Lower paid workers have their say on the Brexit madness

Brexit has a lot of people worried for all sorts of reasons. Many of those who voted to leave the EU back in 2016 are now feeling an uncomfortable twang of uncertainty in their stomachs, although of course there are the staunch leavers who just want Prime Minister Boris Johnson to see Brexit through even if that means the UK getting no deal from the EU.

Many different people, with many different opinions.

A group that often feel overlooked, however, are the low earners and in particular the low earners living in the UK who are originally from EU countries. Those who do jobs that we all need doing but struggle to make a prosperous living such as couriers, waiters and cleaners. What will Brexit mean for them?

The Brexit worries of the low paid workers:

Employment rights that low paid workers are currently entitled to in the UK on the basis of EU-laws include:

minimum paid holiday
working hours regulation
equal pay
protection against discrimination
consultation on redundancy plans

The Home Office has released statements ensuring these EU-law derived employment rights will remain in UK law after Brexit.

However, if a no-deal Brexit goes ahead, the Independent Workers Union says ministers would have the option to alter and change these rights which might well leave low paid workers in a worse position that they are in currently. They say that the workers could no longer rely on the supremacy of EU law, the EU Charter of Fundamental Rights or Court of Justice when disputes are taken to court.

In fact, right now the Independent Workers Union of Great Britain (IWGB), is relying upon these aspects of EU law in a number of worker’s rights court cases.

One major example is the case that Alexander Marshall, the chair of the IWGB’s couriers and logistics branch, has found himself in. He said:

“Without the EU charter of fundamental rights and the European court it would have been impossible for my colleagues and I to bring the landmark £1m holiday pay claim against our employer, The Doctors Laboratory.”

Other concerns:

A no deal Brexit could leave many workers vulnerable to being mistreated, as the EU laws that are currently being adhered to by the UK which reserve their rights to paid holidays and protection from discrimination could potentially be disregarded.

The Benn Act:

In answer to Boris Johnson’s repeated claim that he will allow the UK to leave without a deal on October 31, members of the Independent Workers Union of Great Britain are claiming to challenge this using the Benn Act (2019), which would force him to delay Brexit to 31 January 2020.

The Benn Act can be called upon if the House of Commons does not give its consent to either a withdrawal agreement or leaving without a deal by 19 October 2019. However, it is suspected that Boris Johnson and his team have been examining ways to nullify this new law, which the Prime Minister has repeatedly called the ‘Surrender Act’.

Only time will tell if Boris Johnson will respect the Benn Act, or of the UK will indeed be leaving the EU without a deal.

We are here to help:

If you have any questions about this topic, whether you are the employer or employee, or are in need of legal advice, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk for a consultation.

Our litigation team is ready and equipped to fight your corner in all matters of concerns, from mistreatment in the workplace, wills and probate claims, property and inheritance/tax matters, employment and contractual disputes, and everything in between, whether in UK or with countries beyond.

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A unique case study: the rights of family members of EU citizens is often a grey area

The rights of family members of EU citizens is a topic that we have visited frequently in recent months, with issues surrounding this area of law becoming something of a theme in news reports around the continent. The case we will be focusing on today again brings up some new issues, and highlights that the nature of the rules and guidelines here can often be muddled and can leave people in unfortunate situations.

The case in question – Ms Chenchooliah:

Ms Chenchooliah is originally from Mauritius but had lived in Ireland since 2005. In 2011 she married a Portuguese national and applied for a residence card as a family member of an EU citizen. However, her application was refused on the grounds that there was not enough evidence to prove her husband was employed.

In 2014, Ms Chenchooliah contacted the immigration authorities and informed them that her husband was now in prison in Portugal, asking permission to remain in the UK regardless. The immigration authorities told her that she was not allowed to stay, and she received a deportation order which required her to leave Ireland and not return.

What could Ms Chenchooliah do?

Speaking in purely legal terms, Ms Chenchooliah never actually had a right to reside in the UK under EU law, and this was cemented when her husband left to go back to Portugal, leaving Ireland.

However, she had clearly done her research and explained to the immigration authorities that she did at least briefly have a right of residence because of the three-month rule under Article 6 of Directive 2004/38.

See below:

Article 6

Right of residence for up to three months

Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.
The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen.

As you can see, the article states that an EU citizen and his or her family members have an initial right of residence for three months no matter if they qualify as a worker or not.

In retaliation, and with this information in mind, Ms Chenchooliah argued that she could only be expelled from Ireland in compliance with Articles 27 and 28 of Directive 2004/38. These articles say that any expulsion decision must be in compliance with the EU law principle of proportionality and that “the host Member State shall take account of considerations such as how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration into the host Member State and the extent of his/her links with the country of origin”.

Fortunately for Ms Chenchooliah, the Court of Justice agreed with her and she was allowed to remain in Ireland. This was decided on the basis that a person who had previously been a qualifying family member under Directive 2004/38 but had later lost that status could only be expelled in compliance with Articles 27 and 28, which state that:

“The host Member State may not take an expulsion decision against Union citizens or their family members, irrespective of nationality, who have the right of permanent residence on its territory, except on serious grounds of public policy or public security.”

