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News and Insights

The Home Office has updated its guidance policy regarding naturalising as a British citizen. Naturalising this way requires the applicant to have been in the UK lawfully for at least 5 years before the application.

 

The Home Office’s policy is used to guide their caseworkers in their decision as to what residence should be treated as lawful and what should be seen as unlawful when dealing with naturalisation applications. The most recent updates are mainly focused on the potential immigration breaches that can affect the success of a naturalisation application.

 

Residence requirements:

 

It is required under the British Nationality Act 1981 that an applicant has to satisfy the following residence requirements in order to be legalised in the UK:

 

  • they are in the UK at the beginning of the period of 5 years ending with the date of the application
  • not absent from the UK for more than either 450 days in that 5 year period or 90 days in the period of 12 months ending with the date of application
  • not, on the date of application, subject under the immigration laws to any restriction on the period of stay in the UK
  • not, at any other time in the 12 month period ending with date of application, subject under the immigration laws to any restriction on their period of stay in the UK
  • not, at any time in the period of 5 years ending with the date of application, in the UK in breach of the immigration laws

Updates to breaching rules:

 

The Home Office allows for some discretion, in the special circumstances of a particular case, to disregard breaches of the immigration laws (unlawful residence) during the qualifying 5 year period.

 

Under the guidance, being in the UK without leave to enter or remain will be relevant to the issue of residence lawfulness, while other breaches such as taking employment illegally and harbouring other immigration offenders, will not usually be considered under the residence requirement, but under the good character requirement. This is fair enough, as it may recognise the reality that some applicants may do so with no choice. It may not be an indicator of their character.

 

Home Office caseworkers may choose to exercise discretion to disregard a period of unlawful residence if the reasons behind the period are clearly outside the applicant’s control, or if the breach was genuinely inadvertent and short.

 

Some examples of where discretion may be used in cases of immigration breaches in the guidance are as follows:

 

  • the breach occurred at a time when the applicant was a minor whose parents failed to obtain or renew their leave.

 

  • the applicant was a victim of domestic violence whose abusive partner prevented the renewal of leave.

 

  • the applicant had made an ‘in-time’ application, but the application was rejected and so they became in breach.

 

  • the person had made a late application for leave to remain which was subsequently granted and either the:

 

– application was not submitted more than 28 days after the expiry of their previous leave and before 24 November 2016

 

– application was not submitted after more than 28 days overstaying if it was an asylum application

 

– person had a period of more than 28 days between their leave expiring and them making a new application and there were exceptional circumstances such as a family illness or bereavement.

 

  • the person arrived the UK clandestinely (in secret) but either presented themselves without delay to the immigration authorities or was detected by the immigration authorities shortly after arrival:

 

– the maximum period involved should normally be 1 month, but may be longer if there are extenuating circumstances.

 

– in these cases you can waive the breach that occurred from entry until the person’s first application for leave or asylum was determined, provided the application was granted

 

  • an application for asylum or leave to remain was refused but was later acknowledged to be an incorrect decision and the appropriate leave was granted

 

  • the breach was because the applicant did not meet an additional/implicit condition of stay, rather than illegal entry or overstaying, such as an EEA or Swiss national not having CSI and can provide sufficient evidence to justify discretion being exercised in their favour

 

 

Surprisingly, the guidance provides that where an applicant has been granted temporary admission and/or release, even if he/she is subsequently granted status following an application for leave to remain, his residence between the time he/she was granted temporary admission/release and that when he/she is granted status will be treated as unlawful residence and will NOT be disregarded when the issue of lawful residence is considered in his/her naturalisation application.

 

This approach is startlingly different from the one the Home Office takes when considering settlement applications based on 10-year lawful residence. In such application, temporary admission and release is treated as lawful residence.

 

By granting an applicant temporary admission/release, it means that the Secretary of the State has allowed him/her to remain in the UK, even temporarily. Provided that the applicant has been complying with the conditions of his/her temporary admission/release, say, by reporting, he/she has been staying in the UK in line with the immigration laws.

 

Should not such residence be treated as lawful in their naturalisation and discretion be exercised in his/her favour?

