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Immigration rules in the UK can often be challenging to understand. As a law firm we are constantly being asked questions regarding rules and regulations and while we are always happy to answer questions, it is an indication that further clarity is needed to that people know where they stand in terms of their status and rights in the UK.

 

It could be said that confusion has hit an all-time high when the Secretary of State makes errors in understanding a key area of immigration of late, the Zambrano carer route. This route has been drawn into the spotlight since the UK left the EU, and the recent case of Akinsanya v Secretary of State for the Home Department plays a key role in clarifying exactly what those with this status are entitled to.

 

What is a Zambrano carer?

 

The premise of a Zambrano carer is quite simple. If a person, be that a child or a dependant adult, is an EU citizen, they have the right to enjoy all the rights associated with EU citizenship. One of these rights is living in an EU territory, meaning that if their primary carer, in a child’s case, is expelled from that territory and the citizen would realistically have to go with them, their rights would be violated. This means that the carer must also be granted residence in the EU state. This is what is known as a Zambrano carer. As the UK was previously a part of the EU, such people need to be protected now that the UK has left the union.

 

Let’s look at recent developments in Akinsanya v Secretary of State for the Home Department

 

This case has been the subject of some controversy in recent months, reaching the point of Administrative Court quashing a decision made by the Secretary of State refusing the Akinsanya’s application under the EU Settlement Scheme (EUSS) as a ‘person with a Zambrano right to reside’ in the UK. Undoubtedly, this is fairly embarrassing for the Secretary of State and has forced some reconsideration of the Zambrano carer scheme.

 

In Akinsanya v Secretary of State for Home Department (SSHD), the claimant is a 39 year old Nigerian woman who has a child who is a British national, of whom the claimant is primary carer.

 

Over the years, Akinsanya had made applications for derivative residency, leave to remain on the basis of the family/private life ten-year route and finally was granted 30 months’ limited leave to remain until 11 January 2022, with no condition preventing recourse to public funds, which she was previously denied as her status was a Zambrano carer.

 

When the EU Settlement Scheme opened, the claimant applied to it in the hopes of attaining indefinite leave to remain on the basis that she was a Zambrano carer with five years’ continuous residence in the UK. This was when the Secretary of State denied her application, arguing that she was not eligible for the EU Settlement Scheme as she had already been granted limited leave to remain on a separate application.

 

When the claimant appealed this, the Administrative Court found that the theory that the existence of a concurrent limited leave to remain in itself automatically extinguished a claim for Zambrano residence was unlawful. It was held that in reality a limited national leave to remain and a wider Zambrano right to remain would co-exist frequently, in many applicants cases.

 

 

Where the confusion lies

 

The issue that plagues this case revolves around misunderstanding the position of the Zambrano carer scheme. The Secretary of State wrongly put forward that once Akinsanya has been granted leave to remain in the UK via alternate routes, that her rights as a Zambrano carer were automatically waived. This notion is based on the incorrect theory that the Zambrano carer status exists in its own vacuum, independent from other domestic rights. In reality, the Zambrano right could always be ignited as a result of other rights being taken away, such as the right to remain in the UK. If the dependant EU citizen would be forced to move with the carer, this would trigger the Zambrano carer right.

 

What comes next?

 

The court held the Secretary of State had misunderstood domestic law. However, it was simultaneously decided that there had not been any breach of EU law. Interestingly the Home Secretary is to rewrite the Immigration Rules with regard to Zambrano carers. Only time will tell if it will be done in a way that will allow a route to settlement under the Scheme for those with existing permission to stay in the UK.

 

Our thoughts

 

The amount of people who would benefit from a generous reconsideration of the Zambrano route is difficult to pin down for certain, but it is surely vast. There is little reason to act harshly to such people, and their rights to remain in the UK deserve to be protected.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

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lisaslaw@web

The UK has a habit of changing certain rules in order to fit their own needs, often bringing in new temporary concessions in order to fill roles that are required at specific points in time. You may remember recently this occurred when Heavy Goods Vehicle drivers were given leave to enter the UK to help sort out the fuel shortages.

 

Well, this appears to be the case again with the new concessions regarding offshore well-boat workers, who are being granted leave to enter for a period of up to 6 months at a time, should they fit the requirements. This blog will detail what the new rules are regarding such workers and what they will be entitled to.

 

What is a well-boat?

