Home Office backtracks on immediate rise in financial requirements for family visas

The Government announced late last year that they would be increasing the financial requirement for applications made for family visas. Such a huge increase has understandably caused great concern for those intending to make an application in the future and those who are currently in the UK with a family visa.

Presently, the financial requirement for a spouse visa is that the sponsor must be earning £18,600 per year. The government was intending to increase this to £38,700 per year all at once.

When making the announcement, little information was provided as to what would happen to those who are currently on visas in the UK when they need to apply for an extension.

The announcement faced a huge backlash among much of the public, and a petition was submitted requesting that the government don’t increase the financial requirement. This petition stated that most people in the UK do not earn so much money and that people are being punished for falling in love with someone of a different nationality.

The petition, which has gathered over 40,000 signatures so far, can be found here.

The Government has responded to the petition by finally outlining more details about the family visa salary threshold increase.

What are the stages of the salary threshold increases?

The Government intends to increase the salary threshold but will do so in stages. The first stage being Spring 2024
In Spring 2024 the minimum income threshold will be increased to £29,000.
A further increase will be to £34,500, a date yet to specified.
A final increase to £38,700 will be set in early 2025.
There no longer will be a child element to the minimum income requirement
For those who are currently on family visas, when going for their extension applications, the current financial requirements will apply, not the increased amount.

This will put many currently on spouse visas at ease knowing that they will not be affected by the changes.

Although the announcement of the staggered increases are welcomed, these changes are scheduled to take place within a very short timeframe, with the final increase being scheduled for early 2025. We will keep you updated on any changes or updates on this.

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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James Cook

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Child Adoption – how does the process work?

In the UK, if you want to adopt a child, you must go through formal procedures. This involves the court issuing a “Child Adoption Order”. The function of an adoption order is to formally sever the legal relationship between the child and their biological parents, and to establish an order to form a new relationship with the adoptive parents.

In this article, we will explain the entire process of child adoption to you and how to apply for an adoption order.

Am I eligible to adopt?

Since 30 December 2005, the Adoption and Children Act 2002 and The Family Procedure “Adoption” Rules 2005 have overhauled adoption law. The updated law aligns child adoption with the Children Act 1989 and seeks to ensure that issues including birth parent consent are addressed at an earlier stage.

These laws prioritize the welfare of children and allow parents to adopt as single applicants. Furthermore, couples living together – whether they are married, in a civil partnership or in an enduring family relationship, can also apply for an adoption order at the same time.

You also do not have to be a British citizen to adopt a child. However, you (or your partner) must have a fixed and permanent home in the UK, Channel Islands or Isle of Man. You (and your partner) must have lived in the UK for at least one year before starting the application process. In addition, potential adopters must meet other criteria including not having criminal convictions for certain crimes.

Those who meet the above preliminary criteria also need to be evaluated to test their suitability, as well as their ability to meet the needs of adopted children. They will therefore be assessed on the following:

Physical health
Mental health
Current and past relationships with partners, friends and family
Experience with children
Financial status
Work commitments
Their ethnic and cultural background
Sympathy and understanding of the underlying issues faced by adopted children
Other special circumstances

The child adoption process

If you want to adopt a child through an agency, you have two options:

Adoption agency affiliated with your local council
Voluntary adoption agency

You will need to contact an adoption agency and they will send you information about the child adoption process. Once the agency receives your application, they will do the following:

Invite you to attend a range of preparation courses: these are usually held locally and provide advice on the impact that adoption may have on you;
Arrange for a social worker to visit you multiple times and conduct assessments. This is to check if you are suitable to be an adoptive parent.
Arrange a police check: If you or an adult family member has been convicted of a serious crime, such as against a child, you will not be allowed to adopt.
You are asked to provide the names of 3 referees who will provide you with personal references. One of the referees can be a relative.

Arrange for you to have a full medical examination.

Next, the social worker will send your assessment report to an independent adoption panel. This is a group of people with experience in adoption. The team will make a recommendation to the adoption agency based on your evaluation. The adoption team will send their recommendations to the adoption agency, who will then decide whether you are a suitable adopter.

Once your agency decides that you are a good candidate for child adoption, they will begin the process of looking for the child. The agency will explain how the process works and how you can get involved.

During this process, the adoption agency will arrange to meet with you, and you may also be invited to attend meetings with other people who want to adopt. If you and the agency agree to proceed, the agency will give you an application form. The adoption approval process usually takes about 6 months. You will then be matched with a child for adoption.

If an adoption agency says you can’t adopt and you disagree with the agency’s decision, you can take the following steps:

Challenge their decision by writing to them
Make an application to the Independent Review Mechanism, which will investigate your case.
You can also contact another adoption agency, but you will have to start the process all over again.

How to apply to the court for a child adoption order?

As mentioned earlier, in order to legalize an adoption, you need to apply for an adoption order. This will give you parental rights and responsibilities over your child.

The court requires that the child must have lived with you for at least 10 weeks before you apply. Once the command is granted, then:

Adoption becomes permanent
Children have the same rights as your own biological children, such as inheritance rights
You can purchase a copy of your adoption certificate—you will not automatically receive one.

It is worth mentioning here that most applications for adoption orders are made in the Family Court. You need to submit a completed application for an adoption order to the court: Form A58. If your application is successful, the Registrar General’s Office will produce an Adoption Certificate. This will replace the original birth certificate and show the child’s new name.

If you want a copy of the new certificate you will need to buy one, a ‘full’ copy of the certificate costs £11 and you can order one. This is important, you will need the full version of the certificate to do most legal work for your child, such as getting a passport.

