LEXVISA Weekly Immigration Update 3 November 2017

LEXVISA Immigration Solicitors and Barristers explained that earlier this week new Right to Bank Check measures have been introduced by the Home Secretary to further crack down on the UK’s net migration figure. We have also explained that the UK is a Hotspot for Business Immigration Investment and this can be beneficial for Tier 1 Investor Visa and Tier 1 Entrepreneur Visa holders who are seeking business opportunities in the UK. Lastly, we outlined the connection between TUPE Transfers and migrant workers and the importance of employers with a Tier 2 Sponsor Licence carrying out sufficient Right to Work Checks.  

1. New Right to Bank Check Comes into Force as of 30 October 2017

As of 30 October 2017, Section 45 (bank accounts) and Schedule 7 of the Immigration Act 2016 are fully operative and all banks in the UK will have an obligation to conduct quarterly periodic checks to monitor the immigration status of both existing and new bank account holders. Banks and building societies who fail to comply with these Right to Bank Checks will be held accountable by the Financial Conduct Authority.

The Right to Bank Check is an extension of the Right to Work Check and Right to Rent Check which the Home Office use in order to reduce and prevent illegal migration in the UK. This has sparked a great deal of criticism as the Home Office frequently provides incorrect or out of date information about an individual’s immigration status and therefore these checks may put vulnerable people more at risk.

2. The UK is a Hotspot for Business Immigration Investment

More overseas companies locate their businesses in the UK than anywhere else in Europe. This is because of the UK is innovative in the business world and individuals can receive a high return on investment. The Tier 1 Investor Visa and Tier 1 Entrepreneur Visa routes of the Points-Based System allow overseas High Net Worth business persons to come to the UK in order to benefit from the UK as a Business Hotspot. Despite the uncertainty of Brexit, the UK continues to welcome overseas High Net Worth individuals and the UK remains and attractive option for overseas business persons to invest in or set up their businesses.

Both the Tier 1 Investor Visa and Tier 1 Entrepreneur Visa routes are attractive options for High Net Worth business persons looking opportunities in the UK as a Business Hotspot. However there are distinct differences between the two visa routes and Applicants should seek specialist legal advice from our Immigration Lawyers to understand the best route for them before applying.

3. TUPE transfers and migrant workers – are you an employer with a Tier 2 Sponsor Licence?

When an employer inherits employees via TUPE transfers, the new employer is responsible for ensuring all Right to Work Checks are correctly carried out. The only exception to this is if the transferee can be sure that the transferor correctly carried out these checks previously. The transferee is often liable for any mistakes or discrepancies that may occur as a result of the TUPE transfers scheme. Both the transferor and transferee have responsibilities to undertake during the TUPE transfers process.

A new licence or extension should be sought within 20 working days of the transfer. If this deadline is not met, all Tier 2 Work Visa holders are liable to have their leave to work curtailed to 60 days (unless exemptions apply). If the new employer does not seek the Tier 2 Sponsor License in the timeframe, it may be subject to civil and/or criminal sanctions. If an employee’s role or salary changes during the TUPE transfer, then the employee will need to make a new application for leave and the transferee is required to assign a new Certificate of Sponsorship. Usually, this will require a new Resident Labour Market Test to be carried out.

Using Legal Representation to Submit 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 & Immigration 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 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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