Selling counterfeit goods on a UK e-commerce platform – can the platform withhold the payment?

Recently, several clients who sold counterfeit goods on a UK e-commerce platform have approached us after their payments were frozen indefinitely. The platform has withheld these funds pending proof from the merchants that the goods are authentic.

But why is this, and what can sellers do to remedy the situation? Find out here.

According to the Seller Terms, the platform has the right to withhold payments if it reasonably suspects a breach of the terms. However, the clause doesn’t specify how long the platform can withhold these funds, resulting in situations where sellers can’t prove authenticity, and the platform refuses to release the payments.

At first glance, this clause appears to give the platform broad authority to withhold payments in the event of any breach of the agreement. The issue is the broadness of the clause; read literally, it could allow the platform to withhold payments even for minor breaches. As the contract was made under the platform’s standard terms, the clause is subject to the “reasonableness” requirement under the Unfair Contract Terms Act 1977.

This means that if the platform relies on this clause to alter its contractual obligations substantially, it must be fair and reasonable to do so. Therefore, there are valid grounds to argue that this clause could be unenforceable.

However, under English law, courts will not permit a claim if it would result in the claimant benefiting from illegal activity. If the court determines that the goods in question are counterfeit, it would not order the platform to refund the seller, as this would conflict with the principle that one cannot profit from unlawful conduct.

Our advice

Given the UK’s strict laws against selling counterfeit goods, we advise our clients to verify the authenticity of products and their supply chain when selling in the UK to avoid future disputes.

Have questions? Get in touch today!

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Sumit Singh

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Lisa’s Law Earns Prestigious Legal 500 ranking

As a business with long-held aspirations to be one of the sought-after law firms in the UK, Lisa’s Law Solicitors recently became one step closer to that goal. Last week, we were delighted to receive the news that we have achieved a Tier 4 ranking from Legal 500 for the “Immigration: personal” category, putting us among a select group of top law firms nationwide.

In addition to our Legal 500 ranking, we also received the accolade for client satisfaction. This is awarded by the Legal 500 to law firms with exceptionally high scores for client service and client experience based on their client survey. It is particularly special to be recognised for our dedication to client satisfaction. With over 1000 reviews on Google and an average rating of 4.9, this has always been at the very heart of what we do here. We would like to thank our clients for being integral to our success.

Whilst we are well known for our Immigration Law practise area, we are equally experienced in Wills and Probate, Residential and Commercial Conveyancing, Family Law, Litigation, and Business Law. After receiving our ranking for personal immigration, we are now aiming to achieve rankings in all the other areas in which we practise law, with professional teams dedicated to each.

Since 1987, the Legal 500 has been regarded as the pinnacle for law firm rankings. According to the Legal 500, their research is “based on feedback from 300,000 clients worldwide, submissions from law firms and interviews with leading private practice lawyers, and a team of researchers who have unrivalled experience in the legal market.”

You can view our Legal 500 profile here to learn more.

Chuanli Ding, Managing Director, commented on the achievement:

“I feel very proud of our immigration team. They have always worked very hard and are a team of caring and considerate professionals. I would like to congratulate them on the great achievement they have made. The ranking is clear recognition of the quality service and client care they have provided to our clients.

I also strongly believe that we provide equally high-quality service in all other areas of our practice. We will seek to be ranked and gradually recognised for these other areas in the near future.”

Director and Immigration Supervisor, Mahfuz Ahmed added:

I am immensely proud of our immigration team for their hard work and commitment, which has led to our successful entry into the Legal 500 rankings. This accomplishment is a testament to the dedication and professionalism of our team, who consistently prioritise client care and excellence in service. Moving forward, we are committed to ensuring that we maintain and build upon our high standard of practice in immigration law.

Some of the testimonials collected by the Legal 500 research team about our service include the following:

‘The team was professional and non-judgmental. They were reachable which is key and always kept me up-to-date with my case.’
‘This practice stands out for its unparalleled dedication to personalised client care and innovative solutions. What sets them apart is their relentless commitment to understanding the unique needs of each client and tailoring their approach accordingly.’
‘Victor Falcon Mmegwa is the best solicitor I have had in my 12 years of dealing with legal issues. His patience, his understanding, always willing to help out, his advice is always the best, and most of all he’s a good listener.’
‘Lisa’s law was fantastic. They really were there to help from start to finish. They explained everything to me in the beginning and gave me their advice on merits and chances of success.’
‘Their responses were incredibly swift and clear, which made a world of difference for me.’

