Category: Updates & Publications

Lecture & Debate: Brexit & Future of the EU Nationals in the UK, 24 April 2017

EU Referendum Brexit

International Law and Human Rights Society of BPP University will host a lecture and debate on the immigration implications of Brexit for the EU nationals in the UK. The event is a free and open to the public, but registration is required.

Date and time:

Mon 24 April 2017 at 7.00 PM

Location:

BPP Waterloo Lecture Theatre (Ground floor), 137 Stamford St, London, SE1 9NN (MAP)

Agenda:

  1. Employment and Residence Rights of the EU nationals in the UK
  2. Permanent Residence applications
  3. Impact on non-EU spouses of the EU nationals
  4. Refusals and appeals
  5. New EEA Regulations
  6. Questions from audience and discussion

Speakers:

  • Julian Norman, Barrister, Immigration and Human Rights Expert (Drystone Chambers)
  • Ruslan Kosarenko, Partner, Immigration and Human Rights Advocate (Sterling and Law Associates LLP)

Registration:

To register for the event please submit your details via Eventbrite.

If you have enquiries please contact: contact@sterling-law.co.uk

Options for overseas companies that want to send a worker to the UK

London City Business Visitor

Representative of an overseas business

The options depend on whether a company has already started her business in the UK. In case when the company does not have a representative in the UK and wants to send a representative to start business in the UK, a worker should apply as a representative of an overseas business. The UK branch must run the same type of business, as the main overseas company.

This worker must be employed at the overseas company and have all operational powers regarding the UK branch, but he cannot be a majority shareholder of the main company. The representative must also meet the English language requirements to apply for the UK entry clearance.

Besides the language knowledge the worker should submit the documents proving the following facts for visa application:

  1. Employment

  2. Sufficient funds to maintain himself and any dependants

  3. Full information about the overseas company, its assets, accounts and share distribution for the previous year

  4. Information about the business to be started in the UK (e.g. business plan)

  5. Notarised statement from the company confirming intentions to start business in the UK and authorising the representative

  6. Notarised statement from the representative confirming his intention to represent the company in the UK and not to undertake any other business in the UK

The representative must remain to be employed by the overseas company. If he needs to be employed by the UK branch, he should apply for the sponsor’s licence under the Points Based System and change his immigration status to a sponsored worker.

Tier 2 Visa for Skilled Workers and Tier 5 Temporary Workers

If the company has already established business in the UK, they may sponsor the worker sent to the UK under a PBS sponsor’s licence. There are various types of sponsorship available, e.g. Tier 2 for skilled workers and Tier 5 for temporary workers. Tier 2 is the most commonly used type of sponsorship. The UK branch has to obtain a Tier 2 sponsor’s licence for skilled workers. To get it the company should be fully established and must submit the supporting documentation. Before applying for sponsor’s licence they should check that the worker’s role in the UK will be eligible for sponsorship and that he will be paid enough to meet the minimum required by the Home Office Codes of Practice.

Tier 1 (Entrepreneur) Visa

In case when a person has funds and wants to invest in the UK business, he should apply for Tier 1 (Entrepreneur) Visa, established for those, who want to start a new business in the UK or join an existing one, it is usually used for owner-run businesses. The entrepreneur would need to have £200,000 to invest in the UK business. He must also meet the maintenance requirements with funds held in a bank account in his name for a required period of time. There is also a “genuine entrepreneur” test to establish that intentions to start or join a business are genuine. This includes:

  1. Detailed business plan

  2. CV

  3. Proof of experience and skills to match the proposed business

The entrepreneur should also prove that he meets the English language requirement. Besides this, he should also meet various requirements during his stay in the UK under Tier 1 (Entrepreneur) visa. A person can enter under this visa to establish his business in the UK and then apply for a sponsor’s licence and switch to Tier 2 (General) after the licence has been approved and he has been sponsored.

Tier 1 (Investor) Visa

If a person has substantial funds to meet the financial requirements of the investor category and to invest in any business he may wish to undertake, this may be an option to apply for Tier 1 (Investor) visa. Investors are not restricted in the kind of business activity they can undertake in the UK, so this category can provide more flexibility in comparison to the entrepreneur category, although the overall investment commitment required is much higher.

Business Visit

The overseas company can also send a person to work as a business visitor in the UK for a short period of time. But this category does not allow to work in the UK and the business activities are limited.

Lecture: Implementation of Immigration Law and Human Rights in the UK – 14 March 2017

London Westminster Migrants

The Ukrainian Society of London School of Economics is delighted to invite to the public lecture by the UK leading immigration law experts.

When: Tuesday, 14 March 2017

Time: 6.00 PM

Admission: Free, but registration is required via this form

Speakers:

Implementation of Immigration Law and Human Rights in the UK

  • Update on the UK immigration policy and regulations
  • Human Trafficking
  • Humanitarian Protection and Asylum Practice
  • Private and Family Life Matters in Immigration Law

The presenters will also discuss the UK immigration rules applicable to the students and graduates willing to remain in the UK after graduation. The internship programmes and full-time employment opportunities with the law firms will be announced.

The lecture will be followed by a Q&A Session.

For more details please contact: enquiries@sterling-law.co.uk, Tel. 020 7822 8535

Appeal of Ukrainian family member of EEA national allowed on the grounds of Regulation 7

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Another appeal was successfully allowed this week by the decision of the First-tier Tribunal. Sterling and Law Associates LLP submitted an appeal against the decision to refuse admission to the United Kingdom as a family member of an EEA national on behalf of the Ukrainian citizen. The claim was based on the fact that appellant was completely financially dependant on his sponsor in the United Kingdom.

