What is the purpose of the Scale-up scheme, and do we still need it?
The UK's Scale-up Visa, launched in 2022, aims to attract talent to fast-growing businesses by offering a two or three year visa’s to those in qualifying roles who meet specific requirements including the minimum salary threshold, English language and financial requirements. After five years, it would open a pathway to settlement.
The recent announcement about the increase in the minimum salary threshold for a Skilled Worker visa raises questions about the need for potential adjustments to the Scale-up scheme and its continued advantage for individuals and businesses. This article introduces the Scale-up visa scheme and explores its future.
What is Scale-up scheme?
This visa route offers two visa options: a sponsored and an unsponsored. The sponsored visa is available for up to two years, while the unsponsored visa can last up to three years. Applicants must apply for a sponsored visa, which is the starting point for this program.
To qualify for the Scale-up visa, individuals must obtain a valid Certificate of Sponsorship from an approved, UK-based Scale-up sponsor for a role that meets the required skill level with a minimum annual salary of £34,600. In addition, applicants must prove their English proficiency to at least the CEFR Level B1 (equivalent to IELTS 4.0) and meet the financial requirement. After six months of employment for the sponsor, Scale-up visa holders can switch to a different employer without needing another sponsorship or having to notify the Home Office.
The unsponsored scale-up visa route requirements are identical to the initial sponsored visa. Still, the only difference is that the applicant must have completed a minimum six-month period with their sponsored employer, provided they continue to earn a minimum yearly salary of £34,600 or £33,000 for those whose Certificate of Sponsorship was issued before 11 April 2023. This setup offers a straightforward and adaptable path for skilled individuals pursuing work opportunities in the UK.
Partners and children can accompany the applicant on the visa by meeting specific criteria such as the relationship, age, and financial requirements. This flexibility benefit is advantageous for employees relocating with their families. The visa scheme’s primary advantage is keeping families together, allowing dependent partners to work except as professional sportspersons and there is no specific minimum salary threshold for them to fulfil. When lead applicants switch or extend their visa, their partner or their child's status remains unchanged. However, the partner or child must apply for an extension or visa switch simultaneously with or before the lead applicant's visa expiration.
Those aiming to settle must accumulate a continuous five-year period in the UK, adhering to the pathway toward indefinite leave to remain. During this period, they must fulfil the earnings requirement to be eligible for settlement.
A Scale-up Sponsorship License and the burdens
To be eligible to become a Scale-up sponsor, a company can apply through either of the two available pathways: standard or endorsement. To qualify under the standard path, the employer must have grown by an average of 20% over three years in either employment or total sales and have at least ten employees at the start of the three-year period. The endorsing pathway is for companies with an HMRC history of fewer than three years that cannot provide the evidence required in the standard path. To qualify, the company must pay an additional fee to obtain an endorsement from the Home Office-approved endorsing body, which must be obtained within three months from the date of application. There are seven requirements to be satisfied, including demonstrating the potential growth rate required for the Scale-up standard and being expected to meet the definition of a Scale-up in the next four years. In addition to these seven mandatory requirements, employers must also satisfy at least three out of five additional requirements to receive the Sponsorship License.
Does the scheme work so far?
Despite the seemingly straightforward way of obtaining the Sponsorship License, the Scale-up visa scheme presents significant challenges to businesses, including the financial and administrative burden, compounded by the need for more assurance that employees will remain in their posts beyond the initial six-month period. Given that this scheme's principal benefit is attracting highly skilled workers, as of 22nd February 2024 there were only 52 out of over 103,000 Sponsors who were successfully licensed under the Scale-up Scheme since its launch in 2022. This raises the most obvious concern over the attractiveness of this visa route. Or, perhaps, this visa route has been overlooked?
Those businesses that are aware of this sponsorship option undoubtedly will weigh up whether it is worth investing their time and resources, especially when there are other ways to hire a foreign workforce. Another important aspect is that unlike other sponsored work routes, the Scale-up License cannot be renewed beyond the initial four-year period. This aspect further underscores the potential limitations of the Scale-up scheme as a long-term solution for businesses aiming to attract and retain skilled talent. This situation prompts a broader reflection on the necessity of this scheme.
Do we need a Scale-up scheme?
Since its introduction, the Scale-up visa scheme has received minimal attention. According to Sponsored work visas by occupation and industry data, from Q1 to Q3 2023, there were 237,284 applicants for sponsored worker visas. However, only 26 applied for the Scale-up visa, with 20 receiving approvals. In comparison, 174,646 applied for the skilled worker visa and 163,386 were granted.
