DRSI LAW

United Kingdom

United Kingdom of Great Britain and Northern Ireland, otherwise known as the UK consists of four individual countries: England, Scotland, Wales and Northern Ireland. In January 2020, the UK ended free movement and will introduce a historic Immigration Bill to assemble a non national discriminatory PBS points-based system that will attract all foreign workers to contribute to the UK economy, both in the private and public services. The UK intends to create a high wage, high-skill, high productivity economy with international startups, entrepreneurs and foreign business UK headquarters.

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UK Family-based Sponsorship

Family Visa or a Settlement Visa

British citizens may sponsor their spouses, their common-law partners with whom they can prove that they have lived with for over 2 years, their fiancé,(é) or child, the parent or any other relative who’ll provide long-term care for them.

The procedure requires that the British citizen prove his financial stability is above a statutory level, that the foreigner has passed an approved English test and that their marriage is genuine. 

The grueling procedure can take several months and is very tough on the couple.  Just under 50% of spousal sponsorship applications are refused. Member of Parliament Olivia Chow calls this high refusal rate “cruel and arbitrary”

FAQ’s

I wish to sponsor my foreign wife but I do not understand the Financial requirements Guidance. I am currently self employed as a photographer, but also have a part time job in a restaurant? My father can show funds but these are in his account? How do I show that I fulfil the requirements?

Mike from Slough

DRSI LAW Response

“Mike, your question that you sent us is far from strange. The Home Office Guidance for spousal visas are extremely confusing. Let us assist you to understand your situation. 

If you look up the Guidance,   which is called : “Immigration Directorate Instruction Family Migration- Appendix FM”, you shall see that there are categories of income that can be accumulated together, and sources of income that unfortunately cannot be considered as one. 

The minimum income threshold for a Partner or Spouse who is applying under Appendix FM from 9 July 2012, without dependent children, is £18,600. An additional gross annual income of £3,800 is required for the first child sponsored in addition to the partner and an additional £2,400 for each further child

The onus is on the applicant to demonstrate that the financial requirement is met in their case.  Promises of support from a third party cannot be counted towards the financial requirement. So unfortunately, dad cannot help out by promising that he will sponsor your wife in the future. 

The following table shows how these sources can and cannot be combined with each other. See the relevant section of this guidance for further information:

So to answer your question, we can see in the table above that your earnings from your photography will fall under “SELF Employment”, which comes under Category “F”; and your earnings from your part time job in the restaurant will come under “Salaried employment” Category A or B ( if you have been with your employer for less than 6 months).  According to the table if we match the two together – we see a ☑️- which means the you are permitted to calculate both these earnings together. We wish you the best of luck Mike and hope that you are your loved one united together soon.

Should you need any further information, please contact us at

Corporate UK Immigration

Foreigners Working in the UK?

אישורי עבודה לממלכה הבריטית

  • Are you a British company looking to hire a foreigner?
  • Do you hire European citizens today and are wondering how to hire Europeans workers after Brexit?
  • Are you a foreigner with a fantastic one in a lifetime job opportunity in the UK?
  • Do you find yourself traveling frequently to the UK on too many business trips?
  • Has an immigration officer at Heathrow or Gatwick ever pulled you to the side to ask you questions about why you enter the UK or why you are staying so long?
  • Are you interested in renting a property in the UK, but the landlord will only rent it to a “resident”?
  • Are you staying for longer and longer periods of time during your “business trips”?
  • Are you considering opening a UK branch of your company soon?
  • Do you need to open a UK bank account and cannot because you are not a British resident?
  • Do you need to register with FCA, but are not permitted till you have a Tier 1 resident visa?

In order to answer the above, all foreigners must abide by the UK Immigration Rules while you are subject to immigration control. 
Review below the list of current UK work visas and DRSI Law shall be happy to expand on further details relevant to your case.
Main Most common UK Work permits OptionsUK Visas and Immigration runs two visa systems – a Point Based System aka PBS work visas, and a Non PBS system.

Main Most common UK Work permits Options 

UK Visas and Immigration runs two visa systems – a Point Based System aka PBS work visas, and a Non PBS system. 

Point Based UK Visa Options

  • Tier 1 Options are divided into options for Entrepreneurs, Investors, Startups and Directors
  • Tier 2 Options are for employees of a UK company.