 

Some good news, at least  

 

A good point amid these updates is the fact that it is now confirmed that anyone who has been refused application or had their appeal dismissed will be given 28 days further leave to remain to enable to them to leave the UK, or, make a fresh application if that is the case. Before, as far as we can remember, it was an unwritten practice by the Home Office’s officers. This adds some much needed clarity, and provides extra time to sort out arrangements for those who find themselves being requested to leave by the Home Office.

 

Have questions? We are here to help!

 

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!

 

 

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lisaslaw@web

HMCTS has confirmed that four Crown Courts have been assessed as currently suitable to hold jury trials and will begin to do so from next week.

 

They are:

 

  • Central Criminal Court, London (Old Bailey)
  • Bristol Crown Court
  • Cardiff Crown Court
  • Manchester (Minshull Street)

 

Courts expected to reopen in the coming weeks are:

 

  • Reading Crown Court
  • Warwick Crown Court
  • Winchester Crown Court

 

Due to the coronavirus outbreak, there has been much concern about the safety of everyone who uses courtrooms and tribunal buildings. Investigations into making them ‘COVID-19 secure’ have been ongoing.

 

Over the past few weeks a jury trial working group, chaired by Mr Justice Edis, has been assessing ways to safely re-start some jury trials in England and Wales.

 

Co-chair of our Criminal Law Committee, Ian Kelcey, who was part of this working group has said:

 

“An immense amount of work has been put into getting a very limited number of courts into a position where they can hold jury trials. Safety has been the paramount consideration. This is a small step in what will undoubtedly be a long journey to return to where we were before the epidemic”.

Special arrangements in place for jury trials

 

Arrangements to allow appropriate social distancing to be maintained at all times include but are not limited to:

 

  • providing a second courtroom linked by closed circuit TV, to enable the media and others to watch proceedings
  • a separate courtroom for jury deliberations
  • entrances and exits are carefully supervised
  • increased building and touchpoint cleaning will take place

 

These safety measures will be closely looked at in practice, and will be altered accordingly if any issues arise.

 

While we understand that a jury is a vital part of many trials, the safety and well-being of everyone in the courtroom must take priority, and trials should be postponed if the right standards are not met.

 

Received a jury summons?

 

If you receive, or have already received a jury summons for a future date, please keep planning to attend court but do not attend court unless you have been contacted by a jury officer. They will contact you to confirm the days and time you need to attend during your service.

 

Presently, if following government advice you need to self-isolate, you will not be expected to start your jury service. You will need to contact the court and let them know if there’s another reason why you cannot attend. If you are not needed for jury service, the court will inform you.

 

If you are going to attend jury service, be aware that water fountains and cafés are likely to be unavailable. Make sure you bring sufficient food and bottled water (not glass) with you for the day.

 

Now that loss of taste and smell is listed amoung the symptoms of coronavirus, you may be required to taste test on entry to the building. You can claim towards the cost of your food and drink.

 

If you need to speak to someone about your personal circumstances, you can contact the Jury Central Summoning Bureau on 0300 456 1024.

 

Have questions? We are here to help!

 

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!

 

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lisaslaw@web

In 2017, the Home Secretary introduced a concession to the Immigration Rules to allow the employment of non-European Economic Area (EEA) nationals who are joining vessels engaged in the construction and maintenance of offshore wind projects in UK territorial waters.

 

The Home Office has just announced that this concession has been extended, with workers now having leave to enter under the terms of the concession until 31 December 2020.

 

The terms of the concession are as followed:

 

  1. The Home Office has agreed to grant a concession, outside of the Immigration Rules, to workers essential to the construction and maintenance of wind farms within UK territorial waters.

 

  1. The concession will allow non-EEA workers leave to enter the UK until 31 December 2020 for the purpose of joining a vessel engaged in the construction and maintenance of a wind farm within UK territorial waters. (Remember, EEA nationals do not require leave to enter the UK.)

 

  1. Leave to enter under the terms of the concession will not be granted beyond 31 December 2020. During this period, firms involved in the construction or maintenance of wind farms within territorial waters should look to regularise the position of their workers. Those who require leave to enter the UK should have the appropriate permission to do so under the Immigration Rules, such as applying for Tier 2 visas.