If you hire a family lawyer, your lawyer will assist you in this process.

How do I adopt a stepchild?

If you want to adopt your spouse or partner’s child, you need to tell your local council. You must do this at least 3 months before applying to court for an adoption order. The child must also have lived with both of you for at least 6 months.

The adoption process for stepchildren is similar to that of an adoption agency and requires an evaluation. The evaluation is used to help the court decide whether you can adopt the child.

The court will ask your local government to provide a report that will be used to help the court make its decision. If approved, the adoption order will give you parental responsibility for the child.

It is important to note that once an adoption order is in effect, it cancels any other type of court order regarding how and when the child’s biological parents can visit the child.

What is a private adoption?

If your relative unfortunately passes away, and you want to adopt their child and give them adequate care, you would be adopting privately (not adopting through an agency). An example of this would be existing relatives who want to adopt the child, or the child is already with the proposed child. Non-institutional adoption is allowed if the applicants live together.

The Adoption and Children Act 2002 defines these circumstances and allows adoption by relatives, including the following:

Grandparents
Brothers and sisters, including half-brothers and sisters
Stepparent
Aunts and uncles include half-siblings of either parent, or aunts or uncles by marriage or civil partnership.

If you proceed with a private child adoption without the correct legal guidance, you may face criminal prosecution, so it is important that you take professional advice from a specialist lawyer to ensure that you are acting within the law and safeguarding your child’s future.

Want to adopt a child from overseas?

You can adopt a child from overseas if:

They cannot be cared for in a safe environment in their own country
Adoption is in their best interest
The adopter has been assessed by a UK adoption agency as being eligible and suitable to adopt from overseas.

If you would like to adopt a child from overseas, you should contact an adoption agency in the UK via:

Your local government in England and Wales
Local health and social care trusts in Northern Ireland
Voluntary adoption agencies that handle overseas adoptions

The child adoption process, like a local adoption in the UK, will be completed by a UK adoption agency and fees may apply. If you have been assessed and approved by a UK adoption agency as being suitable to adopt, they will let you know what you need to do next and guide you through the steps.

Your application will be sent to the Department for Education (DfE) or your relevant UK central agency to check whether it meets the eligibility criteria. The Department for Education or your relevant UK central agency will then issue a Certificate of Eligibility for Adoption and send it to the relevant overseas agency together with your adoption application. Some countries require notarization, certification, and translation of adoption applications and supporting documents.

Once a match is made, you will need to visit the child in their country and confirm in writing that you have visited them and wish to proceed with the adoption. It is worth noting that you may need to go through adoption tribunal proceedings in your adopted country and in the UK. Once the placement is completed, you will need to arrange entry permission for the child to enter the UK.

The Department for Education charges a non-refundable application fee of £2500 (minus VAT) in order to adopt a child from overseas.

As a reminder, the UK restricts adoptions from the following countries:

Cambodia
Guatemala
Nepal
Haiti
Ethiopia
Nigeria

If you want to adopt a child from a restricted country, you will need to explain in writing why your situation falls within the exception (for example, adopting a family member) and provide supporting evidence. Learn how to apply for an exception to adopt a child from a country on the restricted list.

Our advice

If you are thinking of adopting a child, regardless of the method, we recommend that you contact a solicitor as early as possible to discuss the relevant legal restrictions and help you review whether you are eligible to adopt a child.

In addition, a lawyer can assist you throughout the application process so that you can obtain the adoption order more smoothly. If you have the above needs, please contact Lisa Law Firm. Our family law team has many years of experience in this area and can assist you with a series of procedures.

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.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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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Solicitor fired by immigration advice business due to direct race discrimination

An employment tribunal has ruled that a solicitor was fired by an immigration advice business due to her race. With immigration lawyers often representing some of the most marginalised people in society, it might seem surprising to see a case involving direct race discrimination against an immigration solicitor emerge. However, this is what happened to Indian national, Mayuri Manjula, when she was dismissed.

Miss Manjula subsequently claimed that she was a victim of direct discrimination. This was based on her belief that a British employee would not have been treated the same way when handing in their notice.

So why did the employment tribunal find that Ms Manjula was fired due to her race? Let’s take a look at the background and facts of the case in more detail.

Background

Miss M Manjula v Immigration and Nationality Services Ltd and IANS Solicitors Ltd

Mayuri Manjula originally qualified as a solicitor in India before moving to the UK. Initially, she worked as a Business Development Manager for her employer, Immigration and Nationality Services Limited, owned by Ian Refugio. Prior to this, she self-funded her own qualification and admission as a solicitor in England. After being employed by the law firm IANS Solicitors Limited, also owned by Mr Refugio, her firm obtained a sponsor license which extended her visa.

Manjula had handed in her notice after being offered a role at KPMG, one of the ‘Big Four’ accounting firms. She was willing to work more than four weeks of her notice but was told to leave immediately by her employer, who cited a “breakdown in trust and confidence” for this decision.

During a meeting notifying the owner, Ian Refugio, that she would be resigning to work for another employer, Manjula claimed that Refugio responded angrily and banged on the table. She claimed that her employer said: “You plan to leave the employment? I extended your visa and now you plan to leave? What about the visa costs? You influenced me to pay for your visa and now you say you want to leave! I am disappointed that I trusted you!”

After being told that she must leave immediately, she repeatedly stated that she was required to give her four weeks of notice and expected to receive four weeks of payment in lieu of notice. However, she was dismissed by her employer.

What claims did Miss Manjula bring forward?

