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Sole Representative Visa - Top 25 FAQ's Answered
By Paul Richmond - Managing Partner

The Sole Representative of an Overseas Business visa is for businesses that would like to send a senior employee to the UK in order to establish a branch or wholly-owned subsidiary of the parent company. Indefinite...

 leave to remain (ILR) can be achieved after 5 years in the Representative of an Overseas Business visa category.  In this post we answer the top 25 most frequently asked questions about the Sole...

Frontier Worker Permit Scheme: New Guidance
By Richmond Chambers -

On 1 January 2021, the UK’s new points-based immigration system will come into effect.  The new immigration system will introduce some important changes that Frontier Workers need to be aware of and plan for,...

 including a new Frontier Worker Permit Scheme. Who is a Frontier Worker? If you are an EU, EEA, or Swiss Citizen, employed or self-employed in the UK, but not primarily resident in the UK, then you are a...

Last Chance to Switch to the Turkish Worker Route
By Geraldine Peterson - Immigration Barrister

At the end of the Brexit transitional period, at 11pm on 31 December 2020, new applications from Turkish citizens who have been present working in the UK in other employment categories will no longer be able...

 to switch into the Turkish Worker Visa route. After that date, the provisions set out in Appendix ECAA will preserve the rights of those present in the category before 31 December 2020.  Thereafter the UK will...

The Skilled Worker Route - What’s Changing?
By Paul Richmond - Managing Partner

The Skilled Worker Route will open to new applications on 1 December 2020, replacing the Tier 2 (General) route which will close on the same day. Whilst there are certain similarities between the new Skilled Worker...

 route and its predecessor, most notably that the route is for employers to recruit people to work in the UK in a specific job and the skilled worker must have a job offer in an eligible skilled occupation...

Do I have time to find a new Tier 2 Sponsor?
By Richmond Chambers -

On 23 October 2020 the Supreme Court in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 held that the Home Office had acted unfairly by not informing a Tier 2 General skilled worker...

 that their sponsor’s licence had been revoked.  What is a Tier 2 General skilled worker? The Tier 2 General visa category is for individuals who have an offer of a skilled job in the UK from a licensed Tier 2...

Resident Labour Market Test: All You Need To Know
By Richmond Chambers -

If you are a licensed sponsor, and you are intending to hire a prospective migrant to work in the UK, under the Tier 2 (General) visa category, you will be required to satisfy the Resident Labour Market Test (“RLMT”).  Resident...

 Labour Market Test (RLMT) The RLMT was designed by the Home Office to ensure that settled workers in the UK have the opportunity to apply for positions before said positions are offered...

MAC publishes Review of the Shortage Occupation List 2020
By Paul Richmond - Managing Partner

The Migration Advisory Committee (MAC) has published its Review of the Shortage Occupation List for the UK for 2020.  The report examines which occupations are in shortage and makes recommendations as to which...

 occupations should be included in the shortage occupation list. What is the shortage occupation list? The Shortage Occupation List is a list of skilled roles where employers find it difficult to secure...

Impact of Covid-19 on Tier 2 visas
By Georgina Griggs - Immigration Barrister

The breakout of the Coronavirus Pandemic has caused a major change to the way that many businesses operate. Many businesses have suffered losses in revenue which has resulted in employees facing redundancy or being...

 furloughed under the Government’s job retention scheme.  A recent blog explored how Home Office policies are responding to the virus. This post specifically explores the impact of Covid-19 on Tier 2...

Indefinite Leave to Remain for ECAA Turkish Workers or Business Persons
By Richmond Chambers -

Under Council Regulation (EEC) 2760/72 (often referred to as the “Ankara Agreement”) and its Protocol, there are special arrangements for employed and self-employed Turkish nationals in the EU, including in...

 the United Kingdom. The UK became bound by the Agreement and Protocol on 1 January 1973, with its accession to the EU. In my prior post, I discussed the effects of the withdrawal of the UK from the EU for...

Turkish Worker Visa Post-Brexit
By Richmond Chambers -

The Turkish Worker route is not immune to the legislation relating to the withdrawal of the UK from the EU. This post explores the current situation during the transitional period to 31 December 2020, and speculates...

 about the future of the Turkish Worker visa route after Brexit.  Current Turkish Worker Visa Route A Turkish worker visa application is made pursuant to the Association Agreement between the European...

Sole Representative Visa: Genuineness and Legal Certainty
By Richmond Chambers -

In my prior blog posts, we discussed the other amendments to the sole representative visa category.   Paragraph 144 of the Immigration Rules was simple. It placed great trust in the parent company. From the amendments...

 in response to the anxieties, we can see that re-orientation is from the parent company to the sole representative. The Home Office will consider the representative’s skills, knowledge, experience,...

Sole Representative Visa: Facilitating Entry or Stay
By Richmond Chambers -

My prior posts dealt with the new amendments to the sole representative visa category and the anxieties they revealed. Firstly, I considered the changes to ownership and control of the parent company....

 Secondly, I considered the new skills, experience and knowledge requirement. This post considers the third anxiety, the branch/subsidiary being established solely for the purpose of facilitating the entry and stay of...
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