 

  1. In order to qualify for entry under this concession and satisfy border security, a person seeking entry for this purpose should produce:

 

  1. A valid passport.
  2. Home Office fees.
  3. A letter from their employer stating that the worker is employed in the construction or maintenance of a wind farm project within territorial waters.

 

  1. Applicants who require a visa should apply online for a visitor in transit visa and select the option, when prompted, “to start work on a ship or aircraft”.

 

Please do not hesitate to get in contact with us if you require more information, our experienced legal team will be able to guide you through the process step by step should you be interested in applying.

 

Have questions? We are here to help!

 

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!

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lisaslaw@web

The property market has been hit hard by the coronavirus crisis, but now mortgage lenders are beginning to introduce new measures to make things easier for people looking to buy or sell during this tough time. The aim is to reduce the amount of disruption caused to such transactions by COVID-19 in the coming months.

 

We have outlined some measure that we have come across ourselves, and we hope that they may be of help to our readers interested or involved in conveyancing.

 

Remote legal advice can be acceptable

 

Whenever there is potential conflict of interest issues or other occupiers rather than the mortgagees themselves, lenders will ask the relevant persons to seek independent legal advice and for a certificate to be sent to the lender to confirm that this has been satisfied. Such advice is normally done face-to-face. With the social distance rules in place, more and more lenders are starting to accept remote advice. It is worth enquiring with your specific lender if this is a possibility.

 

Property searches may not be demanded

 

In light of the fact that many solicitors have been unable to obtain property searches for their clients or had such searches severely delayed, to enable transactions to progress without delay, many lenders may be willing to accept in lieu of searches a “no-Search” indemnity insurance policy to cover any risks associated with proceeding with the transaction without search results being received.

 

Lenders may accept expired searches

 

In order to make sure their customers are able to complete within the period of their mortgage offer, where searches received in respect of the security property have, due to any delay in the transaction, recently expired, lenders may accept search indemnity insurance policies in lieu of customers obtaining a new set of searches. Once again, please do not hesitate to check with your lender.

 

Of course, not everything comes so easily. With the uncertainty caused by Covid-19, more and more lenders are also asking mortgagees to make further declarations to confirm that they have considered the financial risks and any other risks associated with the completion of their mortgage in this challenging economic environment and that they are still willing to go ahead with the mortgage.

 

The declaration may include confirmation of a stable financial position, no plan of requesting a mortgage holiday in the near future, and an understanding that the mortgagees may be contacted by the lenders if need be.

 

Such declarations may have to be signed before lenders are willing to make available any funds.

 

Have questions? We are here to help!

 

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!

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lisaslaw@web

A statement issued from the Department of Transport today (18.05.20) states the following:

 

“In order to keep vital public transport services running in London and further ramp up services to support social distancing, the government agreed on Thursday 14 May a package of support for Transport for London (TfL). It comprises £1.095 billion of new grant and a further loan facility of £505 million. The support can be increased by a further £300 million of grant and loan if revenue loss is higher than forecast at this time.

 

The settlement for TfL was needed for two reasons. Most important is the significant fall in revenue caused by COVID-19. However, an important secondary factor was the pre-existing poor condition of TfL’s financial position as a result of decisions made over the last 4 years. Combined with significant cost increases and delays to Crossrail, this left TfL in serious financial difficulty even before the public health emergency.”

 

There will also be a number of additional conditions, including: restoring services to 100% of pre-COVID levels as soon as possible; requiring TfL to collect fares on buses while ensuring driver safety, which it had stopped doing during the crisis; easing congestion by the temporary suspension of free travel for over-60s in the morning peak and temporarily suspending free travel for under-18s all day. Disabled people will still be able to make use of their concession passes all day, and special arrangements will be made for those children who qualify for free travel to schools.

 

These suspensions are being made in an attempt to lower the amount of congestion on public transport, thus reducing the spread of COVID-19. Essentially, the government only want people using public transport for essential journeys.

 

Congestion Charge Increase

 

There has been some confusion in the responses to London Mayor Sadiq Kahn announced that the congestion charge will be raised from £11.50 to £15. People have been told to avoid public transport if at all possible, which will mean many people will choose to drive instead.

 

For those travelling to work, this will be a hard pill to swallow. It means they will have to pay more to drive into London, but have little choice in the matter if they want to keep their chances of catching coronavirus as slim as possible. It is a Catch 22 situation.

