Illegal Migration Act 2023 – what are the key changes?

The Illegal Migration Act is a major piece of legislation which forms a key centrepiece of the UK government’s policy platform. The purpose of this Act is to prevent and deter illegal migration; in particular those by unsafe and illegal routes.

The government have stated that their aims are to both stop illegal boat crossings and to clear the asylum backlog by the end of 2023. Despite this, the asylum backlog reached record levels by the end of July 2023 with 175,000 individuals waiting for a decision.

Keep reading to learn more about the illegal migration act and what it means for UK immigration law.

What are the key changes?

To achieve their aims, this Act makes a few key changes to the current system.

1. It places a duty on the Secretary of State to make arrangements for the removal of people who enter the UK illegally.

2. It places a duty on the Secretary of State to declare certain protection claims and human rights claims inadmissible if they meet the conditions for removal.

3. It prevents people who meets the conditions for removal from being given leave to enter or remain, settling or obtaining citizenship in the UK.

Let’s take a look at the remainder of the Act in greater detail.

The duty to make arrangements for removal of an ineligible person – section 2 of the Act

This section places a responsibility on the Secretary of State to make arrangements for the removal of a person from the UK if the person meets all four of the following conditions:

1. The person requires leave to enter but enters the UK without leave to enter or with leave to enter that was obtained by illegal means such as deception, is in breach of a deportation order, or requires entry clearance but enter the UK without a valid entry clearance.

2. The person entered the UK under the above circumstances on or after 20 July 2023.

3. The person did not come to the UK directly from a country in which the person’s life and liberty were threatened.

4. The person requires leave to enter or remain in the UK but it expires, curtails or is cancelled and the person no longer has a valid leave.

This means this not only affects asylum seekers, but anyone who met all four of the criteria (ineligible person).

Unaccompanied children and power of the Secretary of State – section 4 of the Act

This section provides that the Secretary of State is not required to make arrangements for removal when the person is an unaccompanied child.

The power to remove an unaccompanied child may be only exercised in limited circumstances such as:

Where the child is removed to reunite him with his parent.
Where the child is to be removed to a safe country which is a country of which the child is a national or in which the child has obtained a passport
Where the child has not made a protection claim or a human rights claim and the person is to be removed to a country of which the child is a national, a country in which the child has obtained a passport or a country in which the child embarked for the UK.
Circumstances specified in regulations made by the Secretary of State (discretion of the Secretary of State)

Disregard of certain claims and applications – section 5 of the Act

The duty in section 2 (make arrangements for removal of a person) applies to a person who meets the four conditions irrespective of whether the person makes a protection claim, a human rights claim, claims to be a victim of modern slavery or human trafficking or makes an application for judicial review in relation to their removal under this Act.

A human rights claims relating to a person’s removal will be admissible but such claims will be considered following the removal to the third country concerned and any judicial review related will also be considered while the claimant is out of country.

Electronic devices – Section 15 and Schedule 2 of the Act

This confers powers on immigration officers to search, seize and retain electronic devices from persons liable to be detained under this Act. They have powers to access and use information stored on these devices.

Leave to enter and remain, entry clearance, electronic travel authorisation, settlement and British citizenship in the UK – section 30 to 35 of the Act

These sections provide for a permanent ban on an ineligible person who arrives on or after 7 March 2023 (not 20 July 2023) from getting leave, settlement or British citizenship unless it would contravene the European Convention on Human Rights. The ineligible person has to have met all four of the conditions above.

Legal proceedings – section 38 to 53

These sections provide that persons subject to removal will have a limited time in which that they can bring a claim based on a real, imminent and foreseeable risk of serious and irreversible harm arising from their removal or a claim that they do not meet the removal conditions in section 2.

Interim remedies section 54 to 55 of the Act

These sections provide that all legal challenges to the removal of a person do not prevent or suspend the removal.

Our thoughts

We believe that the above changes are going to be impracticable. Many people who cross the border will not be able to claim asylum and the UK does not presently have a country that they can return the migrants too, leaving many with an uncertain status. No doubt this will lead to an even bigger backlog than is presently the case.

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Success in obtaining leave to remain despite having no status for 23 years and little evidence

We have recently been successful in representing a client who has been living in the UK for more than 20 years in their application for leave to remain on human rights grounds. This is despite the fact that the client had very little evidence to support their application.

