FAQ

Why has my account been closed?

Banks are progressively adopting a more risk-averse approach. This has led to us increasingly seeing circumstances where individuals have their bank account(s) frozen and then closed. This is done without explanation, and often with very short (or no) notice, and can cause much inconvenience to the individual concerned.

What is an Account Freezing Order?

An account freezing order is a mechanism in UK law that allows enforcement agencies to freeze funds where, on the balance of probabilities, there are reasonable grounds to suspect that they are the proceeds of crime or are intended for use in unlawful conduct.

The purpose of imposing such an order is to facilitate an investigation into the provenance of the funds and prevent them from being disposed of in the meantime. In some circumstances, law enforcement agencies can make the application without notice.

How concerned should I be about an Account Freezing Order?

The short answer is ‘very’.

There is a low threshold for law enforcement agencies to impose an account freezing order. There is no requirement of a prior criminal conviction, which involves a much higher standard of proof. In some cases, an order may be imposed in the absence of a criminal prosecution or even a criminal investigation. An account freezing order may be based purely on reasonable suspicion arising from an unusual account activity reported by a bank under its anti-money laundering procedures, even when the activity itself is completely lawful.

The imposition of an account freezing order can have far-reaching consequences. An order may be imposed for up to two years and can have devastating commercial implications, from both the financial and reputational perspectives, even where it is eventually established that there was no wrongdoing.

What is an Account Forfeiture Order?

After a law enforcement agency has completed its investigations, it may apply for some or all of the funds to be forfeited. This can be done either by issuing an account forfeiture notice, where it is believed that forfeiture is likely to be contested, or by applying for an account forfeiture order.

What happens next?

Such an application must be made on notice to the affected party and will be heard in the magistrates’ court. Before granting the order, the magistrates’ court must be satisfied that the funds are the proceeds of crime or are intended for use in unlawful conduct. Although a magistrates’ court trial resembles criminal proceedings, there is no prerequisite that a criminal conviction has been secured, and the standard of proof is the balance of probabilities.

At this stage, it is highly recommended to have legal representation. Should you have any questions or require assistance, please do not hesitate to contact us.

What is Money Laundering?

Money laundering is the process where criminals hide the origins of their illegally gained funds. According to the Law Commission, money laundering is estimated to cost every household in the UK £255 a year; and it allows criminals to profit from their crimes.

What is the Anti-Money Laundering Regime?

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019), impose a raft of duties on businesses to ensure that they are not embroiled in money laundering activities.

The current law has a system for reporting suspicious financial activity which provides enforcement agencies with the means to investigate and gather intelligence to protect honest businesses from inadvertently committing a crime.

Should I be concerned?

All businesses are required to comply with the obligations set out by the regime. Those who offer legal services, or services that make them a tax adviser, insolvency practitioner, trust provider, or company service provider can be more at risk of falling foul of these.

In the same vein, businesses should also be careful to avoid committing criminal offences under the Proceeds of Crime Act 2002.

How can I be compliant?

To comply with this regime, businesses must understand their obligations and ensure they have the relevant systems in place, including “Customer Due Diligence” and “Know Your Customer” checks. It is also recommended to provide regular training to your staff to ensure they stay abreast of the constantly changing rules and guidance.

Why is my BRP card delivery delayed?

There are often delays in the production and delivery of the BRPs. The Home Office advises that in the case of an in-country application, the BRP should be delivered to the applicant within 7-10 days of the grant of a visa. For those who applied for a UK entry clearance visa from outside of the UK, they should collect their BRP card from the nominated Post Office within 10 days of their arrival to the UK. If your BRP has failed to arrive, you must report this to the Home Office.

 

My new BRP card contains mistakes, what do I do?

When you receive your BRP card, make sure you check it carefully. If you find a mistake in any of the details listed on it, such as your name, gender or date of birth, you should report it to the Home Office within 10 days of receipt. Equally, you should report if your BRP has arrived damaged. The Home Office will email you to tell you what to do next. You will usually get a response within five working days. If the Home Office makes a mistake regarding the duration or conditions of your stay, provided your visa was granted in the UK, you will have to apply for an administrative review to have it rectified.

 

How do I report my BRP card as lost or stolen?

You must report it here Biometric residence permits (BRPs): If your BRP is lost or stolen - GOV.UK (www.gov.uk). It is important to double-check that your BRP is indeed missing prior to reporting it to the Home Office, as this process will invalidate your existing BRP.

 

Can I revalidate my BRP card that I reported as lost/stolen?

If your BRP is found or returned to you later, you will not be able to use it, as the Home Office cannot revalidate BRPs that have been reported as lost or stolen. Once reported, you must make an application to the Home Office for a replacement BRP.

 

I have lost my BRP card in the UK, what do I do?

You must report the loss to the Home Office and apply for a new BRP card within 3 months of reporting your BRP as lost. You should not travel outside of the UK without a valid BRP, as it is the only valid immigration document with which you may return to the UK. Therefore, you must wait until your new BRP is delivered to you prior to making any travel plans.

 

My BRP card was stolen in the UK, what do I do?

You must report the theft of your BRP card to the Home Office and the Police and apply for a new BRP card within 3 months of the BRP being stolen. You should not travel outside of the UK without a valid BRP, as it is the only valid immigration document with which you may return to the UK. Therefore, you must wait until your new BRP is delivered to you prior to making any travel plans.

 

I have lost my BRP card overseas, what do I do?

You must report the loss to the Home Office and apply for a BRP replacement vignette visa. In addition to completing the visa application form online, you will have to pay an application fee and, thereafter, attend your nearest visa application centre to provide your biometrics. After receiving your temporary entry vignette, you must travel to the UK within its validity period and, once back in the UK, apply for a replacement BRP.

 

My BRP card was stolen overseas, what do I do?

You must report the loss to the Home Office and apply for a BRP replacement vignette visa. In addition to completing the visa application form online, you will have to pay an application fee and, thereafter, attend your nearest visa application centre to provide your biometrics. After receiving your temporary entry vignette, you must travel to the UK within its validity period and, once back in the UK, apply for a replacement BRP.

 

My current BRP expires on 31 December 2024, what do I do?

All UK BRPs have an expiry date, and if your BRP has been issued recently, it may show the expiry date of up to 31 December 2024. If your visa validity goes beyond this date, there is no need to worry. The Home Office has introduced a fully digital immigration system, which means that all physical documents denoting an individual’s immigration status are being replaced by eVisas.

 

What is an eVisa?

The new eVisa will be an online record of your UK immigration status, detailing the type of permission you hold and the conditions of your leave. The new eVisa replaces Biometric Residence Permits, Biometric Residence Cards, Passport endorsements (wet ink stamps) and Visa vignette stickers.

 

How do I get an eVisa?

You need to create a UKVI account to access your eVisa before 1 January 2025 using your BRP card. You can access the link on the UK government website. This will enable you to share information about your immigration status and conditions, such as your right to work or rent in the UK. If your BRP is lost or stolen, you will be able to create the account using your travel document. However, you will still need a BRP card to travel and return to the UK.

How do I convert my BRP into an eVisa before 31 December 2024?

You need to create a UKVI account to access your eVisa before 1 January 2025 using your BRP card. You can access the link on the UK government website. This will enable you to share information about your immigration status and conditions, such as your right to work or rent in the UK. If your BRP is lost or stolen, you will be able to create the account using your travel document. However, you will still need a BRP card to travel and return back to the UK.

 

Why did I get “Your application has not been straightforward” message from the Home Office?

When UKVI use the term “not straightforward”, it may mean that your application requires additional scrutiny and consideration. This can be due to a variety of factors, including but not limited to: • the need to verify your supporting documents; • a request to attend an interview; or • your personal circumstances (for example, if you have a criminal conviction or a history of immigration violations). If your application is deemed not straightforward, this does not necessarily mean that it will be refused.

What is a UKVI account?

A UKVI account is an online platform provided by UK Visas and Immigration (UKVI) that allows you to access and manage your immigration status digitally. This account is essential for viewing and sharing your eVisa, updating personal details and proving your immigration status to employers, landlords or other authorities.

   

What is an eVisa?

An eVisa is a digital record of your immigration status in the UK. It replaces traditional physical documents, such as Biometric Residence Permits (BRPs) . Your eVisa is accessible through your UKVI account and can be shared with third parties using secure, time-limited share codes.

  

Why is the UK moving to eVisas?

The shift to eVisas is part of the UK government’s "digital by default" strategy to modernise the immigration system. Key benefits include: Enhanced security by reducing fraud and loss of documents; Faster and more efficient border control processes; Convenience for users who will be able to update and manage their details online.

  

Do I need to create a UKVI account if I already have a BRP?

Yes, if you have a visa or indefinite leave to remain that is not under the EU Settlement Scheme, even if you currently hold a BRP, you must create a UKVI account to access your eVisa. The current deadline for eVisa set up has been moved from 31 December 2024 to 31 March 2025.

  

How do I create a UKVI account?

Follow these simple steps to set up your UKVI account: Visit the UKVI account registration portal; Provide your personal details, including your passport information; Verify your identity using the provided instructions; Link your immigration status to your account using your BRP number, BRC details or Unique Application Number (UAN).

  

Can children have UKVI accounts?

Yes, all individuals who have visas or indefinite leave to remain that is not under the EU Settlement Scheme, including children, must have a UKVI account. Parents or guardians can create accounts for their children, using their contact details for communication.

  

What happens if I lose my BRP or BRC?

If you lose your BRP or BRC, you can still create a UKVI account using alternative documents, such as your biometric passport.