This case is fairly unique, and demonstrates the unpredictable nature of EU law in its current state.

Please do not hesitate to get in contact with us if you have any questions relating to this topic, or any other legal enquiries. You can call us on 020 7928 0276 or email into info@lisaslaw.co.uk

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Exceptional talent visa – Appeals now accepted in terms of endorsement refusal

An update has been made to the endorsement review form available for the Exceptional Talent visas from September 2019. It now allows the applicants the chance to request a review on a decision made against them in terms of endorsement.

This will be of great interest to anyone pursuing this visa route. You can take a look at the new form here.

Please do not hesitate to get in contact with us regarding any questions related to this update, or any other legal enquiries you may have. We are here to help!

Call us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Dependant parents and the EU Settlement Scheme: what is the deal?

As previously announced, the EU Settlement Scheme has allowed for EU citizens (and their spouses or civil partners) to have their dependent parents join them in the UK.

While this is great, there has been an air of confusion surrounding what qualifies as a ‘dependent parent’, and how the Home Office determines who makes the cut and who doesn’t.

Within the Immigration Rules the definition of a dependent relative is “the direct relative in the ascending line of a relevant EEA citizen (or of a qualifying British citizen) or of their spouse or civil partner”. It goes on to say:

‘direct relative in the ascending line’ includes a grandparent or great-grandparent; and […]

the dependence of the direct relative in the ascending line on the relevant EEA citizen (or on the qualifying British citizen), or on their spouse or civil partner, is assumed.

This is not the most definitive guidance and leaves plenty of room for confusion, raising more questions than it answers. On the face of it, it seems that no proof at all of the dependency of the parent is required. This is the case in some cases, but in others the Home Office may require some more information before giving applicants the green light.

A recent change to Immigration Rules:

Some form of clarification was added to the rules on September 9, when the Immigration Rules were updated. They state:

the dependence of the direct relative in the ascending line on the relevant EEA citizen (or on the qualifying British citizen) – where the relevant EEA citizen or the qualifying British citizen is not a person under the age of 18 years, or on their spouse or civil partner, is assumed.

So, here we can now tell that if the qualifying citizen is over the age of 18, no evidence is required that the parent is dependent. However, where the qualifying citizen is younger than 18 years of age evidence will be required during the application process.

How about parents that have been granted a status but who are not dependent?

Many parents of EU citizens are being granted pre-settled and settled status by proving their relation but not showing evidence (or even mentioning) dependency. Certainly many of them will indeed be dependent on their children, and many will not. Some would be claiming dependency but would not be considered dependent by the Home Office, should they actually check.

If the Home Office did check…

If the Home Office was to start conducting checks on parents of EU citizens to see if they met a standard of dependency that they were happy with it would hypothetically be a problem for those who don’t meet the standards. This is because they would cease to meet the requirements of the rules on which the leave was granted. The September 2019 statement of changes made further amendments to be able to cancel a status on arrival in the UK or from outside the UK if the person ceases to meet the requirements of the Rules.

It is unlikely that checks of this kind will start happening. However, it is possible that people who are currently on pre-settled status and who need to apply for settled status later may be affected when they apply for settled status. The Home Office could well amend the Rules later to require all parents, grandparents and great grandparents, regardless of the age of the EEA citizen, to evidence dependency.

These are some of the things that the Home Office will look out for when assessing if someone is dependent:

are living in the same household and sharing living expenses, or
need the financial support of the relative on whom you are dependent, or
need the care of the relative on whom you are dependent (because of illness or disability), or
a combination of the above.

It remains dubious:

The situation is still unclear, and where the Home Office is attempting to make these processes easy to understand they are really failing with this one.

If the Home Office want the dependency to be genuine they would have to implement a way of getting evidence of it in a clear and concise manner. It would be a difficult task, but there is not really a way round it.

If there are any more updates regarding this or any other laws we will keep you informed. Be sure to get in contact with us if you require any legal assistance, you can call us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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PSW is back – international students can now stay in UK for two years after graduation?

An increased focus on genetic research and the prevention of illnesses and disease means that the Home Office is planning to increase the amount of time international students with successful degrees have to find work in the UK after graduating.

Students will need to have successfully completed a degree from a trusted UK university or higher education provider which has a proven track record in upholding immigration checks and other rules on studying in the UK.

The new immigration route announced today (11 September 2019) will mean international graduates in any subject, including STEM, will be able to stay in the UK for two years to find work in order to “unlock their potential” and begin careers in the UK, according to Prime Minister Boris Johnson.

The current situation:

More than 450,000 international students are currently studying in UK universities.

Of these, almost two-thirds are from outside the EU, so will require a student visa to be in the country.

Between about 170,000 and 185,000 of these students graduate each year and, under current rules, they have four months to transfer to another visa – such as a work visa – or decide to continue studying.

