How will the 2025 UK Immigration Changes Affect International Students?

In May 2025, the UK government announced a number of significant changes designed to reduce legal immigration in their Immigration White Paper. Among the areas targeted were study visas, which have come under increase pressure in recent times. International students should pay attention to these changes.

The Labour government have continued to clamp down on immigration, with the Immigration White Paper aiming to reduce the UK’s reliance on foreign labour in favour of upskilling its domestic workforce.

Part of the concern around student visas is the fear that they are open to exploitation, and the idea that students who have no interest in completing their course will use them to stay in the UK or to claim asylum. The white paper also references the fact that of 30% of asylum claims come from visa holders, and of that 30%, almost half of these come from students.

Let’s take a more detailed look at how those on student visas could be impacted by the recent announcements.

Shortening of the Graduate Visa Route

One significant change which was announced is the shortening of the Graduate Visa Route from 2 years to 18 months. This means that a student who graduates from university will now only have 18 months to find work and switch to a long-term work visa such as the Skilled Worker Visa. It is expected that PHD students on the Graduate Visa will continue to be able to stay in the UK for three years post-graduation, however this is not yet confirmed.

The government have also announced plans to introduce a levy on higher education provider income from international students, which will be reinvested into the “higher education and skills system”. No detail has yet been provided as to what this levy will be, but further details are set to be announced in the Autumn budget.

The announced change follows an increase in the number of graduates who are staying on as part of the Graduate Visa route from less than 100,000 in 2022 to 250,000 in 2024.

Tightened Sponsor Compliance Rules

The Immigration White Paper also contains a number of proposals set to impact student sponsors. At the moment, a sponsor will fail its Basic Compliance Assessment (BCA) if they do not have:

a visa refusal rate of less than 10%
a course enrolment rate of at least 90% and
a course completion rate of at least 85%.

Sponsors which fail at least one of these metrics can have their sponsorship licences revoked. They can also be temporarily removed from the Register of Student Sponsors for up to two years.

What new sponsor compliance rules have been proposed?

Raise the minimum pass rate for each of the BCA metrics by five percentage points
Simultaneously implement a new Red-Amber-Green banding system to rate the BCA performance of each sponsor and to increase transparency around which are failing
Introduce new interventions for sponsors who are close to failing their metrics. This will include placing them on a bespoke action plan designed to improve their compliance. They will also have limits imposed on the number of new international students they can recruit while they are subject to those plans
And finally, to require all sponsors wishing to use recruitment agents for overseas students to sign up to the Agent Quality Framework. This is designed to maintain the highest standards of agent management, and ensure that institutions cannot simply outsource their responsibility to ensure that the individuals whose visas they are sponsoring are genuinely coming to the UK to study.

How can Lisa’s Law help you?

At Lisa’s Law, we specialise in assisting students with visa applications, ensuring you meet all requirements and have the best chance of success. Our team will help you navigate the process, from the initial application to maintaining your status while studying in the UK.

Whether you’re an undergraduate starting your academic journey, a postgraduate advancing your career prospects, or a graduate extending your stay to explore professional pathways, our team offers clear, expert advice tailored to your circumstances.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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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Can you correct a title register mistake? A recent case sheds light

What happens if you think there is an error on the title register of your property? Can you alter such a title register mistake?

The answer is yes, but be aware that you will need to provide valid proof, especially if that mistake involves other’s land. What amounts to valid proof of a title registration mistake? A recent judgement in the Upper Tribunal (Lands Chamber) sheds some light on this.

The Tribunal recently heard an appeal case, Mr Kayalaipilai Suhitharan v Mr Henryk Jan Iwaskiewicz [2025] UKUT 144 (LC), and decided the First Tier Tribunal erred on their judgement in relation to a mistake on first registration. The Tribunal stressed again that title to registered land in England and Wales depends upon the register, not upon deeds. Although the register can be altered if it contains a mistake, and sometimes preregistration deeds can be evidence of a mistake on the register.

