Celebrating 10th anniversary of Lisa’s Law!

Lisa’s Law is celebrating its 10^th anniversary as a company. To celebrate the landmark, we are rewarding our loyal customers by organising a competition where you can win a voucher worth up to £250!

The best part is, all you need to do is like the post and leave a comment to have a chance of winning.

It’s not just one prize we’re handing out though. The person who gets the second highest number of likes will win a £100 voucher!

What’s more? We will also offer a lucky draw for all attendants who have joined the competition! As long as you have liked and commented on this post, you will have a chance to win a voucher of your choice with a £50 value. There’s nothing to lose!

Read below for the full details and information on how to enter.

Platforms: Facebook, Instagram, Twitter, WeChat, RED

Prizes – for each platform:

1^st – most liked comment: £250 voucher of choice

2^nd – second most liked comment: £100 voucher of choice

3^rd – lucky draw with £50 voucher of your choice

The details of the vouchers you can choose from will be announced in due course.

How to win a prize: Simply like the post and comment below telling us something you love about Lisa’s Law. It could be your experience using our service, a piece of content you liked, or even something you learned from us!

So, what are you waiting for? Like and comment now! The competition will run until 10^th June and we will announce the winners on 15^th June our 10^th anniversary.

Here are the links to the various social media channels for you to be in with a chance of winning:

Facebook – https://www.facebook.com/Lisas.Law.Solicitors/photos/a.1165679836797139/5373050259393388/?type=3

Twitter – https://twitter.com/Lisa_s_Law/status/1529427489151500293

Instagram – https://www.instagram.com/p/Cd-j8ntrJvV/?igshid=YmMyMTA2M2Y=

RED – https://www.xiaohongshu.com/discovery/item/628e727b000000000102ab29?share_from_user_hidden=true&xhsshare=WeixinSession&appuid=5c998b220000000011009f56&apptime=1653503016]

For WeChat, you need to share the post to your WeChat moment (朋友圈) and comment on the post you share. You will need to send us a screenshot by end of June 10^thto show us how many likes you have received from the shared post. We will announce winners with prizes just like the above rules.

Please note: should winners receive the same number of likes, we reserve the right to pick the winner from those with the same number of likes.

Vouchers to choose from include: One4All, Love to shop, John Lewis, Amazon, Ticketmaster (or, let us know what you would like to add to the list!)

James Cook

See Full Bio

Continual Residence: when is it broken? How are days calculated?

Written by Xijia Xie

Imagine this: you are on your tenth year in the UK, thinking you will soon be eligible for settlement based on your long lawful residence. Your personal plans are lining up, but it all depends on the arrival of that one plastic card. However, right before your submission, you come to the shocking realisation that your ten-year residence might have been broken by a long holiday outside the UK in 2021. If this looks like something you too are worried about, please read on.

A Brief Look at the Law

What you should understand is a concept called continual residence. This is a requirement that can be seen in the criteria for a number of settlement applications. In essence, it means that you must “NOT have been outside the UK for more than 180 days in any 12-month period“, according to section CR 2.1 of Immigration Rules Appendix Continuous Residence (“Appendix CR” hereafter).

Please be aware of the two key points here: one, the 180 days can be distributed to several trips – it is the total days of your absence from the UK. And two, it is ANY 12-month period – it might not start from 1st January and end on 31st December but can be ANY period of 12 months that sees the most absenteeism.

How are the days calculated?

Let’s apply the rule in an imagined case study. Let’s say for example that your friend John came to the UK in 2017 and has never travelled anywhere ever since. Now John plans to travel abroad on 1st May 2022: how can he avoid breaking the continual residence?

The first thing you need to know is that only full days outside the UK would be counted for this purpose, according to Indefinite leave to remain: calculating continuous period in UK Version 22.0, p 9. So, the first day of his absence will be 2nd May, and his 180th full day outside the UK would be 29th October 2022.

It is probably not difficult to see that in order to keep his continual residence, John must come back to the UK before 23:59 on 30th October 2022. However, even if John comes back to the UK before that point (say, 31st July 2022) but subsequently leaves the UK on 1st January 2023 and comes back again on 3rd April 2023, his continual residence is still broken. Because, although his trip in 2022 is only 90 days absent and the one in the next calendar year 91, in the 12-month period from 1st May 2022, he will be outside the UK for a total of 181 days.

Exceptions in calculation

As with all rules in law, the restriction comes with a number of exceptions. The first of which is provided by the next section in the Rules. CR 2.2 says:

For any absences from the UK with permission granted under the rules in place before 11th January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of the year as the date of the application for settlement.