A fresh take on immigration:

Mark Easton of the BBC sees these plans as a step in a positive direction, saying:

“Where Theresa May introduced what she called a hostile environment around migration rules, with an ambition to reduce net migration to the tens of thousands, Boris Johnson has promised to scrap that target and encourage the brightest and best to come and live and work in global Britain.”

What does Lisa’s Law make of all this?

Well, it is certainly nice to see the Home Office taking an interest in graduates, and increasing the amount of time for them to job hunt to two years from four months will allow them to seek out better opportunities, benefitting themselves and the country as a whole.

Some possible effects of this change:

the start-up visa will become useless and may be scrapped (due to them both requiring endorsement of a higher educational facility and have a 2 year lifespan).
fewer people will use the Tier 5 route
there will be more applications for settlement based on 10-year lawful residence. It will be easier for people to stay in the UK for 10 years
there will be more Tier 2 applications. Once students have worked for some employers, the employers will be more willing to sponsor them.

However, we must remind our readers that this is only at the proposal stage. Please bare in mind that these plans have not been made laws yet and it is not a 100% guarantee that they will be. We will have to wait and see how it progresses. We will keep you right up to date with all of the latest legal changes, so keep your eyes peeled for more information from us!

In the meantime please do not hesitate to contact us for legal information and support. You can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk

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October 7, 2019
Advice, House, Mortgage, Property

The Mortgage Process – A Walkthrough

Buying your first property is bound to be one of the most exciting yet nerve wracking experiences you’ll go through in life. On the one hand you’ll have the chance to make a place your own and will feel a great sense of satisfaction and security in owning your own home, but on the other hand you’ll likely be feeling overwhelmed with responsibility and stressed about the amount of money this purchase is going to cost.

But have no fear, Lisa’s Law is here! Sure, the process is scary but many of the best things is life do not come easy! If you read this article you’ll be very well informed on how the process works and what you can do to make it easier on yourself.

When is a good time to apply for a mortgage?

You should definitely get your mortgage application sorted before your house hunt officially begins. If you were to find a perfect property that matched everything you were looking for in your new home, but you hadn’t gotten anywhere with your mortgage application, it is likely that your dream house will get snapped off the market by someone else with a more solid mortgage plan.

Having a mortgage application in place before you go shopping around for houses is also a good way to establish some personal guidelines. For example, you’ll have a much better idea of what your budget is, so narrowing down options becomes a lot easier to do.

Mortgage agreement in principle – what is it and do you need one?

An agreement in principle (AIP) is how your chosen lender/bank will tell you how much money you will be able to borrow from them during the purchase of your property. They will take some basic information and perform a credit search and credit score before coming up with a figure that ‘in principle’ they will be able to provide you with. An AIP doesn’t take very long to get and will often be completely free of charge.

The benefits of an AIP are that it makes you stand out as a more appealing buyer, as you have gone an extra mile in the purchasing process and have some proof to back up your financial standing.

It will also leave you in a better informed position about what price range you should be looking at, saving you any chance of being disappointed or wasting too much time looking at unrealistic options.

What are the main types of mortgage?

While there are a lot of different mortgage options available, there are to main ones to keep in mind. These are a fixed rate mortgage and a variable rate mortgage.

Fixed rate mortgage:

With fixed rate mortgages, the interest rate of the loan remains the same for the length of your agreement. Lenders/banks often offer fixed rate deals of between one and five years, although some lenders may offer a longer period of ten years.

A positive aspect of a fixed rate mortgage is that the monthly repayment does not change even if the lender’s interest rate changes. This can be helpful for budgeting your finances and means you know that you will not be getting any surprising increase of charges at any point.

However, the disadvantage of a fixed rate is that if the lender’s interest rate falls, the borrower will not be able to benefit from lower repayments. As the interest rate on the mortgage is fixed, longer deals may have higher annual percentage rates than shorter deals. This is so lenders can compensate for the money they may lose on monthly repayments should interest rates rise.

Fixed rate mortgage deals can also include penalties for ending the agreement early or overpaying – but not in all cases, it is always best to check this before signing anything.

Variable Rate Mortgages

Variable rate mortgages offer a fluctuating interest rate over the duration of your mortgage, which can change the amount of your monthly repayments. With this type of mortgage, you would need to prepare for the possibility of their monthly repayments increasing if the interest rates rise – but they may also consider the possibility of their payments decreasing if the interest rates drop.

Having consistent communication with your lender is essential on this type of mortgage, so be sure to keep in contact so you are aware of any impending changes.

