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LOCATION: Home » Work Visas » Page 9

KNOWLEDGE
CENTRE

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 that their sponsor’s licence had been revoked.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...

Sole Representative Visa: Skills, Experience and Knowledge
By Richmond Chambers -

As explained in my earlier posts, the amendments to the sole representative visa category revealed four anxieties that the Home Office had, regarding: Majority ownership and control of the parent company by the...

 representative and/or their partner; The representative’s skills, experience and knowledge (or lack thereof);  The branch/subsidiary being established solely for the purpose of facilitating the entry and...

Sole Representative Visa: Ownership and Control
By Richmond Chambers -

As explained in my earlier post, the  Secretary of State will significantly tighten the sole representative visa category from 4 June 2020.  I long expected these amendments. Compared to other routes under the...

 Rules the requirements for a representative of an overseas business were relatively simple. For at least the past year, the Home Office sought to remedy this through unlawfully reading in an additional...

Sole Representative Visa Route to Change from 4 June 2020
By Richmond Chambers -

In the Statement of Changes in Immigration Rules presented to Parliament in May 2020, released last week, the Secretary of State has made clear that she will significantly tighten the sole representative of an overseas...

 business visa category from 4 June 2020.  As I explain in my subsequent blog posts, although the requirements for a sole representative visa in the Rules are drafted relatively simply, the arguably...

Court of Appeal says Turkish Business Persons had no legitimate expectation of settlement
By Dr. Catherine Taroni - Immigration Barrister

The Court of Appeal decision in R (otao Alliance of Turkish Business People Limited) v Secretary of State for the Home Department [2020] EWCA Civ 553 was handed down this morning (28 April 2020).  The Court was...

 composed of Lord Justice Flaux, Lord Justice Newey and Lady Justice Rose.  The decision challenged was the 2019 decision of Mr Justice Dingemans, accessible here.  The case concerned indefinite leave to...
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