Background

The case involves 2 neighbouring freehold properties, number 4 and number 2 in Bedford. The Tribunal was showed plans of the land before changes were made by the land registry.

One plan shows the original boundary of number 4, including an area added in 1996. The other shows number 2 with the disputed land shaded, before any changes. The disputed land includes a garage with a large door and a driveway where cars are parked. The garage has a door into number 4’s garden.

The Respondent bought number 4 in 2000. He believed that the disputed land was part of his property based on the estate agent’s brochure, which described a driveway and garage belonging to number 4. He used the driveway and garage without problems until 2019, when the Appellant bought number 2. The Appellant then objected to the Respondent parking there and installed a bollard to prevent it. In response, The Respondent applied to the Land Registry to clarify his ownership. The legal framework relied on is Schedule 6 to the Land Registration Act 2002, on rectification on title.

Notably, the Respondent did not provide the deed showing his ownership or his solicitor’s files from 2000. He argued that older deeds from the 1940s indicate the disputed land was part of number 4, suggesting a mistake was made during the land registration process when the land was left out. He did not specify when the registration took place.

At First Tier Tribunal, the Judge considered the evidence provided but had ignored the need to find two mistakes: both the omission of the disputed land from the title to number 4 and its inclusion in the title to number 2 and had not establish the nature (including the timing and the manner) of the mistakes.

Principle of Title Registration

The Judge directed the register to reverse the alteration on the title based on FTT’s decision. He concluded that the Respondent did not demonstrate that the land was incorrectly omitted or included due to a mistake. His failure was not in finding a mistake per se, but in proving that such a mistake occurred. He did not examine historic copies of the register, which are available for inspection, nor did he investigate when the properties were first registered or when registration became compulsory in Bedford.

This limited investigation prevented him from uncovering explanations such as sale transactions or adverse possession that could clarify discrepancies. The evidence he presented only showed discrepancies between the register in 2019 (and at his purchase in 2000) and the register in 1946, nearly 80 years prior. Such a long period makes discrepancies insufficient grounds to claim a mistake.

The judge highlighted that the principle of title registration is that ownership titles for registered land depends on the registration process itself, not solely on deeds or historical records. Therefore, inconsistencies with older deeds do not automatically indicate errors on the register.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Are Homebuyers Bound by Previous Boundary Agreements? Insights from Bishop v Jaques

Owners of neighbouring properties may make boundary agreements during their ownership to define the boundaries of their properties and set down the rules and conditions of the parties’ conduct regarding or about the properties, requiring them to do something or prohibiting them from doing something, such as fence maintenance, right of way and light.

A frequent question raised by buyers in the course of conveyancing is whether they, as new owners, will be bound by such boundary agreements by previous owners and hence need to be aware of them. This issue was most recently dealt with by the case Bishop v Jaques [2025] UKUT 141 (LC).

Background

In summary, Bishop v Jaques, concerned an appeal regarding a boundary dispute between Graham Porteous Bishop (the appellant) and Linda Margaret Jaques (the respondent). The dispute was over the boundary between a strip of land known as “The Avenue,” owned by Mr. Bishop, and the garden of Beacon Cottage, owned by Mrs. Jaques.

Both The Avenue and Beacon Cottage were originally part of a larger estate called North Lodge, a substantial house with extensive grounds situated on North Trade Road in Battle. The Avenue lies immediately to the west of Beacon Cottage’s garden and leads from North Trade Road past Beacon Cottage to further cottages and other land that was once part of the estate.

Beacon Cottage was conveyed out of the North Lodge estate in a 1949 conveyance to Francis Garret Ridley. While no copy of this conveyance survives, a memorandum from a 1954 abstract of Mr. Ridley’s title includes what the FTT considered an accurate copy of the 1949 Conveyance plan. This plan depicts the western boundary between Beacon Cottage and The Avenue (referred to as the “roadway coloured green”) by a solid line, indicating a boundary feature taller than 12 inches.