A step by step walkthrough of the mortgage process:

Prospective buyer contacts the bank/lender directly to obtain a mortgage agreement in principle.
The bank/lender will request for some information regarding the client’s income and expenses.
The mortgage in principle is provided by the lender and will give the client a rough idea about the total loan they can get.
With the mortgage in principle, the client can start looking for a property within their budget.
Once the offer for a property has been accepted by the seller, the client will update the bank or broker with the offered price and tell them the address of the property and the details of the solicitor handling the case.
The bank or broker will request for more documents for the mortgage application which include the proof of income. This can be 6 months’ worth of payslips, proof of the source of funds for the down payment such as gift letter, proof of savings etc.
Once the documents are satisfied, the bank/lender will arrange for a valuation report to be commissioned (to check everything is fine with the property).
Note: the bank will only request for a simple valuation report. The client may consider carrying out a full building survey which includes the structural survey if the property is aged or the condition is poor.
The bank will then issue a formal mortgage offer for the client to read through, agree to and sign. Mortgage offer is issued to secure the loan.
The same copy of the mortgage offer will be sent to the solicitor working with the buyer.
With the issuance of the mortgage offer, the broker’s work is done. The remaining work will be carried out by the solicitor to secure a safe draw down (aka completion of the deal).
The solicitor will advise the client on the contents of the mortgage offer and loan agreement. They will carry out the searches such as local authority search, drainage, environmental etc. At the same time, the buyer’s solicitor will deal with the seller’s solicitor to finalise the contract and raise enquiries if the search results show any discrepancy from the info provided by the seller.
Solicitor will then provide a report on searches and enquiries to the client and also the bank and to confirm the date of completion.

After these steps have all been completed and all parties are in agreement then the process can begin, whereby the buyer will usually move into the property and start paying the monthly mortgage repayments until the house is fully paid off.

If you need any help with mortgages or have any questions about the process, we are always here to help. You can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk

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EU & non-EU: there have been important changes to the UK immigration rules

The Home Office have just announced some changes to the UK’s immigration rules. They will be of particular interest to those wanting to access the EU Settlement Scheme in the wake of Brexit.

These changes are fairly extensive, but are definitely worth knowing!

Amendments to the EU Settlement Scheme (EUSS):

The Home Office have added to the guidance regarding family members of UK nationals, and if they can access the EUSS or not, and for how long.

The below family members will have access to the EUSS until 29 March 2022:

children and grandchildren (including those born overseas after exit day),
spouses,
civil partners,
durable partners,
parents and grandparents.

The below family members will have access to the EUSS until 31 December 2020:

future spouses,
civil partners and durable partners (where the relationship was established after exit),
and other dependent relatives

What else?

The Home Office will count offshore working as permitted absence. So if you have been working on an oil rig for example, that time can be counted as UK residence on an EUSS application.

The Home Office have clarified that if you are relying on a family member who has ‘ceased activity’ (i.e retired from work in the UK), then you must have been resident in the UK as their family member before they retired.

The Home Office have also clarified that relevant evidence will be expected of people applying to the EUSS on the basis of having an EEA citizen family member.

Those applying to the EUSS on the basis of being a dependant parent of an EEA child under 18 will be asked to provide evidence of this child.

The Home Office have also said they will allow a non-EEA family member, whose biometric card is lost or stolen overseas, a free of charge EUSS travel permit to enable them to travel to the UK and apply for a replacement biometric card.

Discretionary grounds for refusal will be provided should an application to the EUSS be unsuccessful.

Changes to Part 9 of the Immigration Rules:

To provide additional grounds for the cancellation and curtailment of EUSS status and leave acquired having travelled to the UK with an EUSS family permit, e.g. on grounds this was obtained by deception (such as where the person had claimed to be the family member of an EEA citizen when they were not).

Administrative changes:

An applicant may challenge a decision made during their application via administrative review.

Applicants will also have a right to administrative review where status granted under EUSS is cancelled at the border because the person no longer meets the requirements for that status, e.g. where, as a non-EEA citizen granted pre-settled status under the EUSS, they have ceased to be the family member of an EEA citizen. Such cancellation could only occur where the person no longer met any of the bases for eligibility for status under the EUSS.

If an applicant is detained while their case is being reviewed the time they spend in detention will be kept to an absolute minimum, meaning that their case will be given priority.

Amendments to s67 leave – relocation and support of unaccompanied refugee children:

In June 2018 the Home Office introduced ‘section 67 leave’ which ensured that children who are transferred to the UK under section 67 of the Immigration Act 2016, and who do not qualify for refugee status or international protection, are able to remain in the UK and build a life here. This form of leave allows them to study, work, access public funds and healthcare, and is a route to settlement.

Before, this was only available to children who had an application for refugee status or humanitarian protection refused. The new rules mean that the Home Office will grant section 67 leave automatically upon the child’s arrival.

Importantly, this change does not remove the entitlement of the child to apply for, or to continue with an application for, refugee status or humanitarian leave should they wish to do so.

Minor amendments relating to the Start-up and Innovator categories:

These new visa routes were introduced in March 2019.

A change is being made to the Tier 4 (General) rules to allow students who have submitted a Start-up application supported by an endorsing body to commence their business activities whilst their application is being considered.

An exemption from the requirement for ‘start-up’ applicants not to have previously established a UK business is being added for Tier 4 (General) students on the doctorate extension scheme.

