General conception is that Bankruptcy laws help people and small businesses that can no longer pay their creditors to get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan.
Contracts, especially Commercial transactions are founded on the belief by both parties that the agreement would be legally enforceable. The parties need to ensure that they can hold each other accountable for promises made.
Family Reunification and recognition of a family life is a cornerstone for immigration Law in many countries. Many countries recognize the need for migration of family members to join another family member in a country. This article considers how children fit into this family life and how treatment of a child’s family right differ between the United Kingdom and the United State of America.
Yes. Moving or expanding a business from the United States to the UK may create immigration issues for the owner, directors, employees and accompanying family members.
The immigration strategy should be considered alongside the proposed UK business structure and the role you intend to perform in the business. A cross-border lawyer can assess the overall plan and identify the immigration route or routes that should be investigated.
Yes. A UK company establishing operations in the United States may need immigration solutions for founders, executives, managers or specialist employees who will work in the US.
The appropriate strategy depends on factors including the relationship between the UK and US businesses, ownership, investment, the employee’s position and the purpose and duration of the transfer.
Start by considering the business structure and immigration strategy together.
The appropriate UK immigration route can depend on what the company will do in the UK, who owns it, whether a UK entity already exists, what role you will perform and whether employees or family members will relocate with you.
Planning these issues before establishing the business can reduce the risk of creating a corporate structure that does not support the intended immigration strategy.
Yes, where the lawyer’s practice covers both areas. This can be valuable for a cross-border business because immigration decisions and commercial arrangements are sometimes connected.
For example, an entrepreneur expanding internationally may need advice concerning immigration status while also reviewing agreements connected with the new business, business partners, suppliers or other commercial relationships.
There is no single US visa that is appropriate for every entrepreneur.
Possible immigration strategies depend on nationality, ownership and investment in the business, the relationship with an overseas company, the entrepreneur’s professional background and the nature of the proposed US activity. Routes such as E-2, L-1 or other employment- or business-related options may need to be evaluated depending on the facts.
Potentially. Companies operating in both countries may have immigration options for transferring qualifying executives, managers or employees to the United States.
The correct route depends on the corporate relationship between the entities, the employee’s work history and proposed US role, and other eligibility requirements. The structure of the businesses should therefore be reviewed before a petition is prepared.
Ideally, before the international entity and employment arrangements are finalized.
Early immigration planning allows the company to consider ownership, corporate relationships, staffing plans, employee roles and relocation timing together. This can be particularly important for a UK company entering the US market or a California business establishing operations in Britain.