European Business Law - Sallys Scenario - Assignment Example

EUROPEAN BUSINESS LAW Sally’s Scenario According to the case of Sally, who is a U.K resident buthas decided to study abroad, I would advice as a follows. Having been estranged from her family and facing serious financial crisis in paying her fees and keeping up her bills, her fees is bound to be higher than the national students in Sweden since she is considered as an international student. However, she may find financial assistance from sourcing different scholarships or sponsorship from different organizations that have been providing financial assistance in cases like hers (Opper, Carlson & Teichler, 1990). The first source she may look for financial assistance will be the Leverhulme Trust. This organization offers study abroad studentship for postgraduate and postdoctoral research and grants at international levels. However since she is at her last year in the country taking a degree course, she should convince the organization of her plight by pointing out on her need to remain in the country to study her postgraduate studies. The second advice I would give her is that she may also decide to look for financial assistance at the Research Councils of U.K as she is a U.K citizen who has decided to study abroad. The organization assists such U.K students who have decided to take a short time studying abroad. For her case, she has to convince the councils that she had decided not to permanently reside in Sweden to be considered eligible for the financial assistance she is in dire need of. Her plight for financial assistance may be considered by the council if she convinces them of her sincerity in completing her studies as the organization is keen in fostering international collaboration between the U. K and other countries. Moreover, the organization has decided to offer schemes which are inform of financial assistance to the U.K students studying abroad as their purpose have always been to initiate or develop relationship between researchers in the U.K and other countries. Therefore, her problems of financial assistance may have just found a solution when her application to the Research Councils U. is accepted (Judkins, 1989). In addition, I would advice Sally to apply with the funding agency in Sweden where she studies. This may prove useful to her in a number of ways as she is considered as a citizen from the European Union countries. Since she is a UK citizen, she has the rights which are subject to certain conditions to study or work in any other European country including Sweden. This means that she has the rights of being treated equally like other Sweden nationals in terms of such things like the amount of school fees she pays in the country. However, this may only be limited to fees as such things like maintenance grants, loans and other help with living costs may not be rendered for her. Experiencing financial problems while studying in Sweden may mean that Sally is not being equally treated in terms of fees and employment opportunities therefore laying constraints on her financial position as she uses a lot in paying her schools fees. Therefore she has an alternative of comparing the amount of school fees she pays and if being charged more than other students who are national students , then she can demand her rights to pay for equal fees through the funding your studies in an EU countries under the website of Europe. This may prove helpful as she may use the extra fees which she has been incurring on her educational fees as a foreigner in the country to sponsor for her various personal needs (Wankel & Defillippi, 2004). Alternatively, being a member from the European union countries, she may decide to work part time in the country as she is entitled to equal employment opportunities like other Sweden national under the EU hence obtaining little financial assistance which may prove to be useful to her in maintaining other related personal bills like housing, food and personal stuff hence completing her final year studies within the country highlighted in the 2009 new Anti-Discrimination Act in Sweden (Nergelius, 2011). Lastly, I would advice Sally to consider transferring her education to the UK when she has tried all available avenues and failed in them as highlighted in The Education (Student Support) (Amendment) Regulations 2014 (Bogdanor, 2009). She may achieve this through the interuniversity transfers and being that she is a UK citizen, she is less likely to experience challenges in transferring to continue with her further studies in the country because majority of the Universities she is applying will easily recognize her as she is a citizen of the country. This will be an easy way out because while in the UK she will definitely obtain the financial assistance she needs from her government. Likewise, while also studying in her country, she may decide to work on the estranged relationship she has with her parents hence being able to sponsor some of her basic needs with the financial assistance provided with her parents who had relocated back to the country or combine both assistance from her parents and government to meet her various needs. Paula’s Scenario My advice to Paula is that her fiancée who she wishes to marry cannot be allowed to enter the UK leave alone apply for citizenship to live in the country as her husband because of his failure to display good character. In December 2007, the UK government changed its citizenship rules for applicants who were applying to become UK citizens. The rules were made tougher for those applicants who had served a criminal conviction in either their home countries or while in the Uk. This will make it difficult for Khalifia to apply for citizenship and live as Paula’s husband in the UK because his application will be automatically refused by the different bodies in charge according to the The Immigration Act 2014 (Bogdanor, 2009). This is because under the Rehabilitation of Offenders Act 1974 (“ROA”), Khalifia had already been jailed for man slaughter and in