The key difference here is that, instead of looking at ANY 12-month period or any calendar year (ie 1st January to 31st December), if eligible, this exception would reset the clock every year on the date in which the application was submitted. Back to John. Let’s say his visa was a visa granted in 2017 (which means it was a decision made by the Home Office on a rule that existed before 11th January 2018, which means the exception applies). Now, John plans to make his settlement application on 1st August 2023, which requires six years’ continual residence (fictional rule). Will John be eligible if he makes the 90-day and 91-day trips as mentioned above? The answer is no, because although there are 181 days in total in ANY 12-month period, for John, his absence records are made fresh every 1st August, the date of his application.

In addition to CR 2.2, the Rules also specify several other exceptions. These include exceptional humanitarian circumstance, recognised research activities, and, as CR 2.3 (b) provides, “travel disruption due to natural disaster, military conflict or pandemic”. Please be noted that travel difficulty is NOT travel impossibility or travel disruption. It is not yet clear to what extent would the Home Office be willing to accept ground in CR 2.3 (b), but it is very questionable whether it could be used in situations where the applicant postpones his or her travel plan back to the UK for a few months or years simply due to overpriced airfare.

Is the 10-year Lawful Residence Route subject to continual residence?

The short answer is: yes, but it is a different calculation method.

Appendix CR ONLY applies to these routes: Skilled Worker, Sole Representative, Global Talent, Innovator, T2 Minister of Religion, International Sportsperson, UK Ancestry, Domestic Worker in a Private Household, Temporary Work – International Agreement, and Hong Kong British National (Overseas). As you can see, the 10-year route is NOT among the routes we just mentioned. Here, the applicant is allowed to leave the UK for “up to 180 days at a time“.

However, the allowance was not seen in sections 276 B to D of the Immigrations rules – it was merely published in the Home Office Guidance: Long Residence (Version 17.0), p 12 and the government gateway website for this route: https://www.gov.uk/long-residence/eligibility. Unfortunately, the Government’s explanation in this link is not very clear. On the one hand, it does refer to the “continual residence” requirement, but on the other hand, it explains “continual residence” differently from the Immigration Rules, which explained in the first section.

Clearly, the “continual residence” defined for the purpose of 10-year lawful residence route is more lenient than the one defined by section CR 2.1 of the Rules. There are still two things to bear in mind: one, the total days of absence for long lawful residence, within the ten years, are restricted to 540 days; two, the Home Office is obliged to consider whether your absence is “reasonable”. This is a soft test, so in your applications, you should give accounts to the nature and motivation of your absence, even if they are within the 180-day limit.

Is Spouse Visa Route subject to continual residence?

Here, the answer is no. Spouse visa is not mentioned in the applicable routes of Appendix CR. In Immigration Rules Appendix FM: Family Members (“Appendix FM” hereafter, it is the legal basis of spouse visas), there is no reference of continual residence or any mention of a specific number of upper limit for absent days.

However, this does not mean the applicant can leave the UK for however long he or she desires. Instead, what is in place is a test of “intention to live permanently”. Let’s look at it in more details. E-LTRP.1.10 (for extension, but is also a criterion for settlement as listed by E-ILRP.1.3.1A) says:

…since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.

Here, the Home Office requires a good reason for any period that the couple did not live together in the UK. This is again a soft test on reasonableness. Applicants must provide an explanation for any time during which they are separate OR not in the UK. Thus, a shorter but unreasonable period abroad may render your application ineligible; whereas a longer period, if accompanied with sufficient explanation and evidence, might not.

Conclusion

Above is an explanation for “Continual Residence” and some of its exceptions or variations. Please be aware that there may be other requirements on your absence from the UK (eg the 540-day restriction for 10 year lawful residence settlement). Different from requirements on income or English ability, your past experience in or out of a place is not something you can amend once it happened. To avoid unexpected disruptions, you should be careful about these rules from the beginning.

That being said, it is not necessary to restrict your mobility more than you are required to. Why not talk to us and find out what are the restrictions you are facing!

Have questions about this article? Get in touch today!

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

Email us on [email protected].

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!

James Cook

See Full Bio

Lisa’s Law wins Indefinite Leave to Remain appeal for Hong Kong client who spent over 2 years abroad

Lisa’s Law’s immigration supervisor, Mahfuz Ahmed, has recently been successful in an appeal of significant importance to our client. The case shows that a well-prepared appeal can lead to a fantastic result, despite our client not meeting the stringent criteria set out by the Home Office for indefinite leave to remain applications.

Background

Our client is a Hong Kong national who came to the UK in 2010, aged thirteen as a child student. He attended a boarding school here in the UK until the age of 18. Thereafter, he obtained a student visa to study his bachelor’s degree and following 10 years of being in the UK as a student he had accumulated 10 years lawful residence in the UK.

