Coronavirus and UK Immigration: What story do the statistics tell?

On the 27^th of May the Home Office released their most up to date quarterly immigration statistics for the year ending 21^st of March 2021. These stats include data in which we can see how many people came to the UK during this time period, how many extended their stay, the number of people who gained citizenship, applied for asylum, were removed from the UK and everything in-between.

The statistics this time were often reflective of the world we found ourselves living in over the course of 2020 and part of 2021, one heavily affected by a global pandemic that is still on-going. This means, in most cases, all numbers related to immigration decreased in comparison to years previous. But what can we learn if we look into the details of the report, and is there anything that stands out as we look at these numbers? This is what todays article will focus on.

How many people came to the UK (March 2020 – March 2021)?

Unsurprisingly, this number took the heftiest decrease of all, with only 18 million arrivals (including returning UK residents). While this number may seem large at first glance, this is an 87% decrease from the previous year. Coronavirus has a direct impact on this statistic as international travel has been banned for the majority of the year in question.

Similarly, there were just 668,979 visas granted in the year ending March 2021, 78% less than the previous year. Of the visas granted in this last 12 months, 38% were for study, 26% were to visit, 18% were to work, 6% were for family, and 12% for other reasons.

To put it into perspective the impact of the COVID-19 pandemic on UK immigration, take a look at the chart below from the Home Office website:

EU and Hong Kong applicants:

The UK received more visa applications from Hong Kong than the EU during this first quarter of 2021. In fact, while there was nearly 35,000 applications from Hong Kong, there was under 6,000 from the EU. There are many reasons for this, namely the end of free-movement, the continuing impact of COVID-19, and the introduction of the BNO Visa.

It is also likely that many people from the EU who had planned to come to the UK simply chose to do so earlier, before the end of 2020, therefore avoiding the tougher and more costly experience of a post-Brexit immigration system. This paired with the economic effects of the pandemic and travel restrictions all point to the low number of visa applications at the start of 2021.

Focussing on the applicants from Hong Kong, it is rather a different story. Over 34,000 people from this area applied to live in the UK by the end of March 2021. It is likely that there was some built up demand for this visa, but these initial numbers are a good indication to how popular this route will be with people from Hong Kong.

Skilled Worker visas:

Skilled Worker visas saw a 37% decrease, which is more severe than both the study and family visa routes. This is likely linked to the negative impact the coronavirus had on business and the economy, such as many employers not taking on new staff and in some unfortunate cases businesses shutting down permanently.

Also, where some industries were put on pause for many months, such as those in the entertainment industry and hospitality industries, there was a campaign urging people to re-train. While many viewed this as slightly distasteful, it meant that more businesses will start recruiting after the easing of the travel restrictions. We anticipate that there should be substantial increase in this type of visa from autumn on, with the economy anticipated to grow faster than forecasted.

Student visas:

Student visas experienced a 16% decrease overall. Chinese nationals were the most common nationality granted Sponsored study visas in the year ending March 2021, accounting for 35% of the total. Still, when comparing the number of Chinese nationals who were granted student visas to last year’s number, we find a 26% decrease. On further examination, Chinese Students comprised almost two thirds (65%) of the overall decrease in Sponsored study visas in the year ending March 2021. We can point to the fact that COVID-19 restrictions were implemented early in China, from January 2020, and may have disproportionately affected Chinese students.

Family visas:

There were 168,464 visas and permits granted for family reasons in the year ending March 2021, which is a 13% reduction on the year ending March 2020. A sharp fall in grants was seen in April to June 2020 (90% lower than in the same period in 2019) due to the impacts of the COVID-19 pandemic. Family related visas and visas granted to dependants of people coming to the UK both saw reductions of 33% and 10% respectively.

However, we can see the influence of the EU Settlement Scheme in this report as grants of family permits increased by 5% to 54,527. There were 17,110 EEA family permits and 37,417 EU Settlement Scheme (EUSS) family permits granted in the year ending March 2021.

The EU Settlement Scheme had a 212% rise compared with the year before, showing that awareness of the scheme and the desire to sign up to it has risen massively. Admittedly, it is to be expected that more people signed up as the deadline approached. Also, this route opened at the end of March 2019, therefore the first complete year ending comparison will be in Q2 2021.

Staying put in the UK – Visa extensions and Settlement

Extensions:

There was a 15% decrease in in people extending their visas than the year previous, however this number does not include people who had their visas extended due to COVID-19 restrictions. The number of people who remained in the UK would have in fact been much higher, but it would not have reflected those who made the personal choice to do so.

This reduction in people who actively wanted to extend their stay in the UK could be due to Brexit, and the fact that free movement with the rest of the EU is coming to an end. It could also be in retaliation of the political statement that Brexit makes, which some visa holders may not be in agreement with.

Settlement:

There were 93,143 decisions on applications for settlement in the UK from non-EEA nationals in the year ending March 2021, a 2% decrease on the previous year. Of these, 91,346 (98%) resulted in a grant. This slight reduction may also be linked to Brexit.

When thinking about settlement, it is also worth remembering that the BNO visa we mentioned above, which many people from Hong Kong will take advantage of, can lead to UK settlement after 5 years.

Citizenship:

British citizenship is still highly desirable according to these latest statistics. There were 176,910 applications for British citizenship in the year ending March 2021, 7% more than the year ending March 2020.

In terms of EU applicants, the number rose substantially by 45% to over 63,000 – meaning that EU nationals accounted for over a third of all citizenship applications. While we mentioned that some may be deterred by Brexit to extend their stay in the UK, the threat of potentially coming across complications with their status in the UK seems to have pushed many towards cementing their citizenship here.

Detentions and enforced returns:

Both detentions and enforced returns were lower than in previous years, with the number of detainees being down by 44%. This is in direct connection with the pandemic, as more people were granted leave to remain because they could not travel to return to their home country. This meant that there were far less people in breach of their status requirements.

Now that travel restrictions are slowly being lifted, it would make sense for this number to start increasing again in the coming months.

What do we think?

We are not at all surprised to see that levels of immigration, particularly regarding arrivals into the UK, are extremely low compared to years in the past. The pandemic has meant that international travel was largely halted, leading to these low numbers.

Looking for more interesting assessments of these statistics, we find ourselves focussing more on the increased amount of people from Hong Kong applying to come to the UK and the continual desire people have to secure UK citizenship, both of which had positive numbers amid the statistics. We believe that in future reports we will continue to see an influx of people from Hong Kong coming to the UK on the back of the BNO route, looking to work and study here with a goal of achieving citizenship.

Have questions? We are here for you!

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

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

Email us on [email protected] .

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

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James Cook

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E-visas, E-permission to Travel, E-sponsorship System – What are the key points in the Home Office’s New Immigration Plan?

