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Leave to remain with a partner of British national without a valid leave.

Overview

In this particular case our client is a cyber security company which amongst other services provides training. The company is still a relatively young company.

The company is planning to open up an Academy with universities in the UK as well as companies from around the world.

As part of their programme, the company had invited delegates from abroad to attend training. The three delegates had been to the United Kingdom previously as visitors. Although ultimately complying with their visitor visas, the delegates stayed longer than initially planned in light of the fact that there were other important events that required their participation.

Consequently, when the delegates applied for visitor visas once more in 2018, all three delegates were refused as the Entry Clearance Officer (ECO) doubted their intentions as to whether or not they were genuine visitors. The main thrust behind the ECO’s conclusion was the fact that the delegates had remained in the United Kingdom longer than initially explained in their application forms.

Our Immigration solicitors were instructed by this client to represent the delegates in a new application in January 2019. As part of the application, we explained the significance of the training events as well as establishing the delegates’ clear intention to return.

Outcome

The delegates were each issued with new visitor visas in the first instance. These training events were crucial to the company’s growth, so much so that our client has instructed Reiss Edwards to represent them in an application for a Tier 2 Sponsor Licence. The company’s vision is to recruit leading experts in Cyber Security in order to provide training as well as to proceed with training the next generation of students.

Achievement

Reiss Edwards is proud to represent companies which represent the community. Cyber-crime is increasing year on year and companies and individuals will need to become ever vigilant as technology improves and therefore at risk of being abused.

Cyber-crime can cause significant financial and emotional damage and Reiss Edwards is therefore proud to work with companies which seeks to promote and empower the next generation to ensure they have the knowledge to protect themselves and/or their companies from such harmful consequences.

Further, Reiss Edwards is proud to represent smaller companies who are seeking to grow and expand. Immigration is becoming increasingly important to companies in order to grow and expand and we are excited to assist and represent smaller or younger companies in their goals where we can.

Overview

This client is an educational institution which offers both Further and Higher Educational courses. One the College’s essential teachers (the Applicant) required work sponsorship in order to continue teaching at the College. This course had already commenced and therefore the College were concerned with the implications of some of the courses that the Applicant taught if they were unable to find a replacement or secure his Tier 2 work visa.

As part of the Tier 2 work sponsorship process, in the majority of cases, a Sponsor is expected to advertise the vacancy for at least 28 days. This is in order to satisfy the Home Office that they have genuinely tried to fill the vacancy with someone who holds British nationalityEuropean nationality or those who hold settlement status in the United Kingdom. This is known as the ‘Resident Labour Market Test’ or RLMT.

The Home Office have strict guidelines on how the RLMT must be conducted. The College unfortunately in their rush to submit the application and did not appreciate the importance of these guidelines. Consequently, the College’s application to sponsor the Applicant in October 2019 which was refused in November 2019.

We were contacted and instructed by the College on an emergency. An application for sponsorship (known as a Certificate of Sponsorship or CoS) for those on the visa that the Applicant’s held must be submitted by the 5th of a month in order to potentially receive sponsorship in the same month. Reiss Edwards was instructed by the College on 5 December 2019. Given the concerns expressed by the College as to the disruptions on their courses if the Applicant were forced to leave the United Kingdom, we agreed to represent the College on an emergency basis.

Outcome

The CoS application was submitted on time and was issued in December 2019.

We thereafter represented the Applicant with his Tier 2 work visa application which was granted in January 2020.

Achievement

No doubt, everyone appreciates that teaching staff is extremely important to educating children and young adults. Good teachers can often be very challenging for educational institutions – even more so when they require sponsorship to be able to be employed.

Our immigration solicitors were therefore extremely eager to assist the College in rectifying the mistakes made in their previous application and to ensure the existing students at the College were not disrupted in their education. This was the reason why we agreed to take on emergency instructions from the College in order to essentially submit the Certificate of Sponsorship application on the same day as instructions.

The Applicant being issued with his work visa also means that the College is now able to confidently offer the same courses for future students to enjoy and prosper from.

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