After considering the submitted evidence, proofs and arguments the Judge decided that appellant was actually unable to cover his living expenses himself due to weighty reasons.

As the Judge determined that the sponsor was the only source of income for everyday needs of the appellant, he has decided that the appellant met the requirements of the Regulation 7 of the EEA Regulations 2006. The appeal has been allowed.

Appeal allowed in a case on EEA residence card refusal on suspicion of marriage of convenience

sud

A new successful case came out recently after the decision by the First-tier Tribunal.

The case concerned a family couple of appellants from Romania and Albania. Sterling and Law Associates LLP appealed the decision of the Home Office who considered their marriage as a one of convenience and therefore refused the residence permit to both spouses and order their removal from the UK. The refusals were based on the fact that the first appellant failed to establish the exercising of the Treaty Rights and the second appellant requested the EEA residence card on the basis of the marriage with a person that was exercising the Treaty Rights.

After considering facts, evidence and representation the Judge found that there were no reasons to consider the marriage as one of convenience and that the first appellant had exercised the Treaty Rights.

Since the Judge has found that the marriage was not mercenary and the first appellant had the right to remain in the UK according to the Treaty Rights, it was decided that they meet the requirements of the Immigration Rules. The appeal was allowed.

Brexit Immigration Implications for the EU nationals residing in the UK

Ruslan Kosarenko

Interview with Ruslan Kosarenko, Senior Partner, Sterling & Law Associates LLP

What would be a good advice to the EU nationals working in the UK right now – examples could be contracts with their company, national immigration rules, housing, pensions etc?

The immigration aspect is the most crucial at this stage as Brexit will impact the freedom of movement within the EU. Therefore, the EU nationals and their family members should be taking steps as quickly as possible to protect their immigration position in the UK by obtaining the best official migration documents and status they can get. This is a matter of insurance against a worst-case scenario occurring in due course.

I would suggest to take the following steps without delay:

  • EU nationals and their family members who have been living in the UK for 5 and more years and do not have permanent residence cards should consider now whether to apply and should do so. Obtainment of the permanent residence cards will allow them to apply for naturalisation (UK citizenship). It should be noted that some categories qualify for permanent residence before completing 5 years (e.g., retired, permanently incapable or family member of these categories).
  • EU nationals who already received a permanent residence card for the UK should consider whether to apply to be naturalised as British citizens.  This needs to be balanced against any disadvantages of becoming a British citizen. These disadvantages can be the following: losing another citizenship (in case of dual citizenship restrictions), tax consequences and importantly, losing the benefit of EU free movement law for their non-EU country national family members (as they would under the current EU Regulations).
  • If you have been living in the UK for less than 5 years then you should apply for a registration certificate to prove that you have the right to live or work in the UK. This document does not have an expiry date and remains valid as long as the EU national remains in the UK exercising Treaty rights. Obtainment of the registration certificate is not mandatory, however, it can prove that you have the right to work in the UK or make it easier to claim benefits or services.
  • EEA nationals are urged to keep an accurate schedule of travels and absences from the UK, and maintain records of work or any other connection to the UK.

In a capacity of the immigration lawyer, unfortunately, I cannot comment on the housing and pension matters.

Were there any changes in the Immigration rules as a consequence of the EU Referendum?

It must be noted that the referendum was not a binding vote. The vote to leave the EU does not, by itself, affect the free movement rights of the EEA nationals in the UK.

There has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum.

As the number of the European applications increased significantly, the Home Office introduced online service from 1 October 2016 to facilitate the procession of the applications. Currently, this online service is available only for EEA nationals (not family members) and can be used for registration certificates – EEA (QP) applications and permanent residence cards – EEA (PR) applications.

For the applicants’ convenience, the European passport return service has also been introduced on 1 October 2016. This service is provided by local authorities (e.g., county council or city council) and is available by appointment only.  The advantage of this service is that the local council can photocopy your passport and forward a copy along with other application documents to the Home Office. Your passport will then be available for you to use while your application is being processed.

I also would like to mention a recent change in the case law. Extended family members (who are not direct family members) no longer have the right to appeal against a negative decision of the Home Office. This decision of the Upper Tribunal does not affect EEA nationals themselves nor family members, only “extended family members” (durable partners, dependent other relatives or members of household).

That is not a direct consequence of Brexit. However, I feel the spirit of Brexit may potentially influence the court practice in terms of interpretations of the existing rules, as well as further stricter application of the rules by the Home Office.

Many EU nationals still consider working in the UK – how should they prepare themselves?

To those who are planning to come to the UK, I would recommend to come and start exercising their EU Treaty rights as soon as possible. In order to qualify a person must be a worker, a job-seeker, self-employed person, self- sufficient person, student or family member of one of these categories.

It is crucial for the sub-sufficient persons and students to have a private medical comprehensive insurance.  The family members of self-sufficient persons and students will also need comprehensive sickness insurance to qualify for their own right of residence.

With the consequences of Brexit will it be more difficult to bring one’s spouse and children along if you are offered a job in the UK?

For the time being, there are no changes in the status of the EEA nationals and their family members who may freely work in the UK. In case the restrictions are set in future (such as visa requirements), it is likely that the family members (dependants) will be eligible to apply for a visa and join a person who is offered a job by the UK employer. The same regime currently applies to the non-EEA nationals working in the UK.