Before the Home Office introduced the increase in the minimum salary threshold, the Skilled Worker visa route was more appealing due to the lower salary requirement than the Scale-up visa. With the increase, the salary requirement for both visa routes are similar, potentially enhancing the Scale-up visa's appeal due to its added flexibility. However, the future of the Scale-up visa remains to be determined, depending on whether the Home Office decides to revise the threshold further. If the Home Office opts for another increase, it could significantly impact the scheme's demand, casting doubt on the advantages the Scale-up visa offers to attract more applicants, especially considering the already low figures for individual and business applications.
How Our law firm can help
Our team of immigration experts is dedicated to offering comprehensive legal advice and support designed to make your immigration journey as seamless as possible. We pride ourselves in providing personalised assistance tailored to each client's specific needs and circumstances, ensuring a higher likelihood of successful application success.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us at reception@cnsolicitors.com
2024 Immigration rule updates
Recently, the United Kingdom has implemented significant changes in its immigration policies, impacting both businesses and individuals. Notable revisions include:
- The Immigration Health Surcharge (IHS).
- Skilled worker minimum salary threshold.
- Spouse, Partner visas (Appendix FM) minimum income threshold.
- The renewal policy for business sponsor licenses.
These changes have introduced considerable financial challenges and administrative shifts for those planning to work, study, or reunite with family in the UK. This article explores these critical immigration developments and their multifaceted effects on immigration processes, recruitment strategies, and administrative burdens.
The Immigrant Health Surcharge Rise
The UK government's recent revision of the Immigration Health Surcharge (IHS), effective from 6th February 2024, presents substantial financial challenges for businesses and individuals. The IHS has seen a significant increase, rising from £624 to £1035 annually and an increase from £470 to £776 for children under 18, students and their dependents. This policy change aligns to make a sufficient financial contribution' reflecting the government's commitment to addressing the impact of migration on the NHS.
The IHS is a mandatory fee for those intending to stay in the UK for over six months. While incremental increases in the IHS have occurred since 2019, this recent rise poses a significant financial challenge for businesses reliant on international talent, potentially effecting their ability to attract and retain skilled overseas workers. Companies may need to reassess compensation and benefits packages, revise recruitment budgets, and consider the overall impact on organisational costs. Similarly, individuals, especially skilled workers, and international students, must engage in careful financial planning as the higher IHS fee adds to the overall cost of obtaining a UK visa. This change may discourage some from choosing the UK as their destination for work or study, potentially reducing the available recruitment pool.
Skilled worker minimum salary threshold.
The recent changes in the skilled worker minimum salary threshold announced on 4th December have far-reaching implications. This nearly 50% rise from £26,200 to £38,700 will come into force from 4th April and could lead to reassessing hiring strategies, particularly for sectors heavily reliant on low-paid skilled migrants. The policy will significantly impact the recruitment pool as it becomes more difficult for immigrants to apply for visas and meet the minimum threshold in the UK. While intending to attract highly paid skilled workers, it may also necessitate a review of hiring strategies in sectors dependent on low-paid skilled migrants.
These changes also impact the Graduate Visa route, vital for international students seeking employment in the UK. While the Graduate Route offers opportunities, the new immigration rules and the raised minimum salary threshold may influence career decisions, potentially affecting sectors traditionally employing international graduates. Moreover, when coupled with increased visa application fees and health surcharges, these policy changes create additional hurdles for individuals pursuing work and education in the UK.
Spouse, Partner visas (Appendix FM) minimum income threshold.
Additionally, aiming to reduce net migration, the Home Secretary has announced a gradual increase in the minimum income requirement for Spouse and Partner visas. Starting 11th April, the threshold will increase from £18,600 to £29,000, eventually reaching £38,700 by early 2025. Family visas are crucial for individuals seeking to reunite with their family members, partners, or spouses in the UK. Anyone wishing to bring their family to the UK must consider applying for a visa before the new requirements take effect in April.
The renewal policy for business sponsor licenses.
On the other hand, a significant change in the UK's immigration law regarding business sponsor licenses takes effect from 6th April 2024. This change automatically extends all sponsor licenses set to expire after this date by ten years, eliminating the need for renewal and associated fees. Nevertheless, sponsors with licenses expiring before 6th April 2024 still need to apply for renewal and pay the associated costs to remain licensed. Failure to renew could lead to employment restrictions for sponsored employees. The new policy removes the need for renewal every four years, reducing administrative efforts and costs burdened on businesses.
