English Language Requirement Raised to A-Level Standard as Home Office Unveils Wide-Ranging Immigration Changes

The Home Office released an extensive update to the Immigration Rules under Statement of Changes HC 1333 this week, implementing wide-ranging amendments across visit, work, study, and family routes. While many provisions were anticipated following earlier policy announcements, several new measures and clarifications including a stricter English language requirement have now been confirmed.

Key Changes

Visa Requirements and Recognition:

Nationals of Botswana now require a visit visa with immediate effect (from 14 October 2025);
From 11 November 2025, Palestinians will also require a visa to enter the UK following the recognition of Palestine.

Youth and Education:

German students aged under 19 travelling as part of a group will be permitted visa-free entry from 11 November 2025, with the use of ID cards permitted for EU, EEA, and Swiss nationals aged under 19 in such groups;
The financial requirements for Student visa applicants will be increased for the 2025 – 2026 academic year, effective from 11 November 2025.

Dependants of Stateless Persons:

From 11 November 2025, partners and children of stateless individuals may apply for entry clearance or permission to stay under Appendix Statelessness if they formed part of the family unit before status was granted. Post-grant dependants may apply under Appendix FM.

Work and Economic Migration:

The Immigration Skills Charge will rise by 32% to £1,320 per sponsored year, adding further cost pressures to employers. The parliamentary process to implement the increase to the charge is scheduled to commence later this week so there is no set date yet;
English language requirements for Skilled Worker, Scale-up, and High Potential Individual routes will increase from B1 to B2 CEFR level (A-level equivalent) from 8 January 2026. This change will not affect individuals who are already on the relevant route prior to the implementation date.

High Potential Individual Route:

The number of eligible global universities will double, but the route will be capped at 8,000 places per year from 4 November 2025, with the aim of attracting up to 4,000 graduates annually.

Global Talent Route:

From 11 November 2025, the Global Talent route will be expanded to include a wider range of eligible prizes and to broaden the evidential criteria for demonstrating achievement and contribution, particularly for architects. Further amendments are anticipated in 2026 to extend similar enhancements to researchers, designers, and creative professionals in the film and television sectors.

Graduate Route Duration:

From 1 January 2027, the Graduate visa will reduce from 2 years to 18 months (still 3 years for PhD graduates).

Student to Innovator Founder Transition:

Effective 25 November 2025, students who have completed their course may switch directly to the Innovator Founder route and engage in self-employment.

General Suitability Rules:

The long-standing Part 9: Grounds for Refusal and Appendix FM suitability rules will be replaced with a new unified Part Suitability from 11 November 2025, consolidating overlapping refusal provisions into a single framework.

Seasonal Worker Route:

From 11 November 2025, workers may now spend up to 6 months in any rolling 10-month period instead of 12, introducing a 4-month cooling-off period before re-entry under the same route.

Ukraine Permission Extension Scheme:

From 11 November 2025, minor adjustments will be made to align a child’s leave with that of a legal guardian as well as parents.

Conclusion

These latest changes reflect the government’s continued tightening of the immigration system, balancing economic needs with political commitments to reduce overall migration. Employers and education providers should prepare for increased compliance costs, particularly due to the higher Immigration Skills Charge and B2 English language requirement, while students and recent graduates face reduced post-study work opportunities under the revised Graduate route.

The introduction of Part Suitability represents a significant procedural shift that will require careful analysis of how refusal criteria are applied in practice.

With many of the changes arriving imminently, some as soon as next month, we recommend that sponsors, employers, and migrants review their immigration strategies well in advance of the relevant commencement dates to ensure compliance and mitigate any potential disruption to visa planning or recruitment timelines.

Have questions? Get in touch today!

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The Upcoming Renters’ Rights Bill – What Landlords and Tenants Need to Know

The UK government is pressing ahead with major reforms to the private rental market through the upcoming Renters’ Rights Bill, expected to be one of the most significant changes in housing law for more than 30 years.

The Bill aims to strengthen tenants’ rights and rebalance the relationship between landlords and tenants. It will also introduce new compliance duties and procedural rules that all landlords and letting agents must understand and prepare for.

Below, you will find a summary of the anticipated key reforms and their implications.

Abolition of “No-Fault” Evictions (Section 21)

One of the most important reforms is the abolition of Section 21 notices, which currently allow landlords to evict tenants without providing any reason once a fixed term ends.