Require our services? Get in touch with us today.

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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Sumit Singh

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What Does it Mean to be the Guarantor of a Lease?

In the context of a lease, guarantors play a crucial role in ensuring lease obligations are being exercised and fulfilled when the tenant fails to meet the lease requirements. This form of extra security can be commonly found in many leases. Before putting down your signature as a lease guarantor, there are things you need to consider.

By Katherine Sun

Who can become a Guarantor?

Any individual or company can be a guarantor for a commercial lease. Before accepting a corporate entity as a guarantor, the landlord will normally check on its trading history and ask it to provide its bank statements, evidence of assets and trading references to assess its suitability. Landlords normally do not like companies which are newly incorporated or have no assets, as a company’s liabilities are normally limited. Once the company is dissolved, landlords will lose their security.

If you are an individual acting as a guarantor, you will take on personal liability for the obligations under the lease. Unlike the limited liability that a company has, you will be personally liable if the tenant defaults. It is important to note that your personal assets may be at risk. Of course, landlords will also carry out credit checks on you to find out whether you have any properties and your credit rating, which is the same with corporate guarantors.

What can happen to a Guarantor?

Generally, a guarantor is required to step in whenever a tenant defaults in their obligations under a lease. It could be failure to pay rent, to repair or to do (or not to do) something else. In practice, a landlord will normally seek enforcement against the tenant first. When failed, they will take action against the guarantor.

Depending on how a lease is drafted, it is not necessary for the landlord to serve a formal notice to the guarantor to continue fulfilling the lease obligations such as rent arrears or a repair covenant. Once the concern is raised with the guarantor, the liabilities are accrued. In the event that the landlord forfeits the lease due to a tenant default (or the tenant simply abandons the lease and vanishes, the landlord will typically require the guarantor to take on a new lease or make a payment to the landlord to satisfy the liabilities within the lease. If the guarantor also fails, the landlord could start legal actions against both tenant and guarantor.

How long will a Guarantor’s liabilities last?

Unless stated otherwise, a guarantor’s liabilities normally last as long as those of the tenant’s for whom it guarantees, which is normally until the lease comes to an end, is surrendered or the tenant is released from its liabilities by the landlord following assignment of the lease to someone else or in any other ways.

A guarantor can also be replaced with another guarantor, provided that the landlord agrees to it.

Understanding the meaning and potential liabilities of guarantors in leases is crucial for all parties in commercial conveyancing. It is vital to identify the risks and complications before you agree to become an individual guarantor.

If you have any query on this issue, please do contact our commercial conveyancing solicitors to find out more about the process and your business’ needs. We provide comprehensive advice that suits your objectives and aims.

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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Sumit Singh

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New Report Released about the UK Labour Migration System after the End of Free Movement

In September 2024, Focus on Labour Exploitation (FLEX) published a report on the UK labour migration system following the end of free movement. The report focuses on industry perspectives from sectors that have historically relied on migrant labour like hospitality, care, and agriculture.

Challenges brought by the end of free movement

The report highlights several challenges for both employers and workers in these sectors following the end of free movement in the UK. Employers now face high costs and administrative hurdles when hiring migrant workers through visa sponsorship, making it more difficult to recruit both from overseas and within the UK. Workers also struggle with high visa fees, adding pressure on both sides.

The report also notes difficulties in attracting domestic workers, particularly when it comes to live-in care and agriculture, where jobs can sometimes be viewed as undesirable. As a result, many roles are filled by migrant workers, largely due to wage differences and strict visa rules.

Since the end of free movement, wages have risen, but this is primarily due to increases in the national living wage. Shift patterns have also changed: hospitality has improved conditions to attract local workers, but the care sector has seen worsened conditions due to staff shortages. Recruitment agencies are commonly used, though it’s unclear if their role has expanded. However, outsourcing recruitment may also increase the risk of worker exploitation.

Sector-specific concerns

Additionally, the report highlights sector-specific concerns regarding the long-term sustainability of industries and service quality:

In adult social care, there are growing issues with the quality of care due to reduced time for care visits, with some visits now lasting only 15 minutes. This leaves both workers overstretched and care users receiving inadequate support.
In agriculture, there are fears over the future of UK fruit farming. Shrinking access to EU workers and a reluctance to use recruitment agencies or the Seasonal Worker Visa have led some growers to consider switching from fruit farming to less labour-intensive crops like cereals.
For the hospitality industry, the main use of the Skilled Worker Visa is for hiring chefs. However, the increase in the minimum income requirement in April 2024 casts doubt on whether this pathway will remain viable.

