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PRACTICE NOTES
This Practice Note details the roles, responsibilities and requirements for the Authorising Officer, Key Contact, Level 1 users and Level 2 users (key personnel) of a sponsor in the Workers and Temporary Workers routes. It also looks at aspects relating to legal representatives. The Worker routes are: • Skilled Worker • Global Business Mobility (GBM)—Senior or Specialist Worker • T2 Minister of Religion, and • International Sportsperson The Temporary Worker routes are: • Charity Worker • Creative Worker • GBM—Graduate Trainee, Service Supplier, Secondment Worker and UK Expansion Worker • Scale-up • Government Authorised Exchange • International Agreement • Religious Worker, and • Seasonal Worker Certain sponsorship aspects looked at in this Practice Note are different for the UK Expansion Worker route. These are highlighted briefly below. For further information, see Practice Note: Sponsoring a UK Expansion Worker—The GBM: UK Expansion Worker sponsor licence aspects. When applying for a sponsor licence, an organisation must decide who will act as its 'Key Personnel' for the purposes
PRACTICE NOTES
When applying for a sponsor licence under Workers and Temporary Workers routes, an organisation must go through the following process: • step 1: decide which routes it wishes to include on its licence • step 2: assess its eligibility and suitability for each route and make any relevant changes to its HR systems • step 3: decide who will be the ‘key personnel’ • step 4: get together the appropriate documents for submission with the application • step 5: decide how many undefined Certificates of Sponsorship (CoS) it wishes to request for the first year of the licence—this does not apply for defined CoS under the Skilled Worker route • step 6: submit the online application and supporting documents • step 7: where relevant, prepare for and attend the Home Office site visit to the organisation's offices or digital compliance visit • step 8: receive the decision Steps 2 and 4 are dealt with in Applying for a Workers and Temporary Workers sponsor licence: eligibility and suitability,
PRECEDENTS
Affidavit in support of sponsor licence application for [insert full name of the applicant UK organisation] I, [insert full name of deponent (who must be a senior executive or senior partner in the applicant UK organisation)] of [insert address at which they work] Make oath and say as follows: 1 I am the [position title] of [full name of applicant UK organisation],
PRACTICE NOTES
This Practice Note is relevant to sponsor licence applications in the Global Business Mobility (GBM)—Senior or Specialist Worker, Graduate Trainee and UK Expansion Worker routes. It outlines the definitions and options for evidencing the ‘qualifying overseas business link’ which is required between a UK entity/branch and each overseas entity from which it wishes to transfer personnel under these routes. The Practice Note also sets out details of the other evidence that must be included with a UK Expansion Worker sponsor licence application which relate to the overseas business (UK footprint requirement, overseas trading presence and credible expansion plan). What is a qualifying overseas business link? When a UK-based organisation, or branch of an overseas company, is applying for a sponsor licence in the Senior or Specialist Worker, Graduate Trainee or UK Expansion Worker routes, it must show that there is a qualifying link between it and the overseas business that will be sending the worker(s). The nature of the qualifying
CHECKLISTS
Applying for a freezing injunction is not straightforward. There are many procedural and substantive hurdles that must be overcome in order to convince a court to interfere with a respondent’s ability to deal with their own assets. Matters are often complicated by the need to act quickly and seek urgent relief so as to prevent the imminent dissipation of assets. The Checklist below is intended as a starting point, listing various key matters which you should consider when preparing for and making the application. It is designed for use in a without notice application for a domestic or worldwide freezing injunction against a proposed defendant. For more detailed, general guidance on applying for a freezing injunction, see Practice Notes: • Freezing injunctions—guiding principles • Freezing injunctions—the application Pre-application considerations Before making an application for a freezing injunction it is important that the client fully understands and is prepared for the scale of the task to be undertaken, and that thought is given to the appropriateness of seeking this relief in the first place. Consideration                                                  Relevant guidance
PRACTICE NOTES
The frontier worker permit scheme allows EEA and Swiss nationals who are primarily resident overseas but who have previously worked in employment or self-employment in the UK prior to IP completion day (11 pm on 31 December 2020), to be able to continue to enter the UK in order to work here, without requiring permission under the post-Brexit immigration system. A frontier worker permit holder retains protection while they remain primarily resident outside the UK (as defined), and the route is not intended to lead to settlement in the UK. It is open to a person with pre-settled status under the EU Settlement Scheme (EUSS) to apply for a frontier worker permit where it becomes clear that they will not be able to meet the residence requirements for settled status. The permit has been more popular than initially anticipated, and there were 6733 permits issued in the year ending June 2021. It is an option that should always be explored where a UK business wants an EEA or Swiss citizen to