Keep reading to find out how we helped our client obtain leave to remain.

Background

Our client originally entered the UK in 1999 on a student visa. She did not apply for any leave after her student visa expired in 2000.

In 2022, she applied for leave on human rights grounds. She provided little evidence in her application of her residence in the UK. We advised the client that in these circumstances we would want a number of witnesses to support her application. As per our advice, she relied heavily on witness statements.

Her application was refused by the Home Office because she had not provided sufficient evidence for every year to show that she had lived in the UK for 20 continuous years. She also could not show that there would be significant obstacles to her integration in returning to her home country. Furthermore, the Home Office believed there were no exceptional circumstances. Overall, there was a complete lack of documentation in the case.

Despite having little evidence, we advised the client that she should appeal and that all seven of her witnesses should attend the court to give evidence in support of her continuous residence in the UK.

Accordingly, we proceeded with an appeal against the refusal of the decision.

Legal framework

The law recognises that a person is considered to have built a private life that is protected by the European Convention of Human Rights if they have lived in the UK for at least 20 years.

The relevant framework is Immigration Rules 276ADE which states:

The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:

does not fall for refusal under any of the grounds in Section S-LTR 1.1 to S-LTR 2.2. and S-LTR.3.1. to S-LTR.4.5. in Appendix FM; and
has made a valid application for leave to remain on the grounds of private life in the UK; and
has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)

Appeal Decision

Generally, the Home Office requires the applicant to provide a lot of evidence to prove their 20-year continuous residence such as receipts, utility bills, tenancy agreement, official letters etc.

We asked the client why she did not have these documents. She explained that she had spent most of her time looking after her grandchildren over the past 23 years and socialising with her family. She did not register for any utilities as these were taken care of by her children. She explained she did not ever require medical treatment and therefore there were no GP records.

In light of this, we believed that her grandchildren’s evidence would be considered of great importance at the appeal hearing as she had helped raise them from children to adults. We advised our client that the grandchildren should provide evidence in person for the appeal and explain what care their grandmother/our client had given throughout the years to them. The Tribunal gave significant weight to the grandchildren’s evidence. The client had also socialised with her other relatives regularly. These relatives gave evidence as witnesses to prove that the applicant had lived in the UK for 20 continuous years.

We also included photographs in our bundle of each year our client was in the UK. Although there were no date stamps in the photo, we argued that as the years progressed, it can be seen that not only is the client getting older, but the children have become teenagers, and then adults. We provided in-depth details of the photos, such as where the photo was taken, who was in the photo, and whether they were witnesses. The court gave this evidence significant weight.

We received the decision today confirming that she was granted leave to remain in the UK. The client and her witnesses were all ecstatic. The client can now live with her family without fear of removal, and we wish them all the best in their future endeavours.

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Home Secretary found to have adopted unfair procedure after cancelling student’s leave to enter

By Yang Peng

On 28 July 2023, The Administrative Court allowed a Pakistani student’s claim for judicial review of a decision by the defendant Secretary of State for the Home Department (SSHD) to cancel his leave to enter as a student. The court decided that the claimant was denied the opportunity to comment on allegations of false English language qualifications.

The judicial review related to alleged deception on the part of the claimant as to the authenticity of tests he had taken for proficiency in English required for the claimant to study at the university he was attending.

In September 2022, the claimant was granted leave to enter the UK by the Secretary of State for a three-year university course, backed by English proficiency tests and an Oxford International Education Group (OIEG) credibility interview. However, following three interviews conducted by the Heathrow Border Force desk officers upon Hazeem’s arrival to the UK, a notice was served pursuant to s120 of the Nationality, Immigration and Asylum Act 2002 advising that entry was refused.

This decision has caused a huge amount of controversy and outrage. Many were eagerly awaiting the decision in R v Secretary of State for the Home Department (SSHD), where the Court made a judgement as to whether the Secretary of State had adopted an unfair procedure.

Keep reading to learn more about the decision made by the Administrative Court.

R (on the application of Hammad Tazeem) v Secretary of State for the Home Department (SSHD)

This case concerned whether the Secretary of State had adopted an unfair procedure.