  

How do I share my eVisa with employers or landlords?

Use the "View and Prove" service on the UKVI website to generate a unique share code. This code allows employers, landlords or other authorities to verify your immigration status securely and instantly.

  

What happens to my immigration status if I do not create a UKVI account by 31 March 2025?

Your immigration status remains valid even if you do not create a UKVI account by this date. However, failing to transition to an eVisa could lead to difficulties in proving your status, especially for employment, housing or travel purposes.

  

Can I travel internationally with an eVisa?

Yes, your eVisa allows you to travel internationally. However, you will need to ensure that your passport details in your UKVI account are current.

  

What if I encounter issues accessing my eVisa?

If you face technical difficulties or errors accessing your eVisa, you can: Contact UKVI directly for support; Consult immigration experts, such as Gherson LLP, for assistance with account setup and error resolution; Use the update service if personal details are incorrect.

  

How does the eVisa system impact employers?

Employers must verify their employees’ right to work using the Home Office’s online service. Physical documents will no longer suffice. Employers are encouraged to: Request share codes from employees; Use the Home Office verification portal for checks; Stay updated with guidance from UKVI to understand the right-to-work compliance obligations.

  

Can I update my eVisa information if my personal details change?

Yes, you can update your eVisa information online through your UKVI account. Changes such as a new passport, updated address or legal name changes must be reported promptly to ensure the accuracy of your immigration record and to minimise issues when travelling. Certain updates will require you to submit your original identity document to the Home Office.

  

Is technical support available for the eVisa transition?

Yes, technical support is available through: The Home Office helpline account. for eVisa-related issues; Free resources, such as user guides and video tutorials provided by UKVI; Professional immigration services, such as Gherson LLP, offering personalised assistance.

   

What is the Skilled Worker Visa?

The Skilled Worker visa allows you to live and work in the UK if you have a job offer from a UK employer with a valid Skilled Worker sponsor licence. The job must meet specific skill and salary criteria.

 

Am I eligible for this visa?

To qualify, you need a confirmed job offer from a licensed UK employer. The role should be at least at RQF Level 3 and offer a salary of at least £38,700 or the “going rate” for the job—whichever is higher. Kindly note the minimum required salary varies with each occupation. The Skilled worker route also offers lower level of general thresholds depending on your circumstances and prior UK Immigration history.

 

Do I need to prove my English language skills?

Yes, you will need to show you can speak, read, write and understand English. This can be done by passing an approved test at the B1 level or higher, or having a degree taught in English.

 

What steps are involved in the application?

Job Offer: Secure a job from a UK employer; Certificate of Sponsorship (CoS): Your employer assigns the certificate which needs to include your job details; Visa Application: Apply online, submit your documents and pay the fees; Biometrics: Attend a visa centre to provide fingerprints and a photo (if required).

 

What documents do I need to prepare?

You will need your CoS reference number, proof of English proficiency, a valid passport and details of your job and salary. If required, show proof of personal savings to support yourself. Additional documents may be required depending on your circumstances and UK Immigration history.

 

How long will it take to get the visa?

It usually takes around 3 weeks if you are applying from outside the UK and 8 weeks if you are applying from inside the UK. You can purchase the priority service to expedite the processing time. However, processing times can vary, so it is best to apply as early as possible to avoid delays.

 

Can I bring my family with me?

Yes, your partner and children can join you as dependants if they are eligible. They will need to apply separately and show they can be financially supported while in the UK. Children must be under the age of 18 on the date of application.

 

What if I want to change jobs while on this visa?

You can change jobs, but your new employer must also have a sponsor licence, and the new job must meet the same skill and salary criteria under Skilled worker route. You will need to apply for a new visa if you switch jobs.

 

Can I get Indefinite Leave to Remain in the UK on this visa?

After continuously residing in the UK for 5 years as a Skilled Worker, you may be eligible to apply for indefinite leave to remain (ILR). ILR gives you the right to remain in the UK for an unlimited amount of time and grants the freedom to take up employment or study without restriction.

 

What should I do if my visa application is refused?

If your application is refused, you can appeal or request an administrative review. Understanding the reasons for refusal is crucial for addressing issues in a reapplication.

I am applying for my first British passport. Do I need a referee?

Although this process differs from a naturalisation application, you will need someone to confirm your identity. This person must be at least 18 years old, reside in the UK, hold a current UK passport and have known you for at least two years in a personal or professional capacity. After you submit your application, the Passport Office will email your referee to confirm your identity.

 

Will I need to give up my current nationality if I plan to naturalise as a British citizen?

The UK law does not require you to renounce your current nationality to become a British citizen. However, it is important to note that not all countries allow dual nationality. You are responsible for checking whether your country of origin permits dual citizenship.

 

I was offered a place at a UK university. When can I apply for a student visa?

You can apply for a student visa up to six months before the start date of your course, as specified in your Confirmation of Acceptance for Studies (CAS).

 

I need my visa application processed as quickly as possible. What are my options?

If available, you may opt for the Super Priority service for certain visa applications by paying an additional fee. This service aims to process your application within 24-48 hours. However, if the nature of your application is discretionary, processing may take longer.

 

How can I obtain a share code to prove my right to rent in the UK?

Ensure that your UKVI account is set up. If you still cannot access the share code after setting up your account, you should contact the Home Office for assistance via this link: https://www.gov.uk/contact-ukvi-inside-outside-uk.

 

I wish to bring my parent to the UK through the Adult Dependent Relative route. How should I proceed?

To successfully apply for an Adult Dependent Relative visa, you must prove that you can financially support your parent and cover their private healthcare costs in the UK for at least five years. Additionally, your parent must meet the high threshold for sponsorship, demonstrating that they have long-term care needs due to age, disability or illness, which cannot be met in their home country. Applications may be refused if your parent has other relatives in their home country or if adequate healthcare facilities are available there.

 

My naturalisation application has been pending for more than six months. What should I do?

Although the standard processing time for naturalisation applications is approximately six months, delays can occur. The Home Office continues to work on your application and aims to make a decision as soon as possible. If they need additional information or documentation, they will contact you directly. Should you wish to enquire about your application status, you can contact the Home Office through this link: https://www.gov.uk/contact-ukvi-inside-outside-uk.

 

I am visiting the UK for a job interview. If I get hired, can I switch from a Visit visa to a Skilled Worker visa?

No, you cannot switch from a UK Visit visa to a Skilled Worker visa while in the UK. You must leave the UK and, if the company is willing to sponsor you, apply for a Skilled Worker visa from your home country.

 

I received an email from the Home Office stating that my application is "not straightforward." What does this mean?

This email indicates that the Home Office needs more time to assess your documents, and that your application cannot be processed within the standard timeline. This delay may occur even if you paid for priority or super priority service. Rest assured, the Home Office is still working on your application and will make a decision as soon as possible.

 

I want to move to the UK for work. What are my options, and how straightforward is the process?

The most common route for working in the UK is through a Skilled Worker visa. Applications for this visa from outside the UK are typically processed within three weeks. The complexity of the process varies based on individual circumstances. To qualify, you must have a full-time job offer from a UK employer holding a valid Sponsor Licence and meet the necessary skill and salary criteria.

What is the Bribery Act 2010?

The Bribery Act 2010 is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery.

It imposes strict obligations on businesses at risk of bribery to implement preventative procedures. It also provides for harsh penalties to be handed out for non-compliance, including imprisonment of up to ten years, an unlimited fine, and an EU-wide ban on tendering for public work.

Should I be concerned?

The short answer is “yes”.

The jurisdiction covered by the Act is extremely wide. Any person, including any company, can be prosecuted for their acts or omissions that took place in the UK, or even if they have a “close connection” with the UK.

Whilst bribery and corruption allegations can be wholly centred within the UK, it is perhaps more likely that allegations will span multiple jurisdictions, depending on the geographic area where the business has been conducted. As a result, international investigative agencies are increasingly involved in proceedings.

Constantly evolving, the Act created Section 7, the offence of failure to prevent bribery, which imposes quasi-strict liability on businesses. It means that, if someone associated with a business – such as an employee or agent – commits a bribery offence, the business itself may be criminally liable even if it was unaware of the offending behaviour.

The territorial scope of the “failure to prevent” offence is especially wide – there is no restriction regarding the jurisdiction where the business is incorporated, nor the place of residence of the associated person, nor where the alleged bribery took place. Therefore, if a company carries on business in any part of the UK, it must be alert to the risk of prosecution under Section 7.

How can I be compliant?

To comply with this regime, businesses must understand their obligations and ensure they have the relevant systems in place to spot any potential incidents of bribery. We would also recommend regular training for your staff to ensure they stay abreast of the constantly changing rules and guidance.

Other legislative and regulatory frameworks also need to be considered, which may lead to specific potential issues, such as the FCA reporting requirements. You would therefore be well advised to have comprehensive compliance procedures in place.

What is a Confiscation Order?

A confiscation order is an order made against a convicted defendant requiring them to pay the amount of their benefit from crime. Unlike a forfeiture order, a confiscation order is not directed towards a particular asset, and it does not deprive the defendant or anyone else of title to any property.

The purpose of such an order is to prevent a convicted person from benefitting from their criminal behaviour. If it happens, this will occur at the sentencing stage – after the investigation is complete and the defendant has either pleaded guilty to or been convicted of a criminal offence.

When are Confiscation Orders issued?

 If you have been convicted of a crime, the prosecuting authorities may petition the Crown Court to issue a confiscation order, which requires you to pay a sum of money to HMCTS immediately or within a fixed period.

