Is the Home Office now more open to UK visitor visas from China’s Fujian province?

For some time, it has been no secret that the Home Office have tended to refuse visitor visa applications from applicants who are from Fujian Province in China.

The commonly understood reason for this is that it is due to the large number of overstayers in the UK from the Fujian province. The Home Office therefore suspects that everyone from that province will overstay in the UK. The rate of visitor visa applications is extremely low. They tend to refuse them arbitrarily.

However, over the years the economic circumstances of Fujian have changed substantially. The attraction of coming to the UK to live permanently has declined significantly. There are more people who simply want to visit their family members in the UK and not overstay, particularly those who are at senior ages.

Recently, we have been successful in applications from Fujian province, and we therefore wonder whether the Home Office have now become more open to visitor applications from the region. Perhaps finally the Home Office has recognised the significant developments in the region over the years, the growing population of over 41 million, and also recognised that many wish to just visit their loved ones in the UK.

You can find more details on our visit visa requirements here.

Should you wish to visit the UK or want to bring family member to visit you in the UK, then please get in touch.

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Visitor Visa Guidance

A visitor visa permits individuals from foreign countries to visit the UK for various reasons such as tourism, business, study (for courses that last no longer than 6 months), and other permissible activities. The visa allows for a stay of up to 6 months, but in certain cases, such as for medical treatment, it may be possible to apply for a longer stay.

This guide will briefly explain the general requirements that must be met to apply for the visitor visa. All requirements must be strictly met otherwise the application will be refused.

What are the requirements?

You must have a passport or travel document to enter the UK. It should be valid for the whole of your stay.

You must be able to show that:

You will leave the UK at the end of your visit
You’re able to support yourself and any dependants accompanying you during your trip (or have funding from someone else to support you to cover your travel expenses)
You’re able to pay for your return or onward journey (or have funding from someone else to pay for the journey)
You’ll not live in the UK for extended periods through frequent or successive visits, or considering the UK as your primary residence
You must have enough money to support yourself during your stay in the UK

You may need to meet extra eligibility requirements if you’re visiting the UK:

to study, do a placement or take an exam
as an academic, senior doctor or dentist
for medical reasons

What can you do in the UK?

You can visit the UK as a Standard Visitor:

For tourism such as a vacation
To visit family or friends
To volunteer with a registered charity for up to 30 days
To transit through the UK en-route to another country
For specific business activities such as attending a meeting or interview,
To participate in a school exchange program
To undertake a recreational course for up to 30 days
To study, do a placement or take an exam
For academic or medical purposes

What can’t you do in the UK?

Do paid or unpaid work for a UK company or work as a self-employed individual
Claim public funds (benefits)
Make the UK your main home by living in the UK for extended periods through frequent or successive visits
Get married or register a civil partnership, or give notice of marriage or civil partnership during your visit – you must apply for a Marriage Visitor visa

What documents do I need?

To apply for a UK visitor visa, you will need to provide certain documents. These include:

A valid passport or travel document
The intended travel dates for your visit to the UK
The places where you plan to stay during your trip
An estimated cost for your whole journey
Your present home address along with the duration of your stay in the UK
Your parents’ names and dates of births (if known)
Your annually income (if you have income)
Details regarding any criminal, civil or immigration offenses you may have committed

Depending on your circumstances, you might also need to provide:

Your travel history for preceding 10 years
your employer’s address and phone number, your partner’s name, date of birth, and passport number
The name and address of the person financing your travel
The name, address and passport number of any family members residing in the UK
A certificate verifying that you’ve taken a tuberculosis (TB) test if your visit exceeds 6 months

What is the application process?

Submit an application – If you’re applying with family members, each person must submit their own application and pay the visa fee.

After you have submitted your Attend your appointment

After you have submitted your application, you will need to attend an appointment at a UK visa application centre. During the appointment, you will need to provide your biometric information, such as fingerprints and a photograph.

Wait for a decision

Once you have attended your appointment, you will need to wait for a decision on your application. The processing time usually takes around 3 weeks. If your application is approved, you will receive a visa vignette in your passport, which will allow you to enter the UK.

Fast track – how do I get a faster decision?

Collection within 5 working days (priority services): £500

If the ‘priority service’ is available in the country you’re applying from and you verify your identity at a visa application centre, you can choose this service while applying for your visa. This service will require an extra fee. A decision on your application will be made within 5 business days from when you provide your biometric information at your appointment.

Next day collection (super priority services): £800

If the ‘super priority service’ is available in the country you’re applying from and you verify your identity at a visa application centre, you can choose this service while applying for your visa. This service will require an extra fee. A decision on your application will be made by the end of the next working day from when you provide your biometric information at your appointment.