A correction is being made to confirm that a checkpoint between an applicant and their endorsing body is not required after 24 months in the Start-up category, only in the Innovator category.

Minor amendments to the Tier 1 (Investor) category:

The Tier 1 (Investor) category is for high net worth individuals making an investment of at least £2 million in the UK. The following changes are being made:

The changes made in March 2019 to closing dates are being flexed to allow applicants to make extension or settlement applications after these dates, provided that they move their qualifying investments out of UK Government bonds before either 6 April 2023 in the case of extension applications, or 6 April 2025 in the case of settlement applications.

Another change will allow investors who do not meet those deadlines to apply for further extensions and settlement if they meet certain conditions; i.e. invest the full £2 million in qualifying investments before they apply for further extensions and maintain the full £2 million investment for the qualifying period required for settlement.

The changes in March 2019 also increased the period for which applicants must provide evidence of their available funds from 90 days to 2 years. Some references to three months were missed in March’s rules changes and these are being corrected in line with the other references to 2 years.

A drafting correction is being made to rectify an outdated reference to the definition of a regulated financial institution.

Minor amendment to Tier 1 rules – Exceptional talent criteria:

The Tier 1 (Exceptional Talent) category is for talented individuals in the fields of science, humanities, engineering, the arts and digital technology to work in the UK without the need to be sponsored for employment in a specific post. Applicants must be endorsed by a Designated Competent Body.

At the request of one of the Designated Competent Bodies, Tech Nation, a number of changes have been made:

There must be three, rather than just two, letters of support provided by established organisations in the digital technology sector to permit more in-depth consideration of an individual’s skills and the contribution they would make to the sector.

The phrase ‘product-led’ has been added to the requirements to ensure the route is used by migrants with the appropriate skill set.

At the request of The Royal Society, The Royal Academy of Engineering, and The British Academy, the following changes have been made to increase the number of applicants in science, engineering, and humanities to take advantage of a simpler process under the Tier 1 (Exceptional Talent) route.

The Home Office have:

Expanded the list of peer-reviewed fellowships to include fellowships awarded by the National Institute for Health Research
Expanded the criteria to include applicants who have held a peer-reviewed fellowship in the 12 months immediately prior to date of application
Expanded the application criteria to allow a wider range of eligible senior academic or research positions to qualify.

Minor amendment to Tier 2 (General) category – To remove PhD level occupations from the Tier 2 Cap:

The Tier 2 (General) category is the main immigration route for UK employers seeking to recruit non-EEA skilled workers. It is subject to an annual limit of 20,700 places, divided into monthly allocations.

Changes are being made to exempt PhD level occupations from the Tier 2 (General) limit. Announced in the Chancellor’s 2019 Spring Statement, this is to signal that the UK welcome researchers and other highly skilled individuals and will free up places in that tier for other key roles that contribute to the UK economy.

Also, as announced in the Spring Statement, amendments are being made to ensure that applicants whose occupations are at PhD level, and who undertake research overseas directly related to their Tier 2 employment, may do so without that absence being ‘counted’ when any application for settlement is assessed. Corresponding amendments are also being made to benefit partners who accompany them in these circumstances.

Minor amendment to Tier 2 (General) category – Changes to Shortage Occupation List

The Shortage Occupation List (SOL) is being amended following a review by the independent Migration Advisory Committee published 29 May 2019. There is one list covering the whole of the UK and an additional list for Scotland.

The SOL means that (i) listed jobs are exempt from the Resident Labour Market Test requirement and are given higher priority within the Tier 2 (General) annual limit; and, (ii) jobholders whose occupations are on the list are exempt from the relevant Tier 2 earnings threshold when they apply for indefinite leave to remain, although they must still be paid the appropriate rate for the occupation.

The changes are that:

Some new occupations have been added, such as 2112 Biological scientists and biochemists, and 2216 Veterinarians, and a small number removed, such as 1123 Production Manager and directors in mining and energy.

A significant number of Standard Occupational Classification (SOC) codes already on the Shortage Occupation List (SOL) but only for limited types of jobs, have been extended to cover all jobs in that occupation code.

The qualifying company criteria applying to digitech occupations has been amended/removed.

The restriction preventing chefs from working for a sponsor that provides a takeaway service has been removed.

Two further changes arise from the Migration Advisory Committee’s review:

Re-classifying from Regulated Qualifications Framework Level 4 to Level 6 the occupation of chartered architectural technologist. This means that employers may sponsor overseas applicants where no suitable resident worker is available.

Allowing overhead lines workers, at Linesman Erector 2 (LE2) level and above (SOC 5249) to qualify for Tier 2 (General) with a Resident Labour Market Test if the jobholder’s pay is at least £32,000 per year. Having been removed from the shortage occupation list, this RQF level 4 occupation would not ordinarily meet the minimum skill level for Tier 2 (General), however the MAC recommended they remain eligible to prevent the occupation returning to shortage.

