The Mortgage Process – A Walkthrough

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

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

When is a good time to apply for a mortgage?

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

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

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

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

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

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

What are the main types of mortgage?

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

Fixed rate mortgage:

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

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

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

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

Variable Rate Mortgages

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

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

A step by step walkthrough of the mortgage process:

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

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

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

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

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

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

Amendments to the EU Settlement Scheme (EUSS):

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

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

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

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

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

What else?

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

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

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

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

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

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

Changes to Part 9 of the Immigration Rules:

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

Administrative changes:

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

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

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

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

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

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

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

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

These new visa routes were introduced in March 2019.

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

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

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

Minor amendments to the Tier 1 (Investor) category:

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

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

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

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

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

Minor amendment to Tier 1 rules – Exceptional talent criteria:

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

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

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

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

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

The Home Office have:

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

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

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

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

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

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

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

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

The changes are that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tier 4: Switching into Tier 2:

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

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

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

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

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

Minor amendments to family rules:

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

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

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

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Losing a British Passport abroad – consequences and solutions

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

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

How can you get home without a passport?

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

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

What is an emergency travel document?

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

The Home Office site says this:

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

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

File a police report and ask for a copy:

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

How do you get an emergency travel document?

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

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

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

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

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

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

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

How much does it cost?

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

How long does it take?

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

So finally, a summary of the steps:

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

When you get home

If you find your passport:

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

Apply for a new passport:

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

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

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

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

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

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

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

What options are available to her?

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

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

The judge’s viewpoint:

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

What next?

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

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

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

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

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More Brexit confusion – what is happening with free movement?

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

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

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

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

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

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

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

So what does this mean, exactly?

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

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

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

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

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

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

Time is of the essence:

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

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

More confusion:

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

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

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

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

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

Watch our video about the EU Settlement Scheme here.

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

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Living together vs Marriage – legal rights breakdown.

In the eyes of many people around the world, marriage does not have to be synonymous with love. Millions of people live together, have children and do all the things married couples do without ever tying the knot. Of course, on the reverse side there are people who see marriage as a very important part of expressing love for their significant other, and want their lives to be joined in an officially recognised way, having dreamed about their wedding day since early childhood.

But from a legal perspective there are some massively important differences between a couple being married and just being together. Sometimes it is easy for people who are not married to be caught out by rules or regulations that only benefit married couples, and of course marriages are harder to legally walk away from than, let’s say, simple cohabitation.

Let’s take a look at how being married or just being a long term couple can affect certain situations:

Finances:

Living together:

When couples are living together it is often the case that they will have separate bank accounts which only they as individuals have access to. If one partner should sadly pass away the remaining partner would not have access to the deceased person’s account, unable to be accessed until the estate is settled.

If there is a joint account that both partners have access to then the contents of that account will belong to both people should the relationship end. It would be up to the couple to decide, probably based on the logic of how much each person paid into it, how to split the amount between them both.

If the account is in joint names, on the death of one partner, the other partner becomes entitled to the balance and can continue to have unlimited access to the account. However, a proportion of the balance will be taken into account when calculating the value of the estate of the person who has died.

If you separate from your partner, you should consider closing an account in joint names to avoid your partner spending money that isn’t theirs, leaving you to handle the payments.

Married couple:

If a married couple share a single account, the money in that account belongs to both people regardless of who put it into the account. Should one partner die, the money automatically belongs to the other partner. Debts and overdrafts relating to a joint bank account will be the responsibility of both or either partner, no matter which partner is responsible.

If each partner in a married couple has a separate bank account and one dies, the bank may allow the other partner to withdraw the balance providing the amount is small.

Similar to those living together, on separating from your partner, you should consider closing an account in joint names to avoid your partner accessing the funds or running up debts which will be your responsibility.

Children:

No matter if you are married or not, people with parental responsibility are entitled to have a say in important decisions about a child’s life such as the child’s home, health, education, religion, name, money and property.

Contact with the kids after separation can be sorted out by the parents, informally. For example if both parties are happy to split the time with the children evenly, then that’s great and is far less stressful for everyone involved.

However, if this isn’t possible, you can apply to the court for a child arrangements order.

Financial support of children is the responsibility of both parents. The father is just as responsible even if he is neither living with the mother nor named on the child’s birth certificate.

The father can be contacted by the Child Maintenance Service for maintenance if he is not living with the mother. Similarly, if the child lives with the father, the mother can be contacted. Both same-sex parents are responsible for financially supporting their children if they are the children’s legal parents and can be contacted by the Child Maintenance Service for maintenance.

In the case of parents who live together but are not married, either one can appoint a guardian to act on their behalves should they die. With married couples, either parent can appoint a guardian to act in the event of both parents dying.

