Types of Business Crimes and Commercial Frauds You Must Know About

Commercial Frauds

Business crimes and commercial frauds are some of the most common and devious criminal activities taking place today. Although there are many different types of business crimes, they all have one thing in common: the victim suffers a personal and financial loss.

Commercial or consumer frauds involve the use of deceptive and misleading business practises, and while all consumers are at risk of commercial fraud, the most commonly victimised people are senior citizens and college students.

This article will outline different types of commercial frauds so that you know when you are being misled by unethical business practitioners and aren’t deceived into experiencing a financial loss.

Identity Theft

Identity theft is a type of business crime where your personal information is stolen by someone else. This personal information includes your social security number, name, bank account number, and credit card information.

Identity thieves use your personal information to access your bank accounts and finances, typically resulting in the draining of your funds. They can even take out bank loans in your name or use your health insurance to cover their medical bills.

Mortgage Fraud

Mortgage fraud is one of the most common types of commercial fraud taking place today. The FBI annually deals with thousands of such scams, most of which are aimed at distressed homeowners. Mortgage fraud scams involve foreclosure rescue schemes, equity skimming, and loan modification schemes.

Mortgage fraud is typically carried out by mortgage and real estate professionals, who use their authority and specialised knowledge to deceive the victim into releasing their funds. The FBI recommends that homeowners protect themselves against mortgage fraud by avoiding unsolicited advice related to a real estate deal.

Credit and Debit Card Fraud

Credit or Debit card fraud occurs when someone finds or steals your credit or debit card and obtains your personal and bank information. Once they have a hold of this information, the thief can use your card to purchase goods for themselves.

Credit and Debit card fraud is one of the most common types of commercial fraud today. However, you can avoid it by watching out for red flags such as unrecognisable charges on your bank statement or orders from locations you have not visited.

COVID-19 Scams

COVID-19 scams are about as new as the virus itself. These scams came about due to the fast-paced government legislation, which created opportunities for scammers to take advantage of people by using financial need and fear as their main drivers.

If you are contacted by someone regarding a new vaccine or brand new cure or are contacted by someone pretending to be a representative of the CDC or WHO, do not engage them in conversation because they are most probably involved in a COVID-19 scam.

Final Words

With so many different types of business crimes happening today, everyone needs to be on the lookout for misleading and deceptive practises by a person who contacts you and speaks with an air of authority.

For more information on the different types of commercial frauds, visit gov.uk, where you can learn about the signs of fraudulent practises and what you can do to avoid them.

What You Need to Know about Post-Brexit Immigration in the UK

Post-Brexit immigration

In the wake of Brexit, the United Kingdom revamped its immigration process and systems for EU citizens. As of 31 December 2020, free movement between the UK and the EU ended, and now there are new arrangements in place for EU citizens who want to travel to, work, or live in the UK.

In this article, we will outline everything you need to know about post-Brexit immigration in the UK. By the end, you will have a better understanding of the points-based system for skilled workers, the visa application process, and immigration routes for students and married couples.

Visa Application Process

In the wake of Brexit, new immigration routes have been developed for applicants who want to work, study, or live in the UK. While you can apply for this visa online, upon applying, you will be asked to provide biometric information. The process for providing biometric information is slightly different depending on where you currently hold citizenship.

For citizens of the European Union (EU), the European Economic Area (EEA), and Switzerland, the visa application process involves providing a digital photograph of your face using a smartphone application. Notably, you will not have to get your fingerprints scanned.

On the other hand, Non-EU citizens will have to submit scans of their fingerprints and a photograph of their face at an overseas visa application centre.

Points-Based System for Skilled Workers

The UK has developed a points-based system for skilled workers to immigrate to the UK as long as they have received a job offer from an approved sponsor or employer.

For the points-based system to apply, you will need to be offered a job at a skill level of RQF3 or above. Notably, it is also necessary for the applicant to speak English, or else they will not be able to apply. Moreover, the applicant must be paid the relevant salary threshold by their sponsor, which is either the going rate of your job or the general threshold of £25,600, whichever happens, to be higher.

Learn more about the UK’s points-based system here.