On the 24^th of March 2021, the Home Office released their official plan moving forwards on how to deal with immigration and border control in the UK. Part of the statement issued on the government website addresses the well-known fact that free movement between the EU and the UK ended on 31 December 2020 as a result of the Brexit referendum, and that new immigration policies have been brought in to match this decision.

For example, a point’s based system was brought in to attempt to limit those coming to the UK to people who have desirable attributes in the eyes of the government. These attributes are mainly down to what jobs those people will fill, or if they have valuable knowledge or in some cases strong family ties to the UK. The Home Office statement also details how stronger measures are being put in place to keep people with criminal histories out of the UK.

There will also be more developments into the digitisation of border controls including the introduction of Electronic Travel Authorisation and e-visas.

Of course, your opinion on much of this is likely to depend in some capacity on whether you voted to leave or remain in the EU, but nevertheless, these are the immigration rules that will be in place for the foreseeable future.

This article will go into detail on what the latest Home Office plan means for the future immigration situation into the UK, drawing from the information announced on the 24 May 2021.

Points based system:

The Home Office have described the points based system as Fairer, Firmer, and Skills-led. We are sure that to many it will certainly feel firmer, but whether it is fairer will be a more debateable topic. The idea is to focus predominantly on what the applicant will bring to the UK, and match their attributes up against the objective desires of the UK, which have been set by the Home Office. This system is nationwide covering England, Scotland, Wales and Northern Ireland.

Essential factors will be having a job offer from a Home Office licenced sponsor, meeting a required skill level of RQF 3 or above (A Level and equivalent), and being able to reach English language requirements. Tradable points come in the form of filling a role on the Shortage Occupation List, or having a PhD in a relevant subject to the job they are going for.

The system is part of what the Home Office is calling its Build Back Stronger agenda, by which the main focus is training the domestic workforce within the UK, but allowing the ‘best and brightest’ from different countries to come and work here as well.

The logic here is clear. These rules will help to vet applicants and ensure that only those with particular attributes can come to the UK to work. To many people this will be a practical and agreeable way of handling immigration, but on the other hand some may be against the potential limitations that this stricter system will harbour. We will have to wait and see if the benefits outweigh the negatives.

Improvements on Sponsorship system?

Due to the sponsorship aspect being a core part of the points based system, the Home Office announced some improvements for sponsoring companies. These include:

Reducing the amount of time it takes to sponsor an individual by up to eight weeks.

Removing the resident labour market test and suspending the cap on numbers.

Making the sponsor licence application fully paperless, and re-designing the sponsor guidance, making the system simpler, more streamlined and accessible.

In theory, these are all positive moves. However, it has often been the case in the past that sponsorship applications are delayed, causing great inconvenience to applicants. We hope that the system is indeed as smooth as the announcement implies.

Suspending the cap on the number of applicants is good, but the skill surcharge fees and health surcharge fees are increased and hence the total costs for skilled worker visas. It will mean that more people will be deterred from applying for it.

Moving further into the digital world:

The selling point of the New Plan for Immigration is the rolling out of new technology, which will supposedly bolster the border control and visa systems within the UK.

At the borders, new technology called Border Crossing BX will be used and is said to improve the quality and timeliness of information available at the primary control points (PCP) for Border Force officers. This technology has been successfully piloted and is being rolled out nationally.

The Border Crossing BX technology is due to be in place from Summer 2021, and one of its uses will be to quickly check if someone has applied for or been granted status under the EU Settlement Scheme.

Electronic Travel Authorisation (ETA):

The UK has taken some influence from the US in that visitors and transit passengers who do not currently need a visa for short stays, or who do not already have an immigration status prior to travelling, will be required to obtain an Electronic Travel Authorisation as an additional security measure. This will apply to everyone, apart from British and Irish citizens and those with British citizenship in the Crown Dependencies or British Overseas Territories.

This is likely to cause split opinions, as it is essentially another hoop for people to jump through in order to come to the UK – but the added security will be seen as a positive by some.

E-visas:

It is indeed the case now that the majority of applications from individuals seeking to work or study in (and for visa nationals to visit) the UK are now made online. This is positive for many reasons, one being that it is better for the environment. Further, it should reduce production costs and improve border security by greatly limiting the possibility of forgery or theft of documentation.

The Home Office has stated that the digital visa will allow them to know precisely when a migrant is in or out of the UK and the precise figure of migrants in this country. The information it contains will be shared between different governmental departments, so that they will know the relevant person’s immigration status immediately and their right to work, rent or access to NHS service.

We do believe that the E-visa system will help improve the accuracy of the Home Office’s immigration data; but we are also aware of the growing competencies of online crime and forgery. The Home Office will need to be vigilant of any potential leaks or hacks into their system by implementing strong cyber-security across the entire framework.

What does the future bring?

In their announcement, the Home Office continue to describe how they will focus on digitising the immigration system, making sure it runs smoothly and efficiently via the use of data and cutting edge technology.

The overarching principles are stated as such:

Transform the customer experience through a simplified and streamlined system based on individual needs.

Maximise the benefits of having full control of our borders and being better able to know who is coming to the UK and leaving, and driving up compliance against terms of admission.

Use data and enhanced digital systems, building on the success of the EUSS, to underpin this transformation.

We feel positive about this aspect of the announcement, because an end to end digital immigration system, if implemented properly, will be secure and environmentally friendly. It will allow those who have been granted status to be clearly identified, meeting no resistance at the borders.

The only concerns we have are potential delays in inputting the correct information, meaning someone’s status is not uploaded, or a visa application is not handled as quickly as it should be. A completely digitised system is unlikely to leave any room for debate on such issues, and so it is vitally important that the correct information is entered into the system when it should be.

Universal Permission to Travel:

In what appears to be similar to the Electronic Travel Authorisation we mentioned above, the Home Office announcement explains that as part of a phased programme leading to 2025, a Universal Permission to Travel requirement will be introduced. It will require everyone wishing to travel to the UK (except British and Irish citizens) to seek permission in advance of travel. The Home Office claim that it will facilitate the passage of legitimate travellers, keep a wider range of threats away from the UK and allow Border Force officers to focus on persons of interest.

It appears that this is another security based focus, as the report states that universal permissions to travel, data and advanced risk analytics will allow Border Force Officers to focus on people who pose the greatest risk, with this examination likely to take place after the individual has been through the automated checks. It will allow the Border Force to focus mainly on those who pose the greatest threat from crossing UK borders.

Like Electronic Travel Authorisation, such measure is likely to be applicable to visa-free nationals only, as visa nationals will need to apply for entry clearance as before, which will place themselves under the Home Office’s scrutiny.

The full plan for the UK’s Immigration and Border system can be found here, along with Home Secretary Priti Patel’s speech on the subject.

What do we think?

