A new 5-year settlement visa for BNOs, who is eligible?

According to an announcement made this month by Foreign Secretary Dominic Raab, the UK will target people holding BNO (British National Overseas) Status a new visa route with the possibility of permanent residency further down the line.

This route allows people from Hong Kong with BNO status to apply for a one-off visa for 5 years. This new five-year visa will allow BNO holders to work, study and reside in the UK. Their freedoms will be granted without question.

Also, after holding this visa for 5 years, the person concerned can apply for permanent residence in the UK directly. One year after obtaining permanent residence, they will be eligible to apply for British citizenship.

However, who actually qualifies as a BNO?

According to the latest statistics updated by the UK Home Office, it was noted that as of February 24, 2020, there were a total of 349,881 BNO passport holders; however the actual number of Hong Kong residents with BNO statues is estimated at 2.9 million.

It is important to note that the BNO is not a new status, meaning it is not possible for a person who does not already hold a BNO status to apply for a new one.

The BNO status was a ‘transitional policy’ given by the British government before the reunification of Hong Kong with the People’s Republic of China on July 1, 1997. Most people have not been able to file a new application after that date; late applications are normally not accepted by the HM Passport Office

Hong Kong residents with BNO status can generally be distinguished as follows:

The person who has registered for BNO status on or before 30 June 1997 (whether or not they have a valid BNO passport currently, expired or lost).

Children born before 1 July 1997 whose parents have BNO status and whose names are mentioned in their parents’ BNO passports (i.e the child is listed as an ‘Included Child’ in parents’ BNO passports, even if the child has never registered in the past.)

In the case of persons born between 1 January and 30 June 1997, the deadline for applications was September 30 1997. (i.e, such clients must have registered for a BNO before September 30, 1997, unless both of their parents are BNOs and their names are mentioned in the Children/Infants section of their parents’ BNO passports.

So, for many people the current situation is likely to be that they do not have a BNO passport on hand (e.g meeting point 2 of the above), or that the passport has been lost or expired.

In that case, if the person wants to ensure that he or she has a valid BNO status, he or she will need to go ahead and apply accordingly:

The original BNO passport has expired:

All such persons need to do is apply for a Renew, which can be done by following this link: https://www.gov.uk/overseas-passports

For a ‘renewal’ application, the following documents are generally required.

The original of the old BNO passport (i.e the expired passport that was originally held).

A double-sided colour photocopy of the Hong Kong Permanent Identity Card.

All currently valid passports (unexpired passports, such as SAR passports or other non-UK passports) in your possession must be provided with colour copies of all pages.

Proof of address for the last 12 months.

First application for a BNO passport:

Applicants will generally need to submit the following additional documents in addition to the above.

The birth certificate of the person concerned and of his or her parents.
Parents’ marriage certificate.
Declarations signed by counter signatories.

Who can be a counter signatory?

Person holding British, EU, Commonwealth or US passports and,
Requires knowing the applicant for at least 2 years or more.
Cannot be a family member of the applicant.
Must be a professional recognized by the UK Home Office, i.e must be an accountant, lawyer, teacher, journalist, etc. (All subject to a list of approved occupations which can be found here: https:www.gov.uk/countersigning-passport-applications/accepted-occupations-for-countersignatories)

The Original BNO passport has been lost:

Such persons will need to apply for a ‘lost’ passport before they can apply for a BNO passport.

The link to request lost information is https:/www.gov.uk/report-a-lost-or-stolen-passport

The link to apply for BNO passport afterwards is: https:/www.gov.uk/overseas-passports

How do I check if I already hold BNO status?

Parties can try emailing the HM Passport Office: DPA.Queries@hmpo.gov.uk

When contacting them, you need to indicate in the subject line of your email: SAR (Subject access request) – British National Overseas passport.

In the email the person should provide their name, date of birth, place of birth, a scanned copy of their ID card or Passport, and indicate that they want to check their BNO status, and whether they want the results to be posted to them or sent via email.

Have questions? Contact us today!

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With COVID-19 still in Sight, Redundancy Wave has Arrived!

