A new dawn for UK immigration? Here is what to expect.

The Migration Advisory Committee (MAC) is hugely influential on the Home Office and the rules they bring in when it comes to migrants coming to work and settle in the UK. Today (28.01.20), they have released their official report on how they believe the Home Office should operate in this area.

We have summarised the most important points for you below so that you can be aware of the many changes the MAC have recommended, as the Home Office are bound to take the report very seriously and heed much of the advice within it.

Main areas of interest:

Would a points best immigration system work in the UK?
Should salary thresholds change for migrants?

These two questions make up the bulk of the report, and the way in which the MAC have answered them will be massively important to the Home Office and may affect all people either migrating to the UK or trying to settle here.

Current rules:

So you know what to compare the new rules to, here is a brief summary of the current ones:

Since April 2017, the general salary threshold has been £30,000 or £20,800 for new entrants. New entrants currently meaning those aged under 26 on application, switching from Tier 4, or the role was advertised through a university milk round.

In terms of a points based system (the Australian-style immigration system that the government wants to re-introduce), there is not currently one in place but there have been similar policies implemented in the past to varying effect.

Recommendations – Points based system:

The MAC has recommended retaining the existing framework for Tier 2 (General). This means that this visa type will remain the same in terms of application procedure, with no points based system. This is partly because applicants on this visa type usually have a job offer already, meaning there is less need for a rigorous vetting scheme such as a points based system.

However, the Tier 1 (Exceptional Talent) visa does not rely on a job offer. The MAC have advised the Home Office to consider modifying Tier 1 (Exceptional Talent) in the following ways:

There should be an overall annual cap on those admitted;
The route should operate on an expression of interest basis creating a pool of migrants interested in coming to the UK;
There should be a monthly draw from this pool with those selected invited to submit a full application;
The selection of those invited to apply should be based on those who have the highest number of points in the pool using a points-based system with tradeable points;
There should also be an absolute minimum number of points;
Points should be given for characteristics that the Government wants to attract through this route and for whom other routes are not suitable;

What characteristics should earn applicants points?

According to the report, points should be given according to the following:

Qualifications
Age of applicant (the younger the better, essentially.)
Evidence of having studied in the UK
Skilled in priority areas such as STEM (science, technology, engineering and maths.)

The MAC has recommended this points based system for Tier 1 (Exceptional Talent) Visas because it says the current system is too hard on applicants and relies on a proven track record of success, rather than the potential an applicant shows.

Recommendations – Salary threshold:

The biggest highlight for this area is the fact that the MAC have recommended reducing the minimum salary threshold to around £25,600, instead of the current £30,000.

This reduction to the wage threshold would allow most employers to hire migrants at wages that many existing workers are currently on.

This reduction will be UK-wide at first, as the MAC does not want to over-complicate the matter by regionalising this change.

However, they also recommend that there should be a separate pilot visa for ‘remote’ areas of the UK, part of which could have even lower salary thresholds for migrants into those areas. This should only be done with a full evaluation to understand its effectiveness and impacts.

Also, the MAC have recommended that occupations on the Shortage Occupation List should not have lower salary thresholds for entry.

Going forward, the MAC have also called for more in-depth monitoring of how migrants are faring in the UK labour market after entry and advising for on-going reviews of how these changes to the salary thresholds are going.

Some other interesting recommendations regarding salary thresholds:

Salary thresholds should not be pro-rated to allow for part-time work.

The Government should consider more flexibility (i.e. prorating salary thresholds) for visa holders switching to part-time work after becoming a parent.

Only salary on the main job should be used to determine whether the salary threshold is met. Allowances, equity and employer pension contributions should not be included.

The definition of a new entrant should be widened to include those are working towards recognised professional qualifications and those who are moving directly into postdoctoral positions.

The occupation specific threshold should be the 25th percentile of the full-time annual earnings distribution for that occupation.

We will wait and see

Many interesting points raised here, we look forward to seeing if they all come to light after the Home Office considers them. As we said at the start of this article, the MAC holds considerable weight with the Home Office, so it is likely that the report will be treated with the utmost respect by most politicians and policy makers.

We will be sure to keep you right up to date with how this progresses.

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If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Boris Johnson signals to get rid of £30,000 threshold for immigrants by 2021

The Prime Minister is planning on wavering plans on putting a £30k minimum wage threshold for immigrants coming to work in the UK after Brexit, according to recent reports.

