Author: Wellers

Ambiguity in Widower’s Poorly Drafted Will Results in Family Stalemate

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The whole point of engaging a professional to draft your will is to make your wishes clear in precise and unambiguous terms. If your will falls below that high standard the result, as a High Court ruling showed, can be family stalemate after you are gone.

The case concerned a widower who died without children, leaving an estate worth over £600,000. By his will, he made some modest charitable gifts and bequeathed the remainder to ‘such all of my nephew’s and niece’s children’. It was agreed that the apostrophes in that phrase were misplaced and that he had not intended to benefit the children of only one niece and one nephew.

As at the date of his death, there were seven children of his nieces and nephews by blood who were clearly entitled to inherit under the will. However, an issue arose as to whether he had also intended to include the eight children of his deceased wife’s nephews and nieces in the class of beneficiaries. With the consent of all concerned, that issue was submitted to the Court for determination.

Ruling on the matter, the Court noted that, as a matter of strict and proper English, the words ‘nephew’ and ‘niece’ describe the son or daughter of a brother or sister. It was, however, permissible to consider the background context in deciding whether the words as used in the will were intended to have a wider meaning.

The Court noted that the man and his wife had been married for 46 years and that she had left him the whole of her substantial estate. In all their previous wills, they had benefited their own and their spouse’s blood relatives equally. The man made his final will only eight months after his wife’s death.

In ruling that the beneficiaries of the man’s will should include the children of his nieces and nephews by marriage, the Court found it unlikely that he would have wished to disinherit his wife’s family so soon after her death and for no apparent reason. His estate thus stood to be divided between 15 beneficiaries.

The Court noted that the crucial clause of the will contained grammatical and punctuation errors and was poorly drafted. The difficulty that had arisen could very easily have been avoided had the beneficiaries been specifically named. The case graphically illustrated the dangers of giving instructions for the drafting of a will over the phone, rather than to a solicitor face to face.

Object to a Planning Decision? A Lawyer Will Ensure Your Voice Is Heard

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If you object to a planning decision, an expert lawyer will ensure that your voice is heard loud and clear. In one case, a woman succeeded in overturning planning permission for the construction of 18 holiday lodges close to her rural home.

The local authority enabled the development by granting consent for the change of use of a greenfield site. It did so on the recommendation of planning officers, who pointed to the project’s economic benefits. They also stated that the lodges would not be visually obtrusive or significantly harm the area’s rural character.

The lodges fell within the statutory definition of static caravans and each of them could measure up to 20 metres long, 6.8 metres wide and 3.05 metres high. The applicants for permission said that the lodges would be clad in weatherboarding and a wood-stained finish to help assimilate them into the countryside.

Members of the council’s planning committee were advised by an officer that, as consent was only sought for a change of use, a request for further details in respect of the lodges’ design would not be justified. However, in upholding the woman’s judicial review challenge, the High Court reached the firm conclusion that that advice involved an error of law.

The nature of the application did not prevent the council from exercising planning control over the design of the proposed holiday lodges. At least some members of the committee were troubled by the design issue and it was some measure of their concern that councillors deferred making a decision on the application when it first came before them.

In quashing the permission, the Court found that, had the committee been correctly advised, it was highly likely that it would have exercised planning control by, for example, imposing a condition regarding the external materials to be used in the lodges’ construction. Given the limited design information submitted with the application, there was a very real likelihood that councillors would at least have requested further information in that respect before reaching a decision.

Don’t Even Consider a Foreign Adoption Without Specialist Legal Advice

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Adopting children from abroad can complete families and be of great benefit to all concerned. However, as a High Court case showed, it is fraught with legal pitfalls and should not be attempted without first taking specialist legal advice.

The case concerned a British citizen who adopted a child in Iran under Iranian law. The child had thrived in the adoptive placement. The parent launched proceedings in London, seeking recognition of the adoption in this country. The Home Office opposed the application on the basis that the criteria for recognition specified in the Adoption and Children Act 2002 had not been met.

Ruling on the matter, the Court noted that Iran has not ratified the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions. It is also not one of the countries where adoption is recognised by operation of the Adoption (Recognition of Overseas Adoptions) Order 2013.

The parent was domiciled in Iran at the time of the adoption and it was not disputed that the child had been legally adopted in accordance with the requirements of Iranian law. However, the Home Office argued that adoption in Iran does not have the same essential characteristics as adoption in England and that recognition should, for that reason alone, be refused.