 

Just to clarify, a well-boat is a fishing vessel (ship) with a well or tank for the storage and transport of live fish. They are essential to supplying fish to the UK, and can employ a large number of workers per boat.

 

What are the new rules for foreign workers coming to work on well-boats?

 

Under the new concession, foreign national workers employed by an certain companies approved by the Home Office working within UK territorial seas on a well boat owned or operated by such a company may be considered for a grant of leave to enter for a period of up to 6 months at a time. However, leave to enter will not be granted for a period extending beyond 8 February 2023.

 

What do applicants require?

 

A person may only be considered for a grant of leave to enter under this concession if they are 18 years or over on date of entry to the UK and have produced:

 

    • a valid passport
    • a letter from their employer stating that the worker is employed by an approved well boat company (see below) and will be required to work on a well boat within the UK’s territorial seas
    • an employment contract that shows the person seeking entry is paid an annual salary of £25,600 or over, or the equivalent if salary is not paid annually
    • if they are a visa national and cannot produce a relevant seaman’s book (see below), a transit visa (see entry clearance section below)

 

What well-boat companies are approved?

 

The approved well boat companies for the purposes of this concession are listed below:

 

  • Migdale Transport
  • AquaShip
  • Ocean Farm Services
  • Solvtrans
  • Bakkafrost
  • Intership
  • Mowi
  • Froy Grupen (Froya)/DES
  • Rostein
  • Inverlussa Marine Services

 

Does time spent on this visa count towards settlement?

 

No, unfortunately time spent in the UK under this concession will not count towards settlement. Also, a person who is granted leave under this concession may not have recourse to public funds.

 

Our thoughts

 

It is always good to have alternative routes for people to come and work in the UK should they want to. The fishing industry is a massively lucrative one, so this concession will likely be very beneficial to the UK’s economy. It would be nice if the route counted towards settlement in some way, as this could attract more skilled workers to come and join the scheme. People should be rewarded for doing important work such as this. For now though, this is a fine route that we hope many people will get in on to experience work in the UK and develop their careers.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

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Android: https://play.google.com/store/apps/details?id=com.lisaslaw

 

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lisaslaw@web

Written by Mahfuz Ahmed.

 

 

Children applying to be registered as British citizens under the British Nationality Act 1981, need to pay the Home Office a fee of £1012.00 for the registration.

 

The British Nationality Act 1981 permits the Secretary of State to charge a fee for registering a British citizen. The fee has increased substantially over the years.

 

Many young applicants have found this fee to be expensive and unaffordable. This has caused a barrier to a lot of children, or those who have become adults, from obtaining citizenship.

 

A challenge has been bought to the Courts in relation to the lawfulness of charging such fees which are in excess of the actual processing costs incurred by the Secretary of State. In particular, whether by doing so, they had breached their duty under Section 55 of the Citizenship and Immigration Act 2009.

 

The said Act obliges the Secretary of State to have regard to the need to safeguard and promote the welfare of children who are in the UK when discharging their function in relation to Immigration, asylum or nationality.

 

R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department and another case

 

In this case there where two claimants. O was a child who did not apply for citizenship as his mother could not afford the fees. The second claimant was a charitable organisation.

 

An application for Judicial Review was made on the basis that the Secretary of State by setting the fee at £1012, when the estimated true processing cost was £372, they had breached their duty under Section 55 of the Citizenship and Immigration Act 2009.

 

The Administrative Court sided with the Claimants and held that the Secretary of state had breached their duty under the Act. They appealed the decision and the matter was considered by the Court of Appeal.

 

The Court of Appeal allowed the Secretary of State’s appeal and the Claimant’s appealed to the Supreme Court.

 

The Supreme Court when considering the case had to ‘seek the meaning of the words which Parliament used’ in the British Nationality Act 1981 and in the Immigration Act 2014.

 

The Immigration Act 2014 authorises the Secretary of State to set the fees, however the Act does not impose any criterion of affordability. Instead, it expressly empowered the Secretary of State to set fees at levels which:

 

  • took account of benefits likely to accrue from citizenship and;
  • could subsidise the cost of the exercise of other functions in connection with immigration or nationality, thereby moving part at least of the financial burden of such functions from the UK taxpayer to the applicants.

 

The Supreme Court concluded that the Secretary of State where acting lawfully in charging fees for citizenship applications. They  stated that that ‘The appropriateness of imposing the fee on children who applied for British citizenship under BNA 1981 s 1(4) was a question of policy which was for political determination. It was not a matter for judges for whom the question was the much narrower one of whether Parliament had authorised the Secretary of State to set the impugned fee at the level which it had been set’.