PRACTICE NOTES
This Practice Note summarises the eligibility and suitability criteria for organisations seeking to register as sponsor employers under Workers and Temporary Workers routes. The Worker routes are: • Skilled Worker • Global Business Mobility (GBM)—Senior or Specialist Worker • T2 Minister of Religion, and • International Sportsperson The Temporary Worker routes are: • Charity Worker • Creative Worker • GBM—Graduate Trainee, Service Supplier, Secondment Worker and UK Expansion Worker • Scale-up • Government Authorised Exchange • International Agreement • Religious Worker, and • Seasonal Worker This Practice Note mainly focuses on sponsor licence applications for the Skilled Worker, GBM—Senior or Specialist Worker, GBM—Graduate Trainee, GBM—UK Expansion Worker and Scale-up routes. The eligibility criteria for obtaining a sponsor licence are not located in statute law nor in the Immigration Rules; they are mainly contained within the Workers and Temporary Workers Sponsor Guidance. There is also supplementary guidance contained elsewhere on the UK Visas and Immigration pages of the GOV.UK website. In R (New London
PRACTICE NOTES
ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview. Non-EEA national direct family members of an EEA national have the right under EU free movement law to accompany or join the EEA national for as long as the EEA national
CHECKLISTS
The Office of Financial Sanctions Implementation (OFSI) is part of HM Treasury. It is involved in communicating about, implementing and enforcing financial sanctions in the UK. It also has various powers to grant licences that allow an activity or transaction to take place that would otherwise be prohibited under the UK financial sanctions regime. OFSI can only issue licences which relate to financial sanctions. If your application relates to another type of sanction, eg trade, immigration, etc, you must redirect it to the relevant Department. See further Practice Note: Understanding the financial sanctions regime. This Checklist pulls together requirements relating to applying to OFSI for a financial sanctions licence, together with recommendations on steps you can take to help make your application easier and quicker. These are taken from various sources, including the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) and regulations made under it, various pieces of OFSI guidance, and guidance from the Solicitors Regulation Authority (SRA). This Checklist signposts relevant content designed to help you comply with these requirements and recommendations.
CHECKLISTS
The Office of Trade Sanctions Implementation (OTSI) is part of the Department for Business, Innovation, Science and Trade. It supports businesses in understanding UK trade sanctions, has civil enforcement powers in relation to certain trade sanctions breaches, and is the licensing body for certain trade sanctions licences, including licences for the provision and procurement of certain standalone sanctioned services, as well as certain export-related prohibitions involving goods and associated ancillary services. Trade sanctions licensing responsibilities in the UK are split between different licensing bodies (depending on whether the activity involves standalone services, goods, ancillary services, or imports). You may need to submit separate licence applications if the activity to be carried out falls under the remit of more than one licensing body. See further Practice Note: Licences and exceptions in trade sanctions. This Checklist signposts key requirements and recommendations designed to help make your application easier and quicker for both you and OTSI. There is a section for you to mark whether you have completed each requirement and also to insert comments or note action
CHECKLISTS
This Checklist addresses the key points which applicants should consider when applying for an imaging order. It should be read in conjunction with the following Practice Notes: • Search and imaging orders—guiding principles • Search and imaging orders—making an application • The model search and imaging order • Search and imaging orders—execution of the order and next steps For guidance addressing how to respond to an application for an imaging order, see: Responding to an imaging order—checklist. 6 April 2025 changes The CPR provisions relevant to interim injunctive relief, including search and imaging orders, were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions, including the standard draft search order and form for an imaging order (included respectively in Annex A and Annex B of Practice Direction 25A), were revoked. In their place, the model search and imaging order entered into force on 6 April 2025 (the ‘model search and imaging order’). For further background, including links to the provisions in force
PRACTICE NOTES
Timing and procedure A claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service. Parties do not need to file or serve any evidence that has already been filed or served on the relevant party. The application is made in accordance with CPR 23. Form N244 may be used. The application notice must be supported by evidence. See ‘Claimant’s evidence’ below. See also Practice Note: How to make an application for a court order (CPR 23). Timetable for application Procedure for application: At least 14 days before the hearing of the application The claimant must file and serve on the respondent a copy of the application notice and supporting evidence: CPR 25.21(3) At least seven days before the hearing of the application The defendant must file and serve on every party to the application any written evidence they want to rely on: CPR 25.21(4) At least three days before the hearing of the application The claimant must file and serve on the