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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The Magic of the Make a Wish Foundation

The ethos of our company, from the very beginning, has always been to help people. Whether it is working hard on an immigration case to reunite families, assisting a young couple to make their first steps on the property ladder, or educating vulnerable people of their rights in the workplace, we want everyone to know that Lisa’s Law can be a place of support and positivity.

Wanting to take this further into the world around us, we have launched our first charity initiative with the fantastic Make a Wish Foundation UK. The work that this organisation does is so valuable and brings joy to so many families and young people across the nation.

We have donated £500 to this phenomenal charity. The money is coming directly from the interest in our client account, and has been donated to this cause with the permission of all the clients involved – we thought this would be the best way to spread the word of Make a Wish from the very top of our law firm all the way down through the workforce and into our client base.

For those of you not familiar with the Make a Wish Foundation, they raise money on behalf of critically ill children in order to grant them a wish of their choosing. The things the charity have achieved are nothing short of incredible. The money is used for extraordinary things, from the children getting to star in their own films, going on the holiday of a lifetime, or climbing mountains, there really in no limit to what the people at Make a Wish can bring to reality for these kids.

This is the first of many Lisa’s Law charity initiatives that will be occurring over the coming months and years. It is important to us as a firm to give something back and do what we can to help the wonderful people at Make a Wish and the hundreds of other charities which work every day to make the world a better place!

You can learn more about Make a Wish on their website here: https://www.make-a-wish.org.uk/ so please take a look and donate what you can, it truly is an amazing cause.

We will keep you all right up to date with all our future charity events and will be sure to plan some things that everyone can get involved with!

Be sure to follow us on Facebook and Twitter!

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September 11, 2019
Brexit, EU, Spouse, Visa

EU Spouses of British Citizens – What does Brexit mean for you?

The result of the 2016 referendum had a lot of people feeling on edge for many different reasons, but some groups definitely had more substantial and tangible fears than others. Right near the top of this ‘stress pile’ lie the spouses of British citizens from EU countries.

Everyone, understandably, feared the worst. Assumptions were made about mass separation of families. Would husbands be separated from their wives? Who would be allowed to stay, and what proof would be required by the Home Office to grant leave to remain? It was a real whirlwind of uncertainty.

Well, now that the dust of the referendum result is finally starting to clear, we are happy to tell you that the vast majority of European spouses will find securing their right to stay in the UK pretty straight forward, not the absolute nightmare it was initially predicted to be.

So, where do European spouses stand?

Before the Brexit vote, most Europeans in the UK were not especially concerned with their legal standing in terms of their residence in the UK. The requirements would only become apparent to them when applying for residence documentation to confirm their right to live in the UK – but many people did not bother with this as it wasn’t something that was frequently chased up in previous years.

These requirements, unbeknownst to so many, were things like:

Being employed
Being a student
Being self-sufficient
Being married or related to someone in the UK

Once the Brexit vote happened, a lot of people realised they were not in keeping with some of these rules. Many of them had lived in the UK for years, even raising children who were themselves born in Britain. However, they didn’t qualify as ‘self-sufficient’ due to a lack of sickness insurance.

But some things changed after the vote:

After a lot of talk from politicians and much speculation from the public, it is now confirmed that all it takes for EU citizens to meet the requirements for settled status is for them to be living in the UK by the end of 2020. If the UK ends up leaving the EU without a deal the cut off will be Brexit day. They will also be subject to criminality checks, which is a standard precaution.

This means that employment status, self-sufficiency and medical insurance no longer play a part in achieving residence documentation and staying in the UK for European spouses.

Applicants who have lived in the UK for five years or more (by the end of 2020) will qualify for full settled status. This means they can only lose this status if they are absent from the UK for five consecutive years.

Those who have been here for fewer than five years will qualify for pre-settled status, upgrading to full settled status after they hit the five year mark.

How to apply:

The process starts with an initial enrolment through the government’s app, which will scan ID documents or read electronic versions of ID. This is followed by a short online form. Following the completion if this form, the applicant will be issued with electronic confirmation of their status.