Under the new regime, landlords will only be able to seek possession under specified statutory grounds such as:

Serious or repeated rent arrears;
Breach of tenancy obligations;
The landlord wishing to sell the property;
The landlord or a close family member intending to occupy the property; or
The property requiring substantial refurbishment.

This change is designed to give tenants greater security and stability in their homes, while ensuring landlords retain legitimate grounds for possession when genuinely needed.

End of Fixed-Term Tenancies

The Bill will abolish the concept of fixed-term Assured Shorthold Tenancies (ASTs). All new tenancies will instead be periodic (rolling) tenancies, typically running from month to month.

This means tenants will have the flexibility to end their tenancy with a two-month notice, while landlords can only regain possession using one of the statutory grounds.

For tenants, this reform enhances mobility and prevents being “locked in” to long contracts.

For landlords, it reduces predictability and may require greater attention to cash flow and tenancy management.

Restrictions on Rent Increases

The Renters’ Rights Bill will limit rent increases to once per year and require landlords to give at least two months’ notice of any proposed increase.

Tenants will be able to challenge excessive rent increases through the First-tier Tribunal, which may substitute a market-based rent if the increase is deemed unreasonable.

Pre-set rent escalation clauses and rent bidding (accepting offers above the advertised rent) will be prohibited.

Landlords will therefore need to adopt more transparent pricing policies and maintain evidence of local market rates to justify rent adjustments.

Reform of Upfront Payments and Deposits

The Bill is expected to restrict landlords from demanding rent or deposits before the tenancy agreement is signed.

In most cases, the maximum deposit will remain capped at five weeks’ rent (six weeks where annual rent exceeds £50,000).

The Bill also contemplates clearer regulation of additional deposits for pet ownership, allowing landlords to request a reasonable extra amount to cover potential damage, subject to an upper limit.

These measures aim to reduce financial barriers for tenants at the start of a tenancy and prevent unfair pre-payment practices.

Strengthened Housing Standards – “Decent Homes” and Awaab’s Law

The government intends to extend the Decent Homes Standard (previously applicable only to social housing) to the private rented sector.

This means all rented properties must be safe, warm, and free from serious hazards such as damp, mould, or structural disrepair.

The Bill also incorporates principles from Awaab’s Law, which requires landlords to address health and safety hazards within strict time limits after being notified.

Landlords will face stronger enforcement powers from local councils and could face penalties for failing to maintain satisfactory housing conditions.

New Landlord Database and Ombudsman Scheme

The Bill will establish a national landlord and property database and a Private Rented Sector Ombudsman.

The database will require landlords to register their details and their rented properties. This is intended to improve transparency and help tenants verify whether a landlord is compliant.
The Ombudsman scheme will provide tenants and landlords with a quicker, lower-cost alternative to the courts for resolving disputes such as repair issues or deposit disagreements.

Failure to register or cooperate with the Ombudsman could lead to enforcement action and fines.

Protection Against Discrimination

Landlords and letting agents will be prohibited from imposing blanket bans on tenants who receive benefits or have children.

This provision aims to tackle widespread “No DSS” or “No children” policies and ensure fairer access to rental housing.

Implications for Landlords

The Renters’ Rights Bill represents a significant shift in the balance of rights between landlords and tenants.

Landlords will face:

Greater procedural hurdles for possession;
Stricter rent controls and challenge mechanisms;
Heightened repair and maintenance duties;
Increased administrative burden through registration and compliance systems; and
Potential financial pressure from delayed evictions or higher upkeep costs.

However, compliance with the new framework will also promote professionalism in the private rented sector and help maintain stable long-term tenancies.

Transitional Arrangements and Timeline

At the time of writing, the Bill will be back in the House of Lords for consideration of amendments on 14 October 2025 and it is expected to receive Royal Assent in late 2025, with most provisions coming into force during 2026 in phases.

Existing tenancies are likely to convert automatically into periodic tenancies after the commencement date, subject to transitional rules.

Section 21 notices issued before the effective date may still be valid for a limited period.

Landlords should therefore audit their current tenancy portfolio, update tenancy templates, and review rent review clauses, deposit terms, and maintenance procedures to ensure compliance once the Act comes into force.

Practical Advice for Clients

The advent of the Renters’ Rights Bill means that close attention should be paid to its changes by both tenants and landlords.