Minor amendment to Tier 2 (General) category – Addition of the ‘Teaching Vacancies’ service on GOV.UK to the list of acceptable sources of advertising:

The Department of Education ‘Teaching Vacancies’ service on GOV.UK, allows schools based in England to advertise teaching positions to the resident labour market. The Immigration Rules now include this as an acceptable form of advertising.

Minor amendment to Tier 2 rules – to ensure migrants are not penalised for certain absences from employment:

Changes are being made to Part 6A and Appendix A to ensure that Tier 2 migrants are not penalised if they are absent from work due to sickness, statutory parental leave, assisting in a national or international humanitarian or environmental crisis or engaging in legal strike action. The changes mean, for example, that a Tier 2 migrant will not be refused indefinite leave to remain if such absence causes their salary to fall below the required threshold. The Rules already contain exemptions for migrants who are on maternity, paternity, shared parental, or adoption leave.

Minor amendment to update the accepted English language test providers and Exemptions to the English language testing requirement:

An amendment is being made to Appendix B and Tier 2 (General) requirements to exempt doctors, dentists and nurses and midwives, when making a Tier 2 (General) application, from having to sit an approved English Language Test if they have already passed an English test accepted by the relevant professional regulatory body 5. A corresponding amendment is also being made to provide that Tier 2 doctors, dentists nurses and midwives who have passed such a test are treated as having demonstrated sufficient knowledge of the English language for the purpose of settlement.

English language test providers will now be published on the GOV website.

Minor amendment to Knowledge of language and Life (KOLL):

Amendments are being made to Appendix KOLL so that applicants are no longer required to provide original documents as proof of passing the ‘Life in the UK’ test but need instead only to provide the unique reference number for checking.

Changes relating to Tier 4 of the Points-Based System:

Tier 4 of the Points-Based System is the route used by non-EEA nationals wishing to study in the UK.

Tier 4: The ‘Professional Sportsperson’ definition and Tier 4 (General) Students:

The ‘Professional Sportsperson’ definition is being amended to clarify that Tier 4 (General) Students studying at degree level or above at a higher education provider are permitted to play or coach sport as an Amateur whilst in receipt of a sports scholarship, or if doing so as part of a work placement being undertaken as an integral and assessed part of their course.

Tier 4: Switching into Tier 2:

Tier 4 students studying at degree level or above are now permitted to apply to switch into the Tier 2 route within 3 months of the expected end date of their course, to facilitate such students taking up skilled work in the UK following the successful completion of their studies. A corresponding change is being made to the Tier 4 conditions of leave to allow such students to commence work with their Tier 2 sponsor if they have applied to switch into the Tier 2 route within 3 months of the expected end date of their course.

Tier 4: Minor amendment – Masters’ and PhD students changing subject:

A change is being made to allow Tier 4 students studying at masters’ and PhD level to commence a different course of study with their current sponsor during a period of leave, provided the other requirements for commencing such a course are met. This will also address an issue around instances of doctoral research qualifications changing focus and the student being unable to obtain leave to remain to complete their course, as they would not meet the requirement for academic progression. This change will remove the need for these students to make an application overseas.

Minor amendments to Tier 5 rules – update to South Korea deemed sponsorship status:

South Korea is added to the list of countries with deemed sponsorship status having gone through the requisite 5-year qualifying period for eligibility.

Minor amendments to family rules:

Amendments have been made to the introduction section of the Immigration Rules and Appendix FM to replace references to Immigration (EEA) Regulations 2006 with references to the Immigration (EEA) Regulations 2016, which revoked and replaced those from 2006. This is to ensure that the Immigration Rules applicable to EEA and Swiss citizens and their family members refer to the current EEA legislations applicable to them.

However, references to the 2006 Regulations are retained, and to predecessor instruments are added, to allow those holding valid residence permits issued under them to be considered ‘present and settled in the UK’.

We hope that these rules are helpful to you. We are always here to help if you have any questions you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk

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Losing a British Passport abroad – consequences and solutions

For a lot of people airports can bring on feelings of nervousness and nausea for a vast array of reasons. You want everything to go swimmingly when you are at the airport so that you can get to where you’re going without any hassle, and the cost of plane tickets and the desire to get to your holiday destination or to come back home is adding to the amount of butterflies swooping around in your stomach.

So, if you realise while waiting at the airport that your passport, the most important document in the world at that point in time, is missing, you are likely to go into serious panic mode.

How can you get home without a passport?

Firstly, try not to give yourself a heart attack by blindly panicking. It is a stressful situation to find yourself in but the main thing is to try to remain as calm as possible and know what your options are.

Really, you only have one way to get home if you have lost your passport abroad: try to secure a one-way emergency travel document from the British embassy. This can be used to get yourself home on a new flight. You can also apply for a new passport, but doing so will take at least a few weeks which is not any good for the average traveller who needs to get home.

What is an emergency travel document?

You can think of an emergency travel document as a temporary passport issued to a person who is stranded (usually due to a lost passport) and needs to get home. It is normally only valid for a specific journey.

The Home Office site says this:

You can use an emergency travel document to travel to your destination through a maximum of 5 countries. You can also normally use it to return to the country you’re applying from if you live there.

