Non-molestation orders – A way to free yourself from abuse

People spending a lot of time indoors due to lockdown naturally meant that couples who were having issues previously experienced an amplification of the problems in their relationship. This led to a spike in separations and divorce, which is usually a tough time for the individuals involved and their family members.

What makes this situation even harder is where one of the ex-partners starts to act in hostile or disturbing ways. This type of behaviour is never justified and there are procedures in place to help stop it abruptly. It is vital that nobody feels they must suffer in silence, as these procedures are in place for a reason, and they should be used where appropriate.

What is a non-molestation order?

A non-molestation order is a specific injunction that aims to prevent a partner or former partner from harming you or your children. This means acts of physical violence or the threat of physical violence, any form of harassment or intimidation, as well as psychological abuse. It can also be stalking, or abusive messaging on platforms like Facebook and Instagram.

Who can it be applied to?

It is not something that is limited only to the two people who were previously a couple, in fact, it can apply to the following:

A spouse or ex-spouse

A civil partner or previous civil partner

A fiancé(e) or ex-fiancé(e)

Someone with whom you are living or used to live with

The father or mother of your child, also people who have parental responsibility for your child or grandchild

Someone with whom you have had an intimate personal relationship

A family member

Applying for a non-molestation order

When making an application for a non-molestation order, the applicant can do so without giving any advance notice to the other party. This is to avoid any negative scenarios, including where a person would seek to prevent another from being able to make the application at all.

It is vital to remember that, should the court grant the order, it only becomes effective once the person whom it is made against is made aware of it (typically by personal service, but this is not always the case.)

A copy of the order should be given to local police as well, to make them aware of the problem.

To apply for a Non Molestation Order, the applicant must be able to show that they are ‘associated with the respondent’. This means that the applicant and the respondent must be or have been in a relationship, live together or have lived together or be related to one another.

The applicant will have to demonstrate to the Court that they require protection from the respondent. It is very important that when the issues begin occurring, the applicant calls the police initially. Firstly, this is for the safety of the victim, but it also means the respondent can be prosecuted under criminal law and the behaviour is recorded, which can make things go a lot smoother when applying for the non-molestation order.

How does a non-molestation order protect the applicant?

It is a criminal offence to ignore or break a non-molestation order, which gives it a lot more gravitas as serious sentences can be issued. However applicants have a choice whether the incident is brought back to the family court, or whether they would rather go through the criminal courts. Family court does have power to impose short custodial sentences, and has the added benefit of being a closed court.

Once an order is in place they can ring the police if there is any breach and the perpetrator will be arrested for breaking their order. This should be enough for most people to cease behaving in a threatening way.

Non-molestation orders also forbid abusers from instructing anyone else to harass or intimidate or use violence against the applicant. The order is broken if the abuser damages any of the applicant’s possessions as well. This makes it worth getting an order even if the respondent does not know exactly where the applicant is, as they may damage their things or property.

How long does it last?

It can run for a fixed period or it can last indefinitely; most of the time it is continues to run until it is cancelled by another court order.

What do we think about it?

We believe that when non-molestation orders are used effectively and for the right reasons, they are very important and necessary. It should not take days, weeks or months for people to go for molestation orders, but rather right when the problematic behaviour begins. Your safety is a top priority!

Not sure if you have a strong enough case? We can help you!

We understand that applying for such an order can be very stressful and unpleasant, especially when you feel you are in danger. Our experienced, friendly solicitors can help guide you through it and can tell you how strong your case is, and offer some tips on how it can be made stronger.

Have questions? We are here to help!

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Possessions Proceedings, Evictions and More – Landlords vs Tenants in the Coronavirus Pandemic

The coronavirus pandemic has had a massive effect on the livelihoods of most of the world’s population. One of the most important things in life is the place you choose to live, and what to do with property that you own. It must be appreciated that renting property during this strange year can bring new and worrying pressures, but this goes both ways. Landlords rely on people paying their rent to make money; those renting will sometimes need a helping hand from their landlords in order to keep a roof over their heads.

For the past few months the UK government have given renters new protections to stop them being evicted, but what options to landlords have and how can they plan for the future?

Residential Tenancies

A landlord must give tenants three months’ notice for all notices served between 26 March 2020 and 30 September 2020 before they can reclaim vacant possession of a property by court proceedings. These dates are subject to review, however, and may be extended. These three months are there to allow the tenant adequate time to find a new living arrangement.