One of the major fallouts of the coronavirus pandemic is the effect it has had on people’s livelihoods and careers. At the start of the year many people in work would have assumed their place was relatively untouchable if they continued to work hard and fulfil the role they were brought on to do. However, with the pandemic bringing so many industries to a halt, it is not surprising that employers are having to lay people off due to the reduction in business over the past few months.

Is my redundancy fair?

If you find yourself being made redundant, it is important that you have the right information in your arsenal, so that you can check you are not being unfairly dismissed according to the Employment Rights Act 1996.

Redundancy essentially means that your job role no longer exists within the company you have been employed by. This means that when you are made redundant, there is nobody coming in to replace you. If there is, that means the job role still exists within the company and you have been unfairly dismissed.

Your employer is entitled to merge a couple of roles together, or share out the work you were doing out to a few other colleagues, but they cannot outright replace you.

You can only be made redundant if the job you are doing is no longer needed. This can happen if your employer is planning to:

change what the business does
change location
change how they work, for example use new machinery or technology
close part or all of the business

You cannot be made redundant because of any work issues you may have had. For example if your employer is not happy with your performance or you have made a complaint at work.

Selection process must be fair

If multiple people are at risk of redundancy, the employer must look at objective criteria when making the final decision. These criteria will typically include things such as: attendance record, skills and experience, work performance standard, disciplinary record.

Criteria such as attendance and disciplinary records can easily be verified from checking HR records. It is the more subjective criteria like skills and experience, or work performance standards that may be based on the personal opinion of whoever is doing the scoring. There need to be checks and balances for justifying the scoring, including checking records of past performance appraisals and peer reviews etc. Your redundancy may well be unfair if your employer cannot show that they have objectively determined their score for you.

It is important that you are not selected for redundancy based on any of the following:

age
disability
gender reassignment
marriage or civil partnership status
pregnancy or maternity leave
race
religion or belief
sex
sexual orientation
family related leave – for example parental, paternity or adoption leave
role as an employee or trade union representative
membership of a trade union
a part-time or fixed-term contract
working time regulations – for example if you’ve raised concerns about holiday entitlement or rest breaks
concerns you’ve raised about not being paid the National Minimum Wage

Essentially, your employer must not use criteria that indirectly discriminates against you. Also, while you usually need 2 years’ service to cite unfair dismissal, the above reasons would qualify as ‘automatically unfair’ dismissal – there is no qualifying time period.

Employer must consult you about the redundancy

If you are at risk of being made redundant, your employers must explain to you in writing what they are planning to do. They should let you know why the redundancies are happening, the amount of employees that will be affected, what the redundancy process is going to be and how redundancy payments will be calculated.

Employers should give you the opportunity to propose any alternatives to the redundancy and to raise any issues that you may have with the situation. In some cases they may also give you information about what other roles might be available in the organisation that you could take on, instead of being made redundant.

Redundancy rights and Pay

You have redundancy rights if:

you are legally classed as an employee
you have worked continuously for your employer for 2 years before they make you redundant

Remember, during the COVID-19 pandemic you are still entitled to redundancy pay and the same redundancy rights as usual.

Redundancy pay

How much redundancy pay you get depends on:

your age
how long you’ve worked for your employer

Redundancy pay is based on:

your earnings before tax (gross pay)
the years you’ve worked for your employer
your age

If you are aged 22 or under

Your employer must give you half a week’s pay for each full year you’ve worked.

If you are aged 22 to 41

Your employer must give you:

1 week’s pay for each full year you worked after age 22
half a week’s pay for each full year you worked before that

If you are aged 41 or over

Your employer must give you:

1.5 week’s pay for each full year you worked after age 41
1 week’s pay for each full year you worked when you were between 22 and 41
half a week’s pay for each year you worked before age 22

Your employer must tell you in writing how your redundancy pay has been worked out.

How you will get paid

Your employer should tell you:

when you will get your redundancy pay – this should be no later than your final pay date, unless you both agree another date in writing
how you will get paid, for example in your monthly pay or separate payments

Up to £30,000 of redundancy pay is tax free. Also, you can only get 20 years’ worth of redundancy pay.

Giving notice

Employers must give staff at least the statutory notice period, based on how long they have worked.

