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Denial of homeworking or furlough request from employees due to fears of COVID-19 may not itself amount to unfair dismissal

Coronavirus has been a huge part of our lives for almost one and a half years now and the effects of it have reached far and wide. It has taken many lives, ravaged the economy, put thousands out of work and made people homeless. The nature of the virus makes it unpredictable, as new variants keep rearing their villainous heads – such as the new Delta variant which is said to be more transmissible than those that came before it. We get peaks of hope and troughs of despair, as cases go down only to rise again when lockdowns are ended. It is emotionally and physically draining, striking fear into the hearts of many, with the vaccine being the only real route out, so far as we can see.

 

Turning our minds to a more specific matter related to coronavirus, we are looking into a legal issue related to employment and business within the pandemic. The issue revolves around an employee’s potential fear of the pandemic leading to rights for them to be furloughed or given permission to work from home, and how employers can respond to such a claim.

 

 

Can an employee demand to work at home or be put on furlough? If the request is denied, can the employee refuse to work?

 

The furlough scheme, otherwise known as the Job Retention Scheme, has proved a massive asset in keeping people’s heads above water during the pandemic, allowing them to receive 80% of their wages if their employer is willing to sign them up to the scheme. This is still in place and many people are furloughed until September 2021, with even this date susceptible to being pushed back. Similarly, the ability to work from home has been essential in keeping cases down, with the Prime Minister Boris Johnson actively pushing employers to allow workers to work from home if they possibly can.

 

For the majority of people, at least one of these options has been feasible. However, with the furlough scheme it comes down to whether or not the employer chooses to put an employee forward for the scheme, and with working from home the employee must be able to carry out their duties from home. This will not be the case for everyone, particularly key workers. Therefore, if an employee is denied both of these options but still refuses to work, there are likely to be consequences. To explore this issue more we turn to a case that has its roots early in the pandemic, March 2020.

 

A case study: Accattatis v Fortuna Group (London) Ltd

 

Mr Accattatis was employed by Fortuna Group, a company which produces personal protective equipment (PPE), of which we have all become familiar with during the pandemic. He started working for this company in a sales and project co-ordinator role on 8 May 2018.

 

Due to the unprecedented huge demand for PPE because of COVID-19, employees of Fortuna Group were considered key workers and the firm remained open over the course of the first lockdown. However, a series of emails from management related to COVID-19 safety regulations were sent out, such as staff sitting alone in the canteen to maintain social distancing and using the provided hand sanitizer.

 

On 30 March 2020, Mr Accattatis developed coronavirus symptoms and self-isolated. He initially informed his employer that he would be back to work on 6 April, however after still feeling unwell he obtained two self-isolation notes to explain his extended absence from the workplace.

 

The main issue arose when, still not having returned to work, he wrote to his manager and asked to be furloughed, claiming that it would be good for all parties. This was a matter on which Mr Accattatis and his employer did not see eye to eye.

 

 

By this point, Mr Accattatis has only been receiving Statutory Sick Pay (SSP). He argued that the government announced that people should work from home if possible and that he did not feel safe travelling into work. He gave the employer two options, allow him to work from home (which given his role was impossible), or put him on furlough.

 

After one last email to his line manager requesting to be put on furlough after claiming the HMRC Job Retention Scheme helpline confirmed that the grant was available for employees that are in self-isolation, he received a reply informing him that his contract with the company had been terminated. The email specified that the termination was due to his breach of company policies and guidelines over a period of months.

 

Looking through a legal lens

 

In terms of the law, Mr Accattatis, in his own opinion, was acting in line with Section 44 and 100 of the Employment Rights Act, whereby workers are protected from being penalised for exercising their right to leave their workplace. Such penalisations could be having their wages reduced, being suspended or being dismissed.  To be protected under such rights, the worker must have a ‘reasonable belief’ that their workplace poses a serious and imminent threat to them, their family, or members of the public. With this at the front of his mind he took his dismissal up with the Employment Tribunal.

 

The Judgement of the Tribunal

 

One point of interest taken by the tribunal was the speed at which the decision was taken to dismiss Mr Accattatis, and that how his dismissal came very close to when he would have qualified to bring a claim forward for ordinary unfair dismissal (after two years of service). Due to the problems Mr Accattatis was causing, it seemed likely to the tribunal that his employer wanted to remove him before he reached his second working anniversary with them. However, Mr Accattatis main point of contention was that his dismissal was unfair in terms of Section 100 of the Employment Rights Act.

 

While the tribunal was somewhat sympathetic to Mr Accattatis, in that they saw how he could have perceived himself to be in a dangerous position at work. However, they ultimately decided that he had not taken appropriate steps to protect himself from this danger. His appeals to be furloughed or to be allowed to work from home were not applicable to him, therefore he could not rely on them to solve his issue.

 

Furthermore, Mr Accattatis was dismissed due to a myriad of reasons, not just refusing to come to work during the pandemic. He had also caused problems by complaining about his wages, working hours and difficulty of his job.

 

This, paired with his fixation on being put on furlough or being granted permission to work from home led to his employer firing him before he qualified for protection against regular unfair dismissal.

 

 

Our thoughts

 

Firstly, we will say that the pandemic has been tough for everyone, with some being affected more than others. We are all built differently, with different anxieties, health concerns and cognitions.

 

However, it is also equally important that businesses and economy (and life) need to move on. This requires both the employers and employees to work together as a team to walk out the current crisis successfully hand in hand.

 

Employers should take every reasonable steps to protect their employees. This includes considering actively whether homeworking and furlough are available to employees so to reduce unnecessary risks. If homeworking or furlough is not feasible, the employers should consider how to make their workplace as safe as possible. This involves maintaining social distance, requesting wearing of masks and provision of hand sanitisers.

 

On the other hand, the employees should also do their part of work. Under employment contract, employees are required to carry out their duty whenever possible. Provided that employers have taken reasonable steps to make the workplace safe, it will be wrong for employees to insist that they will not work because of their self-conceived fear. Even if they do fear more than others, they should have taken extra steps to protect themselves. There is no evidence to prove that the virus has become so deadly that no work can be safely carried out. Should that be the case, the government’s guidance would have stated so.

 

Covid-19 is dangerous; however, it may not be a trumpet card for employees to refuse to work in all circumstances.

 

Have questions? We are here for you!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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/

 

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Splitting up the family? The importance of Retained Rights of Residency for family members of EU citizens.

With the deadline to get onto the EU Settlement Scheme rapidly approaching, people all over the UK who have come to know this country as their home will be feeling tense and confused about where they will stand come the 30th of June. While the Home Office often sugar-coats the immigration system as straight forward and easy to navigate, this is often not the case in reality. One such area of complication is the rules regarding retained rights of residency, particularly when it comes to family members of EU/EEA citizens who have lost their sponsor due to circumstances out of their control.

 

For example, what happens to the parents of a non-EEA national who have come to join their child in the UK who has married an EEA national, only for that marriage to dissolve? That marriage was an essential part of their right to be in the UK, as far as the guidance lays out. The marriage was the glue that binds them to the UK, so when that glue is melted away, where are the parents left? Or if a son or daughter of EEA nationals is left by their parents, on whom they relied on for their status? The answer lies in the notion of retained rights of residency, which is what this article will explore.