This comes as part of Boris Johnson’s new immigration policy post-Brexit, for which he is said to be inspired by the current Australian system.

As it stands, due to rules brought in under Theresa May during her time as Home Secretary, experienced workers from outside the European Union hoping to live in the UK must be able to earn at least £30k to qualify for a work visa. Recent graduates are required to earn at least £20,800.

Former PM Theresa May had planned to allow a long transition period before a new system is enforced after Brexit.

Under her blueprint, the current level of new arrivals would last until 2022 in a concession to worried businesses in sectors like hospitality who feared a collapse in their workforce.

Boris wants change

The government has asked the Migration Advisory Committee (MAC) to look into the call they previously made under Theresa May relating to this wage threshold, after many Cabinet members voicing their opinion that the threshold may deter skilled migrants from coming to the UK, these rules are being reconsidered.

It is predicted that the MAC will now advise scrapping the £30k threshold in favour of a different approach to immigration.

New rules?

The wages that an immigrant will be earning should they come to the UK will still be taken into consideration, but that consideration will run alongside a host of other factors including English language skills, occupation and qualifications.

An emphasis on skills

While some people will see the throwing away of the £30k threshold as a positive move for lower-skilled workers who are often paid less, this may not always be the case. As part of the new system the government will be looking more closely than before at the type of job the migrant is taking, and what personal skills and qualifications they can bring to the UK. Age will also be taken into consideration.

For example, let’s say there is an unskilled 40 year old labourer coming from Australia to the UK where he has been offered a job within a building company being paid £30k per year. Just because he will earn £30k does not mean he will get the job, due to his other attributes.

However, a 21 year old from Japan with a Chemistry degree who has been offered a role in a laboratory which only pays £23k per year might still get the job due to the field they are going into and the skills they are bringing to the UK.

That being said, some politicians are optimistic for lower-paid workers. Responding to news that the £30,000 limit was likely to be dropped, the shadow home secretary, Diane Abbott, said it showed that the UK economy needed a broad range of workers.

“We always said their plans were unworkable, as many employers in the private and public sector need what the government insists on calling ‘low-skilled workers’. But all workers need decent pay, reasonable conditions, a right to a family life and trade union rights, wherever they are from. We will continue to fight for them,” she said.

Everyone in agreement?

It is predicted that the move will not be universally agreed with, especially in terms of other Conservative politicians.

Sir Iain Duncan Smith is already warning ministers to “be cautious about ditching the £30,000 threshold”.

He says, “they will need to have very strong checks in place to ensure that they deliver on their pledge to control immigration.”

New immigration policy to come in sooner?

Boris Johnson plans to bring in this new immigration scheme in 2021, a year sooner than the date announced by Theresa May when she was PM. It is being dubbed an Australian style immigration policy.

Some employers of people on low-pay, such as the hospitality industry and the cleaning industries, have voiced their concerns that there will not be enough of a transition period. The Prime Minister has responded that Britain has been leaving the EU since 2016, and there has been ample time to prepare and plan for these changes.

We will bring you more on this as it comes.

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UK Immigration Rules to be Completely Overhauled!?

The Immigration Rules are the document that set out the precise criteria for granting or refusing permission to enter and remain in the United Kingdom. It is a massively important document, but often people who use it the most (legal professionals, visa applicants) complain that it is very poorly constructed and difficult to understand.

Due to these ongoing complaints the Law Commission has called for major changes to be made to the 1,100 page document (which was initially a much smaller 40 pages), including a complete restructure and a limit on the amount of alterations that are made to the document in the future, as part of the problem is constant small changes that get made to the rules. It makes it extremely difficult to keep up.

The hope is that by improving the drafting, restructuring the layout and removing inconsistencies, the recommendations will make a positive difference by saving money and increasing public confidence in the rules.

What are the changes?