Length of service	Notice employers must give
1 month to 2 years	At least a week
2 years to 12 years	A week’s notice for every year employed
12 or more years	12 weeks

Pay in lieu of notice

If there was a payment in lieu of notice clause included in the employment contract, employers can end staff’s employment with no notice. Instead, employees will receive a payment to cover the notice period you would have worked.

In other words, employers can allow staff to leave earlier than the planned leaving date (for example without notice) by offering payment in lieu of notice. These payments must have tax and National Insurance deducted.

We are here to help you!

We know that redundancy can be an extremely worrying thing to go through, and you might feel ill-equipped to deal with it and not know exactly what your rights are or what you might be entitled to.

We can guide you through this tough time, and make sure that you are not being unlawfully dismissed. We can make sure you get the redundancy package you deserve, and nothing less.

For employers, it is also equally important to understand the procedures. It is advised that employers should seek professional legal advice before making staff redundant, especially when you are not sure about your obligations.

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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Migrants who face imminent destitution can also apply for public funds now

The Home Office has just updated their policy on public funds. The amended policy will allow migrants who face imminent destitution, not only those who are already destitute, to apply for public funds, which is clearly another positive step forward.

Online applications for access to public funds have already been available to certain migrants who are finding themselves with nowhere to live and no means of supporting themselves or their families, as the Home Office attempts to react to the massive impact COVID-19 has had on many people’s livelihoods.

You are able to apply if:

You have leave to remain under the 10 year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under ECHR Article 8 (the right to respect for private and family life).

You have leave to remain on the basis of other ECHR right

You can also be eligible to apply if you have leave to remain under the 5 year partner/parent route. If you are accepted they would be considered to have moved on to the 10 year route to settlement and as such any future applications for leave will be considered under the 10 year route.

Essentially, this option is only open for migrants in the UK under Discretionary Leave (DL).

What does change in conditions mean?

The Home Office will only accept your application if you can provide evidence that your financial conditions and place of residence has changed significantly in a negative way since you made your initial applications, or if you had failed to provide evidence of your actual situation then, and wish to do so now.

You will need to prove that:

you are destitute

there are particularly compelling reasons relating to the welfare of your child on account of your very low income

there are exceptional circumstances in your case relating to your financial circumstances

you are at risk of becoming destitute.

Someone is destitute when:

they do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met)

they have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs

they are at risk of destitution if either or both of the above are imminent.

How can the change of conditions be proved?

It is up to the applicant to provide adequate evidence of their changed situation, and if they are unable to do so to the Home Office’s standards the application will be terminated.

Here are some examples of the types of thing the Home Office will be looking for in terms of evidence:

6 months bank statements for all accounts held by all members of your household, even those belonging to children or ones that are rarely used. These should be fully annotated to explain significant/regular transactions

recent pay slips accounting for the last 6 months

breakdown of monthly income and expenditure

recent tenancy agreement or mortgage statement

recent utility and other relevant bills

recent P45 / P60

letter confirming duration of employment, the hours worked and salary (the person writing should state their position in the company and provide contact details)

recent letter from Local Authority confirming that support is being provided

recent letter from registered charity or other organisation providing support

recent letters from family or friends who are providing support, giving full details regarding the extent of this and how often it is provided

recent letter confirming that you or your spouse or partner is in receipt of public funds

Alongside this evidence you will need to:

complete your application online

provide your existing Biometric Residence Permit (BRP) where relevant, or passport (including your Leave to Remain vignette where relevant)

include documentary evidence that you meet the policy on granting recourse to public funds.

Timeframe?

As far as we can tell from the Home Office guidance on this topic, there is no standard timeframe on which these applications will be processed and the applicant can start receiving funds. However, it does say that Home Office caseworkers will make reasonable efforts to decide such requests promptly, especially those involving a child or an applicant who is street homeless, disabled or otherwise in vulnerable circumstances.

So, we would hope that applicants will not have to wait too long before receiving some form of communication back from the Home Office.

What do we think of this?

It is good to see the government is reaching out again to people who find themselves in difficult circumstances, and we hope that applicants who really need access to public funds are able to get them without waiting too long.

However, we must ask one question: what about people on other types of visas that find themselves at risk of becoming destitute, like Tier 1, Tier 2 visas? Should they not have, at least, the chance to apply for public funds, even for temporary period without affecting their immigration status.