Your travel plans (countries and dates) will be printed on your emergency travel document. If you change your travel plans once you have your emergency travel document, you’ll need to apply for a new one.

File a police report and ask for a copy:

Before you start the process of getting a temporary travel document, you should file a police report about your missing passport and ask for a copy of it. This way you can be fully reassured and covered if you are asked any questions about the lost passport; it is best to cover all bases.

How do you get an emergency travel document?

You could be forgiven for assuming that applying for an emergency passport would be a huge pain involving a complicated application process, but it is actually rather straight forward.

The process is handled online and is boasted by the Home Office as one of their most successful achievements in terms of accessibility, and while it is a decent system it really does help if you have a scan of your passport, bank cards and driving licence available.

Why do you need this information? Because the emergency travel document application asks for all your passport details and has to be paid for online or over the phone, so you need to have all of this information handy. It is worth taking pictures on your phone and having them saved in your emails so that even if you lose all your belongings, you can log into another computer or phone and access them from there.

Be warned: once you confirm that you are applying for the temporary passport, your real one will not work – even if it’s found again very soon after you apply for the temporary one! So make sure to have a good check for the real passport before you start the process of getting a temporary one.

After you enter your details, you’ll take a photograph of yourself to be used on the temporary passport. You must adhere to regular passport photo rules so remember, no smiling, no glasses and no hair covering your face. If in doubt you can ask airport staff for advice on this.

After this, you will need to upload evidence of your travel plans, for example a picture of your boarding pass for the plan you originally intended to be on.

Following this, you have to choose where to pick up the document from, they will give you some options and you have to decide which one of them will be the easiest for you.

How much does it cost?

The cost of the temporary passport comes in at £100, which is more than the price of a regular passport, which is to be expected.

How long does it take?

Once it is all submitted, you will get a confirmation email. It should take up to two working days to process if all goes well. If not, they will contact you for further information.

So finally, a summary of the steps:

File a police report within 24 hours about your lost passport.
Apply online for an emergency travel document. It will help immensely if you have a note of your passport details to hand.
Receive the email confirming that your travel document has been issued. Don’t book a return flight until you have that confirmation.
Bring a copy of the email (electronic or paper) to the your chosen embassy or consulate to collect your travel document.

When you get home

If you find your passport:

If it turns out that your passport was hidden away in your luggage the whole time, put it away somewhere where you’re not going to confuse it with your new one, and cut a corner off of it so it is easy to recognise. It’s already been cancelled and therefore permanently invalid, so you can no longer use this passport for travel, and attempting to do so can result in some fines.

Apply for a new passport:

Your emergency passport is designed to get you home quickly but has a very limited life, so if you plan to travel overseas again in the near future, you’ll need to apply for a brand new passport when you get home.

Thanks for reading, and don’t hesitate to get in contact with us if you need any legal advice in the future, we are here for you. Call us on 020 7928 0276 or email into info@lisaslaw.co.uk

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Applying for Visa’s and Extensions – The Devil is in the Detail

An Indian entrepreneur living in the UK on a Tier 1 (Entrepreneur) visa has had her visa extension denied, due to errors within her forms showing employees payroll information.

A core requirement of a successful Tier 1 (Entrepreneur) visa holder is their obligation to create at least 2 jobs in the UK within the business that they set up. This is an essential part of the idea that these types of visas are issued to people in order to benefit the UK’s economy. These jobs must last a minimum of 12 months and must exist during the visa holders’ initial period of leave to remain. Achieving this is essential when applying for an extension of that visa, and the continuation of the business.

In this case the claimant, who we will refer to as Ms K, had fulfilled this requirement. However, the jobs she created were part-time rather than full-time. This is perfectly fine in terms of filling the needs for the extension, but it also meant that the business was not operating under a Pay as You Earn (PAYE) system, meaning that deductions from employees’ wages for income taxes were not automatically recorded. Ms K was supposed to submit printouts herself to prove correct taxes were being paid on the wages he was paying her employees.

As her application was lacking this proof of payroll, her extension was declined, which was obviously extremely shocking and stressful for Ms K considering the otherwise good standing of her application.

What options are available to her?

Ms K went straight for judicial review on the grounds that she has been discriminated against because of the class of her business. Her argument was that if her business had been more lucrative she would have been using a PAYE system and none of these issues would have arisen.

Her second point addressed the lack of discretion used in her case. What is meant by ‘discretion’ here is essentially how the Home Office uses the options available to them in certain situations. Where an applicant has fulfilled all or most of what is asked of them but have lost out on a positive result due to a technicality or because of a factor they were unaware of, they can sometimes be given the benefit of the doubt. This was not the case in for Ms K.

The judge’s viewpoint:

Mr Justice Martin Spencer held on the discrimination argument that Ms K brought up that her complaint is not unique, and she should have made sure that all her forms were in order in spite of not having a PAYE system. He also ruled that for discretion to be exercised, an application for discretionary leave to remain outside the Rules must be made, for which there is a specified form with a specific fee. As no application had been made, no obligation to exercise discretion arose.