Employees are divided into subcategories. Firstly your company must have a UK Sponsor License prior to helping your employee. DRSI Law, can assist with strategically planning the set up of your UK Company including:

  • Incorporation
  • Bank Account 
  • Intro to Accountants and
  • UK Tax advisors
  • Employment Liability
  • Insurance 
  • Intro to PAYE scheme,
  • HMRC and VAT
  • Seeking HR for your UK
  • staff
  • Introduction to many
  • Government accelerator
  • programs  

Tier 2 UK Sponsor Licenses for UK Companies

Tier 2 Working visas – 

For UK companies with either :

a) a branch abroad or

b) hiring a professional from the shortage occupation list or

c) hiring a professional after advertising the position for 28 days. 

d) hiring a highly paid staff member of over £152,000 pounds a year 

DRSI Law shall arrange the Sponsor License for the British company and guide the Company throughout the process including the advertisement and the Consular processing. The Processing time today is between 12 to 18 weeks.

See current list of UK Companies who have an A Rated Sponsor license. Should you be interested in working for a UK company – check if they are on this List. Recent article regarding sponsor license Compliance attached. 

https://drsi-law.com/uk-home-office-news-july-17-2019-tier-2-tier-4-a-sponsor-license-will-now-be-revoked-to-british-companies-hiring-foreign-employees-for-misbehaviour-such-as/

Further UK Common Work Visas

  • Tier 5 Creative visa – for artists, musicians, and writers

  • Tier 5 Government – for professional Researchers, medical professionals fellowships, etc

  • Tier 4 – Student visas – short term for English studies up to 11 months and Long term to cover the full degree

  • Domestic Workers – Any domestic worker such as your driver, au pair, nanny or caregiver that has worked with you for over 12 months, can apply for a 6-month Domestic worker visa in the UK to join their employer in his trip to the UK.

Overseas Representative Visas – 

You can apply to come to the UK as a representative of an overseas business if you’re from outside the European Economic Area (EEA) and Switzerland and you’re either:

  • the sole representative of an overseas company planning to set up a UK branch or a wholly owned subsidiary for an overseas parent company

  • an employee of an overseas newspaper, news agency or broadcasting organisation posted on a long-term assignment to the UK

See an example of DRSI clients Overseas Business Visa approved by Immigration

CASE STUDY 1 April 2019

Visa applicant is appointed as the senior employee of the UK Company and he has full authority to take operational decisions on behalf of the overseas UK firm for the purpose of representing the foreign parent company, in the United Kingdom. 

The applicant’s position today is as Head of Global Development Project Manager which is a senior position, but he does not have shares in this company. The majority of the business’ affairs will continue to be based overseas. The main objective of the company is to set up a UK base in order to expand the company’s activities by providing editing services to High-Tech companies in the United Kingdom. 
The Visa applicant does not intend to take further employment beyond his representation of the foreign company in the UK. He has the sufficient funds to maintain and accommodate himself. He will have no need to recourse to public funds. 
The applicant was approved an Initial UK visa for three years. Following this DRSI Law applied for an extension of Leave to Remain for a further period of two years. After five years in the UK, the foreign visa applicant may request Indefinite Leave to Remain and one year later, Naturalization and British citizenship. 

CASE STUDY 2 January 2020

Visa applicant came from an Israeli based company specializing in 3D imaging of the shop-floor environment, and the mapping of the movement of every object as consumers shop. The next stage of development is for the foreign company to enter the British & European market by registering a wholly owned subsidiary in the UK.

The foreign company wishes to establish a wholly owned subsidiary in the United Kingdom through the sole representation of their senior employee who has worked as their COO since June 2018. The Foreign company does not have any other UK branches or subsidiaries nor any other forms of representation in the UK.

Please contact DRSI LAW for an eligibility check of your case.

UK Immigration Global TECH

Leading & Promising Tech Entrepreneurs Wish to Work in the UK?

Are you a promising leader of your industry? Are you a mentor for others? Are you one of the brightest and best tech talent in your country? Do you wish to open your own company in the UK and are seeking funding from an innovative accelerator program?  

Are you a founder or a Senior employee with technical or business background? Does your business plan fall under any type of tech sub-sectors like fintech, AI, cyber, and games.

Are you more of a technical expert with skills and can demonstrate proven technical expertise in building, using, deploying or exploiting a technology stack Or are you more of a business founder who can demonstrate a proven commercial, investment, or product expertise in building digital products or leading investments in significant digital product businesses.

In order to answer the above, all foreigners must abide by the UK Immigration Rules while you are subject to immigration control. Review below the list of current UK work visas available for leading and promising entrepreneurs in all field of Science, Tech, business, art, fashion, medicine, engineering and more and DRSI Law shall be happy to expand on further details relevant to your case.