There are aspects of this new guidance that we support, such as the improved digitisation of the immigration system, and the extra support available to sponsors. However, only time will tell if these changes will work in a wider sense, as there will now be greater limitations on who is able to come to the UK, and even those just coming to visit will have more hoops to jump through in the future.

Have questions? We are operating as usual!

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

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

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

Links to download below:

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Android: https://play.google.com/store/apps/details?id=com.lisaslaw

James Cook

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How to move homes under the current Unlocking 3.0?

Moving home has been possible during lockdown, but the moves have happened within rules that have been changing as we gradually take steps towards normality. As we move forward into Step 3 of the roadmap out of lockdown, where more social contact is permitted in certain situations, the government have once again updated the guidance on moving home. The latest guidance was published on the government website on 17 May 2021, and is now the active guidance that should be followed.

Of course, the general safety guidance still applies, such as frequently sanitising hands and wearing facemasks when coming into contact with others, but some more specific rules are now in place when it comes to viewings, moving belongings and how those working in the industry can operate as we take this step forward. The below information is essential for anyone looking to move home and those who will assist clients in their move, from conveyancers to estate agents and tradespeople.

Guidance for those moving home

Preparing to buy, sell or move home:

You are still able to market your home using estate agents and online services, so that people can see it is available. However, if you or any member of your household is showing symptoms of COVID-19 or is self-isolating, then estate agents and potential buyers should not visit your property in person.

You can market your home and estate agents can visit in order to take photos/videos of your property.

To help prevent the spread of infection, it is recommended that you carry out initial property searches online, and only visit a property in person when you are seriously considering making an offer on it.

If you wish to buy a new-build property, you should contact the developer. You should be able to make an appointment to view the show home or visit the particular plot you are interested in purchasing.

Viewings:

Wherever possible, virtual viewings should take place. Only once a virtual viewing has taken place should an in-person visit be made before finally making an offer. This will greatly minimise the potential for spreading coronavirus.

In person viewings must take place by appointment only, rather than the ‘open-house’ method where many people can come and view the house at the same time, and all in attendance must wear a facemask unless exempt. Social distance should be maintained while in the property. Different people can view the house on the same day, but their visits must be separated via allocated time slots. If you arrive and there are still people viewing the property you should wait until they have left before entering yourself.

If your property is being viewed, it is good practise to open all of the internal doors so that there is no need for anyone to touch the handles, and to provide hand sanitiser on entry.

Once the viewing has taken place, the occupant or agent should ensure surfaces, such as door handles, are cleaned with standard household cleaning products and towels disposed of safely or washed as appropriate.

Making offers and reservations:

The main point of difference when it comes to progressing with a move during the pandemic, is the heightened possibility of delays occurring. Delays can happen if someone involved in the deal, be it the purchaser or the seller, contracts coronavirus. This will mean they have to self-isolate and the move will be halted. This means that contracts and agreements must be as flexible as possible so that if delays do occur, one party is not punished for the completion being put off. It is worth checking that there is a clause / paragraph that accounts for any COVID-19 related delays before signing any form of contract.

Prospective purchasers or renters may wish to re-visit a property once they have agreed a sale; for example to measure up the rooms when thinking about furniture. Where this has been agreed to, the above advice on prioritising virtual visits, hygiene measures, maintaining social distancing at all times and mitigating contact where possible should be followed.

Purchasers may also want to arrange for tradespeople to carry out inspections in the property. Where possible these should be scheduled with one person visiting the property at a time. If anyone in the household contracts COVID-19 prior to a tradesperson visiting the property, this visit should be delayed. We will go into more detail regarding the role of tradespeople later in this article.

Moving belongings:

You are able to hire removals firms to help move your belongings from one place to another, but it is highly recommended that you get in touch with them in advance. Like any other business, removals firms may be operating in a reduced capacity, or may be booked up. Once you know you are moving into a new property, you should book a removal firm right away.

You and your household should also try and do as much of the packing yourself as possible. However, where you are using a removals firm, you may wish to get their advice on packing in advance, in particular the arrangements for packing fragile items. It is good practice to clean your items before and after they are handled by removal firm workers.

If removal firms are unavailable, another household can help you move your belongings, but social distancing guidelines and hygiene measures should be followed where possible.

While the removers are in your home, you should ensure any internal doors are open and try to minimise your contact with the removers, maintaining a distance of at least 2 metres where possible.

Guidance for industry workers

As is the standard practice, industry workers such as estate agents, conveyancers and removal workers should wear facemasks and maintain social distancing wherever possible. It is also a good idea to let potential customers know that you will be acting in-line with the COVID-19 guidelines.

Estate agents:

Estate agents are permitted to be open and active, but should always enquire before any party member is showing symptoms of COVID-19 before going ahead with any showings.

Inform those who they are showing properties to that they are required to wear a mask, as is standard procedure. Similarly, hand sanitizer should be used by everyone before and after they enter the property.

Where possible, encourage clients to view properties virtually before going there in person.

It is important that estate agents are flexible when arranging viewings and moving dates, and should always be agreeable when plans have to change due to coronavirus.

Keys should be cleaned with disinfectant spray or wipes before being handed over.

Agents should ask clients whether they have returned to the UK from one of the countries not on the exception list. If clients have returned from a country on the quarantine list, agents can continue to progress their home move virtually until the quarantine period is over.

Tradespeople:

Often, moving home will coincide with getting repairs done to your old and new houses. When the time comes to sell your current house before moving to a new one, it is likely that some work may be needed in order to get the best price on the property.

Tradespeople such as plumbers, electricians, locksmiths and builders are permitted to work. They, like everyone else, must follow the standard social distancing rules and wear masks, but in general they are permitted to work as usual, especially if they work by themselves or as a small team.

The main thing for any tradesperson to do before accepting a job is to receive confirmation from the client that no one in the house is displaying any COVID-19 symptoms.

More comprehensive guidance for specific tradespeople and companies can be found here:https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

Conveyancers (like us!):

Our conveyancing team has been very busy handling a wide range of enquiries over the past few months. To keep our clients and our staff safe, we have been handling cases remotely where possible and have made sure that we are always easy to contact to answer any questions our clients may have.

When meeting clients, conveyancers should always ensure social distancing is possible and that masks are work for the duration of the meeting. We make sure to meet in rooms which are spacious enough to accommodate people within the appropriate distance.

This last point is very important, and is something that our team has implemented as a standard now. This is that conveyancers should always promote flexibility making provisions for the risks presented by coronavirus, for example when advising clients who are ready to move not to exchange contracts on an occupied property unless they have made explicit provision for the risks presented by the coronavirus. This is integral and can help prevent a vast amount of issues from arising in the future. It is essential for peace of mind.

What do we think?

We are happy to see things return to a slightly more normal state, and hope that as long as people stay within the guidelines we can continue on roadmap out of restricted life. We feel that the rules are reasonable and can be followed without too much effort.