The claimant, relying on R (on the application of Balajigari) v Secretary of State for the Home Department [2019] 4 All ER 998 (Balajigari), submitted that inadequate notice had been given to him about the Secretary of State’s real concerns prior to the decision, and that, as a consequence, he had been deprived of the opportunity to face the allegations made against him in the notice. He argued that a provisional ‘minded to’ decision, with reasons, should have been made, to see whether the claimant could overcome the concerns.

The court held the following in relation to some of the arguments presented by claimants:

Despite the facts in Balajigari being different to the facts of the present case, it did not follow that the principle enunciated by the court was any less applicable. Where something as important as a decision to cancel leave to enter was being contemplated on the assumption of falsified documentation, procedural fairness required that a very clear allegation to that effect was put. It was not enough for a passenger to be left to infer that that was the case.

The claimant should have been given an opportunity to explain the apparent discrepancy between how he presented himself and what the documentation appeared to verify. The claimant had been deprived of any opportunity for explanation by the procedure adopted by the Secretary of State, and that rendered the decision unlawful.

The above is a summary of the court’s judgement on claimant’s ground.

The decision means that when a person is notified of an important decisions, SSHD should very clearly state the allegations as procedural justice requires. It was not enough for the individual to be left to infer that this is the case, and an opportunity should be given for him to explain.

Our comments

The findings in R (on the application of Hammad Tazeem) v SSHD shows that the Secretary of State adopted an unfair procedure after denying Tazeem leave to enter in which they didn’t provide clear allegations. The Home Secretary also failed to balance fairness with swift decision-making. This has far-reaching implications for individuals facing future allegations.

The case demonstrates that people should have the chance to explain and address allegations. A preliminary ‘minded to’ decision, with explanations, should be considered to assess if concerns can be resolved.

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Welcome Lok

It gives us great pleasure to welcome Lok Lo to Lisa’s Law Solicitors. Lok joins the conveyancing team and has shown a great aptitude for the role since joining the firm last month.

In terms of her educational background, Lok holds a LLB degree from UEA and completed a Legal Practice Course at The University of Law.

Lok is also an animal lover! When she is not working, Lok is probably snuggling with her cats, Holstein and Chater!

Lok is multilingual through her fluency in English, Cantonese and Mandarin.

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Journalist who refused to use work app on personal phone wins unfair dismissal claim

An employment tribunal has ruled that an employee who refused to install a work app on her personal phone was unfairly dismissed. The installation of the app would have left the journalist unable to separate her work life and her home life, something she resisted against by refusing to have the app installed.

Depending on an employee’s employment status, different rules apply regarding whether a dismissal can be considered unfair. As an employee of a company, you must have worked for your employer for at least two years.

Furthermore, according to ACAS, it may also be unfair dismissal if the following apply:

there was no fair reason for the dismissal
the reason was not enough to justify dismissing them
the employer did not follow a fair procedure

While it was initially thought that the claimant in this case was a self-employed freelancer, it later turned out that she was an employee of the company. Keep reading to learn more about this case and the lessons that can be learned when it comes to unfair dismissal for employers and employees alike.

Background

The claimant, Razan Alsnih, worked as an Online News Editor for the respondent, Al Quds Al-Arabi Publishing & Advertising, an Arabic newspaper which considers itself similar in style to The Guardian. The company asked the claimant to download an app on her personal phone after it became impossible for them to personally review every article before publication, given they were publishing at least 100 articles per day. They also had concerns that she was duplicating articles which had been published by colleagues either the previous day or shortly beforehand.

As a result, the company introduced an app called Viber which enabled them to track what articles were being published as well as to avoid replication of them. While this was not initially mandatory, the respondent made it mandatory from November 2019, 2 years after it had been first introduced.

The claimant resisted against the idea of having the app installed on her personal mobile phone. She claimed that the notifications were disruptive and intrusive on her personal life. She asked to be provided with a work phone but this was rejected. She was informed that she could mute notifications, however she did not see this as acceptable as it would flash up on her screen and interrupt her calls and messages between friends and family.

Alternatively, she was told that she could buy her own work phone. The company would not buy her one as she was deemed to be a freelancer. The claimant continued to refuse to install the app on her phone, leading to the respondent blocking her from their system. This was blamed on the claimant’s failure to use Viber.

The claimant was dismissed by the company in February 2020 after the claimant raised a grievance alleging bullying, harassment and race discrimination by the Editor in Chief Ms Aloul, who was the claimant’s supervisor.

