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Legal Developments in the The UK Legal 500 2017

Minister Unveil How ‘Settled Status’ Applications Will Work

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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immigration Minister, Brandon Lewis has set out how the government plans to register three million EEA nationals living in the UK who will be invited to apply for Settled Status.

The Guardian reports that Mr Lewis informed peers that the online the application process for Settled Status would go live in the second half of 2018.

The immigration minister also stated that the increasing number of EU nationals being deported from the UK since the EU referendum in June 2016 was “…good news for the British public because we should be doing everything to remove foreign national offenders”.

He added that a court case this week would clarify the legality of deportation of rough sleepers who are EU nationals. We will keep you up to date with this as news breaks.

How to Carry Out a Resident Labour Market Test

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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If you have successfully acquired a UK Sponsor Licence and are looking to recruit workers from overseas in 2018, you need to understand that the Resident Labour Market Test (RLMT) is an imperative part of UK Sponsor Licence holder’s duties. When recruiting talent from outside the EEA, ensuring that every RLMT is correctly undertaken is a crucial step in the hiring process. Fortunately, by engaging one of London’s best immigration solicitors, you can ensure that you conduct a fully compliant RLMT. In fact, an immigration solicitor can manage the entire process on your behalf, leaving you or your HR team free to concentrate on other parts of the business.

The RLMT procedure is relatively straightforward; however, HR directors and/or employers can risk making costly mistakes if the process is not run correctly. And in the current political climate in which Theresa May’s government is dedicated to making it tougher to recruit from outside the UK, the Home Office is alive to any deviation by businesses from the RLMT rules. Failure to conduct a correct RLMT can result in immigration officials refusing to grant a Certificate of Sponsorship.

Hiring in expert consultants can help you avoid the pitfalls associated with conducting an RLMT. At OTS Solicitors, our experienced immigration lawyers can manage the entire process for you, ensuring you are compliant at every stage.

International Families – Can You Relocate After a Divorce?

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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If you want to move countries with your children after a divorce, it is not as simple as just jumping on a plane and waving goodbye to your old life. Regardless of your reasons for wanting to relocate with your children after a divorce, your ex-spouse may be able to prevent you from moving.

Custody battles involving relocation after divorce can be emotionally and financially catastrophic, which is why you must instruct the best family solicitors in London. Just ask former Gossip Girl star, Kelly Rutherford, who declared bankruptcy following a six-year custody battle with her German ex-husband, Daniel Giersch. In a widely reported decision in 2012, a Californian judge ruled that Rutherford and Giersch should retain their 50/50 arrangement over their two children, but because Giersch was forbidden to enter the United States, the children must remain living in Monaco and attend school there. Rutherford launched a series of legal appeals; each one was denied.

Oscar-winner Halle Berry also fought a bitter battle of relocation with her ex-partner, Gabriel Aubry, with whom she has a daughter. After the couple separated, Berry met her new (and subsequently ex) husband, French actor Olivier Martinez. She wished to move to France with her daughter, a move that was fought by Aubry on the grounds it would interfere with their joint-custody arrangement. In 2012, a judge denied Berry’s request to relocate.

We deal with many cases involving international families, where one party wishes to move back to their home country following a relationship breakdown. And fortunately, most cases are dealt with calmly and respectfully, with the best interests of the children at the forefront of any decisions made.

Government Doubles the Number of Tier 1 (Exceptional Talent) Visas

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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The UK government has announced that “as part of its ongoing commitment to welcome talented people from across the globe, and in recognition of the importance of these innovative industries to the UK”, it is doubling the amount of Tier 1 (Exceptional Talent) Visas it offers.


OTS Solicitors Succeed In Helping An EEA National And Her Daughter Obtain Permanent Residence Cards

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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By Oshin Shahiean, of OTS Solicitors

Oshin Shahiean is a founding partner at OTS Solicitors. He has years of experience in Immigration law and has handled hundreds of applications from EEA nationals for permanent residence Cards. Oshin is also regularly called on to provide expert opinion on television and print media, both in the UK and internationally.

OTS Solicitors is a Legal 500 recommended law firm, and we have won numerous other awards for our immigration services (including a Global Excellence Award for the Most Trusted in Immigration law). My team and I regularly advise and represent EEA nationals who are facing difficulties obtaining an EU permanent residence Card.

The decision by the UK to leave the European Union has left many EEA nationals who live and work in the UK feeling incredibly vulnerable. Eight months after Article 50 was triggered, a move that officially notified the EU that the UK would exit, the rights of EEA citizens residing in the UK is still yet to be formalised.

The Home Office has also admitted it is struggling to recruit the staff required to process the surge in applications received over the past eighteen months from EEA nationals for EU permanent residenceCards.

Domestic Violence Victims Can Appeal An Immigration Decision

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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The High Court has held that victims of domestic violence can appeal on human rights grounds if their application for Indefinite Leave to Remain is refused.