The effect of an English adoption is to sever the legal relationship between the child and his or her biological parents. Section 67 of the Act provides that, if an adoption order is made, the child will be treated as if born to the adopter(s). Adoption orders made in this country can only be revoked in highly exceptional and very particular circumstances and such revocations are extremely rare.

The Court noted that those principles differ starkly from the position under Iranian law, where an adoption order does not extinguish the legal relationship between a child and his or her biological father. The threshold for revocation of Iranian adoption orders is also set at a much less demanding level.

The Iranian adoption had provided the child with much-needed security and stability. However, in refusing to grant recognition, the Court observed that the case turned not on the child’s welfare but on the interpretation of the legal principles through which English law recognises foreign adoptions.

The Court observed that an application for an English adoption order in respect of the child could be made under Section 49(3) of the Act if it could be shown that the child had been habitually resident in this country for 12 months. Any interference with the human rights of the child and the parent arising from the refusal to recognise the Iranian adoption was, in the circumstances, justified.

Family Dispute Underlines Wisdom of Making a Professionally Drafted Will

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Family disputes frequently focus on inheritance and can inflict immense anxiety and pain on all concerned. A case concerning a young man who died tragically when he stepped in front of a train, however, showed that the best way to avoid such conflict is to make a professionally drafted will.

The deceased, who had learning disabilities and mental health issues, was aged just 35 when he died but was a wealthy man due to an inheritance from his grandfather. An inquest resulted in a verdict of accidental death. Following his death, his mother was granted letters of administration on the basis that he had died intestate – without making a valid will.

However, his uncle by marriage, with whom he had had a close relationship while he was growing up, subsequently launched a probate claim on the basis that he had in fact made two duplicate wills prior to his death. The wills, under which the uncle stood to inherit cash and property, were in identical terms and were apparently executed on the same day.

The deceased’s mother claimed that the wills were forgeries which had been created several years after his death. She pointed to the fact that they had been signed on his behalf by a man who was later convicted of an unrelated fraud and jailed. The man, who signed the wills in exercise of an enduring power of attorney granted to him by the deceased, was not a solicitor but was on occasions willing to let others think he was. He had since died.

In ruling on the matter, the High Court acknowledged that the involvement of a fraudster in the wills’ execution created a potential for forgery. However, in finding that they were genuine, the Court could detect nothing in their contents to arouse suspicion. The fraudster gained nothing from the wills and, under their terms, the deceased’s mother and brother remained his principal beneficiaries.

After hearing evidence from handwriting experts, the two witnesses to the wills and others, the Court found that they were duly executed. They had been signed in the presence of the witnesses and the deceased, at the latter’s direction. The Court was also satisfied that the deceased understood and approved their contents.

The grant of letters of administration to the deceased’s mother was revoked and the Court pronounced in favour of the duplicate wills. Given the long history of dispute between members of the family, the Court also ruled it appropriate and necessary to appoint, in the mother’s place, an independent professional as executor of the estate.

The Points-Based Visa System

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How does the UK points-based visa system work?

A new points-based immigration system came into force in the UK on 1 January 2021.

The system requires non-UK citizens to apply for and be granted an appropriate work-related visa in order to enter the UK for work purposes. (There are exceptions for Irish citizens, British National Overseas passport holders, and certain other groups.)

The role must be with an approved employer (sponsor) and must be on the eligible job list.

Visa applicants must meet specific requirements relating to the job role they are going to fulfill and each requirement will provide a number of points relating to their visa application. If the applicant gains enough points, they will be eligible for the visa (subject to other immigration checks).

Skilled worker requirements

All persons coming to the UK to work must demonstrate the following:

  • they have the required standard of spoken English
  • they have a job offer from a licensed sponsor who is registered with the Home Office
  • they are a designated ‘skilled worker’ and can fulfill the job offer requirements

These and other criteria will help the visa applicant reach the required 70 points for the new points-based system.

From 15 February 2022, new immigration rules were introduced so that care worker and home carer roles could be fulfilled by overseas workers. The Health and Care Worker visa route is a sub-category of the Skilled Worker route.

What is a ‘skilled worker’?

Being a ‘skilled worker’, in terms of immigration applications, is less about the person and more about the job they will be doing. All ‘skilled worker’ roles are defined by Home Office criteria and relate to the skill level required to fulfill the job role.