The Crown Court will determine how much a defendant has to repay and will also impose a period of imprisonment to be served if the defendant does not pay in accordance with the confiscation order. The length of the sentence is determined by reference to the amount of money.

The Crown Court must determine whether the defendant benefited from their criminal conduct and by how much. This is referred to as the “benefit figure”. When making this calculation, the court may take into account assets that do not relate to the offence for which the defendant was convicted, though this is subject to certain restrictions.

Should I be concerned?

Yes. After the court has decided on a “benefit figure”, it will then consider what the defendant can afford to pay. This is referred to as the “realisable asset figure” or simply the “available amount”.

Very often, defendants believe that these amounts are inaccurate and wholly unfair. Prosecutors may fail to account for depreciation in value and/or third-party interests in the assets. 

What options are available to me?

You may prepare a defence against a confiscation order, which will require a carefully devised strategy and thorough analysis of the evidence with regards to the benefit figure and available amount.

What is a Deferred Prosecution Agreement (DPA)?

A DPA is an agreement reached between a prosecutor and an organisation which could be prosecuted, under the supervision of a judge.

The agreement allows a prosecution to be suspended for a defined period of time provided the organisation meets certain specified conditions.

Can I use a Deferred Prosecution Agreement (DPA)?

The potential for a DPA will often follow circumstances where a company has conducted an internal investigation which uncovered potentially contentious issues.

If your business is suspected, or has uncovered evidence, of carrying out, or being party to, certain criminal offences you may be able to use a DPA.

A DPA can apply in relation to the likes of conspiracy to defraud, money-laundering, fraud, bribery, and the failure to prevent facilitation of foreign tax evasion offences.

Are there other options available to me?

Our team of experts will tailor any guidance to your individual needs.  We understand that whilst certain instances may require a DPA, there may be better options for other circumstances.

Extradition

Extradition is a complex area of law, and it may be difficult to secure the necessary local expertise depending on where you have been arrested. Our expert team is always on hand to assist, no matter which jurisdiction you are in.

What is Extradition?

Extradition is the formal legal process, by which one country asks another country for the return of an individual to face a criminal trial in the requesting state.

Extradition can also be requested for an individual who is wanted abroad following conviction in the requesting state.

Should I be concerned?

Yes. Being the target of an extradition request is a very stressful and harrowing experience for both the subject and their family, and it may cause reputational damage that will severely impact an individual’s livelihood.

Are there any pre-emptive steps I can take?

Yes. Even if you merely suspect that an extradition request may be on its way, it pays to be prepared. Taking pre-emptive action may also help avoid an unexpected arrest and put in place procedures to maximise your chances of bail.

What is Bail in extradition cases?

Bail in extradition cases is covered by the Bail Act 1976.

Where the requested person is wanted to face an accusation, the starting point is that there is a ‘presumption in favour’ of bail.

In conviction cases, where the requested person has been convicted of the offences which are the subject of the request, there is no presumption in favour of bail.

In deciding to grant bail in extradition cases, the court may consider whether to impose stringent bail conditions. These typically include, but are not confined to:

• Provision of a security / surety;
• Surrender / retention of travel documents;
• Prohibition against applying for travel documents;
• Geographical restriction from being near travel ports or airports;
• Regular reporting to the police station.

What happens if I breach Bail?

Although in the UK extradition proceedings are considered exclusively by Westminster Magistrates’ Court, where a person is brought to another court for a breach of bail, there is jurisdiction to deal with the breach in the usual way.

Can I appeal a Bail refusal?

Persons refused bail at the Magistrates’ Court may apply for bail to the High Court, but this can only be done after the Magistrates’ Court has refused bail twice. It is also possible to appeal against the granting of bail in extradition cases.

If you, or someone you know, have been, or are likely to be, arrested, contact our team, and we will put together a bail package to secure the best chance of release.

What are Financial Sanctions?

Financial sanctions are Orders imposed by governments prohibiting a firm from carrying out transactions with a person or organisation (known as the target). In some cases, the order will prohibit a firm from providing any financial services to the target.

These measures vary from prohibiting the transfer of any funds to a sanctioned country and freezing the assets of the government, corporate entities and residents of the target country, to targeted asset freezes on individuals or entities.

Who is affected by Financial Sanctions?

Financial sanctions may apply to governments, businesses, entities, and individuals, who may be resident in the UK or abroad.

What is Fraud and Financial Crime?

Fraud is a type of financial crime. Financial crime is any crime that is economically motivated, the prevalence of which is a substantial threat to the development of economies and their stability.

Financial crime can be divided into two essentially different, though closely related, types of conduct.

Firstly, there are those activities that dishonestly generate wealth for those engaged in the conduct in question. For example, the exploitation of insider information or the acquisition of another person’s property by deceit will invariably be done with the intention of securing a material benefit. Alternatively, a person may engage in deceit to secure material benefit for another.

Secondly, there are those that do not involve the dishonest taking of a benefit, but that protect a benefit that has already been obtained or facilitate the taking of such benefit. An example of such conduct is where someone attempts to launder criminal proceeds of another offence in order to place the proceeds beyond the reach of the law.

What is INTERPOL?

The International Criminal Police Organisation (INTERPOL) is an international organisation that facilitates worldwide police cooperation and crime control. The largest such organisation in the world with over 190 member states, it is not a police force in itself and does not physically arrest people.

INTERPOL is a system for sharing information and resources between the police forces of member states. Notices are published on their system and circulated throughout the member states.

What is a Red Notice?

A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.

It contains two main types of information:

• Information to identify the wanted person, such as their name, date of birth, nationality, hair and eye colour, photographs and fingerprints, if available.
• Information related to the crime they are wanted for, which can typically be murder, rape, child abuse or armed robbery.

Red Notices are published by INTERPOL at the request of a member country and must comply with INTERPOL’s Constitution and Rules. A Red Notice is not an international arrest warrant.

Who is affected by INTERPOL Red Notices?

Individuals at risk of extradition are most frequently affected by INTERPOL Red Notices. A Red Notice severely restricts an affected person’s ability to travel and do business.

What is an INTERPOL Diffusion?

Interpol diffusions are more informal than a notice, but still carry the risk of triggering an arrest. Member states are able to circulate diffusions throughout the system without recourse to a formal Red Notice.

Should I be concerned?

Yes. Being the target of a Red Notice or extradition request is a very stressful and harrowing experience for both the subject and their family.

Red Notices often appear on background checks conducted by banks and businesses. A person subject to an INTERPOL Red Notice is likely to be stopped, searched and is liable to be arrested and face extradition.  The Gherson LLP team is also able to advise those who fear that they may be subject to INTERPOL Red Notices on associated reputational issues, such as bank account closure.

What powers does the Government have to investigate?

The Chancellor recently announced a £100m fund for a Taxpayer Protection Taskforce (TPT) to combat and recoup monies that were claimed fraudulently from the various schemes open to businesses to keep them afloat during the extenuating circumstances brought on by the pandemic.

The TPT will be staffed by over 1,000 HMRC officers, who will look into suspected wrongful claims and investigate allegations of fraud.

Who will be targeted?

There will be a focus on fraud schemes said to be operated by organised crime groups, targeting a systematic assault on public funds.

However, we will also likely see an increase in investigations carried out into suspected wrongdoing, relating to claims made under the various schemes by innocent individuals and small businesses.

How will I know that I am under investigation?

Individuals and businesses being investigated are likely to receive a letter from HMRC as a first port of call.

However, it also feasible that they could receive a more direct ‘knock on the door’ from officers looking to gather evidence.

Should I be concerned of an investigation?

In short: yes. Even though there has been much criticism of the regulation and guidance of the government schemes for eligible claims, any criminal investigation into finances can have long-serving consequences.

In many cases, HMRC will simply be investigating whether monies were unintentionally over-claimed, or, where provable, whether there are mitigating circumstances giving rise to the funds being claimed.

In the worst-case scenario, a company may find itself the subject of a dawn raid, which is much more serious.

As an alternative to a criminal investigation, HMRC may consider, where relevant, issuing a notice under their civil procedures, known as a COP9.

What do HMRC investigate?

As guardians of the public purse, HMRC will investigate and prosecute many cases involving allegations of fraud or wrongdoing. From VAT reclaims to allegations of cheating the revenue, HMRC have a wide ambit when looking into allegations of revenue irregularities.

What is COP9?

Code of Practice 9 investigation procedure (“COP9”) is a procedure that HMRC can choose to adopt when carrying out either a criminal investigation or a civil procedure against those suspected of tax fraud.

COP9 allows for a one-time offer from HMRC, which is known as the Contractual Disclosure Facility (“CDF”), and provides the recipient with immunity from criminal investigation and/or prosecution.

In return for immunity, the subject must admit to acting dishonestly in deliberately failing to declare income, gains, or duties.  In addition, they must also agree to fully disclose all omissions and irregularities which may have arisen over the previous 20 years.

How are interviews conducted?

Most interviews by the authorities are conducted under caution via the provisions of the Police and Criminal Evidence Act 1984 (PACE).

However, interviews may also be conducted under other compulsory powers in place and available to various prosecuting and regulatory agencies. And, in certain circumstances, interviews may be conducted with the assistance of an overseas prosecuting agency.

Furthermore, there are occasions where a subject will be invited to attend a voluntary interview.

Do I need to conduct an internal investigation?

There are occasions where companies become aware of potentially contentious issues, whether through the actions of employees, or from information elsewhere that may need to be addressed before they develop into a formal investigation by the authorities.