For Mr. Bishop, The Avenue provides access to a potential development site, which also belongs to him. The width of The Avenue is crucial and decides whether such development is feasible.

Among the various evidence adduced by both parties was a memorandum signed between the previous owners of The Avenue (and North Lodge) and Beacon Cottage in 1971, which provided that “the strip of land and the trees thereon which forms the western boundary of Beacon Cottage is the property of the said Stewart Grant Dewar”. The relevant issue is whether this memorandum is binding on Mr Bishop and Mrs. Jaques.

If the memorandum was held to be binding on the parties, it would mean that the Avenue was much narrower and hence would not be able to support the proposed development. Mr Bishop argued that it should have no binding on him, as it was made between the previous owners of the properties and he was not aware of it.

On the other hand, Mrs Jaques argued that the memorandum defined the boundary of the parties and should be complied with, irrespective of whether the parties were previous owners or current. She also argued that she had been in adverse possession of the disputed land since at least 1980 and had acquired title to it before the commencement of the Land Registration Act 2002.

Judgment

The FTT did not agree with Mr. Bishop’s argument and dismissed his application on the following three points:

The memorandum was decisive and clearly defined that the trees and the strip of land on which they stood were part of Beacon Cottage.
It was consistent with the historic paper title established by a 1949 conveyance of Beacon The FTT concluded that the line of pine trees that lined The Avenue in 1949 was most likely the feature intended to mark the boundary in the 1949 Conveyance.
If the previous findings were incorrect, the FTT alternatively found that Mrs Jaques had acquired the title by adverse possession nevertheless.

Mr. Bishop appealed against these conclusions to the Upper Tribunal (Lands Chamber), which also dismissed his appeal. The Tribunal upheld the FTT’s finding that the 1971 Memorandum was a valid and binding boundary demarcation agreement. This agreement definitively established the boundary, making the other grounds of appeal regarding the 1949 paper title and adverse possession irrelevant to the outcome.

Our thoughts

Lisa’s Law does agree with the Tribunals’ above findings. Agreements of a proprietary nature like the 1971 memorandum in this case between property owners defines the boundaries and other features of the properties. It limits what the owners can sell and pass on to their buyers and what the buyers can receive as new owners. They are surely to be bound by such agreements.

This case illustrates the importance of full disclosure of historic agreements concerning properties in the course of conveyancing, as it will enable buyers to fully assess what they are purchasing and whether they will be bound by an agreement made by two complete strangers to him!

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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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Are Covert Recordings Allowed in Family Law Proceedings? FJC Issues New Guidance

The Family Justice Council (FCJ) has recently issued long-awaited guidance on the subject of covert recordings in family law proceedings. Family court cases, particularly those involving children, can often be highly emotional, and recording conversations to support your side of the story may feel like a practical way of supporting your argument. However, this can come with a number of risks attached.

And in a world where mobile phones enable litigants to record video and audio without the knowledge of others around them, it has become a necessity for clearer advice to be issued.

Let’s take a look at the guidance recently issued by the FCJ on the topic of covert recordings.

What is classed as a covert recording?

When recording someone, you might assume they are of it. However, a covert recording is classed as any recording which is made without the knowledge, or permission of someone else. They could be a professional, adult, or a child. This also includes both audio and video recordings.

There is no guarantee that a covert recording will help your case, and it could be considered an invasion of privacy or harassment. It is also a contempt of court and/or a criminal offence to record court proceedings, including remote hearings.

How will the court decide whether the covert recording can be used in evidence?

There are a number of considerations that the court must take into account when deciding whether a covert recording can be used.

They will therefore consider the following questions:

Why was the recording made?
Who was recorded and when?
Was the recording edited in any way?
Is it the whole recording, and if not, is the whole recording available?
Does it help the court understand something important—especially about the child’s welfare?

