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An individual voluntary arrangement (IVA) is an agreement entered into between an individual and their creditors (and possibly with third parties) for a composition of that person’s debts or a scheme of arrangement (scheme) of their affairs. In practical terms, an IVA takes the form of a written document (described as the ‘proposal’) that contains the terms on which the debtor intends to compromise or rearrange their various relationships
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A Tier 2 (General) migrant (the applicant) is required to comply with any conditions attached to their leave, examples of such conditions include no recourse to public funds and to primarily work for their Tier 2 (General) sponsor, as recorded on their Certificate of Sponsorship (CoS). Supplementary employment is permitted but in limited circumstances. See Practice Notes: Applying under the Skilled Worker route and Conditions of permission to enter or stay in the UK. Where the applicant will no longer work for their sponsor recorded on their CoS, they will no longer meet the requirements of a Tier 2 (General) visa. This is a common ground for mandatory curtailment under the Immigration Rules, Part 9, para 323A(i)(2). Curtailment is the method by which the Secretary State for the Home
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See Practice Note: Conditions of permission to enter or stay in the UK. People granted permission to enter or stay in the UK for a limited period frequently have conditions attached to their permission. These can include restrictions on work, occupation, study or claiming public funds, and a requirement to register with the police. A condition of permission can restrict or prohibit certain activities or access to certain services in the UK. It can also make a specified action mandatory. Section 3(1)(c) of the Immigration Act 1971 provides that any, or all, of the
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For information: • on holiday pay generally, see Practice Note: Holiday pay • on calculating a week’s pay generally, see Practice Note: Calculating a week's pay • on the national minimum wage/national living wage, see Practice Note: National minimum wage Under the Working Time Regulations 1998 (WTR 1988), SI 1998/1833, reg 16(1), during any period of statutory holiday, a worker is entitled to be paid at the rate of a ‘week’s pay’ for each week of holiday. WTR 1988, SI 1988/1833, reg 16(2) provides that sections 221–224 of the Employment Rights
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What is the regulatory regime under the Financial Services and Markets Act 2000 (FSMA 2000) Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out a regulated activity, or purport to do so, in the UK, unless they are either an authorised person (ie authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority), or an exempt person (eg by being an appointed representative). For an overview of the regulated activities regime in the UK, see Practice Note: What are regulated activities? Activities are regulated if they are of a ‘specified kind’ (ie specified by the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO 2001), SI 2001/544) which is carried on by way of business. For more information about
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Part 2 of the Withdrawal Agreement (WA) between the UK and the EU relating to the UK’s leaving the EU contains the agreed residence protections for EU citizens resident in the UK before the end of the Brexit transition period, and for British citizens resident in EU member states at the same time. The WA allows signatory states to implement this Part either via a constitutive system, whereby persons falling within scope need to make an application by a certain date in order to benefit from their rights, or via a declaratory system. The UK chose a constitutive approach, and implemented this via the EU Settlement Scheme (EUSS), found in the Immigration Rules, Appendix
Q&As
This question is answered in two parts. If an individual makes an in-time application for a fee waiver relating to a family visa application, do they benefit from section 3C leave while this application is considered? Looking at statute, the answer to this question might appear to be no—automatic extension of leave pending a lawful decision on an immigration application is provided for by virtue of primary legislation contained in section 3C of the Immigration Act 1971 (IA 1971); It has not been amended to take account of the current fee waiver process/regime for immigration applications, and simply requires an application for variation of leave to have been made. It is therefore unclear on the face of the statute whether an application
Q&As
A tenancy which has not been reduced to writing may nevertheless still contain terms regarding repair and reinstatement of alterations. These will be a matter for evidence as to what was agreed between the parties. Where the tenancy follows an express written lease, it may be found that the parties continued to base their agreement on the terms of
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Section 63 of the Local Government Finance Act 1988 (LGFA 1988) empowers the Secretary of State to make regulations covering the situation where an individual owes national non-domestic rates on business premises following their death. The Secretary of State has exercised this power in the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations, SI 1989/1058. The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations, SI 1989/1058, reg 24 covers ‘Outstanding liabilities on death’. This regulation applies where a person dies and at any time before their death they were (or were alleged to have been) subject to a non-domestic rate. Liabilities owed by a person who has died may be recovered from their estate with an unpaid National Non-Domestic Rates demand owed as at the date of their death or had become payable after their death. In such a case, the billing authority is required
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The higher rates of stamp duty land tax (SDLT) apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, conditions A to D are met: • condition A—the chargeable consideration for the transaction is £40,000 or more • condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • condition C—the purchaser owns an major interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has
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An escrow account is a segregated account opened by a third party (the escrow agent) for the purposes of holding cash on behalf of two or more parties until certain conditions for release of the funds from the account have been met. The arrangement often creates a trust, under which the named parties are beneficiaries. In the present situation, the beneficiaries
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The residence nil rate band (RNRB) is an addition to the basic nil rate band (NRB), which further reduces the inheritance tax (IHT) payable on death. It is applied to the taxable value of the estate, but differs from the basic NRB in that it is restricted to: • the value of a residential property interest • the estate on death, and