During our client’s studies here in the UK, he would return to Hong Kong on all term holidays to spend this time with his family. This meant that over the past 10 years, our client had spent almost 900 days abroad over the past 10 years.

Our instruction

The client approached us and instructed us to make an application for indefinite leave to remain based on 10 years lawful residence.

We informed the client that the requirements for indefinite leave to remain is that absences from the UK in the last 10 years cannot exceed 540 days and therefore the application would be refused, however we would argue his case at appeal on the basis that a refusal would breach our client’s rights under the European Convention of Human Rights and that absences should be waived on compassionate grounds.

As expected, the application for indefinite leave to remain was refused. The matter proceeded to appeal.

The Appeal

The Appeal was heard by the First-tier Tribunal, and we had no doubt that there would be great difficulty in persuading a judge that days spent outside the UK should be waived.

The Secretary of State argued that the requirements were clear, an applicant cannot spend more than 540 days outside the UK and there is no reason to depart from that. They argued that the decision ensures the maintenance of immigration control which is in the public interest.

Our arguments were as follows:

1. Our client over the past 10 years, coming to the UK at the age of 13 had built a private life here in the United Kingdom. He had become accustomed to life here in the UK.

2. Our client did not make this application for an economic advantage but solely because of his private life here in the UK.

3. The time spent outside of the UK between the ages of 13 and 18 should be disregarded as the client had no control and was simply following his parent’s orders.

4. The Secretary of State has historically granted settlement to people who have lived here for fourteen years, lawfully and unlawfully and so it is clear that she has in the past recognized that private life can be established over such a lengthy period. Our client been here in the UK now for 12 years.

5. The general and political landscape of Hong Kong has changed over the past 12 years and therefore the client would not be able to reintegrate.

The judge considered our arguments and agreed. He stated that the refusal of our client’s application did breach our client’s rights to have a private life under article 8 of the ECHR. The judge also agreed that cumulatively when considering the case as a whole, the appeal was both exceptional and compelling and outweighed the public interest in the client’s removal.

Accordingly, the appeal was allowed.

We prepared the appeal with great care, formulating what we believed to be key arguments that was not considered previously. The client was robustly represented at the appeal hearing and the appeal was successful.

Our Comments

We are extremely pleased with the result as our client who came to the UK at 13 can now stay in the UK indefinitely.

This case shows that those who do not meet immigration requirements due to compassionate or exceptional reasons should not be discouraged from proceeding with their case.

Should you require assistance in making an application for indefinite leave to remain, then do get in touch.

Have questions about this article? Get in touch today!

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

Email us on [email protected].

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!

James Cook

See Full Bio

Amazon held liable for Intellectual Property infringement by Court of Appeal! What are the consequences?

The online retail behemoth, Amazon, has been found by the UK Court of Appeal to have made a trademark infringement in a recent legal battle with Lifestyle Equities CV, a Netherlands-registered company.

The case, Lifestyle Equities CV and another v Amazon UK Services Ltd and others [2022] EWCA Civ 552, reinforces the fact that the trademark owner’s consent is required where a third-party seller is based outside the jurisdiction but supplies branded goods to a person within that jurisdiction. It acts as an important case study for the area of UK intellectual property law.

High Court decision overturned

The claimant, Lifestyle Equities is the owner of the EU and UK trademarks of the online fashion brand Beverly Hills Polo Club (BHPC). BHPC wished to prevent UK and EU customers from seeing the prices which its products were being sold for in the US. Lifestyle Equities alleged that by listing products bearing the marks BHPC on the websites amazon.com-usa as well as amazon.co.uk, Amazon were infringing the rights of Lifestyle Equities by using the trademark of BHPC.

While the High Court originally ruled that there was no targeting because it determined UK customers were aware they were buying through Amazon’s Global Store, the Court of Appeal’s judgement overturns that decision. The High Court had also determined that it would not be acceptable to prevent UK customers from viewing BHPC products on the US version of the Amazon website, as this would amount to censorship.

Court findings

By selling products from the US to UK-based customers without the consent of the relevant intellectual property owners of the products, Amazon was found to have breached IP infringement.

The court took several stages of the purchase process into account when determining whether or not Amazon breached intellectual property rights. Indeed, three factors led them to the conclusion that they eventually made.

Firstly, the search results page included the phrase ‘Ships to United Kingdom’. Secondly, the product details page also said ‘this item ships to the United Kingdom’ as well as twice saying ‘Deliver to the United Kingdom’. Finally, the ‘Review your order’ page also included a billing and shipping address in the UK. This was considered by the court to be proof of acts of infringement given that Amazon stated that products shipped and delivered to the UK. As a result, saying that products ship or deliver to the UK is enough to turn an advertisement into an offer targeting the UK.

