LEXVISA Weekly Immigration Update 24 November 2017

Our team of expert solicitors recently received some wonderful news that one of our returning clients (“the Applicant”) had been granted British Citizenship. This week we also explained that although the Tier 1 Investor Visa and Tier 1 Entrepreneur Visa options are attractive options for high net worth individuals, it is important to understand the distinction between a Tier 1 Investor Visa and a Tier Entrepreneur Visa and their differing requirements. On 21 November 2017, the Home Office released it’s updated policy guidance on EEA decisions on grounds of Public Policy and Public Security.

1. Business Immigration Routes Explained: Tier 1 Entrepreneur or Tier 1 Investor Visa?

The Tier 1 Entrepreneur visa is one of the hugely popular Business Immigration Routes as it allows prospective entrepreneurs to come to the UK to either set up a new business or join an existing business, in which they have control.The Tier 1 Investor visa route is another one of the very popular Business Immigration Routes for prospective investors to come to the UK as unlike the Tier 1 Entrepreneur visa, Applicants do not have to show evidence of meeting the Maintenance and English Language requirement. Applicants are also permitted to work or study on a Tier 1 Investor visa. It is important to ensure that you can meet the requirements of these Business Immigration Routes in accordance with UK Immigration Law and Rules to start, establish or invest in a business in the UK.

We regularly assist High Net Worth Applicants who wish to enter the UK for investment purposes or to establish a business presence UK business may apply under the Points Based System, by way of either a Tier 1 Investor Visa or Tier 1 Entrepreneur Visa, being the most common Business Immigration Routes in the UK. We are part of the fastest growing law firm in the Plimsoll UK Top 500 solicitors firms of 2016.

2. Success Story: British Citizenship Application Granted

The Applicant first entered the UK as an EEA national exercising her Treaty Rights as a Student. She had concerns about whether she would be able to submit a successful Naturalisation application as she had committed a few Road Traffic Offences that impacted on whether the Applicant satisfied the Good Character requirement.

“Good character” is not defined in the British Nationality Act 1981, there is no statutory guidance for its interpretation of a British Nationality Application. In general, it means respecting the rights and freedoms of the UK, observing the law and fulfilling their duties and obligations as a resident of the UK. Annex D to chapter 18 of the Home Office guidance: Nationality Policy and Casework Instruction provides guidance to how the Good Character Requirement should be assessed for adults as well as young persons in a British Nationality Application.

Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations, which directly tackled all the issues, involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules.

3. Home Office Policy Guidance Update: EEA decisions on grounds of Public Policy and Public Security

EEA nationals who fail to meet the good character requirement due to criminality or by a marriage, civil partnership or durable partnership of convenience can have their free movement rights restricted or revoked under the EEA Regulations 2016. EEA decisions which are made on the grounds of public policy and public security are discretionary and must be proportionate in that the safety and interest of the public outweighs the rights of the individual. The update focuses on child dependants, liability to deportation and appeal rights, individuals deported under the Immigration Acts who have subsequently acquired EEA rights and restrictions on work and EEA Residence Applications.

 The full updated Home Office Policy Guidance on EEA decisions on grounds of Public Policy and Public Security here: eea-decisions-on-grounds-of-public-policy-and-public-security-2.0 LEXVISA Solicitors and Barristers London

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 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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