 

Accordingly, the Claimant’s appeal was dismissed.

 

Our Comments

 

It appears that for the foreseeable future, the Secretary of State will continue to ignore affordability in relation to fees that children are charged for their application for citizenship.

 

When considering that the true cost of processing such applications amount to £372, we hope that the Secretary of State review their policy on their own accord so that children are not prevented from becoming British Citizens due to affordability.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

 

 

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lisaslaw@web

The reality of purchasing property is plenty of hard-work, time, energy and money. There is a lot at stake, and many hurdles to overcome. There are various avenues that can lead one to being a homeowner, and some people choose alternative routes to others. One such alternative route is to buy a property ‘off-plan’. Like any choice we make in life, there are pros and cons to do so.

 

In this blog we will look at a case in which buying a property ‘off-plan’ was not successful for a group of people, who resulted to legal action against the stakeholder in their plans. We are able to learn some lessons from their misfortune.

 

What does buying ‘off-plan’ mean?

 

Buying off-plan is where someone purchases a home before the developer has finished building it. In some cases the buyer may make a financial commitment to the property even before any kind of construction has begun.

 

This may sound completely wild, but it is more common than you might think and does have its benefits. For example, the property will obviously be brand new, the property’s value may increase by the time the buyer moves in, there can be discounts to take advantage of and the property will come with an advantageous new-build warranty.

 

Although, of course there are risks. There is no guarantee that the final product will be to the buyers liking, the developer could possibly sue you if the purchase cannot be completed, and most mortgage lenders will not offer mortgages on off-plan properties.

 

There are many steps you should take in terms of legal security before proceeding with an off-plan property purchase. We will go into these later, but first let’s take a look into a recent case where it all went wrong for the buyers.

 

Various North Point Pall Mall Purchasers v 174 Law Solicitors Ltd

 

This case can act as a cautionary tale for anyone who is thinking about buying off-plan property. It is not to say we are against off-plan property, but this case magnifies the importance of correct arrangements when doing so.

 

The claimants in this case are 8 people who arranged with a developer to purchase 6 units within an off-plan development. The claimants paid hefty deposits to the developer’s solicitor who held the deposits as stakeholder to the order of a buyer company, which had been established to protect the buyers’ interests. These deposits were to be used to aid the development of the properties.

 

To protect the buyer’s deposits, it was agreed that a first legal charge would be entered against the land under the name of the buyer company.

 

The deal also contained a pre-agreement whereby the developer’s solicitor could not release the buyer’s deposits without the express authority of the buyer company.

 

Unbeknownst to the buyers, although a ‘legal charge’ in favour of the buyer company was registered, it was ranked as a second legal charge. In other words, it was subject to someone else’s charge. Attempting to rectify this defect, the buyer company and the buyers’ solicitors claimed to have done some walk-around work. Eventually, the buyer company agreed to permit the release of the buyers’ deposits.

 

The development site, eventually, was sold without the units being finished, meaning the buyers lost their deposits. The claimants brought claims against the developer’s solicitor, alleging that they had released their deposits to the developer in breach of the stakeholder contract, since no first legal charge was ever registered in favour of the buyer company.

 

 

The judgement

 

The appellant’s claims were dismissed. It was ruled that the developer’s solicitor was not to be held accountable for the release of the buyer’s funds, as it had the buyer company’s express authority to do it and that it was under no obligations to procure the first legal charge being registered. In fact, it was the buyers own solicitors who had authority to determine whether sufficient evidence of a first legal charge in favour of the buyer company had been produced. It was only then that the deposits could be released.

 

Our thoughts on the case

 

As you can see, all the buyers lost their deposits completely. In such circumstances, buyers should always be warned clearly in writing about any progress made within off-plan developments, or legal steps that are taken within any deal. What is more, this case also demonstrates how dangerous it can be for buyers’ solicitors as well, for failing to advise their clients properly. There is no doubt that such a failure will leave a mark on any solicitor’s reputation.

 

What should you bear in mind when buying property off plan?

 

Here are some tips that will be helpful to think about when buying property off-plan:

 

  • Check the developer’s reputation. Do research into previous projects, check their customer reviews and see what third parties have been saying about them

 

  • Check the planning consent with a solicitor.