International Students and Graduates

Along with skilled workers routes, student visa routes have also been developed for EU, EEA, and Swiss citizens who want to apply for a visa to study in the UK. As of the beginning of 2021, a student can apply for a visa to study in the UK if:

  • The student has been offered a place in a course
  • The student can speak, read, write, and understand English
  • The student has enough money to support themselves and pay the course fee

Marriage Visitor Visa

If you want to visit the UK to get married or register a civil partnership, you will have to apply for a Marriage Visitor Visa. You must apply for a marriage visitor visa even if you or your family are citizens of the European Union, Switzerland, Norway, Iceland, or Liechtenstein.

Final Words

In a post-Brexit world, the United Kingdom has almost entirely revamped its immigration systems and regulations. The new application process includes routes for students and graduates, married couples, and skilled workers, for whom a points-based system has been developed.

Family Law Solicitors Answer FAQs Regarding Family Law after Brexit

UK family law

In the wake of the Brexit transition period, which came to an end on 31 December 2020, family law saw a few changes affect disputes surrounding child custody, divorce recognition, and other aspects of family law.

If you are involved in a family dispute with someone living in the United Kingdom or Northern Ireland, you must consider having a detailed discussion with your lawyer about how the UK’s withdrawal from the EU may impact the proceedings of your particular case.

In this article, we will outline how various aspects of family law in the UK have changed after Brexit.

However, it is worth noting that there is a large variety of family law cases, each with its own particularities. Therefore, the information contained in this article provides nothing more than a general overview of UK family law after Brexit.

Maintenance Cooperation

If you have a child support or family maintenance arrangement with someone living in the United Kingdom or Northern Ireland, there are mechanisms in place to ensure that this maintenance cooperation can continue.

If you are the recipient of maintenance prior to 31 December 2020, your situation will not change. However, if you have applied for a maintenance decision through the Department of Justice Central Authority prior to 1 January 2021, it will continue to be dealt with based on the current arrangements.

Divorce Recognition

After the end of the Brexit transition period, the UK is no longer covered by EU laws about matrimonial matters, including recognition of divorce. What this means for divorce recognition in the UK is that UK divorces, legal separations, and marriage annulments will be dealt with through legislation.

According to the Withdrawal of the United Kingdom from the European Union Bill 2020, divorces, legal separations, and marriage annulments granted in the UK after EU family law legislation came into operation in 2001 will be recognised based on habitual residence rather than domicile requirements.

Parental Responsibility

Following the end of the Brexit transition period, EU laws pertaining to parental responsibility do not cover the UK any longer. However, there are still provisions in place to ensure that issues of parental responsibility within family law can be appropriately and effectively addressed.

With regards to parental responsibility, the United Kingdom is now considered in the same way as countries like New Zealand and Australia.

Accordingly, cases pertaining to parental responsibility in the UK and measures for the protection of children under family law will be governed by the Hague Convention on Jurisdiction in Respect of Parental Responsibility and Measures for the Protection of Children 1996.

Final Words

In the wake of the Brexit transition period, EU legislation concerning family law no longer covers family disputes in the UK. This includes maintenance cooperation, divorce recognition, and parental responsibility laws.

Therefore, if you are involved in a family dispute with a UK or Northern Ireland citizen, or involving a British court, ensure that you discuss with your lawyer how the UK withdrawal from the EU will impact the proceedings of your particular case.

The General Process of Moving Goods from the GB to EU: An Overview

Containers for transferring goods

From 1 January 2022, comprehensive export controls and inspections will be in place, and border locations will be required to implement mechanisms for the control of items destined for export.

The ports will make use of a port inventory system for the temporary storage model in which hauliers/trailer operators must adhere to commercial instructions or the pre-lodgement procedure for non-inventory linked ports/terminals using the GVMS. Read on to understand the general process of moving goods from GB to the EU.

Moving Goods from the GB to EU

When a driver collects goods from the premises of an authorised consignor in order to transport them into the EU, the driver must be provided with all customs documentation required to enter the EU. If the driver is collecting goods and the necessary documentation from a permitted consignee, the driver is not required to stop at an IBF en route to the border. Instead, they may proceed immediately.