The amount of recommended changes is vast, here are some of the key points that the Law Commission have recommended:

A new 24-part structure to the Rules, covering definitions, commons provisions and specific routes
Giving each paragraph a number, rather than a confusing blend of letters and numbers, making it easier to reference
A new drafting guide, including advice such as “get straight to the point” and “use simple, everyday English”
An advisory committee to review the text at regular intervals
Producing “booklets” of the Rules that apply to each visa category (making it easier to find specific information)
Simplifying and consolidating Home Office guidance documents in tandem with tackling the Rules themselves
“A less prescriptive approach to evidential requirements”, with lists of accepted and acceptable evidence provided (similar to the approach in Appendix EU)
Only two statements of changes to the Rules a year, unless there is “an urgent need for additional change”

There is a heavy focus on how the understandable to the general public the new Rules should be.

The Law Commission recommend that the following principles should underpin the redrafting of the Immigration Rules:

(1) suitability for the non-expert user;

(2) comprehensiveness;

(3) accuracy;

(4) clarity and accessibility;

(5) consistency;

(6) durability (a resilient structure that accommodates amendments); and

(7) capacity for presentation in a digital form.

Barry O’Leary, a member of the Law Society’s immigration law committee, said he was pleased that the commission has taken on board many points made by Chancery Lane and others: ‘We welcome how far they think we should go in terms of redrafting, and acknowledging that the rules need to be suitable for the non-expert user, accurate, clear and consistent.’

Money saver:

It is predicted that these improvements will mean less unnecessary cases for the immigration tribunals and in Home Office casework costs, resulting in up to £70 million being saved annually.

More flexibility?

The Law Commission also considered reducing the level of specificity be reduced regarding things such as lists of possible evidence and circumstances when judging cases, leaving the caseworker with more room to manoeuvre. However, the current thought on this is that it would increase levels of uncertainty in the applicants who sometimes want specific guidance on what the need to provide to be successful.

As a compromise the Law Commission recommend “making the lists of evidence contained in the Rules non-exhaustive”. The idea is that the criteria for a given visa would still be detailed, but there would be more flexibility on the evidence required in support of the application.

Maintenance and future alterations:

It has been recommended that the amount of alterations, and the way they are made, is reduced. The Commission has said that consultations with ‘expert groups’ would be beneficial to any changes being considered, as opposed to the relatively ad-hoc way changes are made now. It becomes very hard to follow.

This committee would include “Home Office civil servants, immigration practitioners and organisations representative of non-expert users of the Rules, including those representing vulnerable applicants”. There would also be an online portal for user feedback.

Change made will also be more obvious to spot. When changes are made, it is suggested that the Home Office release a document containing the changes written in red, with the old rules being written with a line through them. This would make it a lot easier to keep track of what has changed.

We will wait and see…

Currently, this is all just based on the suggestions made by the Law Commission to the Home Office – although they are a highly respected organisation who hold a lot of weight and respect. It is likely that much of these recommendations will become a reality.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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New update on family reunions and biometrics collection information

There is a minor update and change in the Family reunion application category in regards to their location of the application and place for the biometric information to be taken from now onward.

All applications made in the UK for the family re-union must be sent to:

UKVI Family Reunion Team,

Admin Team 7th Floor,

Capital Building,

Liverpool,

L3 9PP

In addition to this, in the UK if there is a new arrival in the UK under a family reunion entry clearance visa then:

1. On arrival in the UK, a Border Force officer must be satisfied as to the identity of the family member and will examine the individual’s entry clearance visa to ensure that the family member is joining family in the UK for the purposes of family reunion.

2. The applicant will be required to collect their biometric residence permit (BRP) from their chosen Post Office within 10 days of arrival in the UK. The BRP does not confer status in line, only leave in line.

If for some reason the visa has been endorsed in error with leave that is different to that held by the sponsor the applicant, sponsor or their representative can ask to have it amended by contacting UK Visas and Immigration within the specified time in due course.

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If you have questions about divorce or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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January 14, 2020
Divorce, Family Law, Law, New Bill, Policy

New Bill Puts End to Divorce ‘Blame Games’

Divorce is always going to be a hard thing to go through, whether you’re one half of the unhappy couple, a child of divorce or a close friend caught in the crossfire. It can be a hugely emotional time and often it’s made worse by the ensuing legal battles concerning property and custody of kids.

But, for once, there is some good news for divorce.

At the moment, one spouse has to make accusations about the other’s behaviour, such as being abusive, committing adultery, or otherwise face years of mere separation before a divorce can be official granted – regardless of whether a couple has made a mutual decision to separate permanently.

