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KNOWLEDGE
CENTRE

New Right to Work Check Guidance for Employers
By Geraldine Peterson - Immigration Barrister

As has been set out in a previous post, new provisions came into force on 6 April 2022, which will begin the phasing out of the use of Biometric Residence Cards and Permits (BRC/BRPs) and Frontier Worker Permit...

 (FWPs) to prove lawful immigration status in the UK when seeking employment.   New updating guidance was published on 22 April 2022 to reflect the 6 April changes; it states that the most significant...

UK Business Visas & Shareholder Requirements
By Richmond Chambers -

Our business visa clients often ask us whether they are allowed to hold shares in the company that they own and/or work for. In this post, we look at the various immigration rules on shareholding for those...

 who wish to come to the UK for business or work purposes. Share Ownership and the Sole Representative of an Overseas Business Visa The Sole Representative of an Overseas Business visa category is for businesses...

What is the UK Skilled Worker Salary Requirement?
By Richmond Chambers -

The UK Skilled worker visa is for those who have received an offer of a skilled job from a licensed sponsor in the UK. Among other eligibility requirements, you must meet the salary threshold requirement....

 The rules regarding the salary requirements are summarised below. What counts as a salary for a UK Skilled Worker application?  An Applicant’s salary is made up of the guaranteed gross basic pay. This is an...

Settlement as a Skilled Worker / Tier 2 Dependant
By Georgina Griggs - Immigration Barrister

This article explores the requirements for settlement applications as a Skilled Worker / Tier 2 (General) dependant. The relevant Immigration Rules are now found under Appendix Skilled Worker, as this route replaced...

 the Tier 2 (General) route at 9:00am on 1 December 2020. The definition of ‘Skilled Worker’ under Paragraph 6 of the Immigration Rules includes those granted leave as Tier 2 (General) migrants....

Procedural Fairness in Skilled Worker Applications
By Richmond Chambers -

In Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal provided further clarification on the boundaries of procedural fairness in cases relating to skilled worker applications.  Skilled...

 Workers Topadar concerned an application made under the Tier 2 (General) Migrant route. The Tier 2 General visa category is for individuals who have an offer of a skilled job in the UK from...

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...

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