Our alert of 23 August 2019 set out the requirements for sponsors of Tier 2 and 5 workers to record the date of first entry to the UK. As an update, the Home Office has released a new version of the Appendix D guidance which sets out those requirements. The new guidance clarifies that:
- Where a Tier 2 or Tier 5 sponsored worker first enters the UK before the ‘valid from’ date in their initial visa, they will not have the right to work. As mentioned in our last alert on this, sponsors should ensure that in this situation their sponsored workers leave the UK and Common Travel Area and re-enter within the validity of the initial visa in order that the date of entry (and right to work) checks can be carried out and recorded; and
- The requirement to record the date of entry only applies to entry clearance applications – where the sponsored worker has applied for the visa from outside the UK and is entering the UK for the first time. It does not apply to applications submitted from within the UK, such as extension, switching or Tier 2 change of employer applications. In any event, the usual right to work checks must always be completed.
For further information, please contact a member of our immigration team.