Kinley Legal moves to larger premises

With effect from Monday 15 May 2017, Kinley Legal’s office is now located at 4 Albert Street, Douglas IM1 2QA, immediately across the street from the Isle of Man Courts of Justice. For directions and more information, please visit our Contact us page.

The new premises offer us considerably more working and meeting space than in our previous premises. We look forward to welcoming our clients and friends to our new home – but please bear with us in the first week, while our telecoms provider gets us re-connected!

To arrange a consultation in any of our legal and notarial practice areas, please contact Christopher Kinley or complete our simple contact form.

Changes to Isle of Man Tiers 2, 4, 5 Immigration sponsorship

Last night, important new procedures for Tiers 2, 4 and 5 of the Isle of Man immigration Points Based System were published, taking effect in just a few days’ time on 6 April 2017.

All applications for Sponsorship Licences, Certificates of Sponsorship (COSs) and Confirmations of Acceptance for Studies (CASs) will in future be handled by the Isle of Man Immigration Service, rather than by the Department of Economic Development. There are new rules, new guidance, new time limits and new documentation requirements. In addition, there are now formal responsibilities for sponsors to monitor themselves, their staff and students for compliance with the terms of their licences, COSs and CASs.

Anyone intending to take employees or students from outside the EEA should consult us urgently to ensure you understand how the changes may affect them. For an audit of your immigration sponsorship procedures and employment arrangements, or to discuss any aspect of taking on staff, please contact Christopher Kinley or complete our simple contact form.

Linguistic success

Kinley Legal is delighted to announce that Trainee Solicitor Leah Sizova has recently been elected as a Member of the Chartered Institute of Linguists (CIOL) with a specialisation in working between English and Russian. Well done, Leah!

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At the same time, Kinley Legal director Christopher Kinley has been recognised by CIOL as a Chartered Linguist. According to CIOL, “Chartership is recognised worldwide as the gold standard for practitioners, whatever their profession. As a Chartered Linguist, a practitioner is committed to maintaining high professional standards, continually developing professional language skills and specialist knowledge”.

The CIOL is the leading UK-based membership body for language professionals, and aims to enhance and promote the value of languages and language skills in the public interest.

To find out more about our work in other languages, please contact Christopher Kinley or complete our simple contact form.

Brexit: time for Europeans to take up British citizenship?

There has been much speculation about what will happen to the rights of workers from other European Union countries resident in the Isle of Man and UK, yesterday’s vote by the UK population to leave the EU provides few answers as yet.

Many European residents of the Isle of Man and UK, who have never needed to consider applying for visas, residence rights or citizenship previously, will now be considering whether to use their time wisely now to apply for British citizenship and to safeguard their right to live and work in the Isle of Man and UK, even if future migrants from their home country will need visas to do so.

Several EU countries permit their citizens to continue to hold their old (EU) citizenship alongside British citizenship, if their application is successful.

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Due to the close historical relationship between the Isle of Man, Britain and Ireland, many British citizens resident in the Isle of Man and UK will also be in a position to retain their existing EU rights to travel and work freely in the EU by applying for Irish citizenship or passports. As set out in our previous post in August 2015, many are entitled to apply on the basis that they, a parent or an ancestor was born on the island of Ireland (including in Northern Ireland).

Kinley Legal is a leading practitioner and advises on all aspects of Isle of Man and UK immigration law, as well as British citizenship law and Isle of Man employment and residence rights. We can assist with each step of an application for citizenship, from advising on eligibility, to helping with naturalisation applications.

To arrange a consultation and discuss the options relevant to your personal circumstances, please contact Christopher Kinley or complete our simple contact form.

Designated Businesses legislation in force

Following comments in the International Monetary Fund’s 2009 Financial Sector Assessment Programme Report on the Isle of Man, the Isle of Man Financial Services Authority (the “FSA”) was proposed to take responsibility for the oversight of the anti-money laundering and countering the financing of terrorism (“AML/CFT”) compliance of certain businesses and professions (“Designated Businesses”). As a result, the Designated Businesses (Registration and Oversight) Act 2015 (“the “Act”) has recently been passed by Tynwald.

Designated Businesses legislation in forceThe principal businesses affected by the Act, who will need to register with the FSA, are professionals such as advocates, registered legal practitioners, tax advisers, auditors, other accountants, estate agents and moneylenders. The list also includes those dealing in financial guarantees such as voucher issuers, as well as businesses involved in the cryptocurrency sector and those dealing with substantial cash transactions. The scope of the Act is subject to interpretation and some businesses will require legal advice to determine whether or not their registration is necessary or desirable.

The Act does not make Designated Businesses FSA licenceholders subject to full FSA regulation. However, FSA licenceholders are exempt from the provisions of the Act, as they are already regulated by the FSA for AML/CFT purposes.

There is a grace period following the Act having come into force on 26 October 2015, meaning that existing businesses have until 26 April 2016 to submit their registration applications. “New businesses intending to undertake activity falling within the scope of the Act should take care,” said Christopher Kinley of Kinley Legal, which advises on the new legislation, “the six-month grace period only applies to businesses who were trading before the Act came into force on 26 October 2015, so new businesses in this area will need to complete registration with the FSA before they can commence trading”. Applications are expected to take two to four weeks to be determined by the FSA, following submission.

To arrange a consultation and discuss the Act in the context of your business, please contact Christopher Kinley or complete our simple contact form.

Brexit: how ready is your passport?

There has been much speculation about what the impact would be for European migrants in the event the UK votes to leave the EU within the next two years, a British exit or ‘Brexit’. The scenario where eastern European economic migrants are sent packing and all have to leave British shores, or at least will need special immigration work visas, is well known; the fact that British citizens may similarly find it harder to travel to, work or live in EU countries has been rather forgotten.

The time has come for British citizens who want to be sure they can retain the right to live, work and holiday in the EU without problems to consider whether they may be eligible for the citizenship of another country. Similarly, EU citizens who want to keep their right to live and work in the Isle of Man or UK might consider applying for British citizenship. Many are eligible, but have had no need to consider ‘becoming British’ until now.

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Each EU country has its own rules about whether its citizens can also hold the citizenship of another country (known as dual or multiple citizenship); both British and Irish citizens, for example, are permitted to hold multiple citizenship.

Due to the close historical relationship between Britain and Ireland, very many British citizens are also entitled to apply for Irish citizenship, and vice versa, often by virtue of a family connection with the other country; many have never felt it necessary to hold two passports. With the uncertainty surrounding the future relationship between the UK, Ireland and other EU member states, it is only natural that some are already taking steps to secure their future.

It is likely that, even in the event of a Brexit, Ireland would remain an EU member, meaning that it might well pay for British citizens to find out if they are entitled to dual citizenship in Ireland, and have some confidence that they will retain EU rights.

Kinley Legal is the only firm qualified to advise on not only British and Irish citizenship and immigration law, but also Isle of Man employment and residence rights. We can assist with each step of an application for citizenship, from advising on eligibility, to helping with naturalisation applications.

To arrange a consultation and discuss the options relevant to your personal circumstances, please contact Christopher Kinley or complete our simple contact form.

Kinley Legal launched

We are very pleased to announce that Christopher Kinley has completed the transfer of his practice from Alma Legal, and from 1 March 2015 will be practising within Kinley Legal, a new Isle of Man corporate and private client law firm.

While for us it will very much be ‘business as usual’, as we continue to advise Isle of Man and international individuals, fiduciaries and other businesses on Isle of Man, English and Irish law, we have kept our Russian capability, with fluent speakers of both English and Russian within the firm.