Our thoughts

The decision by the Court of Appeal provides a warning to businesses which provide e-commerce, in particular, across borders. The fact that they may have obtained consent from IP owners to sell products in certain area does not necessarily mean that they are able to sell them unrestrictedly to other areas.

IP owners may have various reasons for limiting the sale of their products to certain areas, such as pricing, IP protection and competition. This has to be respected by retailers, wholesalers or distributors. In absence of express consent, the e-commerce companies will have to mark clearly the geographical areas where the products can be sold and decline orders from outside; otherwise, they will risk being sued for IP infringement.

Have questions? Get in touch today!

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

Email us on [email protected].

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!

James Cook

See Full Bio

As the UK government prepares to transfer the first group of migrants to Rwanda, what does the plan mean for UK immigration law?

Written by Stephanie Chiu

With the news that the Home Office is planning to send migrants to Rwanda imminently, the following article takes a look at the Rwanda Asylum plan and gives our legal perspective on the policy. The UK government signed the Asylum Partnership Arrangement with Rwanda on the 14^th April 2022.

As part of the plan, the government is planning to relocate some asylum seekers to Rwanda on a one-way ticket. The relocation plan will target single young migrants who have arrived in the UK since 1^st January 2022. The government intends to make the first transfer in the next few weeks.

Once transferred, Rwanda would take responsibility for those sent there. It said that migrants would be “entitled to full protection under Rwandan law” with equal access to employment and services.

The UK government is planning to invest £120 million into the “economic development and growth of Rwanda” as part of the arrangement.

The plan will last for 5 years and may be renewed every year upon request.

What are the current rules for claiming asylum?

Asylum applications must prove they cannot return their home country because they fear persecution due to their race, religion, nationality, social group and political opinion.

Their asylum application can include their partner and any children under 18 if they are in the UK as well.

Further changes to the asylum system

The Royal Navy will take charge of responding to small boats in the British Channel. There is an estimated cost of an additional £50 million for the new arrangement.

Migrants arriving in the UK will be sent to processing centres across the UK. In addition, there will also be a new asylum reception centre in Linton-on-Ouse, in North Yorkshire.

Our comments

This UK government plan is likely to be legally challenged under the 1951 Refugee Convention, the 1967 Protocol and the European Convention on Human Rights. The Convention should be applied without discrimination as to race, religion or country of origin.

While the UK has opened its borders to Ukrainians, other nationalities who have similarly fled persecution are going to be treated with cruelty. This appears to be a double standard based on race and religion which ignores the human dignity of those asylum seekers.

The UK government claims this arrangement can solve irregular entries across the English Channel. The idea of “extraterritorial processing” is not a new policy and has previously been implemented (then abandoned) by Australia who attempted to negotiate a similar deal with Rwanda until it was discontinued following a Supreme Court ruling in 2017. The experience of Australia shows that relocating asylum did not prevent attempts of boat crossings. Between 2014 and 2017, Israel also deported asylum seekers to Rwanda and Uganda. Many are thought to have left soon after and smuggled back to Europe as refugees.

Notwithstanding the other factors, Rwanda has human rights issues and been alleged of extrajudicial killings, suspicious deaths in custody, unlawful or arbitrary detention, torture, and abusive prosecutions, particularly in the targeting of critics and dissidents. UK government has been criticizing the human rights in Rwanda, called for investigations into the above allegations and has even accepted asylum applications from Rwandans in recent years. Would Rwanda still be considered as “safe place to live” as mentioned by the UK government?

Our advice for all those who have entered the UK and fear persecution upon return to their home country is to claim asylum immediately.

Have questions about this article? Get in touch today!

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

Email us on [email protected].

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!

James Cook

See Full Bio

Welcome Lily!

We are delighted to welcome our newest colleague, Lily Dai. Lily joins us as a Paralegal and has already made a great impression on the team and displayed her extensive legal knowledge.

Lily has recently passed her LPC/LLM and GDL from the University of Law, both with Distinction awards. Prior to her legal studies, Lily obtained a Master of Science in Knowledge Management at Nanyang Technological University and has extensive marketing experience with Chinese clients from her time in Singapore.

Lily has been taking on legal pro bono work for over two years in different areas of law in the UK. She has particularly strong interest in immigration law, family law as well as conveyancing law.

Lily is also fluent in English and Mandarin.

Have questions? Get in touch today!

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

Email us on [email protected].

