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A third party debt order (TPDO) is a method of enforcement by which a judgment creditor may enforce a debt against money due and owing to the judgment debtor by a third party who is within the jurisdiction. This includes money held in the judgment debtor's name in a bank or building society or money owed to a self-employed judgment debtor in the course of his trade. The court has a discretion whether to grant a third party debt order and whether they do so will be dependent on the circumstances
Q&As
It is assumed in this answer that the tenant is a company and is occupying commercial premises for the purposes of a business. If the alienation provisions in the lease do not prohibit underletting, then a periodic tenant is free to underlet,
Q&As
A Tier 2 (General) migrant can undertake supplementary employment provided it complies with the requirements outlined in the Tier 2 Policy Guidance (the Guidance), which mirror the conditions of leave found at Immigration Rules, Part 6A, paras 245HC(d) and 245HE(d), as supplemented by the definition in Immigration Rules, Introduction, para 6 ‘supplementary employment’. Setting up a company in itself is not stated in the Rules/guidance to be incompatible with these requirements, and as such, this form of supplementary employment (providing the other requirements are met) should not contravene the conditions of a Tier 2 visa. This is in contrast to Tier 4 visas, for example, which strictly prohibit starting a business or engaging in self-employment. Note also that the definition of ‘employment’ in the Immigration Rules, Introduction, para 6 is: ‘unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work
Q&As
Paragraph 222 of the Tier 2 Policy Guidance states that: ‘You must also make a change of employment application if you are remaining with the same employer but: • there is a change to your core duties which means you change jobs and the new job is in a different Standard Occupational Classification (SOC) code to the one stated on your CoS. (This does not apply if the SOC Code for your new job has only changed because of reclassification within the SOC system by the Office for National Statistics)’ This section of the guidance does not differentiate between Tier 2 (General) and Tier 2 (ICT), suggesting that a new application due to a change of employment would be necessary where the migrant’s
Q&As
In this Q&A we have assumed that the worker is currently in the UK. We have limited this Q&A to cover the potential issues arising where a potential sponsored worker’s leave has just, or is about to, run out. We do not discuss general requirements to be met when a Certificate of Sponsorship (CoS) is issued. It is arguable that, in many cases, so long as all other aspects of a Tier 2 sponsor’s duties are complied with in relation to the issue of a CoS, such as the conduct of a resident labour market test and satisfaction of minimum salary and skill levels, the immigration status of a new hire is irrelevant, so far as licence compliance is concerned. While sponsor licensing places significant responsibility on the shoulders of an employer, including in relation
Q&As
When a Tier 2 sponsor issues a certificate of sponsorship (CoS) to a sponsored migrant, certain conditions of employment are confirmed when the CoS is assigned. This includes specifics such as the job title and duties, but also extends to the hours of work a migrant will complete per week and their salary. The conditions for leave in Tier 2 categories include: • working for the sponsor in the employment that the CoS records that the migrant is being sponsored to do, subject to any notification of a change to the details of that employment, other than prohibited changes as defined in Immigration Rules, Part 9, para 323AA, and • supplementary employment Certain ‘prohibited’ changes to a Tier 2 migrant’s employment may require a fresh application for leave which is commonly referred
Q&As
Paragraph 245ZX(b) of Part 6A of the Immigration Rules states that when applying for further leave to remain as a Tier 4 (General) student: ‘(t)he applicant must have, or last been granted, entry clearance, leave to enter or leave to remain: (i) as a Tier 4 (General) Student on a full-time course,
Q&As
There is, perhaps unsurprisingly, nothing in Immigration Rules or published UKVI guidance about whether a student can set up and establish a charity in the UK. Certain kinds of work are expressly prohibited, but establishing a charity is not featured in this list. Under the Immigration Rules, those with Tier 4 (General) leave cannot: • be employed as a doctor in training (except on a recognised foundation programme) • be employed as a professional sportsperson (including a sports coach) • be employed as an entertainer • be self-employed (except where you are awaiting a decision on an application you have made for leave to remain as a Tier 1 (Graduate Entrepreneur) migrant) • engage in business activity, or • fill a full-time, permanent
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Sections 27C–27Y of the Employment Rights Act 1996 (ERA 1996), inserted by the Employment (Allocation of Tips) Act 2023, require employers to: • pass on all tips and service charges to workers without deductions, except in very limited scenarios, such as deduction of income tax • ensure that tips are distributed in a fair and transparent manner when the employer takes control, or exerts significant influence, over their distribution • have regard to the statutory Code of practice on fair and transparent distribution of tips (Code of practice) on fairness and transparency of tip distribution when they are distributing or influencing the distribution of tips There is nothing in ERA 1996, ss 27C–27Y to say that the employer’s tips policy must provide
Q&As
A Turkish national who is: • a worker • duly registered as belonging to the UK’s labour force (ie is paying tax and national insurance contributions), and • who has been in legal employment with the same employer for at least one year can apply for an extension of stay as a Turkish worker. For further information on this category,
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The position regarding the recognition of foreign lasting powers of attorney (LPA) in the UK is summarised in Practice Note: International issues relating to the protection of vulnerable adults. We suggest you start by reading this Practice Note, in particular the section on ‘International issues relating to the protection of vulnerable adults—Enduring and Lasting Powers of Attorney’ and section 63 and Schedule 3 to the Mental Capacity Act 2005 (MCA 2005). You should then read the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, r 23.1 and Practice Direction 23A—International protection of adults (PD 23A) which both relate to the international protection of vulnerable adults. You will see from the above Practice Note that a foreign
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A company can make a Gift Aid donation subject to similar restrictions as applied to Gift Aid donations by individuals. Legislation for companies is set out in sections 191–202 of the Corporation Tax Act 2010 and the Company Taxation Manual (CTM09010) deals with ‘charitable donations’. Essentially, the donation must be made to a charity. There is a statutory definition of charity in section 1(1) of the Charities Act 2011. It is any institution which: '(a) is established for charitable purposes only, and (b)