Legal News

Cash Forfeiture – A General Guide

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Law enforcement officers can sometimes seize cash either when it is being moved around, or during a search – even a search of your home. They will take it if they have reasonable grounds for suspecting it is recoverable property. Recoverable property means property derived from unlawful conduct. The minimum amount is generally £1000. It… Read more »

Conviction quashed in causing death whilst driving uninsured case

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Geoff_Payne

Causing death whilst driving uninsured, unlicensed or disqualified, an offence under section 3ZB of the Road Traffic Act 1988, is controversial. All that it requires is for the presence of an uninsured, unlicensed or disqualified driver on the road to cause the death of someone else. It does not have to be the only cause… Read more »

New Immigration Posts

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Two new immigration updates have been posted to our website: General Guidance for the Points-Based System General Guidance on Grounds for Refusal   A new legal update has also been posted on our news section on recent Home Office Enforcement Developments in illegal working.   More articles can be found on in our Immigration pages…. Read more »

Immigration Update – Tier 2

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The Home Office recently announced changes to the “skilled-worker” Tier 2 category of the Immigration Rules as follows: 1. The existing English Language requirement for Tier 2/ICT leave holders is to be revoked. Currently, those Tier 2 ICT (intra-company transfer) leave holders who wish to extend their leave in the UK beyond three years must have… Read more »

Tier 5 Changes

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  Under the existing Rules, two types of applicant can enter the UK under Tier 5 PBS, i.e. “Youth Mobility” and “Temporary Workers”.   “Temporary Workers” includes 5 sub-groups, namely Creative and Sporting, Charity Workers, Religious Workers, Government Authorised Exchange, and International Agreements.   Any applicant under Tier 5 will need a licensed sponsor to… Read more »

Applying to Study in the UK

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APPLYING TO STUDY IN THE UK STUDENT IMMIGRATION CATEGORIES ·       If you are thinking of studying in the UK, you need to be aware of the different types of student immigration category to ensure you apply under the correct route,  which best suits your circumstances and future intentions. ADULT APPLICANTS: ·       For those aged 18… Read more »

Immigration Post-Graduation

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IMMIGRATION OPTIONS FOR STUDENTS FOLLOWING GRADUATION IN THE UK ·       Students who graduate from UK universities may want to continue to reside here and undertake further study or work. There are several work options for successful graduates, as follows: TIER 2 GENERAL: ·       The student may be able to obtain an offer of a skilled… Read more »

Restricting Access to Health Care for Migrants in the UK

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RESTRICTING ACCESS TO HEALTH CARE FOR MIGRANTS IN THE UK – Proposed Changes   What are the current Rules regarding these issues?   ·         The UK Government have already introduced an “NHS Debtors Rule” (Nov 2011) which states that applications  for leave to enter/leave to remain in the UK  can be refused in cases where… Read more »

New Home Office Proposals

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NEW HOME OFFICE PROPOSALS – “Tackling illegal immigration in private rented accommodation”   WHAT ARE THE PROPOSALS?    The Home Office have launched three open consultations (see related articles) relating to prevention of illegal working, migrant access to health services in the UK, and proposals to set up a regulatory framework to oblige landlords… Read more »

Home Office Illegal Working Sanctions

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The Home Office have announced that they intend to strengthen their existing sanctions against businesses who are in breach of the illegal working regulations. CURRENT SYSTEM · Under the current system, a business can be fined a “civil penalty” of up to £10,000 per illegal worker found at a business premises. · In recent cases,… Read more »

Applying For A Business Visa

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BUSINESS VISITORS WHO CAN FIT INTO THIS IMMIGRATION CATEGORY?  Applicants wishing to be admitted to the UK as business visitors will be allowed to stay here for no more than six months (other than “Academic Visitors” who can stay for a maximum of twelve months).  As with all types of visitor, the business… Read more »