 

  • It is worth negotiating. Housebuilders may be more willing to come down in price when you are buying off-plan. This may come in the shape of them covering your stamp duty or reducing the eventual purchase price.

 

  • Ensure you are protected. Devise a contract with your solicitor to make sure your money is safeguarded, and double check the developer has insurance in case they run out of money or are unable to complete the project.

 

  • Ask for an estimation on when the property will be finished. This way, it is easier to keep expectations reasonable.

 

  • Avoid paying disproportionately high level of deposit. The higher it is, the riskier the transaction can be, as buyers will inevitably suffer losses if the development goes wrong (it can happen in numerous ways!).

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

 

 

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lisaslaw@web

Written by Mahfuz Ahmed.

 

 

Asylum seekers can come to the United Kingdom, and their cultural, traditional and religious ideals and principles may have changed after spending a duration of time in the UK or in Europe.

 

Those asylum seekers may believe that they have been ‘westernised’ and therefore this may cause danger for those asylum seekers to return to their home country, where the social, cultural, economic and political ideas may be significantly different.

 

The definition of Westernised is given as the ‘The spread of cultural *values associated with Western Europe and their impact on other cultures’ (Oxford reference). This broad definition generally makes it difficult for an asylum seeker to succeed on such a basis without a clearer definition.

 

However, in a recent case the Upper Tribunal granted an Iraqi family asylum due to them becoming ‘westernised’ here in the UK.

 

YMKA and Ors (‘westernisation’) Iraq [2022] UKUT 16 (IAC)

 

This new reported case relates to a family, consisting of mother, father, and 3 children all from Iraq. They all left their home, Baghdad in 2006, and after spending a number of years in Jordan and UAE, they came to the UK. The whole family were residing in the UK by 2014.

 

The Appellants’ claimed asylum on the basis that they were all ‘westernised’ individuals who hold views opposing to those prevailing in Iraqi society, and due to this, they would face a real risk of serious harm and/or these views would present very significant obstacles to their integration upon return to Iraq.

 

The Appellants’ appeal was initially dismissed by the First-tier tribunal, and following a successful application for permission to appeal to the Upper Tribunal, they Upper Tribunal set aside the First-tier Tribunal’s decision and the case was reheard.

 

The Tribunal’s findings

 

The Tribunal considered whether being ‘westernised’ is a protected right under the Refugee Convention. The term ‘westernised’ has featured in a number of country guidance cases but the term ‘Westernised individuals’ has not been explained. The Tribunal stated that it was striking that a term that is used so frequently in our society has never been more closely defined.

 

The Tribunal held that the Refugee Convention does not offer protection to enjoy a socially liberal lifestyle however the convention may be engaged where:

 

(a)    a ‘westernised’ lifestyle reflects a protected characteristic such as political opinion or religious belief; or

 

(b)    where there is a real risk that the individual concerned would be unable to mask his westernisation, and where actors of persecution would therefore impute such protected characteristics to him.

 

The Appellants showed that their westernised lifestyle reflects their political opinions and religious beliefs which could not be replicated in Iraq, and if done so, would place them in danger.

 

Accordingly, there appeals were granted.

 

Our comments

 

This is a much welcomed decision from the Upper Tribunal. The Appellants’ case reminds all of us that those social freedoms, which many of us take for granted, are particularly valued by those who face the prospect of having those freedoms taken away.

 

Should you have claimed asylum as you fear return to your home country, then we can certainly help in ensuring that you case is represented in the best possible way.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw 

 

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lisaslaw@web

There are many routes into the UK and these routes can allow applicants to remain in the country for various amounts of time. Where the applicant only plans to stay in the UK temporarily, they usually have to go through slightly different processes to those who are looking for a more permanent settlement.

 

The Government Authorised Exchange route (GAE) is for people looking to come to the UK for a temporary period for work experience, job shadowing or training, to take part in an Overseas Government Language Programme, or undertake research or a fellowship through an approved exchange scheme. GAE workers can stay in the UK for a maximum of 12 months or two years, depending on the scheme under which they are sponsored.

 

This blog will explore the requirements for sponsors to successfully welcome applicants under the GAE route, as well as giving general information about this route.

 

What was the GAE route previously known as?

 

This route was known as the ‘T5 (Temporary Worker) Government Authorised Exchange Worker’ route before 11 October 2021.

 

What is offered within the GAE route?

