Archives: Expertises

Insolvency & Restructuring Solicitors in London

Our Insolvency & Restructuring Solicitors achieve those outcomes through expert insolvency service and commercial advice in all areas of insolvency, corporate recovery, restructuring and turnaround situations. We advise on major corporate restructuring and formal insolvencies, and represent individual creditors and other stakeholders.

For banks and financial institutions, insolvency practitioners, creditors, debtors, companies and directors, talk to GSC about:

• Business rescues
• Turnarounds and work-outs
• Enforcing security rights
• Protecting creditors’ interests
• Receiverships
• Liquidations
• Corporate and individual voluntary arrangements
• Administrations
• Directors’ duties and responsibilities
• Bankruptcy
• Sequestration
• Restructuring

Our clients include banks and financial institutions, insolvency practitioners, creditors, debtors, companies and directors. Receive tailored insolvency service.

Employment Law Solicitors in London

Employing staff has become increasingly complex due to frequent legislative changes.  Getting the law wrong can be very expensive for employers, particularly if they have to defend themselves in an Employment Tribunal.  Terminating employment can be complex and legal advice can help you avoid any claim.

GSC’s Employment law solicitors advise on all aspects of employment law from appointment to dismissal and employment tribunal proceedings. We represent employers and individuals in cases of unfair dismissal, race, sex, disability and age discrimination, and unlawful deduction of wages.

We can also advise you on policies and procedures that can help prevent claims arising in the first place. Talk to us about your:

• Employment contracts
• Service agreements
• Staff handbooks
• Sickness absence policies and application
• Family friendly policies
• Employee Option Scheme
• Termination of employment
• Settlement agreements
• TUPE transfers
• High Court litigation
• Breach of contract
• Injunctions to enforce restrictive covenants
• Actions for breach of copyright and confidentiality
• High value claims for non-payment of bonuses.

For information on our charges, please refer to: Employment Fees

SPONSOR LICENCE APPLICATION TO SPONSOR MIGRANT WORKERS FROM THE EU AND OUTSIDE THE EU

SPONSOR LICENCE

To sponsor migrant workers from the EU and outside the EU, you will need to apply for a Sponsor Licence. The Sponsor Licence allows you, as an employer, to legally employ workers from outside the UK and the EU.

TYPES OF LICENCE

There are two types of licence employer can depend on

1. Worker Sponsor Licence – for long-term workers in different types of skilled employment who can work up to 3-5 years. Categories of the licence are

• Skilled Worker
• Senior or Specialist Worker visa (Global Business Mobility)
• Minister of Religion
• International Sportsperson

2. Temporary Worker Sponsor Licence – for workers who take on employment on temporary basis

• Scale-up Worker – up to 6 months
• Charity Worker – up to 1 year
• Creative worker – up to 2 years
• Religious Worker – up to 2 years
• Government Authorized Exchange
• International Agreement
• Graduate Trainee
• Service Supplier – up to 6 or 12 months
• UK Expansion Worker
• Secondment Worker
• Seasonal Worker – up to 6 months

ELIGIBILITY

To be eligible for Sponsor Licence:

• Your business must be based in the UK and have a genuine need for migrant workers
• You must also not have any history of immigration violations or breaches of employment law
• You must not have a sponsor licence revoked in the last 12 months
• You must have appropriate systems in place to monitor sponsored employees
• You must have a nominated key personnel who will be responsible for managing the sponsorship duties

HOW WE CAN HELP WITH THE APPLICATION PROCESS

Our Corporate Immigration team at GSC Solicitors LLP can guide your business throughout the Sponsor Licence application process. This includes advising on the merit of applying for the licence, the initial compliance requirements, assisting with the application preparation, as well as post-application advice.

SPONSOR LICENCE IMMIGRATION COMPLIANCE

What can GSC do for your company?

We specialise in UK immigration and our dedicated Sponsorship & Compliance Team is always up-to-date with Home Office policies and regulations related to the employment of migrant workers.

A company is conferred with many responsibilities when Sponsor Licence is granted by Home Office. As a business, you will need to ensure that you are properly complying with the rules set out by the Home Office.

Compliance review

We provide Sponsor Licence compliance review and retainer services to help sponsors of foreign workers in the UK to meet their obligations under UK’s immigration laws.

Sponsor Licence compliance review services involves assessment of sponsor and whether they are meeting UK’s immigration laws and regulations. The goal is to recognise any area of non-compliance and to help sponsors take actions to ensure that they have all the correct records and that their duties are met.

Retainer

Designed to complement your HR department, our retainer services can be customised to cater to your business need.  This include assisting with level 1 duties and providing ad-hoc immigration advice as and when needed.

As immigration rules and requirements can change over time, the retainer will offer sponsors the peace of mind that they have access to proficiency and support to comply with their Sponsor Licence duties.

Speak to our Corporate Immigration team to discuss how we can help your company.