For Tenants

Review your tenancy agreement carefully before signing.
Keep written evidence of all communications with your landlord.
Report disrepair or safety issues promptly and in writing.
Do not pay rent or deposits before signing a written tenancy agreement.
If you receive a rent increase notice, check whether it complies with the new rules and consider seeking advice if it seems excessive.

For Landlords

Update tenancy agreements to comply with the new legal framework.
Register your properties as required and familiarize yourself with the Ombudsman process.
Keep clear maintenance records and respond promptly to repair requests.
Seek professional legal advice before serving any eviction notice or raising rent.

Conclusion

The Renters’ Rights Bill marks a new era for the UK rental market. While the reforms are primarily designed to protect tenants, landlords who prepare early and act transparently will be best placed to adapt and continue operating successfully under the new regime.

With the Bill now in its final stages, our firm will continue to monitor its progress and provide updates once the final version of the legislation and its commencement timetable are confirmed.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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Mayor of London Calls for Pause on New Immigration Rules

London Mayor, Sir Sadiq Khan, has called for a pause on the new immigration rules, introduced in July 2025. The Mayor’s comments come following reports that up to 300 Transport for London Staff are reportedly at risk of removal due to recent changes, according to the TSSA transport union.

The intervention puts Sir Sadiq at odds with the Labour government, which has continued the course of restricting legal migration, which surged to record levels over the past few years.

The government has introduced a number of tighter immigration rules, including an increase in skills and salary thresholds, which rose from £38,700 to £41,700 for the skilled worker visa route. For new entrants, the minimum salary increased from £30,960 to £33,400. Find out more about these changes in our article from July.

Some transport roles were also removed from the skilled worker list.

The Mayor stated that TFL staff were “unclear about whether they can stay in the UK and continue the important work they do for us”. He also added that the rules would “inhibit TfL’s ability to carry out its functions”.

Sir Sadiq’s comments represent a significant intervention, although are perhaps unsurprising given London’s reliance on skilled migration.

What happens to visa holders who are earning below the salary threshold?

For those workers who got your certificate of sponsorship for your first Tier 2 or Skilled Worker visa before 4^th April 2024, or you have continually held one or more Skilled Worker visas since then, you should continue to be able to rely on the transitional salary threshold of £31,300 until April 2030. This applies if you wish to extend or update your visa. Nevertheless, your salary will still need to increase in line with the new going rates each time you apply.

You can also be paid between 70% and 90% of the lower going rate of your job if you earn at least £25,000 per year and meet one of the following criteria:

you’re under 26, studying or a recent graduate, or in professional training
you have a science, technology, engineering or maths (STEM) PhD level qualification that’s relevant to your job (if you have a relevant PhD level qualification in any other subject your salary must be at least £28,200)
you have a postdoctoral position in science or higher education

Find out the lower going rate for your job here.

Our thoughts

Sir Sadiq Khan’s comments reflect ongoing uncertainty around how recent immigration changes will affect workers and employers alike. If you or your staff could be impacted by the new salary thresholds or visa rules, it’s important to review your immigration status and seek professional advice to ensure compliance and avoid disruption.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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Three Key Points to Consider Before Entering a New Commercial Lease

Entering into a new commercial lease offers greater flexibility compared to taking over an existing one, as both the tenant and landlord can freely negotiate the terms. If you’re a commercial tenant who is considering negotiating a new commercial lease, here are three crucial factors to keep in mind. Let’s explore them in this article.

Rent review

For long-term leases, e.g., leases over 5 years, a rent review clause is standard. This clause outlines how and when rent will be adjusted. A common approach is using open market rent valuation, where rent increases align with market trends. If market rents rise, your rent may increase significantly – potentially straining your budget. However, if market rents fall, your rent typically stays the same rather than decreasing. Alternatively, rent can be reviewed based on fixed increases – either a set amount or percentage. This method offers predictability, but it means rent could rise even if the market declines. Whichever method is chosen, it’s essential to negotiate rent review terms early in the leasing process.

Break clause

It can be financially onerous for a tenant to commit to a 10-year or even longer lease, especially if this is his/her first time doing business. To manage the risk, you may consider negotiating a break clause with the landlord. A break clause means that one party or both parties can terminate the lease in advance on the break date. The break date will usually be within the first few years of the lease term or sometimes be set at the halfway point of the lease term. This gives tenants flexibility if the property turns out to be unsuitable or if the business struggles.