Another positive is that the government has gotten rid of the £65 charge that this application was initially going to cost.

What documents need to be provided?

For those applying for pre-settled status, the only thing needed is a document dated to any time over the past 6 months. This can be:

A bank statement
A utility bill
An NHS letter
A travel ticket confirming entrance to the UK
Those applying for full settled status must show that they have lived in the UK for 6 out of 12 months of the year consistently for 5 years.

Stay at home spouses will find this quite hard to prove, but here is a link to the Home Office’s document example list – it seems that there are quite a lot of options available.

Some examples below:

annual bank statement or account summary, showing at least 6 months of payments received or spending in the UK
employer letter confirming employment and evidence that the employer is genuine, for example, their Companies House number
council tax bill
letter or certificate from your school, college, university or other accredited educational or training organisation showing the dates you enrolled, attended and completed your course
invoice for fees from your school, college, university or other accredited educational or training organisation and evidence of payment
document showing a UK address from a student finance body in England, Wales, Scotland or Northern Ireland or from the Student Loans Company
residential mortgage statement or rental agreement and evidence of payment
letter from a registered care home confirming your residence there
employer pension contributions
annual business account of a self-employed person
a P60 for a 12-month period – your P60 shows the tax you’ve paid on your salary in the tax year (6 April to 5 April). The Home Office may ask you for additional evidence to confirm that you were resident here for at least 6 months of that period.

So, we can safely say that despite the outcome of the EU referendum leaving a sour taste for a very large portion of the UK’s population, this new process for leave to remain for EU spouses can be seen as a positive rather than a negative and will hopefully help put some minds at ease.

If you have any questions about this topic, or any legal enquiries at all please do not hesitate to get on contact on 020 7928 0276 or email in to info@lisaslaw.co.uk.

lisaslaw@web

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Right to buy schemes – it’s not always Easy Street!

What is the right to buy scheme?

The right to buy scheme helps eligible council and housing association residents in England buy their home with a discount of up to £38,000 or 70% of the total value of your home, whichever is lower. This is an option only open to certain people and there are certain criteria that must be met before candidates are considered.

If you want to check you eligibility you can do so on the Right to Buy website. The general things the council look for when considering applicants are whether:

it’s your own or main home
it’s self contained
you’re a secured tenant
you’ve had a public sector landlord (for example, a council, housing association or NHS trust) for 3 years – it does not have to be 3 years in a row.

The discounts

The maximum discount varies across the country, with London having the lowest discount of £16,000 (other than Barking and Dagenham and Havering), and the South East with the highest discount of £38,000, other than a few exceptions.

However, if you applied to buy your home before 21st November 2024, then the maximum discount you can get is whichever of the following is lower:

70% of the value of your property
£136,400 if your home is in a London borough
£102,400 if your home is outside London

Right to buy saw significant reform in November 2024, with Housing Secretary Angela Rayner announcing a number of changes to both retain and increase the UK’s social housing stock in order to address the housing crisis. A further four changes have been proposed by Rayner as part of a consultation.

These include:

Having to live in a house for more than three years to claim a discount
Exempting newly built social homes from the scheme
Forcing authorities to build a home for every one they sell
Increasing the limit on when councils can reclaim the discounts if the a buyer sells the property from five years to 10 years

The discount is based on

the type of property you’re buying – a flat or house
the value of your home
where you live
how long you’ve been a tenant with a public sector landlord

If you’re buying with someone else, you count the years of whoever’s been a public sector tenant the longest.

You’ll usually have to repay some or all your discount if you sell your home within 5 years.

You might get a smaller discount if you’ve used Right to Buy in the past.

Obviously there are massive positives to this scheme and it can be a great shortcut to getting your feet firmly on the property ladder without worrying about the financial issues quite as much as not being involved in the scheme.

Some pros of the right to buy scheme

It allows people who would normally never be able to afford to buy property to do so
Owning property gives people increased financial security
It gives people something to show after years of paying rent
Having a mixture of owner occupiers and rented accommodation helps create a mixed communities
The presence of economically active households reduces the social exclusion of an area
If you own your own property you are more likely to look after it and value the community it is situated in.