 

Have questions? We are here to help!

 

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!

 

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lisaslaw@web

Business is operating as usual here at Lisa’s Law Solicitors, and we have many brand new developments to ensure a high quality and efficient legal service is provided to our clients.

 

While rules relating to coronavirus mean people now have to stay indoors, we have adapted and brought in new technology which allows clients to remotely instruct with ease.

 

Instructing us from the comfort of your own home!

 

Clients are now truly spoilt for choice when it comes to instructing us, it really could not be easier.

 

Everything can be done while sitting on the couch, walking the dog, or even lounging in bed!

 

You do not need to risk your health to instruct us.

 

Have a read about the new contact options below:

 

Mobile App

 

We have developed a brand new mobile app which is available on both iPhone and Android smart phones as well as tablets, which you can download for free on the App Store and Google Play, just search for ‘Lisas Law’ and it will come up!

 

On this app clients new and old will be able to launch a New Enquiry with us by filling out a simple and quick form, which will be sent directly to us – it couldn’t be easier!

 

Once the case is underway clients can keep up with all the developments using the Check Your Case function. They will know exactly what stage their case is at in seconds, with a touch of a button.

 

Getting important information over to us has been streamlined as well, with the innovative Scan Document function. Clients will be able to scan multiple documents at a time, hit one button to convert them into pdf format, then one more button to send them directly to us. It’s so simple!

 

How to use our new app

 

Simple and Efficient

 

These are the key attributes of the app. Its purpose is to allow for easier instruction for the client, and faster high quality legal service from our caseworkers.

 

The following are instructions on how to use the functions of the app once you have downloaded it onto your device:

 

 

This is the homepage of the app, where you can see its main functions:

 

  • New Enquiry – this is where you can start instructing us from scratch.
  • Check your case – this is where you can follow progress of an existing case.
  • Scan Document – this is where you can scan and send over documents that are needed for your case.
  • Contact us – this is where you can find our other contact options.
  • About us – this is where you can read some information about our firm and our staff.
New Enquiry:

 

 

 

Simply click into the New Enquiry tab, and you will be faced with this very simple form.

 

All you have to do is fill out your personal details, and then give a brief outline of your case.

 

It is vital you give us contact information with which we will be able to get through to you.

 

This information will then be sent to a monitored inbox, and one of our specialist caseworkers will get back to you with a swift reply.

 

Check your case:

 

 

This is available once you have begun a case with us. You will be able to login to Osprey with details from us, and follow the progress of your case, no matter where you are, with the click of a button.

 

Scan Document:

 

 

This is a very important part of the app, and it is integral that it is used correctly.

 

To scan a document, lay the document out flat so that it is easy to read.

 

Then click the button with the cross at the bottom right of the screen. This will open your phone camera.

 

You will then be able to take pictures of the documents, one after the other. Please scan them in chronological order, making sure the information has been properly included.

 

Once you have scanned the documents, hit the PDF button, which will bind them together into PDF format.

 

Once you’ve done this, press the envelope symbol. This will then prompt you to enter your full name or case number if you have one. It is vital you enter this correctly.

 

Once you have done this, will be able to send everything through to our Documentation Inbox safely and securely.

 

Download the app today, specialist legal advice is just a click away.

 

Of course, we are here to support you every step of the way, so please get in contact if you need any help at all using the app. Our main concern is client satisfaction

Ask Lisa

 

Our website has been revamped, it’s now easier on the eyes as well as easier to use.

 

One of its main new features is Ask Lisa. By simply clicking on the Ask Lisa icon, the user will be faced with a very simple form into which they can write down whatever legal issue they need help with.

 

This will be sent to a specifically created email inbox and answered extremely swiftly by a member of our team. Quick, effective legal advice at your fingertips.

 

See for yourself here.

 

Q+A’s

 

Another feature of our new website is a Q+A’s section. Here, clients will be able to select from a variety of forums and read existing information or create a profile and write in their own questions which we will then respond to.

 

Having a bank of questions and answers available on our site is important to us, as we want each visit to our web page to be a learning experience for the user.

 

Our advanced phone system

 

If you prefer to contact us by phone. You can call our office on 020 7928 0276 as usual.