However, although a break clause can be beneficial to the tenant, most landlords may not welcome it – they may prefer to choose a more stable tenant so that they do not need to worry about renting out the property again in just a few years.

Rent-free period

When leasing a vacant property, you may need time to carry out renovations or fit-outs before opening your business. Depending on the workloads of the alteration, it may take a few weeks or months before the business can officially launch to the public and the alteration costs can be extensive. During this alteration period, there can be no income from the business, while you are still required to pay the rent according to the lease. Negotiating a rent-free period can ease this financial burden, giving you time to get your business up and running before rent payments begin.

However, many landlords may be hesitant to agree to this, as it delays their income. To raise a rent-free period may also make the landlord question the tenant’s financial ability. Therefore, it needs to be considered carefully before raising it with the landlord.

Our thoughts

Securing a commercial lease with favourable terms can significantly impact your business’s success, both immediately and in the long run. Whether you’re starting out or expanding an established brand, always assess your bargaining power and negotiate strategically to protect your interests.

Need assistance with a new commercial lease, or indeed, any aspect of commercial conveyancing? Contact Lisa’s Law today.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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Right of Appeal Cancelled for Those with Leave to Remain With Few Exceptions

The Home Office has recently changed its ‘Rights of Appeal caseworker guidance’. The Home Office no longer offers a right to appeal where a person already has leave to remain. The only exception to this is people with 3C leave.

Previously, the guidance provided a right of appeal if the person’s application was refused and considered as a human rights claim. Under the new rules, if a person already holds any form of leave to remain (except 3C leave) and their application is refused, the only remedy is judicial review, unless a right of administrative review is available.

How did the right of appeal work before?

For example, before the change, if one person’s long residence application was refused because they had excess absences, it used to be considered as a human rights claim and a right of appeal was given.

However, this is no longer the case. If it is refused, it will not be considered as a human rights claim unless the application has been varied and is considered under Appendix FM and Appendix Private Life (such as but not limited to having a partner, a child or having been in the UK for 20 years). As such, the person will not have a right of appeal and the only option is to do judicial review.

One point to note is that this change does not apply when one’s asylum claim is refused; namely, holding leave to remain will not prevent one from having a right of appeal should one’s protection claim is refused.

Our thoughts

This change is likely to be controversial since it has always been the case that a person will be given a right of appeal despite having extant leave. Lisa’s Law has been ranked for personal immigration law by the Legal 500 and can be trusted to handle your case.

Please feel free to contact us if you would like to know more or have any questions.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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What Do the Police Know About Me? How to Access Your Police Records and More

Many people are surprised to learn how much information the police may hold about them, even if they’ve never been arrested or charged with a crime. Whether you are applying for a visa, a job, or simply want to understand what’s on record, you have the legal right to ask. In this article, we explain how to access your police records in the UK, what kind of information might be held, and what to do if you need a certificate of good standing (also known as a police certificate or certificate of no criminal record).

Your Right to Your Private Data

Under UK data protection law, you are entitled to see the information held about you by the police. This includes:

Details of any arrests or charges
Information recorded during investigations
Intelligence notes or local station records
Whether you have a criminal record (spent or unspent)
Or, to see if there are any entries on the Police National Computer (PNC) at all

This is called making a “subject access request”, and it’s a legal right under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). Anyone can request this whether you are a British citizen or a foreign visitor.

How to Make a Police Subject Access Request

While it is technically possible to make a subject access request for your police records online through the ACRO Criminal Records Office or directly to a police force, many people who attempt this on their own encounter unnecessary delays, incomplete disclosures, or difficulties challenging inaccurate information.

Although the process may appear simple, the reality is that it requires precise documentation, a clear understanding of the police databases involved, and careful wording of your request to avoid confusion or rejection. Even once submitted, the police have up to a month to respond, and in practice, complex cases often drag on for longer.

Most importantly, the disclosure you receive will not clear or amend your record—it only shows what is currently held. If you believe the information is wrong, outdated, or unfair, challenging it can be a legally complex process that is easy to mishandle without expert support.

For these reasons, trying to navigate this alone can cause more problems than it solves. Our team has the experience to ensure your request is submitted correctly, followed up promptly, and, if needed, escalated effectively. We can also advise you on the best strategy if you wish to challenge or remove inaccurate records.