spite of serving his sentence, the act states that this may happen again at one point of his life in spite of living carefully to become a law abiding citizen. He cannot be treated as a reformed character because the offence he committed was considered as serious crime hence fails from the category of those to be considered as reformed characters to be awarded the spouse visa to work and live with Paula in the United Kingdom. Moreover, Paula will also be eliminated from the list because she will not be able to provide evidence that she had been living with her fiancée for a period of at least two years. This is because her fiancée is a sailor and probably spent most of his time in Somalia as that is his own home country. Besides the business that brings him to Sweden is always through his ship where he is a sailor therefore, cannot consider himself to have lived in Sweden for more than two years with his fiancée (Bogdanor, 2009). Likewise, the income threshold criteria applicable when sponsoring a spouse or relative to the UK should also be a factor to be considered by Paula (No5 Chambers 2014). Having lived in Sweden for a period of years, it is likely probable that her earnings in the country may not meet the required new income threshold introduced by the Home affairs office in sponsoring a spouse to live and probably work within the U.K (Gov.uk, News story, 2014). However, I may advice Paula that to avoid the strict Visa rules introduced and applicable within the UK, if she is serious in marrying her fiancée and spending the rest of her life with him, she should consider living with her fiancée in Sweden as he is allowed in the country because he is sailor of a ship which travels between Sweden and Somalia. This may be an easier way because her fiancée who has the permission to be in Sweden as a sailor may decide to apply to be allowed to live in the country only after advising Paula to seek Sweden citizenship under the spouse visa. Alternatively, they may have the option of moving back to Somalia where the husband is a citizen to start their lives afresh there as a married couple. According to The Human Rights Act is a UK law passed in 1998 (Bogdanor, 2009). Paula can dispute this by removing documents to prove that her fiancée has changed for the better. This she may achieve with the help of various Charities Supporting Others through Volunteer Action based in different parts of the UK. When the home office finds her husband legible to be granted spouse visa based on their acknowledgments of him trying to reform his criminal behaviour than such organizations like (SOVA) can ensure that Paula’s husband is not discriminated on different offenders based on his past criminal records. This organization will prove very essential in helping her and her husband to cope with life while living in UK (Brown & Wilkie, 2002). According to Article 122-5 Khalifia may argue that his sentencing related to manslaughter was based on self defense. Likewise, since Khalifia served his sentence in Somalia he may also be legible to be granted spouse visa if he can prove to the immigration department that he has been married to his wife who is a British national for a given or specific period of time. In so doing, Khalifia may decide to use the laws on disclosure which are highlighted Public Interest Disclosure Act 1998 to conceal his criminal record as he had served and completed his sentence. However, both of them should bear in mind that Khalifia records will be displayed through the Criminal Records Bureau check. He should only reveal this information when asked to do because also failing to produce such information when asked to do so may also lead to being dismissed from the list of legible candidates who have applied to relocate to the UK under the spouse visa. Alternatively, Paula may decide to advice his fiancée Khalifia to first apply to become a Sweden national because the visa application requirements for Spain are a bit less strict as compared to nationals of Somali. This is because in when they decide to get married in Somalia and look for the husband’s visa in the country they will subject to a lot of requirements which at the end may deny her husband the opportunity of travelling with her to the UK. However, when converted into Spain nationals, the requirements may be less tight as it may involve such things like just the immigration office as compared to visa requirement. In addition, Khalifia should be aware of his rights as an offender which are stated under the Rehabilitation of Offenders Act (ROA) which clearly state that individuals who have spent their conviction should not be forced to produce their criminal records or dismissed by any employment agency which are found under In section 48 of the 1996 Act (complaints to employment tribunals) (Bogdanor, 2009) ,However, he should only apply to this rule in cases where he is allowed to enter the UK because the law only applies in the UK (Cane, Conaghan, & Walker, 2008). Henry Scenario For Henry who is a UK citizen wishing to start his own private cosmetic surgery in Spain and who has been practicing in Cardiff for the last ten years should know that being a UK citizen, obtaining or getting the healthcare in Spain is different than when he wishes to start a private practice in UK. First of all, he should start by selling his timeshare ownership of his practice in Cardiff where he was currently working. To achieve this, he can begin by checking whether his agreement to rent his timeshare in Cardiff was either privately owned or through the timeshare company. He is then expected to contact his owners committee incases where he has one to give him an advice on how he should go about the entire process and when his agreements allows him to do so, he should then consider using the exchange schemes to make his timeshare in Spain more flexible. In addition, Henry should consider the numerous external factors like the Spanish authorities and legal issues which will affect him either positively or negatively in relation to the success of the