Manjula subsequently brought a number of claims as a litigant in person including the following:

Unfair dismissal
Wrongful dismissal
Unauthorised deductions from wages
Direct race discrimination under the Equality Act 2010 Section 13
Failure to Provide a Statement of Particulars
Indirect Race Discrimination

When it came to the Claimant’s claim for direct race discrimination under the Equality Act 2010, the tribunal had to decide whether the Respondents treated the Claimant less favourably on the grounds of race. In particular, “as a non-British national migrant worker compared to British-national workers”. The claimant provided three comparators for the direct race discrimination claim. All three were non-migrant British National workers that had left the company.

The period the tribunal focused on was after 9^th March 2022 when Manjula notified her employer that she was resigning. It would also focus on the alleged dismissal of the Claimant later that day, a dismissal which was denied by the Respondents.

Let’s take a look at what the tribunal decided on each of these claims.

Judgement

All claims other than the one for indirect race discrimination contrary to the Equality Act 2010 succeeded. The indirect race discrimination claimed failed due to being presented out of time.

The judge found that Mr Refugio had a habit of dismissing migrant employees without paying them their notices monies and/or wages owed. At the time of the hearing, which took place a year and a half after the claimant was dismissed from her employment, Ms Manjula had still not received the money she was owed. The money owed by her employer, IANS Group, totalled £7,930.29 overall.

When comparing the situation of Ms Manjula with that of her non-migrant comparators, it was found that the others had not been treated the same way. The closest comparator, Maryam Sufi, was also a Solicitor and was not treated in the same aggressive manner as the Claimant was when she resigned.

The tribunal found that the motivation for Mr Refugio becoming angry was that she had resigned after her employer had helped her remain in the UK over three years of employment. The behaviour by Mr Refugio in becoming angry and dismissing her may have been unconscious, but according to the tribunal it was motivated by race. It was therefore also discriminatory on the grounds of race.

Direct race discrimination

Following the summary of evidence which was gathered by the tribunal, it was found by the tribunal that this inferred that direct race discrimination of the Claimant had taken place. The burden of proof shifted to the Mr Refugio, who had to provide evidence that “amounted to a non-discriminatory reason for the treatment of the Claimant” on 9^th March 2022.

As the respondent failed to prove a non-discriminatory reason, the tribunal decided that the aggressive behaviour directed towards Ms Manjula that day, as well as her summary dismissal on that date amounted to direct race discrimination.

Unfair dismissal

Regarding the claim for unfair dismissal, the claimant had been continuously employed by the respondent for more than two years. Employees have the right to challenge a dismissal if they have been continuously employed by their employer for more than two years as per section 95 the Employment Rights Act 1996.

The Tribunal found that following Ms Manjula’s resignation, the Respondent brought forward her date of termination, amounting to her summary dismissal. If an employer decides to summarily dismiss an employee during their period of notice, the employee will be considered to have been dismissed by their employer. Was this an example of an unfair dismissal?

Despite the respondents giving the reason for dismissal as misconduct, i.e. Manjula finding alternative employment, this was found not to have been a sufficient reason for the summary dismissal of the Claimant. The claim for wrongful and unfair dismissal therefore succeeded. The reason for this is that the Claimant was entitled to a four week notice period which she was not giving the opportunity to serve.

Our thoughts

This is a case which highlights the nuanced nature of discrimination law under the Equality Act 2010. While the dismissal could be regarded as more cut and dry in terms of being unfair and wrongful, on the face of it, one might not initially realise that the dismissal of the claimant was also an example of direct race discrimination. Indeed, Ms Manjula herself did not initially claim direct race discrimination.

However, the pattern of behaviour by the respondent in behaving differently towards non-migrant British workers who resigned, as well as his outburst and dismissal of the claimant following her resignation, were found to be an example of direct race discrimination. As discrimination under the Equality Act 2010 can be both conscious and unconscious, the tribunal held that the respondent’s reaction could be put down to direct race discrimination of an unconscious nature.

It is vital that employers have cle anti-discrimination policies which are kept up to date and which staff are informed of. The Equality Act (2010) makes it a requirement for employers to take steps to prevent discrimination. This helps to create a safe and inclusive workplace for staff.

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.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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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Immigration health surcharge increase delayed – submit your application now

The Immigration Health Surcharge (IHS) allows an individual coming to the UK to have full access to the National Health Service (NHS). It is an upfront cost paid when submitting a visa application, which allows the individual to access the NHS without any restriction.

The Government announced in October 2023 that the immigration health surcharge that is payable in visa applications is scheduled to increase by 66% on 16^th January 2024 by way of introducing the Immigration (Health Charge) (Amendment) Order 2023.

The increase was proposed to help cover the cost of the public sector as the costs have not increased for the past 3 years.

The main rate for per person will increase from £624 per year to £1035 per year. The discounted rates for children per child will increase from £470 per year to £776.

It has now been announced that the increase will not be taking place on 16^th January 2024 as expected. Although they have not given a definitive date, it has been confirmed it will be no earlier than 31 January 2024 at the earliest.

Act Now

If you are intending to come to the UK in the near future, then we would suggest that you apply for your visa now prior to the change taking place. This will allow you to benefit from the current charges. If you are intending to apply for an extension to your current visa, then you may wish to apply now.

Please note that as a general rule for most immigration applications, you are permitted to extend your visa 28 days before the expiry of your current visa. This means that should your visa be due to expire in February 2024, then you may be able to apply now.

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.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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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Renting with pets – do landlords have to say yes to tenants?

Pets are a huge part of people’s lives. In the UK, they are often considered part of the family and help to improve both the mental and physical health of their owners. However, renting with pets in the current climate can prove to be a challenge for tenants and landlords alike.