Securing the rights of EU nationals

The European Economic Area (EEA) is a group of 30 countries*, whose nationals are allowed to work and live in the UK, by exercising their rights of residence. This means that if you are an EU national, you can reside or seek employment in any EU member state you want, including the UK. You also have the right to ask for immediate family members to join you in the UK, if this is the country you choose to reside and work in.

Family members are considered to be (1) partners, (2) children (including adopted offspring), (3) grandchildren, (4) dependent (to some extent to you or your partner) parents, and (5) dependent (to some extent to you or your partner) grandparents. Unmarried partners are usually considered as extended family members. However, their application could be considered if they are in a lasting and continuous relationship with the individual already residing in the UK, and fulfil certain other criteria.

Extended family members, such as siblings and cousins do not have the automatic right to live in the UK. There are additional requirements that they have to meet first so that they can obtain the right of residence.

Non-EU family members

If your family members are not either EEA or Swiss nationals, you may need to apply for an EEA family permit, which is similar to a visa, so that they can come to the UK. They may also come with you or join you in the UK; however, there are certain restrictions. The only case when a non-EEA national family member need not apply for an EEA family permit is when that person is living in the UK and can provide evidence of residence that proves their right to do so.

In general, a family member of a British citizen that is not an EU national does not enter the country using an EEA family permit, although the UK is a member state of the EEA. Nevertheless, Non-EEA family members of a British citizen that live abroad (for example a Brazilian married to a  British person living in Spain)  can apply for EEA family permit to join their relative in the UK when they decide to return to the UK, as long as the UK relative has been living in an EEA member state either as self-employed individual or worker and that the family member has been living with the British citizen in the EEA country, this particular type of application is known as a ‘Surinder Singh’ case.

*The EEA consists of: Austria, Bulgaria, Belgium, the Czech Republic, the UK, the Republic of Ireland, the Netherlands, Cyprus, Denmark, Finland, Estonia, Greece, Germany, France, Hungary, Iceland, Italy, Lithuania, Latvia, Liechtenstein, Malta, Luxembourg, Poland, Norway, Romania, Portugal, Slovakia, Spain, Slovenia, and Sweden.

If you need assistance with understanding and exercising your rights as an EU national, kindly contact us. Our immigration solicitors in London possess a wealth of experience in cases like yours and will work with you to find the best solution for you and your family.

Refusals & Appeals

Receiving a refusal on your application from the Home Office can be intimidating and stressful for you, especially considering the pressure put on your shoulders and the implications it can have for your family.

In some cases, negotiating with the Home Office or making a fresh application is the fastest resolution while others require more extreme measures, such as challenging a Home Office decision in an appeal or by Judicial Review. If this is indeed the best course of action for you, we are ready to do what’s necessary and are more than competent to win.

We pride ourselves on being able to support you with your appeal but we will also help you to explore all your options and we will always come forward with a strong action plan for your particular case.

Our first priority at GSC Solicitors is to assist you to meet your immigration goal(s) the quickest and best way possible, even if that involves challenging the Home Office to the highest courts. Our immigration lawyers in London possess valuable, experience in court proceedings and matters related to refusals and appeals, among others. So, do not hesitate to give us a call or get in touch with us through the online form.

Immigration Advice for Entrepreneurs

Any individual that wants to set up, run or take over a business in the UK should apply for Tier 1 (Entrepreneur) Visa. This also applies to entrepreneurs that wish to be otherwise actively involved in a UK-based business. There is no limitation as to the number of businesses you can be involved in, and sponsorship is not required.

If you wish to invest in either existing UK businesses or establish your own business, you must score, at least, 95 points, which can be awarded to you if you can show that you have access to over £200,000 which you intend to invest in a British company or business.

In order to score the maximum available points you will also need to show that you possess certain levels of competence in the English language and also your ability to remain in the UK without requiring access to any benefits from the government based on your current financial status (known as “maintenance”).

Once your visa has been approved you will be allowed to come to the UK or in some instances change your current UK immigration status so that you can start or join your business. In this case, the initial period that you will be granted is for three years.

An extension under this category is possible, and you may be granted a further two years if you:

• Have registered as self-employed with HMRC.
• Are the director of a British startup.
• Are the director of an existing UK company.
• Are actively involved in the business when you apply for an extension.
• Have created two full-time jobs within the company, where either you employ two full-time employees or one full-time employee per year of operation.
• The money that is required has been invested in British business.

You may also apply in a team of two entrepreneurs, as long as access to the investment funds is equal to all partners. If the two partners wish to apply for the Tier 1 (Entrepreneur) Visa at the same time, then they have to use the same funds and both be able to pass the English language and maintenance requirements.

If you are granted with Tier 1 (Entrepreneur) Visa, you are allowed to spend a total of 180 days outside the UK annually and still be eligible to apply for Indefinite Leave to Remain upon the completion of 5 years of residency in this category. Usually, after spending 6 years in the UK, you are eligible to apply for British citizenship.

Undeniably, there is a lot of (and often confusing) paperwork that needs to be completed associated with investing in or establishing a UK company.