It is important to note that placing a recording device on a child may always be considered wrong, regardless of whether or not they know it is there. The court may however not look quite as harshly on recordings of a parent or professional.

Guidance on Submitting Covert Recordings as Evidence

Our family law solicitor advises the following when considering submitting covert recordings as evidence:

Covert recordings require the court’s permission to be admitted as evidence. Their use is subject to strict scrutiny, and courts generally discourage reliance on such recordings—particularly in cases involving children. If you still wish to submit a covert recording, please carefully consider the following:

1. At an early stage of the case, you must clearly explain the background and circumstances of the recording. If you intend to rely on the recording, you should seek the court’s permission by filing a Form C2 application, which must set out:

• The time, location, and individuals involved in the recording
• Whether the recording is complete and unedited; if any editing has been made, the reasons for doing so
• Whether any children are involved, and whether the recording contains leading questions or language intended to elicit favourable responses

Important: You must not submit only selective excerpts that support your case. The court will usually require all relevant recordings to be disclosed to ensure the material is not taken out of context.

2. Be prepared to bear the associated costs and legal responsibilities:

• The court may require a full transcript of the recording, which will be at your expense
• If the authenticity or reliability of the recording is challenged, the court may direct an independent forensic expert to carry out a technical assessment

Warning: Depending on the circumstances, the court may consider covert recordings to constitute abusive behaviour, which could adversely affect your position in the proceedings.

3. Relevance to the case, particularly to the welfare of the child

The content of the recording must be directly relevant to the key issues in the case—especially matters concerning the welfare of the child. If a recording is submitted merely to embarrass or discredit the other party, the court is unlikely to attach weight to it.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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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Legal Remedies for Water Damage from a Residential Leak in Commercial Units

In the UK, especially in cities, it can be quite common to have a situation where a residential property is above a business. When a commercial unit suffers water damage due to a residential leak from the property above, legal responsibility can be complex, especially when both units share the same landlord. The primary legal question is whether the commercial tenant should claim against the residential tenant directly or hold the landlord accountable for enforcing the lease covenants.

Should a commercial tenant claim against the residential tenant or landlord?

Generally, a tenant experiencing water damage would initiate a contractual claim against their own landlord for breaching repairing obligations or violating the covenant of quiet enjoyment.

However, this route is not viable if the landlord’s breach pertains to their contract with another tenant — such as the residential tenant above. Due to the legal principle of privity of contract, the commercial tenant cannot sue the landlord over obligations owed to someone else unless certain conditions under the Contracts (Rights of Third Parties) Act 1999 are met. However, this is rarely the case in standard tenancy agreements.

How can the commercial tenant claim?

Despite this, the commercial tenant is not without recourse when it comes to residential leaks. They may pursue a non-contractual claim against the landlord, such as one based on negligence or nuisance. Courts have held landlords liable for nuisance where a failure to repair an upstairs leak causes damage to a downstairs property. Additionally, the Defective Premises Act 1972 may apply if the landlord retains repairing obligations under the residential lease.

Direct claims against the residential tenant are typically unviable unless the tenant was personally negligent or caused a private nuisance. If the cause of the leak stems from the landlord’s failure to maintain the property, the responsibility is more appropriately directed toward the landlord through tortious or statutory remedies.

Our thoughts

In conclusion, when it comes to a residential leak and a commercial property is impacted in a situation where both tenants share the same landlord, the commercial tenant is more likely to succeed by pursuing the landlord through non-contractual claims rather than taking action against the residential tenant.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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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Hidden Terms and Conditions – When Can You Push Back?

In a world of online sign-ups, automated checkouts, and fast-moving transactions, it’s increasingly common for important contractual terms to be tucked away in hyperlinked documents or embedded in lengthy terms and conditions.

But what happens when you’re held to a term you didn’t see or weren’t clearly told about?