The pandemic saw a surge in those wanting to keep pets. A report by the property website Rightmove from 2021 found that they saw an increase in demand of 120% for pet-friendly properties that year. The number of households with a pet surged from 41% in 2019, to 59% in 2020, a clear reflection of increased time spent at home as a result of the Covid pandemic and a rise in flexible working.

Unfortunately though, not all those who wish to keep pets are allowed to. Landlords often don’t like the idea of their tenants renting with pets, with concerns about damage to their property as well as smell. In 2020, just 7% of landlords advertised their property as being suitable for those with pets.

But what rights do tenants have to keep pets? And when can their landlord say no to such a request? Keep reading to learn more.

What is the law as it currently stands?

At the moment, landlords can still quite easily say no to pets under the Housing Act 1988. This is usually done through a clause in the tenancy agreement between landlord and tenant. If a tenant does want to keep a pet in their rental property, they will usually need permission from their landlord to do so. However, there is no obligation on the landlord’s behalf to allow it.

Some landlords may even charge extra rent for those with pets. The Tenant Fees Act 2019 made this a more popular option for landlords due to the restriction on charging a higher deposit. While this legislation banned landlords from forcing tenants with pets to take out pet insurance, the Renters (Reform) Bill 2022-2023 will reverse this ban.

Model Tenancy Agreement

Confusion around the status of the law arose following the publication of the government’s new Model Tenancy Agreement (MTA) in January 2021. Within the MTA, a relaxed attitude towards the keeping of pets is the default stance.

However, it should be noted that the Model Tenancy Agreement (MTA) is not legislation. Instead, as its name suggests, it is a model for a tenancy agreement for landlords entering into assured shorthold tenancies (ASTs) in the private sector. Landlords do not have to follow this guidance or use the MTA as their tenancy agreement. However, for those that do, the guidance features a clause (C3.5) which prohibits a blanket ban on pets in rental properties.

This clause includes the following:

· A Tenant must seek the prior written consent of the Landlord should they wish to keep pets or other animals at the Property

· A Landlord must not unreasonably withhold or delay a written request from a Tenant without considering the request on its own merits.

· The Landlord should accept such a request where they are satisfied the Tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept.

· Consent is deemed to be granted unless the written request is turned down by a Landlord with good reason in writing within 28 days of receiving the request.

· Landlord is prohibited from charging a fee to a Tenant who wishes to keep pets or other animals at the Property.

· Permission may be given on the condition that the Tenant pays an additional reasonable amount towards the deposit, but the deposit must not breach the deposit cap requirements under the Tenant Fees Act 2019 (see section B10).

While this is positive for those whose landlords choose to follow the model tenancy agreement, it doesn’t exactly help those who don’t. Nevertheless, it does reflect a sea change in the property landscape regarding the approach towards pets.

Renters (Reform Bill) – a green light for pet owners?

The Renters (Reform) Bill was introduced to Parliament in May 2023 with the promise of making it easier for the 4.6 million private tenants in the UK to keep pets. But does it do so?

The bill promises a number of different measures affecting renters and landlords when it comes to keeping pets. Let’s take a look at what it proposes:

· The landlord must not reasonably refuse a tenant’s request to keep a pet

· Landlords will be able to require that tenants take out insurance covering pet damage

· Responsibility for preventing and resolving damage caused by a tenant will also be that of the tenant

The legislation is likely to only be introduced by the end of 2024 but will initially only affect new tenancies. There will then be a 12-month gap before it is implemented for existing tenancies, in order to give time to “transition to a new system”. With the legislation still in the report stage, many have criticised the bill’s slow progress through parliament after a “better deal for renters” was originally promised in the Conservative manifesto of 2019.

As of 22nd July 2024, the new Labour government have announced as part of their Renters’ Rights Bill that they will give tenants the right to request a pet, which landlords cannot unreasonably refuse. Landlords will however be able to request insurance to cover potential damage from pets. Find out more about the newly-elected government’s plans for property law reform here.

When can it be deemed reasonable for a landlord to refuse a tenant having a pet?

Landlords should assess each situation on a case-by-case basis. The government claim that the diversity of the private rented sector means that it would “not be possible to legislate for every situation where a landlord would or would not be able to ‘reasonably’ refuse a pet.”

If tenants feel that their landlord has been unreasonable in denying the keeping of pets, they may escalate their complaint to the Private rented Sector Ombudsman. Failing that, they may go through court. However, the latter may be a costly alternative.

Our thoughts

The Renters (Reform) Bill is a positive step for tenants renting with pets. By allowing tenants to keep pets in private accommodation, unless the landlord has a reasonable reason not to allow it, tenants will have more choice over where they can live.

With just 7% of landlords advertising their properties as being pet friendly, it can often prove difficult for these individuals to find somewhere to live. Pet-friendly properties are also generally more expensive due to the lack of availability of pet-friendly properties.

Following the implementation of the Renters (Reform) Bill, landlords can rest assured in the knowledge that any damage caused by pets will be the responsibility of the tenant by requiring them to take out insurance. If the tenant does not have insurance, the cost for damages will be taken out of the deposit.

In the meantime, while the default is still for landlords to refuse pets, tenants with pets should have an honest discussion with their landlord about their pet if they have one or are thinking of getting one. For example, while a landlord may be reluctant to allow a tenant to keep a Great Dane in a one bedroom flat, they may be more willing to allow a cat to be kept.

It is important not to keep a pet in your rented home without the consent of your landlord. If your rental agreement does not allow for pets and your landlord finds out, this will be considered a breach of contract. Your landlord would then be within their rights to start the eviction process.