As a business ourselves, with a large and active conveyancing team, we have seen first-hand the benefits of conducting yourself within COVID-19 guidelines. You only need to look at our Google reviews to see that our clients have been over the moon with the way we conduct ourselves. The main objective is to make everyone feel safe and that their case is being handled efficiently and successfully. To be COVID-secure is to be professional, so if a business wants to act in a professional manner, they should follow the guidance listed above.

Have questions? We are operating as usual!

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

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

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

Links to download below:

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

James Cook

See Full Bio

Fantastic positions open here at Lisa’s Law – come and join our team!

We have some fantastic roles available in our busy, London based law firm. Over the course of the COVID-19 pandemic we are pleased to say that business has continued to grow here at Lisa’s Law. We are thrilled to say that we are looking to welcome some new faces to fill some excellent positions across our team!

Working at Lisa’s Law

Lisa’s Law is a forward-thinking, modern law firm. We value each member of the team highly and welcome their contributions and ideas. Career development is of paramount importance to us. We endeavour to create a relaxing and friendly work environment and provide every opportunity for colleagues to learn, develop and lead.

Now is a great time to join us! So, what positions are on offer?

All positions will be full-time and based at our offices in the SE1 area, near Elephant and Castle station, and Waterloo station.

Immigration Supervisor

We are looking to recruit an experienced immigration supervisor with extensive experience of handling a wide range of immigration matters. They would be of a commercial mind-set with excellent communication skills, both written and verbal and possess the skills to contribute to our growing success.

Your responsibilities will include but are not limited to the following:

Develop, market and grow the immigration department.

Day to Day supervision of the immigration department ensuring that they maintain high standard of service; maintain practice standards; resolve any compliance matters; meet expected targets.

Provide regular updates and internal training to the immigration department.

Identify new business opportunities.

Optimise and streamline the department’s procedures.

Stay up-to-date with the latest relevant legislation and policy changes.

Conduct regular file reviews of all immigration colleagues.

The ideal candidate will have the following attributes:

Excellent Chinese language skills both verbal and written is preferable.

Extensive experience in appeal, JR, bail, EEA, PBS and HR applications.

At least 3 years’ supervisory experience.

Proven ability to work under heavy workload and to tight deadlines.

Good attention to detail and personal organisation skills.

Salary £70,000+, dependent on experience.

To apply for this role email your CV and cover letter to [email protected] or apply through this link.

Litigation Supervisor

We are looking to recruit an experienced Litigation supervisor who is a three year post qualified solicitor with extensive experience of handling a wide range of contentious issues including commercial, civil and property litigation. This is a really exciting opportunity for the right candidate.

Your responsibilities will include but are not limited to the following:

Develop, market and grow the Litigation department.

Day to day supervision of the Litigation department ensuring that they maintain high standard of service; maintain practice standards; resolve any compliance matters; meet expected targets.

Provide regular updates and internal training to the Litigation department.

Identify new business opportunities.

Optimise and streamline the department’s procedures.

Stay up-to-date with the latest relevant legislation and policy changes.

Conduct regular file reviews of all immigration colleagues

The ideal candidate will have the following attributes:

Excellent Mandarin language skills both verbal and written is preferable.

Extensive experience in handling Litigation cases.

At least 3 years’ supervisory experience.

Proven ability to work under heavy workload and to tight deadlines.

Good attention to detail and personal organisation skills.

Salary £70,000+, dependent on experience.

To apply for this role email your CV and cover letter to [email protected] or apply through this link.

Chinese Speaking Solicitor or Experienced Paralegal

We are looking for qualified solicitors or experienced paralegals with experience of handling a wide range of legal matters in Immigration, Litigation, Family and or Conveyancing. We are looking for people with excellent communication skills, both written and verbal. We are after enthusiastic, knowledgeable candidates who will help our firm continue to grow and thrive!

Your responsibilities will include but are not limited to the following:

Manage your own caseload.

Provide a high-quality legal service to clients.

Meet and interview clients and take clients’ instruction.

Advise clients on the law and legal issues relating to their case.

Supervise junior paralegals, trainees and legal assistants.

Draft documents, letters and contracts tailored to client’s need.

Keep up to date with changes and developments in the law.

The ideal candidate will have the following attributes:

Excellent English and Chinese language skills both verbal and written.

At least 3 years’ experience in Immigration, Litigation, Family and or Conveyancing.

Proven ability to manage a large caseload and work to tight deadlines.

Good attention to detail and personal organisation skills.

Salary between £30,000 and £50,000 dependent on experience.

To apply for this role email your CV and cover letter to [email protected] or apply through this link.

Chinese Speaking Experienced Conveyancer

We are looking for candidates with experience of handling a wide range of commercial and residential conveyancing matters including freehold and leasehold conveyancing, landlord advice and disputes, land disputes and joint ownership. This is a wonderful time to join our conveyancing team, as we are receiving a wide range of interesting enquiries in this area.

Your responsibilities will include but are not limited to the following:

Manage your own caseload.

Provide a high-quality legal service to all clients.

Meet and interview clients and take clients’ instruction.

Advise clients on the law and legal issues relating to their case.

Supervise junior paralegals, trainees and legal assistants.

Draft documents, letters and contracts tailored to client’s need.

Keep up to date with changes and developments in the law.

The ideal candidate will have the following attributes:

Excellent English and Chinese language skills both verbal and written.

At least 3-years’ experience handling commercial and residential conveyancing matters.

Proven ability to work under heavy workload and to tight deadlines.

Experience of handling large caseloads.

Good attention to detail and personal organisation skills.

Salary between £30,000 and £50,000 dependent on experience.

To apply for this role email your CV and cover letter to [email protected] or apply through this link.

Chinese Speaking Paralegal

We are looking for candidates with an interest in Immigration, Family Law and Property Law. We are after those with a great work ethic and strong communication skills, both written and verbal. You would be joining a fantastic team of knowledgeable and supportive colleagues.

Your responsibilities will include but are not limited to the following:

Manage your own caseload.

Meet and interview clients and take clients’ instruction.

Advise clients on the law and legal issues relating to their case.

Draft documents, letters and contracts tailored to client’s need.

Keep up to date with changes and developments in the law.

The ideal candidate will have the following attributes:

Excellent English and Chinese language skills both verbal and written.

A degree in law.

Experience in Immigration, Family Law or Property Law desirable.

Good attention to detail and personal organisation skills.

Salary between £20,000 and £40,000 dependent on experience.

To apply for this role email your CV and cover letter to [email protected] or apply through this link.

Have questions? We are operating as usual!

If you have any questions about any of these roles, or are after some legal advice, we are here for you!

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

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

Links to download below:

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

James Cook

See Full Bio

Protection for renters remains, but notice period is cut to 4 months

Over the course of the pandemic, the government has brought in many polices and guidelines in order to protect UK residents. One such measure was a ban on evictions, whereby renters could rest assured that they would not be made homeless during the COVID-19 outbreak. This was a very positive policy which benefitted many people.