Check with your visa application centre to see if fast track services are available in the country you’re applying from. Contact us to find out more information.

What are the fees?

The visa fee for a UK visitor visa varies depending on the length of your stay. You will need to pay the fee online as part of the application process.

	Fee	Maximum length of stay
Standard Visitor visa	£100	6 months
Standard Visitor visa for medical reasons	£200	11 months
Standard Visitor visa for academics	£200	12 months
2-year long-term Standard Visitor visa	£376	6 months per visit
5-year long-term Standard Visitor visa	£670	6 months per visit
10-year long-term Standard Visitor visa	£837	6 months per visit

Contact us today to start the Visitor Visa process

We at Lisa’s Law regularly assist in applying for Visitor Visa applications both from abroad, and within the UK. We will advise and represent you throughout the process.

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How to Apply for a UK Spouse Visa

A UK Spouse Visa allows a foreign national to travel to the United Kingdom to live with their partner who is either British or is ‘settled in the UK’. This guide will briefly explain the general requirements that must be met to apply for the spouse visa. All requirements must be strictly met, otherwise the application will be refused.

What are the requirements for a UK Spouse Visa?

In order to qualify for a spouse visa, you must satisfy a number of requirements. These are as follows:

You and your partner must be aged 18 or over when the application is submitted.
You and your partner must intend to live together permanently in the UK.
The applicant and UK partner must have met in person.
Your relationship with your partner must be ‘genuine’ and ‘subsisting’
You and your partner are legally married in a marriage that is recognised in the UK;
Any previous relationship has broken down permanently
You satisfy a financial requirement.
You speak and understand English to a required level.
There is adequate accommodation for you and any dependents.

Sponsoring Partner

Your application for a spouse visa is based on your partners basis to be in the UK and therefore they must be either one of the following:

A British Citizen.
‘Settled’ in the UK; or
Have Pre-Settled Status under the EU Settlement Scheme.
In the UK with refugee leave or humanitarian protection.
Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA;

Relationship

To satisfy the relationship requirements, you will need to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply
you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

You must also ensure that you and your partner are 18 or over and have met in person. If either of you have previously been in a relationship, that relationship has broken down permanently.

Immigration Status Requirement

Along with making an application from abroad, you can make an application from within the UK for the first time, however you must not be in the UK:

As a visitor
With a leave granted for a period of 6 months or less
On immigration Bail
In breach of immigration rules

Should your circumstances fit in the above criteria then please see section below – What if you cannot meet all the requirements?

What are the UK Spouse Visa Financial Requirements?

You must show that you meet the financial requirements under Appendix FM and therefore can be adequately maintained in the UK without recourse to public funds.

You will need to demonstrate that you and your partner have a combined gross annual income of at least £29,000 as of 29th April 2025, before being subject to a review in June 2025 which could see it increase to £38,700. However, if you applied before 11th April 2025 and you are extending that visa, you and your partner will need to prove that your combined income is at least £18,600 a year. If you have children who are not British, or do not have pre-settled status, then you must show an additional:

£3,800 a year for your first child
£2,400 a year for each child you have after your first child

If you do not meet the income requirement stated about, you may be able to use savings. Contact us to find out more information.

How can you meet the Financial Requirements?

There are a number of ways that you can satisfy the financial requirements which include:

Employment income
Self-employment income
Savings
Investments in stocks and shares
Rental income

If you are in receipt of certain public funds, you may be able to relay on the adequate maintenance and accommodation alternative to satisfy the financial requirements. Please contact us for more information.

Knowledge of English requirement

You will need to show that you speak and understand English to the required level to meet this requirement. It is possible for you to prove this by passing an approved English language test.

You must pass at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale for your first visa application. Level A2 if you wish to stay in the UK after your first visa and are intending to apply for a renewal. Level B1 if you are applying for settlement here in the UK.

You do not need to take an approved English language test if you have a degree or academic qualification that was taught or researched in English.

You also do not need to prove your knowledge of English if you are a national of one of the countries below:

Antigua and Barbuda
Australia
the Bahamas
Barbados
Belize
the British overseas territories
Canada
Dominica
Grenada
Guyana
Jamaica
Malta
New Zealand
St Kitts and Nevis
St Lucia
Trinidad and Tobago
St Vincent and the Grenadines

What if you cannot meet all the requirements?

It may be possible to still apply for a spouse visa if you do not meet all the requirements if you will face significant difficulties in continuing your family life outside of the UK. Please contact us to find out more information.