Police Certificates and Certificates of Good Character

If you’re applying for a visa, emigrating, or applying for certain jobs abroad, you may be asked to provide a police certificate showing your criminal record status. This is sometimes referred to as a “certificate of good standing,” “certificate of no criminal record,” or “certificate of good conduct.” This is not the same as a subject access request. A police certificate is a formal document issued for visa and immigration purposes and is used by many countries including the USA, Canada, Australia, and New Zealand.

You can apply for a police certificate through ACRO:

The standard service takes about 20 working days.
You’ll need to submit passport, address, and a passport photograph.
There is a fee (£68 or £121 depending on processing time).
The certificate shows whether you have any criminal convictions, cautions, reprimands, or warnings recorded in the UK.

If you have no police record against you, you will receive a certificate that states there is “No Trace”, with an explanation that “You have no convictions, cautions, final warnings or reprimands recorded on PNC.”

What If You Want Something Removed or Corrected?

If you review your police data and believe it contains inaccurate or outdated information, or if you were never charged but your name still appears on record, you may be able to request its deletion. This is known as the Record Deletion Process.

For example, if you were arrested but never charged, or the case was dropped, you can ask for that data to be removed from police records. It’s not guaranteed, but it is possible, especially if the information is having an unfair impact on your life.

You may also have a right to ask for erasure under Article 17 of the UK GDPR, but this is usually subject to public interest tests.

We recommend getting legal advice before challenging police data, especially if it affects job or visa applications.

Final Thoughts

Your police record can affect your ability to travel, apply for work, or pass background checks. Fortunately, the law gives you the right to know exactly what’s held about you and to challenge it if it’s wrong.

If you need help accessing your police records, applying for a certificate of good standing, or correcting inaccurate entries, contact Lisa’s Law for expert advice. We’ll guide you through the process clearly, confidentially, and professionally.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Security for Costs: Key Lessons from High Court Decision in Sykes v Sumiki Ltd

The recent High Court decision in Sykes v Sumiki Ltd provides valuable guidance on the court’s approach to applications for security for costs, particularly where the appellant is resident outside the jurisdiction.

What is Security for Costs?

Security for costs is a mechanism under the Civil Procedure Rules (CPR 25.27–25.29) which allows a defendant (or, in appeals, a respondent) to apply for an order requiring the claimant or appellant to provide security by paying money into court to cover legal costs in the event they are unsuccessful. The purpose is to protect parties from the risk of pursuing costs orders against opponents who may have no assets within the jurisdiction.

Background to the Case

The case arose out of enforcement proceedings for a substantial loan guarantee. The appellant, who resided in Kenya, was appealing against a near £1 million judgment entered against him by the Central London County Court. Importantly, the appellant admitted that he had no assets within England and Wales.

The respondent therefore applied for security for its appeal costs, citing the risk and difficulty of enforcing any costs order in Kenya.

The High Court’s Decision

Mr Justice Mould held that:

Residence abroad is not enough on its own to justify security for costs. Following the well-established principles in Nasser v United Bank of Kuwait [2002] and Bestfort Developments LLP v Ras Al Khaimah Investment Authority [2016], the applicant must demonstrate a real risk of enforcement obstacles or additional burdens.
Evidence was produced that enforcement of English judgments in Kenya, while possible under reciprocal enforcement laws, involves procedural hurdles, potential delay, and additional costs. The judge accepted this as a sufficient basis to order security.
However, the court carefully limited the security to reflect only the likely additional costs of enforcement – setting the figure at £15,000 (significantly less than the £140,000 sought by the respondent).
The court declined to order security in respect of costs already incurred at first instance, emphasizing that such an order would require exceptional circumstances.

Why This Matters

This judgment highlights three important points for parties involved in cross-border disputes:

Foreign residence matters – but is not decisive: An applicant must show a real risk of difficulty or additional burden in enforcement. General assertions will not suffice.
Tailored approach: The courts will limit security orders to what is just and proportionate, often focusing on the additional enforcement burden rather than full projected costs.
Strategic considerations: Respondents facing appeals by parties with no UK assets should consider applying for security for costs early, supported by concrete evidence of enforcement risks in the relevant jurisdiction.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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UK Settlement to Become Harder Under New Proposals

The Home Secretary, Shabana Mahmood, has announced significant changes to the requirements for indefinite leave to remain (ILR) in her Labour Party conference speech.

Currently, most migrants can apply for ILR after five years of lawful residence, provided they meet requirements such as English language ability, good character, and integration. ILR grants permanent residence in the UK, with the right to live, work and study without time restrictions.

