Subletting Chaos – what could go wrong without a landlord’s permission?

Like all areas of business, things do not always go to plan in the world of conveyancing. It is always important to know exactly what you are getting into, and what type of people you are dealing with before even thinking about entering into a contractual agreement. Subletting, a popular way for tenants to let part or all of their home to someone else, is one of these areas that requires careful consideration.

This isn’t always as easy as it sounds.

One unlucky businessman faced losing over £90K after he was caught in a subletting scam, and while we cannot blame him for being enthusiastic about getting his new venture underway there are certainly some more cautious steps that he could have taken to avoid the mess he has found himself in.

The case in question:

The case today concerns two restaurateurs, Mr Choi and Mr Park. Looking to start a new business in Kingston upon Thames, Mr Choi entered into a subletting agreement with Mr Park, whereby Park would sublet a commercial premises to Choi in exchange for funds.

What Choi was not aware was the fact that Park had not received permission for this sublet from the property’s landlord. This is a vital part of any subletting. The lack of permission can make it an illegal deal.

Choi paid a fee of £60,000 plus a monthly payment of £9,500 to Park for the use of the property. On top of this, Choi redecorated and rebranded the property, calling it Big Burger. He put much effort, care and money into what he thought was a legitimate property from which to run his business.

Of course, when the landlord found out that Park had been subletting the premises to Choi, he retook possession of it and essentially kicked Choi out.

Choi then also found out that Park had lied to him about the lease length, by which the lease was due to run for only less than 5 years instead of ‘16 years’ that Park had claimed.

What happened next?

Choi claimed that he had entered into the agreement with Park to rent the premises, pending assignment of the lease, as a consequence of false statements made by Park, and that he had, consequently, suffered a hefty financial loss.

Park did not take this lying down. He contended, among other things, that:

he had not been acting in his personal capacity when he had entered into the agreement with Choi;

Choi had been aware that the agreement was an illegal sublet, not an assignment of the lease; and

he had simply expressed a willingness to assign the lease at some point in the future, subject to payment of the rent

What claims did Choi bring against Park?

There were a total of 5 claims brought against Park. They were:

fraudulent misrepresentation

breach of contract, said to be implied into the agreement;

a total failure of consideration (a financial claim in respect of the payments made to the defendants);

quantum meruit (a financial claim for the return of the value of works Choi had carried out at the premises); and

unlawful means of conspiracy

The results:

Obviously there was some back and forth contesting between the two parties, but essentially in the end Park was judged with not giving Choi the full picture, therefore misleading him into accepting the unlawful agreement.

The law is well established in dealing with cases such as this. It states:

‘Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages… unless he proves that he had reasonable ground to believe and did believe up to the time the contract was made the facts represented were true’

If Choi have had access to all the correct information, it was held by the Court that he would never have entered into the deal. It cost him dearly, both financially and mentally. As a consequence of the false statements made by Park, Choi had suffered loss. Therefore, Choi’s claim for misrepresentation succeeded and he was able to regain his money, a sum of £91,532.52.

What can we learn from this subletting case?

There are a few lessons we can learn from this case, mainly concerning the importance of due diligence in business transactions and serious consequences it may lead to in failing to do so.

If a person is deceived, such as the case with Choi in the above case, they are normally able to sue the person who misled them. In this case, Mr Park was the deceiver as he had provided false statements in order to convince Choi to enter into a contract with him.

But it is not always as easy as that.

Even if the innocent party is found to be due compensation from their deceiver, he/she may not be compensated for various reasons. The deceiver may have vanished (say, moving to other part of the world), or simply not have the means to pay up (such as becoming bankrupt). This can potentially lead to the innocent party spending even more time and money, and experiencing more stress, for essentially no reward.

The most effective preventive measure is always not to enter a business transaction unless you have carried out sufficient background check, to know the business, the property and the person. Should Mr Choi have done so, or engaged a lawyer to do so, he would have found the remaining term of the lease and whether permission was required from the landlord, rather than relying on Mr Parker’s misstatement. He would not definitely have rushed into the transaction and found himself experiencing so much hassle and trouble. It is purely a matter of chance to some extent that Mr Choi has managed to recover his loss.

What else could Mr Choi do if he was unable to recover his losses from Mr Park?

In theory, Mr Choi might be able to apply to the Court to intervene. One possibility would be for the landlord to forfeit the lease and grant it to Mr Choi, provided that the landlord is satisfied that Mr Choi is a person of good standing.