What are the UK Spouse Visa fees?

You will need to make payment of both the Home Office fee and Immigration Health Surcharge when your application to the Home Office is ready to submit. As of April 2025, the UK spouse visa fees are as follows:

Application	Home Office fee	IHS
Applying outside of UK	£1,938	£1,035 per year
Applying within the UK	£1,321	£1,035 per year

Please note that when applying for entry clearance, the actual fee paid may be higher due to payment being processed in the local currency.

Is fast track available?

Please note that super priority service is available whereon you will get a decision the next working day. For applications made abroad the Home Office charge an additional fee of £956.00 and for applications made within the UK, the Home Office fee is £800.00.

What comes after you apply for a UK Spouse Visa?

Once you application has been submitted, you will need to book a biometric appointment so that you can attend a visa centre to submit your biometrics. You will not be able to submit any further documents after your biometrics have been submitted and your application will be under consideration.

Presently, the Home Office can take up to 6 months from your biometric submission date to decide an application made for the first time unless there is a delay. If you are applying for an extension after your first visa has expired, then you should receive a decision within 6 months from the biometric submission date.

There is a number of reasons why an application can be delayed, but most commonly it can failure to provide all the required documentation, and / or the need to attend an in-person interview.

To help avoid such potential delays, please contact us to Assis with your spouse visa applications, ensuring that avoidable delays, and refusals are dealt with at the application stage.

Spouse Visa – Granted

Should your application for a UK spouse visa be granted you will be granted a visa for 33 months. If you have made an application within the UK, then you will be granted a visa for 30 months.

You will be eligible to enter and live in the UK within this time. You will be able work without any restrictions and study in the UK.

When can you apply for settlement?

If you met all the UK spouse visa requirements listed under Appendix FM, then you can apply for settlement after holding the visa for 5 years. If you did not meet the requirements, then you can apply after 10 years.

At Lisa’s Law, we regularly assist in applying for Spouse Visa applications both from abroad, and within the UK. We will advise and represent you throughout the process. Contact us today to start the 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.

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Welcome Victor

We are excited to welcome Victor Mmegwa to Lisa’s Law. Victor joins the Immigration Team as a Solicitor and we are very pleased to have him on board.

Victor has 6 years PQE (post-qualified experience) and has huge experience of managing his own caseload in Immigration, Human Rights and Public law. He graduated from the University of Hertfordshire in 2010 with a 2:1 in LLB (Honours) Law and successfully completed his Legal Practice Course at BPP Law School in 2012.

Victor is an Accredited Senior Caseworker (Level 2) under The Law Society Immigration & Asylum Scheme and has experience working on a range of cases from Indefinite Leave to entry clearance applications.

In his spare time, Victor likes to play either 5 a-side or 11 aside football. He also likes to work out in the form of strength training.

Victor is fluent in English.

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Child arrangement – frequently asked questions

Fourth in our series of frequently asked questions about family law is the subject of child arrangement. These are usually only relevant in the matter of a divorce or separation.

You can read the previous articles in our series of Family Law frequently asked questions here.

What is a Child Arrangements Order?

A Child Arrangements Order is an order that regulates the arrangements for a child. The Court can make orders such as with whom a child is to live and how contact with the child should be maintained and in what way.

What is contact?

Contact is the time that a child spends with an adult. This includes 1. Direct contact between the child and the person named in the order; 2. Overnight stays; 3. Supervised contact, and 4. Indirect contact through letters or cards.

What can the Court order in a child arrangement case?

The Court may order: No contact with the child, if it is in the child’s best interests (this is rare); Who the child will live with; The child to live with one parent only; or Contact time to be shared between both parents (does not mean equal split).

What can you apply to the Court when it comes to child disputes?

You can apply to the court for: Child Arrangements Order; Prohibited Steps Order; Specific Issue Order; and/or Consent Order,.

Who is entitled to apply for a Child Arrangement Order?

The following people can apply for a Child Arrangement Order without permission from the Court: Parents, including unmarried fathers; Guardians; Special guardians; Step-parents with parental responsibility; Any person in whose favour a residence order is in force in respect of the child; Any party to a marriage in relation to whom the child is a child of the family; Any person with whom the child has lived with for a period of at least 3 years (does not need to be continuous but must not have begun more than five years before, or ended more than three months before the making of the application). Any person who is not entitled (e.g. grandparents) may apply for the Court’s permission to make an application.

What is the requirement before applying to the court for Child Arrangement Order?

The Court encourages both parties to reach an agreement outside of Court and only apply to the Court where it is strictly necessary to do so. Before applying for the court order, you are legally required to attend a Mediation Information and Assessment Meeting, unless you are exempt or applying for a consent order.