Where issues arise or are suspected – information is key. Having the ability to understand and review where weaknesses could develop is crucial in forming a strategy to resolve problems and help strengthen compliance procedures as the company moves forward.

If you are made aware of any potentially damaging issues within your business, you should take steps to conduct an internal investigation before relevant enforcement agencies catch wind.

How do I conduct an internal investigation?

The day-to-day running of your company will be of paramount importance.

To ensure the smooth running of your business is upheld, a credible third-party will be able to conduct a discreet and focused investigation.  This will ensure that the company is able to continue conducting business normally, and any reputational concerns can be minimised.

In allocating you a personalised team of experts to conduct your investigation, we will provide a detailed report of the findings, together with recommendations for potential actions to be taken.  This will guarantee that all matters have been addressed and the company can look towards putting any problems behind it and moving forward with confidence.

What happens if something is uncovered?

Unfortunately, there are circumstances when an investigation will uncover dubious activity.

When this occurs, the company may be required to report discrepancies found to the authorities. Alternatively, they may wish to self-report an issue before the authorities conduct their own enquiries.

In certain circumstances, a Deferred Prosecution Agreement may be a consideration.

Whatever the scenario, your bespoke team will be able to advise and guide you on the most appropriate steps for you to take.

What is Mutual Legal Assistance? 

Mutual legal assistance (MLA) is a method of cooperation between states for obtaining assistance in the investigation or prosecution of criminal offences.

The treaty, by which it is governed, is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws.

The international nature of many criminal investigations has seen a rise in these kinds of requests, and they are now a common feature in many multi-jurisdictional criminal and regulatory investigations.

Indeed, a request for MLA could come prior to a country issuing a formal extradition request and, as such, it is therefore advised to be well prepared and represented by expert lawyers.

What is the Proceeds of Crime Act 2002 (POCA)?

The Proceeds of Crime Act 2002 (“POCA”) gives public bodies, including the police, HMRC and the UK Border Agency the power to freeze the assets of a person they reasonably suspect of criminal activity. It also provides for confiscation of those assets where they are found to be the proceeds of a criminal offence.

What offences come under POCA?

A number of criminal offences are encompassed under POCA. These offences fall into three primary categories: concealing, arranging and acquiring.

Concealing is where someone knows or suspects that money laundering has taken place, but attempts to cover up its existence, for example, by disguising, transferring, converting or removing the proceeds.

Arranging involves people who launder money on behalf of others, often by moving the “dirty” money around with “clean” money in an attempt to hide the illegal source of the funds. See Money Laundering.

The final category may encompass anyone who benefits from money laundering by acquiring, possessing or using criminal property.

For the purposes of POCA, “criminal conduct” is conduct which constitutes an offence in any part of the UK or would constitute an offence in any part of the UK if it occurred there.

What is considered ‘Property’ under POCA?

Under POCA, property can include money, stocks and shares, jewellery, art, cars and even homes.

These things will be regarded as “criminal property” if they constitute a person’s benefit from criminal conduct, or if they represent such a benefit, and the alleged offender knew or suspected that it constituted or represented such a benefit.

Under this definition, there is no distinction between the proceeds of the defendant’s own alleged crimes and the crimes allegedly committed by others.

Should I be concerned?

In short: Yes. As well as having your assets seized or confiscated, a conviction under POCA can result in up to 14 years’ imprisonment.

Where it is alleged that money or other assets fall to be considered as criminal property, a person can find themselves accused even though they did not have specific knowledge that they were dealing with criminal property, but merely suspected that it was criminal in nature.

In some cases, the authorities do not have to specify what the original offence was that caused the property to be deemed criminal proceeds in the first place.

These factors can make it very difficult to defend against allegations under POCA, and seeking legal advice is highly recommended.

What is a Private Prosecution?

A private prosecution is a prosecution started by a private individual or entity not acting on behalf of the police or other prosecuting authority.

With demands on public funding having been stretched prior to the pandemic, there are increasing instances of investigative authorities simply not having the resources to investigate and prosecute.

This is especially concerning in relation to allegations of fraud, as investigations can often be lengthy and particularly detailed.

Many find that despite a strong evidential case, authorities decline to act.  In these circumstances, an individual or entity may look to engage in a private prosecution to seek redress.

How do Private Prosecutions work?

As with any prosecution which is brought before the courts, a careful analysis of the evidence will need to take place, along with the application of the Full Code Evidential test and the Public Interest test. Assuming these are satisfied, an application can be made to the Magistrates’ Court for a summons to be issued, which will contain details of the charges being alleged.

Many cases involving private prosecutions will find themselves in the Crown Court due to the nature and seriousness of the allegations to be tried. Where allegations of financial loss are made, consideration may be given to applying for a restraint order in order to preserve assets of the accused which may be at risk of dissipation.

Where the prosecution case ends with a conviction, potential sanctions will include a custodial sentence, where relevant, and the Court may be asked to consider whether a confiscation and/or a compensation order should be made.

Can I recover my costs?

Whilst a private prosecution will need to be funded by the person or entity bringing the action, there is provision for recovering the costs, whether or not a conviction is secured, under s17 of the Prosecution of Offences Act 1985.

Further, the decision in the recent costs case of Fuseon Ltd v Senior Courts Costs Office and The Lord Chancellor [2020] EWHC 126 (Admin) clarified the position with regards to the recovery of costs and the considerations the private prosecutor should weigh up in bringing an action.

 

What is a Restraint Order?

A Restraint Order is an order under the Proceeds of Crime Act 2002 (POCA) ,which has the effect of freezing the assets and bank accounts.

If you are suspected of criminal activity, the authorities can apply to have your assets frozen under a restraint order, which is a tool used by prosecuting bodies to freeze the assets. Prosecuting bodies may want to freeze your assets to preserve them for a potential confiscation hearing in the future, in which they will seek to take the assets away from you.

Once a restraint order is imposed, it applies not only to an individual’s current assets, but also to any asset that is received after the order comes into effect.

When are Restraint Orders issued?

If you are suspected of being in possession of assets which are the proceeds of crime, a prosecuting agency has a low threshold by which to issue an order against you.

These orders can be issued before any arrest takes place if the prosecutor has proven, on the balance of probabilities, that a criminal investigation has commenced against you in England or Wales, and that there is reasonable cause to believe that you have benefited from criminal conduct.

Restraint orders are usually made ex parte, which means that you may not be aware that an application has been made to the Court.

Should I be concerned?

Yes. If you are subject to a restraint order, you will not be able to sell, transfer or otherwise dispose of the assets subject to the order until it is lifted.

In recent years, restraint orders have been imposed in respect of money, stocks and shares, jewellery, art, cars and even homes.

The authorities also have the power to freeze your assets in foreign jurisdictions. Your bank account will probably be frozen, and this can obviously make life extremely difficult, not only for you, but also for anyone else who shares ownership of the affected assets.

What options are available to me?

Despite the low threshold, restraint orders are open to challenge.

For example, you can apply to have the order set aside or varied if the prosecutor misled the Court when obtaining the order, or if there have been significant delays.

Am I at risk of receiving an Unexplained Wealth Order?

You may want to consider the following hypothetical scenarios:

• A client’s child studies in the UK. The child doesn’t work but drives a Ferrari. Could they provide evidence of the source of funds for that car? How do they fund their lifestyle in the UK?
• A house is purchased and held as part of a family trust structure and the beneficiary is a client’s spouse or child. If their spouse or child were served with an order, could they identify the source of funds used to purchase the property? Would they be able to provide documents? Would they be comfortable about disclosing the entire trust structure?
• A client receives a modest official salary. In actual fact, they also have several other legitimate sources of income, which generate significant wealth. To what extent would they want to disclose all their financial affairs if required to do so? If they had to do so by next week, would they be able to?

How are Unexplained Wealth Orders obtained?

UWOs are obtained in secret and without notice. The order will require an individual to respond to a detailed list of questions and to provide whatever documents are requested of them. The timescale for preparing this response is incredibly short.

The High Court may grant an UWO if the following conditions are satisfied:

• The respondent “holds” the property (“holds” broadly means exercising, being able to exercise or being entitled to acquire direct or indirect control over the property);
• The property is worth more than £50,000;
• There are reasonable grounds for suspecting that the known sources of the respondent’s lawfully obtained income would have been insufficient for the purposes of enabling the respondent to obtain the property; and
• Any one of the following is relevant:
• The respondent is a politically exposed person (“PEP”) or connected to a PEP; or
• There are reasonable grounds to suspect that the respondent is, or has been, involved in serious crime (whether in a part of the UK or elsewhere); or
• A person connected with the respondent is, or has been, involved in serious crime.

Upon receiving a notice, what are my obligations?

Failure to comply with the order will lead to a legal presumption that the property is the ‘proceeds of crime’. The authorities will then seek to confiscate that property. Providing false or misleading information constitutes a criminal offence punishable by imprisonment.

Just a few years ago it would have been utterly unthinkable to have a situation where – with no proof of criminal activity – an individual could be compelled to provide the authorities with detailed information as to their finances. This, however, is now the reality.

The timescales involved in responding to an order are incredibly short and the requests for information and documents will be extensive. For families with complex financial arrangements simply assembling the documents in time can be challenging, if not impossible.

Can I do anything to mitigate receiving an order?

Yes, there is a lot that can be done to prepare in advance.

Families may want to consider a precautionary review of their assets and documentation to assess the level of risk they may face, and to consider the potential work that could be done to improve their position.

Similarly, those who are contemplating acquiring assets in the UK may want to consider taking advice in advance with regards to any purchase.