The claimant then brought claims for breach of contract, unlawful deductions from wages and unpaid holiday pay. In this article, we will be focusing on the claim for unfair dismissal only.

Decision

The employment tribunal decided that the claimant was dismissed due to her refusal to download the Viber app on her phone.

Her dismissal was deemed procedurally unfair, given that no investigation took place prior to the final decision regarding the claimant’s dismissal.

But what was the legal basis for why the dismissal was deemed unfair? The test as to whether something can be classed as unfair dismissal is laid out in Section 98 of the Employment Rights Act 1996.

The relevant case law for testing whether a dismissal can be deemed reasonable can be found in British Home Stores v Burchell (1978), which has three stages:

did the respondents genuinely believe the claimant was guilty of the alleged misconduct?

The tribunal found that yes, the respondent did.

did they hold that belief on reasonable grounds?

The Tribunal found that the belief was not held on reasonable grounds, as the employer did not conduct a thorough investigation, as well as what the claimant was saying and why. They failed to consider adequately the interference the installation of Viber could have on the Claimant’s private life and alternative solutions.

did they carry out a proper and adequate investigation?

The tribunal found that the respondent did not carry out a proper and adequate investigation. Nor did they take disciplinary action against the claimant prior to dismissing her. While the claimant knew that her employer wanted her to use Viber, it was never made clear to her that her job was on the line if she refused to use it. However, the respondent claimed that there was no need for an investigation because the nature of the alleged misconduct was never in question.

Due to not meeting the requirements for the above, the Tribunal held that the respondent failed the Burchdell test used for unfair dismissal cases.

While the claimant wished for reinstatement, the Tribunal held that this was not possible due to the breakdown in relations between the employee and her supervisor, Ms Aloul. The claimant was awarded £20,000 for the unfair dismissal, as well as an uplift of 25% for the employer’s failure to comply with the ACAS Code of Practice on Discipline and Grievance.

Further, the tribunal also awarded the claimant with £12,000 for breach of contract, unlawful deductions from wages and unpaid holiday pay.

Our thoughts

This case provides a number of lessons and reminders when it comes to an employer’s relationship with their employee.

Firstly, employers should be well aware of the employment status of their employees. In this case, while both the employer and employee believed that the claimant was freelance, they were in fact an employee. The employer in this case may have acted differently when it came to their dismissal if they had known Alsinh was an employee.

Finally, employers should also learn the lesson of being flexible towards their employers. The employer in this instance could have made a number of adjustments instead of forcing the claimant to download the Viber app on her phone. Possible solutions could have included offering the employee a work phone or installing the app on her work laptop. If the claimant continued to refuse to use the app in such a scenario, the respondent may have had a better case for fair dismissal providing they followed the correct procedure.

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Should you make a foreign will if you have assets abroad?

Countries around the world have different inheritance and tax laws. As someone who is a domicile of England and Wales, you can make a foreign will with a lawyer which covers your overseas assets. However, in some cases it would be advisable to create a separate will to cover your assets in other countries.

In this article we will take a look at ‘foreign wills’, and whether you should make a foreign will for assets that you may have abroad.

A foreign will is sometimes also referred to as an ‘overseas will’ or a ‘cross-border will’. Simply put, it refers to a will which covers assets across multiple jurisdictions.

How does a person’s domicile status affect their will?

The status of a testator’s assets abroad after their death depends on whether they are domiciled in England or outside of England. The word domicile has a different meaning to residence in England Wales compared with other jurisdictions. Factors which affect domicile include:

Your country of birth
Your father’s country of birth
Where you have lived
Where the assets are located

The domicile of a person is an important factor to consider when preparing a Will which has assets in multiple countries. The reason for this is that the person’s domicile decides:

1. Which country’s succession rules will apply

2. The country whose inheritances tax rules will apply to the estate

For example, two of the most common countries for English expats to have assets abroad, France and Spain, have different heirship rules to England. In France, the system of forced heirship means the deceased’s children are entitled to a minimum share of the estate. This is also the case in Spain, where your children are entitled to two-thirds of your estate. In contrast, English law uses testamentary freedom, meaning you can leave your assets in your Will to anyone you wish.

What is the risk of not having a will which covers your foreign assets?