Now that Coronavirus restrictions are easing and the country begins its journey back to normality, the eviction ban is due to change. On 12^th May 2021, Housing Minister Christopher Pincher announced the following changes:

Notice period to be reduced

From 1^st June 2021, landlords’ notice to evict tenants will be reduced from current 6 months to 4 months, until at least 30^th September 2021.

For both landlords and solicitors who intend to service notices to evict tenants now, they may well be better off to wait until 1^st June 2021, as by then the notice period will be shortened by two months.

Some landlords who have already served notices on their tenant may wonder whether they should replace a new notice with the previous one, as it could mean that they can commence eviction proceedings sooner for the above reason.

It should be noted that for any planned eviction based on rent arrears, the notice period will be further shortened to two months from 1^st August 2021, where the arrears are less than four months’ rent. This will further reduce landlords’ anxiety.

Definition of rent arrears as a serious factor has changed:

From 1^st June 2021, rent arrears of up to 4 months will be treated as a serious factor. In such circumstance, the landlord only need to give the tenants 4 weeks’ notice before they commence Court proceedings. Currently, only arrears of up to 6 months are treated as a serious factor. Many landlords will clearly take advantage of this change.

Eviction ban to cease:

The current ban on bailiff-enforced evictions, introduced as an emergency measure during lockdown, will end on 31 May. This means that From 1 June, bailiffs will be able to enforce evictions; however, social distance has to be complied with. Further, no eviction should be carried out where people living in the property have COVID-19 symptoms or are self-isolating. This requires that bailiffs will have to do more field work.

Exceptions to the above general rules:

A: certain behaviours can lead to much shorter notices

There are some exceptions in which shorter notice periods can be issued to tenants. For example, notice periods for the most serious cases that present serious strains on landlords are listed below:

anti-social behaviour (immediate to 4 weeks’ notice)

domestic abuse in the social sector (2 to 4 weeks’ notice)

false statement (2 to 4 weeks’ notice)

4 months’ or more accumulated rent arrears (4 weeks’ notice)

breach of immigration rules ‘Right to Rent’ (2 weeks’ notice)

death of a tenant (2 months’ notice)

B: No eviction where breathing space has started.

This normally applies where landlords and tenants have reached an agreement to pay rent and clear arrears under the rules of the debt respite scheme. Unless the tenants have breached the terms of the agreement, the landlords are not allowed to commence eviction proceedings, even if it means that the tenants may have been in arears of more than 4 months’ rent.

Cruel or Fair?

We have to say that it is not easy to define these measures with any single word. It all depends on from which side you are looking at them. Some measures will be welcome by landlords and hated by tenants, and vice versa. We can only say that we are in a difficult time, which requests both landlords and tenants to work together and reconcile reasonably. Such team work will clearly bring in mutual benefit in a longer term. Even where parties are unable to settle disputes between themselves, it is our strong view that mediation should be sought in the first place, rather than Court proceedings.

Further questions on eviction?

Please do not hesitate to contact us. We are operating as usual!

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

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

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

Links to download below:

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

James Cook

See Full Bio

EU Settlement Scheme Backlog Could Leave Many Applicants Status In Legal Grey Area!

The all-important EU Settlement Scheme has been open since March 2019 in response to Brexit. Its purpose is to allow EU, non-EU EEA and Swiss citizens and their eligible family members living in the UK the opportunity to protect their residence in the UK. The deadline to get on to the EU Settlement Scheme is 30 June 2021 – next month!

As expected, millions of people have applied to the scheme to ensure they keep their status. However, out of the 5.3 million applications that have been received by the Home Office, only 4.98 million have been processed so far. This mean that hundreds of thousands of people may be left in legal limbo if this backlog is not handled by the cut-off date.

The most worrying aspect of this is the potential loss of certain rights that these people should have, such as the right to use the NHS, receive benefits and work.

We must say that this huge backlog in EU Settlement Scheme applications points to some incompetency on the part of the Home Office. Such an important scheme should run as smoothly as possible, and while we appreciate the fact that many people are applying, the size of this backlog is still very surprising and alarming.

What happens if an applicant is not granted a decision in time?

The Home Office have said that all those who have applied for the EU Settlement Scheme before June 30, but have not had a decision, will have their rights protected until the decision is made. This may be reassuring to some, however, this is not to say that these applicants will not face hardships elsewhere. For example, it is possible that landlords may take issue with the fact that their tenants have not had their status confirmed by the Home Office and may deny tenants access to property in order avoid potential fines themselves. It can create a stressful situation for these applicants even though they may have applied to the scheme in time.

There could also be administrative complications for people while they wait for their decision, as we have seen in the past that despite being promised their status will remain in place while a decision is made, negative effects can become apparent when applying for government aid or accessing the NHS.

What if an applicant has not applied by June 30?

This circumstance may lead to even more serious consequences. Those who fail to apply in time are likely to not be looked on in a positive light by the Home Office and in the worst case scenario may be liable for detention and removal, as their residence in the UK would be considered unlawful.

Where those who have applied but have not received a decision may face complications accessing the NHS or benefits and so on, those who have not applied at all are more likely to feel the full force of these restrictions, and will not have the reasonable explanation to fall back on that they have applied but have not received a decision from the Home Office yet. Other hardships they may come across is being unable to open bank accounts and having their UK driving licences revoked, which may put people into extremely negative situations.

Vulnerable people could be at risk

We believe that the majority of people will be aware of the EU Settlement Scheme and will know to apply to it, however there will be some more vulnerable people who may face action without even knowing that they should have applied to the scheme.

Several factors may result in people not successfully applying for the EU Settlement Scheme.

For example:

Being aware! Awareness of the EU Settlement Scheme and an understanding of it should not be presumed. Some people may be in the dark about its existence.

Vulnerable people (including those in poverty, victims of modern slavery, of domestic abuse, and homeless people/rough sleepers) will be much less likely to apply due to having their options reduced, not having access to the right documents or a computer or simply not being allowed.

Technical difficulties – some may struggle using the application process for many reasons, including:

○ being unable to read the application (language or literacy barriers)

○ mental and physical health problems and disabilities

○ low digital literacy

No evidence! Many EU citizens may lack the proper evidence to prove their eligibility for EUSS, and the greatest risk will be faced by those who lack evidence of both residence and economic activity. It is more common than people think that people are without the correct documentation, through no fault of their own.

If you or anyone you know is having trouble accessing the scheme, we are here to help! Our team will guide you through the process every step of the way.

Reminder – Who needs to apply?

EU, non-EU, EEA and Swiss citizens and their eligible family members living in the UK must apply. Those who do not apply may face very serious consequences and their right to remain in the UK will come under considerable question.

