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Employers Liability


Employers are responsible for the health and safety of their employees whilst they are at work and a claim can be brought against them if you have been injured at work and believe your employers are responsible.

Wednesday, 30 March, 2016

By Teni Shahiean of OTS Solicitors

As we move into the second quarter of 2016, most employers will soon start to feel the effects of the employment law changes coming into force throughout the year.  Alongside immigration, employment law has been a big focus for change under this Conservative Government. 

Wednesday, 23 March, 2016

In a recent amendment to the The Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016, immigration judicial review Application fees will be increased significantly. 

The increase will affect the following applications made in the course of a judicial review case:

Friday, 18 March, 2016
Changes to Tier 2 Visa in April 2016

Following our article on the Changes To Immigration Rules To Come Into Force On 6th April 2016, we have been asked by an individual on LinkedIn to shed some light on the new Tier 2 Immigration Rules that will come into force from April 2016 and the alternatives rout

Friday, 18 March, 2016

By Hans Sok Appadu of OTS Solicitors

Many local authorities are refusing to house asylum seekers in the UK, driving the system for housing migrants to the point of collapse, according to a special report on Radio Four’s Today programme on the 8th March 2016.

The crisis has become so bad that migrants are now being housed in hotels.

Thursday, 17 March, 2016
Immigration rules changes 2016

- By Oshin Shahiean of OTS Solicitors

A large number of developments derived from the Statement of Changes HC877 are due to come into force on the 6th April 2016.

Some of the main revisions include:

Wednesday, 16 March, 2016

Our client, Mr C, a national of Mauritius sought our assistance in applying for settlement in the UK for him and his three dependants under the points based system.

Wednesday, 16 March, 2016

- By Teni Shahiean of OTS Solicitors

Spouses and families who have been separated by the draconian minimum income requirements for a UK Spouse Visa imposed by the Conservative Government in 2012 face more heartache as draft EU rules threaten to close off the Surinder Singh route for desperate people wanting to live as a normal, married couple.

Monday, 14 March, 2016
Spouse Visa Application MM v SSHD

 - By Maryem Ahmed of OTS Solicitors

If you are the spouse or unmarried partner of someone who is ‘settled’ in the UK you can apply to join them under a Spouse Visa, Civil Partnership visa or Unmarried Partner visa.

Friday, 11 March, 2016

After talks lasting 12 hours on Monday evening, the EU and Turkey managed to hammer out a deal to try and stem the unending flow of migrants crossing the Aegean Sea to reach Greece and begin their new life in Europe.

Friday, 11 March, 2016

On 26th February 2016, the public services union UNISON was granted leave to appeal the Court of Appeal’s decision regarding a judicial review challenge to the Employment Tribunal Fees introduced in 2013.

Monday, 07 March, 2016
Teni Shahiean on BBC Two’s Victoria Derbyshire impact of a Brexit on immigration

Teni Shahiean, managing partner and immigration law specialist at OTS Solicitors, appeared on BBC Two’s Victoria Derbyshire this morning to discuss the impact of a Brexit on immigration.

Thursday, 03 March, 2016
Brexit EU Referendum for EU Nationals

- By Teni Shahiean of OTS Solicitors

David Cameron has finally set a date for the referendum which will decide whether or not Britain remains in the European Union (EU).  And although the in-out vote is not until 23rd June, the issue is dominating the British media.

Monday, 29 February, 2016

The Senior President of Tribunals’ Annual Report has just been published and it raises a number of substantial points which we will cover in-depth in an article next week.

In the meantime, here are some of the highlights contained in the report.

£700 million Funding to Reform courts and Tribunals

Monday, 29 February, 2016

- By Oshin Shahiean of OTS Solicitors

The Court of Appeal has recently addressed the complex meaning of ‘totally without merit’ in the case of Samia Wasif and another v Secretary of State for the Home Department [2016] EWCA Civ 82.  The principle was introduced in 2013 in an attempt to curb the rise in judicial review and oral renewals.  In theory, the procedural change makes sense; however, on close examination, it proves to be a complex situation.

Friday, 26 February, 2016

Seven Supreme Court judges have been hearing how the “absurd and irrational” Home Office minimum income threshold requirements are forcing UK citizens into exile and creating a generation of ‘Skype’ families. The Immigration Rules have created a discriminatory system where individuals who lack the education and income levels are being forced to live separately from their family.

Friday, 26 February, 2016

It is hard to believe that the second month of 2016 is almost over.  This means the raft of changes to the Immigration Rules due to come into force in April is rapidly approaching.  If you have not started preparing, don’t panic, there is still time, and this blog is designed to give you the practical lowdown on what the changes are and how they will affect you and/or your business.

Thursday, 25 February, 2016
Sponsorship Licence

If you are an employer who relies on skilled migrant workers to meet the demands of your growing business, having your Tier 2 sponsorship licence refused, downgraded, suspended or revoked could be damaging for business, to say the least. 

Wednesday, 24 February, 2016

In a decision that has outraged the country and launched a petition being widely circulated on social media, the British Government has ordered that a frail 92-year-old must pack her bags and return to her native South Africa on Tuesday.

Myrtle Cothill, who has heart problems, who is losing her eyesight and cannot walk unaided, is looked after by her only daughter, Mary Wills, in Poole, Dorset.