If you own any type of asset abroad, such as a holiday home or a bank account, then your estate will be considered a cross border asset when you die. You therefore risk your assets being subject to the inheritance laws of the country your assets are in even if you live in the UK. For example, a property you own abroad might be inherited by someone you do not wish it to be.

You may also see a delay in administering the estate from having a single will in a worldwide estate. The reason for this is that the English will has to go through the probate process in England first, followed by the grant of probate being presented in the foreign country. Having separate wills in each foreign country you have assets in therefore allows the lawyers in each jurisdiction to proceed with the probate process following death.

Solicitor Xinlei’s thoughts

Our resident Family Law Solicitor, Xinlei Zhang, gives her thoughts on succession when it comes to foreign assets abroad.

When the client has assets, especially real properties, in another jurisdiction, like China, because the succession law is different, and we cannot give advice on the succession of foreign property, I would suggest the client consult appropriate advice from a local expert. This is because, generally, the essential validity of a will of immovables (property which can’t be moved) or of a gift of immovables, is governed by the law of the country where the immovables are situated. Therefore, it would be more effective to make a separate will as to the foreign property under the local law, at the same time, the will we drafted will be limited to the assets in England and Wales.

Have further questions about this article? Contact us today!

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

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Harsher penalties proposed for landlords and businesses employing illegal workers!

Presently, if you are a business employing an illegal worker (a person who does not have the status to reside in the UK), you can face a fine of up to £20,000 for each illegal worker.

If you are a landlord and have rented a property to a tenant without status, you could face a fine of up to £1,000, and £80 for renting a room to lodgers. The fines can increase to £3,000 and £500 for subsequent offences.

The above regulations have been in place for a considerable amount of time to deter migrants from coming to the UK without a visa. The UK refers to this as the hostile environment, which aims to act as a deterrent by making it very difficult for those without visas to stay and reside in the UK.

The Immigration Minister, Robert Jenrick, has announced that fines for the above will be significantly increased to prevent people from crossing the channel and entering the UK illegally.

Civil penalties for employers hiring illegal workers will increase significantly from £20,000 to £45,000. For subsequent breaches, employers will face a £60,000 fine per worker.

Landlords who rent to tenants without status in the UK face fines of up to £10,000, a huge increase from the previous £1,000. Landlords who rent a room to lodgers will face a fine of up to £5,000.

We expect the legislation to be implemented this autumn, with plans for the new stricter penalties to come into force early next year.

The Shadow Home Secretary, Yvette Cooper, has stated that penalties issued to businesses have fallen by two-thirds since 2016, while arrests have also dropped. It is evident that moving forward, the Home Department will increase its budget for enforcement, likely resulting in more visits to businesses. This crackdown will put significant pressure on businesses to ensure that all their workers have relevant documents permitting them to work in the UK.

What can you do if you are hiring an illegal worker?

Such a fine can severely impact a business. Our advice is to apply for a sponsorship license as soon as possible. A sponsor license will permit you to sponsor workers from abroad to work in the UK legally.

We assist in such applications and will advise you on the requirements and guide you throughout the process. We also offer services to help you comply with your license requirements yearly.

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Can you enforce a foreign judgement in the UK?

Today we would like to change things up and introduce you to another area of law, enforcing a foreign judgment in the UK.

We understand that some of you may not be from the UK and would like to know whether you can enforce a judgment that you have obtained outside of the UK.

The truth is, it depends! Let’s take a look at the scenarios in which you can enforce a foreign judgement in the UK.

Hague Convention

You are able to rely on the Hague Convention if the judgment obtained is from a participating state. In short, a judgment of any sort given by participating state are enforceable in all other participating states. The common parties to this convention include the EU, Mexico, Montenegro, Denmark, UK and Singapore. Hence, if a judgment is obtained in an EU court, it will be enforceable in England under the Convention.

Article 8(3) of the Hague Convention on Choice of Court Agreements 2005 (the Hague Convention 2005) requires that the foreign judgment must still be enforceable in the jurisdiction in which it was obtained.

Administration of Justice Act 1920

The above acts allow for the registration and enforcement of money claim given in most of the Commonwealth countries, namely Cayman Islands, Cyprus, New Zealand, Nigeria, Malta and Zimbabwe. However, registration is discretionary.

Section 9(1) of the Administration of Justice Act 1920 (AJA 1920) requires that an application to register the judgment must be made within 12 months of the date of the judgment.