The current pandemic is beyond any individual’s control. Migrants are more vulnerable in some sense. Should the time arrive calling for more assistance from the government to these people, more flexible and reasonable approach should be taken. It seems very unfair to allow certain people to try and prove their situation but completely ignore those on alternate types of visas.

Have any questions? Contact us today!

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PhD students to get 3 years PSW visas and all other graduates 2 years – the UK has opened its arms to global talents

The UK’s desire to becoming a leading scientific superpower has taken its first steps today, with the new Research and Development Roadmap being revealed by the Business Secretary Alok Sharma.

What are the key points of this plan?

Attracting and retaining global talents
Government to ensure UK is the best place in the world for scientists, researchers and entrepreneurs with new and ambitious R&D Roadmap.
Roadmap sets out vision to attract global talent, cut unnecessary bureaucracy and cement the UK as a world-leading science superpower.
significant £300 million government investment will upgrade scientific infrastructure across the UK.
new Office for Talent set up to make it easier for leading global scientists, researchers and innovators to come to the UK.

Attracting global talent

There will be a new graduate route in place to support this scheme by attracting the brightest and best minds from around the globe. Under the route, international students who complete a PhD degree will be granted 3-year PSW visa from Summer 2021. This means that they can stay in the UK for 3 years after study to live and work.

Previously, the Home Office has announced that students who have successfully completed undergraduate and master’s degrees will be granted 2-year PSW visa.

The above combined measures will make it easier for some of the best, young international graduates to secure skilled jobs in the UK and contribute to economic growth.

This can only be a good thing for the UK as a country, and for people looking to break into the scientific field of their choice after they complete their studies.

In addition, the announcement also indicates a shake-up of Tier 4, which will be relaunched as a “student route” this autumn. The ‘improved’ student route will have some extra benefits. For example, extending the window in which prospective students can make visa applications, removing study time limits at postgraduate level and allowing all students to switch to another type of visa from within the UK.

Existing students and those who start their course this autumn will benefit from these changes, once they have been introduced.

One thing to note is that all the graduates must graduate from an education provider which has a “track record of compliance”, in order to benefit from the new graduate route.

What does “track record of compliance” mean?

Essentially, it means that the universities have done everything above board when accepting foreign students into their ranks, and have passed a series of compliance assessments over a four-year period to gain the status of Higher Education Provider.

It is really an administrative issue, and it could be seen as very harsh if a student was unable to get onto this new graduate scheme due to their university not being seen as compliant by the government, as it is unlikely that the student would have any idea about this when choosing to attend that particular university.

Many possibilities

One of the best things about this Graduate visa, from the applicant’s point of view, is that the visa holder is allowed to take on any job at any skill level. They do not have to take a job in an academic field.

Also, once being granted PSW visa, migrants will be able to switch into “skilled work” at any time during its validity. In other words, they are likely to have an easier route to obtaining a Tier 2 (General) work visa, but will need to meet its skill and salary thresholds when they come to apply.

Unfortunately, time spent on the Graduate visa will not count towards settlement. Migrants will need to spend five further years as a Tier 2 (General) visa holder to qualify for indefinite leave to remain.

Of course, it is also worth to note that if they can qualify for 10 Years Continuous Lawful Residence, they can still apply to settle in the UK – even if they have not hold the Tier 2 Visa for the full 5 years.

All good, but…

This is clearly a great news to those international students studying in the UK. It will inevitably attract more talented students to come, study and stay here. It will enable them to get their foot in the UK job market much more easily. However, surely is it reasonable to exclude their time on PSW visas from their settlement residence eligibility if they immediately start working in this country?

Further, is the Home Office expecting all international students to carry out due diligence on universities’ compliance record with it before deciding which one to enrol with? In particular, when such record is rarely in public domain and difficult to find?

Instead of shifting the blame onto innocent students, it is our view that the Home Office should face up its duty by strengthen their monitoring of the register of Tier 4 sponsors and removing any one which has naughty record, so that they will not be able to sponsor international students.

Have any questions? Contact us today!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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July 2, 2020
Law Firm, Lisa's Law, Solicitor, Team

Success after Success for Lisa’s Law!