What is Mediation Information and Assessment Meeting (MIAM)?

A MIAM is an initial meeting where you will be given information about mediation and alternative ways of reaching an agreement without going to Court. A mediator will consider with you whether other methods are more suitable for your case. Note: A MIAM is a one-off meeting and is not the same as mediation.

What happens at a Mediation Information and Assessment Meeting (MIAM)?

At the MIAM, a mediator will explain: How mediation works; The benefits of mediation; Whether mediation is right for you; The likely costs; Whether you qualify for help with the costs of mediation and legal costs; Other methods to help you reach an agreement.

After you attend the MIAM, the mediator should provide you with a signed document to confirm you attended a MIAM, or if you do not need to attend the MIAM, certify that you are exempted. If you don’t have such a document, you should ask the mediator for one. You must bring the signed document from the mediator to the first court hearing.

Why does the Court encourage both parties to reach an agreement outside of Court in children’s proceedings?

Even though the outcome is legally binding, and the decision is made in the best interests of the child, the court process can take a long time and can be very expensive. In addition, involving the Court may be more stressful for you and your child, it may increase conflict between you and the other party and you may not be in control of the outcome.

What are the alternative ways to reach an agreement?

If there are no safety concerns, you should see if there is a more suitable way to agree on child arrangements with the other party other than going to Court. By reaching an agreement out of court, you may be able to make the situation less stressful for the child, reduce conflict with the other party, help the child maintain existing familial relationships and save costs and time. You can seek help from: Professional mediation; Lawyer negotiation; or Collaborative lawyer (negotiate face-to-face).

What is the procedure for children proceedings?

If you still can’t reach an agreement with the other party using an alternative way, then you can apply to the Court for a court order. The Applicant submits the application online or by post. The Court will set a time and place for you and the other party to attend a First Court Appointment. It is called the First Hearing Dispute Resolution Appointment (FHDRA). Information about this appointment and the application will be served to the other party and any other adults involved as they need to complete a form and send it back to the Court.

The Court will also send a copy of the application to Cafcass (Children and Family Court Advisory and Support Service) and they may attend the FHDRA. Usually, the Court investigates the issues and enquires into the possibility of a settlement in a FHDRA.

If an agreement still cannot be reached in the FHDRA, the Court will identify the outstanding issues and will give directions on how the case should proceed. The Court might order a Cafcass officer to prepare a report to help the judge at the final hearing, or it might order that the child be legally represented in the proceedings. The Court may also order the parties involved to prepare written statements of the evidence that they want the Court to hear. Sometimes the Court will also adjourn the case for mediation to take place, if the Court thinks the parties can reach an agreement through mediation.

If the issues still cannot be sorted out, the Court will ultimately hold a final hearing. At that stage, a judge will hear evidence from, the Cafcass officer, any adult parties involved in the proceedings and any other necessary experts, and then make a decision.

What are the factors the Court will take into consideration in children proceedings?

The first concern of the court is the child’s welfare. The Children Act 1989 directs the Court to pay particular attention to seven factors when making a decision, this includes: The wishes and feelings of the child concerned; The child’s physical, emotional and educational needs; The likely effect on the child if circumstances change as a result of the court’s decision; The child’s age, sex, background and any other characteristics that will be relevant to the court’s decision; Any harm the child has suffered or may be at risk of suffering; The capability of the child’s parents (or other relevant people) in meeting the child’s needs, and The powers available to the Court.

Additionally, the Court must presume when considering an application for a Child Arrangement Order, unless the contrary is shown, that involvement of each parent (either direct or indirect) in the life of the child concerned will further the child’s welfare. That presumption applies if that parent can be involved in the child’s life in a way that does not put the child at risk of suffering harm. The Court must also be satisfied that making an order is better for the child than not making an order at all.

How long does a Child Arrangement Order last for?

A Child Arrangement Order that regulates with whom the child is to live and when, will last until the child is 18 (unless the court orders an earlier date). A Child Arrangement Order that regulates when the child is to have contact with a person will usually end when the child is 16 but in limited circumstances can last until the child is 18.

Can you change or enforce a Child Arrangement Order?

A court order is not flexible. You will need to apply to the Court again if your situation changes. You or the other party involved can apply to the Court to enforce the order if any of you breaches it.

How much do you charge for child arrangement matters?

It depends on whether you and your spouse are able to reach an agreement. We charge at an hourly rate of £300+VAT. How much you would end up paying in total depends on how much time we will need to spend on your case. Generally, if the parties can agree on the terms regarding residence and contact of the child, we would be able draft a Parenting Plan for you.