The Legal Test: Fair Notice and Incorporation

Under English law, a contractual term is only binding if it has been properly incorporated. For this to happen, the term must be reasonably brought to the other party’s attention before or at the time of agreement. Courts take a particularly strict view when the term is onerous or unusual. For example, a steep cancellation charge, automatic renewal, or narrow time limit. In such cases, mere inclusion in standard terms or a hyperlink is rarely enough.

The principle was famously confirmed in Interfoto Picture Library v Stiletto [1989]: if a party wishes to rely on a burdensome term, they must do more to highlight it. This requirement applies just as much in digital contracting today.

Consumer Protections Go Further

For consumers, additional protection comes from the Consumer Rights Act 2015 and the Digital Markets, Competition and Consumers Act 2024 (DMCCA). For instance, a subscription services who states a right (e.g. “you can cancel”) but omits crucial limitations (e.g. “within 24 hours and only by mail”) may be guilty of a misleading omission under Section 227 DMCCA. Such terms may be deemed unenforceable, especially where the consumer relied on the incomplete information.

What Can You Do If Caught by a Hidden Term?

Act promptly: If you’ve been hit with an unexpected fee or penalty, respond in writing and state clearly that the term was never disclosed or explained.
Gather evidence: Look for emails, screenshots, or messages showing what was (or wasn’t) said at the time.
Raise legal grounds: Mention lack of incorporation, unfair terms, or misleading omissions, depending on context.
Seek advice: Where significant sums or repeat conduct are involved, consider formal legal advice or contacting Trading Standards.

In sum, not all small print is binding. Businesses that hide key terms behind links or vague wording may find themselves exposed.

At Lisa’s Law, we regularly assist clients who have been caught out by hidden or unfair contract terms, particularly in housing, consumer, and online service agreements. Whether you’re disputing a cancellation charge, facing enforcement of unclear terms, or seeking to understand your rights before signing, our team can provide clear, practical advice. If you believe you’ve been misled or pressured into an agreement, we are here to help you challenge it with confidence.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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UK Net Migration 2025: What the Latest Statistics Mean for You

Today the government released the latest UK net migration statistics for the year ending December 2024, and I wanted to break down what they actually mean for you and your family. As someone who’s been helping clients navigate this system for years, I can tell you these numbers tell a story that’s both encouraging and concerning.

UK Net Migration Is Down – But Why?

Here’s the headline: UK net migration dropped by nearly half in 2024, falling to 431,000 from 860,000 the year before. That sounds dramatic – and it is. But here’s what’s really happened, and it’s important to understand.

This drop isn’t due to anything the current Labour government has done. These UK net migration figures reflect the stricter visa rules introduced by the previous Conservative government at the end of 2023. It’s taken this long to see the full effect – that’s usually how immigration policy changes play out.

What were those changes? If you’re a care worker, you can no longer bring your family with you to the UK. The same goes for international students. And if you’re applying for a Skilled Worker visa, the salary requirements have gone up significantly. These policies were brought in quickly and hit hard – and we’ve been seeing the impact on real people and real cases all year.

What This Means for Different Types of Applications

Here’s what we’ve been seeing across the board:

Care workers and healthcare applicants: The ban on bringing dependants has been especially tough. Many have had to choose between staying in the UK for work or being with their family. The numbers back this up – work-related immigration from outside the EU dropped by 49%.

Students and their families: Things have changed dramatically. International student numbers are down 17%, and a big part of that is families not wanting to be separated for years while one person studies in the UK.

Employers: If you’re trying to sponsor someone, you’ve probably already noticed the rising salary thresholds. That’s especially difficult in sectors like healthcare and education, where wages haven’t kept pace with the new rules.

The Asylum System

While UK net migration is down overall, asylum claims have actually gone up – by 17%, reaching over 109,000 people. Around a third of these individuals arrived via small boats, and small boat arrivals rose by 14%.