Here at Lisa’s Law we place an immense amount of value in our team because we know that they are the very heart of our firm. We all work as one to make sure our clients are receiving the best quality service from the most knowledgeable and attentive caseworkers possible.

This is why we absolutely love to see our team thrive in their careers and smash their goals. This month two caseworkers, Lavinder and Stephanie, have passed some huge individual milestones, and we could not be happier for them!

Lavinder Kaur has proven to be such a valuable asset for us since joining back in 2018 as a Foreign Lawyer, after gaining her Certificate in Legal Practice in Malaysia in 2015. She has once again displayed an incredible amount of dedication to pass her QLTS assessments and qualify as an English Solicitor!

We are not surprised as Lavinder has always been an inspiration in the work she has done for us, her legal knowledge is vast and continues to grow as her illustrious career continues down a very successful path! Well done Lavinder!

But that’s not all!

Stephanie Shi is one of our longest serving and most experienced case workers, having joined us in 2015 and since then has successfully conducted over 800 immigration cases. Stephanie’s clients are always so pleased with her work and know that they are in safe hands when she takes their instruction, from beginning to end.

Stephanie qualified as a lawyer in China over 20 years ago and it is such a joy to reveal that Stephanie has been awarded her Senior Caseworker Accreditation with the Law Society’s Immigration and Asylum Accreditation Scheme! This is such a fantastic step in Stephanie’s career, and represents her amazing legal knowledge and unwavering work ethic which makes her a real star in our offices! Congratulations Stephanie!

Need legal advice? Contact us now!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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Splitting assets in a divorce – How does it work?

Divorce is always going to be a difficult thing to deal with, and there is no definitive guidebook that everyone can turn to when figuring it out. Each divorce, like each marriage, is unique. A couple will spend so much time building a life together, it is only natural that they will also accumulate wealth, property and goods together.

But how is all this divided when the couple breaks up?

Here are some of the main factors that will be taken into account by us as your solicitors, and by the Court:

When the asset was purchased or accumulated.

Whether the asset considered has been treated by the couple as part of their matrimonial assets.

Income and earning capacity, property and other financial resources that each spouse has or is likely to have in the near future.

The financial needs and responsibilities which each spouse has or is likely to have in the foreseeable future.

The ages of each spouse.

The duration of the marriage.

Any physical or mental disability of either spouse.

Roles in the marriage or civil partnership, for example if one person was the main earner while the other acted as primary care giver.

Before we go into further legal detail on this topic, there are some general behavioural tips to bear in mind which will help the splitting of assets go as smoothly as possible.

Be civil and honest with each other

While this is easier said than done, the entire process will be over much quicker if you are able to reach agreements together in advance. It is important to know what is rightly yours as an individual and what needs to be split. This will all be much easier to deal with if both parties are transparent with one another.

Prioritise the needs of your children

If you have children, especially if they are young, the court will take into account the fact that they need somewhere suitable to live with each parent. As parents, it’s important to keep the needs of your children uppermost in your minds at all times during a divorce or dissolution.

When it comes to children, disrupting them as little as possible must be a top priority.

So, how can property be divided?

When you divorce or dissolve your civil partnership, there are quite a few options you have about what you do with the family home.

Firstly, you can decide to simply sell the home and both of you move out. The money that both get from this could be put towards buying yourselves a new home each, if you can afford to do this. This is usually the easiest option.

Another simple option, if it can be agreed upon, is one person buying the other out of the property. This can be a good route if one person really wants to stay in the same location, while the other wants to seek pastures new.

Thirdly, it is possible transfer part of the value of the property from one partner to the other as part of the financial settlement. The partner who gave up a share of their ownership rights would keep a stake or ‘interest’ in the home, receiving a percentage of its value when the property is sold.

Making a claim for a share of the home’s value

If the home is only in one of the partners’ names, it is possible for the other to make a claim for a share of its value. For example, you might be able to establish a ‘beneficial interest’ if you have paid towards the mortgage, or towards improvements or an extension of some kind.

It is also possible to have ‘beneficial interest’ if your ex-partner bought the home in his or her name but you had an understanding or agreement that you would have a share in its value when it was sold.