If the driver is not collecting goods for export from an authorised consignor and the commodities are in transit, the driver must attend an IBF to initiate/activate the transit movement. The IBF is where they will receive the paper document (TAD) that must be scanned at the border exiting Great Britain.

If the goods are not in transit, the exporter/agent/freight forwarder shall supply the haulier with the MRN(s) for the pre-lodged import declaration(s) for the member state into which the haulier is transiting.

What Are The Export Regulations?

The exporter is responsible for notifying the haulage company of the Permission to Progress (P2P) and allowing them to depart towards the border. To leave products at inventory-linked ports, including any unaccompanied freight, the trailer operator must supply the Unique Consignment Number (UCN) provided by the exporter.

 

However, for inventory-linked ports, the details of the EU import are not yet clear. It is possible that the driver may be unaware of the EU import at the time of export. The exporter/loader must explain to the driver/trailer operator the regulations of the EU member states.

What Will Be Different On 1 January 2022?

For empty shipments or loads with repeated import or export declarations, hauliers must continue to create a goods movement reference (GMR). If hauliers are leaving the UK via the GVMS, they must comply with the following requirements prior to arrival:

  • Request that the exporter or agent provide accurate references for each consignment carried.
  • Combine all of these references, along with any safety and security declaration references, into a single GMR for each vehicle movement.
  • Update the GMR with the correct vehicle registration number (VRN)

Prior to Exiting GB

When transporting accompanied RoRo freight, the driver must possess all relevant reference numbers and paperwork to satisfy the import requirements of the EU country into which they are travelling. Unless another party has agreed to assume responsibility for this as part of its incoterms, it is the responsibility of the GB exporter to ensure this is done. You may be required to submit an EXS declaration.

At the EU’s Border

The driver must adhere to the import and border procedures of the EU member state into which they are travelling. It is recommended to confirm procedures in advance as they may vary by port.

Contact us if you have any questions regarding the process of moving goods from GB to the EU. We will help you understand the regulations and requirements and assist you to stay compliant while exporting goods.

New Regulations for Hauliers & Carriers: What You Need to Know

Trucks transporting goods

New rules for hauliers and carriers transporting goods between the EU and the UK have been announced. Beginning 1 January 2022, all commodities exported from the EU to the UK or exported to the UK will be subject to full customs controls. Read on to learn more about the new regulations and prepare for these changes.

Who Will Be Affected by the New Rules for Hauliers & Carriers?

From 2022, new laws will govern the transport of products to and through Europe. The rules are included in the UK and EU’s Trade and Cooperation Agreement. The new laws will apply to you if you move items using automobiles, trailers, vans, pickup trucks, and other light freight vehicles, and vehicles capable of transporting large amounts of material (HGVs).

Registration for the Goods Vehicle Movement Service 

Full customs controls on exports from the UK to the EU are now in place, and the UK government has indicated that full controls on all imports from the EU into the UK will be implemented as scheduled on 1 January 2022. This means that, as of 1 January, certain UK ports will utilise the GVMS IT system for clearing all goods transported between the UK and the EU through customs.

If you have not previously enrolled for Goods Vehicle Movement Service (GVMS), you will be unable to pass your items through customs and be denied entry to the country. Until 31 December 2021, you are only required to use GVMS if you are transporting goods into the UK from the EU in accordance with the Common Transit Convention.

Even though you are not required to use it immediately, you should register for GVMS today to ensure compliance with the new standards effective 1 January 2022.

Who Is Required To Register?

You must register for GVMS if you are an independent driver and completing your own customs paperwork, a company that sub-contracts to pick up goods on behalf of another business, or a logistics company hired to transport goods and complete customs processes. Large retail businesses transporting and declaring goods must also register.

Goods Movement Reference (GMR)

Ports that utilise the GVMS for cargo management will require pre-lodged declaration references to be combined into a single reference number referred to as a Goods Movement Reference (GMR). To check in with the carrier, you must produce a valid GMR.