 

Our advanced phone system allows us to answer your queries as usual, whether we are working from home or in the office. Your matters will always be handled with professionalism and integrity.

 

Our priority is to ensure our clients will not be affected by the current pandemic. 

 

 

More ways to stay connected with us?

 

Email into info@lisaslaw.co.uk, or follow us on Facebook, Twitter, YouTube and LinkedIn!

 

We are ready for anything

 

The coronavirus has majorly affected all parts of our society, but we are confident that with these new technologies in place we can keep on working as normal, with the same care and expertise as usual!

 

We are here for all your legal needs. At these difficult times, we can be counted on!

 

Looking for a solicitor does not mean that you have to risk leaving your home.

 

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lisaslaw@web

It might seem like a strange time for the Home Office to change the Immigration Rules, with a global pandemic going on which has already cast so much uncertainty over the world.

 

Nonetheless, they are never short of surprises. On 14th May 2020, the Secretary of the State laid down changes to the Immigration Rules before Parliament. The main changes are mostly about the EU Settlement Scheme and business immigration. Some of them will be welcomed, such as the new policies for victims of domestic abuse and family members of Northern Irish people. However, representatives of overseas businesses will have less to celebrate.

 

Most of the changes summarised below come into force on 4 June 2020, except for the ones relating to the EU Settlement Scheme, which take effect on 24 August 2020.

 

EU Settlement Scheme

 

Northern Ireland Citizens and Their Family Members

 

Some positive changes have been made this time around. The most significant being the expansion of the scope of the EU Settlement Scheme to include the family members of certain British citizens. Family members of certain Northern Irish citizens can now apply for immigration status under the Settlement Scheme rather than through the regular UK family immigration system.

 

To qualify under the Settlement Scheme, the Northern Irish citizens will have to meet the  following requirements:

 

  • Have British or Irish or both nationality/ies
  • Were born in Northern Ireland
  • When born, one or both of their parents must be:
    • Irish; or
    • British; or
    • Both; or
    • Having no restriction to live in Northern Ireland.

 

In the past people, who have identified themselves and their family members as British, have not been able to rely on EEA law to apply for immigration status. The Home Office has always insisted that they can only apply under the UK’s domestic immigration laws.

 

Compared to the UK’s domestic law, any family members of EEA nationals applying for immigration status in the UK have the following benefits:

 

  • They do not need to be in the UK lawfully in order to apply;

 

  • They do not need to meet any minimum annual income (currently, for family members of British nationals, they will need to show an annual income of no less than £18,600 and £22,400 for two persons applying);

 

  • They do not need to meet any English and accommodation requirements;

 

  • The applications are normally free; while for family members of British nationals, there are £1,033 Home Office fees, £1,000 IHS fees per person; and

 

  • The visa permit is 5 years, while it is only 2.5 years for domestic family applications.

 

Victims of Domestic Violence/Abuse

 

Another change on the EU Settlement Scheme is about the scope of victims of domestic abuse/violence who can continue to enjoy the benefits under the EEA laws.

 

Currently, only ex-spouses of EEA nationals who were victims of domestic abuse are able to retain their rights of residence. From August, it will include any family members who falls within the scope of the Scheme (including durable partners, children, dependent parents and dependent relatives), and whose family relationship with a relevant EEA citizen broke down as a result of domestic abuse against them or another family member.

 

Victims of domestic abuse will be able to rely on this, together with their own continuous residence in the UK, in applying for status under the EU Settlement Scheme. This is clearly a big step in the right direction in giving victims of domestic abuse the support they need.

 

 

It is clearly a huge improvement compared to the domestic immigration law in the UK. Under the current laws, only people who are on spouse visas will be protected and can apply for status without relying on the abusive sponsoring partners.

 

Other migrants will not receive any protection from the Home Office, even if they are found to be victims of domestic violence/abuse. They include people who are on discretionary leave to remain and other type visas such as Tier 1 and Tier 2 dependent visas.

 

However, we have to point out that the improvement has not gone far enough. Unlike bereaved family members of EEA nationals, victims of domestic violence/abuse still need to wait for 5 years before they can apply for settlement. They also need to prove that they are either working or looking for jobs. In other words, they themselves need to prove that they are “qualified persons”.

