UK Border Force bans EU, EEA and Swiss national ID cards: what you need to know

Almost all “insecure ID cards” from the European Union, European Economic Area (EEA), and Switzerland will no longer be accepted at UK borders, the Government has confirmed.

The move is designed to strengthen UK border controls following a rapid rise in false documents.

Here’s what businesses need to know.

What are insecure ID cards?

“Insecure ID cards” are defined as national identity (ID) cards issued by resident countries.

According to Border Force officers, European ID cards are the “most abused documents”, accounting for almost half of all false documents detected at the border.

A new ID card security standard is being introduced across the EU, but these will not be mandatory for at least another five to 10 years.

What is changing?

From 1 October 2021, almost all EU, EEA and Swiss citizens will need a valid passport to enter the UK.

Those who have settled or pre-settled status can continue to use national ID cards until 31 December 2025.

EU, EEA and Swiss citizens can continue to use ID cards to travel within the single market.

What do businesses need to do?

If you employ EU, EEA, or Swiss nationals, or are welcoming guests from these regions, and they do not have settled or pre-settled status, you will need to ensure they have a valid passport before travelling.

New laws “delivering on the people’s priority to take back control of our immigration system”

Commenting on the changes, Home Secretary Priti Patel said: “The UK has a proud history of being open to the world, and Global Britain will continue in that tradition. But we must clamp down on the criminals that seek to enter our country illegally using forged documents.

“We are doing this as part of our New Plan for Immigration, which will be firm on those who seek to abuse the system, and fair on those who play by the rules.”

Get advice today

For help and advice with related matters, please get in touch with our team today.

Final SEISS deadline – Submit your claim by 30th September!

Final SEISS deadline – Submit your claim by 30th September!

If you are applying for the fifth and final grant of the Self-Employment Income Support Scheme (SEISS), you must ensure that your application and any necessary documents are with HM Revenue & Customs (HMRC) by 30th September.

If you fail to submit your claim in time, it will not be processed

Claim now

Those eligible to make a claim for the fifth SEISS grant need to:

  • Apply on or after their personal start date given to them by HMRC
  • Tell HMRC that they intend to carry on trading in 2021/22
  • Reasonably believe there will be a significant reduction in their trading profits between 1 May and 30 September 2021 due to the pandemic.

Don’t forget the turnover test!

Following changes to the SEISS, there are two levels of grant available, which are dependent on your turnover.

This ensures that those whose turnover fell by:

  • 30 per cent or more will continue to receive a grant worth 80 per cent of three months’ average trading profits (capped at £7,500).
  • Less than 30 per cent will receive a reduced grant equal to 30 per cent of three months’ average trading profits (capped at £2,850).

The figures used in this calculation are not profit but rather gross sales for all concurrent trades. All COVID-related grants received should be excluded from your turnover figure.

Here to help

While we cannot complete the fifth SEISS application on your behalf, we are happy to provide advice on your turnover.

Revised Brexit timetable to give businesses “more time to adjust”

Revised Brexit timetable to give businesses “more time to adjust”

A revised Brexit timetable will give businesses “more time to adjust” to new trading processes, it has been suggested.

The new schedule comes after concerns that firms are now focusing on recovery from the Coronavirus pandemic, rather than new customs declarations and controls.

Here’s what you need to know.

Full customs declarations and controls to be introduced in January 2022 as planned

As previously announced, full customs declarations and controls will come into force on 1 January 2022.

The option to use the deferred declaration scheme – including submitting supplementary declarations up to six months after the goods have been imported – will be available until the end of the year.

Pre-notification of Sanitary and Phytosanitary (SPS) goods delayed until January 2022

The requirements for pre-notification of Sanitary and Phytosanitary (SPS) goods – set to be introduced from 1 October 2021 – will now come into force on 1 January 2022.

SPS goods include live animals, products of animal origin (POAO), high-risk food not of animal origin, plants and plant products, and ISPM 15-compliant wood packaging material.

If you are moving SPS goods from Great Britain to Northern Ireland from 1 January 2022, you must pre-notify the consignment by creating a Common Health Entry Document (CHED).

Export Health Certificates requirements delayed until July 2022

Requirements for Export Health Certificates (EHC) will now come into force on 1 July 2022, rather than 1 October 2021.