Our fees will depend on the complexity of the terms and will start at £1500+VAT. If a child arrangement consent order is required, i.e. you and the other party will agree that the terms are valid and enforceable, but would like the Court to endorse your agreement. Depending on the complexity and Court’s direction, our fees will start from £2000+VAT.

If no agreement can be reached and a contested proceeding is required, our fees will start from £10,000-15,000, depending on the Court’s directions for the hearing. In addition, there are court fees and barrister fees, which will in the region of £6,000-£8,000, depending on the level of experience of the barrister.

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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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New Innovator Founder Route opens – how do I apply?

The new Innovator Founder route came into force on 13^th April 2023. It replaces the previous innovator route and start-up route.

The route is for those that wish to set up and run an innovative business in the United Kingdom. The business must be new, and an original business idea that is different from anything else on the market.

What is different about the Innovator Founder Route?

The two biggest changes in the new Innovator Founder Route are:

Removal of the £50,000 investment requirement – Previously businesses were required to show that they were going to invest a minimum of £50,000 in their new business.
Removal of the restriction from undertaking additional employment

The removal of the £50k requirement in particular gives more flexibility to innovators while retaining the requirement for an innovative business idea with sufficient funds to deliver on it. Furthermore, this removal also means that the there is no longer any need for the Start-up route as neither route will require access to £50k of funds.

Who is eligible for the Innovator Founder Route?

To be eligible for the visa, your business or business idea must be endorsed by an endorsing body. The previous endorsing bodies have now been replaced by four endorsing bodies, which are:

1. Geminus Innovation

2. Envestors

3. UK Endorsement Services (UKES)

4. The Global Entrepreneurs Programme (GEP)

You are also required to show that you meet the English language requirement and have enough personal savings to support yourself whilst you are in the UK.

Should you wish to find out more information about this route, then contact us and we will be happy to answer any questions.

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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.

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Abuse of YouTube copyright policies leads to permanent injunction against defendant

By Fiona Huang

For those who conduct business by using Amazon, eBay, YouTube or other platforms, you may have encountered intellectual property (IP) infringement by your competitors. One of the most effective ways to protect your IP rights is to report the infringement to the platform provider. The provider should always respond swiftly and take action against the infringer.

However, a recent judgment (Moviebox Megastores International Ltd and others v Rahi and others [2023] EWHC 501 (Ch)) should be of importance to rightsholders by clarifying that the court may issue injunctions against those who abuse the platform’s policy with regards to IP protections. This article will briefly introduce the case and highlight its practical implications, including the question of

Keep reading to learn more.

Background of case

In February 2017, Mohammad Rahi (Defendant) emailed Moviebox Megastores International Ltd (one of the Claimants), claiming that the 4 albums (claimed to have been written by the Defendant) published by Moviebox’s YouTube and iTunes accounts infringed his copyright. The Defendant then requested that Moviebox remove the material on the platforms. After being rejected by Moviebox, the Defendant issued various complaints (referred to as copyright ‘Strikes’ under YouTube policy) against Moviebox’s YouTube account and an additional account run by Oriental Star Agencies (another Claimant).

According to YouTube policy, parties can report copyright infringement on the platform and this will trigger YouTube’s internal takedown process. YouTube will then use its discretionary right to suspend the alleged infringer’s account. The Defendant, by making 3 separate strikes which covered 26 YouTube links appearing on Moviebox’s YouTube channel, successfully had the alleged infringing contents removed from the Claimants’ YouTube accounts and ultimately had the accounts suspended. These strikes resulted in Moviebox’s loss and damaged the relations between Moviebox and YouTube. Therefore, Moviebox brought a claim against the Defendant.

The court’s decision

After having heard and viewed the evidence and the parties’ arguments, the Court ruled that the Defendant did not own the copyrights in the relevant albums. It was the Court’s view that the Defendant wilfully ‘pursued a relentless and fraudulent campaign’ aimed at damaging the economic interest of Moviebox and allowing his own free use of the works. As a result, the court granted a permanent injunction against Defendant, which prohibited the Defendant from making further Strikes against Moviebox. Clearly, the injunction would also help Moviebox to demonstrate to YouTube that the Defendant was abusing the platform’s procedure and his complaints should not be actioned on.

Practical implications of the case

It can be seen from this case that the platform providers were willing to take action against the alleged infringer without carefully verifying the complainant’s identity. As a result, a party may abuse the platform’s policy to unlawfully have its competitors’ products removed and accounts suspended and hence achieve an outcome it desires. From now on, it is likely that platforms will take more serious investigation as to whether the complainant is the true rightsholder.