A new Bill brought forward:

A Bill known as the Divorce, Dissolution and Separation Bill, has been brought to Parliament this week which aims to eradicate these ‘blame games’ that so often occur during divorce proceedings. This is to reduce the level of stress and conflict within the affected families.

The new Bill will achieve this by allowing one spouse – or the couple jointly – to make a statement of irretrievable breakdown. It will also stop one partner contesting a divorce if the other wants one – which in some cases has allowed domestic abusers to exercise further coercive control over their victim.

Some of you may remember this Bill being announced back in June 2019, but it has only officially been brought to Parliament following the latest General Election.

Justice Secretary & Lord Chancellor Robert Buckland said:

“The institution of marriage will always be vitally important, but we must never allow a situation where our laws exacerbate conflict and harm a child’s upbringing.

Our reforms will stop divorcing couples having to make unnecessary allegations against one another and instead help them focus on separating amicably.

By sparing individuals the need to play the blame game, we are stripping out the needless antagonism this creates so families can better move on with their lives.”

Main properties of the Divorce, Dissolution and Separation Bill:

Replace the current requirement to evidence either a conduct or separation ‘fact’ with the provision of a statement of irretrievable breakdown of the marriage (couples can opt to make this a joint statement).
Remove the possibility of contesting the decision to divorce, as a statement will be conclusive evidence that the marriage has irretrievably broken down.
Introduces a new minimum period of 20 weeks from the start of proceedings to confirmation to the court that a conditional order of divorce may be made, allowing greater opportunity for couples to agree practical arrangements for the future where reconciliation is not possible and divorce is inevitable.

A positive step

This Bill is a step towards a more harmonious path to family justice – avoiding confrontation wherever possible and reducing its damaging effect on children in particular.

Crucially, it will also introduce a 20-week period between the initial petition stage and when the court grants the provisional decree of divorce. This will provide a meaningful period of reflection and a chance for the couple to change their minds, or where divorce is inevitable, it will provide a decent amount of time for them to make plans for dealing with the divorce in the future, and make appropriate arrangements.

Contact us!

If you have questions about divorce or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Immigration law at music festivals – what’s the score?

Music festivals can be great fun, and are becoming more popular than ever. Attendances have been increasing steadily, with around 4 million people in the UK now attending at least one per year.

When music-lovers are pitching their tents and discussing which of the performers they want to watch during their time at the festival, immigration law and other rules the event organisers have had to abide by to make it all possible are seldom topics of conversation within the camp.

However, it is an important and interesting subject and an area of immigration law often forgotten by the masses – we are here to tell you what is required for a festival to go on in the UK and to allow migrants to perform in these festivals as entertainers.

Qualifying circumstances:

There are certain requirements that need to be met if a new festival is going to be accepted onto the list of official permit free festivals in the UK.

They must have:

been established for at least 3 years
had an audience of at least 15,000 for each of the last 3 festivals
an expected audience of at least 15,000 throughout the forthcoming event
at least 15 non-European Economic Area (EEA) performers who have performed at each of the last 3 festivals
at least 15 non-EEA performers who have been invited for the current year

Supporting documents related to the festival:

Prospective festival organisers must show:

paper copies of the event brochures or programmes for the last 3 years
a letter from the Arts Council, or another such body if they support the event
press cuttings relating to the event for the last 3 years
confirmation of ticket sales and attendance details for the last 3 years
a letter from the local police or licensing authority concerning the cultural event or festival
the number of all non-EEA performers and their nationalities for the last 3 years and for the forthcoming event
other additional evidence if requested by the Home Office

Who is eligible to perform?

Performers who meet the criteria of the Standard Visitor route. This means that they:

will leave the UK at the end of their visit; and
will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
is genuinely seeking entry for a purpose that is permitted by the visitor routes (these are and
will not undertake any prohibited activities; and
must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the cost of the return or onward journey, any costs relating to dependants, and the cost of planned activities such as private medical treatment.

Usually, working and earning money in the UK is a prohibited activity on this visa type. However, an act is allowed to earn money by performing at a permit free festival if they meet the other criteria.

The Permitted Paid Engagements visa is often used by artists performing at festivals.

Eligibility requirements for a permitted paid engagements visit visa or leave to enter. The service that the visitor will provide must:

be arranged before the applicant travels to the UK; and

be declared as part of the application for a visit visa or leave to enter; and

be evidenced by a formal invitation, as required by Appendix 4; and

relate to the applicant’s area of expertise and occupation overseas.