If you’re waiting on an asylum decision, the situation is unfortunately getting harder. The success rate for claims has dropped to below 50%, compared to 61% previously. That means cases are taking longer, getting more complex, and requiring stronger supporting evidence. We’ve had to be much more thorough in every application we prepare.

What’s Coming Next: Labour’s New Immigration Plans

The current government isn’t just relying on the drop in UK net migration – they’re planning even tougher measures:

Care visa routes are being closed completely
Lower-skilled work visas are being phased out
Language requirements are getting stricter
The path to permanent residence is getting longer

This last point is huge. If you’re planning your long-term future in the UK, it’s important to understand that what was once a five-year path to permanent residence may now take significantly longer. This affects everything – from getting a mortgage to planning your family and making career decisions.

My thoughts

These policies work exactly as intended. When the government wants to reduce immigration numbers, they can do it through visa restrictions. We’ve just seen the proof.

But there’s a human cost here that the statistics don’t capture. Behind every number is a family making difficult choices, a worker changing career plans, or someone waiting longer for certainty about their future.

For those of you currently in the system or thinking about applying, here’s what this means practically:

Start planning earlier. Everything is taking longer and getting more expensive. If you’re thinking about bringing family members or changing your visa status, don’t wait.
Get your language skills up. The new requirements are going to be tougher, so start preparing now rather than scrambling later.
Keep realistic expectations. Success rates are dropping across several visa categories, which means we need to be even more careful about how we prepare applications.
Think long-term. The path to settlement is changing, so we need to plan your immigration journey differently than we might have even two years ago.

Conclusion

The latest UK net migration statistics show that the government is serious about bringing numbers down, and the policies are working. Whether you think that’s good or bad probably depends on your situation, but as your legal adviser, my job is to help you navigate whatever system we’re dealing with.

What I can promise you is this: immigration law is getting more complex, not simpler. The days of straightforward applications are largely behind us. But with proper planning and realistic expectations, there are still paths forward for people who want to build their lives in the UK.

If you’re concerned about how these changes might affect your case, don’t wait to seek advice. The earlier we can start planning, the better positioned you’ll be to handle whatever comes next.

The government has shown that when it wants to reduce UK net migration, it can. Our job now is to help you find your place within whatever system emerges from these ongoing changes.

James Cook

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New Rules Set to Protect Buy Now Pay Later Customers in the UK

The UK government has announced that it is set to introduce new rules around buy now pay later from next year. This will give the 11 million shoppers in the UK who use it stronger rights and clearer protections from next year when using companies like Klarna, Laybuy and Clearpay.

Recent figures from Money Wellness have shown a 68% increase in the last year in the number of people who are seeking help with debt caused by buy-now pay-later, demonstrating its increasing prevalence and its impact on people’s finances.

But what are the current issues with buy now pay later? And what has the government announced to protect consumers? Keep reading to find out.

What are the current problems with Buy Now Pay Later?

At the moment, there is very little regulation regarding buy now pay later (BNPL), leading critics to describe the industry as being like a “wild west”.

Some of the issues with the current BNPL system include the following:

The sector is largely unregulated, meaning providers don’t have to follow the same rules as traditional credit lenders.
People can access BNPL without any checks to see if they can afford repayments, which increases the risk of falling into debt.
Purchases made using BNPL aren’t covered by Section 75 of the Consumer Credit Act, so consumers have fewer rights if something goes wrong.
BNPL is often promoted heavily during the checkout process, sometimes being shown as the default payment method, especially on websites aimed at lower-income users.
The terms and conditions can be unclear, leading many people to misunderstand how BNPL works or overlook the potential consequences of missed payments.
Consumers can’t currently take complaints to the Financial Ombudsman Service if they have a problem with a BNPL provider.
Most BNPL firms don’t report borrowing to credit reference agencies, which means debts can go unnoticed and make it harder for people to manage their overall financial picture.

What Buy Now Pay Later rules are being introduced?