This change is a significant relief for businesses employing foreign workers. Eliminating renewal requirements means cost savings and less time spent on administrative processes. Businesses can focus more on strategic talent acquisition and management without worrying about sponsor license renewals. With these changes, companies must understand their new responsibilities and opportunities. The extension of the sponsor license validity period marks a positive shift for firms in the UK, simplifying the process of employing foreign talent and providing more stability and predictability.
Given these significant changes, our law firm extends its expertise in providing legal advice and support to navigate the evolving immigration landscape. We assist businesses in understanding and complying with new regulations, optimising recruitment strategies and addressing legal challenges. We also guide individuals, particularly skilled workers and international students in navigating visa applications and career planning amidst these transformative shifts. Our firm ensures that businesses and individuals can thrive in this changing immigration environment.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us at reception@cnsolicitors.com
Strengthening Law firms in the Wake of the CTS Cyber Attack
The increasing reliance on digital technologies across various industries casts a long shadow of cyber threats, prominently exemplified by the CTS cyber-attack. This significant incident in the conveyancing sector has highlighted the vulnerability of law firms to such digital dangers. More than just causing operational disruptions, the attack served as a critical wake-up call, emphasising the urgent need for robust cybersecurity measures. With cloud-based services now a norm for the easy exchange and storage of information, it is crucial for law firms to be mindful to the security implications of these technologies. The CTS cyber-attack was a clear alert to the potential weaknesses in digital defenses, allowing law firms to develop comprehensive strategies against future intrusions. In this era of digital dependency, strong cybersecurity measures have become an essential cornerstone for industry resilience against ongoing and evolving cyber threats.
The recent cyber-attack has highlighted the fragility of cloud-based storage and services that countless law firms depend on for managing and sharing data. Despite their apparent convenience, these platforms come with inherent security risks. It is imperative that firms not only choose cloud service providers with robust security measures but also maintain strict access controls internally. The scope and severity of the attack's impact was profound, with more than 80 law firms experiencing varying levels of operational disruption. The inability to access systems, process transactions, or maintain operational continuity led to considerable setbacks in the property exchange process, as highlighted by The Law Society's report on the CTS incident. This starkly illustrates the urgent need for reinforced cybersecurity measures within the legal sector.
In the immediate aftermath of the attack, CTS took substantial steps to restore their systems and reassure their clients. By December's end, CTS announced the restoration of their systems, marking a significant milestone in the recovery process. Yet, this event is a stark reminder that cyber threats are an ongoing concern that will likely escalate. The ramifications of such attacks are profound: the loss of productivity, revenue, and—most critically—reputation, as client trust erodes due to potential data breaches. These consequences underscore the importance of a comprehensive approach to cybersecurity, extending beyond the immediate technical response to include broader operational and strategic considerations.
Reflecting on the cyber attack, it is evident that many law firms were caught unprepared and unable to access their systems or complete essential transactions. This incident highlights the critical need for continuous and robust cybersecurity measures. Law firms must regularly review and upgrade their digital security protocols, adapting them to the ever-evolving landscape of cyber threats. This approach is not merely about implementing security measures; firms must continuously evaluate and adapt to stay ahead of the constantly evolving cyber threats. The CTS incident serves as a pivotal learning experience, indicating that such attacks are not singular events but signs of potential ongoing challenges. Law firms need to proactively minimise the risk of cyber-attacks through regular updates to security practices, comprehensive cyber insurance coverage, and a forward-thinking stance on digital risk management. Embracing this proactive and adaptive approach is crucial for law firms to safeguard against the far-reaching impacts of future cyber disruptions.
This article is to help raise awareness to law firms on how they should continuously review their online presence and reliance upon cloud-based technologies. Criminals target law firms, particularly those that have a property division. Criminals want to try to gain access to data which may assist them in defrauding clients or the lawyers who represent them. The CTS cyber attack is a serious reminder of the constant and evolving nature of cyber threats. It underscored the importance of perpetual vigilance and the need for law firms to consistently update their cybersecurity protocols, invest in comprehensive cyber insurance, and adopt a proactive approach to digital risk management. As firms navigate the complex digital landscape, the lessons from this incident will be invaluable in fortifying their defences against future cyber threats.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Understanding the Returning Resident Visa: Requirements, Eligibility, and Application Process
Returning Resident visa caters to those who previously had indefinite leave to remain in the United Kingdom (also known as “settlement”) which has now lapsed, and who now want to return to and settle in the UK.