This decision is incredibly empowering for victims of domestic violence who are fighting to remain in the UK after divorcing the perpetrator of the abuse, and that person is the sponsor of their UK spouse visa. London immigration Solicitors have expressed their relief that the courts have not shut down the options for domestic violence victims, many of whom would fact ostracism and further abuse if they were made to return to their home country.

Extension for Tier 1 Entrepreneur Visa Swiftly Granted Thanks To OTS Solicitors

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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Our team has an intrinsic understanding of the aspirations of those who come to the UK via the Tier 1 Entrepreneur Visa route. This is because we have dealt with so many extensive applications and have taken the time to listen to our clients’ stories. For most applicants, the ability to settle in the UK is of utmost importance.

OTS Solicitors is a Legal 500 recommended law firm based in London. We have won numerous other awards for our immigration service, including a Global Excellence Award for the Most Trusted in Immigration Law. My team and I regularly support Tier 1 Entrepreneur Visa applicants to obtain their visa, an extension and ultimately, Indefinite Leave to Remain.

Record Number of Tier 1 Investor Visas Granted In the Third Quarter of 2017

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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According to figures released by the Office of National Statistics, 114 UK Tier 1 Investor Visas were granted in the third quarter of this year, up from 85 in Q2; an increase of 34% on the quarter and up 247% since the same period last year.

Our international Immigration consultants were involved in a significant number of these successful applications.

This indicates that despite initial fears of Brexit hurting the UK economy, investors from Russia and China continue to see Britain as a prime country to relocate to.

Overseas investor confidence in the UK has been further confirmed with news a US-based life sciences investment fund is planning to invest up to $1 billion to create a large biotech company in the UK. In addition, Facebook has announced it is planning to create 800 jobs in London over the next year, showing it is confident in the long-term growth prospects of the UK. Finally, two large pharmaceutical companies have stated they plan to invest more than £1 billion into research hubs in London and Manchester, creating over 1,000 new positions.

What If Meghan Markle Cannot Get ILR or British Citizenship?

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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Like everyone across the country, the London-based immigration lawyers OTS Solicitors are delighted at the news that Price Harry is engaged to American actress Meghan Markle, best known for her role in Suits and her humanitarian work. Ms Markle has announced she will become a British Citizen, and just to assure us that the same rules apply to the Royal Family as to ‘normal folk’, she will be “working towards obtaining citizenship” over the next months/years.

As she is from America, Ms Markle would not have required a visa to spend time with Prince Harry while they were dating. This is because citizens from Canada, Australia, New Zealand, parts of the Caribbean, the United States and large parts of South America can come to the UK for up to six months without a visa.

Now that Ms Markle has made moved to the UK permanently it is likely Ms Markle is in the UK on a Fiancée Visa. Once she is married, it is likely she will switch to a UK spouse visa. And, as has been pointed out in many UK papers, fortunately, Ms Markle will not need to worry about Prince Harry not being about to meet the Minimum Income Requirement of £18,600 (he is estimated to be worth around £25 million). The adequate accommodation requirement will also be unproblematic – the couple plan to reside in Nottingham Cottage, located in the grounds of Kensington Palace.

What happens next, the application for Indefinite Leave to Remain and British Citizenship can be tricky; although probably not for Ms Markle. It is likely that palace staff have looked into the bride-to-be’s background, making sure no embarrassing skeletons appear from her closet that could prevent her obtaining British Citizenship. Examples could include having a criminal record or having broken British immigration rules in the past.

However, just for argument’s sake, let’s imagine what would happen if Ms Markel was turned down for Indefinite Leave to Remain or British Citizenship.

Changes To The Immigration Rules Coming Into Effect From 11th January 2018

February 2018 - Immigration. Legal Developments by OTS Solicitors.

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The UK government has recently announced significant changes to the immigration rules, which will start coming into effect from 11th January 2018.

OTS Solicitors is highly recommended in the Legal 500 for immigration and human rights law. We have also been selected by the 2017 Global Excellence Awards as the Most Trusted in Immigration Law: UK. We provide the best legal advice to businesses and individuals throughout the UK, South East Asia, Russia and the Middle East.

In an explanatory note, the Home Office states the purpose of the imminent changes includes:

  • clarifying rules for Tier 1 Entrepreneur Visa applicants
  • allowing for electronic entry clearance issuing
  • allowing standard and marriage/civil partnership visit visa holders to transit using the same visa
  • eliminating inconsistencies relating to Indefinite Leave to Remain (ILR) for applicants and their dependents in work visa categories such as Tier 2
  • increasing the number of Tier 1 Exceptional Talent Visa issued to 2,000 per annum and provide for accelerated settlement for certain applicants
  • developing new Tier 2 provisions for research positions and for students switching from a Tier 4 Visa