For instance, a doctor with a medical degree and postgraduate diplomas is certainly a skilled worker, but if the role he or she applies for in the UK is for something unrelated and of a lower skill level, perhaps working as an administration assistant in a bank, the role would not gain ‘skilled worker’ status and the doctor would not be eligible to apply for a ‘skilled worker visa’ in relation to this role.

What is a ‘skilled worker’ role?

All job roles in the UK have a Standard Occupational Classification (SOC) code and each code carries a skill level. The Home Office sets out what level is required for a role to be classified as ‘skilled’.

The classification of a ‘skilled worker’ role involves looking at the day-to-day activities that will be carried out by the employee and the amount they will be paid for this work. An important-sounding job title alone will not be sufficient to achieve ‘skilled worker’ status for immigration employment purposes.

The government list “Skilled Worker visa: going rates for eligible occupation codes” states the required salaries/payment rates for each role, from chief executives to shopkeepers, chemical scientists to sheet metal workers.

According to the Gov.UK website, the immigration rules will be updated to expand the number of occupations which are eligible for the ‘skilled worker’ visa entry route.

There are different salary rules for some healthcare, and teaching and education leadership roles in the UK because they are governed by national pay scales which vary by geographical location.

What has changed in respect of ‘skilled worker’ visas?

Previously, applicants with a bachelor’s degree or an NQF Level 6 qualification or above would have fulfilled the entry requirements for a Tier 2 visa.

However, the points-based system opens up the entry requirements so that a number of job roles that previously wouldn’t have been eligible now fall under the ‘skilled worker’ category.

A ‘skilled worker’ will hold minimum qualifications of either NQF Level 3 or above and A-Levels (in England and Wales), or Higher qualifications (in Scotland). This means that a more diverse set of job roles can be fulfilled by non-UK citizens who qualify as ‘skilled workers’.

The points-based visa system – how to accumulate ‘points’

The points required to be able to apply for a ‘skilled worker’ visa will comprise of a set of mandatory and tradeable points.

Mandatory points – 50 required: The applicant must have a job offer from a Home Office licensed sponsor (20 points), the job must be at an appropriate skill level (20 points), and they must have the required level of spoken English (10 points).

Tradeable points – at least 20 required: Further points are awarded in relation to the salary (minimum salary to gain points is £23,040) and must be at least 80% of the going rate for the role. Tradeable points are also awarded for those with a PhD in a subject relevant to a job (10 points) or a PHD in a STEM subject relevant to a job (20 points).

Immigration lawyers for the ‘skilled worker’ route

If you need legal advice on immigration issues and visa applications, the team of immigration professionals at Wellers Law Group are here to help. We have appointments available for confidential fixed-fee consultations in which we can answer your questions and explain the immigration processes applicable to your individual situation.

To book your appointment call Rosalind Nunoo on 020 8290 7982.

 

Pre-nups and the need for proper legal advice

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A prenuptial agreement is a means by which parties entering into a marriage can attempt to protect their individual wealth and possessions. If a divorce becomes particularly acrimonious, a pre-nup may demonstrate to a court what the original intention of the parties was for their finances before the breakdown occurred.

While no legislation has yet been passed in England and Wales to make pre-nuptials legally binding or enforceable, a court might be guided by the agreement if it has been drafted correctly, if both parties have taken independent legal advice, if the agreement does not leave one party in financial need, and the court is satisfied that both parties were fully aware of the assets at stake and the ramifications of signing the agreement.

Since Radmacher v Granatino, the landmark Supreme Court case of 2010 in which a prenuptial agreement was upheld despite the husband’s challenge, various divorce financial settlement claims have been ruled upon in light of correctly drafted pre-nups. In WW v HW [2015] EWHC 1844 the court gave considerable weight to the couple’s pre-nup even though the husband’s needs were not provided for. The husband’s exaggeration of his financial circumstances when the agreement was signed became a significant factor for the court.

The following recent judgment in the family court is another good example of the circumstances in which a prenuptial agreement will not be relied upon in court.

The case of Mrs S v Mr H

In S v H [2020] EWFC B16, the parties had both been married and divorced previously; both spouses had children from previous relationships. While abroad, and just prior to their wedding on 8 June 2010, the parties entered into a prenuptial agreement.

It was the couple’s joint intention to conduct their married life in the UK, where Mrs S ran her successful business and her children were at school. Mr H was employed on a part-time basis by the business and he also provided primary care for Mrs S’s twin daughters.

Sadly, the marriage broke down and the Wife applied for a divorce in September 2016. The couple received their Decree Absolute on 9 July 2019.