Foreign Judgments (Reciprocal Enforcement) Act 1933

Section 2(1) of FJA 1933 provides that an application should be made to register the judgment debt within six years of the foreign judgment or, where the judgment has been subject to appeal, from the date of the last judgment in the foreign proceedings.

It covers Australia, Canada (except Nunavut and Quebec), Guernsey, India, the Isle of Man, Israel, Jersey and Pakistan. It also covers judgments from some EU countries i.e. Austria, Belgium, France, Germany, Italy and the Netherlands.

Common law

Section 24(1) of the Limitation Act 1980 provides that an action to enforce a foreign judgment under the common law rules must be commenced within six years of the date on which the foreign judgment became enforceable.

This applies where no applicable treaty applies to the countries that enforcement is being sought. A great example would be China, Russia, Brazil and United States. As such, at common law, such foreign judgment is not directly enforceable but rather it creates a debt between parties.

Generally, any judgment obtained must be final and conclusive and have merits. An application for debt must be made by the creditor in the UK and usually, a summary judgment can then be entered.

Restrictions

There are restrictions to the above, notably if the judgment was obtained by fraud. In addition, judgment for multiple damages cannot be enforced.

How can a foreign judgement be enforced?

Once you have a foreign judgment registered here in the UK, it can be enforced in the same way as an English judgment.

There are a number of ways that this can be done:

obtaining a writ of control to allow an enforcement officer to take control of and sell the debtor’s goods;
applying for a charging order to grant the creditor a charge over land, securities or certain other property owned by the debtor;
applying for a third-party debt order compelling a third party (eg, a bank holding funds for the debtor) to pay the amounts due to the creditor; and
applying for an attachment of earnings order requiring a debtor’s employer to deduct money from the debtor’s wages and pay it directly to the creditor.
Bankruptcy petition (against an individual).
Winding up petition (against a company).

We would advise that you check whether a debtor is able to pay prior to making the above application:

Applying for an order that the judgment debtor provides information about his financial affairs.
By carrying out enquiries using an enquiry agent.
Checking the insolvency register for details of bankruptcy proceedings.
Checking information held at Companies House about companies or company directors.
Undertaking searches at HM Land Registry to find out whether the judgment debtor owns property.

As a reminder, there are different rules for the recognition and enforcement of foreign judgments. The principles may be the same but there are substantive and procedural differences between the rules we have mentioned in our previous video.

It is also important to identify which country you are applying from and the relevant procedure for recognition and enforcement.

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Thinking about coming to the UK? These are the 4 most popular UK visa routes

By Yang Peng

You may have been thinking about coming to the UK, whether it is just to visit or to settle here. The UK immigration procedure can seem complicated for those who have never travelled here before. In this article we will look at the most common UK visa routes.

Option 1 – Visiting the UK

This route is for a person who wants to visit the UK for a temporary period. This can include tourism, visiting friends or family, carrying out a business activity, or undertaking a short course of study. The earliest time you can apply for a visitor visa is usually 3 months before you planned travel date for visit visas.

A Standard Visitor may apply for a visit visa of 6 months, 2-, 5- or 10-years validity, however each stay in the UK must not exceed the permitted length of stay endorsed on the visit visa (usually 6 months).

Here are the requirements for the standard visitor visa.

Requirements:

You will leave the UK at the end of your visit.
You will not live in the UK for extended periods through frequent or successive visits or make the UK your main home.
You are able to support yourself and your dependents during your trip (or have funding from someone else to support you).
You are able to pay for your return or onward journey (or have funding from someone else to pay for the journey).
You have proof of any business or other extra activities you want to do in the UK, as allowed by the Visitor Rules.

Benefits:

The Visitor visa lasts for 6 months. With a Standard Visitor visa, you can visit the UK for tourism, certain business activities, short period study and other permitted activities.

Limits:

Your stay must generally be for no longer than 6 months and you have to leave the UK by the expiry date.
Once you arrive in the UK, you cannot switch to a different visa category than a visitor visa; you will need to return to your home country and apply for a different visa from there.
You cannot do paid or unpaid work for a UK company or as a self-employed person, nor can you claim public funds.

Option 2- Work in the UK

A Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer. You can apply for a visa up to 3 months before the day you are due to start work in the UK. This date is listed on your certificate of sponsorship.

