Immigration

We can assist with the visa route for Hong Kong nationals who are British nationals (overseas) and can apply for family members as part of the application. The visa lasts for 2 years and 6 months, or 5 years. After 5 years, ILR can be applied for, subject to satisfying the criteria. This visa allows the applicant to work or study in the UK.

A vast number of employers depend on recruiting employees from outside the UK to ensure that their workforce is well-rounded and has the best possible skill set. The hiring of overseas nationals (including those from EU countries, post-Brexit), from abroad is often a necessity in industries in which the UK sees a skills shortage or where expert personnel from overseas entities are needed. Regulation surrounding this area is stringent and it is crucial that companies employing foreign workers are compliant with the rules. Whether you require advice or assistance on transferring employees, on bringing employees to work in the UK, or on existing domestic staff, our Business Immigration team assist a range of businesses on all of the relevant obligations including visa applications, sponsorships, settlement, and extension of stay, as well as best practice. Furthermore, the team can assist with auditing your existing workforce and internal processes to ensure that you are compliant with the immigration rules and where this is lacking, recommend corrective actions.

The individual will need to be endorsed in a specific, recognised field such as arts and culture, science, engineering, medicine and humanities, or digital technology. They must apply for a visa within 3 months of the endorsement. There is no English language or financial requirement. Dependents are allowed. This is a highly flexible category which allows a period of 5 years in the UK and which leads to settlement (after 3 years in certain cases).

This can usually be applied for 12 months after the grant of ILR (some exceptions apply). There is a need to satisfy the absences requirement (particularly in the 12 months since being granted ILR) and 2 referees will be needed to sign off the application. Once approved, the applicant must attend the Citizenship Ceremony and then can apply for their first British Passport.

An innovator will need to have a business idea assessed by an endorsing body and will need to provide evidence of personal savings for 28 days before the application.  50,000 in investment funds will be needed in order to set up a new business. They will also need to satisfy the English language requirement. The visa is valid for 3 years and can be extended.

This is for overseas companies and is a non-points-based, non-sponsored route. The company must have an overseas parent company and/or be a senior employee of the parent company or have the intention to set up a wholly owned subsidiary/branch. The 3-year visa can be extended and leads to settlement.

Immigration affects all aspects of life, but it can have a particular impact on family life. With frequent changes often occurring, keeping up to date on this area of law is vital. This enables us to provide a comprehensive immigration service to clients from start to finish. Our Employment team can work closely with our personal immigration experts to advise individuals wishing to make the move to work in the UK. Considering the perspective of each client, we work alongside them to minimise any stress or problems that may occur when moving to the UK with family members.

This is usually applied for after 5 years and the applicant will need to pass the Life in the UK Test and satisfy the English language requirement, as well as the residence requirement (absences need to be below the threshold).

If applying under Skilled Worker, the applicant will still need to be sponsored.

A skilled worker will need a Licenced Sponsor, an Undefined or Defined Certificate of Sponsorship (requested from the Home Office) and will need to meet the minimum salary threshold determined by Government Classification Code or category (£25,600 per year). There is no longer a cooling-off period for a Skilled Worker.

The Sponsor Licence is valid for four years and a range of documents will need to be submitted (VAT, PAYE, etc.), and mandatory documents if a startup. There must be an Authorising Officer. Undefined Certificates of Sponsorship can be requested as part of a Sponsor Licence application (which sits with annual allocation). The Defined Certificates of Sponsorship will also need to be requested.

The applicant must be over 18 years old and be able to satisfy a genuine relationship, as well as satisfying the English language and financial requirement.

A Tier 1 investor must have access to at least £2,000,000, which must be held in one or more regulated financial institutions and be free to send in the UK. The investor must also be over 18 years old, be able to prove the money’s provenance, be able to open a UK regulated bank account, and will need a criminal record certificate.

• Advising and assisting businesses with their internal immigration processes to ensure they are compliant with the prevention of illegal working provisions as well as their sponsorship duties.
• Advised on how to incorporate an acquired company’s Sponsor Licence into the global acquirer’s Licence, which included managing a large transaction internationally, with multiple parties and stringent deadlines, as well as the transfer of several hundred employees.
• Succeeded in an application to the Home Office for the Tier 2 CEO of an international bank in circumstances which would otherwise have left him waiting for permanent residence for a further three years.
• Successfully unravelled an out-of-status entrepreneur in circumstances which had left her unable to travel to compete as an international Olympian.
• Assisting UK businesses with the post-Brexit recruitment process of EU national employees.
• Advised high-net-worth investors who invested over £2m, £5m and £10m funds in the UK economy. Provided strategic advice from the outset on sources of funding, permitted investments, business plans, including possibilities of dependants outside marriage, to obtain indefinite leave to remain (accelerated) and settlement.
• Advised several snooker players on their immigration options for trials with the World Snooker Championships and subsequently switching to Tier-5 Sportsmen visas.
• Assisting with visa and leave-to-remain applications for high-net-worth individuals in both the investor and entrepreneur categories. Highlights include assisting with an investor visa application for an investment bank owner.
• Advising on and assisting with immigration compliance steps following merger and acquisitions and similar transactions for large multi-national and global entities.
• Succeeded in an application to the Home Office for the Skilled Worker sponsor CEO of an international bank in circumstances which would otherwise have left him waiting for permanent residence for a further three years
• Advised and assisted a UK-based technology company in obtaining a digital skills Sponsor Licence, in order to take advantage of the Shortage Occupation in relation to those applicants with specific technology skills.

• Assisted with visa and leave-to-remain applications for high-net-worth individuals in both the investor and entrepreneur categories. Highlights include assisting with an investor visa application for an investment bank owner.
• Assisted with a large number of family-based and European applications. Highlights include an application for leave to remain for a very well-known international sports person.
• Advising and assisting with family-based applications such as spouse visas, for a large number of clients.
• Advised on a complex private client case for a Tier 1 Investor extension application. This involved challenging the Immigration Rules and Policy Guidance regarding supporting documentation for co-ownership and successfully arguing that the Policy Guidance was vague and that it required redrafting, which the Home Office confirmed.
• Successfully obtained Citizenship for an individual outside the Immigration Rules on a discretionary basis, owing to excessive absences from the UK. This involved detailed representations as to the nature of the absences and successfully arguing in the applicant’s favour.
• Assisted a large Middle Eastern family office with immigration applications, enabling family members to exceptionally switch status within the UK, bypassing the need for them to apply overseas at a time when it was dangerous to return to their home country.
• Obtained immigration permission under ‘Chen’ for an individual and his whole family.
• Assisted numerous students switching to the Tier 1 Entrepreneur visa on an urgent basis (before the rules changed in 2019), to include advice on sources of funding, entrepreneur teams, preparing business plans and interviews.