 

 

What are retained rights of residency?

 

A retained right of residency is when a person who previously had the right to remain in the UK is permitted to continue to legally reside in the country even when their circumstances change, for example through bereavement or divorce. Each case will be measured on its own facts, and being successful in achieving a retained right of residency will depend on the applicants specific situation.

 

With a retained right of residence, people are free to apply to the EU Settlement Scheme by the 30th of June, whereby if they are successful they can legally remain in the UK. One difference would be that those applying under the retained rights of residency cannot then go on to sponsor another person looking to come to the UK, they would be cementing only their own right to remain.

 

This sounds too harsh to many people and unreasonable. By the law of natural justice, a person should not be penalised through something which is no fault of his/her. As stated above, people who have retained their right of residency have done nothing wrong. In some cases, they are even victims of crime, like domestic violence. Should their circumstances have not changed, say, their marriage continues, they would have been able to sponsor other family members or relatives (like parents, children or stepchildren or even cousins or nephews) to the UK. It will not be fair if they are stopped from being doing so now.

 

So, who is eligible for retained rights of residency?

 

There are many ways in which someone could be eligible for retained right of residency. For example, if your eligible family member passes away, you get divorced or a member of your family gets a divorce, or a relationship has broken down due to domestic abuse or violence.

 

In general, where an eligible family members passes away, their dependents would retain a right of residency if they had lived continuously in the UK as their family member for at least one year immediately before their death.

 

Or, thinking along different lines, let’s say a child of an EEA national is left by their parents in the UK. If that child is enrolled in an educational course in the UK immediately before the relevant EEA citizen (or, as the case may be, the qualifying British citizen or the relevant sponsor) left the UK, died or ceased to be a relevant EEA citizen), and continues to attend such a course, the child will be able to apply on the basis of retained rights of residency.

 

In terms of a divorce or relationship breakdown, those who were in the relationship and their family members can apply to the EU Settlement Scheme so long as one of the following applies:

 

  • the marriage or civil partnership lasted for at least 3 years and the couple had both been living in the UK for at least one year during that time

 

  • you have custody of the EU, EEA or Swiss citizen’s child

 

  • you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child and the child is under 18

 

  • you or another family member was the victim of domestic violence or abuse in the marriage or civil partnership

 

 

You can also apply if a family member had an eligible marriage or civil partnership and you lived in the UK when it ended. You must be their:

 

  • child or grandchild under 21 years old

 

  • dependent child or grandchild over the age of 21

 

  • dependent parent or grandparent

 

You can apply if your family relationship with an EU, EEA or Swiss citizen has broken down permanently because of domestic abuse or violence.

 

You can apply if you are or were there:

 

  • spouse or civil partner

 

  • unmarried partner

 

  • child or grandchild under 21 years old

 

  • dependent child or grandchild over the age of 21

 

  • dependent parent or grandparent

 

Of course, these are general circumstances that we feel will affect many people in a broad sense, but there will be many more types of circumstances where retained rights of residency could come into play. Each case will be judged on its own merits, and it should not be taken for granted that if your situation is similar to those listed above that you will automatically be successful in your application.

 

 

EU Settlement Scheme Maze:

 

Although the Home Office launched its EU settlement scheme more than two years ago, due to its complexity, many people are still struggling to get grips with its requirement and application procedure. We would like to summarise it here very briefly for those who are entitled to retained right of residence.

 

To be clear, if the family members have not already applied to the EU Settlement Scheme, they must apply based on retained rights of residence before 30 June 2021.

 

If the family members have already applied to the EU Settlement Scheme for pre-settled status as the family members of a relevant EEA national, but during the 5-year pre-settlement, the marriage of the EEA national breaks down or the EEA national dies, the family members does not need to apply for pre-settled status again if they have retained right of residence. They simply need to prove their retained right of residency after the relationship broke down when they apply for settled status.

 

If the family members already has settled status, their relationship with the EEA national will not affect their settled status.

 

 

Have questions? We are here for you!

 

We understand that the EU Settlement Scheme can seem daunting, but you do not have to face it alone. We are here to help you every step of the way. If you are not quite sure of your rights or how to apply for your status, please do not hesitate to contact us.

 

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/

 

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Coronavirus and UK Immigration: What story do the statistics tell?

On the 27th of May the Home Office released their most up to date quarterly immigration statistics for the year ending 21st of March 2021. These stats include data in which we can see how many people came to the UK during this time period, how many extended their stay, the number of people who gained citizenship, applied for asylum, were removed from the UK and everything in-between.

 

The statistics this time were often reflective of the world we found ourselves living in over the course of 2020 and part of 2021, one heavily affected by a global pandemic that is still on-going. This means, in most cases, all numbers related to immigration decreased in comparison to years previous. But what can we learn if we look into the details of the report, and is there anything that stands out as we look at these numbers? This is what todays article will focus on.

 

How many people came to the UK (March 2020 – March 2021)?

 

Unsurprisingly, this number took the heftiest decrease of all, with only 18 million arrivals (including returning UK residents). While this number may seem large at first glance, this is an 87% decrease from the previous year. Coronavirus has a direct impact on this statistic as international travel has been banned for the majority of the year in question.

 

Similarly, there were just 668,979 visas granted in the year ending March 2021, 78% less than the previous year. Of the visas granted in this last 12 months, 38% were for study, 26% were to visit, 18% were to work, 6% were for family, and 12% for other reasons.

 

To put it into perspective the impact of the COVID-19 pandemic on UK immigration, take a look at the chart below from the Home Office website:

 

 

EU and Hong Kong applicants:

 

The UK received more visa applications from Hong Kong than the EU during this first quarter of 2021. In fact, while there was nearly 35,000 applications from Hong Kong, there was under 6,000 from the EU. There are many reasons for this, namely the end of free-movement, the continuing impact of COVID-19, and the introduction of the BNO Visa.

 

It is also likely that many people from the EU who had planned to come to the UK simply chose to do so earlier, before the end of 2020, therefore avoiding the tougher and more costly experience of a post-Brexit immigration system. This paired with the economic effects of the pandemic and travel restrictions all point to the low number of visa applications at the start of 2021.

 

Focussing on the applicants from Hong Kong, it is rather a different story. Over 34,000 people from this area applied to live in the UK by the end of March 2021. It is likely that there was some built up demand for this visa, but these initial numbers are a good indication to how popular this route will be with people from Hong Kong.

 

Skilled Worker visas:

 

Skilled Worker visas saw a 37% decrease, which is more severe than both the study and family visa routes. This is likely linked to the negative impact the coronavirus had on business and the economy, such as many employers not taking on new staff and in some unfortunate cases businesses shutting down permanently.

 

Also, where some industries were put on pause for many months, such as those in the entertainment industry and hospitality industries, there was a campaign urging people to re-train. While many viewed this as slightly distasteful, it meant that more businesses will start recruiting after the easing of the travel restrictions. We anticipate that there should be substantial increase in this type of visa from autumn on, with the economy anticipated to grow faster than forecasted.