If you are the driver transporting the items, you will often construct your own GMR. However, a third party can perform this function – for example, the management of your haulier or the trader’s customs agent or freight forwarder. You must build a single GMR for each car. As the driver, you must ensure that you have the GMR and all relevant customs information and documentation before reaching the border. You can learn more about GMR at gov.uk/guidance/get-a-goods-movement-reference

Updates to EU-GB Import Controls

The UK Government has announced a new pragmatic timeline for implementing full import controls on products imported from the EU. Customs declarations and controls on goods imported from the EU will continue to be implemented as scheduled from 1 January, which means that:

  • Businesses will be unable to postpone the filing of import declarations. If you are transporting goods from the EU via ports that use the pre-lodgement model or the Goods Vehicle Movement System (GVMS), the firm transporting the goods must complete full import declarations prior to reaching the UK border.
  • All border crossing points will be required to begin policing goods. This means that you will be unable to enter the port with products unless they have been cleared by customs.

Moreover, from 1 July 2022, safety and security Entry Summary (ENS) disclosures for products transported from the EU to the United Kingdom will also be required.

Other modifications pertain to the requirement for certificates and inspections of live animals and agri-food products. Additional information about the changes is available on the gov.uk website.

 

Get in touch with an experienced lawyer to learn more about the changing regulation and how the change may impact you.

3 Signs You Need a Custody Lawyer

a girl on a swing

Divorces and separations can be challenging to deal with, especially when there are children involved. If you’re a part of such circumstances, there’s a high chance you’ll need a custody lawyer. Read on to learn about three leading signs you need a custody lawyer.

You’re Being Prevented from Seeing Your Kid

One of the most alarming signs you should seek immediate support and legal advice from a custody lawyer is that you’re being prevented from having access to your child. This usually happens during complicated divorces or legal separations when parents involve children in their own matters.

Many ex-partners don’t let their kids meet the other parent, affecting the child’s health and well-being in the process. If your ex-partner is doing the same, it’s time to hire a custody lawyer.

Your Child Might be in Danger

Sometimes partners decide to resolve a custody issue on their own and let one partner have the child’s custody. However, there are times when the other partner is often concerned about their child’s safety due to their ex-partner’s previous record of negligence or irresponsible behaviour.

If you think your child isn’t safe and isn’t being provided with everything they need to lead a fruitful life, you can benefit from the support of a custody lawyer. They’ll provide you with all the options available to you, helping you win your case eventually.

You Need Visitation Rights

Custody lawyers don’t only help parents get their child’s custody, but they also do everything possible to provide them with their visitation rights.

As a result, a parent who doesn’t get their child’s custody still gets to see their child for a few hours every week or month under an officer’s supervision. This helps the child build a relationship with both their parents without being affected by their relationship.

holding a child’s hand

Now that you know what increases the need for legal counsel by a reliable family lawyer in custody cases, if you think you could benefit from the help of a lawyer, feel free to connect with us at AM International Solicitors. As a highly reputable international law firm in the UK, we can provide you with a wide range of legal services to represent you and help you win your case. Whether you need a divorce lawyer, a family lawyer, or a divorce settlement solicitor, you can now rely on us. Get in touch with us to learn more today!

 

Cross-Border Transportation with the Latest Customs and Traffic Regulations in the UK

Customs and traffic regulations for cross border transportation to the UK

The UK left the single market and customs union following the end of the Brexit transition period in December 2020. This means that cross-border transportation of goods between the UK and the rest of the EU is now subject to customs formalities. Border checks, tariffs, and duties are applicable on goods entering and leaving the UK.

Take a look at some of the new customs and traffic regulations for Imports from the EU to the UK and Exports from the UK to the EU.

Imports from the EU to the UK

Customs Declarations: Customs declarations provide government authorities with information about goods being imported and exported. These typically include information about the type of goods, transport, customs value, and any applicable tariffs or duties. Full declarations are required for controlled goods (e.g., excise goods like tobacco and alcohol). For standard goods (most goods), simplified customs requirements are required.

Customs Duties and VAT: Tariffs may be applicable on goods traded between UK and EU. Import VAT is also applicable to relevant goods.

Safety and Security Declarations: These declarations summarize the goods in any consignment and are part of the World Customs Organization framework. These declarations have to be submitted in advance of import, and an EU exit summary declaration, as well as a UK entry summary declaration, is required.