Why has my account been closed?

Banks are progressively adopting a more risk-averse approach. This has led to us increasingly seeing circumstances where individuals have their bank account(s) frozen and then closed. This is done without explanation, and often with very short (or no) notice, and can cause much inconvenience to the individual concerned.

What is an Account Freezing Order?

An account freezing order is a mechanism in UK law that allows enforcement agencies to freeze funds where, on the balance of probabilities, there are reasonable grounds to suspect that they are the proceeds of crime or are intended for use in unlawful conduct.

The purpose of imposing such an order is to facilitate an investigation into the provenance of the funds and prevent them from being disposed of in the meantime. In some circumstances, law enforcement agencies can make the application without notice.

How concerned should I be about an Account Freezing Order?

The short answer is ‘very’.

There is a low threshold for law enforcement agencies to impose an account freezing order. There is no requirement of a prior criminal conviction, which involves a much higher standard of proof. In some cases, an order may be imposed in the absence of a criminal prosecution or even a criminal investigation. An account freezing order may be based purely on reasonable suspicion arising from an unusual account activity reported by a bank under its anti-money laundering procedures, even when the activity itself is completely lawful.

The imposition of an account freezing order can have far-reaching consequences. An order may be imposed for up to two years and can have devastating commercial implications, from both the financial and reputational perspectives, even where it is eventually established that there was no wrongdoing.

What is an Account Forfeiture Order?

After a law enforcement agency has completed its investigations, it may apply for some or all of the funds to be forfeited. This can be done either by issuing an account forfeiture notice, where it is believed that forfeiture is likely to be contested, or by applying for an account forfeiture order.

What happens next?

Such an application must be made on notice to the affected party and will be heard in the magistrates’ court. Before granting the order, the magistrates’ court must be satisfied that the funds are the proceeds of crime or are intended for use in unlawful conduct. Although a magistrates’ court trial resembles criminal proceedings, there is no prerequisite that a criminal conviction has been secured, and the standard of proof is the balance of probabilities.

At this stage, it is highly recommended to have legal representation. Should you have any questions or require assistance, please do not hesitate to contact us.

What is Money Laundering?

Money laundering is the process where criminals hide the origins of their illegally gained funds. According to the Law Commission, money laundering is estimated to cost every household in the UK £255 a year; and it allows criminals to profit from their crimes.

What is the Anti-Money Laundering Regime?

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019), impose a raft of duties on businesses to ensure that they are not embroiled in money laundering activities.

The current law has a system for reporting suspicious financial activity which provides enforcement agencies with the means to investigate and gather intelligence to protect honest businesses from inadvertently committing a crime.

Should I be concerned?

All businesses are required to comply with the obligations set out by the regime. Those who offer legal services, or services that make them a tax adviser, insolvency practitioner, trust provider, or company service provider can be more at risk of falling foul of these.

In the same vein, businesses should also be careful to avoid committing criminal offences under the Proceeds of Crime Act 2002.

How can I be compliant?

To comply with this regime, businesses must understand their obligations and ensure they have the relevant systems in place, including “Customer Due Diligence” and “Know Your Customer” checks. It is also recommended to provide regular training to your staff to ensure they stay abreast of the constantly changing rules and guidance.

What is the Bribery Act 2010?

The Bribery Act 2010 is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery.

It imposes strict obligations on businesses at risk of bribery to implement preventative procedures. It also provides for harsh penalties to be handed out for non-compliance, including imprisonment of up to ten years, an unlimited fine, and an EU-wide ban on tendering for public work.

Should I be concerned?

The short answer is “yes”.

The jurisdiction covered by the Act is extremely wide. Any person, including any company, can be prosecuted for their acts or omissions that took place in the UK, or even if they have a “close connection” with the UK.

Whilst bribery and corruption allegations can be wholly centred within the UK, it is perhaps more likely that allegations will span multiple jurisdictions, depending on the geographic area where the business has been conducted. As a result, international investigative agencies are increasingly involved in proceedings.

Constantly evolving, the Act created Section 7, the offence of failure to prevent bribery, which imposes quasi-strict liability on businesses. It means that, if someone associated with a business – such as an employee or agent – commits a bribery offence, the business itself may be criminally liable even if it was unaware of the offending behaviour.

The territorial scope of the “failure to prevent” offence is especially wide – there is no restriction regarding the jurisdiction where the business is incorporated, nor the place of residence of the associated person, nor where the alleged bribery took place. Therefore, if a company carries on business in any part of the UK, it must be alert to the risk of prosecution under Section 7.

How can I be compliant?

To comply with this regime, businesses must understand their obligations and ensure they have the relevant systems in place to spot any potential incidents of bribery. We would also recommend regular training for your staff to ensure they stay abreast of the constantly changing rules and guidance.

Other legislative and regulatory frameworks also need to be considered, which may lead to specific potential issues, such as the FCA reporting requirements. You would therefore be well advised to have comprehensive compliance procedures in place.

What is a Confiscation Order?

A confiscation order is an order made against a convicted defendant requiring them to pay the amount of their benefit from crime. Unlike a forfeiture order, a confiscation order is not directed towards a particular asset, and it does not deprive the defendant or anyone else of title to any property.

The purpose of such an order is to prevent a convicted person from benefitting from their criminal behaviour. If it happens, this will occur at the sentencing stage – after the investigation is complete and the defendant has either pleaded guilty to or been convicted of a criminal offence.

When are Confiscation Orders issued?

 If you have been convicted of a crime, the prosecuting authorities may petition the Crown Court to issue a confiscation order, which requires you to pay a sum of money to HMCTS immediately or within a fixed period.

The Crown Court will determine how much a defendant has to repay and will also impose a period of imprisonment to be served if the defendant does not pay in accordance with the confiscation order. The length of the sentence is determined by reference to the amount of money.

The Crown Court must determine whether the defendant benefited from their criminal conduct and by how much. This is referred to as the “benefit figure”. When making this calculation, the court may take into account assets that do not relate to the offence for which the defendant was convicted, though this is subject to certain restrictions.

Should I be concerned?

Yes. After the court has decided on a “benefit figure”, it will then consider what the defendant can afford to pay. This is referred to as the “realisable asset figure” or simply the “available amount”.

Very often, defendants believe that these amounts are inaccurate and wholly unfair. Prosecutors may fail to account for depreciation in value and/or third-party interests in the assets. 

What options are available to me?

You may prepare a defence against a confiscation order, which will require a carefully devised strategy and thorough analysis of the evidence with regards to the benefit figure and available amount.

What is a Deferred Prosecution Agreement (DPA)?

A DPA is an agreement reached between a prosecutor and an organisation which could be prosecuted, under the supervision of a judge.

The agreement allows a prosecution to be suspended for a defined period of time provided the organisation meets certain specified conditions.

Can I use a Deferred Prosecution Agreement (DPA)?

The potential for a DPA will often follow circumstances where a company has conducted an internal investigation which uncovered potentially contentious issues.

If your business is suspected, or has uncovered evidence, of carrying out, or being party to, certain criminal offences you may be able to use a DPA.

A DPA can apply in relation to the likes of conspiracy to defraud, money-laundering, fraud, bribery, and the failure to prevent facilitation of foreign tax evasion offences.

Are there other options available to me?

Our team of experts will tailor any guidance to your individual needs.  We understand that whilst certain instances may require a DPA, there may be better options for other circumstances.

What is Fraud and Financial Crime?

Fraud is a type of financial crime. Financial crime is any crime that is economically motivated, the prevalence of which is a substantial threat to the development of economies and their stability.

Financial crime can be divided into two essentially different, though closely related, types of conduct.

Firstly, there are those activities that dishonestly generate wealth for those engaged in the conduct in question. For example, the exploitation of insider information or the acquisition of another person’s property by deceit will invariably be done with the intention of securing a material benefit. Alternatively, a person may engage in deceit to secure material benefit for another.

Secondly, there are those that do not involve the dishonest taking of a benefit, but that protect a benefit that has already been obtained or facilitate the taking of such benefit. An example of such conduct is where someone attempts to launder criminal proceeds of another offence in order to place the proceeds beyond the reach of the law.

What powers does the Government have to investigate?

The Chancellor recently announced a £100m fund for a Taxpayer Protection Taskforce (TPT) to combat and recoup monies that were claimed fraudulently from the various schemes open to businesses to keep them afloat during the extenuating circumstances brought on by the pandemic.

The TPT will be staffed by over 1,000 HMRC officers, who will look into suspected wrongful claims and investigate allegations of fraud.

Who will be targeted?

There will be a focus on fraud schemes said to be operated by organised crime groups, targeting a systematic assault on public funds.

However, we will also likely see an increase in investigations carried out into suspected wrongdoing, relating to claims made under the various schemes by innocent individuals and small businesses.

How will I know that I am under investigation?

Individuals and businesses being investigated are likely to receive a letter from HMRC as a first port of call.

However, it also feasible that they could receive a more direct ‘knock on the door’ from officers looking to gather evidence.

Should I be concerned of an investigation?

In short: yes. Even though there has been much criticism of the regulation and guidance of the government schemes for eligible claims, any criminal investigation into finances can have long-serving consequences.

In many cases, HMRC will simply be investigating whether monies were unintentionally over-claimed, or, where provable, whether there are mitigating circumstances giving rise to the funds being claimed.

In the worst-case scenario, a company may find itself the subject of a dawn raid, which is much more serious.

As an alternative to a criminal investigation, HMRC may consider, where relevant, issuing a notice under their civil procedures, known as a COP9.

