With around 43,000 UK nationals living and working in Switzerland and with a number of multinationals and NGO’S having their European headquarters based there it is important to be up to speed with what the Rules will be post-Brexit for UK citizens to work in Switzerland. These Rules have recently been set:

The News

The Swiss Federal Council approved on 17 April a temporary agreement with the United Kingdom on access to the Swiss labour market. The agreement will apply in the event of the UK’s disorderly departure from the EU. In such a scenario simplified requirement for working in either country would be introduced for a limited transition period until December 31 December 2020. 

The Background 

In the event of the UK’s disorderly withdrawal from the EU, the Agreement on Free Movement of Persons (AFMP) will no longer apply. This means that UK citizens entering Switzerland for the first time and wishing to settle will be treated like other non-EU/EFTA nationals, with the Foreign Nationals and Integration Act (FNIA) being applicable to discern the requirements. If however, the UK leaves the EU on the basis of a withdrawal agreement, the current provisions of the AFMP will continue to apply between Switzerland and the UK during a transitional period which is expected to last until the end of 2020. 

The Effect

In order to safeguard the interests of the Swiss economy with regard to the recruitment of British workers in case of a disorderly withdrawal of the UK from the EU, the temporary agreement would introduce simplified access for UK nationals to the Swiss labour market for a limited period. In practice, this would mean dispensing with checks on professional qualifications and waiving the precedence given to workers already resident in Switzerland as well as waiving the consideration given to the interests of the economy as a whole. There would also be a temporary waiver of the need for federal government approval for cantonal permits. Wage levels and working conditions, however, would still be checked. As already decided on March 22nd, 2019, separate quotas for UK nationals would apply during the transition period. 

For Swiss nationals intending to work in the UK the agreement enables a stay in the UK for up to three months without needing a permit. If they wish to stay for longer than three months, registration is required upon which a residence permit for three years will be issued. This will be under a new scheme introduced by the UK known as European Temporary Leave To Remain. After the 3-year period, Swiss nationals will need to switch immigration status in accordance with The Rules in place at that time. 

The date the Agreement Comes Into Force

The Federal Council approved the agreement at its meeting on April 17 2019. Before signing it, however, the Federal Council will consult the relevant parliamentary committees regarding the provisional application of the agreement. The earliest possible date it will become law is June 1 2019.

Paragon Law are UK immigration law specialists and are retained by a number of businesses to manage global mobility programmes including the setting up of subsidiaries and the transfer of personnel across the globe. We do this by working with niche immigration law partners in the host country. We would like to thank our Swiss partners, Blue Lake Legal with their assistance in writing this article.

The Home Office have released a number of updates on the EU settlement scheme in the last 2 weeks.

Refunds

There will be no fee for a settled status application. Applicants who applied during the pilot phase will receive an automatic refund. The money will be paid to the card which paid the fee for the application. Those who have paid the fee should look out for this. Our prior experience is that refunds from the Home Office can be missed and they do sometimes have to be chased.

How is it working so far?

The Settled Status Scheme has been open in a pilot form since last year. It is currently open to those EU nationals who have a biometric passport and EU family members who have a biometric residence permit issued since April 2015.

The Home Office say that they have processed over 150,000 applications, with no refusals. Anecdotally, we have heard that the process is fairly straightforward when the technology works. Most issues have been with the App not working, however this was a pilot phase largely to test the App and therefore some bugs may be expected.

Roll-Out

The full scheme will now be opened in phases.

  • 30th March- Scheme will open to EU nationals and their family members who are applying from inside the UK. The scheme will also be open for nationals of Iceland, Liechtenstein, Norway and Switzerland and their family members who are applying from inside the UK.
  • 9th April- Scheme opens for applications from outside the UK.
  • 1st May- Scheme opens for Zambrano carers.

Additional Help and Support

The application process for the EU Settlement Scheme is online and requires an Android device with ‘near field communication’ i.e. contactless technology. This is because the biometric chip in the passport can be read and authenticated by the Android device.