Also, there is a general suspension of enforcement of all possession orders from 27 March 2020 to (currently) 23 August 2020, meaning that landlords are unable to for their tenants to leave via this order for now.

However, this does not mean a landlord is completely forbidden from issuing a possession claim, it can still be done, there is just likely to be a wait before it can be acted on by the Court.

It is also important to remember, from a landlord’s point of view especially, that the changes to residential tenancies implemented by the Coronavirus Act do not invalidate any existing notices of possession served before 25 March 2020. They would, however, need to act before it expires which means it would be best to issue the claim without delay.

What is more, these provisions do not apply to contractual tenancies, licences or tenancies granted in the course of employment. There is also no restrictions in relation to claims against squatters or trespassers.

What about Commercial Tenancies?

Again, landlords will be unable to forfeit a lease and commence possession proceedings for failure to pay rent or other sums, including service charges and insurance rent between 26 March 2020 and (currently) 30 September 2020.

The act applies to tenancies protected by the Landlord and Tenant Act 1954 and to leases which have been ”contracted out” of the protection of the 1954 act. The legislation does not apply to short leases – i.e., leases for less than six months.

The act defines rent as ”any sums a tenant is liable to pay under a relevant business tenancy”. This includes all basic rent and other payments payable in accordance with the terms of the lease such as service charge, insurance and administration charges.

In yet more support for renters, there has also been a conditional ban on using insolvency procedures against companies unable to pay debts due to Covid-19. This includes a temporary ban on presenting winding-up petitions from 27 April through to 30 September 2020, where a company cannot pay rent due to impact of the pandemic and associated infection control measures.

The provisions are not ‘all powerful’

However, the Coronavirus Act does not waive or even suspend the tenant’s liability to pay rent under a lease. Tenants should continue to make payment (if possible) – the act simply prohibits forfeiture for the given period of time.

Landlords will be able to forfeit leases for both unpaid sums during the moratorium period and for any unpaid sums that become due after it is lifted (this includes any accrued interest).

The act only prevents landlords from forfeiting leases for rent arrears; leases can still be forfeited where a tenant breaches other covenants contained in the lease, such as tenants’ duties to maintain fixtures, repairs and fittings etc.

Unlike the rules for residential tenancies, commercial lease provisions will apply to existing proceedings that have commenced before the moratorium period in relation to rent arrears. No orders for possession will be granted by the court before the end of the period.

Other solutions for the recovery of rent such as pursuing guarantors (including any liable under Authorised Guarantee Agreements) and withdrawing from a rent deposit are still available to landlords.

Service Charges?

One additional point to note is that landlords may be incurring service charge outlays during the moratorium period. In these circumstances, claims to recover service charges can still be issued and judgements obtained.

What are the courts doing?

The courts remain open and claims are being processed in the normal fashion. Courts are now adjusting and utilising technology to ensure hearings continue to take place.

What can landlords do in the meantime?

Act now! Serve the notice if you have to, issue the claim if you have to, now! Bear in mind the suspension is not a ban, it is a stay, so when it is over, you will be in a queue. So you need to get in there quick!

While it is judicious to remain mindful of the challenges many tenants will be facing due to the Covid-19 lockdown, landlords should not be discouraged from continuing to exercise pre-action obligations they would usually carry out.

Doing this puts a landlord one step ahead and at the front of a potentially long list of creditors once debts can be pursued. A landlord can still issue an appropriate notice for possession and start the process of eviction, once the moratorium has expired.

Seek legal advice

Obtaining legal advice and taking a proactive approach now could prevent expensive, time-consuming litigation in the future. We are open and ready to take on your case today!

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The Principle of Reflective Loss Does Not Apply To Creditors

Written by Lavinder Kaur, solicitor at Lisa’s Law.

What is reflective loss?

Firstly, the rule of reflective loss is derived from the principle of Foss v Harbottle, the company, being a separate legal entity, is the proper claimant to recover any loss resulting from an actionable wrong.

A shareholder’s loss in respect of a diminution in the value of his shareholding or a reductions in the distributions of dividend resulted from a loss suffered by the company in consequence of a wrong done to it by the defendant. In this circumstance, the shareholder’s loss is said to be merely a “reflection” of the loss suffered by the company, and the company or its liquidator is the proper claimant. The purpose to award a damages to the company is to restore its position it would have been if the wrongdoing had not occurred. For the shareholders to have a right of action would exceed what was necessary and would give rise to a problem of double recovery.

