Recently, the UK government’s own press releases spoke about ‘rolling out the red carpet’ for foreign entrepreneurs, with visa requirements for international business persons being relaxed.

All well and good for foreign businesspersons, but what opportunities does this create for established UK businesses?

The opportunities are as varied as the market itself.

The Entrepreneur Visa allows migrants to settle and set up businesses in the UK. They are required to invest 200,000 GBP into their new business.  More interestingly though, it also allows migrants to invest that 200,000 in existing UK businesses, and leverage that investment to relocate in the United Kingdom.

This presents an opportunity for UK businesses to fund growth through foreign investment.  We have UK based clients who are growing their retail business one store at a time through the entrepreneur visa.

Various government departments are now promoting the scheme and an increase in migrants setting up businesses in the UK is expected. Those who provide business support services will find rich pickings in this space.

How does the visa work?

Applicants will simply need to show that they have a good level of English, enough money put aside for their personal maintenance and that they have seed capital of 200,000 either held in their own name or in the name of a third party.

They do not need a business plan or a prior record of business. The seed capital requirements drop to 50,000, where the migrant has prior investment from certain UK venture capital firms or UK government funding.

The applicant then receives a 3 year visa for himself and his family. Once he arrives in the UK, he can then investigate what sort of business he would like to set up, (clear opportunities for franchisors exists here). So long as the business spends 200,000 and employs 2 persons, then after a 5 year period the migrant and his family obtain permanent residency in the UK.

Westkin are a leading UK immigration law firm. Comments and thoughts are gratefully received by Amir Zaidi

Investor Visas as a way for you to stay in the UK – A seminar

You are cordially invited to a Seminar by Westkin Associates Investor Visas Team at the London School of Economics on 1st December, 2011, 6pm.

Members of Westkin will guide you through the options for remaining in the UK after your studies.

With the upcoming closure of Post Study Work Visa in April 2012 what are your alternatives to stay and work in the UK?

The evening’s events will be commenced with a short introduction by Westkin’s head of Russian Team.

The seminar will be delivered by Westkin’s Head of Investor Team and will focus on a growing trend that Westkin is at the forefront of:

Using Capital Protected Investments of 750,000 GBP as a legitimate method for you to remain and work in the United Kingdom.

Other options will also be touched upon.

You will also have a unique opportunity for a bespoke private assessment with members of the team free of charge.

We very much look forward to seeing you.

The event is open to all and free of charge. Please book using the form below, or if this does not display, please RSVP to info@westkin.com.

By a 4-1 majority, the highest court in the land rejected an appeal by Home Secretary Theresa May against a Court of Appeal decision, which outlawed the ban as “arbitrary and disruptive”. The ruling is a victory for two couples that had fallen victim to changes to the immigration rules that prevented non-European under 21s from obtaining visas to join their British partners in the UK.

The Home Secretary had failed to establish that the rule struck a fair balance between the rights of couples in unforced marriages and the interests of the community in deterring forced marriages.

The ruling by the Supreme Court is a major blow to an immigration policy designed to stop forced marriages.
The High Court had initially backed the home secretary’s power to deny entry or settlement visas to spouses under the age of 21.

But declaring the rule incompatible with the couples’ rights, Lord Wilson said in the Supreme Court’s judgement the government had not shown a good case for interfering with the right to private and family life.

The implication of this is that you can now act as sponsor to your foreign spouse even where you are both 18 years old as long as you are both in a genuine relationship whether married or unmarried.

I am often asked to explain what the difference between a solicitor and a barrister by non- legal friends (or by foreign lawyers). The answer is usually simple, a barrister traditionally appeared at court or gave advice in preparation for a court hearing based on case prepared by a solicitor. One was not better than the other, they simply had different jobs to do to assist a client.

Logically it makes sense, Barristers were set up for distillation of intellectual capital, solicitors were operationally able to handle a vast variety of roles, particularly with a strong financial element.

This has been blurred by the fact that solicitors often attend court and barristers can take cases directly from the public.  Challenges abound – how can a barrister keep up his level of intellectual knowledge if he must find his hands tied in preparing bundles of documents which a solicitor normally does. How can a solicitor ensure that there is an appropriate level of

In Immigration Law, the position is more complex. The government regulates conduct of law firms who are not solicitors’ firms through an organisation called OISC.

These OISC organisations need to prove that each adviser has a proven knowledge in all aspects of immigration law they employ.

Which is best? Immigration Lawyers? Immigration Solicitors? Immigration Barristers?

The unspoken truth: By a long stretch, Immigration legal representation has a reputation for poor quality, poor lawyers and even dishonest conduct.

Is this reputation justified? The issue here is not an academic consideration of which legal field in worst in the UK, rather how does a client choose legal representation. How to choose the best amongst many bad apples?

The starting point is that there is no magic bullet.

A lawyer isn’t good because he is from your community, although he might be.

A lawyer isn’t good because he is regulated by a certain body, although he might be.

A lawyer isn’t good because he has a good website, although he might be.

A lawyer isn’t good even if he works for a good firm, although again he might be.

A lawyer isn’t good

The key issue here is that unlike an ipod, there is no consistency in what you buy as a consumer. One ipod is the same where ever, whenever and how you get it.

Services, like law, like immigration law are a relationship, are an experience based on the client paying for the knowledge and hard work of the lawyer.

How to assess whether the relationship is right for you? Which lawyer is best for you?

Don’t do it on the basis of one factor. Your minimum checklist should include:

1.  Is this lawyer telling the truth – ask them for the actual reason (ie actual caselaw or legal provision they are quoting from).

2.  Does this lawyer care about my case – do they give you time on the phone?

3.  Does this lawyer hold back information? – why do they just want to make the sale?

4.  Does this lawyer state in writing (even by email) what they say the costs will be?

5.  Does this lawyer state in writing (even by email) what your chances of success are?

6.  Does this lawyer state in writing (even by email) what they say the costs will be?

7.  Does this lawyer state in writing (even by email) how they propose to win?

8.  Does this lawyer give you a client care letter before you pay them money?

Overall, the more care you invest in your choice, the more you will get out of your choice.

We are often what I call the second lawyers in a person’s case. An immigration solicitor may have taken the case previously and due to some problem (not always the fault of the solicitor) the relationship may have broken down. Here are the top ten most common reasons we hear for clients wanting to remove their current solicitor or lawyer from their immigration case.

1.  My immigration case was refused due to incompetence from my immigration lawyer /solicitor;

2.  My immigration barrister was only assigned by my solicitor on the day of the hearing and didn’t know my case;

3.  My barrister didn’t fight for me at my appeal;

4.  My solicitor does not answer my phone calls – they seem too busy;

5.  My solicitor keeps on asking for more money;

6.  My solicitor does not specialise in immigration; but even I know more than them;

7.  My immigration lawyer keeps asking me to lie in home office forms or in my evidence;

8.  My previous lawyer has shut down, or even was forcibly shut down.

9.  My previous lawyer said I was only entitled to two appointments for the money I had spent, the rest of the time I had to log in to their online immigration system for answers and updates on my case.

10.  My Solicitor was deported from the country by the Immigration authorities! (only mentioned by one client, but totally true)

The fact is that you do not need a reason to change, it is your right and no-one else’s. If you want to change lawyers, you should do so.

However, you should always think about whether it is the right thing for you to do, immigration cases are complex, and it maybe that you don’t get a better result wherever you go.