An EHC is an official document that confirms your export meets the health requirements of the destination country.

From July 2022, you must apply for an EHC if you’re exporting or moving live animals or animal products from Great Britain to, or through, the EU, non-EU countries, or Northern Ireland.

Phytosanitary Certificates and physical checks delayed until July 2022

Phytosanitary Certificates and physical checks on SPS goods at Border Control Posts will now be introduced on 1 July 2022. They were due to be introduced on 01 January 2022.

Phytosanitary certificates and documents issued in the country of origin prove that the consignment is bio-secure.

Safety and security declarations now not required until 1 July 2022

Safety and Security declarations on imports – which were due to be introduced on 1 January 2022 -will now be required from 1 July 2022.

New timetable allows businesses to “focus on their recovery”

Commenting on the changes, Minister of State at the Cabinet Office, Lord Frost, said: “We want businesses to focus on their recovery from the pandemic rather than have to deal with new requirements at the border, which is why we’ve set out a pragmatic new timetable for introducing full border controls.

“Businesses will now have more time to prepare for these controls which will be phased in throughout 2022.

“The Government remains on track to deliver the new systems, infrastructure and resourcing required.”

Get advice today

For help and advice with related matters, please get in touch with our team today.

Brexit and immigration: the key dates you need to know about

Brexit and immigration: the key dates you need to know about

Despite ‘officially’ leaving the European Union in January this year, there are still a number of loose ends that need tying up.

In fact, the Brexit deal itself includes transitional rules that span from 2021 to 2028. While many of these rules relate to trade and customs, immigration is a matter yet to be fully resolved.

So, if you are a business that employs EU nationals, here are the key dates and deadlines you need to know about.

30 June 2021: the EU Settlement Scheme deadline

While the deadline has technically passed, the Government said EU and EEA citizens and family members who apply late will have their rights protected pending the outcome of their application and any appeal.

Commenting on the scheme, Minister for Future Borders and Immigration, Kevin Foster, said: “Every day thousands of people are being given status through the hugely successful EU Settlement Scheme. We’ve worked hard to ensure the vast majority applied before the 30 June deadline and are now supporting those making late applications.”

According to the latest statistics, more than five million European workers and their families have now been granted settled status.

30 March 2022: UK nationals’ right to return with EU or non-EU national family members

From 30 March next year, close family members – for example, spouses and children – of British citizens moving to the UK will need to apply for a family visa. This means the minimum income requirement (currently £18,600) will apply.

If you are bringing children, you and your partner will need to earn an extra £3,800 for your first child and £,2400 for each child you have after your first child.

If you return to the UK on or before 29 March 2022, you will need to apply to the EU Settlement Scheme instead.

31 December 2025: EU national ID cards “no longer valid for entry”

According to Home Office guidance, EU national ID cards may no longer be valid for entry to the UK after 31 December 2025. Until this date, ID cards can be used when you have:

  • settled or pre-settled status under the EU Settlement Scheme
  • applied to the EU Settlement Scheme by 30th June 2021 but have not received a decision yet
  • an EU Settlement Scheme family permit
  • a frontier worker permit
  • are an S2 Healthcare Visitor
  • are a Swiss national and have a Service Provider from Switzerland visa.

2028: UK courts in the EU

After 2028, UK courts will no longer be required to send questions relating to the rights of EU citizens living in the UK to the Court of Justice of the European Union (CJEU).

According to a House of Commons briefing paper: “UK courts retain the power to send preliminary references to the CJEU about the meaning of any aspect of Part 2 of the Withdrawal Agreement for a period of eight years after the end of the transition period. Questions about EU citizens’ rights in the UK can thus continue to be submitted to the CJEU until at least the end of 2028”.

Get advice today

For help and advice with related matters, please get in touch with our team today.

Mitigate a major risk to your business this National Payroll Week!

Mitigate a major risk to your business this National Payroll Week!

wrong and the likelihood of things going wrong in the first place.

Nuclear war breaking out tomorrow would be a high impact – low probability risk. Having a paper cut in the next year would be low impact – high probability risk.

Slowly reversing into a bollard in a car park this evening would be, for most of us, a low-impact – low probability risk.

However, there is one more category of risk; high impact – high probability risks. The consequences of things going wrong are severe and the chances of things going wrong are high. These are the most dangerous risks.

Measuring risk in these ways is useful for assessing whether the costs of mitigating a particular risk are outweighed by the benefit of preventing it from coming to pass.

But risk is notoriously difficult to intuit, meaning it is all too easy to underestimate both the probability and severity of a particular risk.

This is especially the case for risks that don’t carry dramatic material consequences.

Impacts vary, probabilities vary and even the ease with which risks can be identified and assessed in the first place varies.

Most businesses repeatedly face one particular task that carries high impact – high probability risks. Things going wrong carries severe consequences and are likely happen at some point.

But, too often, businesses fall into the trap of assuming it carries low impact – low probability risks. It isn’t obvious how easily things could go wrong and how serious the consequences could be. They assume that if things go wrong, they won’t have a severe impact and they’re unlikely to go wrong in any case.

This is a dangerous assumption that can stop you from taking the necessary precautions and leave you vulnerable to severe consequences, including substantial fines and damage to your reputation.

So what is this seemingly perilous task?

The answer is mundane; paying your staff.

If you are assessing the risks your business faces, then write ‘PAYROLL’ in capital letters at the top of the page and underline it.

Yes, paying every employee the right amount, with the correct deductions, every payday and without fail turns out to be a deceptively complex undertaking – even if your balance sheet is brimming with cash and you only have a handful of employees.

If you are not flush with cash or have more than a handful of employees, things become trickier still.

And, if things go wrong, the consequences can be devastating. They can even lead to the loss of your business.

Even if they don’t, they can damage your employment relationships, your reputation and even see you hauled in front of an employment tribunal.

Payroll is complicated, even where staff receive regular salaries, because the rules change frequently and those rules are often conditional on particular characteristics of different employees, including their ages and rates of pay, which also change frequently.

These factors combine to make constant payroll changes inevitable for even small employers.

Employers simply cannot afford to take a ‘set and forget’ approach to payroll.

Even paying the correct rates of the National Minimum Wage (NMW) and the National Living Wage (NLW) can be surprisingly challenging.

The Government published a list of the most common reasons for failing to pay the correct rate of the NMW and NLW recently.

These reasons hint at the complexity of the challenge facing employers simply to pay staff the right amount, which include:

  1. Deductions of payments that take pay below the minimum wage
  2. Unpaid working time takes pay below the minimum wage
  3. Failure to pay the correct rate to apprentices
  4. Failure to pay the uprated minimum wage
  5. Failure to correctly apply the accommodation offset
  6. Incorrect work type
  7. Worker status error

Several of these common errors demand both correct interpretation of the relevant legislation and correct interpretation of a worker’s circumstances, which in turn demand familiarity, not only with the legislation itself, but also with case law and precedents.

It is easy to see why hundreds of employers find themselves ‘named and shamed’ for minimum wage underpayments every year, despite having acted in good faith.

The need for interpretation of the legislation and different working arrangements is one reason why you cannot simply rely on payroll software alone, however useful and sophisticated it is.

Without significant leaps forward in the development of artificial intelligence, software cannot replace the interpretive skill of an experienced human being.

This all points to the steps employers can take to mitigate the risks that come with payroll.

They cannot usually avoid payroll altogether. It might be possible to outsource functions or to use agency staff, but these options bring their own challenges and are not necessarily available in every sector.

You could also devote large amounts of your time to administering your payroll meticulously and diligently. But this is unlikely to be a sensible use of your time when you are try to run and grow a business.

This is where our professional payroll support comes into its own. Not only will our team of experienced payroll professionals take the administrative burden of payroll off your plate, they will also ensure compliance with the full array of legislative and contractual requirements you need to keep abreast of.

You are freed up to focus on more profitable work, safe in the knowledge that your payroll is compliant and taken care of for you.

We turn payroll from a high impact – high probability risk into a high impact – low probability risk. While the consequences of things going wrong can still be severe, they are vastly less likely to go wrong, and you enjoy the benefits of no longer having to deal with the administrative burden.

Contact us to find out more.

UKCA marking deadline extended by one year following coronavirus disruption

UKCA marking deadline extended by one year following coronavirus disruption

Businesses have been given an extra year to apply new product safety markings for most products placed on the market in England, Scotland and Wales, it has been announced.