Sevilleja v Marex Financial Ltd [2020] UKSC 31

In 2013, Marex Financial Ltd (Marex) brought claims against two British Virgin Islands (“the BVI”) companies, Creative Finance Limited and Cosmorex Limited, both of which were controlled by Mr Sevillja. Those claims were tried before Field J in the Commercial Court who released a draft judgement on 19 July 2013 showing that Marex had succeeded and consequently the BVI companies would be required to pay in excess of US$5m. At that stage, approximately US$9.5m was held by the BVI companies in England.

The more relevant proceedings, in terms of the rule against reflective loss, concerned the allegation that Mr Sevilleja then took the opportunity to dishonestly asset-strip the BVI companies such that they would be unable to pay the judgement debt to Marex. The judgement of Field J was handed down on 26 July 2013. Marex did not put in place a freezing injunction until 14 August 2013, by which point the disclosure showed the companies to have assets amounting to approximately US$4,000 and the BVI companies eventually went into liquidation in December 2013.

On 11 August 2016, Marex obtained permission to serve English proceedings on Mr Sevilleja out of the jurisdiction under the tort gateway. On 5 October 2016, Mr Sevilleja issued an application challenging the jurisdiction of the English courts.

At first instance, Knowles J dismissed Mr Sevilleja’s jurisdiction challenge. In particular, he rejected the submission on behalf of Mr Sevilleja that, even if Marex otherwise had a cause of action in tort, the reflective loss rule barred its ability to recover compensation.

The principle is set out in Prudential Assurance Co Ltd v Newman Industries (No 2) [1982] 1 All ER 354, and has been developed in cases including Johnson v Gore Wood [2001] 1 All ER 481, Giles v Rhind [2002] EWCA Civ 1428, Perry v Day [2004] EWHC 3372 (Ch), and Gardner v Parker.

The principle is that a diminution in the valuation of a shareholding or in distributions to shareholders which is the result of loss caused to the company by a wrong done to it by a third party is not damage which is separate and distinct from damage suffered by the company, and is therefore not recoverable by the shareholder. There was a suggestion in later cases, including Johnson v Gore Wood, that the principle also covered claims by creditors of a company against a wrongdoer (usually a director of the company) whose wrongs prevented the company from being able to pay the debt.

The case went to the Court of Appeal which allowed Mr Sevilleja’s appeal against the lower court’s findings. As such, Marex’s claim to recover the judgement debt, together with interest and costs, was found to be barred by the reflective loss rule which the court determined would apply to non-shareholder creditors in the same way as it had been applied to shareholder creditors.

Marex’s appeal of such finding was heard by a seven panel in the Supreme Court in May 2019 and a judgment was handed down on 15 July 2020.

The decision of the Supreme Court

Lord Reed delivered the lead judgement allowing Marex’s appeal and therefore held that its claims were not barred by the rule against reflective loss made clear that the principle applied only ‘… where claims are brought by a shareholder in respect of loss which he has suffered in that capacity, in the form of a diminution in share value or in distributions, which is the consequence of loss sustained by the company, in respect of which the company has a cause of action against the same wrongdoer’ (at para [79]). In such circumstances, the rule against reflective loss was held to apply regardless of whether the company in fact recovers its loss in full.

In respect of any other claims (whether by a shareholder or by anyone else), for loss that do not fall within that description but for which the company has a right of action in respect of substantially the same loss, the rule against reflective loss does not apply, although it may be necessary to avoid double recovery.

Lord Reid has succinctly made the distinction clear in paragraph 84 of the judgement: “… there is no analogous relationship between a creditor and the company. There is no correlation between the value of the company’s assets or profits and the “value” of the creditor’s debt, analogous to the relationship on which a shareholder bases his claim for a fall in share value…” In other words, the amount for which the company is indebted to a creditor is not dependent upon the value of the company.

Conclusion:

In short, the rule against reflective loss does not apply to creditors of a company. The Supreme Court has now significantly curtailed the principle of reflective loss. If a principle of reflective loss does exist, it is narrowly confined to shareholder claim.

Practical considerations:

Before becoming a shareholder, you may want to make sure a bespoke articles of association is adequately drafted (or the model articles of association is modified) to set out the business operation. In a small private limited company where directors are also often the shareholders, ensure that your shareholders agreement is well drafted to cover all foreseeable eventuality to protect your interests.