Concerning inheritance, even if there is no will, the child of unmarried and married parents has a legal right to inherit from both legal parents and the families of both parents.

Both married and cohabiting couples can apply for adoption.

Living Arrangements:

Living together:

If you are the unmarried partner of a tenant, whether in private or social housing accommodation, you will usually have no rights to stay in the accommodation if the tenant asks you to leave. It is therefore advisable for partners who are living together to be joint tenants, as this gives them equal rights and responsibilities.

Married:

Both married partners have the right to live in the matrimonial home. It does not matter in whose name the tenancy agreement was made. This applies unless a court has ordered otherwise, for example, in the course of separation or divorce proceedings.

Benefits and legal aid:

When one partner of a couple is assessed for legal aid, the other partner’s income and capital are usually taken into account.

However, this will not be the case if:

there is a conflict of interest between you, for example, you are on opposing sides in the court case, or
you live apart and at least one of you considers the relationship to be over.

Death and Inheritance:

Living together:

If one partner dies without leaving a will, the surviving partner will not automatically inherit anything unless the couple owned property jointly. As an unmarried couple, you need to make wills if you wish to make sure that the other partner inherits.

If one partner dies without leaving enough in their will for the other to live on, the surviving partner may be able to go to court to claim from the estate.

If you inherit money or property from an unmarried partner, you are not exempt from paying inheritance tax, as married couples are.

Married couples:

When your married partner dies, you will inherit under the will of the dead partner if it makes provision for you.

If either married partner dies without making a will, the other will inherit all or some of the estate.

Domestic Violence:

No matter your marital status, you can go to court for an order to protect yourself and your children if your partner is violent. The court can order the violent partner to leave the home for a certain period of time and, if the court order is not obeyed, the violent partner can be arrested.

Tax:

Living together:

If you are unmarried, you are taxed separately. Each partner is entitled to a personal allowance when calculating how much income tax they must pay.

Marriage:

Spouses are taxed independently and each partner can claim a personal allowance. Where at least one person in a married couple was born before 6 April 1935, a married couple’s allowance can be claimed as well as the personal allowance.

You can find more detail about the legal differences that being married or not has on couples here.

We can learn from a real life story as well:

Gill Lavery’s fiancé Paolo died suddenly in July 2017, after eight years together. The pair had a toddler son and were planning a second child at the time. Gill was then catapulted into ‘bureaucratic nightmare’ because they were not married.

Gill was not automatically entitled to any of Paolo’s, estate and really struggled, amidst the grief, to care for her young son.

She said:

“Legally, our relationship meant nothing. I’d always believed we were ‘as good as’ married. But despite widespread use of the term, there is no such thing as common law marriage in Britain — and when Paolo died, I had no rights at all.

Data released yesterday by the Office for National Statistics revealed cohabiting couples are the fastest growing type of family in the UK, with 3.4 million couples living together without being married or civil partners.

Other research has shown only 26 per cent of them have made wills.

It happened to me — and it could happen to you, too, if you are part of a family and don’t get married.”

So, what can we learn from these differences?

It is better to be prepared for the worst rather than dealing with the consequences of misfortune and wishing you had acted differently in hindsight.

Set up a will!

Massive amounts of our lives are spent working to provide for ourselves and our loved ones. You may have a house or flat (in the UK or overseas), shares, savings, investments as well as your personal possessions. All of these assets are your ‘estate’. Making a will ensures that when you die your estate is shared according to your wishes.

Everyone should have a will, but it is even more important if you have children, you own property or have savings, investments, insurance policies or you own a business.

No matter if you are married or cohabiting, you should definitely have a will made up to ensure your loved ones are looked after. We can do this at Lisa’s Law and have tonnes of experience, making sure it is done exactly how you want down to the last detail.

Cohabitation agreements are very helpful:

A cohabitation agreement is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while you’re living together and if you split up, become ill or die.

You can make an agreement at any time. It’s good to do it before you move in together. But you may want to consider one if you decide to have children or get a mortgage.

Without one you do not have many rights, and certainly it makes it harder for the courts to deal with splitting estates compared to married couples.

Reasons for setting up a cohabitation agreement:

a share of each others’ assets
access to each others’ state pension
next of kin rights in a medical emergency

Lisa’s Law can help you every step of the way; our family law specialists have a great amount of experience in this area. Some things you might want to think about how to divide up are:

property
investments
pension
savings

If you have any questions about this topic, or need any legal advice related to it on unrelated please do not hesitate to get in contact with us on 020 7928 0276 or email in to info@lisaslaw.co.uk – we are here to help.