Our London based immigration lawyers will assist you with your Tier 1 (Entrepreneur) application from the initial process of gathering the required documentation right through to the point of applying for Indefinite Leave to Remain. We pride ourselves in partnering with some of the most reputed business experts so that we can offer you the support and assistance you seek as an entrepreneur in the UK.

Establishing a UK Branch Office or Subsidiary

If you want to enter and work as a full-time representative of an overseas business or an overseas broadcasting organisation, news agency or newspaper employee in the UK, then the Representative of an Overseas Business migrant category is the most appropriate visa route.

You will have to demonstrate that you are a genuine employee of the overseas business and that you have been identified as the most appropriate person within the overseas based organization to come and establish a UK branch or subsidiary of the business and that you have authority to take decisions in relation to the proposed UK establishment.

In order for the initial application to be approved you will also need to satisfy the UK authorities that you are able to communicate effectively in English. The initial visa will be granted for a period of three years.

If you want to bring in dependents and have them accompany or stay with you in the UK, then you must produce evidence that you are financially able to support them and that they can maintain their current financial status, without any additional assistance from UK public funds.

You may continue to stay in the UK for a further period two years, as the representative of an overseas business or broadcasting organization, news agency or newspaper, as long as you can demonstrate that you have been able to establish the UK branch or subsidiary and that the business is genuinely trading and operational in the UK.

Applying for a settlement under this immigration category is also possible for you and your family members if you have resided in the country for a total of 5 years. One year after holding Indefinite Leave to Remain, you would be eligible to apply to naturalise as a British citizen.

For more details or guidance regarding the legal aspects related to the establishment of a UK branch office or subsidiary, kindly contact our expert London immigration solicitors, who will make sure your case is given proper attention; always with your best interest in mind.

Corporate Immigration Solicitor

UK immigration law has become increasingly complex resulting in highly confusing and bureaucratic procedures for individuals, families and companies who may wish to relocate to the UK for a variety of different reasons.

GSC’s Immigration lawyers specialise in all aspects of UK immigration law. We advise both EU and non-EU individuals and companies who wish to invest, work or set up in business in the UK. We also handle all aspects of sponsorship for UK employers who may want to employ non-EU nationals or transfer existing staff based overseas to the UK.

For our private clients, we provide a specialist personalised service to support individuals and families moving to the UK, advising on the best solution to help our client relocate, obtain permanent residence and British Citizenship.

 

The GSC International Business Hub

Enter the UK Market with GSC

The UK remains the world’s sixth largest economy. According to the World Bank, it ranks eighth for ease of doing business, with a history of low corporate taxation and high innovation, and a highly skilled workforce.

Yet entering the UK market presents any organisation with challenges. From employment and tax law to property, data protection and immigration, the UK’s practices present a range of risks and pitfalls for the unwary or unknowing.

That’s why it helps to have a legal and commercial partner by your side, a partner that has helped organisations from Asia, Africa and Europe establish and scale operations in the UK market.

Read more here how we could help you build a successful business in the UK.

Talk to GSC’s Immigration Solicitors about:

• Skilled Worker Visa
• Global Business Mobility Routes
• Global Talent Visa
• Scale Up Visa
• High Potential Individual Visa
• Innovator Founder Route
• Sponsor Licences & Immigration compliance
• Sponsoring & hiring foreign nationals

For information on our charges, please refer to: Immigration Fees

Corporate & Commercial Solicitors in London

Whether you are planning a start-up, a merger or a new franchise, GSC’s Corporate and Commercial Solicitors help you achieve your commercial objectives. Our lawyers focus not only on the legal aspects but what they mean commercially.

Our expertise spans a broad spectrum of corporate and commercial law issues in a wide range of sector areas from manufacturing to technology and from marketing to healthcare. We work for long-established businesses and businesses operating new operating models that may not have existed a few years ago.

As well as UK-based clients, our commercial law work is also international in scope, leveraging our long-established network of relationships with leading overseas firms to provide responsive legal support that moves as fast as your business.

Corporate law services include: 

• Corporate structures and incorporation
• Shareholder agreements and articles of association
• Business and corporate sales and purchases
• Joint ventures
• Mergers and acquisitions
• Share sales & purchases
• Asset and business sales & purchases
• Asset and business sales & purchases
• Management buy-outs and institutional buy-ins
• Private equity, venture capital and angel investment
• Cross-border transactions
• LLP, partnership and shareholder issues & disputes
• Share option schemes
• Share buybacks and capital reductions

Commercial Law Services include:

• Agency, distribution and manufacturing agreements
• Consultancy agreements
• Consumer and business to business contracts
• Franchising
• Management agreements
• Lending and security
• Sponsorship and marketing agreements
• Standard terms and conditions
• Non-disclosure/confidentiality agreements and non-circumvention agreements
• Commercial contracts
• Advertising and marketing.

Our corporate & commercial law solicitors want you to get the best deal possible.