If the visa application is successful, having been granted permission to re-enter the UK, the applicant's residential rights and benefits will be restored.
The Returning Resident visa application must be submitted from outside of the UK and the following validity requirements must be met:
- The application must be submitted on the ‘UKA/ROA/RR’ form or (for applicants under the Windrush Scheme) the ‘Windrush Scheme application (Overseas) form
- The applicant must be outside the UK
- The required fees must be paid (no fee is required for the Windrush Scheme)
- The required biometrics must be provided
- The applicant’s identity and nationality must be established
- There must be a record of the applicant being previously granted settlement in the UK, which has now lapsed due to the absence
On the application, the genuine intention to settle in the UK must be demonstrated as well as strong ties to the country through family, assets or business connections. Furthermore, the length of time the applicant had lived in the UK before their departure will also be a factor in considering whether there is a strong link. As such, the longer the period of residence in the UK was, the more reason will be to believe that the applicant has established a strong connection with the UK.
Important to note that when assessing an application, the Home Office will also take into consideration the reason for the prolonged absence, would it be medical treatment, caring for a family member, overseas employment/self-employment or studies. Overstaying due to inability to travel can also be taken into consideration.
Lastly, some applicants might be subject to a TB test requirement.
The application fee is currently set at £637. The current processing time is 3 weeks. If the application is successful, the passport will be endorsed with an entry clearance vignette valid for 3 months. The BRP card will be available for collection at a designated post office upon arrival in the UK.
At Chan Neill Solicitors LLP we have an experienced immigration team which has been successfully assisting applicants with a Returning Resident visa for many years. Do not hesitate to contact us for advice and assistance.
UK Mortgage | Legal Counsel Approved by Lenders
In the UK, a Loan is a way for most people, especially for office workers to buy a property. With rents in the UK going through the roof, more people are considering taking out a bank loan to purchase a property to have a stable place to live.
The most familiar procedure of purchasing a property is that once the budget has been confirmed and the offer has been accepted by the seller, the seller will need to appoint a property solicitor to handle the whole purchase process for them.
However, it is not necessarily for the buyer to appoint a solicitor with their will.
What is a Bank Panel?
The buyer’s conveyancing must transfer both the deposit and the loan funds to the seller.
When obtaining a loan to purchase a property in the UK, it is common practice to engage a property solicitor to represent both the bank, and the lender, and provide various legal documents.
Therefore, it is crucial to instruct a trustworthy property solicitor for the lender’s benefit.
This means the buyer must gain the Lender’s approval for their chosen property solicitor before proceeding. Failure to do so may result in the lending bank denying the loan application.
To facilitate the choice of property buyers, the vast majority of UK banks will pre-screen law firms that they believe are qualified, reputable and can be confidently instructed to add to their list of Panels to work with. That being said, banks are usually only willing with solicitors who are on their panel.
What can Property Solicitors do for Lenders?
If the property is purchased using a mortgage, the buyer will need to provide the Lender with the property solicitor’s details and the Lender will then need to transmit the Mortgage Offer to the solicitor.
Meanwhile, the solicitor is obliged to report to the Lender on relevant circumstances and changes regarding the buyer and the property, such as the results of the AML check on the buyer’s fund for the purchase of the property, and whether there has been a change in the price of the property.
*AML check – Anti-money laundering checks are one of the customer due diligence measures required by regulated businesses to comply with money laundering regulations and prevent financial crime.
All of this can potentially affect the amount the Lender ultimately lends to a buyer.
Before handing over the property, the solicitor will submit a title deed requesting the loan funding following the lender’s drawdown regulations.
So if the buyer doesn’t instruct a solicitor on the Bank Panel, will it still work?
Although there is no requirement to instruct a solicitor on the bank’s Panel to buy a house in the UK. But if you don’t, the Lender will employ another solicitor on their Panel in addition to the solicitor employed by the buyer to look after the transaction.
Then with the seller’s property solicitor, there will be a total of 3 solicitors involved in the property transaction and communication between the parties will take longer.
At the same time, the Lender’s legal fees for appointing a solicitor are generally paid by the buyer, and if the buyer does not choose the solicitor on the Panel, the buyer will have to pay an additional amount for legal fees, so it is not recommended that you do so.
Which banks are Chan Neill Solicitors on the Panel?
Chan Neill Solicitors has been established for 20 years and has built up a good reputation and credibility among clients and various partner organisations as a professional legal institution worthy of trust.