 

As we highlighted above, the GAE route is a temporary route into the UK for those who want to share knowledge, train or undertake research. This route is usually relevant where the applicant will be involved in any of the following:

 

  • Work Experience Programmes: These schemes offer work experience, including volunteering, job- shadowing and internships. Work exchange programmes between the UK and other countries are also included in this scheme. The aim is for participants to gain experience of work in the UK.

 

  • Research Programmes: These schemes allow participants to undertake research programmes and fellowships on a scientific, academic, medical, or government research project at a UK Higher Education Provider or another research institution operating under the approval of a relevant government department. The relevant government department may also offer financial sponsorship for the institution.

 

  • Overseas Government Language Programmes: These schemes are professional language training programmes that are wholly or partly funded by an overseas government, or by an organisation affiliated to an overseas government.

 

  • Training Programmes: These are approved schemes that offer participants either formal, practical training in the fields of science and/or medicine, or training delivered by HM Armed Forces or UK emergency services.

 

It is important to note that this route is not a route to settlement in the UK. GAE workers can stay in the UK for a maximum of 12 months if coming for the Work Experience Programmes, or 2 years in all other cases.

 

However, GAE Workers are entitled to bring their family members (dependent partner and dependent children) to the UK, if they meet the relevant immigration requirements for dependants.

 

If the applicant is applying for entry clearance from outside the UK, or has been in the UK for less than one year at the date of application, they must show they have enough funds to support themselves and any family members in the UK.

 

Parental consent requirement

 

There is no minimum age requirement for this route but if the worker looking for sponsorship is aged under 18 on the date of application, they must have written consent from:

 

  • both of their parents

 

  • one of their parents, if that parent has sole legal responsibility for the applicant

 

  • their legal guardian

 

The written consent must confirm support for:

 

  • the application for entry clearance or permission to enter or stay

 

  • the applicant’s living and care arrangements in the UK

 

  • if the application is for entry clearance, the applicant’s travel to, and reception arrangements in, the UK

 

Who needs to be sponsored on the GAE route?

 

Sponsoring parties will need to sponsor any overseas national they wish to employ if they are not a ‘settled worker’ or do not otherwise have immigration permission to work in the UK. This includes most EU, EEA and Swiss nationals who arrived in the UK after 31 December 2020.

 

If an employer wishes to sponsor a GAE worker, they must hold a valid Temporary Worker sponsor licence for the GAE route. If they do not already hold such a licence, they must apply for one by completing the online application form, paying the £244 GAE application fee, and submitting the supporting evidence specified within the forms.

 

People in the following categories do not need to be sponsored in this route:

 

  • Irish citizens (with very limited exceptions)

 

  • EU, EEA and Swiss citizens (and their eligible family members) who have been granted status under the EU Settlement Scheme

 

  • people with indefinite leave to enter or remain in the UK (also known as ‘settlement’)

 

 

What are the sponsorship requirements for the GAE route?

 

If you wish to sponsor a GAE worker, you must:

 

  • hold a valid Temporary Worker sponsor licence for the GAE route
  • understand the general requirements for sponsoring workers (we can assist you with this if you need advice)
  • satisfy yourself any worker you sponsor on this route can meet the immigration requirements
  • assign a valid Certificate of Sponsorship (CoS) to the worker pay any relevant CoS fee
  • have eligible ‘key personnel’ in place to manage your licence and assign CoS – see Part 1: Apply for a licence for guidance on key personnel
  • keep records for each worker you sponsor
  • understand and comply with all of your sponsor duties

 

More specific requirements for a GAE licence:

 

The GAE route is for individuals coming to the UK through approved schemes. The underlying principles of these schemes are that they:

 

  • must be endorsed by a government department; and

 

  • will be administered by an overarching sponsor and not an individual employer

 

To stop potential abuse of this route and the creation of small, isolated schemes, individual employers and organisations are not allowed to sponsor workers on this route, even if they are licensed as a sponsor on other routes. The only exceptions to this are where the sponsors are:

 

  • a Higher Education Institution (HEI), UK Research and Innovation (UKRI), or an organisation endorsed by UKRI in their Science, Research and Academia programme, and are recruiting a:
    • sponsored researcher
    • visiting academic who will give lectures, act as an examiner or work on a supernumerary research collaboration

 

  • a government department or one of its executive agencies

 

Apart from the above exceptions, the sponsor for a GAE scheme must be an overarching body which administers the exchange scheme and acts as the licensed sponsor for any workers.