Overall, the report concludes that visa route changes since the end of free movement have caused risks and challenges for both workers and employers.

What solutions does the report offer?

FLEX recommended that the Home Office should set visa fees based on administrative costs to ensure fairness for workers and employers. It also calls for the creation of a Single Enforcement Body (SEB) to protect workers’ rights and ensure fair pay. It suggests reallocating resources from immigration crime inspections to ensuring sponsors provide fair work. Visa policies should allow job mobility and lead to settlement, and repayment clauses for recruitment costs should be banned. The government should also focus on improving wages and training rather than relying on discounted labour schemes.

Additionally, FLEX advocates expanding visa options, repealing the No Recourse to Public Funds (NRPF) policy to reduce poverty, and abolishing the Illegal Working Offence to enable safe reporting of exploitation.

Our thoughts

We are pleased to see that the report identifies key issues in the UK immigrant employment market and offers valuable suggestions for government action. We hope the UK government will improve its policies to better protect the rights and interests of both UK employers and migrant workers.

Should you wish to know more about the latest knew regarding skilled worker visas in the UK, please do not hesitate to contact Lisa’s Law and our experienced solicitors will be happy to assist you.

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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Sumit Singh

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No More BRPs issued from October 2024, With BRP Replacement Service Also Discontinued

On September 26, 2024, the Home Office updated its guidance documents, marking the end of the Biometric Residence Permit (BRP) replacement service. In addition to this, the beginning of October marked the end of BRPs being issued. This move is part of a broader shift towards a fully digital immigration system from 1^st January 2025. The decision came without a formal announcement, but details were sent to stakeholders on the same day. Keep reading to learn more about the end of the BRP replacement service.

Who will the closure of the BRP replacement affect?

The closure of the BRP replacement will affect the following cohorts:

Non-EEA national family members of EEA nationals whose Biometric Residence Card (BRC) has expired
People whose BRP or BRC has been lost or stolen
People whose relevant personal details on their BRP or BRC have changed (such as name, gender, nationality, or facial appearance changes significantly)

Still necessary to report lost or stolen BRPs

While BRC holders already have access to a UK Visas and Immigration (UKVI) account, BRP holders are now required to create one to obtain their digital eVisa. To do this, they can use their passport and the reference number from their most recent visa application. However, it’s still necessary to report any lost or stolen BRPs.

The Home Office also notified stakeholders that after October 31, 2024, no new BRPs will be issued, which explains the closure of the BRP replacement service. This has not been officially announced on the government website yet. However, Home Office guidance still advises people with indefinite leave in a passport to apply for a BRP through a No Time Limit (NTL) application, which seems contradictory to the closure of BRP replacement service.

How will individuals be able to return to the UK

A key concern is how affected individuals, particularly non-visa nationals, will travel and return to the UK until the end of 2024, when current guidance still instructs people to carry their BRP or BRC until the end of the year. It is likely because the integrates passenger information system with airlines is not yet fully operational.

The Home Office remains confident that its digital solutions will be effective. It has also set up alternative measures to confirm immigration status, “if for any reason the automated response is not provided–including a 24/7 carrier support hub.’’

Why are the Home Office no longer issuing BRPs?

BRPs are set to be replaced by a fully digital immigration system in the form of eVisas. We previously covered what an eVisa is and how you can register for one in an earlier article here.

You can also view our video explainer demonstrating how to register for an eVisa on the Home Office website here.

Our thoughts

In summary, the UK is transitioning to a fully digital immigration status system, and these changes mark the beginning of the end for physical BRPs. While the shift may cause some temporary confusion, the Home Office has set up systems to ensure a smooth transition. As the digital immigration system becomes a trend, we recommend that all UK visa residents transfer their BRP/BRC to an e-visa before the end of 2024, and all residents holding UK ILR vignette complete the NTL application as soon as possible.

Should you wish to know more information about eVisas, please do not hesitate to contact Lisa’s Law and our experienced solicitors will be happy to assist you.

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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Sumit Singh

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Avoiding Pitfalls in International Trade and Payments: Lessons from a Dispute Over Luxury Watches

At Lisa’s Law, we recently assisted a client involved in a contractual dispute over the importation of antique luxury watches. The case underscored the complexities of cross-border transactions, especially when dealing with high-value goods, cryptocurrency payments, and overseas counterparties.