The cons of the right to buy scheme:

Stigma – properties bought on the scheme are likely to be in tower blocks or estates which means the appearance of them will negatively affect the financial inflation of the property
Some mortgage lenders aren’t keen on ex-local authority property, especially high-rise tower blocks. So you’ll have less choice of mortgage products than if you bought another type of property.
The local authority is likely to be the freeholder. This means it will have responsibility for the upkeep of the communal parts of the building. Flat owners (or leaseholders) will pay a service charge for this and also for “major works” which take place every few years.
In an estate where some flats are still owned by the council and some by private owners, some local authority freeholders will hike the service charges to subsidise the council flats. Be warned – these bills can cripple you.
This issue of extra bills and being a leaseholder is the focus of a recent case, where a man who purchased his home through the right to buy scheme now faces a titanic bill of £146,257 after Southwark council notified of mass refurbishments to the tower block where his flat lies.

The case in question:

Lloyd Onuoha, a 62 year old nurse, is the leaseholder of a flat in the Tustin estate in Peckham. He purchased the flat in 2004 using the right to buy scheme. Back then, the flat was valued at £93,000 – it’s worth about £250,000 now. In 2010, he moved out of the property and started letting it out, as it was not big enough for his growing family.

Southwark council is planning a major refurbishment of the Tustin estate. There will be new brickwork, concrete repairs, balcony and roof work, drainage improvements, window and door replacement, and asbestos removal. This comes at a heavy cost and Southwark council have reported that 22 leaseholders who own property on the estate have received heft bills, with 20 of them being issued bills of over £100,000.

Onuoha just cannot afford to pay this bill:

“The council has given us the option for it to buy the flat back. It’s more or less the only option – no one else will buy it with a £146,000 bill on the way,” he says.

“Another option is we move back there and the council would buy it back for 40% of the value of the flat. That’s terrible. How can anyone feel good about this? Even if they reduce the bill, it’s unlikely to be to anything reasonable – it would still be about £100,000 or something.”

Limited realistic options:

For these leaseholders, the council has offered to buy their home for 40% of its market value and offer them a secure tenancy. Another option for owner-occupiers is an interest-free loan for up to 72 months. But paying £146,257 over 72 months would mean monthly payments of £2,031 – unaffordable for most workers.

So, this is one story that shows how the right to buy scheme does not always go smoothly for those who choose to take it.

What does Lisa’s Law think of the right to buy scheme?

The main issue with this type of right to buy scheme is the property involved is usually a rather old building. As a tenant of a council property, one should also consider whether:

the building is in a good condition
how frequent has the council carried out repair work in the past (Mr Onuoha should have known it well because he had been a tenant for at least 2 years before the purchase)
the material used i.e. is there cladding (cladding can hardly pass the insurance requirements nowadays. The freeholder often be requested to replace the cladding) whether all the materials meet the current legal requirements
in the process of purchase whether the council has confirmed that they have the intention to serve Section 20 notice in the near future
However, there is always a risk with purchasing a leasehold property. It can never be entirely risk free. For example, even the council can confirm they have no intention to serve notice yet there is always possibility that they change their mind overnight.

If the leaseholder does indeed received a repair demand which is extortionate, with all the other leaseholders they could request for a review. With no success, they can apply to the leasehold valuation tribunal if there is dispute.

Thinking of buying a property? Here are some things to be aware of:

A healthy credit score:

A high credit score will allow you access to the best mortgage deals. If you have a poor credit score the majority of lenders will see you as an unreliable investment and will refuse to do business with you. After all, they are looking out for themselves at the end of the day! There are a few agencies that you can use to check your credit score such as Experian, TransUnion, and Equifax. It is also better to have been using a credit card responsibly for at least 2 years before applying for a mortgage.

Know what you can afford:

Having a good idea of where you stand financially is key when trying to get on the property ladder. Having a definite budget will narrow down the types of areas you look into and will help you figure out how much money you should be putting away for your deposit in the lead up to purchasing your property. The bigger deposit you have the better rates you will receive on your monthly mortgage payments.