Labour proposals for indefinite leave to remain

Under the new proposals, Labour intends to extend the qualifying period from five years to 10 years while also introducing tougher conditions. Migrants would need to:

Demonstrate high-level English language skills;
Maintain a clean criminal record;
Provide evidence of community contribution, such as volunteering; and
Show they are financially contributing through National Insurance without reliance on benefits.

Labour argues that these measures would ensure settlement is a privilege earned through integration and contribution. This aims to create a direct contrast in their approach with Reform UK, who have pledged to abolish ILR altogether and require migrants to reapply for visas every five years.

The government’s announcement comes amid heightened political attention on immigration, with Reform currently leading the opinion polls. Prime Minister Keir Starmer has criticised Reform’s policy as “racist” and “immoral,” while Labour maintains that its own proposals represent “fair migration” within secure borders.

Our perspective

These proposals, if implemented, would significantly raise the threshold for migrants seeking permanent residence. Extending the qualifying period to 10 years would align the UK more closely with restrictive systems seen elsewhere, while the proposed conditions introduce additional layers of scrutiny that may be challenging to evidence in practice (for example, quantifying “community contribution”).

For applicants, the changes would mean longer periods of immigration uncertainty, higher application costs over time, and potentially greater vulnerability if unable to meet the new criteria. Employers may also face retention challenges if valued staff cannot progress to secure status.

While Labour’s proposals stop short of Reform’s radical abolition of ILR, they still mark a clear shift towards tougher settlement requirements. Migrants and employers alike should monitor developments closely and, where possible, plan early to secure ILR under the current five-year route before any reforms are enacted.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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Think Your Divorce Abroad Was Unfair? You Might Still Have a Case in England

In Potanina v Potanin (No. 2) [2025] EWCA Civ 1136, the Court of Appeal has revisited one of the most high-profile cross-border financial cases in recent family law. The decision clarifies when spouses can bring claims under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), what counts as a genuine English connection, and why hardship and fairness still matter.

For clients and practitioners, the case is a reminder that the “leave” stage under Part III is not meant to be a mini-trial. England remains open to applications where a foreign divorce leaves serious gaps in financial provision.

The background

Natalia Potanina and Vladimir Potanin, both Russian nationals, were married for over 30 years before divorcing in Russia in 2014. Mr Potanin is one of Russia’s wealthiest men, with assets held through complex corporate and trust structures.

The Russian courts divided only those assets legally in the spouses’ names. Holdings through companies or trusts were excluded. The result was stark: Mrs Potanina received less than 1% of the wealth – leaving her without access to an estimated US$6 billion. The Supreme Court later described her award as a “tiny fraction” of what she would have received if beneficial holdings had been considered.

After the divorce, she obtained a UK investor visa, bought a London property, and by 2016 was habitually resident in England. In 2019 she applied under Part III MFPA 1984 for permission (“leave”) to pursue financial relief here.

Cohen J initially granted leave but, after a contested hearing, set it aside and dismissed her renewed application. He considered her English ties “recent and modest”, described the claim as “divorce tourism”, and found Russia to be the more appropriate forum.

The Court of Appeal’s decision

The Court of Appeal (Cobb, Moylan and Falk LJJ) disagreed. It allowed her appeal and granted leave itself, highlighting several key points:

The threshold test under s.13: “Substantial ground” means a solid case with a real prospect of success – not proof of entitlement. The leave stage should not resolve disputed facts.
Connection to England: The law does not require a “substantial” connection, only a genuine one. Mrs Potanina’s investor visa, London property, and habitual residence since 2016 were enough to establish this.
Hardship and injustice: While not formal preconditions, they remain highly relevant. The extreme disparity between her Russian award and the husband’s retained assets demonstrated a strong case for injustice.
Jurisdiction under EU rules: At the time of her application, the EU Maintenance Regulation applied. Because she was habitually resident in England, the court had jurisdiction and could not dismiss the needs-based aspect on forum grounds.

The Court also criticised Cohen J for treating the leave hearing like a trial, undervaluing her English connection, and overstating her Russian ties.

Why this matters

This ruling has practical consequences well beyond its high-profile context:

For applicants: Part III remains a genuine safety net where foreign provision is inadequate. Habitual residence, a property interest, or a visa may suffice to establish an English connection.
For respondents: Dismissing a claim as “divorce tourism” is not enough. Unless there is a clear and decisive argument against jurisdiction, leave is likely to be granted.
For cross-border families: England continues to act as a forum of last resort where other systems exclude beneficial ownership or produce starkly unequal outcomes.