Always consider and evaluate the risk of immediate risk of asset dissipation and keep it at the forefront of your mind as the case progresses. You should discuss the merits of freezing or notification injunctions with your legal representatives.

If a claim is unavoidable, it is best to always consider if this could be a case where there is a separate legal duty owed / legitimate cause of action for the loss to be classified as a non-reflective loss. It is important to categorise this as a ‘separate and distinct’ loss than those suffered by the company.

In some circumstances, a shareholder may be permitted to bring or continue a claim on behalf of a company (“a derivative claim”). In such circumstances, the individual is given permission to pursue the company’s claim and therefore the rule against reflective loss is not relevant.

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Eat Out to Help Out – Get your business found!

The Eat Out to Help Out scheme means diners are able to get discounts of up to 50% on food and drinks between Monday and Wednesday between the 3rd and 31st of August, with the government reimbursing the businesses for these discounts, in a bid to get the hospitality industry back on track.

People do not need a voucher to use this scheme and can use it at the same time as other offers and discounts. There is no minimum spend. However, you cannot claim discount on alcoholic drinks or service charges.

If you want to register your establishment, you can do so here.

Look for the Logo!

People wanting to take advantage of this scheme as customers should look for the logo, which is likely to be displayed outside participating establishments. Likewise, establishment owners should make sure they have the logo clearly displayed.

The logo looks like this:

Businesses can find promotional materials here, including signs and posters.

Restaurant finder

There is also a new restaurant finder tool online, which will give users a list of all the participating restaurants within a 5 mile radius of the postcode they type into the restaurant locator tool.

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Establishments who register for the scheme will be automatically added to this restaurant finder, so as long as the details they provide are correct, it should be easy for people to locate them.

Other help available to businesses

guidance on how to register and make a claim is on GOV.UK

free live webinars which will explain how the scheme works, provides examples and allows you to ask questions

a video that explains how the scheme works: YouTube video

webchat service

dedicated helpline for restaurants 0300 322 9429 available 8am until 4pm Monday to Friday

Have questions? We are here to help!

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.

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Stepping into the future? Will witnessing over video to be legalised in the wake of COVID-19

Wills witnessed using video technology such as Zoom and Skype are to be legalised, as the government aims to make it easier for people to have their final wishes met during the pandemic, and start to look ahead to a post-Coronavirus United Kingdom.

The basics of this new policy is as followed:

Government plans law change to allow wills to be witnessed virtually in England and Wales.

Reforms will be backdated to 31 January 2020 and will remain in place as long as necessary (meaning any will witnessed by video technology from that date onward will be legally accepted.)

New laws to reassure public that wills witnessed via video link are legally recognised.

In UK law, before COVID-19 hit, it has been that a will must be made ‘in the presence of’ at least two witnesses. However, while people have been self-isolating and shielding for their own safety, video services such as Zoom have been used. Ministers have now confirmed that wills witnessed in such a way will be deemed legal, as long as the quality of the sound and video is sufficient to see and hear what is happening at the time.

The use of video technology, according to the guidance, should be a last resort. People should continue to arrange physical witnessing of wills where it is safe to do so. Wills witnessed through windows are already considered legitimate in case law as long as they have clear sight of the person signing it.

Any concerns?

With all changes to the law, the change will have its supporters and its critics. For example, there will likely be some concern that using video will lead to a surge in familial disputes, accusations of the video being unclear or people being unable to hear the video properly. There may also be the worry that a person off-camera may be having an influence on proceedings. Generally, this system is more open to abuse than a face-to-face meeting.

What do we think?

While we understand the above concerns, our opinion is that witnessing wills over video is largely a good thing. It is far more convenient, and in the world we are currently living in, far safer than travelling to meet face to face. We believe that if there is an easier way to get something done, and that everyone is happy to proceed in such a way, then why not go for it? Of course, it must be made clear that all parties are able to hear and see what it going on in the video, and if they cannot, then they should simply try again using a different laptop, or phone etc. to conduct the meeting.

*If you are unsure how to do this correctly, you should seek legal advice or simply consult us for more details.

We welcome technology – we have our own app!

As a modern, forward thinking law firm we welcome new technology as long as it makes things simpler and easier for our clients. We want to relieve some of the stress and give people back some of the time it would usually take to travel in to see us, when they could simply get the same service while sitting on their couch!