 

Under the UK domestic immigration laws, victims of domestic violence/abuse who are on spouse visas can immediately apply for settlement.

 

There are also minor technical and practical changes including:

 

  • The Home Office may ask an applicant to provide a certified English translation (or a Multilingual Standard Form) of a document which is not in English.
  • Some paper forms may be sent by email, provided an email address is specified on the form. If an application is sent by email, the date of application will be the date “on which it is recorded by the Home Office e-mail software as received”.

Start up and Innovator visas

 

The changes made by the Home Office on 14th May 2020 are focused on the following points:

 

The Home Office will be able to request further information or evidence from applicants or their endorsing bodies, if they have concerns that an endorsement has been issued inappropriately, and to refuse applications if they are not satisfied the endorsement criteria have been met.

 

Higher education providers can now be endorsing bodies for Innovator visas (they used to only be able to endorse Start-up applicants).

 

  • The vague word “viability” used to judge a business idea to be endorsed has been usefully clarified and rephrased as “the applicant’s business plan is realistic and achievable based on the applicant’s available resources”. This seems a logical and clear addition to the rules.

 

  • Applicants may change business venture, providing their endorsing body is satisfied the new venture meets all of the criteria for endorsement, without having to obtain a new endorsement or make a new application (this was already in the guidance but is now also in the rules).

 

  • An Innovator applicant’s business may be already trading, providing they were one of its founders. To relying on existing businesses, applicants must be founders of their businesses and be relying on their own business plans. They must have “generated the ideas in the plan (or made a significant contribution to those ideas) and must be responsible for executing the plan”. Presumably, this is to avoid applicants relying on a third party providing the business plan and them implementing it, in line with the definition of “innovate”.

 

 

Global Talent visa

 

The changes in this route are fairly small and mostly come from requests by endorsing bodies. They include:

 

  • The British Fashion Council wanted to clarify that it will consider applications specifically for those involved in fashion design rather than the wider industry.

 

  • Letters of recommendations should be no longer than three sides of A4 sides, excluding the credentials of the author.

 

  • Documentation from third parties should show the organisation’s logo and registered address.

 

There is also new clarification that exceptional promise applicants in the field of Arts and Culture can submit evidence of appearances in which they were not named. They have the option to provide evidence from a senior individual linked to the work in question, outlining the significant and direct contribution the applicant made.

Representatives of overseas businesses

 

The rules for representatives of overseas businesses, also known as ‘sole reps’ are becoming stricter.

 

The Rules now include a “genuineness assessment”, specifying that a sole rep needs to “genuinely” meet the Rules. What this essentially means is that the Home Office can now refuse an application if they suspect any unsavoury use of the rules.

 

This will clearly open a door for the Home Office’s caseworkers to make assessment based on his/her personal opinions, which will potentially lead to judicial challenges in the future.

 

In the meantime, in order to collect information and/or evidence to strengthen his/her opinion, the caseworkers tend to resort to interviews. It can be predicted that sol reps applications will be subjected to more of such interviews in the future.

 

In addition, the rules now also state that the applicant must have “relevant skills, experience and knowledge of the business”. This seems like an obvious requirement, but the new specific inclusion of this will further lead to more and more subjective opinions in the process of decision making.

 

Finally, the Rules now limit the ability of those with a majority stake in the overseas business to use this route. In particular:

 

  • Where the Rules used to say that a sole representative should not be “a majority shareholder in the overseas business”, they now say the sole representative should not “have a majority stake in, or otherwise own or control, that overseas business, whether that ownership control is by means of shareholding, partnership agreement, sole proprietorship or any other arrangement”. The definition is quite wide and loose. Clearly any indirect shareholding or control will be included in deciding whether a majority stake situation has arisen.

 

  • It is no longer possible for the partner of a sole rep applicant with a majority stake in the overseas business to rely on the Rules to come and live in the UK as his/her dependent.

 

The direct effect of the above change is that owners of family businesses where husbands and wives own or controls business together are unlikely to be able to migrant to the UK under this route in the future.

 

The full Changes to the Immigration Rules can be found here.

 

Have any questions? We are here to help!

 

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!