We are Panel members of over 60 banks and financial institutions in the UK, including Lloyds Bank, Barclays, HSBC, Metro Bank, Royal Bank of Scotland, Halifax and other smaller banks or financial institutions.
As well as providing legal services to both the buyer and the bank at the time of the purchase, our property solicitors can take care of the formalities required after handover, which include:
- Payment of Stamp Duty Land Tax ( SDLT)
- Land Registry
When the registration of the property is complete, the solicitor will forward the registered title to you to confirm that you own the property. The solicitor will also send a copy of the title deeds to your lender.
If you are planning to purchase a property with a loan, you are welcome to contact Chan Neill Solicitors on Instagram, Facebook, LinkedIn, and Twitter or call us on 020 7253 7781. Our team of property solicitors have extensive experience in acting for both local and overseas buyers and will be able to help you on your journey to settling in your new home.
Artificial Intellegence – a conveyancer’s friend or foe
Technology's influence has been reshaping traditional practices for generations. Conveyancing is no different and conveyancers are now having to come to terms with the integration of artificial intelligence (AI). AI is transforming conveyancer’s day to day working lives. It is changing how conveyancers obtain search results, conduct due diligence, ensure security and navigate regulatory complexities. However, whilst the use of AI can be used as a force to enhance the industry’s effectiveness, there will always be those who see opportunities to fraudulently manipulate technology and AI is certainly no exception.
The conventional process of gathering search results has often been hindered by delays and cumbersome data retrieval. AI is changing this narrative by swiftly scanning and sorting through large volumes of data. AI expedites the extraction of pertinent information, providing conveyancers with a comprehensive overview in a fraction of the time it used to take. This acceleration not only reduces waiting times but also allows for prompt decision-making, a crucial element in the time-sensitive world of property transactions. AI's integration into the realm of conveyancing is not only accelerating the acquisition of search results but also reshaping our approach to information retrieval.
Due diligence, a crucial phase of any property transaction, has traditionally involved laborious manual searches through extensive volumes of data. AI has revolutionised this process by rapidly scanning large datasets to reveal any point of note associated with a property, its owners, and its prospective owners. By automating this data intensive task, AI accelerates due diligence timelines and reduces the risk of crucial information ever being missed. Conveyancers can now offer clients a more efficient and comprehensive due diligence process, enhancing trust and the speed of transactions.
Navigating the intricate network of regulatory compliance and legislative changes is a challenge faced by all legal professionals, and particularly for those working within the everchanging frameworks of property related regulations and legislation. AI allows conveyancers to constantly monitor amendments, to keep pace with changing regulations and legal requirements. Conveyancers can rely on AI to stay up to date with the latest guidelines and legislation, ensuring that every transaction adheres to the highest standards of legality as well as ethical practice. This insight provided by AI offers conveyancers a sense of assurance that their transactions remain compliant in a constantly changing regulatory landscape.
The incorporation of AI into conveyancing is not just about expediting processes; it's about improving the entire experience for both conveyancers and clients. AI's speed in gathering search results, its predictive abilities in risk assessment, its ability to streamline due diligence, and its ability to help ensure regulatory compliance are helping the industry toward a future marked by efficiency and accuracy. As AI continues to evolve and integrate seamlessly into conveyancing practices, the industry is in a position to offer an even higher standard of service and assurance to those navigating the intricate world of property transactions.
Like many industries at this point in time, the advantages AI provides conveyancers must be met with caution. Whilst AI has emerged as a powerful tool with the potential to revolutionise the field of conveyancing, it also brings forth its own set of threats that must be carefully considered.
One concerning aspect is the emergence of AI-powered fraud schemes. As AI technology becomes more sophisticated, criminals will exploit it to create intricate and hard-to-detect fraudulent activities. AI-driven algorithms can generate fake documents, impersonate identities, and manipulate data, posing significant challenges to traditional fraud prevention methods.
The vulnerabilities in cybersecurity cannot be ignored. AI systems themselves can become targets of cyber attacks. If fraudsters manage to compromise AI algorithms or access crucial data, they can leverage the technology against the very systems meant to safeguard against fraud, potentially exposing sensitive client information.
Recently, fraudsters have been able to use public data leaks to use AI algorithms in order to comb through email accounts involved in leaks. The criminal’s algorithms will identify those accounts containing emails with key-words associated with property transactions. Once identified, the fraudsters will target said accounts, the accounts of property purchasers more often than not, with emails enticing purchasers to send funds to fake client accounts. Whilst clients may recognise that something is not quite right with the emails, the importance of personal relations is evident here. A client having full knowledge of their transaction, knowing that this may be a strange time to send funds, will prevent them from ever doing so.