This is why we have our brand new mobile app. You can launch a new enquiry, scan over documents, follow the progress of your case and much more! We are here for you anytime, anywhere!

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Changes in place to help those who need urgent passports get them faster

Her Majesty’s Passport Office (HMPO) has had to bring in some changes to account for the fact that an increasing number of people who do not meet the urgent and compassionate criteria will want a passport more quickly as international travel restrictions continue to ease, particularly those with pre-existing bookings.

Essentially, many people have been grounded due to travel restrictions as a response to COVID-19, and now that some restrictions are being lifted, a lot of them will be keen to get travelling.

So what is changing?

So, where a UK-based customer can evidence they are due to travel within the next fortnight, and where HMPO has had their application for longer than 4 weeks for renewal applications, it will expedite their application so that it is delivered within 5 working days.

For adults applying for a passport for the first time, the required security checks mean that the process will take longer than renewals but HMPO have said that their aim is to ensure that anyone with pre-planned travel does not miss out if their passport application has been submitted correctly and in good time.

It is important to remember that the guidance still remains that people should not book travel until they have received their passport.

How about Overseas Applicants?

Overseas applicants who have an urgent need to travel will, as usual, be able to approach the Foreign & Commonwealth Office for an Emergency Travel Document (ETD). Where HMPO has had a passport application for 2 weeks longer than normal service standards, it will invite customers to contact the Home Office to arrange a refund of the cost of the ETD.

HMPO is encouraging everyone who needs to apply to do so online.

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De Facto Adoptions Given Wider Allowances by Home Office

The Home Office has just published its internal guidance to caseworkers on visa applications for children who are adopted or to be adopted in the UK. Noticeably, the guidance has provided much needed clarification on the eligibility of de facto adoptive children coming to the UK and joining the family they have been integrated into, which we see as a major positive move from the government.

What is a de facto adoption?

A de facto adoption is where a child who has been fully integrated into a family but the relationship between the child and the family is not recognised legally due to the fact that the child, or the family, or both, comes from a country where such a legal procedure does not exist or such legalisation is practically not possible.

It essentially ignores the formality, and focuses on the human rights aspect instead.

A de facto adoption may arise where:

adoption orders in the country where the child was adopted are not recognised as valid in the UK

the parents are caring for a child in a country which does not recognise adoption.

despite the country in which they are living being a Hague Convention or designated country, the parents are unable to adopt there because, for example, they are not able to satisfy that country’s particular requirements.

How can a child be allowed into the UK under these circumstances?

The de facto adoption will be regarded as having taken place where the adoptive parent(s) can show they have:

lived abroad for a period of at least 18 months (for applications involving two parents both must have lived abroad together)

lived with and cared for the child for at least the period of 12 months immediately before the application for entry clearance; and

assumed the role of the child’s parent for the full 18-month period mentioned above, and there has been a genuine transfer of parental responsibility.

The guidance provides that the most common use of this provision is likely to involve British citizens working abroad for a period of time in a country whose adoption laws are not recognised by the UK and who have adopted a child from that country during that period, but it may occasionally apply in other circumstances.

The application process

Applications should be made on the online settlement visa application for indefinite leave to enter or limited leave to enter with a view to settlement.

The child can apply for (with the assistance of adults if required):

indefinite leave to enter the UK as the adopted child of a parent or parents present and settled in the UK.

limited leave to enter the UK with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the UK with a view to settlement.

Thoughts

We are pleased that some more attention is being given to the de facto adoption route, as these types of adoptions are more common than one may think. Of course, there are checks that the Home Office will make, such as the financial stability of the family adopting the child, and there will be investigations into the child’s nature, or whether there is any risk associated to the child, but these are all fairly exceptional circumstances. On the whole, this is a very positive and pleasing expansion to the rules.

Moreover, the new rules mean that it would be more important for the parent(s) to prove that they have been looking after the child in a parental way, taking an active role in the child’s upbringing and they plan to continue to do so in the future. The Home Office will look at the evidence of whether the parents are actually exercising their parental responsibilities, rather than what the legal documents states.

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Leave it or Sign it? Simple miscommunications can lead to serious consequences!

Wtitten by Yitong Guo.

