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Evidence of overstaying in the last 10 years will have a significantly negative impact on people applying for UK citizenship, as new rules are introduced by the UK Home Office. Essentially, all people who have stayed on in the UK after their visas have expired will be refused citizenship apart from in certain circumstances.

The exceptions rely on overstaying being the only adverse factor regarding the applicant’s character along with one of the following:

  • the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave, or
  • the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under of the Immigration Rules applied, or
  • the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.

The third point may be seen as somewhat vague; how can it be said with any degree of certainty that the overstaying is or is not the applicants fault? From our understandings it could relate to secondary evidence, such as history of an abusive partner who did not allow the applicant to reapply for leave to remain. Or if the applicant was a child at the time of their overstaying a more sympathetic eye could be cast over the application.

How has the Home Office’s view on overstaying changed in recent years?

The Home Office has been progressively getting stricter on overstaying as the years pass by, with a steady decline in tolerance clearly visible in the past 5 or so years.

Until the end of 2014 the position was:

The decision maker will not normally refuse an application where the person has a history of evading immigration control themselves, particularly where there is no other evidence to cast doubt on their character.

In December 2014, this was amended to state that illegal entry in the last ten years would be a ground for refusal, as well as:

The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:

(a) failed to report

(b) failed to comply with any conditions imposed under the Immigration Acts

(c) been detected working in the UK without permission.

This is quite the change in policy and when people started being refused under these new rules there was some understandable confusion and controversy. The most common reason for refusal was due to unsanctioned work that the government found out about or was declared on the applicants’ forms.

Then, the Home Office tightened their grip on overstayers even more. Applicants with any period of overstaying in the last 10 years were sent a questionnaire which was designed to determine how they had been supporting themselves during that time.

In a few exceptional cases where they were able to provide unquestionable evidence – for example, having been in receipt of local authority support – applicants were accepted.

In the vast majority of cases though, such evidence was not available or was deemed not comprehensive enough. Often, the Home Office would refuse on the basis “we are not satisfied that you have been able to maintain yourself without access to employment or public funds”. Many were extremely disappointed and frustrated because there was no evidence of the alleged wrongdoing which meant that it was impossible to contest.

So what now?

At least this progression is now predictable and comes as less of a surprise than the 2014 changes to the view on overstayers. We can say with a degree of certainty now that people should not be applying for citizenship unless a full ten years has passed, as page 10 of the new Good Character Requirement guidance clearly states that they will not be judged as having a good character if:

‘they have breached immigration laws, for example by overstaying, working in breach of conditions or assisting in the evasion of immigration control.’

However, applicants should still be aware of that the guidance also specifying that the Home Office has discretionary rights to overlook applicants’ breaches of immigration requirements. For example people who have been granted a refugee status may not be appropriate to be punished by their illegal entry history even if it occurred during the preceding 10 years.

Article 31 of the Refugee Convention states that refugees should not have any penalties imposed upon them as a consequence of illegally entering or being present in the country of refuge illegally in order to seek sanctuary, provided that they:

  • travelled to the country of refuge directly from the territory where they fear persecution
  • presented themselves to the domestic authorities without delay
  • showed good cause for their illegal entry or presence

Although Article 31 does not specify any minimum time before a person should claim asylum and this will need to be considered on a case-by-case basis, the guidance mentioning that it is not unreasonable to expect that applicants should claim asylum within 4 weeks of arrival.

Should applicants have any reasonable explanation for the delay they will need to provide detailed evidence to convince Home Office caseworkers.

Here to say, applicants who have failed to comply with immigration requirements in the past 10 years should be aware that their applications will normally be refused unless they can provide solid reasons to persuade Home Office caseworkers. After that if their applications have been refused unreasonably, they can still try to challenge the Home Office’s decision.

For those who cannot provide any reasonable explanation then they should normally wait until a full ten years has passed. We will keep you right up to date with how this effects people going forward and if the Home Office announces any changes to the guidance in the coming months.

In the meantime, if you have any questions on this subject please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk

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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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Our ever growing team here at Lisa’s Law continues to flourish as we welcome Dalian Adisa as a Financial Manager!

Dalian has a honours degree in accounting and has completed his ACA and FCCA courses. He has worked for various London based audit firms and joins us having already built up a wealth of experience in the industry.

Dalian specialises in auditing, taxation, statutory compliance and financial control.

In his spare time Dalian enjoys brain training games such as crosswords and Sudoku’s. He is also a big fan of nature reserves, nature documentaries (especially David Attenborough) and football.

Great to have you here, Dalian!

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The ultimate objective of litigation is to find a resolution. It is never to encourage litigiousness. At Lisa’s Law, our specialist litigation team fully understand your concerns and will always have your best interest at the front of our minds.

We will always endeavour to settle your disputes in a most efficient and cost-effective way, whether it is through informal negotiation or formal ADRs. If your dispute has to be resolved via litigation, we are capable to present through all stages of the proceedings, from issuing or defending claims to final trials and judgement enforcement.

At Lisa’s Law, there is  a variety of diversity and specialisms in our ranks. Our dedicated team will fight your corner and will not rest until you get the result you deserve. Your caseworker will be efficient, highly communicative, and thorough from the initial discussion of your instruction right the way through to the completion of the matter.

As a range, the cases that the department have taken are valued between £2,000 and £78 million. Among the highlights are the fact that our litigation team has recovered sums exceeding £6m and successfully defend claims worth up to £2.5m.

Your caseworker will be efficient, highly communicative, and thorough from the initial discussion of your instruction right the way through to the completion of the matter.