In October 2024, the government published a consultation setting out their plans to regulate the BNPL market. Following this, they recently announced stronger rights and clearer information for consumers which will bring BNPL in line with other products. This includes the following:

Upfront checks to make sure that people can repay what they can borrow
Fairer and faster access to refunds
The right to also complain to the Financial Ombudsman

These rules are to be implemented from next year, and therefore consumers won’t notice any change for the time-being. This forms part of the government’s plans to reform the Consumer Credit Act to deliver a modernised, “pro-growth” regime.

Our thoughts

Ultimately, the proposals to reform the Consumer Credit Act by introducing stricter regulations around buy now pay later should be seen as a positive for consumers. At a time when the UK continues to face a cost of living crisis, many people living on the breadline have turned to forms of credit like buy-now pay-later who may not otherwise be able to access credit in the form of credit cards. The reforms introduced by the government will therefore go some way to helping to protect financially vulnerable people from incurring significant debt due to usage of buy-now pay-later.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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How to Make a Successful Human Rights Claim Under EX. 1 of Appendix FM of the Immigration Rules

We frequently receive enquiries from clients who state that they have a partner with British Citizenship in the UK who they are not married to and have not lived with for at least 2 years as required under the Appendix FM of the Immigration Rules.

Because of this, a number of clients feel that they should get married to their partner or live with their unmarried partner for at least 2 years before an application for leave to remain under family life in the UK.

With the professional assistance of our immigration team at Lisa’s Law, we recently helped a client to get granted leave to remain under EX.1 of the Appendix FM of the Immigration Rules.

In this article, we explain in detail how we helped a client who lived with their unmarried partner for less than 2 years to get granted leave to remain.

Brief facts of the case

Our client entered the UK with a 6-month visitor visa in August 2014. After the visa expired, the client did not make an application to extend their visa and remained in the UK as an overstayer. The client entered into a relationship with their current partner, a British citizen, in April 2022. They started living together as an unmarried couple in July 2023.

The client’s partner’s children are from previous relationships and were born in the UK. They are also British Citizens. The client, their partner and the client’s partner’s children all live together as a family unit.

Our advice

We advised the client to make an application for leave to remain on the grounds of their relationship with their partner and the partner’s children.

We further advised the client that representations would be made with evidence supporting this, stating that it would be unreasonable to expect the client to leave the UK because they have a genuine and subsisting relationship with their partner’s British children and it would be unreasonable to ask them to leave the UK. Therefore, removal would break their right to family life under Article 8 of the ECHR.

The client and their partner were happy with our advice and instructed us to prepare and submit an application for leave to remain.

Application

In February 2025, we submitted an online application for leave to remain on the client’s behalf.

Legal Submissions

We submitted the following submissions in support of our client’s leave to remain application:

The relationship is genuine and subsisting.
They still intend to live together and settle in the UK.
The client has a good relationship with the partner’s children.
The client is such a great role model and parent figure to all of the partner’s children.
The client has built up family life in the UK with their relationship with their partner and the partner’s children who are all British Citizen. Removal would break the client’s right to family life under Article 8 of the ECHR.
The client’s relationship with their partner can’t continue outside the UK.
The partner is the sole responsibility of all their children, and the other children’s parent will not allow and give consent for the children to leave the country with the parent.
Child 1 is attending University in the UK and relies on the parent for financial support for them to continue with their studies.
It will be unfair for child 1 to drop out of university in the UK and leave the UK with their parent.
Child 2 is very settled in their school in the UK.
Child 2 is receiving special needs support from their school and it would be unfair if this support was disrupted if child 2 was forced to leave the UK.
Child 2 will not receive the same leave of support they are receiving in the UK in the client’s country of origin.
There will be insurmountable obstacles which would be faced by the client and their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the client and their partner.