BEC Construction Limited v Melt Hythe Limited [2020] EWHC 970 (TCC)

The Fact:

This is a High Court case in TECHNOLOGY & CONSTRUCTION division.

The Defendant Melt Hythe Limited is a company registered in England and Wales. Its registered office is at an address known as Sunnyside, 40 Elwick Road, Ashford, Kent TN23 1NN.

The Defendant had engaged the services of the Claimant, BEC Construction Limited. In or around 15 July 2019, the Claimant terminated the contract and the parties entered into money claim proceedings.

On 9 December 2019 the Judge made order for future case management and service. Accordingly, on 9 December the Claimant took the documents in question to the address, Sunnyside. That address is an address which the Claimant understood to be the principal place of business of the Defendant, that being the address used in the Contract between the parties, and that being the Defendant’s registered address. However, Sunnyside is also the address of a dental practice of which the Defendant is also a director.

The Claimant left the documents at Sunnyside with Miss M, who worked for the dental practice operating from that same address. Mr B, The person who took charge of serving the documents entered the premises, went to the reception desk and then put the documents on the reception desk. Miss M signed for receipt.

The Issue

The Defendant applied to set aside the judgement in default on grounds that the Claimant’s service of the proceedings was invalid.

The Defendant relied on the ground that the Claimant had wrongly effected personal service on the receptionist at Sunnyside rather than delivering to or leaving at a permitted place.

The Decision

In accordance to CPR 7.5, a claim form can be served in various ways, including by ‘leaving the document at the relevant place’. The ‘relevant place’ pursuant to CPR 6.9(2) was the Defendant’s principal office, ie its Kent address. It is also held that personal service was not effected as the document was left on the counter instead of handing in to the receptionist. Therefore the service was valid and the Defendant’s application was dismissed.

Lessons Learned

Where multiple businesses operate out of a multistory building, the serving party needs to take care that they are actually in the ‘relevant place’ to effect valid and defensible service on a defendant—if, for example, a defendant’s address specifies a floor number within an address, every effort should be made to leave the claim form on that floor.

For defendants, a clear lesson is not to conflate personal service with service at a permitted place when challenging the validity of service. Parties in proceedings (especially those sharing premises with other businesses) should ensure that their service address is sufficiently distinguished in order to avoid the risk of being deemed served with a claim form left at the reception of another business. To this end, they should also ensure that any building they occupy with other businesses is appropriately demarcated, and staff are trained to respond appropriately if proceedings are delivered to them.

However in this case, unfortunately for the Defendant, the address had no designation to distinguish it from that of the dental practice.

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BNO visa is open to Hong Kong Citizens from January 2021 – who is eligible and how will it work?

Following the announcement by PM Boris Johnson on 4^th June 2020 that the UK would offer a new route to British citizenship to millions of Hong Kong residents who hold British Nationality Overseas passports (for more information on BNO passports, please click here), the Home Office has officially confirmed that these BNO citizens will be able to apply to come to the UK to work and live from January 2021.

What does the BNO visa offer?

Firstly, people are able to apply for this route from outside or inside the UK. It will allow people to apply to enter or remain in the UK for an initial period of 30 months, extendable by a further 30 months, or a single period of 5 years.

People on the BNO visa will be able to work and study, but they will not be able to access public funds such as social welfare benefits.

Crucially, people on the visa will be able to apply to settle in the UK (also called ‘indefinite leave to remain’) once they have lived here for 5 years. After 12 months with this status they can go on to apply for British citizenship. This will be very appealing to many BNO passport holders and their family members.

Who is eligible and how can they prove it?

According to the Home Office’s policy and guidance which are published today, eligible candidates for this role will need to show the following:

they have BN(O) status – they do not need a valid BN(O) passport to show this and do not need to request a new passport if it’s expired or has been lost

they normally live in Hong Kong or currently reside in the UK

they can accommodate and support themselves financially in the UK for at least 6 months

they show a commitment to learn English, where appropriate

they get a tuberculosis (TB) test certificate from a clinic approved by the Home Office (find more information on this here)

they pay a fee and the immigration health surcharge (fee is yet to be established)

they have no serious criminal convictions, have not otherwise engaged in behaviour which the UK Government deems not conducive to the public good, and not be subject to other general grounds for refusal set out in the Immigration Rules

BN(O) citizens’ immediate family dependants, comprising spouse or partner and children aged under 18, will also be eligible to apply for the Hong Kong BN(O) Visa. They do not need to have BN(O) status themselves to be eligible.