What do HMRC investigate?

As guardians of the public purse, HMRC will investigate and prosecute many cases involving allegations of fraud or wrongdoing. From VAT reclaims to allegations of cheating the revenue, HMRC have a wide ambit when looking into allegations of revenue irregularities.

What is COP9?

Code of Practice 9 investigation procedure (“COP9”) is a procedure that HMRC can choose to adopt when carrying out either a criminal investigation or a civil procedure against those suspected of tax fraud.

COP9 allows for a one-time offer from HMRC, which is known as the Contractual Disclosure Facility (“CDF”), and provides the recipient with immunity from criminal investigation and/or prosecution.

In return for immunity, the subject must admit to acting dishonestly in deliberately failing to declare income, gains, or duties.  In addition, they must also agree to fully disclose all omissions and irregularities which may have arisen over the previous 20 years.

How are interviews conducted?

Most interviews by the authorities are conducted under caution via the provisions of the Police and Criminal Evidence Act 1984 (PACE).

However, interviews may also be conducted under other compulsory powers in place and available to various prosecuting and regulatory agencies. And, in certain circumstances, interviews may be conducted with the assistance of an overseas prosecuting agency.

Furthermore, there are occasions where a subject will be invited to attend a voluntary interview.

Do I need to conduct an internal investigation?

There are occasions where companies become aware of potentially contentious issues, whether through the actions of employees, or from information elsewhere that may need to be addressed before they develop into a formal investigation by the authorities.

Where issues arise or are suspected – information is key. Having the ability to understand and review where weaknesses could develop is crucial in forming a strategy to resolve problems and help strengthen compliance procedures as the company moves forward.

If you are made aware of any potentially damaging issues within your business, you should take steps to conduct an internal investigation before relevant enforcement agencies catch wind.

How do I conduct an internal investigation?

The day-to-day running of your company will be of paramount importance.

To ensure the smooth running of your business is upheld, a credible third-party will be able to conduct a discreet and focused investigation.  This will ensure that the company is able to continue conducting business normally, and any reputational concerns can be minimised.

In allocating you a personalised team of experts to conduct your investigation, we will provide a detailed report of the findings, together with recommendations for potential actions to be taken.  This will guarantee that all matters have been addressed and the company can look towards putting any problems behind it and moving forward with confidence.

What happens if something is uncovered?

Unfortunately, there are circumstances when an investigation will uncover dubious activity.

When this occurs, the company may be required to report discrepancies found to the authorities. Alternatively, they may wish to self-report an issue before the authorities conduct their own enquiries.

In certain circumstances, a Deferred Prosecution Agreement may be a consideration.

Whatever the scenario, your bespoke team will be able to advise and guide you on the most appropriate steps for you to take.

What is the Proceeds of Crime Act 2002 (POCA)?

The Proceeds of Crime Act 2002 (“POCA”) gives public bodies, including the police, HMRC and the UK Border Agency the power to freeze the assets of a person they reasonably suspect of criminal activity. It also provides for confiscation of those assets where they are found to be the proceeds of a criminal offence.

What offences come under POCA?

A number of criminal offences are encompassed under POCA. These offences fall into three primary categories: concealing, arranging and acquiring.

Concealing is where someone knows or suspects that money laundering has taken place, but attempts to cover up its existence, for example, by disguising, transferring, converting or removing the proceeds.

Arranging involves people who launder money on behalf of others, often by moving the “dirty” money around with “clean” money in an attempt to hide the illegal source of the funds. See Money Laundering.

The final category may encompass anyone who benefits from money laundering by acquiring, possessing or using criminal property.

For the purposes of POCA, “criminal conduct” is conduct which constitutes an offence in any part of the UK or would constitute an offence in any part of the UK if it occurred there.

What is considered ‘Property’ under POCA?

Under POCA, property can include money, stocks and shares, jewellery, art, cars and even homes.

These things will be regarded as “criminal property” if they constitute a person’s benefit from criminal conduct, or if they represent such a benefit, and the alleged offender knew or suspected that it constituted or represented such a benefit.

Under this definition, there is no distinction between the proceeds of the defendant’s own alleged crimes and the crimes allegedly committed by others.

Should I be concerned?

In short: Yes. As well as having your assets seized or confiscated, a conviction under POCA can result in up to 14 years’ imprisonment.

Where it is alleged that money or other assets fall to be considered as criminal property, a person can find themselves accused even though they did not have specific knowledge that they were dealing with criminal property, but merely suspected that it was criminal in nature.

In some cases, the authorities do not have to specify what the original offence was that caused the property to be deemed criminal proceeds in the first place.

These factors can make it very difficult to defend against allegations under POCA, and seeking legal advice is highly recommended.

What is a Private Prosecution?

A private prosecution is a prosecution started by a private individual or entity not acting on behalf of the police or other prosecuting authority.

With demands on public funding having been stretched prior to the pandemic, there are increasing instances of investigative authorities simply not having the resources to investigate and prosecute.

This is especially concerning in relation to allegations of fraud, as investigations can often be lengthy and particularly detailed.

Many find that despite a strong evidential case, authorities decline to act.  In these circumstances, an individual or entity may look to engage in a private prosecution to seek redress.

How do Private Prosecutions work?

As with any prosecution which is brought before the courts, a careful analysis of the evidence will need to take place, along with the application of the Full Code Evidential test and the Public Interest test. Assuming these are satisfied, an application can be made to the Magistrates’ Court for a summons to be issued, which will contain details of the charges being alleged.

Many cases involving private prosecutions will find themselves in the Crown Court due to the nature and seriousness of the allegations to be tried. Where allegations of financial loss are made, consideration may be given to applying for a restraint order in order to preserve assets of the accused which may be at risk of dissipation.

Where the prosecution case ends with a conviction, potential sanctions will include a custodial sentence, where relevant, and the Court may be asked to consider whether a confiscation and/or a compensation order should be made.

Can I recover my costs?

Whilst a private prosecution will need to be funded by the person or entity bringing the action, there is provision for recovering the costs, whether or not a conviction is secured, under s17 of the Prosecution of Offences Act 1985.

Further, the decision in the recent costs case of Fuseon Ltd v Senior Courts Costs Office and The Lord Chancellor [2020] EWHC 126 (Admin) clarified the position with regards to the recovery of costs and the considerations the private prosecutor should weigh up in bringing an action.

 

What is a Restraint Order?

A Restraint Order is an order under the Proceeds of Crime Act 2002 (POCA) ,which has the effect of freezing the assets and bank accounts.

If you are suspected of criminal activity, the authorities can apply to have your assets frozen under a restraint order, which is a tool used by prosecuting bodies to freeze the assets. Prosecuting bodies may want to freeze your assets to preserve them for a potential confiscation hearing in the future, in which they will seek to take the assets away from you.

Once a restraint order is imposed, it applies not only to an individual’s current assets, but also to any asset that is received after the order comes into effect.

When are Restraint Orders issued?

If you are suspected of being in possession of assets which are the proceeds of crime, a prosecuting agency has a low threshold by which to issue an order against you.

These orders can be issued before any arrest takes place if the prosecutor has proven, on the balance of probabilities, that a criminal investigation has commenced against you in England or Wales, and that there is reasonable cause to believe that you have benefited from criminal conduct.

Restraint orders are usually made ex parte, which means that you may not be aware that an application has been made to the Court.

Should I be concerned?

Yes. If you are subject to a restraint order, you will not be able to sell, transfer or otherwise dispose of the assets subject to the order until it is lifted.

In recent years, restraint orders have been imposed in respect of money, stocks and shares, jewellery, art, cars and even homes.

The authorities also have the power to freeze your assets in foreign jurisdictions. Your bank account will probably be frozen, and this can obviously make life extremely difficult, not only for you, but also for anyone else who shares ownership of the affected assets.

What options are available to me?

Despite the low threshold, restraint orders are open to challenge.

For example, you can apply to have the order set aside or varied if the prosecutor misled the Court when obtaining the order, or if there have been significant delays.

Am I at risk of receiving an Unexplained Wealth Order?

You may want to consider the following hypothetical scenarios:

• A client’s child studies in the UK. The child doesn’t work but drives a Ferrari. Could they provide evidence of the source of funds for that car? How do they fund their lifestyle in the UK?
• A house is purchased and held as part of a family trust structure and the beneficiary is a client’s spouse or child. If their spouse or child were served with an order, could they identify the source of funds used to purchase the property? Would they be able to provide documents? Would they be comfortable about disclosing the entire trust structure?
• A client receives a modest official salary. In actual fact, they also have several other legitimate sources of income, which generate significant wealth. To what extent would they want to disclose all their financial affairs if required to do so? If they had to do so by next week, would they be able to?

How are Unexplained Wealth Orders obtained?

UWOs are obtained in secret and without notice. The order will require an individual to respond to a detailed list of questions and to provide whatever documents are requested of them. The timescale for preparing this response is incredibly short.

The High Court may grant an UWO if the following conditions are satisfied:

• The respondent “holds” the property (“holds” broadly means exercising, being able to exercise or being entitled to acquire direct or indirect control over the property);
• The property is worth more than £50,000;
• There are reasonable grounds for suspecting that the known sources of the respondent’s lawfully obtained income would have been insufficient for the purposes of enabling the respondent to obtain the property; and
• Any one of the following is relevant:
• The respondent is a politically exposed person (“PEP”) or connected to a PEP; or
• There are reasonable grounds to suspect that the respondent is, or has been, involved in serious crime (whether in a part of the UK or elsewhere); or
• A person connected with the respondent is, or has been, involved in serious crime.