Paying the performers:

Performers will usually expect to be paid for their services and can often make a lot of money from festivals, especially if they are a headline act. For example, rap superstar Eminem was paid £2m for a single performance at V Festival.

Less well known artists can be paid for their participation in the festival under the Standard Visitor route. Where entertainers or artists are established professionals it may also be possible for them to use the Permitted Paid Engagement visitor route.

Which festivals already make the list?

Africa Utopia (Southbank Centre)

Aldeburgh Festival

Barbican Festivals (Only Connect, Summer Festival, Autumn 1, Autumn 2)

Belfast International Arts Festival

Billingham International Folklore Festival of World Dance

Boomtown Festival

Breakin’ Convention

Brighton Festival

Brighton Fringe

Brouhaha International Street Festival

BST Hyde Park

Cambridge Folk Festival

Camp Bestival

Celtic Connections

Cheltenham Festivals (Jazz/Science/Music/Literature)

Cornwall International Male Choral Festival

Dance Umbrella

Download

Edinburgh Festival Fringe

Edinburgh International Festival

Edinburgh Jazz and Blues Festival

Glasgow International Jazz Festival

Glastonbury

Glyndebourne

Greenbelt

Harrogate International Festivals

Hay Festival

Huddersfield Contemporary Music Festival

Isle of Wight Festival

Latitude

Leeds Festival

Llangollen International Musical Eisteddfod

London Jazz Festival (EFG)

Manchester International Festival

Meltdown (Southbank Centre)

Norfolk & Norwich Festival

Reading Festival

Snape Proms

The Royal Edinburgh Military Tattoo

Wireless

WOMAD

WWE Live

How can people apply to start up a festival?

Budding festival organisers can send evidence electronically to the permit free festival admin inbox. Large documents can be sent as zip files.

Hard copies of brochures or programmes can be sent to:

Visit and Visa Policy
Border Security and Visa Policy
Home Office
2nd Floor Peel
2 Marsham Street
London
SW1P 4DF

If festival organisers have a query about these provisions please contact the permit free festival admin inbox.

Need legal advice? Contact us!

If you have any questions relating to this topic, or have any other legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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January 8, 2020
2020, Christmas, Law Firm, New Year

Happy New Year from Lisa’s Law!

A new year has begun and we wanted to take the time to wish all of you the very best for 2020! We are excited to embark on a fresh decade and have many great things to share with you in the coming months.

We hope that you all had wonderful Christmas breaks and have come into this New Year raring to go, as we certainly have!

Speaking of Christmas break, we hope you enjoy the pictures below taken from our festive party which was held at the beautiful Sofitel St James Hotel in central London!

Xmas Festivities!

We were picked up by a vintage London bus, complete with Lisa’s Law written on the front! We thought that was a very nice touch.

Our theme for the night was Masquerade Ball!

The venue was very nicely lit up, and the food provided was delicious. We would definitely recommend it if anyone is thinking of hosting an event.

We were welcomed with a champagne reception which helped everyone stay in the festive spirit!

Once everyone was seated our Managing Director, Chuanli Ding, gave a speech to congratulate everyone on a successful year.

A professional singer serenaded us while we ate, playing a selection of Christmas hits as well us other familiar tracks.

We had a great time, it was a splendid way to end a busy and productive year.

Here’s to 2020, we wish you all the very best and as always, please never hesitate to contact us. We are here for all your legal needs and look forward to what this new decade will bring.

Happy new year!

Contact us!

If you have legal enquires, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Missing the EU Settlement Scheme Deadline – A Word of Advice

First things first:

The deadline to apply for a post-Brexit status in the UK under the EU Settlement Scheme is 30 June 2021 or,
If the UK leaves the EU without a deal

You are required to be residing in the UK before it leaves the EU to apply. The deadline for applying will be 31 December 2020.

You can apply here if you meet the criteria. There is no visa fees for the application applicable.

Boris has won the election:

This means that Brexit is now more likely that ever, in a no-deal scenario or otherwise. It is vital that you apply for status in time.

Consequences for missing the deadline:

Thinking in terms of a worst case scenario for those who do not apply in time, the consequence may well be either their self departure voluntarily or removal from the UK.