For those who do not have this, there will be a number of locations where applicants can take their passports to be authenticated. They will be in the following locations,

  • Bath
  • Belfast
  • Caerphilly
  • Dudley
  • Edinburgh
  • Hertfordshire
  • Hull
  • Lincolnshire
  • London (Camden)
  • London (Hackney)
  • London (Southwark)
  • Newcastle upon Tyne
  • Sandwell
  • Southampton
  • Stockton-on-Tees
  • Trafford
  • Warwickshire

Contact details for each location are available here https://www.gov.uk/government/publications/eu-settlement-scheme-id-document-scanner-locations/locations-offering-chip-checker-services . Those wishing to use the service must book an appointment.

The geographical spread of these is clearly limited. For those without an android phone who are not local, it may be cheaper to buy a new phone than pay the travel cost!

There is also additional support for those who have difficulty with using the technology, including those with disabilities. Applicants can attend an ‘Assisted Digital’ location and a range of locations listed here https://www.gov.uk/government/publications/eu-settlement-scheme-assisted-digital-service/assisted-digital-test-location.

Home visits are offered in the locations listed here https://www.gov.uk/government/publications/eu-settlement-scheme-assisted-digital-service/assisted-digital-home-visits .

Overall, the spread of services seems rather odd and quite patchy, particularly in Scotland and Northern Ireland. The system works well for those who have the access to, and ability to use, the online system. However, for those who cannot use it, for instance due to poverty, disability or vulnerability, the support appears patchy and difficult to access. Anybody who struggles with using the internet will have significant difficulty. 

What do you get to show ‘settled status’?

One of the more unnerving aspect of this process is that it is electronic only. Applicants do not get any physical evidence of their status. While they do receive a grant letter, this states on it that it is not evidence of immigration status. There is no vignette or stamp in a passport and no biometric residence permit.

Employers who have to do ‘right to work’ checks will have to use a new online system here https://www.gov.uk/check-job-applicant-right-to-work . This is separate from the ‘Employer Checking Service’ which is used if an employee has an application outstanding with the Home Office.

The applicant must give you an access code, which is generated by the Home Office. You use that code to access their record. Of course, such a system is only as good as the technology and record keeping behind it. As with many of these systems operated by the Home Office, when they work, they work well. However, as soon as something unexpected or unusual happens, it can become very difficult to resolve.

Right to Work Checks- Important changes

The Government has released a new Code of Practice on Preventing Illegal Working. The new code reflects the fact that, as of 28th January 2019, employers can now conduct ‘right to work checks’ online for certain employees.

Employers can still carry out manual checks if they choose to.

Why do Right to Work Checks?

  • The UKVI can serve an employer with a notice requiring the payment of a penalty of a specified amount where they employ a person who is subject to immigration control; and
  • aged over 16; and
  • not allowed to carry out the work in question because either they have not been granted leave to enter or remain in the UK or because their leave to enter or remain in the UK:
  • is invalid;
  • has ceased to have effect (meaning it no longer applies) whether by reason of curtailment, revocation, cancellation, passage of time or otherwise; or
  • is subject to a condition preventing them from accepting the employment.

In the event that an employer is found to be employing an employee who does not have the right to work, then they will have a defence if they have carried out the correct right to work checks. This can mean avoiding a financial penalty of up to £20,000.

In addition, if you are a licenced sponsor, failure to do right to work checks could lead to the loss of your sponsor licence.

What has changed?

Previously, employers had to conduct a manual check of an employee’s right to work documents in a specified form. Going forward, employers will have the option of making an online check to find out of an employee has the right to work. They will have to follow a three step process.

  1. The employee must give their permission for you to view their Home Office record online. They must do this by using the ‘Prove your right to work to an employer’ page on the .gov.uk website. This will generate a share code.
  2. The employer can then carry out the online right to work check by using the ‘View a job applicant’s right to work details’ on the .gov.uk website. The employer will need to enter the share code.
  3. The employer will receive a notice from the Home Office confirming whether the employee has the right to work and any conditions attached. The employer must retain this as evidence of having done.