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.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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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Can the identities of Home Office caseworkers be redacted?

In general, a litigant in judicial review proceedings is not entitled to redact, on the ground of relevance, the identities of officials in such disclosure. This means that the Home Office should not redact the information about caseworkers in a judicial review. Routinely the names of civil servants outside the Senior Civil Service would be redacted in most claims of judicial review, with names of a large number of caseworkers being hidden. This leads to uncertainty about the approach to redaction rules.

Recently, the judgment of R (oao IAB & others) v SSHD reconfirmed the approach in relation to the redaction of the identities of officials in disclosed documents in the context of judicial review proceedings. Let’s analyse this case and the impact it has on whether the identities of Home Office caseworkers can be redacted.

Background

IAB is an interim judgment arising from judicial review proceedings challenging the Levelling Up Secretary’s decision to introduce regulations affecting asylum-seeker accommodation. If the regulations take effect, certain premises used by the SSHD (the SSHD) for asylum claimants will be exempt from housing regulations. This aims to increase available accommodation for asylum claimants and reduce reliance on hotels for the purpose.

The claimants in IAB challenged the SSHD’s policy regarding the regulations. In resisting the claim, the SSHD presented disclosure containing redacted documents, with an explanation for some redactions. Specifically, the SSHD stated that the names of junior officials were redacted based on relevance. The SSHD submitted that names of civil servants outside the Senior Civil Service fall outside the candour obligation and can be removed from all disclosable documents on grounds of relevance.

This could raise concerns related to transparency and the impact on public trust. This is because it could be argued that the routine redaction of caseworkers’ names, particularly those outside the Senior Civil Service, may hinder the public’s ability to fully understand the caseworkers involved in government actions.

In this background, the redaction of civil servants’ names emerged as a key issue in the court proceedings.

Judgement of R (oao IAB & others) v SSHD

In court, the judge deliberated on the permissibility of the SSHD routinely redacting names of civil servants outside the Senior Civil Service from documents disclosed in judicial review proceedings. The judge’s discussion is outlined below:

The judge emphasized the importance of the Duty of Candor in judicial review proceedings. According to the guiding principle in such proceedings, absent of good reason to the contrary, redaction on grounds of relevance alone ought to be confined to clear situations where the information redacted does not concern the decision under challenge. However, the names the SSHD sought to protect were not in this class, and those civil servants outside of the senior civil service did not enjoy any reasonable expectation of confidentiality. As such, the names of caseworkers should not routinely be redacted from disclosable documents.

In addition, the routine practice of redacting documents contradicts the purpose of ensuring public authorities provide clear reasoning for challenged decisions. The SSHD’s argument for widespread redaction was deemed impractical and raised concerns about transparency and public confidence.

In conclusion, the judge ordered that there was no sufficient reason, either from general considerations or the circumstances of the case, to warrant redaction of the names of caseworkers from disclosable documents.

The judge directed the SSHD to re-serve the disclosure without redactions.

Our thoughts

This judgment serves as a useful reminder that litigants in judicial review proceedings are not entitled to redact the identities of caseworkers in disclosed documents on the basis of relevance. However, the judgement does not solely apply to Home Office caseworkers. All defendants, including the central government, local authorities, and other public authorities, must follow this judgment and apply it when providing documents under the duty of candour.

For the public, it gives them the right to know who is handling cases and to hold individuals to account where necessary. When the public knows that cases are being handled by experienced and professional caseworkers, it reduces suspicion and mistrust about the fairness of the judicial process. All in all, this helps to create a fairer and more trustworthy legal environment.

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.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Navigating the Asylum Process: A Comprehensive Guide

This article covers everything from what asylum is to the intricate steps of the application process and important details. Let’s dive into the complexities of seeking international protection and the path to asylum in the UK.

What is Asylum?

A person claims asylum when they are seeking international protection. The UK has an obligation to consider all claims made for asylum.

To be successful in your asylum claim, you must show that you are a refugee. A refugee is a person who has a well-founded fear of persecution in their home country for reasons of race, religion, nationality, political opinion or membership in a particular social group. You must also show that if you sought state protection then this would not be available to you, and that you cannot internally relocate to another part of your home country for your safety.

If you can show all of this, then you will be granted asylum and have leave as a refugee for a period of 5 years. During this time, you can work, study, receive benefits and bring family members to join you in the UK.

The Asylum Process

You must first claim asylum by calling the asylum intake unit. They will provide you with a reference number and will usually call you back within 2 weeks with a date for your screening interview.

During your screening interview, you will be asked basic details about yourself and basic details about why you wish to make an asylum claim. You will be given a Home Office reference number, a copy of your screening interview record and an ARC card.

Following your interview, you will be provided with documents to complete. This is the stage where we can come on record as your representative. We would advise and complete the forms for you, as well as provide in-depth details about your claim.

Approximately 6 months later your substantive interview will be set. This is also known as the main interview, where the Home Office will ask detailed questions about your claim. Interviews usually last 3 to 5 hours.

Once the interview is completed, you will be provided with a copy of the interview record and have 2 weeks to submit your final evidence and a decision will be made approximately within 6 months later.

If you are struggling financially and/or become homeless you can apply for asylum support. This means you will be provided with financial assistance and accommodation. You can apply for asylum support anytime during the asylum process.

Financial and housing support

You will usually get £47.39 per week for each person in your household. This will help you pay for things you need such as food, clothing, and toiletries. You will be given somewhere to live, and free National Health Service (NHS) healthcare, such as seeing a doctor or receiving hospital treatment. Your children will be allowed to attend school if they are aged 5 to 17. All state schools are free, and your children may be able to get free school meals.