However, the Home Office has said that those who miss the deadline “for a good reason” will be given another chance to apply, but no details about what constitutes a good reason have been revealed as of yet. We are yet to receive the further update on the same very soon. Keep a look out on our blogs for the same.

Some potential reasons may be a close family bereavement or serious health issues, but these are yet to be fully confirmed.

The importance of being aware:

Under such a strict regime, Settlement Scheme applicants will have to account for and possibly provide evidence of the reasons for their delayed applications in the considerable time.

This could be the case even if they may never have been aware of the need to apply for settled status.

Hostile environment policies may apply to such people, limiting their access to the NHS, benefits, employment and accommodation as well as making them liable for detention and removal.

It may also hinder their application, as unlawful residence is criminalised in the UK.

Guidance from the Home Office:

Home Office employees will decide each case upon their own individual and specific merits case by case, but examples of reasons that might be considered beyond the control of applicants are:

the applicant was admitted to hospital for emergency treatment (evidenced by an official letter verifying the dates of admission and discharge and the nature of the treatment)
a close family bereavement
an educational institution was not sufficiently prompt in issuing a Confirmation of Acceptance for Studies (CAS)

The Home Office guidance on applications from overstayers provides some further examples if you are interested in reading more on the topic.

We are here to help:

We understand that it can be tough and confusing when applying for status, but we are here to help you the whole way. Do not hesitate to get in contact with us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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January 3, 2020
Case Study, Custody, Family Law, Immigration, Law, Litigation, Visa

Custody battle between parents – how to make the best of a bad situation

The love between a parent and their child forms the base of the strongest bond imaginable between humans, and most families will do whatever it takes to stay together. However, sometimes life gets in the way and family situations are not always going to be perfect. We recently handled a sensitive family case, and are proud of how it turned out.

The case in question:

For the purposes of client confidentiality, we will call the mother Helen, the father Vincent and their 12 year old son Mark.

Helen is a Japanese national who came to the UK on a student visa when she was 18. She met Vincent, who is 30 years her elder, while living here and together they have a baby boy called Mark.

Due to his father being a British national, and the fact that he was born here as well, Mark is automatically also a British national.

After a couple of years of living happily in the UK as a family, Vincent was offered the chance to work in Spain, which he agreed to. Hesitant, but wanting the family to stay together, Helen agreed to move to Spain with her husband and son.

The beginning of trouble…

While living in Spain, Helen started to feel increasingly depressed and detached. She knew nothing of Spanish culture, had no friends and could not speak the language. In turn, she could not find work or be financially independent and her life was becoming more and more tedious as the months went by. Although she still very much enjoyed looking after Mark, she often felt very alone.

Additionally, the house where the family was staying in Spain was not child friendly. It lacked a proper heating system and had a leaky roof and poorly maintained flooring.

During this time, Vincent started spending less time at home as he became more and more busy with his work. This added to the loneliness Helen felt.

This feeling of isolation and sadness went on for many years, until Mark turned 10 years old.

Action was taken…

Helen and Mark took a trip to Japan to see Helen’s parents and have a break from the challenges life in Spain involved. They had a nice time, but when it was time to return to Spain, Helen was having major doubts.

They ended up returning directly to the UK instead of going back to Spain, where Vincent still was. Helen did make Vincent aware of this before boarding the plane, and feeling very nervous Vincent called the police who intercepted Helen and Mark when they landed in the UK.

Seeing that the child was perfectly fine, the two of them were released. They went to Birmingham to stay with a friend of Helen’s.

What happened next?

Vincent, concerned and surprised, came back to the UK to try and sort out the issues. He still very much wants Mark to live with him in Spain. He took Helen to court and asked for Mark to be able to go back to Spain to live with him.

Due to English not being her first language, and her knowledge of the law not having much depth, Helen turned to us to learn what options she had.

Helen’s worry was made worse as she knew the odds were stacked against her. Mark had spent most of his time in Spain, and so the judge would surely see that as a sign that he should return there with his father. Helen was worried she would hardly ever be able to see her son.

A complex case…

This case is complicated as it involves both UK law and Spanish law. Due to the fact that Mark was born in the UK but spent many of his childhood years in Spain, the Spanish courts have the right to make the final decision on where he should stay. Of course, they will take the UK courts opinion into consideration as well.