In Mrs S’s financial settlement application she sought the full range of financial relief and relied upon the prenuptial agreement which provided for a separation of property.

However, Mr H was bankrupt and he sought a sum of £739,000 in order to pay creditors and satisfy his living expenses. The sum would also have allowed him to purchase a home.

A judge’s view of the pre-nup

The pre-nup had been signed just five days before the wedding; it was prepared by a notary under the local law of the jurisdiction in which the couple was married.

His Honour Judge Booth concluded that there was “no value in the prenuptial agreement”, acknowledging that the parties’ accounts of how they entered into the agreement differed greatly. He noted that neither party had received independent legal advice from a solicitor or other qualified person and that disclosure of their respective financial positions had not occurred. It was therefore impossible for either party to have been fully aware of the potential effect of the agreement they were entering into.

Making reference to the way divorce law has developed over the last few decades, and referencing Edgar v Edgar and Radmacher v Granatino, HHJ Booth sought to clarify the court’s position on the implementation of prenuptial agreements and that if enforcement of such an agreement would leave either party in a position of need, this fact would render the court unable to act upon the terms of the agreement. However, he noted, “the other side of the coin could be that where a husband who has nothing enters into an agreement that provides him with nothing that that represents a fair outcome”.

He concluded that if the couple’s prenuptial agreement were to be upheld it would clearly put the Husband in a position of real need and the only way of alleviating this need would be to contravene the terms by taking funds from the Wife.

The outcomes

Section 25 of the Matrimonial Causes Act 1973 requires the court to consider all circumstances of each case in respect of financial need and remedy. HHJ Booth ordered a transfer of 60% of the Wife’s pension sums, plus a lump-sum payment of £270,000 to be made to the Husband so that he could pay his debts.

Mrs S was also ordered to provide a fund for the purchase of a property in which Mr H could live, subject to a trust in favour of Mrs S so she would be able to recover the capital advance at such time that Mr H no longer needed the home.

Key points

When divorcing parties rely on a prenuptial agreement in their financial settlement case, a court will seek to determine whether both parties sought independent legal advice and whether that advice was suitable. The importance of instructing a family law specialist is therefore key.

Similarly, ff the court finds that a prenuptial agreement was arranged hastily, with very little time before the marriage occurred, this may be deemed to have resulted in pressure to sign and the court is unlikely to look favourably upon the contents of the agreement.

Lastly, the above case shows us the importance of full financial disclosure. The individual documents Mr H and Mrs S relied upon during their hearing were both rudimentary and contradictory and this was one of the main reasons the court felt the pre-nup had no merit.

Wellers Law Group family law specialists

Drafting a prenuptial agreement is complex and requires knowledge of the law as it applies to family cases. Wellers’ family lawyers offer a fixed fee, no obligation one hour interview so that we may provide you with initial advice and suggest the options for your next course of action.

It Always Makes Good Sense to Appoint a Professional Executor

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Most people would consider it an honour to be chosen as executor of a friend’s or relative’s will. However, as a High Court ruling showed, the legal responsibilities that go with such a role can be extremely onerous and it usually makes better sense to appoint an experienced professional to assume the burden.

The case concerned a businessman who died in 2007, leaving an estate which was at the time valued at about £18.5 million before tax. It had since emerged, however, that it might be worth up to £118 million. By his will, he appointed his younger brother and a more distant relative by marriage as his executors.

More than a decade after probate was granted in respect of the will, his widow and three children by his first marriage, who were beneficiaries of his estate, remained dissatisfied with the executors’ performance of their duties. After they claimed to have been kept in the dark as to the extent of their inheritance, they were granted an order requiring the executors to submit on oath a full inventory of the estate and to give a true and just account of steps they had taken to administer it.

In challenging that order, one of the executors contended that the administration of the estate had been drawn out largely as a result of an extensive investigation by HM Revenue and Customs into the affairs of the deceased. Given the continuing issues surrounding the estate, including the discovery of offshore companies which had greatly increased its value, an inventory and account would be meaningless and their preparation a waste of money.

In dismissing the appeal, however, the Court noted that executors are under a cardinal duty, enshrined in Section 25 of the Administration of Estates Act 1925, to keep accounts and records relating to the administration of an estate and to stand ready with an inventory and account of their dealings when called for. The executors had had a number of years in which to resolve the practical difficulties of administering the estate and their unconscionable delay in doing so amounted to a dereliction of duty.