Deposits:

Generally speaking you will have to save up at least 5% of the house price for a deposit. If you can, try saving an even larger amount such as 15 to 25%. Depending on your credit history, the mortgage type, this will greatly improve your initial standing with mortgage lenders and will provide you with even more financial security.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

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Lisa’s Law is now a member of the Conveyancing Quality Scheme!

Today is a very exciting and proud day for all of us here at Lisa’s Law. After many successful residential conveyancing cases and tonnes of happy clients leaving our offices with smiles on their faces, we have now been fully recognised by the Law Society as an accredited member of the Conveyancing Quality Scheme!

The Law Society’s Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices. It represents the very high level of professionalism and calibre of the services provided by its member firms.

Our priority is, and will always be, to deliver the best service we possibly can to our clients, making sure that whatever action we take has their best interests at heart. It’s great to know that this is being recognised, not only by the people in and around our firm, but also by the wider legal society of England and Wales.

If you or someone you know needs any advice relating to conveyancing, or if you have any other law based enquiries, you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

You can also find us on Facebook, Twitter and YouTube.

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New divorce laws mean couples can split a lot more amicably.

Divorce is never easy and can have negative effects on all those involved, from the couple in question to their children, extended family and even friends. What makes divorce even worse is when the process is dragged out over a long period of time, where the pain is made worse by seemingly endless blame games and trying to find reasons for the souring of the marriage and whose fault it really is.

There is some promising news on an otherwise sad subject as the Justice Secretary has announced today (April 9) new rules which mean that divorcing couples will no longer have to try and blame each other for the breakdown of a marriage, reducing any extra family conflict.

Proposals for changes to the law include:

retaining the irretrievable breakdown of a marriage as the sole ground for divorce
replacing the requirement to provide evidence of a ‘fact’ around behaviour or separation with a requirement to provide a statement of irretrievable breakdown
retaining the two-stage legal process currently referred to as decree nisi and decree absolute
creating the option of a joint application for divorce, alongside retaining the option for one party to initiate the process
removing the ability to contest a divorce
introducing a minimum timeframe of 6 months, from petition stage to final divorce (20 weeks from petition stage to decree nisi; 6 weeks from decree nisi to decree absolute).

These new rules will make for a much smoother journey towards a ‘no-fault’ divorce. This can only be a good thing as it encourages amicability and means that children are put through much less conflict. Any contact that the couple has with each other in the future will be a lot easier to deal with than if the divorce had been an awful struggle to get through.

In addition, a new option will allow couples to apply for a divorce jointly.

Currently, “fault-based” divorces, where there have been proven allegations of adultery or unreasonable behaviour can be over and done with in three to six months. But “no-fault” divorces are obviously much more complicated – with couples having to prove they have been living apart for at least one year in Scotland, and at least two years in the rest of the UK.

Some of these changes, and specifically the change to contesting a divorce, were sparked by a recent case in which a woman wanted to split from her husband of 40 years but was unable to do so:

Tini Owens, 68, from Worcestershire, wants to divorce her husband on the grounds that she is simply unhappy. Her husband refused to agree to it and the Supreme Court unanimously rejected her appeal meaning the couple must remain married until 2020.

Baroness Hale, who is the UK’s most senior judge, has repeatedly asked for these divorce rules to be overhauled.

Very few divorces are contested but this practice is known to be misused by abusers choosing to contest a divorce purely to continue their coercive and controlling behaviour.

Justice Secretary David Gauke said of these changes:

“Hostility and conflict between parents leave their mark on children and can damage their life chances.

While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.

So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.”

What are the current rules for divorce in the UK?

Currently, if you are looking to get a divorce from your partner you’ll need to prove that your marriage has broken down through one or more of the following reasons:

Adultery:

Your husband or wife had sexual intercourse with someone else of the opposite sex.
The law recognises the act of adultery as sexual intercourse between a man and a woman.
You cannot give adultery as a reason if you lived together as a couple for 6 months after you found out about it.

Unreasonable behaviour

Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.

