LEXVISA Weekly Immigration Update 13 October 2017

LEXVISA is pleased to announce the recent success of an Entry Clearance Spouse Visa application which we prepared for one of our clients who is a USA citizen residing in Canada. There is also promising news for Tier 4 Students and Tier 1 Investors and Entrepreneurs in the UK post-Brexit, as the UK Government has openly welcomed high net worth individuals and those who are seen to benefit the UK. The future is appearing less hopeful for non-EEA nationals who may be looking at Retained Rights of Residence post-Brexit as they may find themselves having to make an application under the Immigration Rules, which are far more stringent than the EEA Regulations. We have also highlighted the requirements for a Tier 2 Work Visa and the barriers that Theresa May has put in place for Tier 2 Sponsor Licence holders in a bid to encourage UK employers to employ British nationals before foreign migrants. 

1. UK Visa Success Story: Entry Clearance Spouse Visa granted

We had more wonderful news this week that one of the Clients from the USA was granted an Entry Clearance Spouse Visa to the UK. The Applicant was a USA National residing and working in British Columbia, Canada. In this particular case, we were instructed that the Applicant was going to opt for the Settlement Priority Visa Service as she had been offered a job in the UK which required an imminent start. Our solicitors and barristers successfully guided the Applicant through the application process and prepared strong legal representations which focused on how the Sponsor satisfied the immigration rules for an Entry Clearance Spouse Visa application. Unlike some regulated practices, Our Solicitors and Barristers are fully qualified at the highest level and regulated by the Solicitors Regulation Body (SRA). Our specialist Immigration Team works closely with Applicants ensuring that all the mandatory documents are collected for the application.

2. Future looks promising for Tier 4 Students and Tier 1 Investors and Entrepreneurs in the UK

The UK Government has recently been criticised by experts in the business and academic sectors for failing to provide satisfactory assurances for the future of business and education opportunities in the UK. The primary concern is the UK Government’s everlasting focus on cutting down net migration and failure to acknowledge the risk of facing a shortage of workers in the UK. In addition to this, it is still unclear what free movement rights European Economic Area (EEA) workers may have following the UK’s departure from the European Union (EU). Despite the recent concerns, the UK is still one of the leading places for Tier 4 Students as the UK is the home to some of the best educational institutions in the UK. Similarly, the UK is an attractive investment location as Applicants investing in the UK could benefit from settlement rights.

The Tier 1 Investor and Tier 1 Entrepreneur route is also well-sought route under the Immigration Rules for high net business peoples wanting to invest in the UK. The two applications are very different in nature, The Tier 1 Investor Visa route is available to high net worth individuals who intend on making substantial financial investments in the UK. The minimum amount that the Applicant must have is £2m. The Tier 1 Entrepreneur visa is also a very popular visa for Applicants who aim to come to either set up a new business or to take over an existing business. Applicants are required to provide evidence that they have access to a minimum of £200,000 in investment funds ready and available to invest in the UK.

3. EEA Retained Rights of Residence after Brexit Immigration

Non-EEA family members who enter to the UK as family members of EEA nationals can apply for EEA Retained Residence if their relationship breaks down. EEA Retained Rights of Residence can be obtained in circumstances where the EEA national has died; the EEA national and the non-EEA national partner have divorced; or the EEA national leaves the UK. Non-EEA family members who are the parent of an EEA national child may also retain the right of residence in the UK. Requirements for the EEA Retained Rights of Residence can be found under Regulation 10 of the Immigration (European Economic Area) Regulations 2006 (“EEA Regulations”). There may be difficulties in meeting the requirements under Regulation 10(5) of the EEA Regulations situations where the relationship with the EEA national has not ended amicably which is why it is helpful to gain legal advice from our specialist immigration team before making an application based on EEA Retained Rights of Residence.

4. Tier 2 Work Visa Overview

Skilled overseas migrants can apply for a Tier 2 Work Visa in order to come to the UK to accept a job offer from a UK based employer. Tier 2 Work Visa applicants must ensure that they have a Certificate of Sponsorship from a Home Office Licenced Sponsor before submitting their Tier 2 Work Visa application, as well as meeting all of the other UK Visas and Immigration (UKVI) requirements. Similarly, Tier 2 Sponsor Licence holders must ensure they are compliant with the UK Home Office’s stringent requirements in order to avoid any hefty fines or even the revocation of their Tier 2 Sponsor Licence.

All Tier 2 Work Visa applicants must be able to meet the maintenance and English Language Requirements. Applicants must also have a Certificate of Sponsorship from a Home Office licenced sponsor before making a Tier 2 Work Visa application to any of the above-mentioned categories. The Shortage Occupation List, under Appendix K of the Immigration Rules, defines which jobs have a shortage of skilled professionals within a certain profession in the UK which includes nurses and chefs at non-take away restaurants.

Using Legal Representation to prepare a UK Immigration Visa Application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules.

Caseworkers at the UK 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 Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules.

Successful UK Immigration Visa Application

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 prospects of submitting a UK Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Visa application and ensure that you meet all the requirements of the relevant rules.

Our offices 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.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. 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 to discuss a UK Visa application.

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

Call Now Button search previous next tag category expand menu location phone mail time cart zoom edit close