Requirements:

You must have a confirmed job offer before you apply for the visa.
You must work for a UK employer that the Home Office has approved.
You must have a certificate of sponsorship given by your employer.
You must have a job listed in the eligible occupations.
You must receive the minimum salary for the job you will do.
Your English level must be at least B1.

Benefits:

A skilled worker visa can last for up to 5 years before you need to extend it. You can apply to extend your visa as many times as you like as long as you still meet the eligibility requirements.
During your stay, you can work, study in the UK.
You can bring your partner and children with you as your ‘dependants’
You may be able to apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) if you’ve lived in the UK for 5 years and meet the other eligibility requirements. This gives you the right to live, work and study here for as long as you like and apply for benefits if you’re eligible.

Limits:

You cannot apply for most benefits or the State pension.
You cannot change jobs or employer unless you apply to update your visa.

Option 3 – Study in the UK

All international students who want to study in the UK must get a student visa. A student visa is only available to full-time students pursuing a degree in the UK, not short-term or language courses.

For short courses that last less than 12 months, you can apply for a visitor visa or a short-term study visa. You should apply for a student visa at least three months before the academic year begins or six months at the earliest.

Requirements:

You must be sponsored by a licensed college or university and have a confirmed place.
You have enough money to support yourself and pay for your course – the amount will vary depending on your circumstances.
can speak, read, write and understand English.
have consent from your parents if you’re 16 or 17 – you’ll need evidence of this when you apply.

Benefits:

You can study and have limited work during your stay.
You may be able to bring your partner and children. From January 2024, international students will not be permitted to bring family members with them while they study in the UK – unless they are studying in postgraduate research courses (e.g., research-based PhDs and research-based master’s programs).
You can extend your student visa and switch to other visas in the UK if you are eligible.

Limits:

You cannot apply for public funds and pensions.
You cannot work in certain jobs or be self-employed.

Option 4 – Setting up a business in the UK

The Innovator Founder Visa route is designed for experienced businesspeople who seek to start a business in the UK.

Your business idea must be innovative, viable and scalable. There is no minimum investment, however the plan must be endorsed by a relevant authority approved by the Home Office.

Requirements:

Your need to produce a business plan that evidences the following qualifications: new, innovative, viable and scalable.
Your business or business idea has been endorsed by an approved body, also known as an endorsing body.
You must be able to speak, read, write and understand English.
You are able to prove that you have enough personal savings to support yourself while you’re in the UK.

Benefits:

You can stay in the UK for 3 years and can be extended for a further three years.
During your stay, you can set up a business or several businesses.
You can bring your partner and children with you as your ‘dependants’ if they are eligible.
You can apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) if you have lived in the UK for 3 years and meet the other eligibility requirements.

Limits:

You cannot work as a professional sportsperson.
You cannot apply for most benefits or the state pension.

Contact us for more information about visas.

Do you need expert advice or assistance? We at Lisa’s Law specialize in assisting with applications for different UK visa routes. We will advise and represent you throughout the process. Contact us today to start the process.

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The SNP announces independence plan for Scottish citizenship

The Scottish government has published new proposals for how someone would be able to obtain Scottish citizenship in a independent Scotland. These proposals were published in a research paper entitled ‘Citizenship in an independent Scotland’.

The report’s release comes at a time when Scottish independence currently seems to be a remote possibility. The sudden departure last year of popular SNP First Minister Nicola Sturgeon and polling indicating that the majority of Scots wish to remain as part of the UK makes the idea of Scottish independence more unlikely than it has been in recent times.

The last referendum Scotland had on the subject of independence was in 2014, when the Scottish electorate voted to remain as part of the United Kingdom by 55.3% to 44.7%. While the Scottish government have attempted to hold another one, this requires the consent of the UK government in Westminster, following an November 2022 Supreme Court decision.

While independence may seem unlikely right now, it is still worth thinking about how Scottish citizenship would operate in an independent Scotland. The First Minister, Humza Yousuf, has said there would be four ways of obtaining citizenship in an independent Scotland. So what are they?

Keep reading to find out.