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!

James Cook

See Full Bio

Lisa’s Law paralegal qualifies as a licensed conveyancer

We are delighted to announce that paralegal, Michael Hsiesh, who has been with Lisa’s Law since May 2018, has completed his qualifications and is now qualified as a licensed conveyancer by the Council for Licensed Conveyancing. Michael’s new title is Licensed Conveyancer Immigration Paralegal.

In addition to his conveyancing responsibilities, Michael also handles a number of immigration cases and will continue to do so.

As well as his newly acquired Conveyancing License, Michael holds a Graduate Diploma in Law from the BPP University of Law. He is also fluent in English, Mandarin, Cantonese and Malay, a crucial skill for a law firm like Lisa’s Law with clients who speak a range of different languages.

All of us at Lisa’s Law are very proud of Michael’s achievement and look forward to him continuing to providing a valuable service to his clients.

Why is being a licensed conveyancer important?

As a licensed conveyancer, Michael is now a qualified, professional property lawyer who specialises in the legal aspects around buying and selling property in England and Wales. Licensed Conveyancers can do everything that a Solicitor can do in a conveyancing transaction, given that they have the legal authority to act.

As a Commissioner for Oaths, he will also have the legal authority to administer and witness official documents. An example of this is an affidavit to swear that a statement is the truth.

The road to becoming a licensed conveyancer is not an easy one. To do so, the Level 4 and Level 6 Diploma in Conveyancing Law and Practise have to be completed. These must also be accompanied by 1200 hours of practical experience.

The Council for Licensed Conveyancing describes Licensed Conveyancers as someone who ensures “that all documentation, contracts and financial arrangements associated with buying or selling a residential or commercial property or piece of land are in order. They can do everything that a solicitor can do in a conveyancing transaction – they have the same legal authority to act.”

Have questions? Get in touch today!

To get in touch with us about our conveyancing services, give us a call on 020 7928 0276 or email [email protected]

You can also fill out our contact form here: https://lisaslaw.co.uk/#contact_us

James Cook

See Full Bio

Nationality and Borders Act 2022: Fixing a Broken Asylum System by Breaking It Further?

The Nationality and Borders Act, described as being the “cornerstone for the government’s new plan for Immigration” and fixing the “broken asylum system”, has received Royal Assent and become law.

For some time, the UK has faced increasing numbers of migrants travelling to the UK across the English Channel from France. Those on the right of British politics have promised to tackle illegal immigration for some time now, with the issue becoming particularly prominent during the Brexit debate and the consequences of the UK leaving the EU. Nevertheless, campaigners have often attributed Channel crossings by asylum seekers to a lack of safe and legal routes for asylum seekers to make claims for asylum in the UK.

The government’s solution to this has been to create a harsher asylum system in order to deter Channel crossings and combat “people smugglers”. The Nationality and Borders bill was fairly divisive and saw significant challenges in the House of Lords; however, the Government’s large majority in the House of Commons made it relatively easy for them to pass.

The Act has drawn particular concern among human rights organisations, migrant groups, and the legal community for creating a two-tier asylum system, which contravenes the 1951 Refugee Convention. Comparisons have been drawn between the UK’s plan to remove migrants who arrive in the UK by flying them to Rwanda and a previously strategy used by the Australian government, which also offshored migrants.

This article will look at some of the detail surrounding the Nationality and Borders Act and what impact it may have.

What are the objectives of the Nationality and Borders Act 2022?

According to the Home Office, the key objectives of the initial bill are as follows:

1. To make the system fairer and more effective so that the Home Office can better protect and support those in genuine need of asylum

2. To deter illegal entry into the UK breaking the business model of criminal trafficking networks and saving lives

3. To remove from the UK those with no right to be here

While most people wouldn’t disagree with these objectives, the reality of the policies have proved far more divisive, facing criticism from figures ranging from The Archbishop of Canterbury to former Conservative Prime Minister, Theresa May opposing the policy.

What does the Act do in reality?

Some have pointed out the disparity between how the government has framed the Nationality and Borders Act versus what many of the measures will actually do. Some of the key measures which the Nationality and Borders Act introduces include the following:

Introducing a two-tier asylum system, meaning those who arrive in the UK via irregular means may receive less protection and support. They may also be given different or lower quality accommodation
Increasing the standard of proof for establishing someone is a refugee
The Act will reduce the threshold over what is considered a serious crime and may lead to someone not receiving refugee protection
The Act will remove stages of appeal or fast-tracking of certain cases
It will introduce penalties for late submission of evidence, so that this is either taken to damage the claimant’s credibility or to affect the weight given to the evidence
Finally, it also gives the Immigration Tribunal additional powers. This is on top of those that already exist to fine lawyers for improper, unreasonable or negligent behaviour

In addition to this is the inclusion of offshoring asylum within the Act. A feature of the plan is to offshore asylum seekers who arrived in the UK illegally to Rwanda, in a deal made between the UK and Rwandan governments.