A business wanting to remove any alleged products or contents by claiming IP infringement should be prepared to show its ownership of the IP. Otherwise, the other party will likely apply for injunctive relief, particularly where the abusive complaints result in unlawful interference with the other party’s business.

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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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Can you achieve UK settlement without speaking English or passing the life in the UK test?

To apply for settlement / indefinite leave to remain in the UK, there are a number of requirements that an applicant needs to satisfy. One requirement is knowledge of language and life in the UK.

Under the Home Office Discretionary Leave Guidance, it states that those who have been granted discretionary leave and are applying for settlement do not need to meet this requirement.

Case study

We were recently instructed by a client that had come to the UK in 2008 and claimed asylum. Her asylum claim was refused in 2011, however she was granted discretionary leave, outside the immigration rules on the basis that she had a child in the UK.

Over the years, she applied for a number of extensions, and instructed us to apply for settlement. We advised her that she does not need to undertake the English test nor the Life in the UK Test and explained the above said guidance.

An application was submitted and yesterday she was granted Indefinite Leave to remain. The client is understandably very pleased and can now plan her future in the UK as a settled person.

Are you eligible?

To be exempt from the English test and Life in the UK test requirement, you need to have been first granted discretionary leave which is often granted by one of the following methods:

1. Applicants are normally failed asylum seekers;

2. Application was initially made by way of further submission, rather than using FLR(FP);

3. Extensions have been done by form FLR(DL), rather than FLR(FP), as HO’s system has always stopped such persons from using FLR(FP) forms and premium service.

How about if you were granted Discretionary leave, and then placed under the 10-year route within the immigration rules after an extension application?

We are of the view that if you 10 years lawful residence comprises of leave outside of the immigration rule and within, then it should be argued that the English test and Life in the UK test requirement should not be applicable to your case as the initial grant was granted outside of the immigration rules.

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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Is it possible to disinherit your spouse? Widow awarded 50% of estate in recent court case

By Angeline Teoh

A Will is a legal document that ensure your assets are distributed according to your wishes after your death. However, if your Will is not handled properly, it may result in your spouse or close family members bringing a claim under the Inheritance Act (Provision for Family and Dependants) 1975 to seek a fair share of the estate if they are not named as beneficiaries in the Will. This means that even if you have made a Will, it may not fulfil your wishes as you intended.

In a recent case, Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam), a surviving wife successfully brought a claim under the Inheritance Act (Provision for Family and Dependants) 1975 and was awarded 50% of the estate, despite not being named as a beneficiary in the Will.

This case shows how important it is to ensure that your will is professionally drafted to avoid situations where you cannot disinherit your spouse as was intended in this case.

Background to case

The case involved a wife and husband (deceased) who had been married for 66 years and had 6 surviving children, including 2 sons and 4 daughters when the husband passed away on 21 August 2021. In the husband’s Will, he left the whole estate to his two sons in equal shares. The reason was that he wanted his estate to be passed down solely through the male line, and the wife was not entitled to anything. However, the wife subsequently brought a claim and claimed the estate was worth £1.99m.

The wife was 83 years old, unemployed, had modest assets and disabled. During the marriage, the wife made a significant contribution to the marriage and the family business without receiving any salary. The wife was financially dependent on the husband, who had contributed to all family outgoings. Following the husband’s death, the wife moved out of the family home when one of her sons, with whom she had a strained relationship, moved in.

The Court had to decide whether the Will had failed to make reasonable financial provision for the wife and, if so, what the financial provision should be. The Court considered the factors set out in the Inheritance Act (Provision for Family and Dependants) 1975, including the wife’s financial resources and needs in the foreseeable future, the deceased’s obligation towards the wife, the physical and mental disability of the wife, the size and nature of the net estate of the deceased, as well as the age of the wife, the duration of the marriage, and her contribution to the family.

After considering all the factors, the Court held that reasonable provision had not been made for the wife. The Court concluded that after 66 years of marriage and full and equal contribution, it was clearly unfair for the wife to be left with nothing. If the case had proceeded to a divorce proceeding, the wife should have received more than 50%. It is unreasonable for the surviving spouse to be worse off as a widow than in a hypothetical divorce.

Therefore, the Court concluded that the wife should receive 50% of the net value of the estate, and the disposition of the estate affected by the Will be varied accordingly. The wife’s legal costs should also be paid from the estate and deducted from the gross value of the estate before division.

What can we learn from this case?