Main Most common UK Work permits Options

UK Visas and Immigration runs two visa systems – a Point Based System aka PBS work visas, and a Non PBS system. They are divided by your legal employment status. 

Tier 1 Options are divided into options for Entrepreneurs, Investors, Startups and Directors

Tier 2 Options are for employees of a UK company.

Point Based UK Visa Options

  • Tier 1 – Innovator visa –  You must have at least £50,000 in investment funds and you want to set up a new business and you have been endorsed by a Home Office Approved Endorsement company – see list https://www.gov.uk/government/publications/endorsing-bodies-innovator.
  • Tier 1 – Start-up visa – You have the vision to start up a new company and want to work at the same time for a UK employer and you have been endorsed by a Home Office Approved Endorsement Company – see the list:  https://www.gov.uk/government/publications/endorsing-bodies-start-up
  • Entrepreneur visa (Tier 1) – This visa category has been closed – but EXTENSIONS can still be made until 5th April 2023.
  • Tier 1 – Investors who have made an investment of 2,000,000 or more in a UK Company.
  • Tier 1 – Global Talent/promise in the science, humanities, engineering, medicine, digital technology or the arts as: as a recognized leader or an emerging leader or with a talented Promise – through an endorsement company.

Global Talent visa

The recent Global Talent visas are very diversified and separated to subcategories:

To get a Global Talent visa, you need to apply to be endorsed:

  • as a leader (exceptional talent)
  • as an emerging leader (exceptional promise)
  • under the UK Research and Innovation endorsed funder option
  • hold an approved peer-reviewed fellowship
  • are a senior academic or senior researcher at a UK university, college or research institute – check with your employer whether your role is eligible
  • will be hosted or employed in an approved UK research organisation and will provide critical contributions to work supported by a research grant or award from an approved endorsed funder

DRSI Law has a vast range of experience filing cases to the British fashion Council , Tech Nation, Royal College of arts, Royal Society, for science and medicine, Royal Academy of Engineering, The British Academy, Arts Council England and the UK Research and Innovation (UKRI), for research applicants. 

We evaluate your eligibility, guide you on the documentation to collect, edit the package in accordance to the strict requirements and follow through the entire process starting with an endorsement, till the visa stage. A recent case approval is attached here.

A recent article explaining in detail the process can be found here

 

The endorsing bodies are:

  • The Royal Society, for science and medicine
  • The Royal Academy of Engineering, for engineering
  • The British Academy, for humanities
  • Tech Nation, for digital technology
  • Arts Council England, for arts and culture
  • UK Research and Innovation (UKRI), for research applicants

In Arts – If your qualifying field is fashion, architecture or film and television, Arts Council England will pass on your application for review to:

  • British Fashion Council, for fashion
  • Royal Institute of British Architects (RIBA), for architecture
  • Producers Alliance for Cinema and Television (PACT), for film and television

The Academia

There are four routes for eligible academics and researchers to obtain endorsement for a Global Talent visa. 

The Home Office Guidance sets these out under the heading Science, engineering, humanities and medicine applicants, though a full range of academic and research disciplines are covered. 

  1. Senior appointments – fast-track endorsement for individuals who have accepted a job as a Professor, Associate Professor, Reader, or equivalent position such as Senior Group Leader, at an approved UK higher education institution or research institute, provided certain recruitment requirements are met. This route is administered by the British Academy, Royal Academy of Engineering and Royal Society.
  2. Individual fellowships – fast-track endorsement for individuals who have been awarded an individual fellowship on the list approved by the British Academy, Royal Academy of Engineering and Royal Society. The fellowship must be held currently or within the last 12 months.
  3. Endorsed funders* – fast-track endorsement for researchers and specialists whose name or job title is specified in a successful grant application from an endorsed funder approved by UKRI. In order to be eligible, researchers must be hosted or employed by eligible institutions named in Annex 2 of the Global Talent Immigration Rules.
  4. Peer review – standard endorsement for individuals who submit an application for full peer review by the British Academy, Royal Academy of Engineering or Royal Society.

The process can take several weeks to complete.

Please contact DRSI LAW for an eligibility check of your case.

UK Citizenship

All British citizens can live and work in the UK free of any immigration controls. You can also get a UK passport.