The Rwanda offshoring plan

While it was initially briefed by the Home Office that asylum seekers would be offshored to Rwanda for processing, it has now been confirmed that asylum seekers sent to Rwanda by the Home Office will be assessed with a view to starting a new life there. Whether the plan comes to fruition remains to be seen, as the Government have stated their expectation of legal challenges. Indeed, the plan has faced its first legal challenge by Instalaw.

Although the Home Office claim that the Act “puts into law that those who arrive illegally in the UK – who could have claimed asylum in another safe country – can be considered as ‘inadmissible’ to the UK asylum system”, this was already possible under the pre-existing immigration rules. The immigration rules under 345C state that “When an application is treated as inadmissible, the Secretary of State will attempt to remove the applicant to the safe third country in which they were previously present or to which they have a connection, or to any other safe third country which may agree to their entry.”

This may add weight to the argument made by some that the Rwanda plan represents something of a political stunt to bolster the idea that the government is dealing with immigration, something which a considerable number of voters wish to see dealt with in this post-Brexit environment.

Our thoughts

While we welcome the government taking steps to prevent unnecessary deaths in the English Channel, the potential contravention of the law in many areas of the Act raises cause for concern. There will undoubtedly be numerous legal challenges to the Rwanda policy in the months ahead, and many experts doubt whether the policy will ever truly take effect.

Furthermore, some of the rhetoric and desire to treat single male asylum seekers as different to others as well as the creation of a two-tier asylum system appears to undermine the principle of asylum itself.

There are other avenues which the government could have taken to fix the asylum crisis which it has chosen to ignore such as creating safe and legal routes for asylum seekers, however this does not appear to be a direction the current UK government is in favour of.

Have questions about this article? Get in touch today!

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

Email us on [email protected].

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!

James Cook

See Full Bio

Nearly 5 years after the Grenfell Tragedy, does the Building Safety Act do enough to make residential property safer?

The Building Safety Bill has officially received Royal Assent and become law. The legislation has been a long time in the making, with the national outrage which followed the Grenfell Tower tragedy in June 2017 leading to the resurgence of a national debate about the safety of properties in the UK.

Of particular concern for many was the cladding on the outside of the Grenfell Tower that was cited as being one of the causes of the disaster. Similar instances were found on the exterior of apartment buildings across the country. While the Building Safety Act has now become law, the government have advised that the measures and second legislation will take some time to come into effect – potentially between 12 and 18 months in some cases. They will be supported by more detailed regulations and guidance which have not been published as of yet.

What is the Building Safety Act?

The intention of the Building Safety Bill was to “put in place new and enhanced regulatory regimes for building safety and construction products, and to ensure residents have a stronger voice in the system”.

Put simply, the bill was introduced to make provision about the safety of people in or around buildings, as well as reinforcing the standards of buildings. However, does the Act do what it said it would do? Keep reading to find out.

Key features of the Building Safety Act

It introduces a new Building Safety Regulator at the Health and Safety Executive to monitor compliance within the new regulations. The Building Safety Regulator will have powers of oversight which will allow them to enforce the system as well as make sanctions against those who breach the rules. This introduces a ‘waterfall’ approach for building remediation for tower blocks taller than 11 metres. Building developers will be called on to pay first, followed by freeholders. If it is judged that neither have the resources to pay, then the cost will be passed on to leaseholders – with caps of £15,000 in London and £10,000 outside London. Notably, this also means that buildings less than 11 metres aren’t covered by the act.

The Act also introduces a New Homes Ombudsman to help those experiencing difficulties with their new homes. These people will be responsible for providing dispute resolution for and determine complaints by buyers of new homes against developers. Through this scheme, developers will be required to become members of it. They will also be required to provide complaints who have a legitimate case to be offered some form of redress.

Late amendments to the Act added a clause relating to construction product liability. This means that liability will be imposed on anyone who refuses to comply with certain construction standards.

As well as this, the Act introduces a new cause of action, allowing current owners to bring a claim against the party in breach. Most notably in relation to some of the evidence which was heard during the Grenfell inquiry, there is also the potential for liability to be imposed on manufacturers who could be accused of misleading or exaggerating the suitability of their products for a certain purpose.