How to register to your local GP

The procedure is the same as the other non-asylum seekers, the difference is that they will need to show their asylum seeker card (ARC) which will be given after the first asylum interview (screening interview).

Permission to work

The Immigration rules allow all asylum seekers to request permission to work in the UK if their asylum claim has been pending for a year or more.

Asylum decision

After your substantive interview, you will usually get a decision within 6 months. If you are granted asylum, then you will be given 5 years leave to remain as a refugee.

If you are refused, you will usually be given an in country right of appeal. This means that you must appeal within 14 days for your case to be considered by a judge.

You may be given an out of country right of appeal. This is when you are required to leave the UK and then appeal the decision within 28 days. This is also known as certification. This means that the Home Office are of the view that your case has no prospect of success.

It is of the utmost importance that you seek legal advice following your asylum decision. Contact us today and we would be happy to help.

Family reunification

If your asylum claim is successful, you are permitted to apply to bring your family to the UK under the family reunion rules.

Refused Asylum

If you have substantial new evidence that was not considered in your asylum, you can make further submissions which is known as a fresh claim.

Conclusion

As we conclude, we hope these articles provide a comprehensive understanding of the asylum process. If granted asylum, individuals receive five years of leave to remain as refugees. In case of refusal, appeal options are explored. Remember, seeking legal advice is crucial at every stage.

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.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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 Government Lowers New Salary Thresholds!

The UK government announced earlier this month new salary thresholds for both Skilled Worker and Spouse visas. Starting next spring, individuals must earn at least £38,700 per year to secure a skilled worker visa or to bring a family member or partner from abroad to the UK.

However, the Home Office has adjusted its initial plan to swiftly raise the minimum salary requirement for British nationals bringing foreign family members to the UK, which had faced criticism. The threshold will now be raised to £29,000 instead of £38,700, starting in the spring of 2024.

The revised proposal, disclosed abruptly and without public attention in a parliamentary response, indicated that the threshold would be increased ‘gradually’ and would eventually reach £38,700. However, no specific timeline was provided for this increment.

The Home Office minister, Lord Sharpe of Epsom, said, “In Spring 2024, we will raise the threshold to £29,000, which is the 25th percentile of earnings for jobs eligible for Skilled Worker visas, progressing to the 40th percentile (currently £34,500), and finally the 50th percentile (currently £38,700 and the level at which the general skilled worker threshold is set) in the final stage of implementation.”

The Government has also confirmed that the changes will only apply to new visa applicants and those already in the UK will only have to meet the current, much lower, income requirements.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

lisaslaw@web

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2023 – What have we achieved this year?

The end of the year is a time for reflection, and in doing so we are able to take a moment to recognise the progress achieved at Lisa’s Law in 2023. In the final piece this year, we review 2023 by highlighting some of the major achievements from our immigration, conveyancing and litigation teams respectively. But first, a few words from our Managing Director, Chuanli Ding.

I believe that 2023 has been another remarkable year for Lisa’s Law. We have not only achieved an overall growth of 30%, following a 52% growth last year, but also optimised our structure and made it more efficient and productive. This will lay down a solid foundation for our further expansion in 2024.

Immigration

Our Immigration team, led by the excellent Immigration Supervisor, Mahfuz Ahmed, has made excellent progress this year:

2023 has been a very busy year when it comes to immigration following an increase in migration to the UK compared with 2022. There have been a host of new changes introduced by the UK this year which have posed a host of new challenges. Thankfully, our immigration team has been able to carefully navigate these changes to ensure positive outcomes for our clients.

Our immigration team’s achievements over the past year have been numerous. This has seen us assist in over 1400 immigration matters overall, with a 61% growth in new matters compared with last year. Our team now numbers a total of 18 immigration specialists, a 20% increase compared with last year. Finally, we have also had an appeal success rate of 90%, helping those who have been refused by the Home Office to successfully exercise their right to appeal.

Some notable cases this year have included the following:

Obtained British citizenship by discretion for a child born outside the UK who is an exceptional sports player.
Success in obtaining skilled worker entry clearance for a client being sponsored by a business owned by a client’s siblings.
Successful in obtaining a visa based on 20 years residence despite the client having very little evidence.
Obtained permanent residence for a client who exceeded the maximum days allowed outside the country through the 10-year residence route.

Conveyancing

Our Conveyancing team have also seen impressive growth in the safe hands of our Head of Conveyancing, Elin Lee.

This year we have opened close to 1500 cases up until the end of October – a 10% growth in new matters overall. We have therefore achieved growth two years in a row, during what many would consider to be uncertain economic times. Our cases this year were made up of a roughly 70% residential and 30% commercial split, showing that while the majority were made up of residential cases, commercial conveyancing still played a vital role.

In terms of the breakdown for our residential conveyancing, residential new build cases made up approximately 10%. Meanwhile, we also helped many to realise their dreams of owning their own home, with first time buyers making up roughly 10% of cases.

For the commercial side of our conveyancing service, perhaps one of the major highlights of the year includes the purchase of several plots of land. We now have instructions to act for the developers in these plot sales.

Finally, as well as growth in the number of matters, our team has also grown over the past year. Our conveyancing team now totals 23 people, with further plans for expansion next year.

2023 was a challenging year for the property market given the hike in interest rates by the Bank of England. This environment has meant that we see the swift completion of every property transaction as not just our responsibility, but also our mission. Nevertheless, Lisa’s Law carefully vets each client to ensure there are no oversights or hidden issues.

