Following a seemingly innocuous statement of changes, crossover is now inevitable between immigration and contract law, explains Ian Robinson
As of 6 November, contract lawyers are going to need to start speaking to their immigration advisers more regularly than they may like.
The vast majority of people at the beginning of the month will have spent the day talking about fireworks and the lingering scent of bonfires on their winter jackets.Immigration lawyers had more technical interests: new visa policies for overseas investors, genuineness tests for migrant workers and the 90 pages of changes to secondary legislation were the order of the day.
Hidden within that statement of changes was a seemingly innocuous provision about migrants working on client contracts. The rules now enable officials to refuse visas if a sponsored worker will fill a routine role for a client, as opposed to providing a service on behalf of their sponsor.
This is not entirely new. In fact, Home Office guidance already dictated that a sponsored worker could only be contracted to work on a time-bound project and, even t...
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