Another critical consideration is the issue of human oversight. Although AI excels at processing vast amounts of data and recognising patterns quickly, it lacks the nuanced judgment and intuition inherent in an experienced conveyancer. Relying solely on AI systems for fraud prevention may lead to false positives, flagging legitimate transactions as fraudulent, or false negatives, overlooking genuine instances of fraud. AI algorithms learn from historical data, which can contain implicit biases. This can inadvertently lead to discriminatory practices, where certain individuals or properties may be unfairly targeted or excluded from transactions based on historical patterns.
Additionally, legal and ethical challenges come to light with the adoption of AI in fraud prevention. Determining accountability and liability for AI related fraud can be complex, raising questions about who bears responsibility when an AI system fails to prevent fraudulent activities is a fresh issue the industry does not have a definitive answer to.
To address these concerns, it is essential to strike a balance between implementing the advantages of AI and the significance of human involvement. Combining AI systems with human expertise and judgment can ultimately enhance the overall effectiveness of fraud prevention measures.
Looking to the future, there is of course a risk of overreliance on technology. The convenience and efficiency that AI brings might inadvertently lead professionals to become complacent in detecting potential fraud when they overly rely on AI systems to handle the task. Combining this with the use of AI by fraudsters themselves and there is certainly cause to be cautious of AI and its impact on the conveyancing process.
Legal work will always be an industry which requires a human touch. Clients rely on a conveyancers personal experience and person ability in the same way they rely on their skills in dealing with the law. Incorporating AI into the world of conveyancing has to be a conscious process which considers all advantages and disadvantages. As always, the client, their goals and their experience, will remain at the heart of all legal work. Conveyancing is no different.
How will new immigration rules affect international students and their families studying in the UK?
On 17th July 2023, the Home Office made some changes to immigration rules, the most significant of which is the restriction on overseas students bringing family members to the UK.
However, when the news was released in May, the Home Office announced the scheme expected to be implemented in January next year.
Unexpectedly, yesterday's Immigration Rules Update document announced without warning that the restriction on overseas students bringing family members had begun.
Today's post will focus on how this update to the immigration rules will affect overseas students.
Restrictions on student visa holders bringing family members to the UK.
The UK is home to several world-renowned institutions of higher education. Hence, so many international students from all over the world come to the UK every year to further their studies.
Students of all ages come to the UK for higher education, with many returning to study after starting a family.
To allow students to combine family life with study, the UK government has previously allowed holders of long-term student visas to bring their spouses and children to the UK.
Whilst student visa holders are subject to restrictions on working hours and other business activities, their spouses are free to work and do business in the UK whilst on a Dependant visa.
As a result, more and more people are using the combination of a student visa and a Dependant visa as a transition for the whole family to immigrate to the UK, which has led to the student visa being gradually abused and losing its original purpose.
This immigration rule update is also the result of the UK government's desire to stop the abuse of student visas and return them to their original purpose of serving academic research.
Overall, the Home Office has not applied a blanket rule on overseas students bringing family members with them. Instead, they have increased the requirements for overseas students who can bring family members with them, depending on the circumstances.
Currently (after 17th July) there are specific conditions for students to be able to bring their families to the UK:
- Government Scholarship students studying a programme of 6 months or more
- Full-time students studying a postgraduate or above programme (RQF level 7 or above) of 9 months or more.
Please note that the requirements will remain in effect until the end of this year, except for government scholarship students who will not be affected. Additionally, restrictions for students pursuing postgraduate or higher-level courses will be further strengthened starting from January 1, 2024.
Only the following two types of postgraduate or above courses commencing after 1/1/2024 will be allowed to bring dependants:
- PHD doctoral degree or other doctoral degree (RQF level 8)
- Research-based Higher Degree (RQF 8)
This update to the immigration rules is only for upcoming dependents of students, and applications for dependents of students submitted before 17 July will be reviewed under the previous rules.
Pathway requirements added for a student visa to other work/business visas.
Some new prerequisites for student visas to be converted to other work/business visas have been added to the Immigration Rules Update published on the 17th.