Our meticulous, efficient, and responsible approach has positioned Lisa’s Law Solicitors as one of the designated law firms for many developers. With inflation continuing to ease over the past year, we can perhaps anticipate a interest rate cut by the Bank of England in 2024. This would be a positive development for those considering mortgage-based property purchases.

Litigation

Finally, our litigation team under Litigation Supervisor, Evveline Loh, has also had a very successful year, achieving superb growth.

The achievements of our team in 2023 are a testament to our Litigation Team’s ever-increasing prowess. From triumphant property possession victories to strategic settlements in director breach cases, our dedication and endeavour defines us. We have championed clients in diverse cases —be it against universities, Amazon, or even a high-stakes High Court judgment. Defining moments for the year have been cost-effective resolutions in party wall disputes and efficient Amazon fund releases.

With a knack for negotiation and a track record of success within the team, we have navigated complexities and secured favourable outcomes for clients. As the year closes, our Litigation Team stands as a beacon of legal excellence, safeguarding our clients’ interests with skill and determination. Cheers to a year of unwavering success!

Below are some of the outstanding highlights from this year for our litigation team.

1. Property Possession Success:

We have achieved success in possession cases, securing settlements with regained possession or winning with a 100% rent arrears judgment. In some instances, we have also recovered partial or full costs.

2. Director Breach of Duty Settlement:

Resolving a director’s breach of duty case, we settled for approximately £412k. Our client not only reclaimed the claimed amount but also regained ownership of the company’s property and trademark through a strategic settlement.

3. Developer’s Building Work Claim:

In a case against a developer’s building work, our client successfully obtained damages amounting to £26k, showcasing our commitment to recovering losses on behalf of our clients.

4. Negligence Claim against Universities:

Acting for students, we pursued negligence claims against renowned universities, ensuring our clients’ rights were protected and seeking justice for any wrongdoing.

5. Mortgage Possession Defence:

Defending mortgage possession cases, we successfully resisted possession orders for properties ranging from £1.2 million to £78 million, demonstrating our dedication to safeguarding our clients’ assets.

6. Employment Case Settlement:

Settling an employment case initiated by an employee seeking almost £140,000, we negotiated a favourable resolution, showcasing our expertise in employment law.

7. Trademark Dispute with Amazon:

Resolving a trademark dispute with Amazon, we issued a pre-action letter leading the opposing party to back off. Our client’s link was reinstated by Amazon within 24-48 hours, highlighting our efficient and strategic approach.

8. Amazon Fund Release:

Assisting a client whose funds were withheld by Amazon in 2020/2021, we successfully navigated the issue, writing to Amazon and securing the release of funds within one month.

9. Party Wall Dispute Resolution:

In a party wall dispute, where the client was initially prepared to spend £200,000 on legal fees, we successfully persuaded them to opt for mediation, showcasing our commitment to cost-effective resolutions.

10. High Court Judgment Success:

Securing a recent High Court judgment, our client successfully challenged a claimant’s late application for notice regarding the authenticity of our client’s documents. The judge commented on the parties’ failure to agree on realistic timetabling and witness statement compliance and cost order was made to reflect relevant parties’ failure.

11. Parcel Claim Settlement:

Successfully settling a claim involving 200 claimants over undelivered parcels due to the insolvency of a Chinese company, we negotiated amicable settlements and reduced our client’s overall liability, highlighting our effective dispute resolution skills.

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.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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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Grounds for refusal under the UK immigration rules – what are they?

Within the immigration rules, part 9 relates to general grounds for refusal. If you are thinking of applying for either leave to remain or entry clearance in the UK, it is important to ensure that you avoid general grounds for refusal by meeting the suitability requirements set out in the UK immigration rules. Failure to do so could be disastrous for your prospects of staying in the UK.

This article will take a look at the suitability requirements set out in the UK immigration rules, looking at how you can meet the requirements and what can be done if you are refused under Part 9 of the immigration rules.

Keep reading to learn more and help you stay informed about reasons why you may be refused permission if you otherwise meet the criteria for a visa.

What types of applications do part 9 general grounds for refusal apply to?

It is worth pointing out that with a few exceptions, part 9 grounds for refusal apply to the vast majority of applications. Part 9 grounds for refusal do not apply to the applications made under the following to various degrees:

Appendix FM (in part)
Appendix Private Life (in part)
Appendix Armed Forces (in part)
Appendix EU (full)
Appendix EU (family permit)
Appendix S2 Healthcare Visitor (full)
Appendix Service Providers from Switzerland (full)
Appendix Settlement Protection (full)
Appendix Electronic Travel Authorisation (full)
Part 11 – Asylum (in part)
Appendix Settlement Family Life (in part)
Appendix Adult Dependent Relative (in part)

Difference between discretionary and mandatory ground for refusal

There is a key difference between discretionary and mandatory grounds for refusal which determine the success of an application. Within the part 9 rules, each ground sets out whether the Home Office must or may refuse or cancel permission.

If they must be refused or cancelled permission, then this is a mandatory general ground for refusal. If they may be refused, this is a discretionary ground for refusal. With the latter, this means that it is up to the Home Office whether permission is refused or cancelled.

What are the general grounds for refusal?

Let’s now take a look at the various grounds for refusal under Section 2 of part 9 of the immigration rules. There are 8 main grounds for refusal which we will be giving a brief overview of today.