Splitting a business

Divorce is likely to have an impact upon any business if either spouse owns one. Interestingly, a business is considered to be as much of an asset as the matrimonial home. When coming to a decision, the Court will consider the value of the business together with all the other family assets, and split them all as they see fit.

If you or your partner own a business outright or are a significant shareholder, a valuation of that business will be required. This valuation will be included as part of a financial settlement in the divorce.

The valuation can be a complex process as it depends upon:

Income from the business
Business assets such as property, stock, machinery, vehicles etc.
The value of any pensions
Whether or not it is possible to extract capital sums from the business
Whether or not it is possible to borrow money against the business or its assets
The ownership structure of the company

How about personal possessions?

We have all seen it before in films and television shows where a divorcing couple argue over who gets to keep the record collection, or the big sofa. It does not always have to go this way.

When thinking about furniture and cars, start by working out where you both will live after you separate as this can help ease the decision one way or the other.

For example, are you both going to need to furnish new properties? If so, divide up the furniture as fairly as possible so that the items you both have are of equal monetary worth.

Have questions? We are here to help!

Here at Lisa’s Law, we understand how difficult a divorce can be, and we will do everything in our power to help you through it. We are a shoulder to lean on as well as legal professionals.

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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Visas for the sole representatives of overseas businesses – What are they?

It is not always easy for a business to expand into a new market. Among others, culture, market conditions, law and tax systems can be completely different. It is natural that the business may want to send someone as its representative to the new market to establish a certain presence before it eventually decides whether it should commit more to the new market.

To enable international businesses to set up and develop in the UK, the Home Office has for some years been administering a type of visa: visas for representatives of overseas businesses.

As with all other type of visas, under the Immigration Rules, there are extensive requirements about both the business and the person chosen to represent it. Unless such requirements are satisfied, the business representatives will not be allowed to enter the UK.

A unique kind of visa category

The representative of an overseas business category is an employment category which exists outside the Points-Based System (PBS). No sponsorship by a UK-based employer is required, which makes it an attractive category for many people. The category provides a route of entry and stay in the UK for:

senior employees whose role is to be the sole UK representative of an overseas business which seeks to establish and operate a registered branch or wholly-owned subsidiary in the UK, and
media employees of overseas newspapers, news agencies or broadcasting organisations who are being posted by their overseas employer on a long-term UK posting.

This category was first introduced on 1 October 2009. It amended the previously existing categories for sole representatives of overseas businesses and representatives of overseas newspapers, news agencies or broadcasting organisations. Additional restrictions to the sole representative aspect of the category were added from 4 June 2020, including the addition of a subjective ‘genuineness’ requirement.

Summary of the key facts:

The main requirements for leave as a representative of an overseas business include, that the person genuinely:

is an existing employee of an overseas business which has and will continue to have its headquarters and main place of business outside the UK

a senior employee whose role is to be the sole representative of the business in the UK and to establish and operate a registered branch or wholly owned subsidiary in the UK, or

an employee of an overseas newspaper, news agency or broadcasting organisation being posted on a long-term assignment.

Eligible applicants must also be able to demonstrate English language competency at, or above, Common European Framework of Reference Level A1.

They must be able to maintain and accommodate themselves and any dependants without relying on public funds.

What is a sole representative?

Sole representatives of overseas companies must have the following attributes:

They will usually have been recruited and employed outside the UK by the overseas business in a senior job role.

They may have a track record of setting up branches or subsidiaries for other businesses, if they have been employed specifically to undertake this current role.

They should have the authority to take operational decisions once in the UK, as indicated by their role in the overseas business’s hierarchy.

Sole representatives must be a direct employee of the overseas business at the point at which initial entry clearance is applied for. The UK branch or subsidiary can employ the sole representative at a later date, however if they are employed in a role which means they no longer have sole executive responsibility for the direction of the branch or subsidiary they will need to switch into a Tier 2 visa route under the points based system.

Sole representatives cannot be:

An agent hired to market the business’s products in the UK (they are normally self-employed and provide services for a fee).
A sales representative or buyer who only fulfils that role for the business: however, senior sales staff who are also responsible for other functions, for example, marketing and distribution, may qualify as a representative of an overseas business.
A secretary or personal assistant accompanying a sole representative.