Upon receiving a notice, what are my obligations?

Failure to comply with the order will lead to a legal presumption that the property is the ‘proceeds of crime’. The authorities will then seek to confiscate that property. Providing false or misleading information constitutes a criminal offence punishable by imprisonment.

Just a few years ago it would have been utterly unthinkable to have a situation where – with no proof of criminal activity – an individual could be compelled to provide the authorities with detailed information as to their finances. This, however, is now the reality.

The timescales involved in responding to an order are incredibly short and the requests for information and documents will be extensive. For families with complex financial arrangements simply assembling the documents in time can be challenging, if not impossible.

Can I do anything to mitigate receiving an order?

Yes, there is a lot that can be done to prepare in advance.

Families may want to consider a precautionary review of their assets and documentation to assess the level of risk they may face, and to consider the potential work that could be done to improve their position.

Similarly, those who are contemplating acquiring assets in the UK may want to consider taking advice in advance with regards to any purchase.

What are Financial Sanctions?

Financial sanctions are Orders imposed by governments prohibiting a firm from carrying out transactions with a person or organisation (known as the target). In some cases, the order will prohibit a firm from providing any financial services to the target.

These measures vary from prohibiting the transfer of any funds to a sanctioned country and freezing the assets of the government, corporate entities and residents of the target country, to targeted asset freezes on individuals or entities.

Who is affected by Financial Sanctions?

Financial sanctions may apply to governments, businesses, entities, and individuals, who may be resident in the UK or abroad.

Extradition

Extradition is a complex area of law, and it may be difficult to secure the necessary local expertise depending on where you have been arrested. Our expert team is always on hand to assist, no matter which jurisdiction you are in.

What is Extradition?

Extradition is the formal legal process, by which one country asks another country for the return of an individual to face a criminal trial in the requesting state.

Extradition can also be requested for an individual who is wanted abroad following conviction in the requesting state.

Should I be concerned?

Yes. Being the target of an extradition request is a very stressful and harrowing experience for both the subject and their family, and it may cause reputational damage that will severely impact an individual’s livelihood.

Are there any pre-emptive steps I can take?

Yes. Even if you merely suspect that an extradition request may be on its way, it pays to be prepared. Taking pre-emptive action may also help avoid an unexpected arrest and put in place procedures to maximise your chances of bail.

What is Bail in extradition cases?

Bail in extradition cases is covered by the Bail Act 1976.

Where the requested person is wanted to face an accusation, the starting point is that there is a ‘presumption in favour’ of bail.

In conviction cases, where the requested person has been convicted of the offences which are the subject of the request, there is no presumption in favour of bail.

In deciding to grant bail in extradition cases, the court may consider whether to impose stringent bail conditions. These typically include, but are not confined to:

• Provision of a security / surety;
• Surrender / retention of travel documents;
• Prohibition against applying for travel documents;
• Geographical restriction from being near travel ports or airports;
• Regular reporting to the police station.

What happens if I breach Bail?

Although in the UK extradition proceedings are considered exclusively by Westminster Magistrates’ Court, where a person is brought to another court for a breach of bail, there is jurisdiction to deal with the breach in the usual way.

Can I appeal a Bail refusal?

Persons refused bail at the Magistrates’ Court may apply for bail to the High Court, but this can only be done after the Magistrates’ Court has refused bail twice. It is also possible to appeal against the granting of bail in extradition cases.

If you, or someone you know, have been, or are likely to be, arrested, contact our team, and we will put together a bail package to secure the best chance of release.

What is INTERPOL?

The International Criminal Police Organisation (INTERPOL) is an international organisation that facilitates worldwide police cooperation and crime control. The largest such organisation in the world with over 190 member states, it is not a police force in itself and does not physically arrest people.

INTERPOL is a system for sharing information and resources between the police forces of member states. Notices are published on their system and circulated throughout the member states.

What is a Red Notice?

A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.

It contains two main types of information:

• Information to identify the wanted person, such as their name, date of birth, nationality, hair and eye colour, photographs and fingerprints, if available.
• Information related to the crime they are wanted for, which can typically be murder, rape, child abuse or armed robbery.

Red Notices are published by INTERPOL at the request of a member country and must comply with INTERPOL’s Constitution and Rules. A Red Notice is not an international arrest warrant.

Who is affected by INTERPOL Red Notices?

Individuals at risk of extradition are most frequently affected by INTERPOL Red Notices. A Red Notice severely restricts an affected person’s ability to travel and do business.

What is an INTERPOL Diffusion?

Interpol diffusions are more informal than a notice, but still carry the risk of triggering an arrest. Member states are able to circulate diffusions throughout the system without recourse to a formal Red Notice.

Should I be concerned?

Yes. Being the target of a Red Notice or extradition request is a very stressful and harrowing experience for both the subject and their family.

Red Notices often appear on background checks conducted by banks and businesses. A person subject to an INTERPOL Red Notice is likely to be stopped, searched and is liable to be arrested and face extradition.  The Gherson LLP team is also able to advise those who fear that they may be subject to INTERPOL Red Notices on associated reputational issues, such as bank account closure.

What is Mutual Legal Assistance? 

Mutual legal assistance (MLA) is a method of cooperation between states for obtaining assistance in the investigation or prosecution of criminal offences.

The treaty, by which it is governed, is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws.

The international nature of many criminal investigations has seen a rise in these kinds of requests, and they are now a common feature in many multi-jurisdictional criminal and regulatory investigations.

Indeed, a request for MLA could come prior to a country issuing a formal extradition request and, as such, it is therefore advised to be well prepared and represented by expert lawyers.

Why is my BRP card delivery delayed?

There are often delays in the production and delivery of the BRPs. The Home Office advises that in the case of an in-country application, the BRP should be delivered to the applicant within 7-10 days of the grant of a visa. For those who applied for a UK entry clearance visa from outside of the UK, they should collect their BRP card from the nominated Post Office within 10 days of their arrival to the UK. If your BRP has failed to arrive, you must report this to the Home Office.

 

My new BRP card contains mistakes, what do I do?

When you receive your BRP card, make sure you check it carefully. If you find a mistake in any of the details listed on it, such as your name, gender or date of birth, you should report it to the Home Office within 10 days of receipt. Equally, you should report if your BRP has arrived damaged. The Home Office will email you to tell you what to do next. You will usually get a response within five working days. If the Home Office makes a mistake regarding the duration or conditions of your stay, provided your visa was granted in the UK, you will have to apply for an administrative review to have it rectified.

 

How do I report my BRP card as lost or stolen?

You must report it here Biometric residence permits (BRPs): If your BRP is lost or stolen - GOV.UK (www.gov.uk). It is important to double-check that your BRP is indeed missing prior to reporting it to the Home Office, as this process will invalidate your existing BRP.

 

Can I revalidate my BRP card that I reported as lost/stolen?

If your BRP is found or returned to you later, you will not be able to use it, as the Home Office cannot revalidate BRPs that have been reported as lost or stolen. Once reported, you must make an application to the Home Office for a replacement BRP.

 

I have lost my BRP card in the UK, what do I do?

You must report the loss to the Home Office and apply for a new BRP card within 3 months of reporting your BRP as lost. You should not travel outside of the UK without a valid BRP, as it is the only valid immigration document with which you may return to the UK. Therefore, you must wait until your new BRP is delivered to you prior to making any travel plans.

 

My BRP card was stolen in the UK, what do I do?

You must report the theft of your BRP card to the Home Office and the Police and apply for a new BRP card within 3 months of the BRP being stolen. You should not travel outside of the UK without a valid BRP, as it is the only valid immigration document with which you may return to the UK. Therefore, you must wait until your new BRP is delivered to you prior to making any travel plans.

 

I have lost my BRP card overseas, what do I do?

You must report the loss to the Home Office and apply for a BRP replacement vignette visa. In addition to completing the visa application form online, you will have to pay an application fee and, thereafter, attend your nearest visa application centre to provide your biometrics. After receiving your temporary entry vignette, you must travel to the UK within its validity period and, once back in the UK, apply for a replacement BRP.

 

My BRP card was stolen overseas, what do I do?

You must report the loss to the Home Office and apply for a BRP replacement vignette visa. In addition to completing the visa application form online, you will have to pay an application fee and, thereafter, attend your nearest visa application centre to provide your biometrics. After receiving your temporary entry vignette, you must travel to the UK within its validity period and, once back in the UK, apply for a replacement BRP.

 

My current BRP expires on 31 December 2024, what do I do?

All UK BRPs have an expiry date, and if your BRP has been issued recently, it may show the expiry date of up to 31 December 2024. If your visa validity goes beyond this date, there is no need to worry. The Home Office has introduced a fully digital immigration system, which means that all physical documents denoting an individual’s immigration status are being replaced by eVisas.

 

What is an eVisa?

The new eVisa will be an online record of your UK immigration status, detailing the type of permission you hold and the conditions of your leave. The new eVisa replaces Biometric Residence Permits, Biometric Residence Cards, Passport endorsements (wet ink stamps) and Visa vignette stickers.

 

How do I get an eVisa?

You need to create a UKVI account to access your eVisa before 1 January 2025 using your BRP card. You can access the link on the UK government website. This will enable you to share information about your immigration status and conditions, such as your right to work or rent in the UK. If your BRP is lost or stolen, you will be able to create the account using your travel document. However, you will still need a BRP card to travel and return to the UK.

How do I convert my BRP into an eVisa before 31 December 2024?