Ground 1 – Criminality

As a visa applicant, your permission to enter or stay in the UK must be refused if you have been:

Convicted of a criminal office, either in the UK or overseas, for which you have received a custodial sentence of 12 months or more
Are a persistent offender who shows a ‘particular disregard’ for the law
Or, you have committed a criminal offence (s) which caused serious harm

These three reasons are mandatory grounds for refusal. Despite this, there are also discretionary grounds, meaning that the Home Office official is able to exercise their discretion in accordance with the official Home Office guidance. These are if the visa holder has:

Been convicted of a criminal offence in the UK or overseas and received a custodial sentence of 12 months or fewer
Or, if they have been convicted of a criminal offence in the UK or overseas and received either a non-custodial sentence or an out-of-court disposal was recorded on their criminal record

Visitor visa applicants will be refused under this criteria unless more than 12 months have passed since the end of their custodial sentence or their conviction.

Ground 2 – Exclusion from the UK

Simply put, a visa application or entry clearance must be cancelled if a person has been excluded from the UK or a deportation issue has been issued. There is no discretion for this ground and refusal is mandatory. No application to the UK needs to have been made for a person to be added to this list.

Ground 3 – Not conducive to the public good

There is no discretion for this ground of refusal. This ground comes under the powers of the Home Secretary. A recent example is the rapper, Tyler, the Creator, while Theresa May was the Home Secretary over song lyrics in one of his albums. He was given no advanced warning and was detained, refused entry and removed from the UK.

Ground 4 – Exclusion from asylum or humanitarian protection grounds

Fourthly, an application to enter or stay in the UK may be refused where the person is deemed to be either someone who:

Is a danger to the UK
Should be excluded from the Refugee Convention
Should be excluded from a grant or humanitarian protection, or, should have their humanitarian protection revoked on the grounds of exclusion

Ground 5 – Involved in a sham marriage or civil partnership

If someone has been involved in a sham marriage or civil partnership, the Home Office may decide to refuse a visa or cancel permission.

Ground 6 – False representations

In this case, if the Home Office believe that false representations have been made, or false information and documents have been supplied then they can decide to refuse a visa or cancel permission. This is a discretionary refusal and applies whether or not the applicant knows that they provided a false document.

Ground 7 – Failure to provide the requirement information

When an applicant or visa holder doesn’t comply with the steps or provide information requested by the Home Office, they may have their permission refused or cancelled. This can include attending an interview, providing biometrics, undergoing a medical examination or providing a medical report.

Ground 8 – Previous breach of immigration laws

If an applicant or visa holder has previously breached UK immigration laws then they must be refused or cancelled permission. The minimum ban for ren-entry is 12 months for applicants who left the UK voluntarily and at their own expense. For those who have used deception, the maximum is 10 years.

What should you do if your application if refused due to the general grounds for refusal?

If your application is refused, or your permission to be in the UK is cancelled by the Home Office, then you will received a letter explaining your right to appeal. Most commonly, there is no right of appeal. Right of appeal is typically only eligible for those who have been involved in human rights law and humanitarian protects cases.

However, you can often submit a new application. Other options also include requesting an administrative review if you believe that an error was made by the Home Office, or requesting a judicial review if a decision is deemed to be unlawful. We will be able to advise you if we believe such appeals are likely to succeed.

It should be pointed out, however, that if you have been found to have used deception in an application for entry clearance, then this will be refused for a period of ten years as mentioned previously.

Our thoughts

It is important to be aware of these grounds for refusal when seeking to apply for entry or permission to stay in the UK. In addition to meeting the positive eligibility criteria for a visa, you must also not meet the general grounds of refusal for a UK visa application. To avoid any innocent mistakes preventing you from being able to enter the UK, it is vital to ensure that you carefully read questions and double check application forms before submitting them.

Nevertheless, there are some exceptions to these rules such as when it comes to family-based applications. At Lisa’s Law, our expert immigration team are highly knowledgeable about the criteria for general grounds of refusal and will be able to advise you on whether your application is exempt, as well as help you to challenge your refusal if we believe it is likely to succeed.

For any further questions, please contact 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.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

News and Insights

What are the stages of the salary threshold increases?

Have questions? Get in touch today!

Am I eligible to adopt?

The child adoption process

How to apply to the court for a child adoption order?

How do I adopt a stepchild?

What is a private adoption?

Want to adopt a child from overseas?

Our advice

Have questions? Get in touch today!

Background

Miss M Manjula v Immigration and Nationality Services Ltd and IANS Solicitors Ltd

What claims did Miss Manjula bring forward?

Judgement

Direct race discrimination

Unfair dismissal

Our thoughts

Have questions? Get in touch today!

Act Now

Have questions? Get in touch today!

What is the law as it currently stands?

Model Tenancy Agreement

Renters (Reform Bill) – a green light for pet owners?

When can it be deemed reasonable for a landlord to refuse a tenant having a pet?

Our thoughts

Have questions? Get in touch today!

Background

Judgement of R (oao IAB & others) v SSHD

Our thoughts

Have questions? Get in touch today!

What is Asylum?

The Asylum Process

Financial and housing support

How to register to your local GP

Permission to work

Asylum decision

Family reunification

Refused Asylum

Conclusion

Have questions? Get in touch today!

Have questions? Get in touch today!

Immigration

Conveyancing

Litigation

Have questions? Get in touch today!

What types of applications do part 9 general grounds for refusal apply to?

Difference between discretionary and mandatory ground for refusal

What are the general grounds for refusal?

Ground 1 – Criminality

Ground 2 – Exclusion from the UK

Ground 3 – Not conducive to the public good

Ground 4 – Exclusion from asylum or humanitarian protection grounds

Ground 5 – Involved in a sham marriage or civil partnership

Ground 6 – False representations

Ground 7 – Failure to provide the requirement information

Ground 8 – Previous breach of immigration laws

What should you do if your application if refused due to the general grounds for refusal?

Our thoughts

Have questions? Get in touch today!

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