This could include:

physical violence
verbal abuse, such as insults or threats
drunkenness or drug-taking
refusing to pay for housekeeping

Desertion

Your husband or wife has left you:

without your agreement
without a good reason
to end your relationship
for more than 2 years in the past 2.5 years

You can still claim desertion if you have lived together for up to a total of 6 months in this period.

You’ve been separated for more than 2 years

You can apply for a divorce if you’ve been separated for more than 2 years and both agree to the divorce.
Your husband or wife must agree in writing.
You can be separated while living in the same home as long as you’re not together as a couple (for example you sleep and eat apart).

You’ve been separated for at least 5 years

You can apply for a divorce if you’ve been separated for at least 5 years, even if your husband or wife disagrees.

There is currently a fee of £550 attached to a divorce, and you can get a divorce (in England or Wales) only if you’ve been married at least a year and your relationship has permanently broken down.

If you need any further information on this subject, or want to talk about your options regarding divorce or any other legal issue please do not hesitate to contact us. Phone on 020 7928 0276 or email into info@lisaslaw.co.uk

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Bullying in the workplace – you don’t have to put up with it!

Bullying in the workplace is more common than you may think. Considering, on average, we spend around a third of our life at work this cannot go unchecked and people who feel that they are victimised must be supported and know that they need not stand for it.

Workplace bullying can take many forms, much like any kind of bullying. Making rude comments, nasty jokes or choosing to isolate an individual are all forms of bullying. It could also be choosing to ignore emails from certain people or deliberately overloading them with work. This type of behaviour is horrible and can have seriously detrimental effects on the person’s mental and physical health.

There are some steps that people who feel they are being bullied can take. The most obvious, but not always the easiest, option is to confront the tormentors directly and let them know how their behaviour is making you feel and that you want them to stop. We understand that it is not always this easy and that sometimes a confrontation of this kind can make matters even more difficult than they already are. Talking to a manager or member of the HR team, in an informal capacity if you wish, can also be an effective move.

If a more official route is needed you can write what’s called a grievance letter. You can do this by yourself but if you don’t feel comfortable or you would like some help with it you can hire a solicitor to assist you. You then deliver this letter to your employer and it will have to be taken seriously as a formal complaint, leading to an investigation into the issues you raise and hopefully concluding with a positive outcome. Lisa’s Law is of course able to help you with a grievance letter should you need one.

If your employer refuses to take your claims seriously, or the bullying continues, you may pursue a legal claim. Seeking advice from a solicitor may allow you to understand the situation better and give you a better idea of what your rights are and how you can move forward to get the issue sorted. It is unlikely that your employer will want to have a serious legal matter on their hands so it can be a good plan to show your intent early on to let them know you are serious about the situation.

If you need any advice about this topic, or have any other kind of legal enquiries, please do not hesitate to reach out to us on 020 7928 0276 or email in to info@lisaslaw.co.uk

Also, why not follow us on Facebook and Twitter.

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Immigration rules should be relaxed when it comes to families, say campaigners.

The government is under increasing pressure from MP’s and charities to ease up on some of the rules that are currently prohibiting refugee families from reuniting.

The current rules only allow for adult refugees to apply for their married or civil partners and children under 18 years old. Grandparents, siblings and children over 18 are not eligible.

What’s more is that children with refugee status who are in the UK do not hold the right to be reunited with even their closest family members.

Many MP’s and campaigners are not happy with this and are demanding the government takes some action, either through amendments to the governments post-Brexit immigration bill or through a private members bill put forward by SNP’s Agnus MacNeil.

The charity Oxfam is also calling on its supporters to put pressure on the government.

Stuart McDonald, the SNP’s spokesman for immigration, told the Commons:

“The UK is once more an outlier in terms of the refugee family reunion rules it has in place. Sadly, the [immigration] bill does not mention asylum at all, and gives us little chance to address those issues.”

Sajid Javid has said that the government “constantly review the rules to make sure they are fair.” However, the attention is growing on this issue and it may prove to be the cause of some civil unrest is the government don’t address it soon.