There are different types of British Citizenship and this depends on:

  • where and when you were born
  • your parents’ circumstances when you were born

Numerous factors to check your British Citizenship eligibility are as follows: 

  • born in the UK or a British colony before 1 January 1983
  • born in the UK between 1 January 1983 and 1 October 2000
  • born in the UK between 2 October 2000 and 29 April 2006
  • born in the UK on 30 April 2006 onwards
  • born outside the UK or are stateless
  • Your parents’ immigration status when you were born
  • Marriage to a British Citizen
  • Lived in the UK for over 5 years as a Permanent resident
  • Your parent was born in the UK 
  • Your grandparents were born in the UK but your parent lived in the UK for over 5 years and you are under 18 years old.

Get British citizenship

If you’re not a British citizen, you might still be able to apply to:

  • register as a British citizen – for example, if you have another type of British nationality
  • become a British citizen by ‘naturalisation’ – for example, after you settle in the UK

DRSI Recent Citizen Cases

March 2020

Mr D. was a 63 year old man whose mother had passed a few years ago. He was always told by his British mother that after several attempts to register him as a British Citizen at the British Embassy when he was a child, she had never been successful, and had eventually given up. His mother had been born in the UK, but at a young age she married a non UK citizen and left the UK. She never returned. She gave birth to D outside the UK and he had no siblings. She had shared with him her strong British heritage over his childhood, and over the years taught him many British manners. D. also spoke the Queen’s English with an excellent accent that was unflawed. After his mother’s passing, he read about our Law offices successes  online and was recommended by a friend and contacted our offices to see if there were any other options available to him to receive his duly deserved British passport. After research, DRSI Law soon found him eligible for British citizenship. His mother had unfortunately been discriminated against like many many others and before the enactment of the current British Nationality Act 1981, British women, and specifically only WOMEN, were actually prevented from transferring British citizenship to their own children who happened to be born outside the UK.  

At this time-, only British fathers were able to pass on citizenship as long as the birth was registered at a British consulate within a year. These individuals became British citizens by descent. This is where the law became Discriminatory and in 2003 the legislation was retrospectively amended so as to allow those born before 1983 to acquire citizenship through the female line. See The Advocate General for Scotland (Appellant) v Romein (Respondent) (Scotland). D. was very excited and in less than 8 months, his case had been approved and he is today a British Citizen by Decent. We have attached a copy of the Affirm your Allegiance interview and his Certificate of Registration as a British Citizen under Section 4C of the British Nationality Act 1981.

Dear XXX,
I am delighted to inform you that your Certificate of Registration has been received at the British Embassy in Tel-Aviv. You are now required to attend a Citizenship Ceremony where you will Affirm your Allegiance to The Queen, following which, your certificate will be handed to you and you will become a British Citizen.   
Accordingly, I would like to invite you to a short ceremony on Friday the 13th of March at 11.00 at the Ambassador’s residence, xxxxxxxx.

Below is the text you will be required to affirm:
“I  XXXXXXXXXXXX, do solemnly, sincerely and truly declare and affirm that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law”.

The pledge, given immediately after the Affirmation. The wording to be used is as follows:
“I will give my loyalty to the United Kingdom and respect its rights and freedoms.  I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen”.
Consular Section British Embassy

Case Study 2

March 2020

Yesterday our 6 year old client was granted British Citizen after a year long battle with the Home Office. Our clients were a young Eastern European Widow and her 6 year daughter whose

British born husband/ father had died suddenly before having the chance to register his daughter or get her a Passport. The mother applied for British citizenship through registration by decent to a British born father, for their 6 year old daughter and the Home Office requested copious amounts of evidence from all the maternity documents to DNA evidence with her deceased father, to chronological photos over the years of the family.

Everything had to be translated, notarised and cost the poor widow a small fortune. The young girl also had to submit a British Countersignature professional to witness her photo.  The new immigrants who had emigrated three months earlier from the Ukraine didn’t know anyone in Israel, especially who happened to be a British professional, who could countersign the documents. DRSI Law had to battle this obstacle through. 

When this wasn’t enough, the widow wife was summoned for a unique interview and had to fly to a British Consular Post outside of Israel to undergo a 60 min intensive and very emotional and personal interrogation about her genuine life with her husband. The Home Office knew of her financial situation but nevertheless would not agree for the interview to be taken in Israel. When she arrived in the British Embassy in Kiev, Ukraine, the interview was taken by video camera. She said that the questions brought her to tears, and she was shocked by the intensity of the interrogation when the Law clearly states, the daughter of a British born father born in wedlock is automatically a British Citizen.  The couple had been together for 10 years and were married ! 

And when the DRSILAW TEAM received the attached email that the case was approved and her little daughter can inherit her British Citizenship from her father, which is the only thing he left her to remember him by, we all rejoiced for justice.

Please contact DRSI LAW for an eligibility check of your case.

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