What is a Skilled Worker visa? A Skilled Worker visa (previously known as a Tier 2 work visa) is issued to non-British and Irish nationals who wish to work in the UK for an employer who holds a Sponsor Licence in this route issued by the Home Office. The sponsoring employer will issue a Certificate of Sponsorship (‘CoS’) to the individual who will then make an online application. See Practice Notes: Sponsoring a Skilled Worker and Applying under the Skilled Worker route. Entry clearance application process The application process requires the individual applying for the Skilled Worker visa to complete an online form. As part of the application process, their passport/travel document details will be requested. EU nationals with a biometric passport can use the digital ID-check app process, which will allow them to download

A visa applicant applying under Appendix FM needs to apply from the country they are living in, unless they are applying under a relevant route with an exception. This is required by paragraph 28 of Part 1 of the Immigration Rules: ‘28. An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application.

An English civil parish council is a form of local authority. Parish councils constitute the first tier of local government and have statutory powers and responsibilities pursuant to the Local Government Act 1972 (LGA 1972) and associated legislation. As the parish council is a separate legal entity which has statutory duties

Court powers The English court has various powers which it may exercise in support of arbitration—see Practice Note: AA 1996—court powers in support of arbitration—an introduction. Extension of time for making the award An application to extend time for making an award can be made by the tribunal (on notice to the parties) or by any party (on notice to the other party)(ies) and the tribunal (AA 1996, s 50(2)). An application to extend time for making the award can only be brought after the applicant has exhausted any other arbitral process for obtaining that extension (AA 1996, s 50(2)). The application can be made whether the time fixed for making the award has expired or not (AA 1996, s 50(4)). Although it is comparatively rare for arbitration agreements to provide an express time limit within which awards may be rendered, there is at least

Notarisation According to section 12(e) of the Legal Services Act 2007 (LSA 2007), notorial activities constitute a reserved legal activity. LSA 2007, s 13(2) goes on to state: ‘A person is entitled to carry on an activity ('the relevant activity”) which is a reserved legal activity where— (a) the person is an authorised person in relation to the relevant activity, or (b) the person is an exempt person in relation to that activity.’ LSA 2007, s 18 provides which persons are authorised persons in relation to a relevant activity. Notaries undertake the administration and taking of oaths and affirmations. See Practice Note: Notaries

This Q&A deals with the issue of e-signatures. The question is whether two specific types of document, namely, a statement of truth and an IHT400 form, can be signed electronically. This may be particularly relevant in the context of coronavirus (COVID-19), which may mean that personal representatives (PRs) are house-bound, and also in circumstances where the postal system is restricted. E-signatures The current regime regarding electronic signatures derives from Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the eIDAS Regulation). This defines an ‘electronic signature’ as any data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign. E-signatures have been legally binding in the UK since 2000 under the Electronic Communications Act 2000 (ECA 2000) and the Electronic Signatures Regulation 2002, SI 2002/318. These

A limited liability partnerships (LLP) is formed and commences on registration in accordance with section 3 of the Limited Liability Partnerships

Can an LLP be a subsidiary of a company? Section 1159(1) of the Companies Act 2006 (CA 2006) provides that a company is a ‘subsidiary’ of another company, its ‘holding company’, if that holding company: • holds a majority of the voting rights in it, or • is a member of it and has the right to appoint or remove a majority of its board of directors, or •  is a member of it and controls alone, pursuant to an agreement with other members, a majority of the voting rights in it or if it is a subsidiary

Section 66 of the Companies Act 2006 (CA 2006) provides that a company must not be registered with a name that is the 'same as' another name already appearing in the register of companies. CA 2006, s 67 further provides that the Secretary of State may direct a company to change its name if it has been registered in a name that is the same as or, in the opinion of the Secretary of

Can an LPA Receiver seek an order for possession? The right to appoint an LPA receiver under the Law of Property Act 1925 (LPA 1925) arises when the mortgage money has become due (LPA 1925, s 101(1)(iii)) but is only exercisable when one of the three conditions for exercise of the power of sale is satisfied (LPA 1925, ss 109(1) and 103). However, it is common for that statutory power to be varied so as to be exercisable immediately on default. Under LPA 1925, s 109(3) an LPA receiver has power to: • demand and collect rent and other income (including by Commercial Rent Arrears Recovery (CRAR) (for commercial properties) or court proceedings as appropriate), and acts as agent of the mortgagor in so doing, and • to exercise any powers which have been delegated to him by the mortgagee under the LPA 1925 LPA

Where a mortgagor is behind on mortgage payments, or has committed another breach of the mortgage conditions, a mortgagee (the bank) may appoint a receiver, either by virtue of the conditions of the mortgage deed or pursuant to the Law of Property Act 1925. An LPA receiver’s primary duty is to the mortgagee to receive the income or rent of the property so that the mortgage debt can be paid. However, technically, the LPA is a species of agent for the mortgagor, even though he has been appointed by the mortgagee. The exact powers of the LPA receiver are usually outlined in the mortgage deed. In general, the LPA receiver will have management powers which are ancillary to his duty to bring about a situation wherein the mortgage is paid, and this may require his being active

Powers of an LPA attorney Subject to any restrictions included by the donor in the LPA, the attorney under a Financial Affairs LPA will be able to do almost anything which the donor could have done for themselves in relation to his or her financial affairs. However, there are limits to the attorney’s power. Entering into a deed of variation whereby the donor is giving up an interest is akin to the attorney making gifts on behalf of the donor. In general, an attorney has limited power to make gifts of the donor's assets. Gifts that are ‘reasonable’, having regard to the circumstances and the value of the size of the donor's estate, can be made by the attorney to persons (including the attorney) who are related to or connected with the donor on customary