The work/business visas affected are:
- Skilled worker visas
- Visas within the Global Business Mobility Programme
- Tier 2 Minister of Religion Visa
- Overseas Chief Representative Visa
- British Ancestor Visa
- Global Talent Visa
- High Potential Talent Visa
- Expansion Worker Scale-up Visa
- Innovation Founder Visa
- International Athlete Visa
- Various short-term work visas, etc.
There were no special requirements in the previous immigration rules for converting a student visa to another work/business visa.
If the student found a company with employer sponsorship qualification that is willing to sponsor him/her for the corresponding work visa or fulfilled the eligibility criteria for a particular business visa, then the student could convert to the corresponding visa at any time during his/her student visa.
However, with effect from yesterday (17 July), one of the following conditions must be met to be able to convert from a student visa to a work/business visa:
(a)The applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
(b) Condition B:
(i) The applicant must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance; and
(c) Condition C:
(i) The applicant must be studying a full-time course of study leading to the award of a PhD with higher education provider which has a track record of compliance.
(ii) The Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than 24 months after the start date of that course.''.
The requirements for Global Talent Visa, High Potential Talent Visa and Innovative Founder Visa are more stringent, and only applicants who fulfil point 1 or 3 of the above conditions can complete the conversion from student visa to these 3 types of visas.
These are the highlights of this immigration rule update on the overseas student community.
There is no restriction on international students to stay in the UK after graduation. If they cannot immediately convert from a student visa to a work or business visa, they can still obtain a two-year stay on a Graduate Visa and look for work opportunities in the UK.
These measures are to prevent the misuse of student visas, work, or business visas, and to regulate the influx of immigrants to the UK. Additionally, they aim to enhance the overall quality of immigration.
Students undertaking advanced academic education and research in the UK will still be able to enjoy the right to bring their dependants with them, and the threshold between student and work/business visas will go some way to improving the quality of professional or business immigration.
Under the current criteria, if you wish to save time by completing a seamless transition from a student visa to a work or business visa to achieve permanent residence, we recommend you start your immigration pathway planning as early as possible.
The professional immigration team at Chan Neill Solicitors can provide you with the most suitable immigration solution based on your background. If you require any assistance, kindly reach out to us.
Account Freezing Order
What is an account freezing order (AFO)?
An AFO is an order granted by the Magistrates Court to freeze a bank account in the UK. This order is usually applied for by an enforcement officer, such as the police, if they have suspicion that the monies on account are part proceeds of criminal activities or intended for illegal purpose. The most common event is a large sum of monies transferred into a bank account or multiple deposits of cash into a bank account in a short period of time.
A common case
In a common scenario, you will first notice that you suddenly have no access to your bank account via mobile banking or online banking, or your balance in your account becomes zero. When you call the bank they may tell you that they are unable to deal with this or provide any information.
Shortly after, you either receive an AFO from the police or a notice of application for AFO from the court.
The threshold for the initial AFO application is quite low and the court is likely to grant it for an initial period of time.
Period of AFO
Once the AFO is granted, it would be subject to a period of time for the police to undertake the investigation as well as for you to provide an explanation and all evidence. The period of an AFO varies depends on the complexity of the case. The most common AFO lasts 6 months. If 6 months is not enough for you to the provide evidence or for the police to conduct the investigation, it could be extended up to 2 years.
Variation of an AFO
In the case that all monies that you could utilise are frozen in that bank account or you would need them for some urgent matter, you are entitled to make an application to the court to vary the AFO. You will need to demonstrate your reasonable living expenses and / or the urgency of the matter. You can also make application to pay your legal expenses from the frozen money.
Investigation
As mentioned above, during the investigation the police will ask you for an interview to answer questions they have or provide a written explanation of your funds. It is usually advisable to seek independent legal advice at this point before responding to the police. The main aspect is to give proper explanation for the funds in your bank account. For example, if some monies are your salary, you may need to provide your employment contract/pay slip or a confirmation from your employer if necessary to show that these monies are your rightful gain.
Possible results
If the police are satisfied with the clean source of funds, they will make another application to the court to set aside the initial AFO. Once the court approves that the police will inform the bank to unfreeze the account and release the monies to you.
It is also possible that, after the investigation, the police may decide to apply for the relevant amount or all of them to be forfeited, if they think those funds are the proceeds of crime. They will serve you a notice and you could raise an objection within a certain time period. If objected, you will need to make an application to set aside such forfeiture, the case will then proceed to the court for the judge to decide whether the forfeiture should be granted. You can seek legal advice for further details.