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September 17, 2019

Wills and Probate

Wills

If you die without making a valid Will, Probate of your Estate can be complex and costly and your estate will not go to the people that matter to you most. Our fixed fee Will writing service is simple, quick and provides peace of mind. We provide professional Will writing services at very competitive prices and also offer a free will storage service.

Inheritance Tax Planning

Inheritance tax can be expensive, however there are exemptions and reliefs available. Our lifetime planning services can help you achieve the best results for your situation.

Probate

Probate refers to the legal right to deal with a deceased person’s estate. When you lose someone close to you, it may be hard to deal with the emotional loss. But there are practical steps that need to be taken to obtain probate.

We will be sensitive to the challenges you’re facing and can deal with the legal formalities of the probate process from start to finish, whether you are an executor or a recently bereaved family member needing advice on what to do next. We can also help if you need assistance in locating a potential Wills service.

Additionally, you may have found yourself in a situation where you need to challenge a Will or probate arrangement. We can work with you to determine the way forward to achieve the best outcome for your individual situation.

Powers of Attorney

Through a Lasting Power of Attorney (LPA), you can authorise a person of your choice to manage your finances, property, and care decisions, in the event that you are unable to manage your own affairs. If you do become unable to manage your affairs, you can no longer create a LPA, so it is important that this arrangement is in place in advance. Whether you are an appointed attorney for someone else, or need to appoint an attorney, we are here to assist you.

Find out more about wills and probate in our family law brochure here.

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Home Office error results in 2,500 students deported!

The Home Office have recently come out about some mistakes and misjudgements on their part which resulted in are 34,000 foreign students being wrongly accused of cheating in an English Language test in 2015. This test was important to their status in the UK and as a result of these errors many of them have been removed from their studies, detained in removal centres, lost their jobs or ended up homeless, despite being in the country legally.

Sir Philip Rutnam, permanent secretary for the Home Office, has now admitted “real concern” that “hundreds of innocent individuals, possibly more” are continuing to maintain their innocence after being incorrectly judged.

He told the Public Accounts Committee that the Home Office was “paying close attention” to the issue and that Sajid Javid, the home secretary, was expected to make a statement on the issue before recess – almost two months after he pledged to do so.

Sir Philip has said: “We’ve recognised throughout there is a risk that some innocent people might be caught up in this but that the risk is numerically very small.”

He goes on to claim that it is possible for the accused to challenge the decision, but that it is up to them as individuals to ‘demonstrate their innocence’. This is viewed as quite a harsh statement by many people, seeing as the students did not do anything wrong.

In response, Ms Mahmood of the Labour party said: “The risk (of this happening) might have been small, but we are talking about human beings here, and the impact even if on a small number of people isn’t just a little bit bad but it’s pretty catastrophic. It’s not just really concerning, it’s shameful.”

She added: “Do you know how much it costs to go to court? They’re not all the children of billionaires or multimillionaires who have come to study in this country and put money into the coffers of our colleges and universities.”

The amount of people removed from the UK as a direct result of this scandal is around 2,500 and this number is expected to rise.

A total of 4,157 people accused of cheating had been granted leave to remain, with hundreds more still fighting legal battles, which cost a lot of money that many of them cannot afford to spend.

We will keep you posted on how this develops.

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Good character testing on youths – a help or a hindrance?

The ‘good character’ tests conducted by the government are carried out with the general public’s interest in mind, with their main purpose being to exclude any non-desirables from being granted citizenship in the UK. It may be safe to say that these tests and those carrying them out, on the whole, would be met with great approval in the vast majority of cases, but as is the case with most things that the government do, there are some controversies within the matter.

Too young to judge?

The Human Rights committee in Parliament have become very vocal recently about how these ‘good character’ tests are being applied to young applicants (10-18 year olds) of British citizenship. Their main concern is that children who have been born and raised in the UK are losing out on their right to citizenship because of petty misdemeanours, and that the Home Office are being too harsh in the judgements of these youths.

The question is often raised that when offences are committed by a person early on in their life, should they have massive repercussions that could last a lifetime? Obviously it depends on the seriousness of said crimes, but still this is a part of the on-going dialogue of whether or not young offenders should eligible for British citizenship.

Issuing good character tests that have been designed to assess adults can be seen as rather severe and can even lead to misleading results. Initially the requirement for good testing on youths was reserved for very serious cases, to do with crimes such as rape or murder, things like that. Yet, many children have been refused citizenship as a result of very light crimes and occasionally where no full-blown offence has been committed at all.

The Human Rights committee have said offences barely worthy of a police caution should not affect whether a youth is granted citizenship or not. They say that it is inappropriate to add this weight to the shoulders of children who do not know any other country other than the UK, which has always been their home.