Finally, the Act will also retrospectively open up the pool of people who can claim against developers by increasing time limits for liability claims. For general construction projects, the time limits will commence when the building is or was completed and run for 15 years. Furthermore, the time limit increases to 30 years for cladding on building projects which were completed before the Act came into force.

Failing to protect all leaseholders from cladding costs

Many of those within the property industry have expressed their dismay that the Act fails to fully protect those who were not at fault for the cladding crisis. Leaseholders who weren’t responsible for the cladding will not have access to the Building Safety Fund, something described by the leading membership body for property agents, PropetyMark as “unfair”.

Furthermore, the £10,000 or £15,000 cap will remain unaffordable for many leaseholders who had no idea of the consequences of the cladding on their building when they bought their homes in the first place.

Other industry experts such as the Chartered Institute of Building (CIOB) have criticised amendments such as the removal of a Building Safety Manager. Director of Policy, External Affairs and Research at the CIOB, Adam Tuttle, offered his opinion that the lack of a Building Safety Manager will lead to a ‘lack of clarity over the right competencies and training for those in the ‘accountable persons’ role’ and potential inconsistency in the implementation of Building Safety management regimes.

Before being scrapped by the Government, the role of the Building Safety Manager would have been to plan, manage and monitor fire and structural safety issues – a key reason for the Grenfell fire. The reason given for the removal of this role by the Levelling Up, Housing and Communities Secretary, Michael Gove, was to avoid “unnecessary costs”. However, this undermines the government’s initial intention to have one person who could be easily identified as being responsible for the safety of high-rise residential buildings.

Our thoughts

While the Act does not protect all of those who may be affected by the costs, measures such as a Building Safety Regular, retrospective action against developers and the ‘waterfall’ system which the Act introduces are still welcome.

Nevertheless, Michael Gove’s disdain for the idea of leaseholders not having to pay for the cost of cladding removal will provide little solace for the situation many leaseholders currently find themselves in.

Furthermore, with the Act taking years for its measures to take effect it will be a long time before we will be able to assess its impact or observe any benefits which come into effect through its existence.

Have questions about this article? Get in touch today!

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

Email us on [email protected].

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!

James Cook

See Full Bio

How should an estate legally be handled in the form of probate when a relative dies?

Losing someone close to you is never easy. If a deceased loved one listed you as an executor, you may also need to be strong enough to manage their property, money, and other possessions. However, UK law requires you to apply for a probate in accordance with the rules of law in order to make this arrangement. This process is called “probate”.

This article will tell you about how to apply for probate so that you can prepare in advance.

What is probate?

In England and Wales, probate refers to the legal and financial process involved in dealing with a person’s property, money and belongings (called assets) after their death. It is a legal document and confirms who has the authority to administer the estate of the deceased.

Put simply, before you can execute the deceased family estate, you need to go through the statutory process to obtain a probate. Once you receive your probate, you will have the legal right to take the actions specified in the will to enforce the assets of a loved one who has tragically passed away.

For example, an executor can close a bank account, sell a deceased person’s property, sell stock, transfer property to a beneficiary, or close an investment account.

Do I have to apply for probate?

No, many estate arrangements do not need to go through this process. However, if you are made executor in someone’s will, you may have to apply for probate. You may not need probate if the deceased:

Have joint ownership of land, property, shares or money – these will automatically pass to the surviving owners
Only have savings

Generally, you’ll want to check whether probate is required, for example, by contacting the financial organizations the deceased used (for example, their bank and mortgage company) to find out if you need probate to access their assets. Each organisation has its own rules and if you are not sure whether probate is required, please seek advice from HM Revenue and Customs (HMRC).

Who can apply for probate?

Who can apply depends on whether there is a will or not. If, in the case of a will, you are named as an “executor” in a will or a will update (called an “appendix”), you are eligible to apply for probate. The deceased will usually tell you if you are the executor. In such cases, you will need to send the original will along with the application for probate (copies cannot be used). The will is kept by the Wills Registry and will become a public record.

Normally, the deceased should tell all executors where to find the original will and any updates, such as:

At their home
At a probate practitioner, such as a lawyer
National Probate Registry in Newcastle – you will need a death certificate and proof that you are the executor

If you cannot understand the will, seek help from a citizenship consulting firm or a probate practitioner (such as a lawyer). However, if you cannot find the original will, you may need to complete form PA13. If there is more than one will, only the most recent will is valid. Do not destroy copies of any earlier wills until you have obtained probate.

So, what if there’s no will?

If the parties do not leave a will, the most “entitled” heir can apply to become the administrator of the estate. This is the closest person – usually the husband, wife or civil partner (including if you are separated), then any children 18 or older (including legally adopted children, but not stepchildren).