However, since Vincent filed a lawsuit in the UK court, under the Hague Convention, the court has its jurisdiction to decide whether or not to order that Mark return to Spain, as his habitual residence. However, the UK court’s jurisdiction is limited. The discretion is very narrow on grounds of intolerability of the child and the carer (the mother), should they to return to Spain; and the child’s objection to return, although subject to suitability of age. (Here Mark is still too young for his objection to carry much weight).

What can we do?

First of all, we need to collect various bits of evidence to prove that Helen is, and has always been, the primary caregiver of Mark. This can come in the form of photos, phone call records, various relevant data and records of school life, Mark’s medical records, and so on. This is an integral part of Helen’s case.

Since Vincent is so often working long hours and had previously been out of the country for work, his role in the family is more of a financial one, whereas the actual day to day care of Mark has been largely handled by Helen. If it would be intolerable for Helen to return, or if she could not return, then it will most certainly be intolerable for Mark to return.

Children and Family Court Advisory and Support Service

A second important point is that Helen obeyed the court arrangement and took Mark to give a psychological report to CAFCASS (Children and Family Court Advisory and Support Service).

The results show that if Mark suddenly loses his mother’s care completely, it will most probably be intolerable for Mark’s to live his normal life upon return. He has spent far more time with his mother than his father and her presence in his life is paramount.

The report also clearly found that Mark would prefer to stay in the UK with his mother.

Mother’s mental health and immigration barrier

The third point is that Spain was completely unacceptable and inhabitable to Helen, and led her to suffer severe mental torture and fear to an intolerable level. In fact, according to the relevant legal test, her fear to go back needs not to be objectively real, as long as the court found her fear is subjectively genuine, it is acceptable that it would be intolerable for her to return.

In addition, our immigration expertise made valuable contribution to the case as we found that without a valid status, it is not possible for Helen to stay in the UK legally and she had to return to Japan. If that is the case, it would be impossible for Mark to visit her often enough and it would be almost certain that the situation would be intolerable for Mark.

Father’s history:

Another part of the case that the court had to take into consideration was the fact that Vincent has had a family in the past, and his child has had a child, making Vincent a grandfather. Vincent’s grandson lives in Birmingham and has become a friend to Mark. This means that Mark has a relative in Birmingham, adding to the case that he should in fact remain in the UK.

The result…

In summary, for the best interests of the child, the judge ruled that although Mark would have to return to Spain with Vincent, he shall visit the UK to live with Helen every weekend, which is an exercise of a discretion very much in Helen’s favour, thanks to our immigration expertise incorporating her immigration status and needs. The court indeed also specifically permitted this order to be disclosed for Helen’s immigration status for the ease of her immigration application.

What we want to emphasize here is that because Mark’s main residence is still officially Spain, according to international law, the right to determine the contact and custody of Mark is actually the Spanish court; British courts have limited power in this decision, albeit with directory effect, which is very important for future proceeding in Spain.

However, as it is in the child’s voluntary choice to be with his mother in the UK, and if the child and mother are separated for long periods of time it would cause unbearable anguish for them both, we were able to win the court over to this shared custody.

This result came as a great relief to Helen, who was worried that she would get to see her son a lot less frequently.

What should Helen do next?

It must be noted that Helen returned to the UK from Japan this time with a visitor visa.

Many people know that the party holding a British visitor visa cannot stay in the UK for more than 180 days (6 months).

However, since Mark was born in the UK, Helen can actually consider applying for a more permanent visa through her child’s British status. Therefore, Helen can actually try to apply for a parental visa.

But of course, if she wants to apply for a parent visa, Helen must meet the relevant requirements, that is:

have sufficient financial conditions to support her and her child’s life in the UK,
have enough housing,
pass the English A1 test,
prove that she can personally and directly contact the child (Direct access in person), and
prove that she intends to continue to play an active role in raising and educating the child.

As long as she can meet these requirements, she should be able to attain the parental visa and be able to stay in the UK on a permanent basis!

Any questions? Contact us!

Our team here at Lisa’s Law is highly knowledgeable in this area. If you have any questions relating to this topic, or have any other legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

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Client receives HUGE unexpected bill leading to a true David vs Goliath success story!

Life can be full of unwelcome surprises.