It should be noted that this also applies to many EEA nationals and their family members who have been living in the UK for many years and taken it for granted that they will continue to be allowed to live here, even without going through the settlement applications.

This assumption is incorrect. Under the current rules, all eligible EEA nationals and their family members will have to apply again under the settlement scheme, even if they have acquired permanent residence under the previous EEA law; otherwise, they may have to leave the UK after 30^th June 2021.

Reminder – The role of family

Family is an important factor in the EU Settlement Scheme, and for some their family will define whether or not they are eligible for the scheme at all. If you are not an EEA or Swiss national yourself, you will need to rely on a certain family relationship with such a national to qualify.

The Home Office allows for such family members to apply on the basis of a qualifying relative:

spouse

civil partner

durable partner (unmarried partner whose relationship is akin to marriage or civil partnership, and the applicant holds a relevant document in this capacity)

child under 21 of the EEA citizen or of the spouse or civil partner

dependent child over 21 of the EEA citizen or of the spouse or civil partner

dependent parent of the EEA citizen or of the spouse or civil partner

dependent relative of the EEA citizen or, in some cases, of the spouse or civil partner (and the applicant holds a relevant document in this capacity.)

Preparing the right documentation

It is important that applicants prepare the correct documentation when applying. This includes:

an identity document – your passport, national identity card, biometric residence card or permit

a digital photo – you can take a selfie during the application

your National Insurance number or proof of how long you have lived in the UK

a mobile phone number

an email address

proof of your relationship if you are applying for a child or another family member

evidence the relevant EEA national is exercising his/her EEA treaty rights

If the applicant’s child is an EU, EEA or Swiss citizen, a birth or adoption certificate will be needed to prove their relationship.

If the child is from outside the EU, EEA or Switzerland, their biometric residence card is to be used to prove their identity.

Have questions? We are here to help!

If you are having trouble applying to the scheme, have questions or concerns about it, please do not hesitate to contact us.

We are ready to provide you with a fantastic legal service and there are many ways for you to get in touch!

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

Email us on [email protected] .

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

Links to download below:

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

James Cook

See Full Bio

May 16th: Cut-Off Date for Right to Rent Check Concession!

On March 30^th 2020, landlords were given the green light to conduct right to rent checks on their tenants using digital means to make life easier during the COVID-19 pandemic. This meant that the checks could be conducted over video calls, tenants could scan over documents or take photos of relevant paper work rather than providing original copies. There was also a right to rent app that was available to use.

This will remain the case but only until May 16^th 2021, when the old guidance will come back into play, whereby landlords will have to check the original documents or check their tenants right to rent using the online service if they have access to the tenants share code. This is in-line with the government guidance allowing indoor socialising from May 17^th.

One important thing to remember is that the landlords will NOT have to conduct retrospective checks on their tenants if they have already conducted a digital check. Previously it was planned that they would have to conduct retrospective checks but this has been changed, which we view as a positive move.

Business as usual

Now that restrictions are slowly being eased, landlords will be expected to return to checking their tenants’ right to rent in the regular way from May 17 2021.

You can read all about right to rent checks and the relevant procedures in our previous article here, but we will summarise the main points below.

Who has the right to rent?

People have the right to rent if any of the following apply:

they are a British or EEA citizen

they have indefinite leave to remain or settled status

they have refugee status or humanitarian protection

they have permission to be in the UK and have a valid visa

the Home Office has granted them a time limited right to rent

How should landlords conduct a right to rent check after 16^th of May 2021?

It is essential that landlords conduct a right to rent check before they enter into a tenancy agreement with a person. If a person’s right to rent is time-limited, the landlord should conduct a follow-up check shortly before their leave expires.

Document checks are the usual way landlords can tell if someone has the right to rent in the UK. If a prospective tenant can produce either one document from group 1 or two documents from group 2 then they should meet the requirements.

It is important that the landlords are vigilant in their checks, and make sure that the documents are consistent, genuine and have not been tampered with.

Also, despite indoor socialising being permitted in some cases from May 17^th, we would suggest that both the tenant and landlord wear masks and try to keep their distance where possible, as a safety precaution.

List Group 1 – (One document needed).

A passport showing that the holder is a British citizen, or a citizen of the UK and Colonies having the ‘right of abode’ in the UK.

A passport or national identity card showing that the holder is a national of the European Economic Area (EEA) or Switzerland.

A registration certificate issued by the Home Office to a national of an EEA state or Switzerland.

A document certifying permanent residence issued by the Home Office to a national of an EEA state or Switzerland.

A permanent residence card issued by the Home Office to the family member of a national of an EEA state or Switzerland.

A document issued by the Home Office to a family member of a national of an EEA state or Switzerland and which indicates that the holder is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK.

A biometric immigration document issued by the Home Office to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK.

A passport or other travel document endorsed to show that the holder is ‘exempt from immigration control’, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has ‘no time limit’ on their stay in the UK.

An immigration status document containing a photograph issued by the Home Office to the holder with an endorsement indicating that the person named in it is allowed to stay in the UK indefinitely or has no time limit on their stay in the UK.

A certificate of registration or naturalisation as a British citizen.

List Group 2 and more– (Two documents needed).

This list includes many variations of certain government issued letters and documentation, which can be found from page 4 and onwards of this document. Certain combinations will amount to the tenant having the right to rent.

Where a person is unable to present a landlord with any of the above acceptable evidence, the landlord can make a request to the Landlord Checking Service to establish whether their prospective tenant has a right to rent.

Right to rent online checking service

Landlords may be able to check their tenants’ right to rent online as long as their tenant:

has a biometric residence card or permit

has settled or pre-settled status

applied for a visa and used the ‘UK Immigration: ID Check’ app to scan their identity document on their phone

If the tenant is an EU, EEA, or Swiss citizen, they can continue to use their passport or national identity card to prove they can rent in England until 30 June 2021.

To use the online service the landlord will need the tenants’:

date of birth

‘share code’

The share code will be emailed to the landlord or given to them by the tenant.

You can find a link to the online service here.

Retrospective checks not required

As we mentioned at the start of this article, landlords who have conducted checks via digital means from 30 March 2020 to 16 May 2021 are not obliged to re-check the original documents. We feel that this is a show of understanding for the difficulty the pandemic has caused landlords, and will save them from chasing up tenants for information they have already provided.

Final thoughts

In terms of the Home Office reverting on their previous stance regarding retrospective checks, we are pleased to see this has been reverted. To demand secondary checks would be time consuming for everyone involved. We also feel that the digital checking system worked fairly well over the course of the pandemic.

However, as we mentioned in our previous article on right to rent checks, the Home Office’s online right to rent checker has proved to be unreliable in the past. The main issue is that some candidates can be shown as not having the right to rent as a result of their immigration status being outdated or inaccurate.