Terms of employment as a sole representative / salary and hours:

Sole representatives cannot own more than 50% of the shares of the business. They must be considered an employee of the business, not a co-owner.

If the applicant is an employee, the Home Office will normally expect most of the following to be true for successful applicants:

They are required to work regularly except when on leave and have a minimum number of hours they are expected to work.

They have a salary and can expect to be paid for the work they undertake for the business.

They report to someone more senior than themselves in the overseas business and are subject to performance management and disciplinary procedures.

They get paid holidays, sick pay and maternity or paternity pay.

Their employment contract sets out redundancy procedures.

Their employment contract uses terms like ‘employer’ and ‘employee’.

Sole representatives must work full-time but this does not need to be linked to a set number of hours a week. The overseas business must be paying a full-time salary, for example, that is enough for the sole representative to support and accommodate themselves and any dependants without taking other work or relying on public funds.

A new addition to the requirements – “Genuineness”

The Home Office now has the right to request further information to go with the application, in order to waive any doubts about the genuineness of the applicant. If the applicant is unable to provide adequate information in the timeframe that the Home Office asks for it, the application will be refused. The applicant may also be required to attend an interview.

This will not be the case for the majority of applicants, the further confirmation of genuineness will only occur if the Home Office have a reason to believe there is some foul play going on.

Some reasons for the Home Office to suspect foul play include:

the overseas business has only a small number of staff or trading premises

the overseas business has only been set up recently

the overseas business only has a trading presence in one other country and no track record of international expansion

there is little evidence of the overseas business’s trading presence and business activities (whether physical or internet-based).

What do we make of this category?

This is a great category when used correctly, and allows for all different types of people to come into the UK and help the business they represent thrive in the UK. It is a win-win situation.

Although a sole representative should not be deemed as an entrepreneur, setting up a new branch or subsidiary is, in some ways, an entrepreneurial process. This visa category can therefore be seen as an alternative route for people who want to start a business in the UK.

What is more, the Home Office allows any kinds of visa holders to switch to a different type of long-term UK visa until 31 July 2020 from within the UK if their leave expires between 24 January 2020 and 31 July 2020. We at Lisa’s Law believes that this should also include people who want to apply for a Representative of an Overseas Business visa, so long as they meet the requirements.

You can check out the full guidance here.

Have questions? Get in touch!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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Finally some light at the end of the tunnel? – Property transactions in May see a slight rise

HM Revenue and Customs (HMRC) presents monthly estimates of residential and non -residential property transactions in the UK and its constituent countries, and as you’d expect that last couple of reports have shown a downward trend due to the COVID-19 pandemic.

You can check out our report on the April report here: Lowest rate of property transactions for over a decade! But how can you benefit?

The most recent report is more positive, with rates of property transactions on the up. It might not be the most significant rise, but it is certainly an indicator that a return to normality is on the horizon.

What do the numbers tell us?

As you can see from the above chart, the usual amount of transaction of residential properties in the UK fluctuates between 80,000 and 100,000 each month.

Since COVID-19 started making headlines late last year, and more so in the early months of 2020, these numbers have steadily dropped. For April they were right down to around 40,000 – less than half of the usual amount.

These drops are a result of people feeling uncertain about their futures in the current climate. People found themselves worrying about their job security, the health of their family and themselves. Understandably, this can make completing any house hunting goals quite difficult.

Moving from April to May, however, we can see things moving upward. This coincides with restrictions being lifted and more people following through on their plans to buy and sell property. The world is beginning to be less paralysed by COVID-19.

While the numbers are almost half of those in May 2019, they are 16% better than April 2020 – so it can only be seen as a good thing for the market in terms of the current climate.

As you can see, the trend is very similar for non-residential properties:

Note: Non-residential property includes commercial property; agricultural land; forests; any other land or property which is not residential; six or more residential properties bought in a single transaction, and mixed use transactions.

The market is open for business, and we are here for you!

Even though COVID-19 is still having a major effect on the world, these numbers show us that we are on the road to recovery. It is nice to see this upward trend, and we hope the property market improving will pave the way for all other aspects of everyday life to improve alongside it.

If you have any questions about buying or selling property, we are here for you. We have lawyers specialising in property and conveyancing ready to guide you every step of the way.