Key takeaways

Leave requires only a real prospect of success, not proof of entitlement.
A meaningful English connection – residence, property, or visa – is sufficient.
Hardship and injustice remain persuasive factors.
The leave stage is not a trial; disputed facts should be dealt with later.

Final thoughts

Potanina v Potanin (No. 2) reaffirms that English courts will not close the door on spouses left with inadequate provision overseas, especially where foreign law creates structural gaps. For international families, the message is clear: if a foreign divorce leaves you unfairly short-changed, England may still provide a remedy – provided there is a genuine link to this jurisdiction.

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What Will Happen to Those on Indefinite Leave to Remain if Reform UK Win the Next Election?

Reform UK has unveiled proposals that would abolish the right for migrants to obtain Indefinite Leave to Remain (ILR) in the UK after five years of lawful residence. Instead, migrants would be required to reapply for time-limited visas every five years under tougher conditions, such as higher salary thresholds and English language requirements.

This article takes a look at the party’s proposals, including what they mean for the hundreds of thousands of people currently on indefinite leave to remain in the UK.

The party argues that removing ILR would prevent long-term welfare dependency, with claims that this could save a highly disputed figure of £234 billion over several decades. It has also proposed restricting access to welfare to British citizens only and creating new visa routes for entrepreneurs, investors, and roles in acute skills shortage areas.

However, these proposals would have profound implications for the hundreds of thousands of migrants currently living and working in the UK.

ILR is a cornerstone of the UK’s immigration system, providing certainty to individuals and families who have built their lives here. It also serves as the primary route to British citizenship. Retrospectively removing the possibility of ILR could destabilise lives, separate families, and expose the government to significant legal challenges.

While the current government has floated proposals to lengthen the ILR qualifying period from five years to ten, Reform’s approach is unprecedented in its scope and severity. No other mainstream political party has proposed such a sweeping overhaul of settlement rights.

Conclusion

The abolition of ILR would represent a fundamental shift away from providing long-term security and integration opportunities for migrants. For individuals and families currently working towards settlement and citizenship, Reform’s proposals would create uncertainty and instability. Although politically eye-catching, it is doubtful whether such measures could be implemented without extensive legal, economic, and human rights challenges. For now, ILR remains intact, but applicants should keep abreast of political developments, as the pathway to settlement may face substantial reform in the coming years.

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Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

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James Cook

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October 16, 2025

English Language Requirement Raised to A-Level Standard as Home Office Unveils Wide-Ranging Immigration Changes

October 15, 2025

The Upcoming Renters’ Rights Bill – What Landlords and Tenants Need to Know

October 14, 2025

Mayor of London Calls for Pause on New Immigration Rules

October 10, 2025

Three Key Points to Consider Before Entering a New Commercial Lease

June 17, 2024 June 17, 2024

News and Insights

Key Changes

Visa Requirements and Recognition:

Youth and Education:

Dependants of Stateless Persons:

Work and Economic Migration:

High Potential Individual Route:

Global Talent Route:

Graduate Route Duration:

Student to Innovator Founder Transition:

General Suitability Rules:

Seasonal Worker Route:

Ukraine Permission Extension Scheme:

Conclusion

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Abolition of “No-Fault” Evictions (Section 21)

End of Fixed-Term Tenancies

Restrictions on Rent Increases

Reform of Upfront Payments and Deposits

Strengthened Housing Standards – “Decent Homes” and Awaab’s Law

New Landlord Database and Ombudsman Scheme

Protection Against Discrimination

Implications for Landlords

Transitional Arrangements and Timeline

Practical Advice for Clients

For Tenants

For Landlords

Conclusion

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What happens to visa holders who are earning below the salary threshold?

Our thoughts

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Rent review

Break clause

Rent-free period

Our thoughts

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How did the right of appeal work before?

Our thoughts

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Your Right to Your Private Data

How to Make a Police Subject Access Request

Police Certificates and Certificates of Good Character

What If You Want Something Removed or Corrected?

Final Thoughts

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What is Security for Costs?

Background to the Case

The High Court’s Decision

Why This Matters

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Labour proposals for indefinite leave to remain

Our perspective

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The background

The Court of Appeal’s decision

Why this matters

Key takeaways

Final thoughts

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Conclusion

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