In conclusion, this case highlights that despite making a valid Will, the estate may not distribute purely according to the deceased’s wishes. This case also serves as a warning to anyone who wishes to make an impulsive and unfair decision as to the beneficiaries for their estate. Spouses who have contributed significantly for a significant number of years cannot simply be disinherited. It is also not a valid reason for the deceased to leave all the estate to the male line and disinherit the spouse or other dependents.

The judgment was clearly fair and reflected what the wife had contributed to the family. In fact, should the deceased have not died, the wife would have been able to apply for financial remedies to claim her entitlement to the family assets in a divorce proceeding. As the deceased was dead, such remedy was not available to her any longer. Her only choice was to make a claim under the Inheritance Act (Provision for Family and Dependants) 1975.

But not everyone can bring a claim

It should be noted that not everyone can bring a claim under Inheritance Act (Provision for Family and Dependants) 1975. The appropriate applicants include the spouse or civil partner of the deceased, the unmarried former spouse or former civil partner of the deceased, children of the deceased, and a person who was being maintained by the deceased. However, the effect of this legislation is that the testator will not be able to disregard the needs of someone who is dependent on him.

It is essential to have a professionally drafted Will that considers your finances and personal circumstances. This provides an opportunity to discuss your estate planning with your family and significantly reduces the likelihood of disputes arising after your death. Please contact us if you need help with your Will and we will be able to advise you based on your circumstances.

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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UK Ancestry visa – do you qualify for the UK’s ‘easiest’ immigration route?

The UK Ancestry visa is one of the most popular routes to residency in the UK. As its name suggests, acquiring the UK Ancestry visa requires you to have ancestry from the UK. More specifically, you must have a grandparent who was born in the UK, the Channel Islands or the Isle of Man.

There are a number of other requirements for the UK Ancestry visa which you must also meet. Nevertheless, the UK Ancestry Visa is hugely advantageous route for those Commonwealth citizens who are eligible. It is therefore vitally important to make that you fill in your application correctly. That is where we can help!

Get all you need to know about the UK Ancestry Visa below.

You can contact us here to get started.

Why are only Commonwealth citizens eligible?

The Commonwealth of Nations is a political organisation made up of 56 member states, the vast majority of which are former colonies of the British Empire. The organisation comprises over 2 billion people from all over the world and represents one of the easiest routes for Commonwealth citizens who qualify in the form of the UK Ancestry visa. Commonwealth citizens are given special status due to their unique political, cultural, economic and familial ties to the United Kingdom.

What are the basic requirements for the UK Ancestry visa?

There are very few basic requirements for the UK Ancestry visa. The applicant must be as follows:

At least 17 years of age at the time of the application
A Commonwealth citizen
Have a grandparent born in the UK/British Isles, or in Ireland before 31/03/1922, or on a ship or aircraft that was either registered in the UK or belonged to the UK government
Be able and intend to work
Must be able to support yourself and any dependants while you are in the UK

You can also claim ancestry if you or your parent were adopted, or if your parents or grandparents were not married. However, you cannot claim ancestry through your step-parents.

But what are the financial and work requirements?

The UK Ancestry Visa is unique in that, comparably, the financial and work requirements are very low. There is no specified amount of money you must have in savings, there is no minimum salary you need to be earning, and you do not even need to have a job lined up.

All that is required for the work requirements for this route is that (as mentioned in the previous section) the applicant can show that they are ‘able to work and intend to seek and take employment’. This can be proven in the form of examples of past experience of work, future job offers or even signing up with a UK recruitment agency.

As for financial requirements, the applicant must be able to prove that they are able to support themselves without needing to access public funds. This can include being able to demonstrate ‘credible promises of financial support from a third party, such as a relative or friend of the applicant’.

You are able to work for any employer you wish, meaning that the route is not limited to licensed sponsors. You are also able to use the UK Ancestry visa to study.

Can I bring my partner and family?

Once again, the UK Ancestry visa is particularly advantageous when it comes to allowing dependants of the applicant to qualify for settlement. Dependants qualify for settlement as soon as the applicant does.

Dependants are classed as your partner, any child under the age of 18, as well as any child over the age of 18 who was previously on either you or your partner’s visa as a dependant.

Your partner is classed as someone you’re in a UK-recognised civil partnership or marriage with, or someone you’re in a relationship with who you’ve been living with for at least 2 years when you apply.

Meanwhile, unless they’re living away from home for full time education, your child must live with you. They cannot be married, in a civil partnership or have a child.

Finally, they must be supported by you without public funds.

How long does the UK Ancestry visa last, and does it allow you to qualify for leave to remain?

