Gary McIndoe

This Q&A looks at applications for entry clearance or further leave to remain as a partner or child under Immigration Rules, Appendix FM.

This Q&A considers the permanent residence of a non-EEA national family member under the EEA(PR) and the Immigration (European Economic Area) Regulations 2016.

This Q&A considers whether a Tier 2 (General) migrant (who is not a ‘high earner’) can hold more than 10% of shares in a company in the same group of the company which sponsors them.

This Q&A considers whether it is mandatory for a non-EEA National applying for permanent residence to disclose whether they have claimed benefits during the time they had an EEA residence card.

This Q&A considers whether it is possible for a sponsor licence holder to have a licence with one company but employ sponsored workers by another company in a group of companies providing the licence holder can comply with its sponsor licence obligations.

This Q&A considers whether it is possible to switch, in-country, to a spouse visa, from an offshore workers visa.

This Q&A considers whether it is possible to apply only for a Tier 2 (ICT) licence or whether it is necessary to apply for both Tier 2 (General) and ICT.

This Q&A looks at if is it possible to start sponsoring someone who is currently on maternity leave and in receipt of SMP, or does the sponsor have to wait until the person returned from maternity leave (assuming they currently have leave in another capacity that allows them to work for the sponsor and receive SMP, which would continue for that time).

This Q&A considers the minimum salary requirement for Tier 2 (General) migrants applying for ILR.

This Q&A considers Tier 1 (Entrepreneur) migrants, super priority service and what steps may be taken to expedite a decision.

This Q&A considers whether there is a discretion for the Home Office to grant the right to work in exceptional circumstances.

This Q&A considers whether there is any requirement for a non-EEA national with a right of permanent residence under the Citizens’ Directive to continue to live in the same household as their EEA national partner until such time as they are granted British citizenship.

This Q&A considers certificates of sponsorship and the effect of late applications.

This Q&A looks at evidence supporting a long residence application where the applicant is relying on a right of residence as an EEA family member. It also considers the treatment of periods where the person was without leave but had a right of residence under European law.

This Q&A looks at what the position is of self-employed skilled workers in a change of ownership situation where the incoming owner of the company wishes to continue to sponsor them in the same role, and whether they can make use of the provisions in paragraph C4 of the Workers and Temporary Workers: Sponsor Guidance Part 3 ie apply for a licence within 20 working days and confirm to UKVI that they will take responsibility for them despite not being employees.

This Q&A considers what funding rules apply to a graduate entrepreneur switching to the mainstream entrepreneur category, and who then goes on to extend leave as an entrepreneur.

This Q&A considers whether there is a requirement to tick to say that a company wants to advertise a role in Europe in order to satisfy the RLMT when advertising on the Universal Jobmatch website.

This Q&A raises some key issues to consider when an applicant (and their child) have held leave under Immigration Rules, Appendix FM as a partner (and child) for an aggregated period of five years, but the applicant’s relationship with the sponsoring partner is breaking down.

This Q&A considers what specified documents are required to demonstrate third party investment, and if there a restriction on where a shareholder can be registered, in respect of an accelerated Tier 1 Entrepreneur settlement application.

When applying to add a another company to an existing Skilled Worker Licence, you must provide evidence of common ownership or control. If the basis of common ownership and control to be used is that an individual owns shares in each entity, then that individual must have a majority shareholding in each entity. This Q&A looks at whether a 50% shareholding would be considered to be a majority shareholding for this purpose?