Have questions? Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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

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lisaslaw@web

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Pubs and restaurants may have to register all customers as hospitality industry re-opens

Decisions on relaxing the 2-metre distancing rule and reopening hospitality on 4 July are expected to be finalised at a meeting of the government’s Covid-19 committee today.

The committee will also be discussing the option of customers having to give their name and contact information on entry, as a means of keeping track of who has been in the establishments. This way, if someone who has been in the venue finds out they have COVID-19, they could let the the business know when they were there so that people who were there at the same time can be notified.

This method is already being used in New Zealand, where pubs and restaurants must record a guest register and carry out regular head counts to trace potential outbreaks of coronavirus.

Matt Hancock, Secretary of Health and Social Care, said:

“What would happen is you would ensure that when you take bookings, you take down contact details so that if someone tests positive and has been in that venue… you’ll be able to contact the people who might be at risk.”

There are some concerns from those who work in the industry, mainly about how they will get their customers to voluntarily give up such data, and also the potential cost of registration systems.

What do we think?

It is paramount that safety comes first in all decision making during this time, and venues should not re-open too soon. This registration option seems like a good additional safety measure, but it must be paired with appropriate social distancing rules to ensure there is little to no risk for the customers.

After today’s meeting, it is likely that the government will outline in more detail the rules that pub-owners and restaurateurs will have to ingrain into their businesses. We will keep you posted as more is announced.

Have questions? Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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lisaslaw@web

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Time to upgrade! Short term student visa holders can now apply for regular Tier 4 visas from within the UK

New guidance has been released for Tier 4 sponsors, Tier 4 students and short-term study students in response to the outbreak of coronavirus. As always, the concessions will all be kept under regular review by the government and will likely be withdrawn once the situation returns to normal.

As always, we are here to help you with any and all applications you may want to launch. Please do not hesitate to call us on 020 7928 0276 or email info@lisaslaw.co.uk to speak with one of our specialist lawyers.

Below are some important highlights from the latest guidance.

Applying for a Tier 4 visa

Students whose leave expires between 24 January 2020 and 31 July 2020, who would otherwise be unable to extend in country, will be able to exceptionally apply for further leave within the UK. This includes students studying with providers who would otherwise be required to apply from their home country for further leave, such as students with non Higher Education Providers with a track record of compliance.

These applicants will still need to meet the usual requirements of the Tier 4 visa, such as academic progression and maintenance requirements.

Find the full Tier 4 guidance here.

Timeframes

Students will normally apply to study on a course that commences no more than 28 days before their current leave expires, but the Home Office will exercise discretion on this requirement if:

the student has to apply before 31 July because their current leave would expire on or before that date, and
the start date of the new course named on the CAS (Confirmationof Acceptance for Studies) is no later than 1 October 2020

More leeway for students

Students who are unable to complete their studies within their current period of leave due to Covid-19 will be able to apply in country to complete that course. Students who need to repeat a year, retake a module, or resit an exam are exempt from demonstrating academic progression as would normally be the case for those applying in the UK. Further to this exemption, students who otherwise need more time to complete a course as a result of Covid-19 will be exempt from demonstrating academic progression, e.g. where a sponsor suspends studies for the duration of any social distancing measures.

Students whose leave expires between 24 January and 31 July and would normally be unable to demonstrate academic progression because their new course at the same level as the previous one, but who cannot travel overseas to make an application due to Covid-19, will be exempted from the academic progression requirement if the sponsor confirms on the CAS that the previous course and the new course in combination support the applicant’s genuine career aspirations. This concession will apply to courses with a start date before 01 October.

Extending short-term study leave in the UK

Under the Immigration Rules, a person who is in the UK with a visit or short-term student visa will not be able to extend their visa or switch into other type of visas in country. Any such application will have to be submitted outside the UK.

Under the current concession, they will be able to do so. Such application is normally made outside the Immigration Rules.

Further questions

Students with an unconditional offer, but without a CAS yet or students who are simply in the UK with a visitor visa, but have been made an unconditional offer?

We at Lisa’s Law believes that they can all apply for a Tier 4 visa as above. It would not be reasonable to expect them to travel back and apply outside in the current dangerous Covid-19 situation.

You can find the complete guidance here.

Have questions? Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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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