There will be cases where the dependent children of a BN(O) citizen will not normally be eligible because they were born after 1997 (so are not BN(O) citizens) and are over 18 so would not ordinarily be considered as a dependant in the UK’s immigration system.

In compelling and compassionate circumstances, the Home Office will therefore use discretion to grant a visa to the children of a BN(O) citizen who fall into this category and who are still dependent on the BN(O) citizen. This discretion will be limited to children of BN(O) citizens who apply together with their parents as a family unit.

Possibility of entering before the BNO visa route is available

If a person is not eligible to enter the UK under an existing immigration route, Border Force Officers may be able to consider granting ‘Leave Outside the Rules’ at the UK border for a period of 6 months to them and their accompanying dependants.

As a person with ‘Leave Outside the Rules’ the applicant and their dependants can:

work
study

Cannot:

get public funds
use the NHS for free (except for free emergency services)

To be considered, they will need to show:

their identity (through official documentation)

their BN(O) citizen status

that they normally live in Hong Kong

that they can accommodate support themselves financially in the UK

They will also need to show evidence of any non-BNO dependants’ family links to them. A dependant is any of the following:

spouse or civil partner

unmarried partner who they have been living with in a relationship similar to a marriage or civil partnership for at least 2 years

child (under the age of 18 when they first applied)

other family members where they can show there is a high level of dependency

Proving Hong Kong residence

To be eligible for ‘Leave Outside the Rules’ they must usually live in Hong Kong. Evidence of residence may be one of the following:

a Hong Kong identity card

a letter from an employer or education provider confirming your employment or study in Hong Kong

a Hong Kong medical card

a voter’s card

a visa or residence permit or other immigration documents

an educational record, for example a school report

a letter from the local council or a government department in Hong Kong

tax records

records of rent or mortgage payments

Proving you can support yourself financially

People can show this with:

bank statements that show savings

evidence of regular income that will continue whilst in the UK, such as salary, investment or pension payments

investment details

receipt of educational grants from overseas

an offer of employment in UK

income of a partner, spouse or other family member to which you have access, for example parental funding or a spouse’s salary earned through lawful working in the UK

an offer of accommodation from family or friends

Our thoughts

This is clearly a brilliant news to millions of BNO passport holders in Hong Kong (or currently reside in the UK). It provides a new route for them to migrant to the UK. In the meantime, it may effectively reduce the potential pressure of the domestic labour shortage following the Brexit.

Have questions? Contact us today!

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!

lisaslaw@web

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Home Office update: Replacement visas available until the end of the year, with VAC’s now accepting passports

If your 30 day visa to travel to the UK for work, study or to join family has expired, or is about to expire, you can request a replacement visa with revised validity dates free of charge until the end of this year. This does not apply to other types of visas.

This process will be in place until the end of 2020.

To request a replacement visa you can either:

contact the Coronavirus Immigration Help Centre

arrange to return your passport to your Visa Application Centre (VAC) if it has re-opened

Contacting the Coronavirus Immigration Help Centre:

Telephone: 0800 678 1767 (Monday to Friday, 9am to 5pm). It is free to call from within the UK.

If emailing, the address is CIH@homeoffice.gov.uk.

You will need to include your name, nationality, date of birth and your GWF reference number with ‘REPLACEMENT 30 DAY VISA’ in the subject line.

You should be contacted when the VACs reopen to arrange for a replacement visa to be endorsed in your passport. Your replacement visa will be valid for 90 days.

As a new alternative, the Home Office have now said that you can arrange to return your passport to your VAC if it has re-opened.

Do not travel to the VAC with your passport until you have checked the commercial partner websites for the process in place for re-submitting your passport for your replacement visa, as this may vary depending on your geographical location:

TLS contact if you are in Europe, Africa and parts of the Middle East

VFS global for all other countries

Read the full guidance here.

Have questions? Contact us today!

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!

lisaslaw@web

See Full Bio

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What does the BNO visa offer?

Who is eligible and how can they prove it?

Possibility of entering before the BNO visa route is available

Proving Hong Kong residence

Proving you can support yourself financially

Our thoughts

Have questions? Contact us today!

Contacting the Coronavirus Immigration Help Centre:

As a new alternative, the Home Office have now said that you can arrange to return your passport to your VAC if it has re-opened.

Have questions? Contact us today!

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