If you don’t have a husband, wife, civil partner or children, use the estate calculator to figure out who your closest relatives are. You cannot apply if you were the person’s partner but were divorced or separated at the time of their death and are no longer their husband, wife or civil partner.

What is the probate process?

The probate process varies from case to case, as each will and assets are different. Typically, this process involves five stages:

Stage 1: Registering the Death

You will need a copy of the death certificate for every asset of the deceased (for example, every bank account, credit card, mortgage, etc.), so before you start probate, you need to register the death. In England, Wales and Northern Ireland, you usually need to do this within 5 days, and in Scotland it will take 8 days.

To do this, go to the registry where the death occurred – use Gov.uk to find it, you may need to make an appointment.

Stage 2: Investigating Heritage Values

In order to understand the assets of the deceased and make decisions about estate tax, you will need to value the estate. You can perform a valuation according to the following steps:

Step 1: List property and assets and make a valuation. List the property owned by the deceased and estimate its value. Contact all relevant banks, building societies, insurance companies and any other relevant organisations to obtain appropriate valuations for other assets. This includes stocks and shares, liabilities, and any life insurance payouts.
Step 2: List and evaluate common assets. You will need to list and value any common assets. These are assets jointly owned by the deceased and another person, such as a property purchased in the names of both persons. Estimate the sale value of these assets on the open market – then divide that value by 2.
Step 3: List Gifts and Estimate. Gifts made within the 7 years prior to a person’s death need to be considered when valuing an estate. Monetary gifts are easy to value. Gifts should be valued based on their sale value on the open market.

Stage 3: Inquiry and Payment of Inheritance Tax

Generally, estates worth more than £325,000 are subject to estate tax. If the total value of the deceased’s estate, including gifts over the past 7 years, is more than £325,000, you will need to pay estate duty to HM Revenue and Customs (HMRC) and need to organise the payment of estate duty using Form IHT400.

However, even if the value of the estate is below the threshold, you will still need to complete an estate tax form (IHT205 tax form) to confirm this. Then apply to the Wills Registry for a grant of representation – a document that confirms who has the legal authority to administer the estate.

Stage 4: Submitting an application for probate

Once your estate has been valued, you will need to submit an Application for Probate (PA4P), which can be done online or using a paper form.

This part of the probate process involves filling out numerous forms. If you need guidance while filling out the form, you can contact the Probate and Estate Tax Helpline and they will guide you over the phone. Alternatively, you can hire a team of Lisa Solicitors and we will assist you in this process.

Stage 5: Paying the probate fee

If the estate is worth more than £5,000, it costs £215 to apply for probate. Probate is free if the value is less than £5,000. The fee for each additional probate document ordered is £1.50. Every will and the assets owned are different from person to person, and you may also include other expenses, such as attorney fees, which also vary from business to business.

How long does probate take?

Once you have sent the necessary documents, you should receive your Probate or Letter of Administration within 8 weeks, it may take longer if you need to send more information. In the first two years, some had to wait 14 weeks or more due to delays due to the system being updated to an online format and the impact of labour shortages during the pandemic.

Our advice

The family law team of Lisa’s Law Firm has participated in the process of probate for many families. Through our past experience, we have summarized a few tips for you, which can save you energy and avoid risks:

First, understand the role of the executor in the will in advance.

It’s a good idea to know the role of the relative’s executor early on. Before starting the probate process, first you need to see who is in charge of administering the estate. If you learn that you are the named executor, you need to know the entire process ahead of time. You can also appoint a lawyer to represent you if you feel you are not capable of doing so, or decline the role by signing a waiver.

Second, make a list

For each asset in the estate, you need to confirm its value on the date of death, include it in your estate tax return, and eventually you need to sell or transfer it to the beneficiary, and all liabilities need to be recognized and paid. So, having a good list will help you keep track of your situation and make sure you’ve got everything covered.

Third, use professional help

A professional lawyer can take on the heavy lifting of managing the estate; a good real estate agent will help you with an empty house, for example, they can organise garden maintenance, watering and minor repairs; a good auctioneer will value the items , arrange clearance and sell what they can. So, if you have enough budget, when dealing with the estate of a deceased loved one, you might as well ask a professional to help you, which can help you with many worries

Fourth, keep assets safe

Remember that you are responsible for all physical assets – once you have identified them, you need to know where they are and insure them.

Well, this issue of sharing is here. While many times the executor can take on this stage on his own, we again nagging that you are better off using a lawyer, especially for some complex wills.

If you need help with the above, please contact Lisa Lawyers immediately, we have many years of experience in this field and will provide you with professional legal advice.

Have questions about this article? Get in touch today!

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

Email us on [email protected].

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/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio