LEXVISA Weekly Immigration Update 27 October 2017

This week we wrote about the popular Tier 1 Investor Visa as being synonymous with the Golden Visa. The Tier 1 Investor was introduced to appeal to High Net Worth individuals from overseas and is assessed under the Point Based System (PBS). We also wrote about the uncertainty for EEA Workers in the Fashion Industry post-Brexit and we were also happy to announce another successful Entry Clearance UK Spouse Visa Application. Lastly we also wrote about the importance of having legal representation when preparing UK Visas and Immigration applications as is highlighted by the case of Felber & Anor v SSHD whereby the Applicants did not fully understand the Home Office requirements and as a result their Tier 1 Entrepreneur Settlement application was refused due to them not fully understanding the requirements. 

 The Golden opportunity under the Golden Visa – Tier 1 Investor Visa

One of the key attractions for the Tier 1 Investor visa also known as the Golden Visa is the potential to settle in the UK before the 5-year mark. In normal circumstances, Applicants can only settle once they have resided in the UK for 5 continuous years and meet the requirements for Indefinite Leave to Remain (ILR) under the Immigration Rules. The Tier 1 Investor visa offers accelerated settlement for Applicants and their dependents. Ultimately, the settlement route would depend on the investment amount. The accelerated investment amounts are listed below:

  • £10 million investment allows settlement in 2 years;
  • £5 million investment allows settlement in 3 years; or
  • £2 million investment allows settlement in 5 years.

Another benefit for Applicants is that they are not required to meet the English Language requirement that must be met in other Points Based System applications such as Tier 1 EntrepreneurTier 2 Work and Tier 4 Student visa. The residency requirement is also very kind as it allows Applicants to spend up to 180 days outside the UK per year. There is no other visa category under the Immigration Rules that allows Applicants to spend 180 days outside the UK without breaking the residency requirement.

The Impact of Brexit on the Fashion Industry for EEA Workers

The Institute for Public Policy Research (IPPR) think-tank has said that the UK Fashion Industry, along with many others, will find it near impossible to recruit non-skilled EEA Workers post-Brexit, despite the number of jobs currently on the Shortage Occupation List, as some Fashion Industry jobs are such as designers and those in buying and purchasing. Although the UK Government is insistent on reducing the UK’s net migration figure to 100,000 and to encourage UK businesses to employ British nationals before considering overseas workers, this has been seen to have an adverse impact on the UK Economy and the UK Fashion Industry as the struggle to fill job vacancies is ever increasing. Once the UK has left the EU, EEA Workers will have to apply under the Points-Based System of the Immigration Rules, or similar, as non-EEA migrant workers currently do. However, this is a far more complex process as the requirements are far more stringent and harder to satisfy. UK businesses in the Fashion Industry hiring foreign migrant workers under Tier 2 of the Points-Based System would have to pay a minimum salary of £30,000 per year to every migrant worker, which has already seen the collapse of many small businesses who have been subject to these new requirements for non-EEA migrant workers.

Further, there is also the recent Immigration Skills Charge which will add further expense to employers recruiting overseas workers in the Fashion Industry as Tier 2 Sponsor employers must pay £1,000 per migrant worker they employ.

Success Story-Entry Clearance UK Spouse Visa Granted

We received the wonderful news that a client (the Applicant) UK Spouse Visa application had been successful. The Applicant was a Ukrainian national residing in her home country. The Applicant and Sponsor met on holiday in India and started dating shortly after. Soon after they met, the couple instantly discovered their shared interests and mutual attraction for one another. In our initial consultation with the Sponsor, he had informed us that the Applicant had 4 previous UKVI Home Office refusals to her name. Our Solicitors reviewed the previous refusals and informed the Applicant of what work and documents are required to achieve a successful application. As mentioned above in this particular case, the Applicant had 4 previous UKVI Home Office refusals to her name as the Home Office was not satisfied that she met the Immigration Rules. However, our specialist immigration team were able to achieve a successful result for our client.

Recent Court Ruling forces Tier 1 Entrepreneur Visa couple out of the UK

The Home Office and UK Visas and Immigration rules can be highly complex and it is important that Applicants fully understand all of the requirements before submitting a UK Visas application otherwise it will be refused by the Home Office. This has recently been highlighted in the case of Felber & Anor v Secretary of State for the Home Department [2017] ScotCS CSOH 130 (“Felber & Anor v SSHD”) whereby their application for Tier 1 Entrepreneur Settlement, also known as Indefinite Leave to Remain, was refused due to the Applicants ‘mistakenly’ not meeting the Tier 1 Entrepreneur Job Creation Requirement during their period of extension.

If anything, this case has highlighted the importance that Applicants should fully be aware and understand the requirements for not only the Tier 1 Entrepreneur Visa extension application but also for future settlement. It can be argued that the decision in Felber & Anor v SSHD is harsh and that discretion should have been used as the Applicants have made positive contributions to the UK since 2011 and had to the best of their knowledge, complied with all of the Home Office’s rules and requirements. The irony is that the UK Government is eager to attract high net worth individuals such as Tier 1 Investors and Tier 1 Entrepreneurs, yet due to the wording of the Immigration Rules being unclear and confusing, the Applicants are now being forced to leave the UK. The UK Immigration Rules and requirements are complex therefore it is crucial to seek expert legal advice from our business immigration lawyers before preparing and submitting a UK visa application to the Home Office.

The full judgment can be accessed here: Felber & Anor v Secretary of State for the Home Department [2017] ScotCS CSOH 130 | LEXVISA Solicitors & Barristers

Using Legal Representation to Prepare a UK Visas and Immigration Application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visas and Immigration application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules.

Successful UK Visas and Immigration Applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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