This option will not be available for all employees because not all employees will be on the Home Office system. At present, an employee must have applied for ‘settled status’ as an EU national, or have a biometric residence permit. This means that you cannot use it for British nationals or those whose immigration status is proved by a vignette or sticker in their passport. For those employees, an employer must still carry out a manual check.

An improvement, but care still needed

This system should be more straightforward for employers to use for those employees who are eligible. However, there are some points that employers should still bear in mind.

This system is different from the existing online ‘Employer Checking Service’ checks. These are only for use where an applicant or employee has submitted an application for a visa to the Home Office before their old leave expired and the Home Office are still considering it. If the employee has the right to work, then the employer will receive a Positive Verification notice which will give them a statutory excuse for 6 months only. Employers must ensure that they are using the correct scheme.

Employers must make sure that they are using the gov.uk website. The Home Office clearly anticipate that there may be imposter websites that imitate the government website. Results from these will not give you a statutory excuse.

Employers must carry out their own online check using the share code. They must not rely on an online result provided by the employee themselves.

Employers must still check that the person that they are employing is the person for whom they get a notice, for example by looking at the photograph. You will not have a statutory excuse if the person you employ is clearly an imposter.

Some employees will require additional documents. For example, Tier 4 students can work only limited hours in term time. The employer must obtain evidence of their term dates from the university before employing the individual. These must be retained and refreshed over time. If you have any questions or concerns regarding right to work checks, or any other aspect of employing migrant workers, please contact Paragon Law for further advice and assistance.

visa changes

Whilst we still wait for the much anticipatedGovernment Whitepaper on the reforms to the UK Immigration Rules which has nodoubt been delayed due to the current Brexit debacle, the Minister of State forImmigration, Caroline Nokes did publish a writtenstatement on 06 December 2018 (which coincided with the suspension ofthe Tier 1 (Investor) visa) and gave a flavour of what changes will takeplace.  They include:

  1. Introducing the “start-up” visa, which was initially announced in June this year, and which the Government says will build upon the success of the current Tier 1 (Graduate Entrepreneur) route.  At this early stage it would appear that the UK will want to use this visa route to encourage more overseas entrepreneurial talent to set up their business in the UK i.e. not just graduates of UK universities.  The announcement also states that in addition to higher education institutions a UK business may also be able to endorse applicants under the start-up visa, though what is not clear at this stage is whether the start-up visa will replace the Tier 1 (Graduate Entrepreneur) or whether this route will run side by side; and
  • The introduction of a new “Innovator” visa and which will replace the current Tier 1 (Entrepreneur) route.  The Minister’s announcement states that this will be targeted towards experienced business people and unlike the Tier 1 (Entrepreneur) the innovator route will require an endorsement by a business sponsor who will need to assess an applicant’s business idea for innovation, viability and scalability; and
  • Tier 1 (Investor) visa was suspended suddenly without any warning but with the announcement that it had been done so because of widespread fraud and as a mechanism used for money laundering.  The investor category will see a number of reforms and it is likely that applicants will need to prove that they have held the funds that they propose to invest (minimum of £2m) for at least 2 years as opposed to 90 days and applicants will no longer be able to invest in UK government bonds but only in UK trading and active companies; and
  • The Tier 1 (Exceptional Talent) visa will be expanded to allow applications from leading architects to be endorsed by the Royal Institute of British Architects under the remit of the Arts Council England. It does appear that the Tier 1 (Exceptional Talent) visa will be a favoured category of the UK government to attract leading and emerging talent to the UK having earlier in the year expanded the route to include endorsement of leading fashion designers and doubling the number of endorsements that will be given in a year from 1000 to 2000; and
  • The Tier 5 (Religious Worker) route will be tightened to ensure that this visa category is not being used by charities and religious institutions to fill roles that should be carried out by Tier 2 (Minister of Religion) migrants.  The proposals announced in The Statement will require applicants under the Tier 5 (Religious Worker) route to have a stronger command of the English language and will not allow someone under this route to return home and immediately re-enter the UK under the Tier 2 (Minister of Religion) category but instead there will be a “cooling off period” of 12 months preventing an applicant to do so; and
  • Further announcements and clarification will be given of the Seasonal Agricultural Workers scheme which will allow non-EEA migrant workers to come and work in the UK temporarily (for up to 6 months) in the Horticultural sector

As soon as further clarification is given or indeed theWhitepaper published we will of course update you.

NB *Since writing this article the Government announced on 11 December 2018 that the Tier 1 (Investor) Visa will not be suspended but that they are committed to reform this visa category and that any suspension will be announced as part of the changes if necessary.

We are receiving a number of enquires from businesses about frequent short visits to Europe to conduct business or EU colleagues visiting the UK for the same purpose. Thus far we can provide the following information.

 With both the UK and EU committing to citizens’ rights of those EU nationals already settled in the UK and UK nationals settled in the 27 EU Member States the Withdrawal Agreement sets out that British Nationals will not require visas to travel for short stays to the 22 EU member counties that are members of the Schengen area and four Schengen- associated states. It will also apply to Romania, Bulgaria, Croatia and Cyprus. Short stays have been defined as up to 90 days in any 180-day period. This is likely to include travellers for the purpose of business visits, leisure and family visits but not for work.

There is at this stage uncertainty as to whether British travellers will need to apply for electronic travel authorisation (Etias – the EU Travel Information and Authorisation System) which is modelled on the US ESTA and is being introduced by the EU for security grounds for all countries outside the bloc, even if they are visa-exempt. However, what is clear is that the European Health Insurance Card will no longer give British citizens rights to reciprocal healthcare meaning that arrangements should be made for travel insurance.

The UK Government has also declared its intention of EU 27 Member State Citizens not requiring visas for short stay visits (likely to be 6 months as is the case currently with non-EU Nationals) for the purposes of leisure and business.

The European Commission has also said that that this may also be the position i.e. that British Nationals will not require visas for visits in the event of a no-deal.

Areas that we still require clarification include the position of non-EU colleagues that are employed in a multi-national company either in the UK or in a sister company in Europe being transferred for a period of time to work for the same Group. Currently this possible under the Vander Elst visa but this right to travel currently derives from EU law.

UK Leaving EU - BrexitBy Thalej Vasishta:

 It has been a busy and uncertain 24 hours in politics and what appears below is the text of my commentary in the media yesterday, following confirmation that Teresa May had negotiated a transition deal and was putting it to her cabinet. In the last 12 hours I have had the chance to read (quickly!) the 500-page negotiated draft Withdrawal Agreement. The document is a huge step forward in what is a difficult situation for any leader or Government in trying to please all sides of the division. The document in my view makes it clear that transition and the backstop are not intended to be a permanent solution but sets the scene for a future deal and gives some certainty to businesses, is a step towards frictionless trade and the first steps to avoid the perils of a no deal and the years of unravelling that would cause.

My expertise is UK immigration law and policy. This is what I will focus on in the remaining part of this article. When reading the Withdrawal Agreement, it is clear that negotiators had the outcome of the Brexit referendum result in mind which was primarily based on two factors. Immigration, taking back control of our borders and secondly taking back control of our laws. The document achieves this.

Deal or no deal, the Government has given certainty as to the position of EU Nationals currently residing and working in the UK; and a degree of certainty as to how future immigration law and policy will be framed.

Therefore, whilst there remains uncertainty in respect of trade, customs etc. business should however be in a better position to plan to protect their existing EU workforce and consider their strategy in terms of meeting future labour shortages once the UK leaves the EU.

EU Nationals who are already here or continue to arrive in the UK up until 31 December 2020 (end of the transition period) will be entitled to apply up until June 2021 for settled status if they have been in the UK for 5 years by the time they apply, or pre-settled status if they have been here for less than 5 years allowing them to upgrade to settled status later.

This scheme will benefit 3m EU Nationals currently in the UK but it is important that employers keep an eye on when the scheme is opened up to their EU colleagues, encourage them to apply and once the colleague receives their new digital status document to obtain a copy of this status to confirm their continued right to work in the UK. By 28 November the scheme will have opened to colleagues working in higher education institutions, NHS and other related health and social care professions and then the scheme will be open to all by April 2019.

The Home Secretary confirmed at the Conservative Party conference that after the end of the transition period free movement for European Nationals will end. It would appear that little research has been carried out by the Government on the impact this will have to businesses that depend on skilled and unskilled workers from Europe. However, past experience dictates that successive Governments have not been able to get a handle of migration to the UK and therefore any Government that can finally promise the end of free movement will be hoping to have the support of the electorate at large.

Whilst we are waiting for the much-anticipated Government Whitepaper on the future of immigration law and policy, what we can be certain of is that the Rules will be a skills-based, single system for EU and non-EU Nationals meaning that EU Nationals and their employers will have to satisfy the requirements of the existing Tiers of the points-based system for skilled EU workers to work in the UK. This will further mean that businesses that depend on workers from the EU will need to register as sponsors with the Home Office.

The Government is likely to follow the recommendation of the Migration Advisory Committee that there should not be any special schemes or provision for low skilled workers from the EU. The Government instead will be encouraging businesses to align with their industrial strategy and to automate these processes, to increase wages and train UK workers for these jobs. Whilst this is commendable the concern I have is that these initiatives will not alleviate the immediate short-term pressures that businesses will face in recruitment and nor am I convinced that the Government have a handle on the longer-term pressures of an ageing population which will require hundreds of thousands of jobs to be filled in the coming decades.

The Government is however introducing a pilot seasonal workers scheme for 2 years next March, which will allow 2500 workers from outside the EU to work in the UK for up to 6 months to fill labour shortages during peak production periods. My view is that the Government may be forced to consider similar schemes when shortages become apparent in other sectors such as hospitality and care workers in nursing homes if there is enough pressure from industry to do so. It is important that businesses continue to have a dialogue with Government in order to shape future immigration laws which work for UK PLC.

With both the UK and EU committing to citizens rights of those EU nationals already settled in the UK and UK nationals settled in the 27 EU Member States the Withdrawal Agreement sets out that British Nationals will not require visas to travel for short stays to the 22 EU member counties that are members of the Schengen area and four Schengen- associated states. It will also apply to Romania, Bulgaria, Croatia and Cyprus. Short stays have been defined as up to 90 days in any 180-day period. This is likely to include travellers for the purpose of business visits, leisure and family visits but not for work.

There is at this stage uncertainty as to whether British travellers will need to apply for electronic travel authorisation (Etias – the EU Travel Information and Authorisation System) which is modelled on the US ESTA and is being introduced by the EU for security grounds for all countries outside the bloc, even if they are visa-exempt. However, what is clear is that the European Health Insurance Card will no longer give British citizens rights to reciprocal healthcare meaning that arrangements should be made for travel insurance.

The UK Government has also declared its intention of EU 27 Member State Citizens not requiring visas for short stay visits (likely to be 6 months as is the case currently with non-EU Nationals) for the purposes of leisure and business.

All is still up for negotiation but that said, short of us deciding to stay in the EU this is the shape of the UK immigration policy – deal or no deal.