Although there were procedural flaws in the way in which the widow and children had launched the proceedings, they had been remedied by the Court looking at the matter afresh. As they had been without a proper understanding of their inheritance for more than 10 years, that situation could not be allowed to continue and it was high time that the executors performed their duty to illuminate them.

If you need advice on making a will or on legal issues relating to executors or their role, please do get on contact.

Your Will at separation or divorce

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A divorce or separation is a very time consuming and emotionally taxing circumstance. The last thing you would want to do in this situation is worry about whether your Will is up to date.  However, not considering your Will could end up being rather costly to you and your intended beneficiaries.

It is common for spouses to be an executor and main beneficiary of each other’s Wills. So when you decide that the relationship is no longer working, it is likely that you will no longer want your spouse to benefit from your assets in the event of your death or be in charge of them. Accordingly, your Will would need to be reviewed as soon as you have made the difficult decision to part ways.

A divorce is not considered as valid until a decree absolute is granted. Should anything happen to you during the interim, your old Will remains valid and your estate would be administered accordingly. This means that your ex-spouse can still inherit from your estate.

A separation has no legal status without a court order. It also doesn’t invalidate your Will. A divorce also does not invalidate an existing will.  If the previous Will remains unchanged following a divorce, any gifts to your ex-spouse will fail but this does not necessarily mean that all unwanted consequences are avoided. The assets in your Will intended to originally pass to your ex-spouse may be governed by intestacy rules which may conflict with how you would have wished these assets to be distributed. Furthermore, if your ex-spouse was the named executor of your estate or one of them, this may mean that you are left without an executor and left to the law to decide who will be responsible for your assets. .

We would therefore strongly recommend that you put a review of your Will at the top of your to do list if you do find yourself amidst a martial dispute.

Changes to Visa schemes for STEM specialists

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At last, some Positive news for international students who wish to gain valuable work experience in the UK after studies. Boris Johnson has unveiled a new post-study work visa that allows international students to work in the UK for two years following graduation, reversing a 2012 decision by then home secretary Theresa May.

Johnson’s offices said that international students make up half of all full-time postgraduate students in STEM subjects. It is hoped that the new category will help recruitment and retention of the strongest global talent, while also promoting opportunities for future breakthroughs in science, technology and research.

New Global Talent Visa Scheme for STEM Subjects

Preparations for Brexit – and possibly even a no deal Brexit – are having an inevitable impact on UK immigration and employment law, giving immigration solicitors plenty to think about.

Now, following the announcement of recent changes to the Shortage Occupation List, the government of Boris Johnson has announced it is considering a so-called “Global Talent” visa for individuals with demonstrable excellence in science, technology, engineering and mathematics (STEM) subjects.

Johnson’s aspiration to “cement the UK as a science superpower” will begin with Tier 1 Exceptional Talent being rebranded as the new Global Talent visa category for which both EU and non-EU nationals will be eligible if they meet the criteria of ‘elite researchers and specialists’ in STEM subjects, and are either beginning their careers or have already established international recognition and reputation.

Immigration methods from Australia

Furthermore, the prime minister has asked the Migration Advisory Committee to consider the suitability of an Australian-style Points Based System. In fact, Johnson has been keeping a close eye on the immigration policies of the similarly conservative Australian government; just last year its immigration department piloted something it called the Global Talent Scheme.

There has been long-standing criticism of the current Tier 1 (Exceptional Talent) scheme, particularly from immigration solicitors, with many claiming it is inefficient and unnecessarily complicated to the point of being unfit for purpose. It is a heavily reference-based system in which, say critics, well-connected applicants may have a significant advantage over equally or more qualified but less well-connected peers.

The new Global Talent visa scheme would not have a cap – unlike the current Tier 1 which is capped at 2,000 applicants per year. However, unless the new scheme can reform systemic problems with Tier 1, this may be irrelevant; the 2,000-cap limit has never actually been reached.

How will Global Talent work?

Successful applicants will be issued with a three-year visa and will become eligible for indefinite leave to remain in the UK at the end of this period. As well as receiving permanent right to reside in the UK, they will be able to bring their dependants (spouses and children) to reside with them. Dependants will then have full access to the NHS, state education and the labour market.

Furthermore, candidates need not meet a minimum salary threshold and the status will not be tied to a specific job, meaning that the applicant will not need to have a confirmed job offer before arriving in the UK (unlike the existing Tier 2 route for skilled workers). Additionally, the new scheme will enable UK research institutes and universities to provide endorsement to exceptional candidates who have not been awarded a research fellowship.