Ways to become a Scottish citizen

The four ways of becoming a Scottish citizen will include the following:

automatic entitlement on the day of independence
by birth after independence
by registering as a Scottish citizen, or
by applying to become a Scottish citizen

Automatic entitlement

Automatic entitlement to Scottish citizenship would occur on the day when Scotland became independent if you are already a British citizen and:

live in Scotland
were born in Scotland
you have a parent who was a British citizen born in Scotland
Or, if you previously lived in Scotland for 10 years, or 5 years if you are a child. There would also be a pro rata calculation for young adults

It would however be possible to opt out of Scottish citizenship if you did not wish to automatically become a Scottish citizen.

Birth after independence

Children who are born in Scotland after independence would automatically become Scottish citizens if at least one of their parents is:

A Scottish citizen
A British or Irish citizen
“Settled” in Scotland according to Scottish immigration law.

They would also be entitled to Scottish citizenship if they are born outside Scotland but at least one of the child’s parents is Scottish.

Registering after Scottish independence

There would also be an option to register as a Scottish citizen.

This option would be available to both British and Irish citizens living in Scotland, as well as children of any nationality who were brought up in Scotland and are currently living there.

Applying to become a Scottish citizen

Finally, there would also be an option to apply to become a Scottish citizen. Like the UK in its current form, this would be known as “naturalisation”.

A person would be able to apply for Scottish citizenship if they had lived in Scotland for five years and had been settled in Scotland for at least 12 months.

Rejoining the EU

A key feature of the Scottish government’s plan is their intention to “rejoin the EU”. They also pointed out that they want to retain the Common Travel Area between the UK and Ireland , and maintain “communication” with the UK and Ireland in the future. In other words, British and Irish nationals, even after Scotland’s independence, can continue to freely enter, leave and even live in Scotland.

In addition, Scotland will allow citizens to hold dual citizenship. In other words, a person can hold British and Scottish citizenship at the same time. The Scottish government intends to adopt the “Irish-style” nationality rules, and to make the “road to naturalization” easier for immigrants. This will open a new path for applicants whose grandparents/grandparents are Scots.

Moreover, if the Scottish passport is really implemented, it will enable people holding Scottish passports to regain the “right to move freely” on the premise of “re-entering the European Union” in the future. The Scottish passport would then seem to be more practical than the British passport! This may replicate a scenario where lots of British citizens of Irish ancestry applied for Irish passports after Brexit to enjoy the benefits of EU citizenship.

Our thoughts

These proposals by the Scottish government are a clear attempt to outmanoeuvre Westminster by offering a friendlier, more welcoming immigration policy. At a time when the UK’s Conservative government continues to tighten its immigration controls, the hope is clearly that having an open immigration policy will attract more people to Scotland.

An independent Scotland would require a vibrant, dynamic economy if it departed the UK, so it is understandable that an independent Scottish government would wish to introduce an immigration policy that would be flexible and adaptable.

Nevertheless, as mentioned previously it currently seems unlikely that Scotland will become an independent nation, particularly given Westminster’s reluctance to grant the Scottish government the power to hold a referendum. It does however signify the disparity in how the governments of the two countries view immigration and citizenship.

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Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open 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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News and Insights

What are the key changes?

The duty to make arrangements for removal of an ineligible person – section 2 of the Act

Unaccompanied children and power of the Secretary of State – section 4 of the Act

Disregard of certain claims and applications – section 5 of the Act

Electronic devices – Section 15 and Schedule 2 of the Act

Leave to enter and remain, entry clearance, electronic travel authorisation, settlement and British citizenship in the UK – section 30 to 35 of the Act

Legal proceedings – section 38 to 53

Interim remedies section 54 to 55 of the Act

Our thoughts

Background

Legal framework

Appeal Decision

R (on the application of Hammad Tazeem) v Secretary of State for the Home Department (SSHD)

Our comments

Background

Decision

Our thoughts

How does a person’s domicile status affect their will?

What is the risk of not having a will which covers your foreign assets?

Solicitor Xinlei’s thoughts

Hague Convention

Administration of Justice Act 1920

Foreign Judgments (Reciprocal Enforcement) Act 1933

Common law

Restrictions

How can a foreign judgement be enforced?

Option 1 – Visiting the UK

Option 2- Work in the UK

Option 3 – Study in the UK

Option 4 – Setting up a business in the UK

Ways to become a Scottish citizen

Automatic entitlement

Birth after independence

Registering after Scottish independence

Applying to become a Scottish citizen

Rejoining the EU

Our thoughts

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