The UK Ancestry visa lasts for a maximum of five years. By the end of this period, you should be eligible to apply for indefinite leave to remain (ILR). This is conditional on whether you meet the requirements, such as:

Continuing to satisfy the requirements
You spent five years continuously in the UK
You did not spend more than 90 days per year outside of the UK during the five years
You have worked throughout the five year period

If you do not qualify for ILR, you may be able to extend your UK Ancestry visa by another five years.

A big advantage of the UK Ancestry visa is that, unlike others UK routes to settlement, you don’t have to be on the UK Ancestry visa to qualify for settlement. This means that you are able to rely on any previous five-year period you held as a UK Ancestry visa holder.

How much does the UK Ancestry visa cost?

The fee to apply for entry clearance for a UK Ancestry visa costs £516. Nevertheless, it is worth bearing in mind that you will also need to pay for the Immigration Healthcare Surcharge, which typically costs £624 per year. This will allow you to use the National Health Service (NHS). If you don’t pay the Immigration Health Surcharge then your visa won’t be granted.

If you decide to extend the visa after five years then your application will be more expensive. The fee in this situation will be £1,048, plus the healthcare surcharge.

What documents do I need to provide?

It is very important to provide the correct documents. If you fail to do so, your application is likely to be refused. Some of the documents you will have to provide include:

Passport
Birth certificate (your own)
Birth certificate of the parent or grandparent on which your application is based
Evidence that you plan to work in the UK (job offer or business plan)
Bank statement showing you have sufficient funds to support yourself and your dependants

In addition to these documents, you may also need to provide (where applicable):

Evidence that your parents/grandparents have changed their name since birth, such as marriage/civil partnership certificates or deed poll.
Legal adoption papers if you or your parents are adopted
If you are from one of the countries where a tuberculosis test is required then you will need to provide your TB results
Finally, your civil partnership/marriage registration document if your spouse or civil partner wants to join you in the UK

Our thoughts

If you are eligible for a UK Ancestry visa, then it makes perfect sense for you to apply as there are a number of key advantage over other immigration routes that we have already mentioned. You will have an advantage over other routes through the relative ease of applying for settlement once the five year period of the Ancestry visa comes to an end. You will be able to work in any job as long as you can support yourself and can bring dependants providing they can also be supported.

We would be happy to help you with your UK Ancestry visa application, and offer a highly competitive fee of £1,500. Contact us now to start your journey to the UK.

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/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

iPhone version.

Android version.

lisaslaw@web

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News and Insights

What are the requirements?

What can you do in the UK?

What can’t you do in the UK?

What documents do I need?

What is the application process?

Fast track – how do I get a faster decision?

What are the fees?

Contact us today to start the Visitor Visa process

What are the requirements for a UK Spouse Visa?

Sponsoring Partner

Relationship

Immigration Status Requirement

What are the UK Spouse Visa Financial Requirements?

How can you meet the Financial Requirements?

Knowledge of English requirement

What if you cannot meet all the requirements?

What are the UK Spouse Visa fees?

Is fast track available?

What comes after you apply for a UK Spouse Visa?

Spouse Visa – Granted

When can you apply for settlement?

Have questions? Get in touch today!

What is a Child Arrangements Order?

What is contact?

What can the Court order in a child arrangement case?

What can you apply to the Court when it comes to child disputes?

Who is entitled to apply for a Child Arrangement Order?

What is the requirement before applying to the court for Child Arrangement Order?

What is Mediation Information and Assessment Meeting (MIAM)?

What happens at a Mediation Information and Assessment Meeting (MIAM)?

Why does the Court encourage both parties to reach an agreement outside of Court in children’s proceedings?

What are the alternative ways to reach an agreement?

What is the procedure for children proceedings?

What are the factors the Court will take into consideration in children proceedings?

How long does a Child Arrangement Order last for?

Can you change or enforce a Child Arrangement Order?

How much do you charge for child arrangement matters?

What is different about the Innovator Founder Route?

Who is eligible for the Innovator Founder Route?

Background of case

The court’s decision

Practical implications of the case

Case study

Are you eligible?

How about if you were granted Discretionary leave, and then placed under the 10-year route within the immigration rules after an extension application?

Background to case

What can we learn from this case?

But not everyone can bring a claim

Why are only Commonwealth citizens eligible?

What are the basic requirements for the UK Ancestry visa?

But what are the financial and work requirements?

Can I bring my partner and family?

How long does the UK Ancestry visa last, and does it allow you to qualify for leave to remain?

How much does the UK Ancestry visa cost?

What documents do I need to provide?

Our thoughts

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