 

author avatar
lisaslaw@web

A loss of taste or smell have now been added to the list of symptoms related to coronavirus, and if people realise they are experiencing this they should stay home for at least 7 days.

 

Up until now, only a fever and cough were triggers for people to shut themselves away in self-isolation in case they had and could spread the infection.

 

Ear, nose and throat doctors had been warning for weeks that more symptoms should be included. Now, scientific advisers told the government to update the advice.

 

It is worth remembering that loss of smell and taste may still be signs of other respiratory infections, such as the common cold. Experts say fever and cough remain the most important symptoms of coronavirus to look out for.

 

Have any questions? We are here to help!

 

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

The workforce in England is still being told to work from home where they possibly can, a rule which will come as a relief to most people as the struggle against COVID-19 continues.

 

However, some people will be going into work now that Boris Johnson has encouraged those who cannot do their jobs from home to cautiously return. It is vital that employers take every measure possible to ensure their employees are coming into safe and clean workspaces.

 

In many cases, cleaning companies may be hired to ensure maximum peace of mind for everyone returning to work – but where this is not an option the below guidance should be followed in order to get your working area safely cleaned and ready for your employees to come back to.

 

Only certain people should be going to the office

 

Consider who is needed to be on-site; for example:

Workers in roles critical for business and operational continuity, which cannot be done from home. Or workers in similarly essential positions, who are unable to work from home due to external circumstances.

 

The less people in the workspace the better, is the general rule.

 

Preparing to clean

 

  • Wear disposable or washing-up gloves and aprons for cleaning, along with a face mask. These should be double-bagged, then stored securely for 72 hours then thrown away in the regular rubbish after cleaning is finished. Use shoe coverings if you can as well.

 

  • Open any windows you can to get some air flowing through the property.

 

  • Using a disposable cloth, first clean hard surfaces with warm soapy water. Then disinfect these surfaces with the cleaning products you normally use. Pay particular attention to frequently touched areas and surfaces, such as bathrooms, grab-rails in corridors and stairwells and door handles.

 

  • If an area has been heavily contaminated, such as with visible bodily fluids, use protection for the eyes, mouth and nose, as well as wearing gloves and an apron while cleaning.

 

  • Wash hands regularly with soap and water for 20 seconds, and after removing gloves, aprons and other protection used while cleaning

 

Avoid creating splashes or spray when cleaning, as this can create new contaminated areas which are hard to keep track of.

 

Any cloths and mop heads used must be disposed of and should be put into waste bags.

 

When items cannot be cleaned using detergents or laundered, for example, upholstered furniture and mattresses, steam cleaning should be used.

 

Any items that are heavily contaminated with body fluids and cannot be cleaned by washing should be disposed of.

 

 

Hygiene: hand-washing, sanitation facilities and toilets

 

Using signs and posters to build awareness of good handwashing technique, the need to increase handwashing frequency, avoid touching your face and to cough or sneeze into a tissue which is binned safely, or into your arm if a tissue is not available.

 

Other suggested methods to keep the workplace clean:

 

  1. Providing regular reminders and signage to maintain personal hygiene standards.
  2. Providing hand sanitiser in multiple locations in addition to washrooms.
  3. Setting clear use and cleaning guidance for toilets to ensure they are kept clean and social distancing is achieved as much as possible.
  4. Enhancing cleaning for busy areas.
  5. Providing more waste facilities and more frequent rubbish collection.
  6. Providing hand drying facilities – either paper towels or electrical driers.
  7. Personal deliveries to the workplace should be kept to a minimum.

 

Deliveries to other sites

 

  • Put procedures in place to minimise person-to-person contact during deliveries to other sites. For example, arranging pick up points in advance, and keeping 2 metres between you and workers from other companies.

 

  • Maintaining consistent pairing where 2-person deliveries are required.

 

  • Minimising contact during payments and exchange of documentation, for example, by using electronic payment methods and electronically signed and exchanged documents.

 

  • Communicating over the phone with workers from other companies, rather than face to face.

 

If you know a person in your workspace has had coronavirus

 

You should take extra care when cleaning, and make sure to double up on gloves and wear a face mask and apron.

 

Disposing of waste:

 

Waste from possible cases and cleaning of areas where possible cases have been (including disposable cloths and tissues):

 

  • Should be put in a plastic rubbish bag and tied when full.