Sanitary and Phytosanitary (SPS) check: The import and export of live animals, products of animal origin, and some plants and other agri-food products are subject to additional checks at the border. At the border, goods can be subject to documentary checks, identity checks, and physical checks.  The UK authorities must be pre-notified about importing high-risk live animals and plants (and animal and plant products).

Excise Duties: Excise duties are taxes levied on products that can damage consumer health or pollute the environment, such as alcohol and tobacco. Businesses importing excise goods must pay the UK excise duties.

Exports from the UK to the EU

Customs Declarations: Full customs declarations, including UK export declarations and EU import declarations, are required.

Customs Duties and VAT: If applicable, tariffs and import VAT are payable at the time of export, unless traders are eligible to defer payments.

Safety and Security Declarations: A UK exit summary declaration and EU entry summary declaration are required.

Sanitary and Phytosanitary (SPS) check: Full SPS checks, including a UK Export Health Certificates requirement, are in place.

Excise Duties: Excise goods are subject to the rules applied by the importing EU member state.

Most cross-border transportation arrives by lorry at the Port of Dover or Channel Tunnel and leaves within minutes of arrival. Other than the customs declarations and duties mentioned above, there are also additional steps that UK goods vehicle operators need to take. These steps are registering their vehicles, applying for operator licenses and permits, and getting the correct vehicle documents.

AM International Solicitors are experts in EU and International Law and can help you answer any other questions you may have regarding cross-border transportation and customs and traffic regulations. Contact us here.

Top Immigration Issues and How to Avoid Them

immigration issues and how to avoid them

If you are a British citizen or are currently living in the UK and wish to bring your spouse, partner or children into the country, or if you are a European citizen and wish to secure your right to stay in the UK, then you will need to go through the UK Visa application process or the process of obtaining an EU Settlement Scheme permit.

Immigration to the UK post-Brexit can be a complicated process, during which you may face several problems. Let’s look at some issues you may come across during the immigration process that can cause delays in the processing or lead to the refusal of your UK visa application and how to avoid them.

Not Meeting Sponsor Financial Requirements

Not meeting the Home Office Financial Requirements or not providing sufficient financial supporting documentation is an issue people often face. If you are sponsoring a spouse, partner, or child to get their UK Visa and do not meet the financial requirements a sponsor needs to have, then it is likely that the Visa application will be rejected. It is important that you start to collect documentation methodically and with enough time before they are due to be submitted. Acquiring financial documents, whether from the bank or your place of employment, can take some time, and it is better not to leave this till the last minute. You may want to get the help of an immigration advice service for this.

Not Meeting Sponsor Accommodation Requirements

While sponsoring a spouse, partner, or child, your application may be rejected on the terms of your accommodation not meeting the requirement that should the application be accepted, your home will not be legally overcrowded. To avoid this problem, acquire a UK Immigration Property Inspection Report.

Not Meeting the Home Office English Language Requirement

If you are a foreign national applying for a UK Immigration Visa, The Home Office requires you to take and pass an English Language test called the Secure English Language Test (SELT). Not passing the test may be grounds for your application to be rejected. Many people prefer to take SELT courses beforehand to be better prepared for the test to avoid this problem.

Missing the Correct Document or Having Incomplete Paperwork

Whether you are applying for a UK Visa for a family member or a European Citizen applying for an EU Settlement Scheme permit, you need to make sure you have all your supporting documentation. Not having the right documentation can lead to your application being denied or a delay of up to six months. To avoid this problem, make sure you have a detailed checklist of the documentation needed or help from an immigration advice service.

AM International Solicitors has some of the best immigration solicitors in UK immigration law. Contact us for assistance in the immigration application process.

What Brexit Means for Tobacco Control

What Brexit Means for Tobacco Control

On January 31, 2020, the UK became the first and only sovereign country ever to leave the European Union after 47 years of membership. After almost half a century of membership in the EU bloc, the British economy is tightly integrated into that of the EU single market. This means that many laws and regulations active in the UK have their origins in the EU, including tobacco control measures.

Opportunity for the UK to Strengthen Tobacco Control

The UK’s emancipation from EU’s laws brings it the flexibility to tighten its world-leading comprehensive tobacco control measures and it can enjoy better freedom to implement tobacco tax that can increase the price of cheap tobacco products. In addition, it can implement more direct policies, such as the imposition of minimum prices and price caps. Research has shown that higher prices are one of the most effective deterrents to purchase of tobacco products.

