Business and Investing

Investors, Tier One ('Investor') Migrants and the need to invest

A new statement of changes in the Immigration rules, called HC607, implemented worldwide the whole of Tier One of the United Kingdom Border Agency’s “points based system”.

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Tier 1: professional bodies - not UKNARIC - to judge value of qualifications obtained overseas

Back in May of 2007 on this site we reported that the Border and Immigration Agency (the previous title of what is now the UK Borders Agency or the UKBA) was refusing applications by Iraqi, Nepalese, Sudanese and Filipino doctors (among others) for leave to enter or to remain in the UK under the Highly Skilled Migrant Programme. The United Kingdom National Academic Recognition Information Centre (UKNARIC) was appointed by the BIA to decide whether qualifications (including doctors’ undergraduate degrees in medicine) awarded by universities in the applicants' own countries were equivalent to the UK standard. It was assessing the doctors’ qualifications as not being “equivalent”.

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Employers and Sponsor Licensing - severe consequences of refusal / revocation

On 29 February 2008 the UK Border Agency opened the Register of Licensed Sponsors to employers wishing to issue Certificates of Sponsorship to migrants.

Certificates of Sponsorship will replace the current work permit system in its entirety when Tier 2 of the Points Based System goes live. The Agency currently anticipates that this will be in Autumn 2008. Employers who do not appear on the register will not be able to sponsor migrant workers.

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Points based system - special time limited arrangements for people already in the UK

In the most recent measure announced with respect to its Points Based System the UK Border Agency has announced that people currently in the United Kingdom in specific immigration categories which will be deleted as the Points Based System is implemented may complete their leave to remain under the existing terms of that leave. If they apply successfully to extend their leave in their existing categories they will be granted enough further leave to remain to entitle them to apply for settlement in the UK at the expiry of that further leave to remain.

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No return rule - those in UK now not affected if they go home before October

The government’s most recent statement of changes in the immigration rules – HC 321 – implemented the Tier one (general) sub category of the new Points Based System. As was reported here on 14 February 2008 – the statement includes new “general grounds for refusal” which – at rule 320 (7B) - have the effect of requiring entry clearance officers to refuse any application from someone who has overstayed any previous leave to remain or who has previously entered the UK illegally, or who has used deception in any previous application for entry clearance. All applications are to be refused for a period of one year, but if the applicant returned to his or her home country voluntarily but at the UK’s expense all future applications will be refused for a period of five years after the person’s departure from the UK. If he or she was removed or deported - all applications will be refused for a period of ten years after the removal or deportation. People who used deception will always have to wait ten years before any future application will be not automatically be refused. The statement of changes indicated that these penalties will be applied from April 1 2008 – giving anyone affected by them effectively no time at all to return home and to make an application for entry clearance under the rules as they are at the moment.

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Onus on employers to discourage illegal immigration

Employers will be moved to the front line of immigration law enforcement in an effort to stem the tide of illegal immigration to the UK. The Home Office will require that employers check the legal status of their current and potential staff or face stiff penalties involving on the spot fines of up to £10,000 plus unlimited fines and gaol terms for knowingly employing workers illegally.

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Judicial review of HSMP changes - permission granted

At about this time in 2006 Gherson reported the Home Office’s changes to the qualifying criteria (and to the relevant immigration rules) for leave to enter under the Highly Skilled Migrant Programme (HSMP). The changes increased the quota of points applicants needed to score in order to obtain leave to enter. Points which had been awarded under the previous tariff for work experience obtained in an applicant’s country of origin were no longer available.

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Highly skilled migrants - Tier 1: Government announces details

The Border and Immigration Agency (the “BIA”) has published its “statement of intent” regarding Tier 1 of its Points Based System. Tier 1 is due to be implemented in the first quarter of 2008.

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Corporate fraud - how do minority shareholders obtain redress?

Updated by Gherson on Friday 19 October 2007. All Articles | Featured Articles | Business and Investing

In a case of corporate fraud, where directors have diverted or misappropriated company assets, how are the minority shareholders to obtain redress if the same directors have majority control and can thus block a civil claim by their company?

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Worldwide freezing injunctions - the powers of the English courts

Updated by Gherson on Friday 19 October 2007. All Articles | Featured Articles | Business and Investing | Featured Cases

Worldwide freezing injunctions – the powers of the English courts

The Motorola and the Dadourian decision – key guidelines on the grant and enforcement of worldwide freezing orders

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