Friday, 19 February, 2016

Part 2 – False imprisonment and Delay

Immigration applicants who are the victim of false imprisonment and/or delay may be able to claim damages from the Home Office.  Following on from our previous blog discussing the general principles of claiming compensation, this article will cover how the courts deal with these specific offences.


False Imprisonment

Monday, 15 February, 2016

Part 1 – General Principles

Clients often ask us during judicial review proceedings or immigration appeal if it is worth pursuing a claim for compensation against the Home Office for financial losses which have occurred due to a Home Office mistake or failure.

 
This is an interesting question, and unfortunately not that can be easily answered.
 
Monday, 15 February, 2016

The Home Office has revoked the London School of Business and Finance licence to recruit non-EEA students, meaning the current intake studying at the institution will risk facing removal or be required to leave the UK by the end of next month.

Friday, 05 February, 2016

- By Oshin Shahiean of OTS Solicitors

A report by David Bolt, the Independent Chief Inspector of Borders and immigration, on the Home Office’s asylum casework operations and the quality of its decision-making was released this week. 

The inspection involved a review of the following:

Friday, 05 February, 2016
Uncle Sam Calling on Tier 1 Tech Talent

- By Teni Shahiean of OTS Solicitors

If you are a promising technology sector professional or entrepreneur, the thriving UK technology industry wants you to bring your talent to the UK.  Booming Britain is set to become the world’s fourth largest economy and the technology sector is predicted to grow a further 15 percent in 2016. 

Wednesday, 03 February, 2016

- By Oshin Shahiean of OTS Solicitors

If you are settled in the UK and wish to bring an elderly parent into the country so you can help take care of them, the difficulty of obtaining an Adult Dependent Relative (ADR) Visa for them is likely to leave you reeling in shock.

Thursday, 28 January, 2016
EU Flag

- By Oshin Shahiean of OTS Solicitors

A decision by two British judges last week clearly illustrated the farcical nature of the Dublin Regulations in the face of the biggest refugee crisis to hit Europe since the Second World War.

Wednesday, 27 January, 2016
Bisexual Jamaican Asylum Seeker Wins Right To Stay In The UK Flag

After a three and a half year battle with the Home Office, a bisexual asylum seeker from Jamaica has won the right to stay in the UK.

Tuesday, 26 January, 2016

Yesterday morning, David Cameron announced that Muslim women who failed to learn English could be refused leave to remain in the UK.

Tuesday, 19 January, 2016

With changes to take effect in April 2016, foreign-born teachers and other talented workers face removal if they fail to meet the minimum earning threshold of £35,000 per year set by the Home Office.

The Home Secretary, Teresa May, who championed the minimum earnings threshold has been urged to reconsider her position for fear of Britain being unable to retain its position as a leader in certain markets, due to chronic skill and experience shortages.

No Right to Settlement

Sunday, 17 January, 2016

One of the most important principles of English justice is that everyone, no matter how rich, how poor, irrespective of religion, race or creed, is entitled to a fair hearing in a court of law.

It has long been recognised as essential for the rule of law that people believe they will be fairly heard and judged in court. This principle was first documented in the Magna Carta which, in 1215, set out in the name of the king that, ‘to no one will we sell, to no one will we refuse or delay, right or justice’. 

Sunday, 17 January, 2016

The UK Government has announced that some UK immigration visa fees will increase in 2016/17.  Applicants who will be affected the most are those applying for family and Spouse Visas, and naturalisation.

Examples of the increases in fees include:

Friday, 15 January, 2016

By Oshin Shahiean of OTS Solicitors

In two weeks time, on 1st February 2016, all private landlords will have an obligation to check perspective tenants’ immigration status before they allow them to let their property.

Friday, 15 January, 2016
Your boss has the right to monitor your private messages, following a ruling from the European Court of human rights.
 
The Court made the decision following an appeal from a Romanian national, who brought a case against his employer after being fired from his position as an engineer.

Business Email, Personal Correspondence

Wednesday, 13 January, 2016

Mr C, an Angolan national, came to us after being detained by the Home Office.  He was separated from his wife, who was a European national, with whom he had two children.  Being held in detention was particularly distressing for him, as he was unable to see his family during this time.

How we Helped

Within two weeks of instructing us, Mr C was released from detention and reunited with his family. 

Tuesday, 12 January, 2016

Mr M was an EEA citizen from the Czech Republic.  In his home country, he had allegedly charged with various criminal offences.  M contacted us from the detention centre, where he was awaiting deportation. He had been refused bail, and the 14 day deadline in which to lodge an appeal against the decision to deport him had passed.

Tuesday, 12 January, 2016

BA, who is originally from Nigeria, came to us after two discretionary leave to remain applications had been declined without right of appeal and the Court refused to grant her leave for a judicial review as to why a right of appeal was refused.

Tuesday, 12 January, 2016

- By Teni Shahiean of OTS Solicitors

Sunday, 03 January, 2016

Following on from our recent post entitled, A Step by Step Guide for Employers Wanting to Obtain a Sponsorship Licence, this article contains a step by step guide as to how to actually recruit a worker or workers from outside the EEA.  Although you may have the right to is

Tuesday, 29 December, 2015

Mr T, who is an Irish citizen, and his fiancé, a Mexican national, came to us for assistance with making an entry clearance application.

The Applicant’s Circumstances

The applicant had been previously married and had two children.  He was now in a homosexual relationship with T.  Unfortunately, he had a record of immigration offences in America, having worked there illegally numerous times.

Tuesday, 29 December, 2015

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