The UK Conformity Assessed (UKCA) marking regime will replace the product safety labelling system previously used while a member of the European Union.

Here’s what you need to know.

What is UK Conformity Assessed (UKCA) marking?

The new product marking is used for goods placed on the market in Great Britain. It will cover most goods that previously required CE marking – known as ‘new approach’ goods.

The marking is used to demonstrate compliance with product safety regulations.

Businesses have been able to use UKCA marking since 1 January 2021.

What’s changing?

The deadline to apply UKCA marking has been extended for one year until 1 January 2023, rather than 1 January 2022.

The Government said it will introduce a statutory instrument under section 8 of the European Union Withdrawal Act later this year following a period of coronavirus disruption.

What do I need to do?

To prepare businesses, the Government plans to engage with manufacturers to ensure they understand what they need to do. This will include a new series of webinars.

Get advice today

For help and advice with related matters, please get in touch with our team today.

Bounce Back Loan scheme is now live – apply today

Bounce Back Loan scheme is now live – apply today

The Government’s new Bounce Back Loan scheme (BBLS) has now gone live online and is open for applications.

This new scheme is aimed specifically at small to medium-sized businesses looking to borrow a smaller amount to assist them with cash flow and other issues.

Key Features 

  • Businesses can borrow up to 25 per cent of their turnover, from £2,000 up to a maximum loan amount of £50,000.
  • Unlike the Coronavirus Business Loan scheme (CBILS), the BBLS is 100 per cent backed by the Government – ensuring that loans can be provided with fewer checks to more businesses.
  • The BBLS is being administered by the British Business Bank and the loans will be provided by accredited lenders (find details of accredited lenders by clicking here).
  • There will be no interest or repayments due on BBLS finance for 12 months, and after this period the Government has agreed to a low fixed interest rate of 2.5 per cent.
  • The length of the loan is for six years but early repayment is allowed, without early repayment fees.
  • There will also be no guarantee or administration fees, or any requirements for personal guarantees.
  • Businesses that have already acquired finance of less than £50,000 from the CBILS can transfer into the BBLS.
  • Despite the backing of the Government, borrowers will remain 100 per cent liable for the debt from the finance.

Eligibility

The BBLS is open to businesses from most sectors and those applying must be able to self-certify the following to lenders:

  • It is UK-based in its business activity and established by 1 March 2020;
  • It has been adversely impacted by the Coronavirus (Covid-19);
  • It is not currently using a government-backed Coronavirus loan scheme (unless using BBLS to refinance a whole facility);
  • It was not a business in difficulty at 31 December 2019; and
  • It is not in bankruptcy, liquidation or undergoing debt restructuring.

Some organisations are excluded from BBLS finance, this includes:

  • Credit institutions (falling within the remit of the Bank Recovery and Resolution Directive)
  • Public sector bodies,
  • State-funded primary or secondary schools
  • Insurance companies.

Application Process 

Once a business has selected an accredited lender via the British Business Bank website here, they will be required to fill in a short online application form on their chosen lender’s website.

This self-certifies that they are eligible for a Bounce Back Loan facility. The bank will then undertake standard customer fraud, Anti-Money Laundering (AML) and Know Your Customer (KYC) checks.

If the bank is satisfied that the borrower meets the conditions of the BBLS then they should be able to release funds within a matter of days – in some cases within 24 hours.

To start the BBLS application process please click here

It may be best to make the first application with a bank which the business has an existing relationship with, as some banks have said they are only currently entertaining applications from existing clients.

If one lender turns a business down, they can still approach other lenders within the scheme.

BBLS is designed to be fast for lenders to process and quick and easy for businesses to access, which is you will only be required to fill out a short application form online for each new lender.

Here to help

If you need advice on the most appropriate form of Government-backed finance for your business or would like wider help and support as a result of the current crisis, please contact our team.

Expanded Coronavirus Large Business Interruption Loan Scheme (CLBILS) launched

Expanded Coronavirus Large Business Interruption Loan Scheme (CLBILS) launched

Following an announcement by Chancellor, the Coronavirus Large Business Interruption Loan Scheme (CLBILS) launched on Monday 20 April 2020 and, in a change of policy, will be open to businesses with turnovers of more than £500 million.