The Dispute: Contracting for Limited-Edition Watches

Our client is a luxury watch dealer specialising in rare limited-edition timepieces. Given the nature of the timepieces – many of which were not available on the open market – it was necessary to collaborate with individual specialist middlemen and international sellers. The seller in this instance was an overseas company, and the intermediary handling the transactions was based locally.

The initial few transactions between our client and the middleman proceeded smoothly, with payments being made via bank transfer. It was during the heyday of cryptocurrency’s rise, and the parties mutually agreed to switch to cryptocurrency to lower the international wiring costs. Cryptocurrency was also chosen for its speed. For a while, this arrangement worked without issue, and they successfully completed several subsequent transactions.

However, problems arose after the first few deals. This time, after our client paid a large sum in cryptocurrency, the contracted watches were not delivered. It also appeared that the overseas seller had no knowledge of the trade. To complicate matters further, it was discovered that our client had contracted an intermediary that switched to using an overseas entity, registered in the Cayman Islands, which bore a similar name to the local intermediary. Although this was stated in the contract definitions, it had been overlooked.

The overseas seller denied any knowledge of this latest contract and refused to recognise it. Further complicating matters was the usage of cryptocurrency. While cryptocurrency can be beneficial for cost savings, proved difficult to trace and verify in this dispute. The lack of documentation and the challenge of tracking digital payments added extra complexity to the case.

Our client was understandably in a tough spot, facing growing pressure from their own buyers while still waiting for the delivery of these high-value watches. The overseas seller and intermediary seemed to be embroiled in internal conflicts. The delay in delivery stretched on for months, with no clear resolution in sight. Our client had also contracted for onward selling of these pieces and was facing great pressure from their own clients.

Resolution and Settlement of Contractual Dispute

Based on our extensive experience in handling cross-border disputes, we carefully assessed the legal hurdles our client would likely face if the case went to court. Also, they required the actual watch pieces for their business rather than just compensation. Recognising the complexity of the situation, we proposed to our client to first attempt at negotiating a resolution with both the intermediary and seller, while ensuring that we preserved our client’s right to legal recourse for breach of contract and unjust enrichment, should the negotiations fail.

Our team’s commitment to open communication and pragmatic problem-solving enabled us to bridge the gap between the parties and secure a favourable outcome for our client. The intermediary was eager to preserve its business relationship with our client and to protect their own reputation. Our client had to agree to pay a higher sum to the seller, but eventually, the contracted antique watches were delivered.

Key Points to Note for Businesses in International Trade

Although the case was ultimately settled, the ordeal highlighted several critical risks for businesses engaged in cross-border trade, particularly when dealing with high-value items and modern payment methods like cryptocurrency. While cryptocurrencies offer significant cost savings and efficiency in international transactions, they carry considerable risk when disputes arise. Businesses should weigh the benefits of using cryptocurrency against the difficulty of proving transactions and recovering funds in the event of a dispute.

The unnoticed change in the contracting party from a local intermediary to an overseas company with a similar name created significant confusion in the process. Businesses must carefully track the parties involved in contracts, especially when overseas entities are introduced. Cross-border agreements can introduce jurisdictional challenges, making it essential to ensure clarity about who the actual contracting party is and to verify their status regularly.

Lastly, for businesses dealing in high-value goods, it is crucial to have clear terms around delivery, payment methods and dispute resolution. In this instance, the rare and irreplaceable nature of the luxury watches made it critical to secure specific performance of the contract. Without detailed contract terms addressing these issues, disputes can quickly spiral out of control, particularly when the goods in question are both rare and expensive.

Conclusion

Ultimately, this case served as a powerful reminder of how modern payment methods, while convenient, can introduce unexpected complexities. For businesses dealing in high-value goods across borders, it’s crucial to stay vigilant, ensuring that each transaction is well-documented and secure. Businesses in international trade, especially with high-value goods, must stay alert when dealing with overseas entities. It is important to track any changes in contracting parties and ensure all transactions are properly documented and enforceable. As this case highlights, cross-border disputes are complex and can cause serious disruption if not managed properly.

(The details of this case, including the names of the companies and the nature of the goods, have been altered to protect confidentiality.)

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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Sumit Singh

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Purchasing properties in the UK as an overseas buyer

As a mature but relatively low risk property market, the UK has been attractive to many overseas buyers. In most cases, overseas property buyers purchase properties for two purposes: one is to provide accommodation for their children while they study and/or subsequently work in the UK, and the other one is as an investment.