Our Litigation team deal with the below areas of law:

  • Insurance dispute
  • Foreign Judgment Registration
  • Charging Order
  • Freezing Order
  • Amazon Dispute
  • Landlord and Tenant Dispute
  • Group Litigation Property Litigation
  • Corporate & Commercial Dispute
  • Alternative Dispute Resolution
  • Contract Dispute
  • Dilapidation Claim
  • Employment Claim/ Disputes
  • Intellectual Property Disputes

 

Our Litigation Department has recovered sums exceeding 6 million. We have also:

 

  • Successful represented a number of clients on cross border disputes.
  • Successfully defended claims up to 2.5 million.
  • Successful represented group litigation in a property dispute
  • Successfully defended an employer against a claim from an employee for £140,000.
  • Successfully received a positive order to recover £62,000 for a shadow director whose company’s funds were mishandled by the de facto director and the business bank
  • High success rate in eviction proceedings and order to recover our legal fee
  • Successfully registered foreign judgement in Australia in the UK
  • Successfully dealt with Amazon to restore seller’s link
  • Successfully defended an IP infringement case during pre-action stage
  • Successfully recovered client’s parcel that was withheld by the carrier company due to the consignee being insolvent without the need for our client, the consignor to return the deposit paid by the consignee, $18,059.12
  • Currently defending a £78 million charging order

 

Find our Litigation brochure here.

Contact us here about litigation matters.

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At Lisa’s Law, our expertise covers all aspects of immigration, nationality and asylum law, whether it is an application, an appeal or a judicial review claim. In particular, our experienced team is capable of providing professional solutions to the following types of work:

Business Immigration

  • Work Permit Migrants
  • Intra-company Transfer migrants
  • EEA free movement migrants
  • Investor Visa
  • Entrepreneur Visa

Points-Based Categories

  • Tier 1 (General)
  • Tier 1 (Exceptional talent)
  • Tier 2 (Minister of Religion)
  • Tier 2 (Sportsperson)
  • Tier 4 (Student)
  • Tier 5 (Youth Mobility Scheme)
  • Tier 5 (Temporary worker)

Family-based Applications

  • Spouse, unmarried partner and civil partner visa
  • Children dependant visa
  • Family re-union
  • Other family dependant visa
  • Family visitor visa

Human Rights Based Applications

  • Children 7 year rule
  • 10 years lawful residence
  • Other out-of-immigration-rule applications

EEA Immigration Law
Permanent Residence Application
Nationality Law
Asylum Law
Appeals at all level
Judicial Review Action

If you have any query on immigration law or your immigration status, please do not hesitate to contact us.

Find our Immigration brochure here for more information.

Contact us here about immigration matters. 

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Lisa’s Law provides all aspects of residential property and conveyancing work. Whether you are selling, buying or remortgaging your property, we are able to help. We will make sure your transaction goes as smoothly and swiftly as possible, through our highly efficient team.

We pride ourselves in taking a personal approach to your matter. Our conveyancing team is made up of experienced property lawyers, not a bundle of robots. We feel and understand your concern. If you have any queries regarding your matter, you can always pick up the phone and talk to us or contact us by email or telephone. Your lawyer will deal with your enquiries as soon as possible.

Lisa’s Law provides fixed-fee conveyancing service. Our fees are clear and transparent. If you are moving home and want to know our price, please fill in our online form below. We will provide quotes immediately.

Lisa’s Law works with a wide variety of lenders. View our lender panel list by clicking here.

Find our Conveyancing brochure here for more information.

Contact us here about residential property matters. 

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lisaslaw@web

At Lisa’s Law, our mission is to assist you in the expansion of your business. We offer highly competitive prices within the commercial property sector and have experienced staff members handling these cases.

As a business ourselves, we understand time is money. From instructions to completion to registration, we provide a non-stop service. We charge single and fixed fees; our bills are easy to understand with no hidden charges.

Whether you are a seller or buyer, tenant or landlord, we are here to assist you. We work on all commercial property transactions including:

  • Freehold sell or purchase
  • Grant of new leases
  • Lease assignment or Variation
  • Surrender of leases

Find our Conveyancing brochure here for more information.

Contact us here about commercial property matters. 

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lisaslaw@web

Running a business involves many areas of law. However, you do not need many law firms to advise you in your business. At Lisa’s Law, we intend to provide a one-stop service to our business clients. Whether you are starting out or already trading, we can always help.

We are specialists in commercial, employment, IP, taxation and immigration law. Whether you intend to incorporate a company, lease a shop or an office, employ staff, draft a business contract, register a trade mark or acquire other businesses, our experts are always available – to provide you with prompt assistance.

Our business law team is well trained to provide the following services:

  • Company incorporation
  • Company secretarial work
  • Commercial conveyancing
  • Employment advice
  • Business Contract
  • Trade mark registration
  • IP protection and enforcement
  • Business taxation
  • Business immigration
  • Business acquisition

Should you have any other legal need in your business, please do not hesitate to contact us.

Find our Business Law brochure here for more information.

Contact us here about business or commercial law. 

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lisaslaw@web

After expert advice concerning any aspect of family law? Then Lisa’s Law is here for you. At Lisa’s Law, we understand that this can often be a difficult time, and we are therefore dedicated to supporting you through the good times and the bad. Our case workers are highly trained and knowledgeable when it comes to working with families: from divorce and separation to issues involving children and financial arrangements, including pre and post-nuptial agreement.

We appreciate the sensitive nature of family cases, and our solicitors will work with unparalleled dedication, consideration and efficiency to deliver the best possible outcome for you and your loved ones.

Find out more about family law in our brochure here. 

Contact us here about family law matters. 

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