It is the law that if an applicant has submitted their application for renewed status before their previous status has expired, their lawful status remains valid while their applications are processed. However, in the past this has not always been translated into the right to rent system, so landlords have been given information that suggests their tenants do not have the right to rent when legally they do.

We hope that the system has been updated, and that the revisions to the system during the COVID-19 pandemic will have helped to iron out issues such as these. We will have to wait and see.

Have questions? We are here for you!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to [email protected] for any questions you may have on this topic.

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

If you have an iPhone, follow this link to download.

If you use an Android phone, follow this link to download.

Find the link here if you need some further instructions on how to use our new app!

James Cook

See Full Bio

An App for Your Applications – Let’s Hope it Lasts Longer This Time!

A large wave of applications for replacement Biometric Residence Permits (“BRP”) and Biometric Residence Cards (“BRC”) over the past few months has led to some congestion within the Visas and Citizenship Appointment Service (UKVCAS), which has the risk of paralysing the Home Office’s visa application system again. More and more applicants are struggling to book appointment to provide their biometric information, which is a mandatory step before their applications can be processed.

To reduce the pressure caused by such titanic backlog, the Home Office has just announced that applicants applying for BRC and BRP replacements will be able to use their app to provide necessary ID information, as in most cases, the applicants’ biometric information has been retained by the Home Office and can be reused.

What are Biometric Residence Permits and Biometric Residence Cards?

The BRP and BRC hold applicants’ biographic details (name, date and place of birth) and biometric information (facial image and fingerprints), and shows their immigration status and entitlements while they remain in the UK. BRPs are titled ‘Residence Permit’ or ‘Short Stay Permit’ and BRCs are titled ‘Residence Card’, ‘Permanent Residence Card’ or ‘Derivative Residence Card’.

By immigration laws, BRP or BRC cards are conclusive evidence of foreign nationals’ right to live, study or apply for public funds in the UK. They need to produce it to their employers, banks and other parties. If they are damaged, lost or stolen, the relevant persons need to apply for new cards within three months; otherwise, they could be fined up to £1,000.00.

Identification Verification App

As applicants who have applied for UK visas have already known, one compulsory procedure in their application process is to provide biometric information, irrespective of whether it has been provided or not during previous applications and how many times it has been provided.

The Home Office claims that the IDV app will provide a more streamlined and modern alternative for those completing applications from within the UK. It is said to be very easy to install onto most phones. It will allow the selected applicants to reuse their previously submitted fingerprints and photographs. Essentially, the main appeal of the app is that it will save applicants from having to go to their local UKVCAS visa centre.

Things to note regarding the app

As the app requires applicants re-use their biometric information, the user must have had their information taken in the past. This means people who are applying for their status in the UK for the first time and have not provided their biometric information will not be able to use the app.

Also, the app will only be available to people within the UK and that have received an email invitation to use the app after submitted their request for a replacement BRP or BRC.

Once the applicants have submitted their BRP/BRC replacement application, UKVI will assess whether their application can be progressed using the IDV app. If suitable, they will then email the applicants inviting them to use the app to proceed their applications to the next stage.

What do we think?

It should be noted that the IDV app is not a new invention. It was first promoted by the Home Office when Covid-19 started in April last year, but was stopped after some time. The Home office are yet to state what problems the app has experienced and whether such problems have been resolved. We just hope that it will last longer this time.

Have questions? We are operating as usual!

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

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

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

Links to download below:

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

James Cook

See Full Bio

Domestic Abuse and COVID-19: a new protocol to ease confidentiality concerns for victims

Domestic abuse is an incredibly serious crime which often goes unreported and unnoticed, leaving police data on such crimes only accounting for a small part of a larger issue. While recent data does show that domestic abuse is on the rise, it is difficult to say for certain that the rise is directly related to COVID-19. However, many factors of the pandemic, specifically the national lockdowns, will have a role to play in the ever growing number of domestic abuses cases being reported.

In order to protect the confidentiality of the domestic victims, the Designated Family Judges for Essex and Suffolk, Norfolk, Cambridgeshire, Buckinghamshire, Bedfordshire, Hertfordshire, Surrey, Sussex, Kent, East and Central London have recently agreed to a new protocol in dealing with domestic abuse cases.

The protocol is devised to protect the victims’ confidential information like their locations, which can be a major issue in domestic abuse cases where the victim has managed to find an alternative location to stay.

It is hoped that this new protocol, along with an increase in social awareness around domestic abuse, should provide extra protection to the victims of such crime.

What is domestic abuse?

Most readers will know already that domestic abuse is abusive behaviour from a family member, partner ex-partner, or someone the victim lives with. Some examples of domestic abuse are as follows:

physical or sexual abuse

psychological or emotional abuse

violent or threatening behaviours

coercive behaviour – for example, humiliation or intimidation

controlling behaviour – this may be making someone feel less important or dependent on the abuser

‘economic abuse’ – this includes controlling someone finance or possessions

The key factors of the new protocol are as followed

victims applying for an urgent order under the Family Law Act 1996 (FLA 1996) will be entitled to go to any court, for example, the first available judge of the family court.

a victim for an order under the FLA 1996 and the Children Act 1989 may be residing in an area unknown to the respondent, meaning they wish to apply in a court in a different area to maintain that confidentiality and their safety.

the courts in the South East and London will assist any victim with good reason to apply in their court of choice and will not encourage or direct that the applications should be issued in or transferred to the local court.

where a victim claims confidentiality before issuing their application, the court shall confirm with the victim their choice of court and note the file to avoid any unnecessary transfers to any other courts.

where confidentiality is claimed by any party, the court will not transfer the case to another court without first receiving a formal application for transfer (Form C2) which has been served on all of the relevant parties.

Initial thoughts on the protocol

It appears that the protocol should be able to provide some victims of domestic abuse some peace of mind that the location of the court will not allow the respondent to narrow down their location. The Courts and their officers and judges are under duty to do whatever they can to support such victims.

Another positive is that it addresses potential administration issues, where cases may be passed on to other courts, or where applicants may not be notified about any changes of location. It is good to see that the new protocol takes into account this basic but essential administrative procedure, to ensure that the applicant is not put in an unexpected situation.

While it appears that this protocol is currently in use within London and the South East of England, we would hope that the rest of the country adopts it, depending on its success.

We are here to help victims of domestic abuse!

Here at Lisa’s Law, our door is always open to people looking for legal support in any situation, we will always endeavour to get the result you want and will do everything in our power to make sure our clients feel safe and looked after by the powers invested in the law. There is support out there and we urge anyone who finds themselves at the hands of an abuser to use it.

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to [email protected] for any questions you may have on this topic.

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

If you have an iPhone, follow this link to download.

If you use an Android phone, follow this link to download.

Find the link here if you need some further instructions on how to use our new app!