 

  • The plastic bag should then be placed in a second bin bag and tied.

 

  • It should be put in a suitable and secure place and marked for storage until the individual’s test results are known.

 

Waste should be stored safely and kept away from children. You should not put your waste in communal waste areas until negative test results are known or the waste has been stored for at least 72 hours.

 

  • if the individual tests negative, this can be put in with the normal waste
  • if the individual tests positive, then store it for at least 72 hours and put in with the normal waste

 

If storage for at least 72 hours is not appropriate, arrange for collection as a Category B infectious waste either by your local waste collection authority if they currently collect your waste or otherwise by a specialist clinical waste contractor. They will supply you with orange clinical waste bags for you to place your bags into so the waste can be sent for appropriate treatment.

 

 

After you have cleaned, create a list of rules

 

If you want your employees to keep their office space clean and tidy, you should create and implement a set of rules that everyone will need to follow. This will include disposing of all rubbish in the correct bins.

 

This means separating everything out in the relevant recycling bin. If there is a shared kitchen space, employees need to take responsibility for cleaning any cups, plates, or utensils that they may have used. Food waste should be cleared away and disposed of safely, and bins should be emptied if you find them to be full.

 

Along with the bins, you should encourage employees to frequently wash hands and also wipe down their workstations at least once a day, but more where possible.

 

You can find the government’s full guidance for workplace safety here.

 

 

Different guidance for different workplaces

 

While this guidance focuses mostly on an office type working environment, there are other methods employers and employees can use to keep different working environments, such as factories or building sites, safe for workers.

 

We will be releasing guidance for these working environments in the coming days.

 

Have any questions? We are here to help!

 

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!

 

 

 

 

 

 

author avatar
lisaslaw@web

Getting a British passport is usually not too difficult for nationals of the country, but the coronavirus crisis has complicated the process for many people.

 

If you are in the UK and need a passport urgently, the bad news is that Premium and Fast Track services are temporarily unavailable due to COVID-19. The good news is, there is a hotline for compassionate matters, for situations such as a relative passing away, or for government business. Numbers are below:

 

  • Telephone from inside the UK: 0300 222 0000
  • From outside the UK: +44 (0)300 222 0000
  • Textphone: 18001 0300 222 0222

 

Options for British nationals stuck outside the UK

 

During the lockdown period many British nationals have been stuck outside the UK, and have been unable to travel back due to flights being grounded. Many of their passports have expired or are due to expire shortly.

 

Currently, for all British nationals staying overseas, they will have to apply for new passports via their local UK Visa Application Centre. Due to Covid-19, all the visa application centres are closed all over the world. No one will be able to apply for a British passport. If you urgently need to travel to the UK, you can only apply for an emergency travel document.

 

Eligibility

 

You can apply for an emergency travel document if all the following apply:

 

  • You are a British national
  • You are outside the UK
  • Your passport has been lost, stolen, damaged, is full, has recently expired or is with HM Passport Office or a foreign embassy
  • You do not have time to renew or replace your passport before you travel

What an emergency travel document lets you do

 

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 are 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 will need to apply for a new one.

 

You may need a visa to leave the country you are in or to travel through other countries with your emergency travel document. Check with the embassy or consulate of each country.

 

If your final destination is the UK, border staff will keep your emergency travel document when you arrive. Border staff at a different final destination might also keep the document.

 

How long will it take?

 

Your passport will normally be ready for collection in two working days, provided that you have provided all the relevant information and documents in your application. However, if that is not the case or in some exceptional circumstances, your application may take much longer.

 

How to apply

 

You can apply online here.

 

It costs £100 to apply for an emergency travel document. The fee is not refundable. You can pay online as part of your application. If you do not, you will be asked to pay over the phone.

 

You might need to attend an appointment at your nearest British embassy, high commission or consulate after you apply online. You’ll be told after you have submitted your application whether you need an appointment.

 

You will need to give a contact telephone number and email address as part of your application.

 

We are here to help!

 

We are open and ready to provide you with expert advice, whether you are trying to get back to the UK from abroad, have another immigration based question or need any other legal advice at all. 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!

 

author avatar
lisaslaw@web

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