Representatives of Overseas Business

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REPRESENTATIVES OF OVERSEAS BUSINESSES    WHO CAN APPLY?   ·       Applicants in this immigration category must be recruited and employed outside the UK by a business which is primarily based outside the UK, including its Head Office.   ·       They must be seeking entry to the UK as a senior employee of a business with no branch/subsidiary… Read more »

Tier 1 Entrepreneurs

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TIER 1 – ENTREPRENEURS Who can apply? · Applicants who want to invest in the UK by setting up or running a business here may be able to qualify under the “Entrepreneur” immigration route (Paragraphs 245D to 245DF of the Immigration Rules). · It is possible to visit the UK as a “Prospective Entrepreneur” before… Read more »

Recent Home Office Enforcement Activity – Illegal Working

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RECENT HOME OFFICE ENFORCEMENT ACTIVITY – ILLEGAL WORKING AND OVERSTAYING   v  Immigration enforcement teams report that several arrests have been made in recent raids in the London area.   v  During the course of investigating business premises suspected of employing illegal workers, officers have arrested and detained workers alleged to be over-stayers in the… Read more »

Further changes to the Immigration Rules

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FURTHER CHANGES TO THE IMMIGRATION RULES – EFFECTIVE FROM 01.07.2013   ·         The Home Office have announced further changes to the Immigration Rules, which are due to come into force on 01.07.2013.   ·         Most of these changes are relatively minor, such as changes to the documents required for approved English Language Tests.  However, it… Read more »

Proposal to restrict Police bail

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The Law society made a freedom of information request and found out that there are more than 57,000 people currently on police bail awaiting a decision as to what action, if any, will be taken against them. Also the data shown was only taken from 34 of the 44 police forces in the country, so… Read more »

The Ricin Terror Case

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The Ricin Terror Case – our team of specialist defence lawyers acted for defendant acquitted of charges relating to the so-called Ricin Plot. Alleged Muslim fundamentalist plot to poison an infinite number of innocent civilians. Read BBC article

Illegal Working

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ILLEGAL WORKING – Recent Activity by Immigration Enforcement   v  Recent activity by Immigration Enforcement operations has highlighted the need for businesses to ensure that they are compliant with the law relating to illegal working. v  In a recent case in the UK, there is the possibility that civil penalty fines of up to £120,000… Read more »

Applying for British Citizenship – Good Character Requirement

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Applicants for naturalisation as a British Citizen need to be aware of the “good character” requirements they have to satisfy before their application will be granted by the Home Office. Please note that the law relating to immigration and citizenship changes frequently and we recommend that those applying seek advice before they make their application… Read more »

Becoming a British Citizen

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Nationality and Citizenship law are complex and we recommend that you take advice before you apply. v  Some people may not need to apply to naturalise, as they may already be British due to their parentage or birth. v  Other people may be eligible to register as British Citizens, due to their personal circumstances and/or… Read more »

Family Visit Appeals

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FAMILY VISIT APPEALS – Further changes to the Immigration Rules ·         The Home Office have announced that full appeal rights for family visit visa applications are scheduled to end on 25.06.2013. ·         The proposed changes are being introduced following grant of Royal Assent to provisions in the Crime and Courts Bill (published 10.05.2013). ·         It… Read more »

Immigration – Tier 1 Investors

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TIER 1 INVESTORS ·        This immigration route is available to individuals who have a sufficient level of resources to allow them to invest not less than £1,000,000 in the UK. ·         Successful applicants do not need to meet the English language or maintenance requirements. ·         They can bring their dependants with them if they qualify under… Read more »

Understand the latest “change to the knowledge of language and life”

Posted by & filed under Immigration news, Legal News, Uncategorized.

As you may know, from the 28th October 2013, unless they are exempt, all applicants for settlement or naturalisation as a British citizen will need to meet the knowledge of language and life requirement by: ·         passing the life in the UK test; and ·         having a speaking and listening qualification in English at B1… Read more »

Language and Life in the UK- Proposed Changes To The Requirements For Settlement and Naturalisation

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KNOWLEDGE OF LANGUAGE AND LIFE IN THE UK – PROPOSED CHANGES TO THE REQUIREMENTS FOR SETTLEMENT AND NATURALISATION FROM OCTOBER 2013 ·The Home Office have announced that they intend to make changes to the Rules regarding both settlement and naturalisation (citizenship) from 28 October 2013. ·From that date, applicants for settlement or naturalisation will have… Read more »

London Metropolitan University has re-gained its licence to sponsor International students.