Picture the scene:

A businessman rents out a premises from their local council, paying them rent and believing that the energy bills are included in that rent. They have never received a bill and have always assumed that the landlord takes care of it.

Once they have moved out of that property, out of the blue they are hit with a massive energy bill from a major UK energy provider, asking them to pay a huge amount of money for the energy they used throughout their time at the premises. Not only this, but interest has been added to the already massive cost.

Well, this is exactly what happened to one of our recent clients. It was our job to help him during his time of need, and we are proud of the outcome we managed to achieve for him.

The case in question:

For confidentiality purposes some of the details will be altered in this article, but it is all based upon an original case. We will refer to the client as Mr Cronin.

Mr Cronin runs a business in Sheffield, leasing out a space from the local government. When he first signed this lease, the local government had added a section which stated the tenant must also pay a regular ‘service fee’ on top of the agreed monthly rental payments. He assumed that this would cover the energy costs, and this belief was affirmed in his mind when he never received any separate energy bills throughout his tenancy.

After a few years of operating his business out of this property, the government notify Mr Cronin that he must leave, as there is a planned demolition of the building to make way for new developments.

Mr Cronin left the premises, and set out to continue his business elsewhere. That’s when he was hit with the giant energy bill, which came completely out of nowhere.

The energy provider demanded 2 years-worth of energy bills, and sent an official request letter. If Mr Cronin were unable to respond to the request letter, the next step is would be both parties attending a court hearing, resulting in a judge deciding the matter.

Extra costs can start to stack up when cases such as this reach court unsettled, which is why Mr Cronin turned to us for help.

Assessing the situation:

The amount that the energy provider was initially asking of our client was £50,000. A mighty sum indeed. However, they did concede to accepting £28,000 if it was paid up front. Still a very large bill to face on unexpected terms.

Preparing a defence:

One of the first things we noticed was that Mr Cronin was being charged for energy used for a period after he had already vacated the premises. This is obviously not his responsibility and he should not be made to pay for energy used during this time.

In order to prove this, we provided the lease contract between Mr Cronin and the local government, and a letter of notification from the local government informing Mr Cronin that the property is to be demolished. After they received this, this part of the bill was disregarded by all.

Second to this, we proposed that Mr Cronin had not received any energy bills during his tenancy, and that it had only been made clear that he owed money after he had already vacated the property.

It is due to the lack of correspondence between Mr Cronin and the energy provider that we argued that there was no official contractual relationship between the two parties. Mr Cronin always assumed that the additional ‘service fee’ that he was paying would take care of the energy bills.

A happy ending?

In the end, the energy supplier agreed to allow Mr Cronin to resolve the dispute with a figure of £10,000. This would be the entirety of the payment, with no further payments down the road. This payment will also mean that there is no judicial follow up for either parties.

It should be noted that this is a good result for Mr Cronin; in addition to avoiding the arrears that were too high to bear in the first place, he also avoided a lawsuit with a major energy provider in the event of a loss.

If the two parties had not come to some agreement before facing the courts, the result would have been far worse for Mr Cronin and at the very least more of an inconvenience for the energy provider. Financially, Cronin would have had to pay a lot more in legal fees, and the energy provider would obviously have the means to hire an expensive team of specialist lawyers – it would have been needlessly stressful and it is much better to get it sorted in advance.

When you think that the total cost was initially £50,000, and then the possibility of that increasing to around £100,000 if you consider legal fees if it went to court unsettled and even got defeated, the final payment of £10,000 is actually a very successful compromise for Mr Cronin.

What can we learn from this case?

As a lesson from the above case, we want to remind all readers who are running a business that when signing a commercial lease contract they should first carefully understand what the terms of the contract are and what it is they are paying for. Ask as many questions as you need to fully understand the situation. If anything is made unclear, do not sign the contract until it has been made clear.

In the case of service charges, these will usually go towards things such as the buildings general upkeep, and does not necessarily include any individual’s energy bills.

However, one positive that this case really highlights is the fact that no matter how unlikely a victory seems, it is always worth trying anyway. Mr Cronin came to us to challenge a huge energy provider, and in his case the underdog came out on top.

Here at Lisa’s Law we will fight your corner no matter what, and will always be upfront and practical in the advice we give.

Any other questions? Contact us!

Our team here at Lisa’s Law is ready to receive your instruction. If you have any questions relating to this topic, or have any other legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

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