 

‘Switching’

 

Individuals in the UK on another immigration route are not generally permitted to ‘switch’ (change route) to the GAE route from within the UK. If you wish to sponsor a worker on the GAE route but they are in the UK on another immigration route, they must normally leave the UK and apply for entry clearance.

 

The only exception to this is where the individual was last granted permission as a Student (formerly Tier 4), they have completed a recognised bachelor’s or postgraduate degree and are being sponsored to undertake either:

 

  • a period of postgraduate professional training or work experience necessary to obtain a professional qualification or professional registration in the same professional field as that qualification

 

  • an internship for up to 12 months which directly relates to the qualification

 

This is true provided, in both cases, they will not be filling a permanent vacancy and their employer does not intend to employ the worker in the UK once the training or work experience has ended.

 

Our thoughts

 

We feel that the GAE route is a positive route for many people who want to come to the UK to work or train, while also getting a feel for the country. It allows applicants to commit slightly less in terms of time, and can act as a great gateway into the UK on a more permanent basis. We understand that there is quite a lot of information to wade through when it comes to this route, and we are more than happy to answer any questions that you may have if you would like to reach out to us.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw 

 

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lisaslaw@web

We have said it before, and we will likely say it again: purchasing a property is one of the most financially demanding ventures that you can undertake. However, it does not only require money and time but also trust, and that trust must flow in all directions within the proceedings in order to make the purchase go smoothly. A hugely important part of buying a property is arranging a mortgage from a mortgage lender, such as a bank. In order to agree to lend you the money for the property, the bank will need to trust you, and this trust can be gained by working with a reputable conveyancing solicitor.

This article will explain the meaning and importance of lenders panels and offer details on the panels Lisa’s Law is already on.

 

What is a lenders panel?

Quite simply, a lenders panel is a list of solicitors a mortgage lender is happy to work with. The firms on their list are firms in which they trust, and have assessed to be reputable and reliable. Firms they do not trust will not make the panel.

 

Why do lenders need their own solicitors?

Mortgage lenders are another piece of the puzzle when it comes to purchasing a property, and their needs and security matter just as much as the individual buyer.

They require their own solicitors to make sure that the property is investigated properly, and is worth the loan that they will be providing. Solicitors can also help lenders to make sure that their mortgage is registered against the property at the end of the purchase and to avoid fraud. If lenders simply paid the loan to buyers there is a risk that the buyers could disappear with the loan without the lender’s mortgage being registered. For this reason, lenders never pay loans directly to buyers.

It is worth remembering that lenders legal fees will often be covered by the buyers.

 

What types of things do solicitors help lenders with?

Solicitors have a range of duties when it comes to advising lenders. For instance, they must report to the lenders’ any change of circumstances. This could be like a buyer’s income dropping during the purchase, divulging information that the buyers are borrowing from friends or family members as well, but lenders do not know about it and therefore may be lending too much. Solicitors can also let lenders know if the property’s prices drops, in which case, the buyers may be borrowing more that they require.

 

What happens if a buyer is using a firm which is not on the lenders panel?

This is not to be advised as it essentially means that there will be three solicitors required: one for the seller, one for the buyer and a third one for the lender. This means that the process can take much longer and the buyer will have to pay two solicitor’s fees.

 

What lender panels is Lisa’s Law a member of?

We are pleased to say that we are on all major lenders panels, as we have proven to be a reputable and reliable firm, not only when it comes to conveyancing, but in all of our practice areas. So if you are with HSBC, Lloyds, Santander, Halifax or any other major branch, we are on their trusted list. Not only these larger corporations, but we are also on the panels list of many smaller banks as well.

Find the full list here (updated 11th April 2025).

If you cannot see your chosen lender on here, simply let us know and we will see if we can help. Due to us being on many major lenders panels, it is very simple for us to be added to more.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

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iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw 

 

 

 

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There are various reasons that a tenant or a group of tenants may want to pursue a rent repayment order (RRO). One of the more common complaints leading to an RRO is where a landlord is renting out an unlicensed House in Multiple Occupation (HMO), but claims can also be made for the following offences:

 

  • Breaches of improvement orders and prohibition notices and of licensing requirements under the Housing Act 2004.

 

  • Violent entry under the Criminal Law Act 1977.

 

  • Unlawful eviction under the Protection from Eviction Act 1977.

