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Legal Developments by:
Kingsley Napley LLP

  • Financial assistance: whitewashed by the Companies Act 2006

    Undoubtedly, the most eagerly awaited provision contained in the most recent Companies Act 2006 (the 2006 Act) implementation in October 2008 was that in relation to financial assistance. One of the overall aims of the 2006 Act was to significantly reduce the administrative burdens involved with running a company. To what extent have the changes to the financial assistance regime eased the regulatory burdens on directors and the workload of their lawyers?
    - Kingsley Napley

Legal Developments in the UK

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  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‚Äėcentre of life test‚Äô in Surinder Singh cases?

    In the recent case of¬† ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan ¬† [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the ‚ÄúRegulations‚ÄĚ). It further found that it is not to be applied when Judges assess ¬†Surinder Singh ¬†cases that appear before them.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  
  • Can Sole Representatives Be Shareholders?

    The Immigration Rules require that an applicant for a¬† sole representative visa ¬†is not ‚Äúa¬† majority shareholder in the overseas business‚ÄĚ.
  • Immigration Skills Charge - A Guide for Employers

    As a Sponsor, you may be required to pay the Immigration Skills Charge (ISC) each time you sponsor a migrant in the  Tier 2 General  or  Intra-Company Transfer (ICT) Long-term Staff  subcategory.
  • 5 FAQS about paragraph 320(11)

    In applications for entry clearance where the applicant has a negative immigration history in the UK, the application may be refused under the general grounds for refusal, which are found in part 9 of the Immigration Rules. Where an applicant has ¬†‚Äėpreviously contrived in a significant way to frustrate the intentions of the Immigration Rules‚Äô,¬† the application could be refused under paragraph 320(11). In this post we look at five frequently asked questions about paragraph 320(11).¬†
  • Multiple nationality and multiple citizenship (including dual nationality and dual citizenship)

    British nationality law permits multiple nationality and multiple citizenship, including dual nationality and dual citizenship.
  • Applying for Indefinite Leave to Remain in the Exceptional Talent or Promise Category

    The  Exceptional Talent  and Exceptional Promise categories are for individuals who are recognised leaders or emerging leaders in their field of expertise. There are a number of endorsing bodies for lots of different fields of work, including  artists and musicians ,  architects ,  digital experts ,  scientists  and  academics . While there isn’t an endorsing body for every expert, the growing list means that many individuals could enjoy the flexibility that this category has to offer. 
  • PARALLEL PROCEEDINGS ‚Äď CIVIL AND CRIMINAL

    Syedur Rahmanconsiders the factors that determine when civil proceedings can go ahead before,or at the same time as, criminal proceedings relating to the same circumstances.
  • Rights of appeal after the Immigration Act 2014

    The Immigration Act 2014 (‚Äúthe 2014 Act‚ÄĚ) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal.¬†The¬† explanatory notes ¬†to the 2014 Act state that the Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed in s.82 of the¬† Nationality, Immigration and Asylum Act 2002 ¬†(‚Äúthe 2002 Act‚ÄĚ). As explained below, whether or not the refusal of an immigration application currently generates a right of appeal depends on the subject matter of the application rather than its categorisation.