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Paragraph 322(5): A Ground for Refusal
By Nadine McGarry

The issues faced by individuals who have received a refusal on the grounds of paragraph 322(5) of the Immigration Rules have been reported on widely in the media recently.  Paragraph 322(5) of the Immigration Rules provides a discretionary ground for refusal...

 based on: “the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a...

British universities call for return of graduate work visa
By Richmond Chambers

There are over 450,000 international students studying in the UK. The UK is one of the most competitive countries in the world for higher education, after the much larger USA. However, while rival countries like the US, Australia, France and Germany have continued...

 to see growth in the number of international students flocking to their universities, interest in UK universities has flatlined. Between 2014 and 2015, student numbers in the UK rose by 9.4% but the UK rate was just 0.5%. Leading figures from British...

Can Sole Representatives Be Shareholders?
By Lydia Watton

The Immigration Rules require that an applicant for a sole representative visa is not “a majority shareholder in the overseas business”. What is a majority shareholder? The Home Office guidance states that they will refuse applications where an applicant’s...

 shareholding is more than 50% of the available shares. This means an applicant can still be the largest shareholder, providing they do not own more than 50%. My business doesn’t have shares If your business does not have shares, then there are no...

Tier 2 visas still being hit despite medical restriction
By Richmond Chambers

The demand for skilled workers is outstripping the number available with the latest figures revealing that the number of potential skilled foreign workers trying to obtain a visa under the Tier 2 system remains above the current UK threshold. Figures showed that...

 despite changes to the cap on skilled workers, which last month included the removal of doctors and nurses, there remained more applications for employer-sponsored visas for non-EEA workers in July than there were available visas to legally obtain work in...

What is work? Complying with your visa conditions
By Gillian McCall

Under the Immigration Rules, many people have restrictions on their right to work in the UK. This article will look at some of the main definitions of work used in the Immigration rules in the main work and study based categories and discuss how this will...

 impact people in different situations. Types of leave and their restrictions: Tier 1 Tier 1 (Exceptional Talent): no employment as a Doctor or Dentist in Training, and no employment as a professional sportsperson (including as a sports coach). Tier 1...

How to extend your sole representative of an overseas business visa
By Zoe Bantleman

If you are reading this, and you are a sole representative looking to extend, you will likely already have met the first criteria by entering the UK with valid UK entry clearance as a sole representative of an overseas business. Your next question should be, “How...

 do I make sure that I am ready to extend in 3 years’ time?” The Overseas Business must continue to… Have its headquarters and principal place of business outside the UK; the UK business can flourish and perhaps overshadow the parent company,...

Work Visa Success Stories
By Richmond Chambers

Our business immigration barristers assist national and international businesses to recruit and retain the skilled workers that they need in the UK. We have assisted company directors, self-employed persons and employees to acquire the immigration status that they...

 need to work in the UK. The following are just a few examples of the many successful outcomes that we have achieved for our clients: Our immigration barristers were instructed by a national pharmaceutical company to obtain an extension of stay for one...

What can I do (and not do) as a sole representative?
By Gillian McCall

The Sole Representative of an Overseas Business Visa is a category which is intended to be used by senior employees of companies which are based abroad and are seeking to establish a branch or subsidiary in the UK. As with all categories of the immigration rules,...

 there are some conditions on stay for Sole Representatives. Sole Representative Visa Conditions These conditions include: no recourse to public funds; registration with the police; no employment other than working for the business which the applicant...

Is your business eligible to establish a UK branch or subsidiary?
By Dr. Catherine Taroni

The sole representative of an overseas business visa is an excellent route for some companies to set-up a new presence in the UK, and offers an alternative to applying for a Tier 1 (Entrepreneur) visa in some circumstances. However, not all businesses are able...

 to set up a branch or subsidiary in the UK in reliance on the sole representative of an overseas business route. Place of business The employer must have its headquarters and principal place of business outside the UK. The business must be genuine and...

New immigration route for overseas researchers to come to the UK
By Paul Richmond

As part of its effort to encourage the ongoing growth of the research sector in the UK, the Home Office has introduced a new ‘UKRI Science, Research and Academia’ scheme for overseas researchers to come to the UK. The ‘UKRI Science, Research and Academia’...

 scheme opened on 6 July 2018 by way of an addition to the Tier 5 (Temporary Worker – Government Authorised Exchange) visa route.   The Tier 5 (Temporary Worker – Government Authorised Exchange) route is the principal visa route by which...

Choosing a sole representative of overseas business visa candidate
By Dr. Catherine Taroni

Choosing a sole representative of your overseas business is important.  The applicant must have the relevant skills, experience and status to represent your business in the UK on your behalf. Work for the company and decision-making power The sole representative...

 candidate must have been recruited outside the United Kingdom and must join the parent company abroad. The candidate is likely to be someone who has been employed by the parent company for some time and to hold a senior position there, although lengthy...

UK Ancestry visa: How can I settle in the UK?
By Richmond Chambers

The main requirements for indefinite leave to remain as UK Ancestry visa holder are set out in Paragraph 192 of the Immigration Rules. You will need to: continue to  meet all of the entry requirements as set out in Paragraph 186 (i)-(v); have spent a continuous...

 period of 5 years in the UK on the basis of UK ancestry; have passed tests to demonstrate your knowledge of English and Life in the UK (unless under 18 or over 65 at the date of application). Satisfying the employment requirement for ILR on the basis of...
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