 

  • Breach of Banning Orders.

 

The central target of an RRO is usually the direct landlord of the disgruntled tenants, as they are the ones who have taken the money from them which they wish to claim back. This blog will look into a case in which the appellants pursued an RRO from a director of a commercial landlord company, who himself was not the actual landlord but rather a figurehead of the wider firm. Looking into this interesting case helps us delve further into the nature of HMO’s and learn a valuable lesson on how to increase the chance of such orders being successful.

 

Let’s look at the case: Kaszowska & Ors v White

 

A group of ten appellants previously lived in Croydon, in a building that used to be a children’s home. They occupied this building under agreements with Camelot Guardian Management Ltd. Camelot had agreed to provide property guardianship services to the owner of the building, the local authority (LBC), whereby an agreement had been reached regarding tenancy of the building.

 

While the ten appellants lived in this property, it was technically a HMO, yet it did not have the required HMO license. Camelot was informed by LBC that no such license was required.

 

Camelot went into voluntary liquidation in 2019, with its same directors opening a new landlord business called Watchtower. It was not until June 2020 that the appellants pursued a RRO against Mr White, a previous director of Camelot, for reasons of running a HMO with no license.

 

They felt that their case should be fought on two fronts. The first being that whether an offence had been committed by the company Camelot; and secondly, if this was confirmed, it should be considered whether that offence had been committed with the consent of a director, or as a result of the directors negligent behaviour.

 

Their RRO was not issued, as the First Tier Tribunal clarified that Mr White was not actually the direct landlord, and so cannot pay an RRO, which meant that it had no jurisdiction onver this issue. Furthermore, the fact that Camelot was given incorrect information by LBC regarding the need for a HMO license also left the landlord group in a favourable position, despite the tribunal agreeing with the appellants that a valid HMO licence should have been in place initially.

 

The case was appealed and taken to the Upper Tribunal, where the following decisions were made:

 

In its judgment, the Upper Tribunal referred to the case Rakusen v Jepson. In this case it was decided that an RRO could only be made against the immediate landlord of the tenant who had made the application and to whom the rent was paid directly, and therefore it could aptly be applied to Kaszowska & Ors v White.

 

With this decision in mind, and looking at the facts of the current case, the UT decided that:

 

1) RROs could only be made against the immediate landlord, not a director of a commercial landlord firm (if that director did not themselves take the rental payments). This is in line with Section 40(2) of the Housing and Planning Act 2016.

 

2) Repayment by someone who was not the landlord who had actually received the rent from the appellants could not reasonably be contemplated.

 

Subsequently, the Appellant tenants’ application for an RRO against the Respondent director was dismissed.

 

Our thoughts

 

This case demonstrates that in a situation such as this, the most likely way an appellant can claim money back will be to sue the company as opposed to going after one specific director. If the company is struck off, it would be appropriate to apply for it to be re-instated and then sue it. If the company is in financial difficulty, an alternative route would be to apply for it to be liquidated. A director’s conduct will then be under the liquidator’s scrutiny in such circumstances.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw 

 

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lisaslaw@web

This is one that all employers should be aware of if they do not want to incur a heavy fine for hiring an unauthorized migrant. Right to work checks should apply to all candidates, even British citizens to avoid claims of discrimination, and while they are not mandatory they are extremely useful and can save employers a lot of potential trouble.

 

What are the current ways to check out a candidates worker rights?

 

  1. The first option is online right to work checks. This is where the employer looks the person up on the Home Office immigration database, available
  2. Secondly, there is manual right to work checks, where the employer inspects physical ID documents, such as passports or other means of identification.
  3. The third option is virtual right to work checks, which were first brought in during the pandemic. This involves a scan or photo of the ID instead of the physical document.

 

What is changing on 6 April 2022?

 

There will be no more manually checking of documentation for right to work checks. Instead, employers will have to carry out a check for individuals holding a Biometric Residence Card, Biometric Residence Permit or Frontier Worker Permit via the Home Office’s online right to work check service. Online will replace manual checks.

 

To do this, the employer must have the candidate’s date of birth and a valid right to work share code that will be generated by accessing the online system for individuals. This code will work for 30 days.

 

Retrospective checks will not be necessary for employees where a manual check was completed on or before 5 April 2022.

 

Also, there will be no more temporary/virtual right to work checks, as this was created specifically for catering to the pandemic. Such checks will end on 5th April 2022.

