On 26th June 2017, British Prime Minister, Theresa May, unveiled the UK government’s proposal for securing the rights of the three million EU nationals who live in Britain following Brexit.
By Oshin Shahiean of OTS Solicitors
The tech sector in the UK has had plenty to be concerned about since Britain voted to leave the EU back in June 2016. For an industry which thrives and depends on being able to quickly recruit the most creative, well-educated talent from all over the globe to ensure they can quickly scale-up when opportunities present themselves, the UK’s now imminent departure from the EU presents a serious challenge.
The Supreme Court has ruled that the burden of proof of establishing a 'marriage of convenience' falls on the Home Office, in the case of Sadovska v SSHD (Scotland)  UKSC 54 (27 July 2017)
By Malbora Shehu of OTS Solicitors
What a confusing week it has been in Westminster. Prime Minister, Theresa May is on holiday in Northern Italy. And with the cat being away, the mice will play (or infight).
Following the initial changes made to the UK Immigration Rules on 9th July 2012, the entire UK Immigration system became increasingly stringent in granting both entry clearance to non-EEA nationals as well as granting leave to remain for those individuals already in the UK.
In breaking news, the Supreme Court has ruled the Employment Tribunal fees imposed by the government in 2013 are unlawful.
The government has stated moves are being made to scrap the fees immediately.
The challenge was brought by trade union organisation, Unison, who argued that the fees, which could reach up to £1,200, prevented many employees obtaining access to justice.
In February 2017, the Supreme Court ruled on the case of MM (Lebanon) & Others v the Secretary for the Home Department  UKSC 10.
This case, running for many years, challenged the Minimum Income Requirement, introduced in 2012 by then Home Secretary, and now British Prime Minister, Theresa May.
The Supreme Court upheld the Minimum Income Requirement, stating it was lawful “in principle”. However, the seven judges stated that:
By Oshin Shahiean, of OTS Solicitors
The European Union (Withdrawal) Bill, sometimes referred to as the Great Repeal Bill, was published earlier this week. This is an extraordinary document which affects almost every area of law in the UK and touches most aspects of our everyday lives.
Few HR directors and/or employers fully contemplate how complex, detailed and time-consuming UK Sponsor Licence compliance obligations and audit preparations are. One of the best ways to ensure time spent on Sponsor Licence compliance is minimised is to instruct an experienced Immigration solicitor to manage the
The Home Office has announced that migrants affected by the Grenfell Tower fire will be granted 12 months’ Immigration amnesty.
On 14th June 2017, the 24 story Grenfell Tower block of public housing flats in North Kensington caught fire. An inferno rapidly developed, gutting most of the building, killing at least 80 people and injuring more than 70. The final death toll is not expected until 2018.
The sun is shining and many people are off for their summer holidays. This tends to be a time of year where people relax in the warm weather and start making plans for September, when the business world kicks into high gear again.
For an employer who relies on talented migrants to grow their business, having their Sponsor Licence revoked or suspended can have catastrophic consequences. Such an event can damage not only the productivity and turnover of an organisation, its reputation can also be affected.
There are several ways in which a sponsor can lose its licence or have it limited. These are:
Under the current Immigration Rules, European nationals have the right of Permanent Residency if they have resided in the UK as a worker, self-employed person, student or self-sufficient person (i.e. a qualified person) for a continuous period of five years. However, with the current ongoing negotiations relating to Brexit, the status of European nationals is sadly no longer secure and as such European nationals will need to undertake the necessary steps in order to protect their legal status in the UK.
Earlier this week, the British Government unveiled its long-awaited proposals for securing the rights of EU nationals who currently live in the UK. Naturally, many EU nationals have questions surrounding the new policy, and immigration solicitors have been inundated with calls from those wanting the best advice as to the next steps to take.
Summer is here and UK Visas and Immigration have experienced their usual influx of applications for the UK Standard Visitor Visa. Families who have spent the long, dark winter months separated from each other and friends excited about a long-awaited visit have been busy planning for summer visitors from abroad.
With Brexit negotiations finally underway, the UK Government appears to finally be making plans to confirm the legal status of the 3 million EU nationals living in the UK.
For foreign businesses looking to launch in the UK market, the Representative of an Overseas Business Visa offers a vehicle to enable a non-EEA national to work in the country.
Expanding into a foreign country is risky for any business; having an experienced employee who understands the UK market and has contacts with suppliers and customers goes a long way to mitigating the associated risks.
By Kasia Janucik of OTS Solicitors
Whatever the economic climate, smart businesses are always looking to improve what they do and how they do it. Business analysts and management consultants provide expertise and knowledge that is not available in-house, allowing Boards to implement changes that will add value and increase profit.
Yesterday, the Supreme Court gave their ruling on R (on the application of Kiarie) v Secretary of State for the Home Department and R (on the application of Byndloss) v Secretary of State for the Home Department  UKSC 42. The learned judges unanimously allowed the appeal of Mr Kiarie and Mr Byndloss, quashing the certificates issued by the Home Secretary under section 94B of the Nationality, Immigration and
The UK has been hit hard with terrorist attacks over the last three months. First Westminster Bridge, the Manchester Arena and most recently London Bridge. All in all, 35 people have tragically lost their lives, and many hundreds have been injured.
Following the latest attack on London Bridge, Prime Minister Theresa May stated she would change Human Rights laws to defeat terrorists if her government is elected on 8th June.
Last week the UK held a general election, which despite considerable loss of seats and overall majority, means the Conservatives will remain in control of the government, for now at least. If the manifesto on which the Tories campaigned is to be carried through, those wishing to apply for a UK spouse visa need to be aware of the potential implications of an increase in the Minimum Income Threshold and NHS surcharge.
The country woke up to the shocking news this morning that, against the backdrop of Brexit, an increased terrorist threat, and falling economic fortunes, we now have a hung Parliament.
What does a hung parliament mean?
If you are planning a visit to the UK, whether for yourself or for someone in your family or a staff member you are willing to sponsor, brace yourself. The UK Home Office's latest available statistics show a spike in visit visa refusals in 2016.
While 2.2 million applications for these visas for short-term “general” or business visits were made, which is about the same as in 2015, only 1.9 million were granted in the year to September 2016. That is 300,000 refusals – 41,981 more than a year earlier.
Late last month, the European Court of Justice (ECJ) Advocate General, Yves Bot, stated residency rules for new nationals of member states who were previously nationals of another EU country should not in principle be stricter than the rules upholding the right of free movement of people in the bloc.
The UK election is less than a week away, and as expected, Immigration is a key issue in the main parties’ manifestos.
From 1st June 2017, it will cost £5.48 per email to email UK Visas and Immigration (UKVI) from outside the UK.
The move has left the best immigration lawyers and support groups in shock and furious.
The Home Office has recently outsourced its visa enquiries service to Sitel UK, a subsidiary of French-owned Acticall Sitel Group.
By Christopher McWatters, of Counsel