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Q&As
By virtue of paragraph 4 of Schedule 4 to the Housing Act 1988 (HA 1988), a family member who succeeds to a Rent Act 1977
Q&As
The Immigration Rules, Appendix Skilled Worker, para SW 18.1 says that ‘The applicant will be granted entry clearance or permission to stay until 14 days after the end date of their certificate of sponsorship’, while para 18.2(b) in the section on ‘Period and conditions of grant for a Skilled Worker’ states that a condition of leave is that ‘work is permitted only in the job the applicant is being sponsored for […]’. One reading of the latter paragraph might therefore be that where a Certificate of Sponsorship (CoS) has reached its end date, the individual can no longer be sponsored from the next day on. Para C1.8 in Part 3 of the Workers
Q&As
Lexis+® UK Immigration does not currently cover the Tier 2 (Minister of Religion) route. The Immigration Rules, Part 6A, para 245H states that the purpose of the route is to ‘enable UK employers to recruit workers from outside the EEA to fill a particular vacancy that cannot be filled by a British or EEA worker’. The relevant attribute in the Immigration Rules, is Immigration Rules, Appendix A, para 92(d), which provides that a Certificate of Sponsorship must: ‘confirm that the applicant will receive pay and conditions at least equal to those given to settled workers in the same role, that the remuneration complies with or is exempt from National Minimum Wage regulations, and provide details of the remuneration’ Our
Q&As
Practice Note: Applying under the Skilled Worker route states: ‘The start date given on a CoS must be the intended date that the applicant will start working for the sponsor. Entry clearance can be granted no more than 14 days before the start date given on the CoS. It is open for a sponsor to amend the start date via the sponsor management system (SMS) until the point that entry clearance or leave to remain is granted. Once entry clearance or leave to remain has been granted, a Tier 2 (General) migrant’s start date cannot be changed to more than 28 days from the later of: • the start date specified on the CoS, or as appropriately
Q&As
A private foster care arrangement will exist if the person who will have full-time care for more than 28 days of a Tier 4 (Child) migrant under the age of 16 (or under the age of 18 if they are disabled) in the UK is an adult who is not their parent, legal guardian or a close relative. A close relative is defined as a person over the age of 18 who is the child’s grandparent, brother, sister, step-parent, uncle (brother or half-brother of the child’s parent), or aunt (sister or half-sister of the child’s parent). For guidance, see Tier 4 policy guidance, paras 45–47. The Immigration Rules, Part
Q&As
Rectification is a remedy available where there has been a mistake in recording an agreement. If, because of an error, a written instrument (eg a deed or contract) does not reflect a preceding agreement between the parties to it (which can be oral), the court may rectify the instrument
Q&As
An insolvency practitioner's (IP) appointment as office-holder is personal to that individual. The appointment of an IP as supervisor of an IVA therefore is simply that: the appointment of the IP and not the IP's firm—see Practice Note: Role, powers, functions and duties of the nominee and supervisor of an individual voluntary arrangement (IVA). It may be possible to argue
Q&As
The Practice Note: Applying for a Workers and Temporary Workers sponsor licence: procedure notes that Skilled Worker is a Worker route, while the UK Expansion Worker route is a Temporary Worker route (the only Global Business Mobility route which counts as a Worker route is Senior or Specialist Worker). The Practice Note also confirms that, under the relevant sponsor guidance (Workers and Temporary Workers—guidance for sponsors part 1: apply for a licence/Fees), a business that wants to obtain a sponsor licence must pay a fee. This states that, as would apply to Worker routes, such as Skilled Worker: The fee for a sponsor licence depends on the type of licence you are applying for and the
Q&As
Applicable law—general principles The applicable law is the law that governs a dispute. In the EU, the parties have the right to choose the applicable law. Any law may be chosen, even one that may have no apparent connection with the underlying contract. This might happen in an international contract, where neither party wants to accept the other’s national law, but both agree to accept a neutral third party law. However, problems of litigating in one country’s courts, on the basis of another country’s laws, can be avoided by choosing the applicable law of the country having jurisdiction to determine any dispute. The
Q&As
Generally, in order for a company to qualify to grant enterprise management incentives (EMI) share options, it has to satisfy the following tests at the time of grant of the options: • independence test • qualifying subsidiary test • gross assets test • number of employees test, and • trading activities test For further details on each test, see: • Practice Notes: EMI—qualifying companies, EMI—trading activities • EMI scheme—flowchart to determine company's eligibility • Precedent: Enterprise management incentives (EMI) qualification questionnaire, which is also very useful to help determine which companies qualify to grant EMI share options This answer assumes that the EMI options are intended to be granted by the parent company and that the parent company meets
Q&As
On the same basis as explained in Practice Note: UK GDPR and EU GDPR—extra-territorial reach, this reply is drafted from the perspective of the position once the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) is incorporated into the EEA Agreement and refers throughout to the EEA (as further described in that Practice Note). The territorial scope of the GDPR is addressed in Recitals 22–25 and Article 3, which extends the reach of the data protection regime as compared with the preceding law. Practice Note: UK GDPR and EU GDPR—extra-territorial reach explains the territorial scope of the GDPR in greater detail and the narrow range of exemptions