The government also proposes the creation of an additional criteria that confers automatic endorsement (subject to immigration checks). Any person, of any nationality would be able to apply under the Global Talent scheme “fast-track” category.

Simplified

It is difficult to predict the full potential impact of the Global Talent visa. However, it does appear to be simpler than the Tier 1 (Exceptional Talent) scheme and should result in growth in the number of applicants. However, Britain’s scientific leaders are generally not in favour of Brexit and they are unlikely to feel that the Global Talent scheme sufficiently compensates for the post-Brexit ‘brain drain’ they anticipate.

Immigration solicitors in London and the South East

The Wellers Law Group can provide expert legal advice on immigration visas, appeals and more. UK immigration law is complex and ever-changing, so having a legal team of experts behind you during an immigration application or appeal hearing is crucial.

Contact Wellers today for an initial discussion of your situation, so that we can help you move forward with your immigration issues.

Immigration Update – The Shortage Occupation List

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In what may well turn out to be one of its last meaningful acts before a possible snap election, the government has announced that it has accepted the recommendations of the Migration Advisory Committee (MAC) which called for an expansion of the Shortage Occupation List (SOL). Here, Wellers’ immigration solicitors in London take a look at the recommendations and what they mean for employers in the UK.

What is the Shortage Occupation List?

The shortage occupation list is the government’s official list of occupations that cannot be sufficiently staffed by UK residents. In order to appear on the list there are three key requirements of a job:

  • there is a level of skill required for the job
  • there is a shortage of people employed at the job in the UK
  • there is sense in reducing the shortage through immigration

The Migration Advisory Committee carries out regular evidence-based reviews of the list and then makes recommendations which the government examines before deciding whether to ratify any suggestions for addition.

UK employers who wish to fill a vacancy for a position featured on the SOL with a person from outside the European Economic Area (EEA) and Switzerland must issue a Tier 2 certificate of sponsorship (CoS) and this can be done without any need to demonstrate that the Resident Labour Market Test (RLMT) has been met. In contrast, employers wishing to recruit a worker from overseas for a position which does not feature on the SOL list, must ensure that the person meets the Resident Labour Market Test.

The updated list

Prior to the latest MAC recommendations being accepted, the SOL list was most recently updated in 2013. However, in their most recent review the Migration Advisory Committee looked at potential changes to the British labour market which are likely to occur after Brexit and has, against this background, now provided an updated list of SOL occupations.

This updated list adds many roles, including those in the following sectors:

  • Medicine
  • Engineering
  • Teaching
  • Technology
  • Architecture
  • Science
  • Web design

The government has also said that it will look into another important MAC recommendation to pilot a scheme in which the SOL would be extended to meet some of the challenges faced by remote communities. Currently there is a Scotland-only SOL to accompany the UK list, and a 2018 White Paper made calls for SOLs to be drawn up for Wales and Northern Island. However, Professor Alan Manning, Chair of the committee, said that while the MAC recommends keeping the option open for additional lists, most of the shortages identified appeared to be occurring across all nations of the UK.

A parting gift

On 23 July 2019, Home Secretary, Sajid Javid told the Houses of Common in a statement, “The MAC recommended a number of changes to the main UK-wide SOL, expanding the list to cover a range of high-skilled occupations, including a number of health and social care, engineering and digital technology occupations…The Government is happy to accept all of the MAC’s recommendations on the composition of the SOL and the necessary amendments will be made in the autumn immigration rules changes.”

What this means for employers

The expanded SOL list is good news for employers as it means that they will no longer need to carry out the Resident Labour Market Test (RLMT) advertisement process for Tier 2 applications for those job roles newly listed under the SOL. Furthermore, occupations on the SOL will attract lower visa and application fees. The move should also lead to reduced sponsorship timescales.

Although the SOL changes have not yet taken effect, it is likely only a matter of time before the new home secretary makes the necessary announcement of changes to Immigration Rules in this respect.

Wellers Lawyers’ Immigration Services

Wellers Law Group can help you ensure that you are fully compliant with all the immigration rules that affect your business and your ability to employ foreign workers. Please call Rosalind Nunoo on 020 8290 7982.

We provide an immigration service UK wide and our immigration solicitors in London offer pragmatic assistance with the Points Based System (PBS), Tier 1 visas, Tier 2 visas, the Resident Labour Market Test (RLMT) and more.

For more information, contact our immigration lawyer team today.