If you have any questions at all on this subject or any other legal matters at all, please do not hesitate to get in contact on 020 7928 0276 or email into info@lisaslaw.co.uk

lisaslaw@web

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Money Talks! How can cash lead to quicker UK settlement?

It is no secret that having plenty of money is an extremely helpful and advantageous situation to find yourself in. It brings added security and comfort to your life. Although finding yourself in this situation is difficult and often requires tonnes of hard work, some luck and lots of support; however, it can indeed make life a lot easier and it even gives you a substantial head start when it comes to UK immigration.

Investor visa – the “golden” visa which money can buy right away

The Tier 1 investor visa is different to other visas as it is only really available for people in privileged positions with lots of money. Often the Home Office are far more relaxed when issuing this visa in terms of extra requirements.

One typical example is that applicants for this type of visa do not need to pass English language and Life in the UK tests when they apply for entry clearance, extension and settlement, which are normally compulsory for other visas.

In addition, the more money you have, the sooner you will be allowed to settle in the UK. Normally, Tier 1 investor visa holders need to spend continuously five years in the UK before they are eligible to apply for settlement. However, if you have £5m to invest in the UK, the time will be reduced to 3 years. If you have £10m to invest, it will even be better. You will only need two years continual living to settle in this country.

Other examples where money plays a key role?

In immigration, there are other scenarios where money talks. With a person’s financial situation improving or deteriorating, their immigration status will also be upgraded or downgraded.

One example is spouse visa.

Under the current immigration rules, a person who has been granted discretionary leave to remain (“DL”) can apply to switch to spouse visa, provided he/she can meet English language requirements (normally A1 English) and the maintenance requirement (basically an annual income of no less than £18,600 or a saving of £62,500 for no less than 6 months).

Currently, a person with DL status normally needs to wait for 10 years before applying for settlement. For spouse visa, the applicant can apply to settle after 5 years. This is clearly an upgrade.

On the contrary, a person who is on a spouse visa may be downgraded into DL status, if they are unable to meet the £18,600 annual income or £62,500 savings maintenance requirement, but they are able to meet other requirements under the spouse route and there are exceptional circumstances making this person’s removal from the UK unreasonable or undesirable, for example, they have a young British child living in the UK and who needs their care.

Another example is where people apply for or are already on a visa under the parental route.

The immigration rules provide that a person can apply to remain in the UK or for a visa to enter the UK, provided that they can prove that they have the sole/main or shared responsibility of a child’s upbringing and that the child is a British national living in the UK or it is unreasonable to expect the child to be removed from the UK.

If the person can prove that they have sufficient income or savings to maintain themselves and the child without relying on public funds, they will be granted visa on the 5-year parental route, which means that they will be eligible to apply for settlement after 5 years. Otherwise, the person will be granted the visa under the 10-year route. They will not be able to apply for settlement until after 10 years.

Discrimination or public interest?

Sounds discriminatory? It certainly is; however, the different treatments under the immigration rules have clear logic beyond them. Public interest dictates that a workable immigration system must serve for the public, not against it.

A person with stronger financial standing is less reliant on public funds. It is less likely that they will become a public burden financially. This is in the interest of the public.

Proving your income:

Couples must have a combined income of at least £18,600 a year if:

you’re applying as a partner
you want to settle in the UK with your partner

You must prove you have extra money or income if you have children who are not:

British citizens
EEA nationals
permanently settled

You’ll need to earn an extra:

£3,800 for your first child
£2,400 for each child you have after your first child

This is the called the ‘minimum income requirement’. If you cannot meet it you may be able to settle in 10 years, but it is not a guarantee.

What counts as proof?

6 months’ bank statements showing you or your partner’s income
6 months of payslips
a letter from an employer, dated and on headed paper

The employer’s letter should confirm:

you or your partner are employed there
the job title or position you or your partner hold
how long you or your partner have worked there
the type of contract (for example, permanent, fixed term)
what you or your partner earn before tax and National Insurance
how long you or your partner have been paid your current salary
the payslips are genuine

English language test:

To apply for a spouse visa, you will need to prove that you have an adequate level of English.