Businesses turning over more than £45 million can to apply for facilities of £25 million, while those with turnover greater than £250 million can apply for facilities of up to £50 million.

The scheme had previously been limited to businesses with turnovers of no more than £500 million. The expansion of CLBILS means that some larger businesses that have an Investment Grade rating will be able to choose between CLBILS and the Bank of England’s Covid Corporate Financing Facility (CCFF).

As with the Coronavirus Business Interruption Loan Scheme (CBILS) for businesses with turnovers of up to £45 million, CLBILS facilities are backed by an 80 per cent Government guarantee. However, unlike CBILS, CLBILS facilities will otherwise be on normal commercial terms and will not include a 12-month interest-free period.

The maximum repayment term for CLBILS facilities is three years.

CLBILS facilities are available from a panel of more than 40 lenders accredited by the British Business Bank.

Contact us today for more information on the Government support available to businesses during the coronavirus outbreak.

Revised Coronavirus Business Interruption Loan Scheme (CBILS)

Revised Coronavirus Business Interruption Loan Scheme (CBILS)

The Government has announced significant revisions to the Coronavirus Business Interruption Loan Scheme (CBILS) that come into effect from Monday 6 April 2020, opening up the scheme to a wider range of businesses.

The Scheme provides UK-based SMEs with turnovers of up to £45 million access to facilities of between £1,000 and £5 million interest-free for 12 months, backed by an 80 per cent guarantee from the Government.

However, until now, CBILS has only been open to businesses that were unable to access a facility on normal commercial terms.

HM Treasury has now confirmed that from Monday 6 April 2020 any businesses that meet the main criteria must be considered for a CBILS facility, even if they would otherwise qualify for a commercial facility.

Am I eligible? 

The British Business Banks says that businesses that meet the following conditions must be considered for CBILS:

  • Be UK-based in its business activity
  • Have an annual turnover of no more than £45 million, of which more than 50 per cent is generated through trading activities
  • Have a borrowing proposal which the lender would consider viable, were it not for the current pandemic
  • Self-certify that it has been adversely impacted by the coronavirus (COVID-19).

Full details of eligibility and an FAQ link to the British Business Bank can be found here.

What finance can I access?   

Funding can be in the form of loans, overdrafts, invoice financing or asset finance, although each lender will be able to choose which elements of the scheme it supports.

Facilities are available from £1,000 to £5 million, subject to a lender’s criteria. CBILS will be interest-free for the first 12 months, as the Government has guaranteed to cover these payments during this period.

The Government and the British Business Bank, which is helping to administer CBIL, have confirmed that no setup fee will be charged.

Am I liable for all of the debt? 

The borrower will remain 100 per cent liable for the debt. An 80 per cent guarantee offered by Government is simply to provide some recourse for the lender in the event of a borrower defaulting on their debt.

Do I need to provide a personal guarantee?

The British Business Bank has confirmed that the lender can only require personal guarantees for facilities of £250,000 or more. However, where personal guarantees are required:

  • they exclude the Principal Private Residence (PPR), and
  • recoveries under these are capped at a maximum of 20% of the outstanding balance of the CBILS facility after the proceeds of business assets have been applied

I’ve previously been turned down for a CBILS facility because I qualified for a commercial loan, can I re-apply?

Yes, the British Business Bank is encouraging businesses in this situation to contact their lender again following the change in the rules.

How do I apply? 

The scheme will be delivered through existing commercial lenders, backed by the Government-owned British Business Bank. There are currently 40 accredited lenders able to offer the scheme, but more are being added regularly.

These are the steps that you should take in applying for a loan:

  1. Decide which form of finance you require and identify which accredited lenders can offer it. This can be done by using the British Business Bank’s filter tool by clicking here.
  2. This filter allows you to put in the region where your business is based and the type of loan you require and will provide you with a list of suitable lenders.
  3. Research what each lender is offering via their website and decide how much funding you require.
  4. Collate all necessary information to make an application, including an up to date business plan, cash flow forecasts, business plans, historic accounts and details of assets.
  5. Make an application with your chosen lender that suits your requirements. The loan application process is likely to differ from lender to lender.

The British Business Bank has indicated that it may be beneficial to seek finance first through a lender that you have an existing relationship with.

To help you with this process we have prepared a helpful infographic, which can be downloaded and shared.