Compared to many other parts of the world, rental income in the UK is relatively high. The value of the properties has been increasing since the financial crisis of 2008. However, due to different legal and tax landscapes governing the property market, overseas property buyers can face many challenges when buying properties in the UK. This article intends to address some common issues/questions overseas property buyers may have.

Funding

Unlike domestic buyers, it is more difficult for overseas buyers to obtain mortgages from lenders in the UK, as they are reluctant to accept evidence of overseas income. Although occasionally, overseas buyers may tend to use bridging loans for help, they are of short terms with very high interest rates and therefore very risky.

The majority of overseas buyers may have to rely on their own savings or gifts from family members. There must be clear evidence to prove that the cash comes from legitimate sources, otherwise, your conveyancers will not be able to accept it.

Transferring cash to the UK can be a challenge in some cases. Although UK laws do not limit how much a person can send funds there, your own country may impose its own transfer limits. As a result, you should look to plan earlier so that it does not delay your transaction.

Immigration status and overseas resident surcharge

There is no law absolutely banning foreigners from purchasing properties in the UK. In theory, as soon as you have enough funds, you can buy as many properties as you want. Equally, purchasing properties hardly adds any help to a person’s immigration plan to the UK. Further, from 1^st April 2021, as an overseas buyer, if you choose to buy properties in England and Northern Ireland, you will have to pay 2% overseas surcharge on top of the standard stamp duty you have to pay.

Higher rate stamp duty for additional properties

An additional higher rate of 3% on top of the standard stamp duty will have to be paid if a buyer has already had another property anywhere in the world. Although the law applies to domestic buyers as well, overseas buyers are more likely to be hit, as it is very likely that they would already have had another property in their own country.

Off plan purchases and high level of deposit

Many developers like to promote off plan purchases to overseas buyers. They normally demand very high deposits, 40% or even more. Such transactions are very risky. From time to time, developers fail to complete the construction of the buildings, due to lack of funds or experience. In the worst scenarios, buyers can fall victims to scams where the developers simply vanish after collecting deposit from buyers. It is therefore very important for overseas buyers to conduct independent check on developers’ trading history, financial status, experience and expertise in delivering such development project. It is also suggested that no more than 10% deposit should be paid before completion.

In addition to the above issues, overseas buyers should also be aware that they do not enjoy any income allowance, unlike UK residents. It means that they need to pay at least 20% income tax on any rental income they will receive if they plan to rent their properties out. If they do not plan to rent their properties out, they may have to pay higher council tax in some parts of the UK, as those councils try to discourage people from purchasing additional properties as investment in their areas.

Our thoughts

In any event, property purchase is an important investment. It is always prudent to make sure that you know the relevant law and make detailed plan before committing yourself to it. Should you need any help, Lisa’s Law will always be available to assist with our experience and expertise.

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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Sumit Singh

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Victim of Cryptocurrency Fraud Failed to Claim Against a Crypto Exchange

A claimant was recently induced to transfer approximately £2.5 million in cryptocurrency to unknown persons who were posing as a reputable American brokerage firm. However, it turned out to be a scam. With cryptocurrency’s emergence as a new and largely unregulated technology, it has often been used as a way of defrauding individuals. Today, we look at a long-running litigation case in which a victim of cryptocurrency fraud failed in their claim due to being unable to prove that the funds had reached the account he was claiming against.

Let’s find out more about the case.

Background

The cryptocurrencies were moved through various blockchain wallets in a series of transactions. The claimant alleged that a portion of his cryptocurrencies eventually reached the wallet of Bitkub Online Co. Ltd, a crypto exchange (“Bitkub”). He claimed against Bitkub in unjust enrichment and as a constructive trustee of the misappropriated funds.

It was held that the claimant failed to prove that on the balance of probabilities any of his cryptocurrency had reached the relevant wallet on the Bitkub platform. As the claimant failed to establish this factual issue, his claims upon the imposition of a constructive trust and in unjust enrichment were dismissed.

Decision

The court decided that Tether USDT is a property for the purpose of English law. It is neither a chose in action nor a chose in possession but a different form of property which can be the subject of tracing and can constitute trust property in the same way as other property. This reasoning should also apply to other cryptoassets such as Bitcoin and NFTs.

The court considered that a constructive trust could be imposed on Bitkub if the claimant could demonstrate that he could trace the misappropriated cryptocurrency to the wallet of Bitkub and also Bitkub received the assets with knowledge of fraud.

The court also confirmed that the defence of bona fide purchase for value without notice is available to the claim for cryptocurrency.