James Cook

See Full Bio

When does the Bank of Mum and Dad finally close? A look into ‘adult child’ maintenance.

Young adults living with their parents is not as unusual as it was a couple of decades ago. The prices of houses has gone up, especially for those living in major cities, and more and more people decide to carry on studying before taking up real jobs to earn enough money to afford rent and food. What was once perceived as incompetence has slowly become part of normality.

Parents will often have to support their kids for longer than they had envisioned when they first welcomed their child to the world, and of course many of them will be more than happy to do so. However, what happens when adults refuse to stop depending on their parents, or the relationships break down while the adult-child and parents are still living together, or when the family is split by divorce? This is the focus of today’s article.

The curious case of Faiz Siddiqui

An interesting case was in the news a few weeks ago involving a 41 year old solicitor called Faiz Siddiqui who was attempting to sue his parents in order to make them grant him lifelong financial maintenance. His claim was that he had underlying health issues and that for his parents to not support him would be a breach of his human rights. The seriousness of the health issues were found to be hard to gauge. The case garnered quite a bit of attention due to Siddiqui already living in an expense London apartment that his parents provided, and also due to his standing as a well-educated solicitor who had experience working for highly-regarded law firms.

Siddiqui has previously made some headlines when he tried unsuccessfully to sue Oxford University, claiming that poor teaching standards had left him with a 2:1 degree rather than a 1^st class one. In retrospect, it is likely that such a case may have already painted Siddiqui in a certain light in the public eye, and the eye of the courts.

After a falling out amid the family, the parents had decided to reduce the amount of support that would give Siddiqui. Siddiqui took up legal action against them and his initial claim was rejected by a family court. The case was then taken to the Court of Appeal, where the appeal was dismissed as well. Mr Siddiqui was made to pay for his parents legal costs.

This case is admittedly more unusual than many family based legal issues, but it acts as an interesting point of discussion within this field. It shows that parents cannot always be held accountable to the continued support of their children, and that the law will often do its best to be rooted in logic. For example, if Siddiqui was found to have serious health issues that meant he was unable to care for himself, the Court’s ruling may well have turned out differently. The end result will always depend on individual circumstances.

Housing issues and adult children

As we mentioned at the beginning of this blog, people are remaining at their family homes for longer and longer. This is due to many factors, such as the current COVID-19 pandemic and increased house prices. With most families, this will not be a cause for concern necessarily, but as everyone knows that families can have a tendency to fall out. This can be for any number of reasons, and often there is no clear right and wrong side.

In terms of the law, a child who is over the age of 18 who is still living with their parents has similar rights to that of a lodger, or person of no relation to the owners of the house. In fact, they have less rights in some regards. For example, because there is unlikely to be paperwork in place in the form of a tenancy agreement or some kind of contract which means the child can stay in the property, there is a reduced need for them to be given eviction notice should the parents want them to leave. They are known as an excluded occupier. An excluded occupier does not need a court order to be evicted.

In such circumstances, parents only need to give a reasonable notice for the children to move out. There is no rule on what reasonable notice is in this situation. It all depends on a person’s particular circumstances. If the children are paying rent, it is usually the rental period, or any contribution they made to the household. If the children are not paying rent, it will be a reasonable period when the children are expected to find new accommodation.

If the notice period ends, the parents may self-help without the use of violence including changing the locks and putting the child/children items outside. However, it is important to be aware that parents may face claims for damages if any of the child/children’s items are damaged through negligence. It therefore will be reasonable for the parents to leave the children’s personal belongings in a safe place, like safe-catering storage unit.

If the children still insist on staying, the parents can proceed to get an eviction warrant to forcibly move the children out.

It is always better to try and be as civil as possible, and if an agreement cannot be reached, it may be worth contacting a solicitor. We are always here to talk through any issues relating to family or property law.

Divorced parents and adult children

When it comes to divorce, the courts will tend to view children under 18 years old as a top priority when considering how to approach the case, but this does not always remain the case when the child is over 18. Understandably, children who are under 18 are usually more dependent on their parents for financial support and accommodation, especially those younger children and infants.

Where an adult child has a serious disability, or requires a lot of care, then the courts will take a different view when arranging how that care will be divided, but if the child is in good health, the care need of that child will usually be much less. Depending on the individual circumstances, the parents may not be under any duty to provide maintenance. In such circumstances, even if one parent does not mind, the other parent can oppose it.

What do we think?

As a firm, we have dealt with many cases involving family disputes, division of assets and custody of children. Of course, looking for an outcome that suits everyone is the main point of call, although we understand that in some circumstances pleasing everyone may not be possible.

When it comes to adult children, in the eyes of the law they do not have much in the way of legal rights linking them to their parents. In most cases, they will be expected to be independent financially of their parents. If a dispute is to occur, they will not normally be entitled to financial support from their parents. That being said, we feel that it is always best to look for solutions which will allow for strong family relationships to continue wherever possible, and to try to finalise disputes in a respectful and practical manner.

Have questions? We are operating as usual!

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

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

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

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James Cook

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News and Insights

How many people came to the UK (March 2020 – March 2021)?

EU and Hong Kong applicants:

Skilled Worker visas:

Student visas:

Family visas:

Staying put in the UK – Visa extensions and Settlement

Extensions:

Settlement:

Citizenship:

Detentions and enforced returns:

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Points based system:

Improvements on Sponsorship system?

Moving further into the digital world:

Electronic Travel Authorisation (ETA):

E-visas:

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Universal Permission to Travel:

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Guidance for those moving home

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Viewings:

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Guidance for industry workers

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Working at Lisa’s Law

Now is a great time to join us! So, what positions are on offer?

Immigration Supervisor

Litigation Supervisor

Chinese Speaking Solicitor or Experienced Paralegal

Chinese Speaking Experienced Conveyancer

Chinese Speaking Paralegal

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Notice period to be reduced

Definition of rent arrears as a serious factor has changed:

Eviction ban to cease:

Exceptions to the above general rules:

A: certain behaviours can lead to much shorter notices

B: No eviction where breathing space has started.

Cruel or Fair?

Further questions on eviction?

What happens if an applicant is not granted a decision in time?

What if an applicant has not applied by June 30?

Vulnerable people could be at risk

Reminder – Who needs to apply?

Reminder – The role of family

Preparing the right documentation

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Business as usual

Who has the right to rent?

How should landlords conduct a right to rent check after 16th of May 2021?

Right to rent online checking service

Retrospective checks not required

Final thoughts

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What are Biometric Residence Permits and Biometric Residence Cards?

Identification Verification App

Things to note regarding the app

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What is domestic abuse?

The key factors of the new protocol are as followed

Initial thoughts on the protocol

We are here to help victims of domestic abuse!

The curious case of Faiz Siddiqui

Housing issues and adult children

Divorced parents and adult children

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