LEXVISA Weekly Immigration Update 1 September 2017

At the beginning of the week, we explained that it may be possible for Tier 1 Investors, who have a particular skill set, to apply under the Tier 1 Exceptional Talent Visa route. Also this week, it was announced that a popular Punjabi restaurant in Whitechapel was raided by Immigration Enforcement Officers and issued with an Illegal Working Closure Notice. It is highly important that employers who hold Tier 2 Sponsor Licences are always prepared for an unannounced Tier 2 Home Office Compliance Visit, which in recent months the Home Office has been conducting more frequently, in a crackdown against illegal working in the UK.

1.Exceptionally Talented Investors can apply under Tier 1 Exceptional Talent Visa Route

The Tier 1 Investor Visa route is popular for overseas nationals who are looking to invest in the UK. However, it can be difficult to be granted a Tier 1 Investor Visa since one of the main requirements is that the Applicant must invest a minimum of £2 million into the UK. This can be by investing in government/ private bonds or share/loan capital in existing trading companies. Successful tier 1 Investor Applicants are initially granted leave in the UK for 3 years and 4 months, which can then be extended for a further 2 years. Applications for Indefinite Leave to Remain may also be fast tracked depending on the level of investment.

Alternatively, Tier 1 Investors who have a particular skill set could alternatively apply under the Tier 1 Exceptional Talent Visa route. The Tier 1 Exceptional Talent Visa application is a two-stage process; firstly Applicants must be given an endorsement by one of designated competent bodies, then once this has been granted then they may make the application for the Tier 1 Exceptional Talent Visa.

2.London Restaurant issued with Illegal Working Closure Notice

An Illegal Working Closure Notice can close a business premises down for up to 48 hours if a Chief Immigration Officer or higher finds that the employer who is operating that premises is found to be employing individuals who have no right to work in the UK. An Illegal Working Closure Notice may be challenged under paragraph 3, schedule 6 of the Immigration Act 2016.

After an Illegal Closure Notice has been issued, an Immigration Officer can make an application for an Illegal Working Compliance Order. An Illegal Working Compliance Order can require the employer to perform Right to Work Checks and produce Right to Work Check documents, as well as restrict or prohibit access to the premises. Failure to comply with the Illegal Working Compliance Order can result in a fine and up to 51 weeks imprisonment. Appeals may be made against an Illegal Working Compliance Order to the Crown Court within 21 days from the date of which the relevant decision was made.

3.Overcoming a Tier 2 Home Office Compliance Visit and Protect your Sponsor Licence

Employers who have a Tier 2 Sponsor Licence need to ensure that their business is complying with its Tier 2 Sponsorship duties. The Home Office can at any time conduct an unannounced compliance visit which, if the findings are not in accordance with Home Office Policy Guidance, can result in the Tier 2 Sponsor Licence may be suspended or even revoked.

The purpose of a Tier 2 Home Office Compliance Visit is not only to make sure that there is no illegal working on the premises, but to also see that the Tier 2 employer can operate a fully functional Human Resources System and is capable of complying with all its Tier 2 Sponsorship duties.

Whilst a Home Office Compliance Visit will be unannounced, there are still ways in which a Tier 2 Sponsor Licence holder can be prepared for the Home Office Compliance Visit. Our team of specialist immigration solicitors and barristers can assist with preparing for a Home Office Compliance Visit and can carry out mock Home Office Compliance Visit checks to ensure your business meets all of the Tier 2 Sponsor Licence duties so your Sponsor Licence is not suspended or revoked.

Using Legal Representation to Submit a UK 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 a UK Visa application. Our solicitors and Barristers will help you find the best Visa route for you and will ensure you comply with the Home Office’s requirements and meet the UK Immigration Rules.

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 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 Immigration Rules.

Successfully Submit a UK 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 Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & 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 Immigration & Visa application.

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

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