private cosmetic surgery practice in Spain. Likewise he should note that Spain is being considered as a very bureaucratic country hence no matter the business one wishes to start there; the terms and conditions are similar and applicable to all. Moreover, there are different legal forms which can be used to start up a business in Spain. These legal forms are dependent on the size of the company or private cosmetic surgery practice as in Henry’s case, the owners and some additional factors which may be applicable in starting a business of company in Spain. The most common form is the one known as Sociedad limatada and equivalent of a limited company in other English speaking countries. Its advantages can be grouped into the minimal capital needed which is needed to start up such a company and the limited liability of the owners. Therefore, as Henry who is foreigner in the country, it is best that he selects the S.L form (RD - Law 13/2010) (Ferreres, 2013). The legal aspects will be also important for Henry who wishes to start a private cosmetic surgery practice to understand. This is because depending with the type of business one intends to start; the legal aspects can either be more or less complicated. Therefore he should seek legal advice at this stage. According to (RD 1/1995), this is because the private cosmetic surgery practice is considered into the category of companies who treats directly the public or have employees hence he will require permission to operate in the country. However, the legal requirements will be very strict as authorities over there are more careful with business that deal directly with employees or have employees as stated in Article 70: Definition of entrepreneurial and business activity. Since Henry will employ other staff members and will be dealing directly with the public whim he will be conducting different surgeries he will therefore decide the duration of his staying in the country and in the process he is required to comply with Article 67Length of validity of the residence authorization (Buxbaum, 1991). Moreover, my advice to Henry on setting up a private cosmetic surgery practice is that finding the right location and property will also be an important aspect in starting up his business in Spain. When selecting on the area to set his private cosmetic surgery practice he should have a good knowledge of the areas from his previous visits to the country or distance to where he plans in finding accommodation for himself after satisfying Article 64 which is the Form of accreditation of the investment. Likewise, he should be aware of the number of competition which provides similar surgery services like him in the location and the number of customers he expects to experience during different seasons like the winter amongst others. Moreover, of key importance to Henry is that he should be also to determine the amount of taxes he stands to pay in the province where he wants to set up his private cosmetic surgery practice (Ferreres, 2013). Since his line of work is regulated, he will be required to produce certain qualifications recognised by the Spanish authorities in order to allow him to exercise his economic activity in the region. Therefore, he will have to ensure that his papers are in order to be verified by the authorities concerned in the country. In so doing, he will have to obtain the NIE (Numero de Identificacion de extranjero) which is also known as the identification number for his practice within the country. To achieve this he will be expected to register to pay for the IAE also known as impuesto de actividades economicas, register for the declaration of starting a business also known as declaracion censal de inicio de actividad which can be easily done through the tax office and lastly apply or register for the social security or IAE (Wasserman & Kaszubski, 1980). According to in Regulation (EC) No 562/2006 of 15 March 2006 (Ferreres, 2013), being a national of the EU, Henry should note that it is not a must for him to have a work permit. However, when it comes to residence permit, he may decide to be as a resident of Spain if he intends in operating his business for a long time within the country in order to obtain various tax benefits in Spain as only after this can he be considered as a Spanish national. Likewise, Henry should ensure that his practice adheres to certain standards recommended by the government of Spain and customers in general. He should create a website describing the type of services they offer and where they are based in Spain. Likewise, the website should be able to show certain features like the different prices he will charge for different surgeries. He should also be able to offer personal consultation prior to conducting any surgeries to avoid him from legal suits which may be caused by wrong surgeries, negligence and the likes. He should also ensure his practice and the different procedures he performs from do not have certain unforeseen risk which may result after the surgery. Lastly, he should ensure that the standard of care offered at his practice is in harmony with the laws and policies of Spanish government pertaining to health issues within the country found in Article 71 -Highly qualified professionals (Campbell & Campbell, 2009). Bibliography OPPER, S., CARLSON, J., & TEICHLER, U. (1990). Impacts of study abroad programmes on students and graduates. London, Kingsley. JUDKINS, D. C. (1989). Study abroad: the astute students guide. Charlotte, Vt, Williamson Pub. WANKEL, C., & DEFILLIPPI, B. (2004). The cutting edge of international management education. Greenwich, Conn, Information Age Pub. CAMPBELL, D., & CAMPBELL, C. T. (2009). Legal aspects of doing business in Europe. Salzburg, Austria, Yorkhill Law Publishing. WASSERMAN, P., & KASZUBSKI, M. (1980). Law and legal information directory. Detroit, Mich, Gale Research. BUXBAUM, R. M. (1991). European business law: legal and economic analyses on integration and harmonization. Berlin, W. de Gruyter. 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