Details of the ‘good character’ tests:

Type of offences that may impact a good character test (including but not limited to below):

Fixed penalty notices (such as speeding or parking notices)
Road traffic offences
Theft
Violence or sexual offences or drugs
Drunk-driving
Driving while uninsured or disqualified or whilst using a mobile phone

Consequences of these actions:

4 Years or more imprisonment – this would usually result in the applicant being refused citizenship regardless of when the crime took place.
Between 12 months and 4 years imprisonment –this would result in refusal unless 15 years or more has passed since the completion of the sentence.
Up to 12 months imprisonment – Application will normally be refused unless 10 years have passed since the end of the sentence.
A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record – Application will normally be refused if the conviction occurred in the last 3 years.

Different types of convictions issued:

A person who is subject of an extent Deportation Order will be refused citizenship regardless of when they apply.
A suspended prison sentence will be treated as a “non –custodial offence or other out of court disposal that is recorded on a person’s criminal record.
The exception is where that sentence is subsequently ‘activated’. This means that the person re-offended or failed to adhere to/breached the conditions of that sentence. Where this happens, the sentence length will be the one originally imposed
A “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record includes” Fines, Cautions, Warnings and Reprimands, Community Sentences, Civil Orders, Hospital Orders & Restriction Orders and Potential Court Orders.
Sentences imposed overseas will normally be treated as if they occurred in the UK
The “end of the sentence” means the entire sentence is imposed, not just the time the person spent in prison. For example, a person sentenced to 3 years’ imprisonment on 1^stJan 2013 will normally be refused citizenship until 1^st Jan 2031 – the 15 year ‘bar’ added to the 3 year sentence.

Government expectations when assessing good character, addressed to the parents of the child:

You must give details of all civil judgements which have resulted in a court order being made against you as well as any civil penalties under the UK Immigration Acts. If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. (Your application is unlikely to succeed if you are an undischarged bankrupt.)
You do not need to give details of family law proceedings such as divorce decrees, dissolved civil partnerships, guardianship orders and parental responsibility orders.
You must say if your details have been recorded by the police as a result of certain sexual offences. If your details are recorded on the “sex offenders” register, even if any conviction is spent, the Home Secretary is unlikely to be satisfied that you meet the good character requirement and so an application for citizenship is unlikely to be successful.
You must tell the Home Office if the child is arrested or charged with an offence after you make the application and while the application is under consideration.
You must also say whether the child has had any involvement in terrorism. If you do not regard something as an act of terrorism but you know that others do or might, you should mention it. You must also say whether the child has been involved in any crimes in the course of armed conflict, including crimes against humanity, war crimes or genocide. If you are in any doubt as to whether something should be mentioned, you should mention it.

Previous controversies:

The process of registering children born in the UK to immigrant parents has been shrouded in controversy for other reasons too, mainly due to the high costs involved in the application.

Registering one child costs £1,012, which gives the government a profit of £587 per individual case. Over the past 5 years the government has made an estimated £100,000,000 through these registrations alone.

These high registration fees will hinder children from less affluent backgrounds from exercising their rights to UK citizenship.

Conclusion:

So, while these tests are vital to the vetting process that the Home Office are required to carry out, is the line being drawn too close to minor offences, or should even the slightest crime have an impact when children are trying to become British citizens? We’d be very interested in what our readers have to say on this heated topic!

In the meantime please do not hesitate to get in contact with us regarding this matter or any other legal issue. You can call us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

lisaslaw@web

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News and Insights

The current situation:

A fresh take on immigration:

What does Lisa’s Law make of all this?

Some possible effects of this change:

When is a good time to apply for a mortgage?

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

What are the main types of mortgage?

Fixed rate mortgage:

Variable Rate Mortgages

A step by step walkthrough of the mortgage process:

How can you get home without a passport?

What is an emergency travel document?

File a police report and ask for a copy:

How do you get an emergency travel document?

How much does it cost?

How long does it take?

So finally, a summary of the steps:

When you get home

What options are available to her?

The judge’s viewpoint:

What next?

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

So what does this mean, exactly?

Time is of the essence:

More confusion:

Let’s take a look at how being married or just being a long term couple can affect certain situations:

Finances:

Children:

Living Arrangements:

Benefits and legal aid:

Death and Inheritance:

Domestic Violence:

Tax:

We can learn from a real life story as well:

So, what can we learn from these differences?

Set up a will!

Cohabitation agreements are very helpful:

Reasons for setting up a cohabitation agreement:

Too young to judge?

Details of the ‘good character’ tests:

Previous controversies:

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