Moreover, with about 96% of UK tobacco products coming from the EU in recent years, a no-deal Brexit as well as the implementation of the new Tobacco Control Plan by the end of this year is likely to raise tobacco and cigarette prices significantly.

Brexit offers a chance for the UK to improve its public health; however, it can do the opposite if rules are relaxed. In addition, the benefits of Brexit will not extend to Northern Ireland, which is considered a part of the EU custom unions and is subject to following its rules and regulations, and will continue to have tariff-free imports to and from the EU bloc.

In addition, Northern Ireland will also hold the current warning labels and photos on tobacco packaging while the UK switches to using Australian imagery. Another benefit for tobacco control due to Brexit is the elimination to the import of cheap EU duty-paid tobacco, as well as reduced chances of smuggling because of stricter border controls. The British government has also reduced tobacco allowance that travellers from the EU can bring in with them to 200 cigarettes or 250 grams of tobacco from 800 cigarettes.

When it comes to UK tobacco control, the benefits of Brexit will only be seen if the government is diligent about seizing the opportunity and continuing to mitigate the harms related to tobacco sales. Some health analysts are concerned that the government will place priority more on business interests, post-Brexit, and the negative health impacts related to the use of tobacco will take less precedence, causing the tobacco regulations in the country to suffer.

About 6.9 million people (14.1% of the population) in the UK smoke as of 2019. Reducing tobacco use needs to remain a public health priority if the government hopes to make its dream of a “smoke-free” UK in the next decade a reality.

With the global COVID-19 pandemic occupying most of the attention of the nation, the smoking problem in the UK can easily be overlooked. If this happens, smoking will remain the leading cause of death in the country and will continue to cause more deaths every year than even the pandemic has to date.

UK VAT: Supplying Services to EU States

Supplying Services to EU States

From 1st January 2021, following the end of the UK’s transition period with the European Union, the VAT rules between Britain and the EU member states will become the same as the existing rules for supplying services from the UK to outside the European Union. This guide will explain how the VAT is now charged and accounted for on services that are supplied from the UK to the EU.

United Kingdom VAT Rules

Below are listed the VAT rules of the United Kingdom.

  • VAT (valued added tax) is charged on most goods and services that are traded within the UK and EU.
  • Businesses need to pay VAT when they bring their goods in the United Kingdom.
  • UK VAT is not charged at the point of sale.
  • For services, the “place of supply” rules determine the countries where businesses need to charge and account for VAT.

VAT Rules from 1st January 2021

The United Kingdom continues to charge VAT, and the rules concerning the domestic transactions in the UK to apply businesses in the same way as they did before. On the whole, VAT procedures remain the same as those before 31st December 2020; however, there have been some changes to the VAT rules after the Brexit between the UK and EU member states.

Supplying Services to the European Union Member States

The supply of services to member states in the EU from 1ST January 2021 is treated the same way as countries outside the EU when it comes to VAT purposes. The “place of supply” rules continue to be applied but there have been some changes to them. For businesses based in the UK, supplying digital services to non-business customers in the EU, the place of supply is wherever the customer lives. These services are subject to VAT in the EU states where the customer lives.

For financial and insurance companies based in the UK, the input VAT deduction rules changed from 1st January 2021, and supplies of services that were formerly exempt now follow the same rules when it comes to supplying such services to consumers who reside outside the European Union.

For a UK company that is supplying B2C or B2B services to the EU, if the particular services all under the “place of supply” rule, then the services are outside the parameters of VAT. The UK-based company should still include the sale in their VAT returns. However, an EC list will not be required. To supply digital services, companies based in the UK should register for the non-union scheme or register for VAT in every EU member state where they supply their services.

If a UK-based company provides digital services to the EU, then this would fall under the reverse charge category, and the invoice should mention that the supply falls under this category. The EU customer will then account for the VAT in their own country.

Finding More About Brexit Changes to VAT

New VAT rules can always be implemented when importing and exporting goods from the EU. For more updated information upon the changes to VAT, it is important that businesses seek confirmation relating to their specific circumstances.