You need to create a UKVI account to access your eVisa before 1 January 2025 using your BRP card. You can access the link on the UK government website. This will enable you to share information about your immigration status and conditions, such as your right to work or rent in the UK. If your BRP is lost or stolen, you will be able to create the account using your travel document. However, you will still need a BRP card to travel and return back to the UK.

 

Why did I get “Your application has not been straightforward” message from the Home Office?

When UKVI use the term “not straightforward”, it may mean that your application requires additional scrutiny and consideration. This can be due to a variety of factors, including but not limited to: • the need to verify your supporting documents; • a request to attend an interview; or • your personal circumstances (for example, if you have a criminal conviction or a history of immigration violations). If your application is deemed not straightforward, this does not necessarily mean that it will be refused.

What is a UKVI account?

A UKVI account is an online platform provided by UK Visas and Immigration (UKVI) that allows you to access and manage your immigration status digitally. This account is essential for viewing and sharing your eVisa, updating personal details and proving your immigration status to employers, landlords or other authorities.

   

What is an eVisa?

An eVisa is a digital record of your immigration status in the UK. It replaces traditional physical documents, such as Biometric Residence Permits (BRPs) . Your eVisa is accessible through your UKVI account and can be shared with third parties using secure, time-limited share codes.

  

Why is the UK moving to eVisas?

The shift to eVisas is part of the UK government’s "digital by default" strategy to modernise the immigration system. Key benefits include: Enhanced security by reducing fraud and loss of documents; Faster and more efficient border control processes; Convenience for users who will be able to update and manage their details online.

  

Do I need to create a UKVI account if I already have a BRP?

Yes, if you have a visa or indefinite leave to remain that is not under the EU Settlement Scheme, even if you currently hold a BRP, you must create a UKVI account to access your eVisa. The current deadline for eVisa set up has been moved from 31 December 2024 to 31 March 2025.

  

How do I create a UKVI account?

Follow these simple steps to set up your UKVI account: Visit the UKVI account registration portal; Provide your personal details, including your passport information; Verify your identity using the provided instructions; Link your immigration status to your account using your BRP number, BRC details or Unique Application Number (UAN).

  

Can children have UKVI accounts?

Yes, all individuals who have visas or indefinite leave to remain that is not under the EU Settlement Scheme, including children, must have a UKVI account. Parents or guardians can create accounts for their children, using their contact details for communication.

  

What happens if I lose my BRP or BRC?

If you lose your BRP or BRC, you can still create a UKVI account using alternative documents, such as your biometric passport.

  

How do I share my eVisa with employers or landlords?

Use the "View and Prove" service on the UKVI website to generate a unique share code. This code allows employers, landlords or other authorities to verify your immigration status securely and instantly.

  

What happens to my immigration status if I do not create a UKVI account by 31 March 2025?

Your immigration status remains valid even if you do not create a UKVI account by this date. However, failing to transition to an eVisa could lead to difficulties in proving your status, especially for employment, housing or travel purposes.

  

Can I travel internationally with an eVisa?

Yes, your eVisa allows you to travel internationally. However, you will need to ensure that your passport details in your UKVI account are current.

  

What if I encounter issues accessing my eVisa?

If you face technical difficulties or errors accessing your eVisa, you can: Contact UKVI directly for support; Consult immigration experts, such as Gherson LLP, for assistance with account setup and error resolution; Use the update service if personal details are incorrect.

  

How does the eVisa system impact employers?

Employers must verify their employees’ right to work using the Home Office’s online service. Physical documents will no longer suffice. Employers are encouraged to: Request share codes from employees; Use the Home Office verification portal for checks; Stay updated with guidance from UKVI to understand the right-to-work compliance obligations.

  

Can I update my eVisa information if my personal details change?

Yes, you can update your eVisa information online through your UKVI account. Changes such as a new passport, updated address or legal name changes must be reported promptly to ensure the accuracy of your immigration record and to minimise issues when travelling. Certain updates will require you to submit your original identity document to the Home Office.

  

Is technical support available for the eVisa transition?

Yes, technical support is available through: The Home Office helpline account. for eVisa-related issues; Free resources, such as user guides and video tutorials provided by UKVI; Professional immigration services, such as Gherson LLP, offering personalised assistance.

   

What is the Skilled Worker Visa?

The Skilled Worker visa allows you to live and work in the UK if you have a job offer from a UK employer with a valid Skilled Worker sponsor licence. The job must meet specific skill and salary criteria.

 

Am I eligible for this visa?

To qualify, you need a confirmed job offer from a licensed UK employer. The role should be at least at RQF Level 3 and offer a salary of at least £38,700 or the “going rate” for the job—whichever is higher. Kindly note the minimum required salary varies with each occupation. The Skilled worker route also offers lower level of general thresholds depending on your circumstances and prior UK Immigration history.

 

Do I need to prove my English language skills?

Yes, you will need to show you can speak, read, write and understand English. This can be done by passing an approved test at the B1 level or higher, or having a degree taught in English.

 

What steps are involved in the application?

Job Offer: Secure a job from a UK employer; Certificate of Sponsorship (CoS): Your employer assigns the certificate which needs to include your job details; Visa Application: Apply online, submit your documents and pay the fees; Biometrics: Attend a visa centre to provide fingerprints and a photo (if required).

 

What documents do I need to prepare?

You will need your CoS reference number, proof of English proficiency, a valid passport and details of your job and salary. If required, show proof of personal savings to support yourself. Additional documents may be required depending on your circumstances and UK Immigration history.

 

How long will it take to get the visa?

It usually takes around 3 weeks if you are applying from outside the UK and 8 weeks if you are applying from inside the UK. You can purchase the priority service to expedite the processing time. However, processing times can vary, so it is best to apply as early as possible to avoid delays.

 

Can I bring my family with me?

Yes, your partner and children can join you as dependants if they are eligible. They will need to apply separately and show they can be financially supported while in the UK. Children must be under the age of 18 on the date of application.

 

What if I want to change jobs while on this visa?

You can change jobs, but your new employer must also have a sponsor licence, and the new job must meet the same skill and salary criteria under Skilled worker route. You will need to apply for a new visa if you switch jobs.

 

Can I get Indefinite Leave to Remain in the UK on this visa?

After continuously residing in the UK for 5 years as a Skilled Worker, you may be eligible to apply for indefinite leave to remain (ILR). ILR gives you the right to remain in the UK for an unlimited amount of time and grants the freedom to take up employment or study without restriction.

 

What should I do if my visa application is refused?

If your application is refused, you can appeal or request an administrative review. Understanding the reasons for refusal is crucial for addressing issues in a reapplication.

I am applying for my first British passport. Do I need a referee?

Although this process differs from a naturalisation application, you will need someone to confirm your identity. This person must be at least 18 years old, reside in the UK, hold a current UK passport and have known you for at least two years in a personal or professional capacity. After you submit your application, the Passport Office will email your referee to confirm your identity.

 

Will I need to give up my current nationality if I plan to naturalise as a British citizen?

The UK law does not require you to renounce your current nationality to become a British citizen. However, it is important to note that not all countries allow dual nationality. You are responsible for checking whether your country of origin permits dual citizenship.

 

I was offered a place at a UK university. When can I apply for a student visa?

You can apply for a student visa up to six months before the start date of your course, as specified in your Confirmation of Acceptance for Studies (CAS).

 

I need my visa application processed as quickly as possible. What are my options?

If available, you may opt for the Super Priority service for certain visa applications by paying an additional fee. This service aims to process your application within 24-48 hours. However, if the nature of your application is discretionary, processing may take longer.

 

How can I obtain a share code to prove my right to rent in the UK?

Ensure that your UKVI account is set up. If you still cannot access the share code after setting up your account, you should contact the Home Office for assistance via this link: https://www.gov.uk/contact-ukvi-inside-outside-uk.

 

I wish to bring my parent to the UK through the Adult Dependent Relative route. How should I proceed?

To successfully apply for an Adult Dependent Relative visa, you must prove that you can financially support your parent and cover their private healthcare costs in the UK for at least five years. Additionally, your parent must meet the high threshold for sponsorship, demonstrating that they have long-term care needs due to age, disability or illness, which cannot be met in their home country. Applications may be refused if your parent has other relatives in their home country or if adequate healthcare facilities are available there.

 

My naturalisation application has been pending for more than six months. What should I do?

Although the standard processing time for naturalisation applications is approximately six months, delays can occur. The Home Office continues to work on your application and aims to make a decision as soon as possible. If they need additional information or documentation, they will contact you directly. Should you wish to enquire about your application status, you can contact the Home Office through this link: https://www.gov.uk/contact-ukvi-inside-outside-uk.

 

I am visiting the UK for a job interview. If I get hired, can I switch from a Visit visa to a Skilled Worker visa?

No, you cannot switch from a UK Visit visa to a Skilled Worker visa while in the UK. You must leave the UK and, if the company is willing to sponsor you, apply for a Skilled Worker visa from your home country.

 

I received an email from the Home Office stating that my application is "not straightforward." What does this mean?

This email indicates that the Home Office needs more time to assess your documents, and that your application cannot be processed within the standard timeline. This delay may occur even if you paid for priority or super priority service. Rest assured, the Home Office is still working on your application and will make a decision as soon as possible.

 

I want to move to the UK for work. What are my options, and how straightforward is the process?

The most common route for working in the UK is through a Skilled Worker visa. Applications for this visa from outside the UK are typically processed within three weeks. The complexity of the process varies based on individual circumstances. To qualify, you must have a full-time job offer from a UK employer holding a valid Sponsor Licence and meet the necessary skill and salary criteria.