 

 

Student visas:

 

Student visas experienced a 16% decrease overall. Chinese nationals were the most common nationality granted Sponsored study visas in the year ending March 2021, accounting for 35% of the total. Still, when comparing the number of Chinese nationals who were granted student visas to last year’s number, we find a 26% decrease. On further examination, Chinese Students comprised almost two thirds (65%) of the overall decrease in Sponsored study visas in the year ending March 2021. We can point to the fact that COVID-19 restrictions were implemented early in China, from January 2020, and may have disproportionately affected Chinese students.

 

Family visas:

 

There were 168,464 visas and permits granted for family reasons in the year ending March 2021, which is a 13% reduction on the year ending March 2020. A sharp fall in grants was seen in April to June 2020 (90% lower than in the same period in 2019) due to the impacts of the COVID-19 pandemic. Family related visas and visas granted to dependants of people coming to the UK both saw reductions of 33% and 10% respectively.

 

However, we can see the influence of the EU Settlement Scheme in this report as grants of family permits increased by 5% to 54,527. There were 17,110 EEA family permits and 37,417 EU Settlement Scheme (EUSS) family permits granted in the year ending March 2021.

 

The EU Settlement Scheme had a 212% rise compared with the year before, showing that awareness of the scheme and the desire to sign up to it has risen massively. Admittedly, it is to be expected that more people signed up as the deadline approached. Also, this route opened at the end of March 2019, therefore the first complete year ending comparison will be in Q2 2021.

 

 

Staying put in the UK – Visa extensions and Settlement

 

Extensions:

 

There was a 15% decrease in in people extending their visas than the year previous, however this number does not include people who had their visas extended due to COVID-19 restrictions. The number of people who remained in the UK would have in fact been much higher, but it would not have reflected those who made the personal choice to do so.

 

This reduction in people who actively wanted to extend their stay in the UK could be due to Brexit, and the fact that free movement with the rest of the EU is coming to an end. It could also be in retaliation of the political statement that Brexit makes, which some visa holders may not be in agreement with.

 

Settlement:

 

There were 93,143 decisions on applications for settlement in the UK from non-EEA nationals in the year ending March 2021, a 2% decrease on the previous year. Of these, 91,346 (98%) resulted in a grant. This slight reduction may also be linked to Brexit.

 

When thinking about settlement, it is also worth remembering that the BNO visa we mentioned above, which many people from Hong Kong will take advantage of, can lead to UK settlement after 5 years.

 

 

Citizenship:

 

British citizenship is still highly desirable according to these latest statistics. There were 176,910 applications for British citizenship in the year ending March 2021, 7% more than the year ending March 2020.

 

In terms of EU applicants, the number rose substantially by 45% to over 63,000 – meaning that EU nationals accounted for over a third of all citizenship applications. While we mentioned that some may be deterred by Brexit to extend their stay in the UK, the threat of potentially coming across complications with their status in the UK seems to have pushed many towards cementing their citizenship here.

 

Detentions and enforced returns:

 

Both detentions and enforced returns were lower than in previous years, with the number of detainees being down by 44%. This is in direct connection with the pandemic, as more people were granted leave to remain because they could not travel to return to their home country. This meant that there were far less people in breach of their status requirements.

 

Now that travel restrictions are slowly being lifted, it would make sense for this number to start increasing again in the coming months.

 

What do we think?

 

We are not at all surprised to see that levels of immigration, particularly regarding arrivals into the UK, are extremely low compared to years in the past. The pandemic has meant that international travel was largely halted, leading to these low numbers.

 

Looking for more interesting assessments of these statistics, we find ourselves focussing more on the increased amount of people from Hong Kong applying to come to the UK and the continual desire people have to secure UK citizenship, both of which had positive numbers amid the statistics. We believe that in future reports we will continue to see an influx of people from Hong Kong coming to the UK on the back of the BNO route, looking to work and study here with a goal of achieving citizenship.

 

 

Have questions? We are here for you!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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

 

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E-visas, E-permission to Travel, E-sponsorship System – What are the key points in the Home Office’s New Immigration Plan?

On the 24th of March 2021, the Home Office released their official plan moving forwards on how to deal with immigration and border control in the UK. Part of the statement issued on the government website addresses the well-known fact that free movement between the EU and the UK ended on 31 December 2020 as a result of the Brexit referendum, and that new immigration policies have been brought in to match this decision.

 

For example, a point’s based system was brought in to attempt to limit those coming to the UK to people who have desirable attributes in the eyes of the government. These attributes are mainly down to what jobs those people will fill, or if they have valuable knowledge or in some cases strong family ties to the UK. The Home Office statement also details how stronger measures are being put in place to keep people with criminal histories out of the UK.

 

There will also be more developments into the digitisation of border controls including the introduction of Electronic Travel Authorisation and e-visas.

 

Of course, your opinion on much of this is likely to depend in some capacity on whether you voted to leave or remain in the EU, but nevertheless, these are the immigration rules that will be in place for the foreseeable future.

 

This article will go into detail on what the latest Home Office plan means for the future immigration situation into the UK, drawing from the information announced on the 24 May 2021.

 

 

Points based system:

 

The Home Office have described the points based system as Fairer, Firmer, and Skills-led. We are sure that to many it will certainly feel firmer, but whether it is fairer will be a more debateable topic. The idea is to focus predominantly on what the applicant will bring to the UK, and match their attributes up against the objective desires of the UK, which have been set by the Home Office. This system is nationwide covering England, Scotland, Wales and Northern Ireland.

 

Essential factors will be having a job offer from a Home Office licenced sponsor, meeting a required skill level of RQF 3 or above (A Level and equivalent), and being able to reach English language requirements. Tradable points come in the form of filling a role on the Shortage Occupation List, or having a PhD in a relevant subject to the job they are going for.

 

The system is part of what the Home Office is calling its Build Back Stronger agenda, by which the main focus is training the domestic workforce within the UK, but allowing the ‘best and brightest’ from different countries to come and work here as well.

 

The logic here is clear. These rules will help to vet applicants and ensure that only those with particular attributes can come to the UK to work. To many people this will be a practical and agreeable way of handling immigration, but on the other hand some may be against the potential limitations that this stricter system will harbour. We will have to wait and see if the benefits outweigh the negatives.

 

Improvements on Sponsorship system?

 

Due to the sponsorship aspect being a core part of the points based system, the Home Office announced some improvements for sponsoring companies. These include:

 

  • Reducing the amount of time it takes to sponsor an individual by up to eight weeks.

 

  • Removing the resident labour market test and suspending the cap on numbers.

 

  • Making the sponsor licence application fully paperless, and re-designing the sponsor guidance, making the system simpler, more streamlined and accessible.

 

In theory, these are all positive moves. However, it has often been the case in the past that sponsorship applications are delayed, causing great inconvenience to applicants. We hope that the system is indeed as smooth as the announcement implies.

 

Suspending the cap on the number of applicants is good, but the skill surcharge fees and health surcharge fees are increased and hence the total costs for skilled worker visas. It will mean that more people will be deterred from applying for it.

 

 

Moving further into the digital world:

 

The selling point of the New Plan for Immigration is the rolling out of new technology, which will supposedly bolster the border control and visa systems within the UK.

 

At the borders, new technology called Border Crossing BX will be used and is said to improve the quality and timeliness of information available at the primary control points (PCP) for Border Force officers. This technology has been successfully piloted and is being rolled out nationally.

 

The Border Crossing BX technology is due to be in place from Summer 2021, and one of its uses will be to quickly check if someone has applied for or been granted status under the EU Settlement Scheme.

 

Electronic Travel Authorisation (ETA):

 

The UK has taken some influence from the US in that visitors and transit passengers who do not currently need a visa for short stays, or who do not already have an immigration status prior to travelling, will be required to obtain an Electronic Travel Authorisation as an additional security measure. This will apply to everyone, apart from British and Irish citizens and those with British citizenship in the Crown Dependencies or British Overseas Territories.

 

This is likely to cause split opinions, as it is essentially another hoop for people to jump through in order to come to the UK – but the added security will be seen as a positive by some.

 

 

E-visas:

 

It is indeed the case now that the majority of applications from individuals seeking to work or study in (and for visa nationals to visit) the UK are now made online. This is positive for many reasons, one being that it is better for the environment. Further, it should reduce production costs and improve border security by greatly limiting the possibility of forgery or theft of documentation.

 

The Home Office has stated that the digital visa will allow them to know precisely when a migrant is in or out of the UK and the precise figure of migrants in this country. The information it contains will be shared between different governmental departments, so that they will know the relevant person’s immigration status immediately and their right to work, rent or access to NHS service.

 

We do believe that the E-visa system will help improve the accuracy of the Home Office’s immigration data;  but we are also aware of the growing competencies of online crime and forgery. The Home Office will need to be vigilant of any potential leaks or hacks into their system by implementing strong cyber-security across the entire framework.

 

What does the future bring?

 

In their announcement, the Home Office continue to describe how they will focus on digitising the immigration system, making sure it runs smoothly and efficiently via the use of data and cutting edge technology.

 

The overarching principles are stated as such:

 

  • Transform the customer experience through a simplified and streamlined system based on individual needs.

 

  • Maximise the benefits of having full control of our borders and being better able to know who is coming to the UK and leaving, and driving up compliance against terms of admission.

 

  • Use data and enhanced digital systems, building on the success of the EUSS, to underpin this transformation.

 

We feel positive about this aspect of the announcement, because an end to end digital immigration system, if implemented properly, will be secure and environmentally friendly. It will allow those who have been granted status to be clearly identified, meeting no resistance at the borders.

 

The only concerns we have are potential delays in inputting the correct information, meaning someone’s status is not uploaded, or a visa application is not handled as quickly as it should be. A completely digitised system is unlikely to leave any room for debate on such issues, and so it is vitally important that the correct information is entered into the system when it should be.

 

 

Universal Permission to Travel:

 

In what appears to be similar to the Electronic Travel Authorisation we mentioned above, the Home Office announcement explains that as part of a phased programme leading to 2025, a Universal Permission to Travel requirement will be introduced. It will require everyone wishing to travel to the UK (except British and Irish citizens) to seek permission in advance of travel. The Home Office claim that it will facilitate the passage of legitimate travellers, keep a wider range of threats away from the UK and allow Border Force officers to focus on persons of interest.

 

It appears that this is another security based focus, as the report states that universal permissions to travel, data and advanced risk analytics will allow Border Force Officers to focus on people who pose the greatest risk, with this examination likely to take place after the individual has been through the automated checks. It will allow the Border Force to focus mainly on those who pose the greatest threat from crossing UK borders.

 

Like Electronic Travel Authorisation, such measure is likely to be applicable to visa-free nationals only, as visa nationals will need to apply for entry clearance as before, which will place themselves under the Home Office’s scrutiny.

 

The full plan for the UK’s Immigration and Border system can be found here, along with Home Secretary Priti Patel’s speech on the subject.

 

 

What do we think?

 

There are aspects of this new guidance that we support, such as the improved digitisation of the immigration system, and the extra support available to sponsors. However, only time will tell if these changes will work in a wider sense, as there will now be greater limitations on who is able to come to the UK, and even those just coming to visit will have more hoops to jump through in the future.

 

Have questions? We are operating as usual!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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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How to move homes under the current Unlocking 3.0?

Moving home has been possible during lockdown, but the moves have happened within rules that have been changing as we gradually take steps towards normality. As we move forward into Step 3 of the roadmap out of lockdown, where more social contact is permitted in certain situations, the government have once again updated the guidance on moving home. The latest guidance was published on the government website on 17 May 2021, and is now the active guidance that should be followed.

 

Of course, the general safety guidance still applies, such as frequently sanitising hands and wearing facemasks when coming into contact with others, but some more specific rules are now in place when it comes to viewings, moving belongings and how those working in the industry can operate as we take this step forward. The below information is essential for anyone looking to move home and those who will assist clients in their move, from conveyancers to estate agents and tradespeople.

 

Guidance for those moving home

 

Preparing to buy, sell or move home:

 

You are still able to market your home using estate agents and online services, so that people can see it is available. However, if you or any member of your household is showing symptoms of COVID-19 or is self-isolating, then estate agents and potential buyers should not visit your property in person.

 

  • You can market your home and estate agents can visit in order to take photos/videos of your property.

 

  • To help prevent the spread of infection, it is recommended that you carry out initial property searches online, and only visit a property in person when you are seriously considering making an offer on it.

 

  • If you wish to buy a new-build property, you should contact the developer. You should be able to make an appointment to view the show home or visit the particular plot you are interested in purchasing.

 

 

Viewings:

 

Wherever possible, virtual viewings should take place. Only once a virtual viewing has taken place should an in-person visit be made before finally making an offer. This will greatly minimise the potential for spreading coronavirus.

 

In person viewings must take place by appointment only, rather than the ‘open-house’ method where many people can come and view the house at the same time, and all in attendance must wear a facemask unless exempt. Social distance should be maintained while in the property. Different people can view the house on the same day, but their visits must be separated via allocated time slots. If you arrive and there are still people viewing the property you should wait until they have left before entering yourself.

 

If your property is being viewed, it is good practise to open all of the internal doors so that there is no need for anyone to touch the handles, and to provide hand sanitiser on entry.

 

Once the viewing has taken place, the occupant or agent should ensure surfaces, such as door handles, are cleaned with standard household cleaning products and towels disposed of safely or washed as appropriate.

 

Making offers and reservations:

 

The main point of difference when it comes to progressing with a move during the pandemic, is the heightened possibility of delays occurring. Delays can happen if someone involved in the deal, be it the purchaser or the seller, contracts coronavirus. This will mean they have to self-isolate and the move will be halted. This means that contracts and agreements must be as flexible as possible so that if delays do occur, one party is not punished for the completion being put off. It is worth checking that there is a clause / paragraph that accounts for any COVID-19 related delays before signing any form of contract.

 

Prospective purchasers or renters may wish to re-visit a property once they have agreed a sale; for example to measure up the rooms when thinking about furniture. Where this has been agreed to, the above advice on prioritising virtual visits, hygiene measures, maintaining social distancing at all times and mitigating contact where possible should be followed.

 

Purchasers may also want to arrange for tradespeople to carry out inspections in the property. Where possible these should be scheduled with one person visiting the property at a time. If anyone in the household contracts COVID-19 prior to a tradesperson visiting the property, this visit should be delayed. We will go into more detail regarding the role of tradespeople later in this article.

 

 

Moving belongings:

You are able to hire removals firms to help move your belongings from one place to another, but it is highly recommended that you get in touch with them in advance. Like any other business, removals firms may be operating in a reduced capacity, or may be booked up. Once you know you are moving into a new property, you should book a removal firm right away.

 

You and your household should also try and do as much of the packing yourself as possible. However, where you are using a removals firm, you may wish to get their advice on packing in advance, in particular the arrangements for packing fragile items. It is good practice to clean your items before and after they are handled by removal firm workers.

 

If removal firms are unavailable, another household can help you move your belongings, but social distancing guidelines and hygiene measures should be followed where possible.

 

While the removers are in your home, you should ensure any internal doors are open and try to minimise your contact with the removers, maintaining a distance of at least 2 metres where possible.

 

Guidance for industry workers

 

As is the standard practice, industry workers such as estate agents, conveyancers and removal workers should wear facemasks and maintain social distancing wherever possible. It is also a good idea to let potential customers know that you will be acting in-line with the COVID-19 guidelines.

 

Estate agents:

 

  • Estate agents are permitted to be open and active, but should always enquire before any party member is showing symptoms of COVID-19 before going ahead with any showings.

 

  • Inform those who they are showing properties to that they are required to wear a mask, as is standard procedure. Similarly, hand sanitizer should be used by everyone before and after they enter the property.

 

  • Where possible, encourage clients to view properties virtually before going there in person.

 

  • It is important that estate agents are flexible when arranging viewings and moving dates, and should always be agreeable when plans have to change due to coronavirus.

 

  • Keys should be cleaned with disinfectant spray or wipes before being handed over.

 

  • Agents should ask clients whether they have returned to the UK from one of the countries not on the exception list. If clients have returned from a country on the quarantine list, agents can continue to progress their home move virtually until the quarantine period is over.

 

 

Tradespeople:

 

Often, moving home will coincide with getting repairs done to your old and new houses. When the time comes to sell your current house before moving to a new one, it is likely that some work may be needed in order to get the best price on the property.

 

Tradespeople such as plumbers, electricians, locksmiths and builders are permitted to work. They, like everyone else, must follow the standard social distancing rules and wear masks, but in general they are permitted to work as usual, especially if they work by themselves or as a small team.

 

The main thing for any tradesperson to do before accepting a job is to receive confirmation from the client that no one in the house is displaying any COVID-19 symptoms.

 

More comprehensive guidance for specific tradespeople and companies can be found here:https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

 

Conveyancers (like us!):

 

Our conveyancing team has been very busy handling a wide range of enquiries over the past few months. To keep our clients and our staff safe, we have been handling cases remotely where possible and have made sure that we are always easy to contact to answer any questions our clients may have.

 

When meeting clients, conveyancers should always ensure social distancing is possible and that masks are work for the duration of the meeting. We make sure to meet in rooms which are spacious enough to accommodate people within the appropriate distance.

 

This last point is very important, and is something that our team has implemented as a standard now. This is that conveyancers should always promote flexibility making provisions for the risks presented by coronavirus, for example when advising clients who are ready to move not to exchange contracts on an occupied property unless they have made explicit provision for the risks presented by the coronavirus. This is integral and can help prevent a vast amount of issues from arising in the future. It is essential for peace of mind.

 

 

What do we think?

 

We are happy to see things return to a slightly more normal state, and hope that as long as people stay within the guidelines we can continue on roadmap out of restricted life. We feel that the rules are reasonable and can be followed without too much effort.

 

As a business ourselves, with a large and active conveyancing team, we have seen first-hand the benefits of conducting yourself within COVID-19 guidelines. You only need to look at our Google reviews to see that our clients have been over the moon with the way we conduct ourselves. The main objective is to make everyone feel safe and that their case is being handled efficiently and successfully. To be COVID-secure is to be professional, so if a business wants to act in a professional manner, they should follow the guidance listed above.

 

Have questions? We are operating as usual!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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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Fantastic positions open here at Lisa’s Law – come and join our team!

We have some fantastic roles available in our busy, London based law firm. Over the course of the COVID-19 pandemic we are pleased to say that business has continued to grow here at Lisa’s Law. We are thrilled to say that we are looking to welcome some new faces to fill some excellent positions across our team!

 

Working at Lisa’s Law

 

Lisa’s Law is a forward-thinking, modern law firm. We value each member of the team highly and welcome their contributions and ideas. Career development is of paramount importance to us. We endeavour to create a relaxing and friendly work environment and provide every opportunity for colleagues to learn, develop and lead.

 

Now is a great time to join us! So, what positions are on offer?

 

All positions will be full-time and based at our offices in the SE1 area, near Elephant and Castle station, and Waterloo station.

 

Immigration Supervisor

 

We are looking to recruit an experienced immigration supervisor with extensive experience of handling a wide range of immigration matters. They would be of a commercial mind-set with excellent communication skills, both written and verbal and possess the skills to contribute to our growing success.

 

Your responsibilities will include but are not limited to the following:

 

  • Develop, market and grow the immigration department.

 

  • Day to Day supervision of the immigration department ensuring that they maintain high standard of service; maintain practice standards; resolve any compliance matters; meet expected targets.

 

  • Provide regular updates and internal training to the immigration department.

 

  • Identify new business opportunities.

 

  • Optimise and streamline the department’s procedures.

 

  • Stay up-to-date with the latest relevant legislation and policy changes.

 

  • Conduct regular file reviews of all immigration colleagues.

 

The ideal candidate will have the following attributes:

 

  • Excellent Chinese language skills both verbal and written is preferable.

 

  • Extensive experience in appeal, JR, bail, EEA, PBS and HR applications.

 

  • At least 3 years’ supervisory experience.

 

  • Proven ability to work under heavy workload and to tight deadlines.

 

  • Good attention to detail and personal organisation skills.

 

Salary £70,000+, dependent on experience.

 

To apply for this role email your CV and cover letter to a.dalipe@lisaslaw.co.uk or apply through this link.

 

 

Litigation Supervisor

 

We are looking to recruit an experienced Litigation supervisor who is a three year post qualified solicitor with extensive experience of handling a wide range of contentious issues including commercial, civil and property litigation. This is a really exciting opportunity for the right candidate.

 

Your responsibilities will include but are not limited to the following:

 

  • Develop, market and grow the Litigation department.

 

  • Day to day supervision of the Litigation department ensuring that they maintain high standard of service; maintain practice standards; resolve any compliance matters; meet expected targets.

 

  • Provide regular updates and internal training to the Litigation department.

 

  • Identify new business opportunities.

 

  • Optimise and streamline the department’s procedures.

 

  • Stay up-to-date with the latest relevant legislation and policy changes.

 

  • Conduct regular file reviews of all immigration colleagues

 

The ideal candidate will have the following attributes:

 

  • Excellent Mandarin language skills both verbal and written is preferable.

 

  • Extensive experience in handling Litigation cases.

 

  • At least 3 years’ supervisory experience.

 

  • Proven ability to work under heavy workload and to tight deadlines.

 

  • Good attention to detail and personal organisation skills.

 

Salary £70,000+, dependent on experience.

 

To apply for this role email your CV and cover letter to a.dalipe@lisaslaw.co.uk or apply through this link.

 

 

Chinese Speaking Solicitor or Experienced Paralegal

 

We are looking for qualified solicitors or experienced paralegals with experience of handling a wide range of legal matters in Immigration, Litigation, Family and or Conveyancing. We are looking for people with excellent communication skills, both written and verbal. We are after enthusiastic, knowledgeable candidates who will help our firm continue to grow and thrive!

 

Your responsibilities will include but are not limited to the following:

 

  • Manage your own caseload.

 

  • Provide a high-quality legal service to clients.

 

  • Meet and interview clients and take clients’ instruction.

 

  • Advise clients on the law and legal issues relating to their case.

 

  • Supervise junior paralegals, trainees and legal assistants.

 

  • Draft documents, letters and contracts tailored to client’s need.

 

  • Keep up to date with changes and developments in the law.

 

The ideal candidate will have the following attributes:

 

  • Excellent English and Chinese language skills both verbal and written.

 

  • At least 3 years’ experience in Immigration, Litigation, Family and or Conveyancing.

 

  • Proven ability to manage a large caseload and work to tight deadlines.

 

  • Good attention to detail and personal organisation skills.

 

Salary between £30,000 and £50,000 dependent on experience.

 

To apply for this role email your CV and cover letter to a.dalipe@lisaslaw.co.uk or apply through this link.

 

 

Chinese Speaking Experienced Conveyancer

 

We are looking for candidates with experience of handling a wide range of commercial and residential conveyancing matters including freehold and leasehold conveyancing, landlord advice and disputes, land disputes and joint ownership. This is a wonderful time to join our conveyancing team, as we are receiving a wide range of interesting enquiries in this area.

 

Your responsibilities will include but are not limited to the following:

 

  • Manage your own caseload.

 

  • Provide a high-quality legal service to all clients.

 

  • Meet and interview clients and take clients’ instruction.

 

  • Advise clients on the law and legal issues relating to their case.

 

  • Supervise junior paralegals, trainees and legal assistants.

 

  • Draft documents, letters and contracts tailored to client’s need.

 

  • Keep up to date with changes and developments in the law.

 

The ideal candidate will have the following attributes:

 

  • Excellent English and Chinese language skills both verbal and written.

 

  • At least 3-years’ experience handling commercial and residential conveyancing matters.

 

  • Proven ability to work under heavy workload and to tight deadlines.

 

  • Experience of handling large caseloads.

 

  • Good attention to detail and personal organisation skills.

 

Salary between £30,000 and £50,000 dependent on experience.

 

To apply for this role email your CV and cover letter to a.dalipe@lisaslaw.co.uk or apply through this link.

 

Chinese Speaking Paralegal

 

We are looking for candidates with an interest in Immigration, Family Law and Property Law. We are after those with a great work ethic and strong communication skills, both written and verbal. You would be joining a fantastic team of knowledgeable and supportive colleagues.

 

Your responsibilities will include but are not limited to the following:

 

  • Manage your own caseload.

 

  • Meet and interview clients and take clients’ instruction.

 

  • Advise clients on the law and legal issues relating to their case.

 

  • Draft documents, letters and contracts tailored to client’s need.

 

  • Keep up to date with changes and developments in the law.

 

The ideal candidate will have the following attributes:

 

  • Excellent English and Chinese language skills both verbal and written.

 

  • A degree in law.

 

  • Experience in Immigration, Family Law or Property Law desirable.

 

  • Good attention to detail and personal organisation skills.

 

Salary between £20,000 and £40,000 dependent on experience.

 

To apply for this role email your CV and cover letter to a.dalipe@lisaslaw.co.uk or apply through this link.

 

 

Have questions? We are operating as usual!

 

If you have any questions about any of these roles, or are after some legal advice, we are here for you!

 

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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Protection for renters remains, but notice period is cut to 4 months

Over the course of the pandemic, the government has brought in many polices and guidelines in order to protect UK residents. One such measure was a ban on evictions, whereby renters could rest assured that they would not be made homeless during the COVID-19 outbreak. This was a very positive policy which benefitted many people.

 

Now that Coronavirus restrictions are easing and the country begins its journey back to normality, the eviction ban is due to change. On 12th May 2021, Housing Minister Christopher Pincher announced the following changes:

 

Notice period to be reduced

 

From 1st June 2021, landlords’ notice to evict tenants will be reduced from current 6 months to 4 months, until at least 30th September 2021.

 

For both landlords and solicitors who intend to service notices to evict tenants now, they may well be better off to wait until 1st June 2021, as by then the notice period will be shortened by two months.

 

Some landlords who have already served notices on their tenant may wonder whether they should replace a new notice with the previous one, as it could mean that they can commence eviction proceedings sooner for the above reason.

 

It should be noted that for any planned eviction based on rent arrears, the notice period will be further shortened to two months from 1st August 2021, where the arrears are less than four months’ rent. This will further reduce landlords’ anxiety.

 

 

Definition of rent arrears as a serious factor has changed:

 

From 1st June 2021, rent arrears of up to 4 months will be treated as a serious factor. In such circumstance, the landlord only need to give the tenants 4 weeks’ notice before they commence Court proceedings. Currently, only arrears of up to 6 months are treated as a serious factor. Many landlords will clearly take advantage of this change.

 

Eviction ban to cease:

The current ban on bailiff-enforced evictions, introduced as an emergency measure during lockdown, will end on 31 May. This means that From 1 June, bailiffs will be able to enforce evictions; however, social distance has to be complied with. Further, no eviction should be carried out where people living in the property have COVID-19 symptoms or are self-isolating. This requires that bailiffs will have to do more field work.

 

Exceptions to the above general rules:

 

A: certain behaviours can lead to much shorter notices

 

There are some exceptions in which shorter notice periods can be issued to tenants. For example, notice periods for the most serious cases that present serious strains on landlords are listed below:

 

  • anti-social behaviour (immediate to 4 weeks’ notice)

 

  • domestic abuse in the social sector (2 to 4 weeks’ notice)

 

  • false statement (2 to 4 weeks’ notice)

 

  • 4 months’ or more accumulated rent arrears (4 weeks’ notice)

 

  • breach of immigration rules ‘Right to Rent’ (2 weeks’ notice)

 

  • death of a tenant (2 months’ notice)

 

B: No eviction where breathing space has started.

 

This normally applies where landlords and tenants have reached an agreement to pay rent and clear arrears under the rules of the debt respite scheme. Unless the tenants have breached the terms of the agreement, the landlords are not allowed to commence eviction proceedings, even if it means that the tenants may have been in arears of more than 4 months’ rent.

 

 

Cruel or Fair?

 

We have to say that it is not easy to define these measures with any single word. It all depends on from which side you are looking at them. Some measures will be welcome by landlords and hated by tenants, and vice versa. We can only say that we are in a difficult time, which requests both landlords and tenants to work together and reconcile reasonably. Such team work will clearly bring in mutual benefit in a longer term. Even where parties are unable to settle disputes between themselves, it is our strong view that mediation should be sought in the first place, rather than Court proceedings.

 

 

Further questions on eviction?

 

Please do not hesitate to contact us. We are operating as usual!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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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EU Settlement Scheme Backlog Could Leave Many Applicants Status In Legal Grey Area!

The all-important EU Settlement Scheme has been open since March 2019 in response to Brexit. Its purpose is to allow EU, non-EU EEA and Swiss citizens and their eligible family members living in the UK the opportunity to protect their residence in the UK. The deadline to get on to the EU Settlement Scheme is 30 June 2021 – next month!

 

As expected, millions of people have applied to the scheme to ensure they keep their status. However, out of the 5.3 million applications that have been received by the Home Office, only 4.98 million have been processed so far. This mean that hundreds of thousands of people may be left in legal limbo if this backlog is not handled by the cut-off date.

 

The most worrying aspect of this is the potential loss of certain rights that these people should have, such as the right to use the NHS, receive benefits and work.

 

We must say that this huge backlog in EU Settlement Scheme applications points to some incompetency on the part of the Home Office. Such an important scheme should run as smoothly as possible, and while we appreciate the fact that many people are applying, the size of this backlog is still very surprising and alarming.

 

 

What happens if an applicant is not granted a decision in time?

 

The Home Office have said that all those who have applied for the EU Settlement Scheme before June 30, but have not had a decision, will have their rights protected until the decision is made. This may be reassuring to some, however, this is not to say that these applicants will not face hardships elsewhere. For example, it is possible that landlords may take issue with the fact that their tenants have not had their status confirmed by the Home Office and may deny tenants access to property in order avoid potential fines themselves. It can create a stressful situation for these applicants even though they may have applied to the scheme in time.

 

There could also be administrative complications for people while they wait for their decision, as we have seen in the past that despite being promised their status will remain in place while a decision is made, negative effects can become apparent when applying for government aid or accessing the NHS.

 

What if an applicant has not applied by June 30?

 

This circumstance may lead to even more serious consequences. Those who fail to apply in time are likely to not be looked on in a positive light by the Home Office and in the worst case scenario may be liable for detention and removal, as their residence in the UK would be considered unlawful.

 

Where those who have applied but have not received a decision may face complications accessing the NHS or benefits and so on, those who have not applied at all are more likely to feel the full force of these restrictions, and will not have the reasonable explanation to fall back on that they have applied but have not received a decision from the Home Office yet. Other hardships they may come across is being unable to open bank accounts and having their UK driving licences revoked, which may put people into extremely negative situations.

 

 

Vulnerable people could be at risk

 

We believe that the majority of people will be aware of the EU Settlement Scheme and will know to apply to it, however there will be some more vulnerable people who may face action without even knowing that they should have applied to the scheme.

 

Several factors may result in people not successfully applying for the EU Settlement Scheme.

 

For example:

 

  • Being aware! Awareness of the EU Settlement Scheme and an understanding of it should not be presumed. Some people may be in the dark about its existence.

 

  • Vulnerable people (including those in poverty, victims of modern slavery, of domestic abuse, and homeless people/rough sleepers) will be much less likely to apply due to having their options reduced, not having access to the right documents or a computer or simply not being allowed.

 

  • Technical difficulties – some may struggle using the application process for many reasons, including:

○ being unable to read the application (language or literacy barriers)

○ mental and physical health problems and disabilities

○ low digital literacy

 

  • No evidence! Many EU citizens may lack the proper evidence to prove their eligibility for EUSS, and the greatest risk will be faced by those who lack evidence of both residence and economic activity. It is more common than people think that people are without the correct documentation, through no fault of their own.

 

If you or anyone you know is having trouble accessing the scheme, we are here to help! Our team will guide you through the process every step of the way.

 

Reminder – Who needs to apply?

 

EU, non-EU, EEA and Swiss citizens and their eligible family members living in the UK must apply. Those who do not apply may face very serious consequences and their right to remain in the UK will come under considerable question.

 

It should be noted that this also applies to many EEA nationals and their family members who have been living in the UK for many years and taken it for granted that they will continue to be allowed to live here, even without going through the settlement applications.

 

This assumption is incorrect. Under the current rules, all eligible EEA nationals and their family members will have to apply again under the settlement scheme, even if they have acquired permanent residence under the previous EEA law; otherwise, they may have to leave the UK after 30th June 2021.

 

 

Reminder – The role of family

 

Family is an important factor in the EU Settlement Scheme, and for some their family will define whether or not they are eligible for the scheme at all. If you are not an EEA or Swiss national yourself, you will need to rely on a certain family relationship with such a national to qualify.

 

The Home Office allows for such family members to apply on the basis of a qualifying relative:

 

  • spouse

 

  • civil partner

 

  • durable partner (unmarried partner whose relationship is akin to marriage or civil partnership, and the applicant holds a relevant document in this capacity)

 

  • child under 21 of the EEA citizen or of the spouse or civil partner

 

  • dependent child over 21 of the EEA citizen or of the spouse or civil partner

 

  • dependent parent of the EEA citizen or of the spouse or civil partner

 

  • dependent relative of the EEA citizen or, in some cases, of the spouse or civil partner (and the applicant holds a relevant document in this capacity.)

 

 

Preparing the right documentation

 

It is important that applicants prepare the correct documentation when applying. This includes:

 

  • an identity document – your passport, national identity card, biometric residence card or permit

 

  • a digital photo – you can take a selfie during the application

 

  • your National Insurance number or proof of how long you have lived in the UK

 

  • a mobile phone number

 

  • an email address

 

  • proof of your relationship if you are applying for a child or another family member

 

  • evidence the relevant EEA national is exercising his/her EEA treaty rights

 

If the applicant’s child is an EU, EEA or Swiss citizen, a birth or adoption certificate will be needed to prove their relationship.

 

If the child is from outside the EU, EEA or Switzerland, their biometric residence card is to be used to prove their identity.

 

 

Have questions? We are here to help!

 

If you are having trouble applying to the scheme, have questions or concerns about it, please do not hesitate to contact us.

 

We are ready to provide you with a fantastic legal service and there are many ways for you to get in touch!

 

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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May 16th: Cut-Off Date for Right to Rent Check Concession!

On March 30th 2020, landlords were given the green light to conduct right to rent checks on their tenants using digital means to make life easier during the COVID-19 pandemic. This meant that the checks could be conducted over video calls, tenants could scan over documents or take photos of relevant paper work rather than providing original copies. There was also a right to rent app that was available to use.

 

This will remain the case but only until May 16th 2021, when the old guidance will come back into play, whereby landlords will have to check the original documents or check their tenants right to rent using the online service if they have access to the tenants share code. This is in-line with the government guidance allowing indoor socialising from May 17th.

 

One important thing to remember is that the landlords will NOT have to conduct retrospective checks on their tenants if they have already conducted a digital check. Previously it was planned that they would have to conduct retrospective checks but this has been changed, which we view as a positive move.

 

Business as usual

 

Now that restrictions are slowly being eased, landlords will be expected to return to checking their tenants’ right to rent in the regular way from May 17 2021.

 

You can read all about right to rent checks and the relevant procedures in our previous article here, but we will summarise the main points below.

 

 

Who has the right to rent?

 

People have the right to rent if any of the following apply:

 

  • they are a British or EEA citizen

 

  • they have indefinite leave to remain or settled status

 

  • they have refugee status or humanitarian protection

 

  • they have permission to be in the UK and have a valid visa

 

  • the Home Office has granted them a time limited right to rent

 

How should landlords conduct a right to rent check after 16th of May 2021?

 

It is essential that landlords conduct a right to rent check before they enter into a tenancy agreement with a person. If a person’s right to rent is time-limited, the landlord should conduct a follow-up check shortly before their leave expires.

 

Document checks are the usual way landlords can tell if someone has the right to rent in the UK. If a prospective tenant can produce either one document from group 1 or two documents from group 2 then they should meet the requirements.

 

It is important that the landlords are vigilant in their checks, and make sure that the documents are consistent, genuine and have not been tampered with.

 

Also, despite indoor socialising being permitted in some cases from May 17th, we would suggest that both the tenant and landlord wear masks and try to keep their distance where possible, as a safety precaution.

 

List Group 1 – (One document needed).

 

  • A passport showing that the holder is a British citizen, or a citizen of the UK and Colonies having the ‘right of abode’ in the UK.

 

  • A passport or national identity card showing that the holder is a national of the European Economic Area (EEA) or Switzerland.

 

  • A registration certificate issued by the Home Office to a national of an EEA state or Switzerland.

 

  • A document certifying permanent residence issued by the Home Office to a national of an EEA state or Switzerland.

 

  • A permanent residence card issued by the Home Office to the family member of a national of an EEA state or Switzerland.

 

  • A document issued by the Home Office to a family member of a national of an EEA state or Switzerland and which indicates that the holder is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK.

 

  • A biometric immigration document issued by the Home Office to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK.

 

  • A passport or other travel document endorsed to show that the holder is ‘exempt from immigration control’, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has ‘no time limit’ on their stay in the UK.

 

  • An immigration status document containing a photograph issued by the Home Office to the holder with an endorsement indicating that the person named in it is allowed to stay in the UK indefinitely or has no time limit on their stay in the UK.

 

  • A certificate of registration or naturalisation as a British citizen.

 

List Group 2 and more– (Two documents needed).

 

This list includes many variations of certain government issued letters and documentation, which can be found from page 4 and onwards of this document. Certain combinations will amount to the tenant having the right to rent.

 

Where a person is unable to present a landlord with any of the above acceptable evidence, the landlord can make a request to the Landlord Checking Service to establish whether their prospective tenant has a right to rent.

 

 

Right to rent online checking service

 

Landlords may be able to check their tenants’ right to rent online as long as their tenant:

 

  • has a biometric residence card or permit

 

  • has settled or pre-settled status

 

  • applied for a visa and used the ‘UK Immigration: ID Check’ app to scan their identity document on their phone

 

If the tenant is an EU, EEA, or Swiss citizen, they can continue to use their passport or national identity card to prove they can rent in England until 30 June 2021.

 

To use the online service the landlord will need the tenants’:

 

  • date of birth

 

  • ‘share code’

 

The share code will be emailed to the landlord or given to them by the tenant.

 

You can find a link to the online service here.

 

Retrospective checks not required

 

As we mentioned at the start of this article, landlords who have conducted checks via digital means from 30 March 2020 to 16 May 2021 are not obliged to re-check the original documents. We feel that this is a show of understanding for the difficulty the pandemic has caused landlords, and will save them from chasing up tenants for information they have already provided.

 

 

Final thoughts

 

In terms of the Home Office reverting on their previous stance regarding retrospective checks, we are pleased to see this has been reverted. To demand secondary checks would be time consuming for everyone involved. We also feel that the digital checking system worked fairly well over the course of the pandemic.

 

However, as we mentioned in our previous article on right to rent checks, the Home Office’s online right to rent checker has proved to be unreliable in the past. The main issue is that some candidates can be shown as not having the right to rent as a result of their immigration status being outdated or inaccurate.

 

It is the law that if an applicant has submitted their application for renewed status before their previous status has expired, their lawful status remains valid while their applications are processed. However, in the past this has not always been translated into the right to rent system, so landlords have been given information that suggests their tenants do not have the right to rent when legally they do.

 

We hope that the system has been updated, and that the revisions to the system during the COVID-19 pandemic will have helped to iron out issues such as these. We will have to wait and see.

 

Have questions? We are here for you!

 

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

 

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

 

If you have an iPhone, follow this link to download.

 

If you use an Android phone, follow this link to download. 

 

Find the link here if you need some further instructions on how to use our new app!

 

 

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An App for Your Applications – Let’s Hope it Lasts Longer This Time!

A large wave of applications for replacement Biometric Residence Permits (“BRP”) and Biometric Residence Cards (“BRC”) over the past few months has led to some congestion within the Visas and Citizenship Appointment Service (UKVCAS), which has the risk of paralysing the Home Office’s visa application system again. More and more applicants are struggling to book appointment to provide their biometric information, which is a mandatory step before their applications can be processed.

 

To reduce the pressure caused by such titanic backlog, the Home Office has just announced that applicants applying for BRC and BRP replacements will be able to use their app to provide necessary ID information, as in most cases, the applicants’ biometric information has been retained by the Home Office and can be reused.

 

What are Biometric Residence Permits and Biometric Residence Cards?

 

The BRP and BRC hold applicants’ biographic details (name, date and place of birth) and biometric information (facial image and fingerprints), and shows their immigration status and entitlements while they remain in the UK. BRPs are titled ‘Residence Permit’ or ‘Short Stay Permit’ and BRCs are titled ‘Residence Card’, ‘Permanent Residence Card’ or ‘Derivative Residence Card’.

 

By immigration laws, BRP or BRC cards are conclusive evidence of foreign nationals’ right to live, study or apply for public funds in the UK. They need to produce it to their employers, banks and other parties. If they are damaged, lost or stolen, the relevant persons need to apply for new cards within three months; otherwise, they could be fined up to £1,000.00.

 

 

Identification Verification App

 

As applicants who have applied for UK visas have already known, one compulsory procedure in their application process is to provide biometric information, irrespective of whether it has been provided or not during previous applications and how many times it has been provided.

 

The Home Office claims that the IDV app will provide a more streamlined and modern alternative for those completing applications from within the UK. It is said to be very easy to install onto most phones. It will allow the selected applicants to reuse their previously submitted fingerprints and photographs. Essentially, the main appeal of the app is that it will save applicants from having to go to their local UKVCAS visa centre.

 

Things to note regarding the app

 

As the app requires applicants re-use their biometric information, the user must have had their information taken in the past. This means people who are applying for their status in the UK for the first time and have not provided their biometric information will not be able to use the app.

 

Also, the app will only be available to people within the UK and that have received an email invitation to use the app after submitted their request for a replacement BRP or BRC.

 

Once the applicants have submitted their BRP/BRC replacement application, UKVI will assess whether their application can be progressed using the IDV app. If suitable, they will then email the applicants inviting them to use the app to proceed their applications to the next stage.

 

What do we think?

 

It should be noted that the IDV app is not a new invention. It was first promoted by the Home Office when Covid-19 started in April last year, but was stopped after some time. The Home office are yet to state what problems the app has experienced and whether such problems have been resolved. We just hope that it will last longer this time.

 

 

Have questions? We are operating as usual!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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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