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Legal Focus

JANUARY 2013

Immigration UK Shiraz Peer

Immigration law is always a hot topic, and with the recent revision of the points-based system, even more attention is being focused on this area to see what effects the reforms will have. To find out more, Lawyer Monthly speaks to Shiraz Peer, Senior Lawyer at Peer & Co., a family-run immigration and human rights law firm based in Birmingham and London.

What are the main types of immigration-related cases you work on?

We take on all types of immigration cases from visitor visas to complex human rights cases and imminent removal and deportation cases. We have built up an excellent presence both in our Birmingham and London-Watford offices.

as you know, the points-based system has recently been revised. can you give me an overview of this?

Yes the government has amended the rules surrounding these types of applications. They have deleted Tier 1 ( PSW – post study work visas – allowing students who studied here to work for a two year period following their qualifications - ) They have also deleted Tier 1 ( Highly Skilled migrants scheme as well) The Tier 1 categories that are available are business visas, entrepreneur visas, investor visas. This is a very limited and restricted market and they are only targeting high net worth investors and candidates.

The government has held onto the Tier 2 provisions (previously known as Work Permit holders)

What will the main effects of this change be?

By restricting students to work after they have studied here has had a serious impact of the applications for Tier 4 (student visas). This has had a negative effect on the number of students applying for entry to UK universities, as they have decided to go to places like the USA and especially Canada and Australia. It has dented the student market here in the UK. By also deleting the Tier 1 HSMP scheme they have in effect told those who are highly qualified and

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experienced from outside the EU that they are not welcome to the UK. These people have also taken their skills and qualifications to other countries. Even whilst the scheme was in place from 2005, the UK Border Agency made so many negative changes to the scheme and really messed up the lives of families here. The UK Border lost their cases at the High Court on various points of law but because of their attitude it left a sour taste in everyone’s mouth who was involved in the scheme.

Restricting students to work after they have studied here has had a serious impact of the applications for Tier 4 (student visas).

What are the main issues to affect non-EU immigration?

The Home Office is very negative when it comes to EU law. They have tried on numerous occasions to incorporate their draconian UK Immigration rules to override EU law and they fail every time. They try to paint everyone with the same brush but EU Law is a beast on its own. It always overrides domestic immigration rules and the Home Office has tried for years to get around this but have failed.

What the key immigration issues within M&a transactions, divestitures and reorganizations?

Not sure the rules are the rules and these are point based applications – if you meet the points you get the visa. However there are

complexities when they are mergers and reorganizations etc, as job titles change and the descriptions change – fresh applications will have to be made. What we are finding is that more and more employers in the corporate market are not willing to now get involved in the hassle of supporting work permits or Tier 2’s when there are changes etc.

How can you as a firm help your clients involved in corporate immigration law?

We have expert knowledge and experience and we are kept updated on a daily basis with regards to all the rule changes etc and we are in a good position to help corporate clients through the web of all of the changes and help them take the hassle of dealing with the Home Office. We are a family run business so all contact will be with the two senior partners in the firm and corporate clients can expect the personal service and personal attention that they may not get from the bigger firms. Furthermore from a cost point of view they will appreciate that our fees are much lower and fairer that the average corporate immigration firm based in London.

Is there anything else you would like to add?

We are here to assist anyone who has a query or needs specialist immigration help. We are ready to take on the challenges and to assist our clients, both private clients and corporate clients through every process of the immigration applications and dealing with the Home Office. We have been established now for more than seven years and we pride ourselves on our success and client care. LM