 

Last week saw the legal publications announce their rankings of the best law firms in the UK. Paragon Law was recognised as the leader in the field of immigration law in all of them:

 

  1. In their inaugural list of the 200 Best Law Firms in England and Wales The Times newspaper commended Paragon as one of the 11 best immigration law firms and in particular recognising the strength of the firm’s lawyers in specialising in different areas of immigration law. Thalej Vasishta was recognised for his work in corporate immigration law, Kirin Abbas was highlighted for her work with Universities and Mark Lilley-Tams was mentioned for his personal immigration law know-how. We are delighted to be included in this list which is based on peer review of over 20,000 lawyers. The rankings can be viewed here

 

  1. We also continue to maintain Top Tier status in the Legal 500 publication with particular recognition in our work for acting for both individuals and businesses, “with a particularly strong track record in advising on corporate immigration compliance and on immigration aspects of establishing new businesses in the UK”. In addition to Thalej Vasishta and Mark Lilley-Tams, fellow director Deirdre Sheahan and senior associate Aldijana Hoad are also recognised. The rankings can be viewed here

 

  1. We also continue to maintain our Band 1 status in the Chambers and Partners. Our ranking can be viewed here

Thal Vasishta said “I am delighted with these rankings particularly as it demonstrates the hard work of the lawyers at Paragon Law, our strength in depth and the individual niche specialisms that the solicitors have within our immigration law practice. What also makes our inclusion special is that we must be the only firm that does not submit profiles or references to the legal directories but still continue to be recognised for our work”.

 

The Immigration Health Surcharge is currently £200 per year for most migrants. Those on student visas pay a reduced rate of £150 per year.

 

The Government has announced that they plan to double the Immigration Health Surcharge in December 2018. However, they have not set a specific date in December.

This means that, as of December, those applying for new visas will have to pay £400 per year for the duration of their visa in addition to their visa application fee. Tier 4 students and those entering on the Tier 5 (Youth Mobility Scheme) will have to pay £300 per year. All dependants will also have to pay the same amount as the main applicant.

We advise that applicants should try to submit applications before December 2018 where possible, in order to avoid this significant increase. In particular, you should consider if you or your Tier 2 employee will need to make an extension application in the near future and progress this as soon as you can. The Immigration Rules allow applicants to submit an extension application up to three months before their current leave expires.

In respect of Tier 2 Sponsors you should also make sure that you have sufficient certificates of sponsorship available for all employees who will need them. If you are hoping to sponsor new recruits, you should start running any mandatory advertising now if you have not already done so to allow the 28-day period to run. It will be even more important to ensure that the advertising meets all of the Home Office stipulations as making corrections will cause delay.

If you require further advice or assistance with your application then please get in touch with your usual Paragon Law contact or email enquires@paragonlaw.co.uk or call 0115 9644123.

As we have previously written about here, it is going to be necessary for EEA nationals to make an application for settled status to continue to remain and work in the UK after the transition period which ends 31 December 2020.

Those EEA nationals who qualify to apply in Phase 2 must do so by 21st December 2018.

Who can apply?

  • You are an EU national with a valid passport; or
  • You are a non-EU family member of an EU national and you have a biometric residence card; and
  • You or your family member are employed in an occupation or are part of a group which has been announced in Phase 2.

What occupations and groups fall within Phase 2

From 15 November 2018 those employed at a higher education institution which is on the Tier 4 Register of Licensed Sponsors will be able to apply. Also included are looked after children in participating local authorities and EEA nationals receiving support from specified community organisations.

From 29 November 2018 those employed in the health sector which has been defined broadly under the pilot and includes amongst others, those who are registered with the General Optical Council and the General Pharmaceutical Council.

For a complete list of all the Applicants who will be able to make an application please click here

Right to Work Checks

After the transition period, an employer will no longer be able to rely on right to work documents that they have currently checked and retained for EU colleagues.

If an Applicant is granted settled status or pre-settled status, they will be issued with a new form of ‘digital’ status. Therefore, we advise:

  • Retain a copy of the new digital status once received by the colleague confirming their settled or pre-settled status; or
  • If the application has not been decided prior to the end of the transition period (31 December 2020) then obtain confirmation of the application having been submitted on-line and obtain a copy of the digital status once received; and
  • If the colleague is given pre-settled status this may be time-limited (to be confirmed) to allow for a subsequent application for settled status. Therefore, you must carry out follow-up checks and retain a copy of the new digital status document.