Posted by & filed under Immigration news, Legal News, Uncategorized.

London Metropolitan University has re-gained its licence to sponsor International students. International students will be permitted to enter the UK to study at London Metropolitan University from the 9th of April. This decision follows the removal of the university’s sponsor licence in August 2012. A series of inspections carried out by the Home Office in… Read more »

Preventing Illegal working in the UK

Posted by & filed under Immigration news, Legal News, Uncategorized.

If you are a business operating in the UK you need to be aware of the law and compliance procedures concerning illegal working by overseas migrant workers. ·         This is because the consequences of getting it wrong are particularly serious for any business.  The Immigration Asylum and Nationality Act 2006 makes provision for civil penalties… Read more »

Sponsor Licensing – Tiers 2 and 5 of The Points Based System

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An employer has to show that they are both suitable and eligible and will fulfil their “sponsor duties” throughout the time they employ the skilled worker in the UK.  The Application Process ·         This requires the employer to supply specified documents to the Home Office to demonstrate that they can meet the requirements. ·         When… Read more »

Changes to the Immigration Rules

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From the 6 of April 2013, there are various changes to the Immigration Rules The changes to the rules are as follows: ·     The Tier 1 (Graduate entrepreneur) route, to include additional places for talented MBA graduates from UK Higher Education Institutions (HEIs). This will also include the UK Trade and Investment’s elite global graduate… Read more »

£15M Fraud Acquittal

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JD Spicer & Co. represented an acquitted co-defendant in one of the country’s biggest fraud trials costing the Inland Revenue £15 Million in PAYE, National Insurance and VAT. BBC News Article

Acquittal in Multimillion Pound Money Laundering case in Wolverhampton

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Senior Solicitor, Pretesh Chauhan, together with Mark Kelly of No 5 Chambers acted for one of nine Defendants. Acquittal following trial in a Prosecution (Operation Sister) which alleged the conversion of millions of pounds of criminal property from a variety of sources nationwide. Our client faced 9 counts in a complex 56 count indictment. After… Read more »

£115m Ponzi fraud

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It was described in the media as the biggest Ponzi Scheme ever to be tried in this country. Our client was acquitted at Southwark Crown Court of deceiving hundreds of victims out of £115 million by recklessly making a misleading, false or deceptive promise. He was also acquitted of one count of fraud in relation to… Read more »

Honey Trap Murder

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JD Spicer Zeb acted for a man accused  of murdering a boy of 16 who was lured to his death in a “honey trap” plot. The case was featured in a BBC docu-drama “My Murder”. Read BBC news article

VAT Fraud Court Appeal

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Philip Spicer who acted throughout the case instructed Queens Counsel to represent Mr R at the Court of Appeal Hearing. We submitted that cases of a similar nature were incorrectly decided. The Court of Appeal took on board the submissions and stated “We accept the submission that the total value of identifiable VAT reclaims made… Read more »

USA v R A

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USA v R A  –  Duncan Mcdonald Acting for the Defendant in a request for the extradition to stand trial for serious sexual offences. The principal issue is Article 8 of the ECHR.

Transatlantic Airline plot

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Transatlantic Airline plot – our specialist defense team acted in the long running  largest ever counter terrorism case of its type.

Acquittal in Large Charity Fraud

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Lisa Nicol and our in house barristers acted for a defendant acquitted in a case with 8 other defendants where our client was accused of money laundering in relation to a large scale fraud involving a fraudulent charity. charities fraud-money laundering-use of legitimate charities’ structure to defraud and launder several hundred thousand pounds through complex… Read more »