Evidence

In terms of evidence, we submitted the following. Please see below:

Passports
Birth Certificates.
Various photographs.
Signed witness statement of the partner.
Payslips
Bank statements.
Tenancy agreement.
Utility bills.
Screenshots of messages.
Letter from University.

Outcome

Our client was granted leave to remain under EX.1 of the Appendix FM of the Immigration Rules.

The Home Office stated that our client met the requirements of the 10-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM. As it would be unreasonable to expect the client to leave the UK because they have a genuine and subsisting relationship with the partner’s British children and it would be unreasonable to ask them to leave the UK.

Final thoughts

It is possible for someone to be granted leave to remain even if they have lived with their partner as unmarried couple of less than 2 years as required under the Appendix FM of the Immigration Rules. As long as you can satisfy EX 1 of the Appendix FM of the Immigration Rules. In my opinion EX.1 of the Appendix FM of the Immigration Rules is a board definition.

At Lisa’s Law, we will take detailed instructions of your case in particular as to why the relationship can’t continue outside of the UK. We will advise you on the evidence needed which supports your instructions regarding the above. We are here to provide you with professional, one-on-one support throughout your application journey.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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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Court Dismisses Claim in Student Accommodation Valuation Dispute: Lessons on Surveyor Negligence

This dispute involves surveyor negligence the valuation of a derelict site in Aberdeen, intended for redevelopment into Purpose Built Student Accommodation (PBSA). The project was to be carried out by a special purpose vehicle, which was granted a 170-year lease of the site. The lease’s ground rent terms are central to the case.

The Claimant provided mezzanine financing secured on the Leasehold, relying on a valuation of the Leasehold provided by the Defendant, a surveyor’s firm. The Claimant alleges that this valuation was negligent. Ultimately, the Development was sold for a much lower price (£4.2 million) than the valuation (£16.58 million), resulting in the Claimant recovering no return on its investment.

Legal Framework

The court had to consider the following:

Valuation – Professional Standards of the Royal Institution of Chartered Surveyors (RICS Red Book)

The RICS Red Book is the globally recognised set of standards and guidance for professionals engaged in valuation, property, and construction. It ensures consistency, transparency, and professionalism in valuation practices.

Duty of Care and Principles of Professional Negligence

A duty of care is a legal obligation requiring professionals to adhere to a standard of reasonable care while performing their services. Chartered surveyors owe a duty to their clients (and sometimes third parties) to provide competent, accurate, and unbiased valuations. Breach of duty occurs when a professional fails to meet the accepted standards, such as making errors in valuation, misrepresenting facts, or neglecting relevant information. When a breach of duty causes harm or financial loss to a client or third party, the professional can be held liable. The claim hinges on proving that the professional’s negligence directly resulted in the damage.

Causation and Reliance in Negligence Claims

In negligence claims, establishing causation and reliance is crucial: The claimant must demonstrate that the professional’s breach of duty directly caused the loss. This involves proving that the harm would not have occurred ‘but for’ the professional’s negligent conduct. The damage must be foreseeable; not all consequences of negligence are recoverable if deemed too remote. The claimant must show they relied on the professional’s valuation or advice when making decisions. This reliance must be reasonable; if the claimant ignored obvious flaws or did not rely on the valuation, their claim may fail. Courts often use the ‘but for’ test to establish causation and consider whether the reliance was justified and reasonable.

Decision

The court ruled that the Defendant surveyor’s firm was negligent in failing to warn about the burdensome ground rent terms and the lack of comparable evidence, which affected the reliability of the valuation. However, it also found that the Claimant mainly relied on the overall reasonableness of the valuation figure itself, and the missing warnings would unlikely have changed their decision to invest. Consequently, the court dismissed the Claimant’s claim, concluding that the alleged breaches did not cause their loss since they would have proceeded regardless.

This ruling serves as a reminder to property professionals and investors to investigate further on the unsuccessful investment projects, whether a breach of duty is indeed responsible for the actual damages before pursuing experts for negligence-related claims.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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