What Steps to take NOW

  1. Assess which of your colleagues qualify to apply when Phase 2 opens and encourage them to do so; and
  2. Set-up a process to ensure that colleagues move forward with their application as and when it is opened to them; and
  3. Set-up a process that allows you to update your right to work documents as and when received by colleagues.

How Paragon Law Can

Paragon Law has a dedicated Brexit Group which has been advising businesses, universities and individuals since the outcome of the Brexit referendum. We have supported organisations in the following ways:

  • Workshops supporting EU colleagues and HR staff – Subjects covered include the criteria for applying, the application process, and what documents or other evidence will be needed to make an application; and
  • Surgeries – we guide EU colleagues through the digital application process, deal with complicated applications or advise on alternative immigration routes which may be better suited.

“The sessions provided by Paragon Law were well attended and covered the key issues of interest to staff, in an accessible and easy to understand way.  The sessions generated lots of questions from staff concerned about their own circumstances and these were handled confidently and sensitively.  The firm was selected because of their specific expertise in immigration law and this expert knowledge came across during the sessions. We were happy to allow Paragon Law access to our staff to deliver these sessions and would be happy to use them again in the future. They have since also provided some follow up FAQs for staff on the current Brexit position which we have published on our staff intranet.”

Rebecca Gott, HR Policy and Strategy Manager, De Montfort University  

 

If you would like to know further details of how Paragon Law can support your business or EU employees, please email corporate@paragonlaw.co.uk.

Below is the full list of those who are able to apply. This is a summary of the information contained within the immigration rules. If you wish to view the original rules please click here. Please note the first list relates to those who can apply from the 15th November 2018, and the second list is those that will be able to apply from the 29th November 2018. At present, this pilot is available until the 21st December 2018.

From 15th November 2018

(i) Higher Education

  • A person employed or engaged by a Higher Education Institution or Overseas Higher Education Institution on the Tier 4 Register of Licensed Sponsors

(ii) Looked-after Children

(A child being looked after (within the meaning of section 22(1) of the Children Act 1989) by, or a person who was such a child and is eligible for support or assistance under the Children Act 1989 (or under regulations made under that Act) from, one of the following local authorities:

  • Kent County Council;
  • Lincolnshire County Council;
  • London Borough of Haringey;
  • London Borough of Waltham Forest; or
  • Sheffield City Council;

(iii) Supported persons

A person receiving support from one of the following organisations:

  • Ashiana Sheffield, Knowle House, 4 Norfolk Park Road, Sheffield, S2 3QE;
  • Coram Children’s Legal Centre, Riverside Office Centre, Century House North, North Station Road, Colchester, CO1 1RE;
  • East European Resource Centre, Room 18-19, 238-246 King Street, London, W6 0RF;
  • Rights of Women, 52-54 Featherstone Street, London, EC1Y 8RT;
  • St Vincent Support Centre, Curtis Building, 4 Barking Avenue, Leeds, LS9 9LF;
  • The Cardinal Hume Centre, 3-7 Arneway Street, Horseferry Road, London, SW1P 2BG; or
  • The Roma Support Group, Alan Shelley House, 318 Barking Road, London, E13 8HL

From 29th November 2018

(i) A person employed or engaged by one of the following institutions or organisations:

 

  • An NHS Foundation Trust in England;
  • An NHS Trust in England;
  • Care Quality Commission;
  • Health Education England;
  • Health Research Authority;
  • Human Fertilisation and Embryology Authority;
  • Human Tissue Authority;
  • Medicines and Healthcare Products Regulatory Agency;
  • National Institute for Health and Care Excellence;
  • NHS Blood and Transplant;
  • NHS Business Services Authority;
  • NHS Counter Fraud Authority;
  • NHS Digital (the Health and Social Care Information Centre);
  • NHS England (the NHS Commissioning Board);
  • NHS Improvement (Monitor and the NHS Trust Development Authority);
  • NHS Resolution (the NHS Litigation Authority); or
  • Public Health England.