 

British and Irish citizens

 

For British and Irish passport holders, there will be a new system of digital checks that will be introduced. The reason behind this is that the current Home Office online checking service is only for a standard work or residence permit holder, so the new system is an alternative to manual checks for a British or Irish potential employee.

 

It should be noted that this new system (Identity Document Validation Technology) will likely be a charged service. In this case, checks for British and Irish passport holders should continue as two ways – either manual checks or IDVT for commencing virtual checks.

 

In conclusion, from 6 April 2022 right to work checks on most migrants will be online and will be cost free, and for British and Irish citizens it will likely be manual (and free) or digital (with a potential cost).

 

What do we think?

 

The change makes sense, especially as more and more people are working from home and going to the office less. If the systems work reliably then it should streamline the process for both employer and employee. However, as the Home Office intends to charge for IDVT from £1.45 to £70 per check, it is still unsure if this new digital validation system will really be welcomed by employers as a remote alternative.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

 

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lisaslaw@web

Written by Katherine Chan.

 

 

The recent case of R (on the application of Afzal) v Secretary of State for the Home Department [2021] All ER (D) 82 (Dec) sheds light on the contentious issue of continuous lawful residence under paragraph 276 of the Immigration Rules. The Court held in this case that although the appellant’s 14 days of overstaying did not break the period of lawful residence, that period could not count towards the calculation of the requisite ten years continuous lawful residence.

 

Facts of the case

 

The appellant, a national of Pakistan, had entered the United Kingdom as a student and was granted entry clearance. Subsequently he was granted subsequent leave to remain. However, before his leave had expired, he applied for an extension of leave, being the first application. His application was rejected for not paying the Immigration Health Surcharge (IHS) fees. Then the appellant made a second application for further leave, this time with the IHS fee. The application was successful and he was granted leave to remain.

 

After completing ten years of continuous lawful residence pursuant to s 276B of the Immigration Rules 2014, the appellant applied for indefinite leave to remain (ILR).The respondent Secretary of State refused the application for ILR as there was a period when the appellant had not been lawfully resident in the country. The appellant challenged that decision by judicial review, which was refused. The appellant appealed.

 

Issues for consideration

 

The Court considers three issues in this case: firstly, whether the period during which the leave application fee had not been paid extended the time pending the result of a fresh application for leave, provided that application was made prior to the previous period of leaving coming to an end; secondly, whether the period of overstaying had broken the period of lawful residence, and thirdly, whether this residence counted towards the ten year requirement of continuous lawful residence.

 

Judgment of the Court of Appeal

 

In relation to the first issue, the Court held that if the opportunity to pay IHS fees within the specified period was not taken, the application remained invalid and did not become invalid at that point in time. Since the duty to pay forms a part of the application, it was not possible to say that there was a valid application that was only later invalidated by the failure to pay the fee. Therefore, the Appellant’s leave was only extended to the moment when he was notified of the rejection of his application, not a single day more afterwards.

 

When it comes to the second issue, the period of overstaying had to be disregarded when calculating whether there was the ten year requisite period of continuous lawful residence. The result was that the period of overstaying had not broken the continuity and had not required the period of lawful residence to be started again.

 

In relation to the third issue, the Court held that the period of overstaying could not be treated as lawful. Therefore, there was a gap between the two applications which, whilst not breaking the period of lawful residence, could not be counted towards the calculation of the requisite ten years’ continuous lawful residence. It could not be said that the appellant had achieved ten years lawful residence by the date of the Secretary of State’s refusal.

 

Accordingly, even though the court granted the appellant leave to challenge the decision by judicial review, the application was dismissed on the ground that the appellant had not completed ten years’ continuous lawful residence by the date of the decision.

 

Our thoughts

 

Taking the facts of this case into consideration, it is clear that the appellant would have been better off, should he have waited for longer before submitting the relevant application so that he will be more likely to fulfil the requirement of lawful residence. The case also serves as a cautionary tale for appellants for indefinite leave to remain, obvious and trivial as it may seem, how important it is to pay application fees in full and in time! For a successful application it is not enough to provide sufficient evidence, but adhere to the requirement of the Home Office.

 

Lastly, should you have any queries about breaking continuous residence in your leave application, do not hesitate to get in touch with us.

 

Have questions? Get in touch today!

 

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

 

Email us on info@lisaslaw.co.uk.

 

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

 

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

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw 

 

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lisaslaw@web

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