Although the claimant failed in this action, this judgment provides a practical guide on a number of important issues relating to cryptocurrency claims.

Need litigation assistance? Contact us today. We would be happy to help.

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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Sumit Singh

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Should I put my business property lease in my personal or company name?

Taking on a business premises can be a high financial commitment. When entering a long-term lease with the Landlord, you typically do so with the confidence that your business will thrive and remain stable in the years to come. However, unforeseen circumstances can arise, and the type of lease you sign may put you in a challenging situation. Therefore, it is crucial to consider whether to put your business property lease in your personal name or in your company’s name.

Pros of entering the lease under a company’s name

A limited company has its own legal entity since the first day of its incorporation, which means that the company itself should be responsible for any debts owed by it. No matter you are a director or a shareholder of the company, most of the time you will not be personally responsible for the company’s debts. Put the lease under your company’s name can thus prevent you from being personally responsible for the lease.

In addition, if your company has operated for several years with extensive business experience and has previous rental history, the landlord is likely presuming that the company is a reliable tenant. As a result, the process of negotiating the lease with the landlord can be smoother and the landlord may not require a big amount of rent deposits or impose other hefty requirements.

Furthermore, tax issues should also be taken into consideration. A company may benefit from several tax reliefs and potentially lower tax rates. Put the lease under the company’s name may well save your money.

Cons of entering the lease under a company’s name

While it is always ideal to enter a lease under your company’s name, things can get tricky if the company is newly incorporated or it has little or no trading history. In this situation, it is likely that the landlord will demand a substantial rent deposit (often 3-6 months’ worth, but can be more). The landlord may also require you to provide a personal guarantor for the lease. The personal guarantor should normally be in a financial situation which is satisfying to the landlord.

For example, an ideal guarantor shall have some fixed assets, have stable revenues and preferable be a UK resident. Since the guarantor’s potential liability can be heavy, it is not easy to find a suitable person acting as a guarantor for you. These requirements are to ensure that the landlord will not suffer too much loss when the tenant’s finance is in problem, which means that it may be difficult to negotiate with the landlord to give up these requirements. If you cannot meet them, you may have to enter the lease under your personal name.

In conclusion, leasing business property is a complex decision with potential risks. It is essential to thoroughly understand these risks and weigh your options carefully before committing.

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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Sumit Singh

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New Right to Work Guidance Confirms Supplementary Work Update

Ensuring that employees possess the right to work is vitally important for employers. If employers are found to have employed staff who do not have the right to work, this can have devastating consequences. This includes outcomes ranging from civil penalties, to criminal sanctions.

Meanwhile, ensuring tenants have the right to rent is equally important. A landlord could be sent to prison for 5 years or get a fine for renting to someone they knew or had “reasonable cause to believe did not have the right to rent in the UK”.

The Home Office has issued new versions of the Employer’s guide to right to work checks and the Landlord’s guide to right to rent checks.

Update to employer’s guide

Reasons why the Home Office recommends businesses to require their contractors and labour providers to carry out right to work checks on those they employ or engage
When there is a technical issue beyond the employee’s control such as the production of an incorrect share code or they are temporarily unable to generate a share code, the employer or employee can contact the UKVI Resolution Centre on 03007906268 for help
Confirms that indefinite leave to remain endorsements in a current passport will be acceptable proof of right to work
Giving more details on the distinction between volunteering and voluntary work, who can undertake each under the conditions of their visas and voluntary fieldwork
Confirming that persons with Skilled Worker permission are able to undertake supplementary employment in any of the Standard Occupational Code (SOC) 2020 occupation codes listed in Tables 1 to 3 of Appendix Skilled Occupations of the Immigration Rules (ie any role that is eligible for a new application under the route). This is subject to the additional conditions for supplementary employment.

For further details, please see here.

Update to landlord’s guide

Confirming that from 31 October 2024, all new frontier worker applicants will receive a digital identity and not a BRP
Landlords who need help carrying out a right to rent check should call the Landlord helpline on 03007906268
If tenants need help accessing or using their Home Office online immigration status services, they can contact the UKVI Resolution Centre on 03007906268
If a prospective tenant can produce documents from the list, such as a passport (whether current or expired) endorsed to show that the holder is allowed to stay indefinitely in the UK including indefinite leave to remain endorsements in a current passport from a Crown Dependency, they will not require a follow-up check.

For further details, please see here.

If you have any questions regarding any of the above, please feel free to contact us and we will be happy to help.

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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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Sumit Singh

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