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ILN Today Post

Home Office ‘illegal migrant’ crackdown to threaten bank clients

This article was first published by Spear’s Magazine on 18 October 2017.

Banks are to be expected to police over 70 million accounts under the Home Office’s new crackdown on illegal migrants, opening up a Pandora’s Box of problems, even for HNWs with valid immigration status, writes Sarah Gogan.

New government rules will force UK banks to search bank accounts for illegal migrants. Since the introduction of the Immigration Act 2014, UK banks and building societies have been prohibited from opening current accounts for individuals who are in the UK illegally. However, new measures which will come into force on 1 January 2018 take this a step further. From this date and on a quarterly basis, banks will be forced to check their customers against a Home Office list of known visa overstayers (the ‘baddies’) and the perceived source of all that is wrong with the UK: illegal migrants. If the bank suspects that the customer does not have the right to be in the UK, then it will be bound to notify the Home Office who will then obtain a court order to freeze the account. The aim of this is to create a ‘hostile environment for illegal migration.’

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ASTs – Are you assured of compliance?

Assured Shorthold Tenancies (ASTs) are the most common kind of private residential tenancy in the UK currently, which means that almost any investor or funder in the UK residential property market will deal with them.  The past few years have seen new legislation that introduced new and more onerous obligations on landlords of ASTs.  This article does not seek to give a comprehensive overview of the rights and obligations attaching to ASTs, but seeks to outline two main changes to landlords’ obligations in the newer legislative framework; to highlight the potential dangers to the unwary investor or funder arising out of these; and suggest methods of mitigating risk.

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Brexit and planning for the unknown in IT

This article was previously published by IT for CEOs and CFOs on 16 October 2017 and is reproduced by kind permission.

Introduction

As is beginning to become apparent, Brexit has wide-ranging consequences in many commercial and business areas. This is equally true in the sphere of data protection, where much of the applicable legislation has developed at an EU level.  This is readily understandable, given (i) the wide-ranging technological advances that have occurred since the UK joined the European Communities in 1973 and (ii) the quintessentially cross-border nature of these developments.

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Cinema Holiday Pay

This article was published in www.screentrademagazine.com / September 2017 / screentrade

The question of how to calculate holiday pay has been perplexing employers and their legal advisers since 2014, when a case brought by a British Gas worker upset the status quo. The worker in question, Mr Lock, received results-based commission in addition to his basic salary. However, when he was on holiday, Mr Lock was ‘paid basic salary only’, which inevitably left him financially worse off after a period of annual leave.

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2017 Legal 500 ranks Fladgate across the board

Fladgate LLP is delighted to have achieved across the board rankings in the recently launched 2017 edition of the Legal 500 Guide to the UK Legal Profession. The firm achieved 26 rankings, with 59 lawyers attaining 91 individual recommendations.
 Commercial contracts

Fladgate LLP enhanced its commercial contracts offering with the recruitment of James Earl, an expert in the UK and international sports and entertainment sector, from Pinsent Masons LLP. In 2016, Earl advised Monster Energy on various marketing and advertising campaigns, including a marketing promotion in association with the Call of Duty computer game. The team is led by Eddie Powell, who recently assisted Glorious Brands with negotiating an exclusive distribution agreement for Triology’s premium skincare products in the UK. In a separate matter, Powell acted for Parabel in the negotiation of a five-year distribution contract with Barentz. Alan Wetterhahn and consultant Andrew Kaufman are other recommended individuals.

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New immigration rules will force UK banks to search bank accounts for illegal migrants

Since the introduction of the Immigration Act 2014, banks and building societies have been prohibited from opening current accounts for individuals who are in the UK illegally. The Immigration Act 2016 goes one step further, with the introduction of multiple measures to prevent illegal migrants from continuing to operate existing current accounts. The Act gives the important responsibility of identifying these migrants to banks and building societies, which must, upon establishing that a client is an illegal migrant, contact the Home Office which will take further action.

These developments have been introduced with the intention of making it harder to live a settled life unlawfully in the UK and to incentivise voluntary departure from the UK.

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Come on over to our new place!

ealth Lawyer UK has a brand new website and a fresh new look.  Click here for a link to the new site, now hosted on Fladgate’s website.

We’ve also made it even easier to get your fortnightly fix on developments in the legal Private Wealth world.  Just register your interest on the new website and blogs will be emailed direct to your inbox as they appear – it couldn’t be easier.

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UK tax legislation update: taxation of non-doms

 

Over the past couple of years, the Government has placed non-doms on notice of its intention to change the way in which they and their offshore trusts are taxed for UK tax purposes.  Now finally all previously trailed provisions have been reintroduced into draft legislation, so here is a brief reminder of the main provisions affecting the personal taxation of non-doms, with some practical pointers.  All of the following measures can be found in the Finance (No.2) Bill 2017:
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ILN Today Post

Bankers should not become immigration officers

Theresa May’s aim of creating in Britain “a really hostile environment for illegal migration” is embodied in two pieces of legislation, both of which could have damaging consequences for many individuals and create a wider risk of discrimination against legal migrant workers.

The Immigration Act 2016 requires banks and building societies to check accounts and prevent continued access to banking for illegal migrants. The act also delegates to the Treasury the power to make regulations determining how the regime would work in practice.

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The New Telecommunications Code: are you equipped?

After a long wait, the new Electronic Communications Code is due to come into force at the end of this year or early 2018. The new Code is a complete replacement of the existing Telecoms Code, introducing new procedures and timescales. Thekla Fellas gives an overview of the main changes to the Code and how the new procedures will work.

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