What next?

Ms K now has a massive choice to make. She can either return home to India with her husband and two young children, having lived in the UK since 2009, or make an application for leave to remain outside of the Rules.

For the whole family the Home Office fees for this application would be £4,132, not including fees for legal assistance, and not including the fees for subsequent extension applications.

So, this is a reminder of the harsh reality of visa approvals and extensions. Everything really has to be perfect for an application to be successful.

Remember, Lisa’s Law is here for you! You can contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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More Brexit confusion – what is happening with free movement?

The Home Office has hinted that EU free movement rules will end immediately if there is a no-deal Brexit on 31 October, sparking mass confusion and offering no concrete information.

This change could affect the rights of EU citizens who arrive in the UK from November onward.

Former Prime Minister Theresa May was considering two options to prolong the rules, which allow EU nationals to live and work freely in other countries in the bloc, under no deal.

One option was for the rules to be extended until January 2021, and another was to allow EU citizens to stay for three months before applying for a longer stay. A sort of transitional period.

However, new Prime Minister Boris Johnson has dropped these plans in favour of a new approach to be set out at a later stage.

Speaking on Monday, Mr Johnson said the UK would not “become hostile to immigration,” but it would be “democratically controlled” after Brexit.

The Home Office said EU citizens currently living in the UK would still have until December 2020 to apply for the right to remain under its settled status scheme.

So what does this mean, exactly?

In a no-deal scenario, those EU citizens with the right to permanent residence in the UK – which is granted after they have lived in the UK for five years – should see no change to their situation.

EU nationals who are already in the UK can apply for settled status or pre-settled status in the same way as now.

A spokesperson for the Home Office has said “EU citizens and their families still have until at least December 2020 to apply to the EU Settlement Scheme,” which would grant them legal status in Britain after Brexit.

An end to freedom of movement would not affect those EU citizens coming for holidays and short trips, but would impact those who wish to work or study in the UK.

The changes to freedom of movement will not directly affect Irish citizens.

However, the news of a possible sharp end to free movement without the transition period envisaged under Theresa May’s administration provoked concern about how at least 2.6 million EU nationals who have yet to apply for settled status/pre-settled status would prove they are in the UK legally.

Time is of the essence:

Many believe the biggest challenge facing the Home Office is the significant lack of time they have to sort out this issue. Joe Owen, the program director on Brexit at the Institute for Government, a London-based think tank, has been quoted saying:

“You cannot change the migration system … and not have a plan for how you replace it within 10 weeks. It’s really not clear how on earth they plan to get this through.”

More confusion:

It is the ever present uncertainty of Brexit that is worrying many EU international’s living in the UK more than anything else. Some of them who have yet to apply are worried about their right to NHS treatment or employment being questioned. Some are also concerned about how they would prove they have the right to live in the UK if they travel abroad.

Around 1 million EU nationals living in the UK have already applied for settled status, but at least a further 2.6 million have yet to apply.

Under Britain’s current immigration system, EU nationals who live and work in the country don’t require any documentation apart from a valid passport. As a result, there is no formal government registry of those who have exercised their free-movement rights to live and work in Britain.

If freedom of movement were to end tomorrow, or in two months, there would be no way for the British government to distinguish between the EU nationals who are eligible to stay in the country and those who have newly arrived. The only ones they can account for are the one million EU nationals who have already applied for settled status through the government’s EU Settlement Scheme.

Naturally, there was some serious qualms about the absence of definitive information about what kind of documents people might need to take with them if they were to travel abroad, returning after 31 October. The Home Office have simply said that more information will be revealed in the coming weeks.

Watch our video about the EU Settlement Scheme here.

Be sure to follow Lisa’s Law to get updates on this issue, and if you are after legal advice we call us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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News and Insights

The Brexit worries of the low paid workers:

Other concerns:

The Benn Act:

We are here to help:

A recent change to Immigration Rules:

How about parents that have been granted a status but who are not dependent?

If the Home Office did check…

These are some of the things that the Home Office will look out for when assessing if someone is dependent:

It remains dubious:

The current situation:

A fresh take on immigration:

What does Lisa’s Law make of all this?

Some possible effects of this change:

When is a good time to apply for a mortgage?

Mortgage agreement in principle – what is it and do you need one?

What are the main types of mortgage?

Fixed rate mortgage:

Variable Rate Mortgages

A step by step walkthrough of the mortgage process:

How can you get home without a passport?

What is an emergency travel document?

File a police report and ask for a copy:

How do you get an emergency travel document?

How much does it cost?

How long does it take?

So finally, a summary of the steps:

When you get home

What options are available to her?

The judge’s viewpoint:

What next?

The Home Office has hinted that EU free movement rules will end immediately if there is a no-deal Brexit on 31 October, sparking mass confusion and offering no concrete information.

So what does this mean, exactly?

Time is of the essence:

More confusion:

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