It is also open to you to apply to discharge the AFO if there are sufficient grounds
Seek legal advice
It is important to seek legal advice as soon as possible once you receive an AFO. Chan Neill Solicitors can provide expert guidance on the procedure and the best approach for your case. By assessing the validity of the AFO and carefully reviewing the evidence and circumstance surrounding the case, we can offer a variety of tactics to ensure the most favourable outcome for your case.
Illegal entry into the UK can harm your chances of getting permanent residence or citizenship
On 20 July 2023 the Illegal Migration Act 2023 received Royal Assent. Under the new Act, migrants who entered the UK illegally after 7 March 2023 will be barred from re-entering the UK or gaining residence or citizenship, and the ban will also apply to their UK-born children. The UK government will have a duty to refuse to process any asylum claims they make and to return them to their home country or a safe third country where their asylum claims will be processed.
The purpose of the bill is to " prevent and deter illegal immigration, particularly through unsafe and illegal routes, by requiring the removal from the UK of certain persons who enter or arrive in the UK in breach of immigration controls" '.
There are exceptions to this ban, however, as illegal immigrants may be exempted if they can prove that they have come to the UK from "a country which complies with the United Nations Convention on Refugees and where their life and liberty are at risk". However, since most illegal immigrants enter the UK through EU countries such as France, none of which fulfil these conditions, the threshold for exemption is quite high.
The United Nations has warned that the Illegal Immigration Bill passed by the British Parliament is inconsistent with the country's obligations under international human rights and refugee law and sets a worrying precedent for the abrogation of asylum-related obligations, which could be followed by other countries, including in Europe, and which could have a negative impact on international refugees.
The professional immigration team at Chan Neill Solicitors can provide you with the most suitable immigration solution based on your background. If you require any assistance, kindly reach out to us.
Financial Remedy
What is a Financial Remedy Order?
When a married couple petitions to divorce in the UK, they need to also resolve relevant financial issues. This is commonly referred to as financial remedy proceedings, with a Financial Remedy Order. This is a process by which a couple's assets and income are divided upon divorce or separation. The objective of financial remedy is to provide a fair and reasonable financial settlement between both parties.
Application
The procedure for financial remedy in the UK begins with an application to the court. The application form is called Form A. This application can be made by either party involved in the divorce or civil partnership dissolution. The application is made to the family court, which has the jurisdiction to hear and decide such cases.
First Appointment
Once the application is received by the court, the first step is to arrange a hearing to determine how to proceed with the case. At this hearing, the court will consider whether there is a need for further hearings and what type of financial remedy order is required.
The next step is to gather all relevant financial information from both parties. This includes assets, income, and expenses. Both parties are required to provide full disclosure in a Form E of their financial situation, including any debts, savings, pensions, and other assets. Both parties may raise questions regarding the disclosure. If a property is involved, the court may order to instruct an expert on valuation and tax issue. Failure to provide full disclosure can result in the court imposing a penalty.
Both parties shall exchange their proposals/offers to settle their case before the next hearing.
Financial Dispute Resolution Hearing (FDR)
If no settlement is reached, FDR will happen. The main objective of an FDR hearing is to encourage parties to reach an agreement on financial matters before proceeding to a final hearing, which can be expensive and time-consuming. The FDR hearing is an important stage in the financial remedy proceedings as it provides an opportunity for both parties to have a frank discussion and negotiate a settlement.
At the FDR hearing, the judge may provide an indication of how they would likely decide if the matter proceeded to a final hearing. This is intended to encourage parties to make a realistic settlement offer that is in line with what the judge might decide at a final hearing. If parties reach a settlement at the FDR hearing, it will be recorded in a legally binding court order, which can be enforced in the future.
Final Hearing
The Final Hearing is the last stage in financial remedy proceedings in England and Wales. It is where the parties present their evidence and legal arguments to the judge who will then make a final decision on how the couple’s assets will be divided. It is important to note that the vast majority of cases are settled before reaching the Final Hearing stage, either through negotiations or via alternative dispute resolution methods such as mediation or arbitration. However, if the parties cannot come to a mutual agreement, then the Final Hearing will be the final chance to make their case.
During the Final Hearing, each party will have the opportunity to present their case to the judge, including calling witnesses if necessary. The judge will then make a final ruling, taking into account all the evidence and legal arguments presented. The Final Hearing is a crucial part of the financial remedy process and it is important for both parties to prepare thoroughly to ensure the best outcome.
Conclusion
Financial remedy can be a complex and challenging process, and it is essential to seek legal advice from solicitors who have excellent knowledge and experience in family law.