(ii) A person employed or engaged by one of the following institutions or organisations:

 

  • A Local Health Board in Wales;
  • Health Education & Improvement Wales;
  • Public Health Wales;
  • The Welsh Ambulance Service; or
  • Velindre NHS Trust.

(iii) A person employed or engaged by one of the following institutions or organisations:

  • A Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;
  • Common Services Agency for the Scottish Health Service (established under section 10 of that Act
  • Healthcare Improvement Scotland (established by section 10 of that Act);
  • Social Care and Social Work Improvement Scotland (known as the Care Inspectorate) established under section 44 of the Public Services (Reform) (Scotland) Act 2010; or
  • Scottish Social Services Council established under section 43 of the Regulation of Care (Scotland) Act 2001.

(iv) A person employed or engaged by one of the following institutions or organisations:

  • A Health and Social Care Trust in Northern Ireland;
  • Northern Ireland Blood Transfusion Service;
  • Northern Ireland Guardian Ad Litem Agency;
  • Northern Ireland Medical and Dental Training Agency;
  • Northern Ireland Practice and Education Committee;
  • Northern Ireland Social Care Council; Patient and Client Council;
  • Regional Agency for Public Health and Social Well-being (the Public Health Agency);
  • Regional Business Services Organisation;
  • Regional Health and Social Care Board; or Regulation and Quality Improvement Authority.

(v) A person who is employed:

  • To provide, or to support the provision of, regulated activities as prescribed in Schedule 1 (read with Schedule 2) to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936), and who is also employed or engaged by an institution or organisation registered with the Care Quality Commission; or
  • For the purposes of an establishment or agency in Wales regulated under Part 2 of the Care Standards Act 2000; or
  • For the purposes of a service regulated under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

(vi) A person who is employed or engaged by a party to:

  • A general medical services contract to provide primary medical services, or an agreement for the provision of primary medical services under section 50 of the NHS (Wales) Act 2006; or
  • A general dental services contract to provide primary dental services, or an agreement for the provision of primary dental services under section 64 of the NHS (Wales) Act 2006.

(vii) A person who:

  • Is providing care services as defined in section 47(1) of the Public Services Reform (Scotland) Act 2010 and registered under that Act; or
  • Is employed or engaged by an organisation registered with Social Care and Social Work Improvement Scotland; or
  • Is, or who is employed or engaged in connection with the provision of services under the National Health Service (Scotland) Act 1978 by, a party (other than a Health Board) to: –
    • an arrangement to provide services under section 2C of that Act; –
    • an agreement to provide services under section 17C of that Act; –
    • a contract to provide services under section 17J of that Act; or –
    • an arrangement to provide services under section 25, 26 or 27 of that Act.

(viii) A person who is employed or engaged by a General Practitioner Federation or by any entity with which the Northern Ireland Regional Health and Social Care Board has a contract or an arrangement under the Health and Personal Social Services (Northern Ireland) Order 1972 to provide Family Practitioner Services.

(ix) A person who is employed or engaged by a body registered with, or monitored or inspected by, the Regulation and Quality Improvement Authority, and who, if that body were in England and they were employed or engaged by it, would meet the criteria set out in (v) bullet point 1, above.

(x) A person employed or engaged by, or registered with, one of the following organisations:

  • General Chiropractic Council;
  • General Dental Council;
  • General Medical Council;
  • General Optical Council;
  • General Osteopathic Council;
  • General Pharmaceutical Council;
  • Health and Care Professions Council;
  • Northern Ireland Social Care Council;
  • Nursing and Midwifery Council;
  • Pharmaceutical Society of Northern Ireland;
  • Scottish Social Services Council (under the Regulation of Care (Scotland) Act 2001)