You can prove your knowledge of English if both:

you have a degree or academic qualification that was taught or researched in English
your qualification is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher

You’ll need to send a certificate from UK NARIC confirming this when you apply.

Alternatively, you can prove your knowledge of English by taking the approved English A1 language test. Learn how to apply for the appropriate test here.

Does everyone have to pass this English test?

The vast majority will, but if you are over 65 years of age or have a physical or mental conditions that prevents you from meeting this requirement then you are not obligated to complete it.

Or, if you are a national of one of the below countries:

Antigua and Barbuda
Australia
the Bahamas
Barbados
Belize
Canada
Dominica
Grenada
Guyana
Jamaica
New Zealand
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Trinidad and Tobago
USA

So, as you can tell, having money and proving that you will not be relying on the state for support greatly improves your chances of settlement and can decrease the amount of years that you need to wait before you become eligible.

Lisa’s Law is fully equipped and experienced in dealing with enquiries of this kind, so if you need legal advice regarding this subject or have any other law based questions please call 020 7928 0276 or email into info@lisaslaw.co.uk

lisaslaw@web

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When the Court’s Judgements Conflict Each Other, What Will Happen?

Although it is quite common for judges sitting in Courts such as the County Court and the High Court to give oral judgements right after a hearing, the judges at the first-tier Immigration and Asylum Tribunal were not allowed to give oral judgements prior to 20th October 2014. They would have to reserve their judgements and provide them in writing after the hearing. This would normally be 2-3 weeks; however, sometimes it would take months to deliver their judgement.

The position was changed on 20th October 2014 when the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2604/2014) was brought into force.

Under the current procedure rules, an immigration judge can deliver their judgement orally at the hearing, provided that in an asylum or humanitarian protection case, the judge must provide a written reasoning afterwards and in other cases, the parties have the right to request such written reasoning if not provided.

The question is: what will happen if a judges written reasoning conflicts their oral judgement given at the hearing?

The case PAA (FtT: Oral decision – written reasons) Iraq [2019] UKUT 00013 (IAC) dealt with this issue. Unlike in the case the Secretary of State for the Home Department v SM (Rwanda) [2018] EWCA Civ 2770 where the IAC granted an invalid bail, in PAA, the judge initially allowed the appeal, but in his subsequent written reasoning, he dismissed the appeal.

The facts of PAA case are very simple. The appellant was a national of Iraq. He came to the UK to claim asylum. He claimed that he was 16 years old. After an asylum interview, the Home Office accepted his age and granted him leave valid until he was 17 and half years old, in line with their policy on unaccompanied policy.

Unfortunately, the Secretary of the State refused his claim for asylum and humanitarian protection on 17th March 2018. The Appellant appealed against such refusal. His appeal was heard on 23rd May 2018. At the hearing, the judge indicated that he had allowed the appeal. He asked the Appellant to go back home and wait for his written judgement/reasoning.

The appellant was of course very happy. He left the Court with his guardian and social worker with high expectation, but only to receive a written decision dated 21st June 2018 to dismiss his appeal. He immediately appealed to the Upper Immigration and Asylum Tribunal.

In dealing with the appeal, the Upper Tribunal has ruled as follows:

Both the oral and written decisions are the Court’s decisions; however, only the first (oral) decision will be the decision of the case, in this case, the judgement of the appeal.
When the first and second decisions conflict each other, both decisions will stand until one of them is set aside by a court of competent jurisdiction and until then, neither party can enforce the decisions.
The time of appeal to a Court of competent jurisdiction runs from the date when the written decision is provided, not the date of the hearing when the oral decision is provided; however, parties may be able to apply for extension of time in such circumstances.

It is very clear from the first point of the Upper Tribunal’s judgement that both parties were wrong when they believed that the subject of the appeal at the Upper Tribunal was the written decision, rather than the first oral decision.

As always, if you have any legal enquiries please do not hesitate to get in contact on 020 7928 0276 or email in to info@lisaslaw.co.uk

lisaslaw@web

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