However, it should note that such action is more down to the landlord’s discretion, rather than Mr Choi’s right. Unless Mr Choi has evidence to prove that the landlord had been aware that he was trading in the property as a tenant (in fact, in this case, Mr Choi had none of such evidence), the landlord could well refuse his request. Even if the landlord is willing to grant a new lease to Mr Choi, clearly he/she will expect Mr Choi to bear all the relevant costs, which is likely not to be low.

How to correctly contract a sublet?

When trying to contract a sublet, it is vital that you first read the initial lease thoroughly to see whether any approval is required (in most cases, the answer is a yes). If so, no subletting can be lawfully made without such approval.

The last thing you want to do is risking it . It is not worth it and the chances of being found out can be very high.

The landlord will then have right to repossess the property and evict you. You may lose not only the monies you have paid to the tenant, but also all your investment in promoting the business, your time and energy.

Once you know the landlord’s approval is required, you need to provide evidence of your relevant trading experience, credit rating, business plan and even immigration history for the landlord’s consideration.

Although a landlord has right to decide how he can let into his/her property, most leases will provide that he/she cannot refuse such approval unreasonably; otherwise, the outgoing tenant can challenge him/her.

Once the approval is granted, it will be prudent to have a lawyer to check out thoroughly about the property, business and the contracts so that there will be no other issues which may affect your business in the future.

Any other issues? 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.

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December 2, 2019
Business, Case Study, Immigration, Law, Tax, Tax Avoidance

Tax avoidance case successfully handled! Client saves over £70,000!

The running of a business can take its toll. From balancing finances, looking after staff, providing a good service and everything in-between, it is no wonder that thousands of business owners in the UK frequently experience high levels of stress!

That stress is multiplied tenfold when you are accused of running your business in an illegal manner, which is exactly what happened to a client we recently worked with.

Lisa’s Law recently handled a tax case that had been the bane of a business owner’s life for over three years. So much of his time and energy had been going towards sorting this issue out, that he felt he was losing control of his life.

For the purposes of this article, we will refer to the client as Arjun.

Details of the case:

Arjun is originally from India and owns a restaurant in the UK. The first time his restaurant was visited by the HMRC it was because they were accusing him of deliberately declaring less cash earnings in order to pay less tax on the revenue made by his business.

Investigators from the tax bureau found that the restaurant had deliberately not filed the cash revenues in the past tax years in order to escape the VAT, and the restaurant also had violations of Corporate Tax as a result of under-declared VAT sales.

As a result of this serious accusation, Arjun was looking at a huge bill to pay; over £100,000 worth of taxes, interest and penalties, plus HMRC legal costs that would need to be accounted for if left uncontested.

Arjun explained that part of the issue was that a former employee of his had been stealing cash and not running it through the register correctly, so it was hard for him to keep track of the exact cash income of his restaurant.

As you can understand, this left Arjun with a considerable burden on his shoulders, which is why he turned to our litigation team for help. Not only was he worried about the financial side of this issue, but even more so the criminal side of it, as he may be held liable for VAT and tax fraud after the HMRC claims for back payment. His immigration status and livelihood would be affected massively if he was accused of this crime.

Cash as a percentage of total income:

It is important to remember that the HMRC is interested in specifically the cash takings of the business in this case. The HRMC estimated that cash dealings amounted to around 25% of the total income of the restaurant. This amount was agreed to when Arjun was questioned by HRMC representatives which was under duress, as he was pressurised into answering the questions without legal or accounting advice.

Also, the HRMC saw that within the local area of Arjun’s restaurant, similar establishments take in around a 30% cash income as well, which they use in favour of their argument.

Lisa’s Law to the rescue:

This case had been dragging on for a few years and was really negatively impacting Arjun’s life; the stress of it was impacting on his mental health. He suffered from anxiety and depression. He lost interest in running his business and was not keen on building a future.

Arjun was recommended Lisa’s Law by a friend and we immediately set to work on establishing a couple of things that would work in his favour:

Make it clear the Arjun did not deliberately fail to declare taxes.

and,

Reduce the percentage of cash income expected by the HRMC, meaning a decrease in the total of what Arjun must pay overall.

What we argued:

Firstly, we put forward that the initial estimate that both the HRMC and Arjun came to, in terms of the percentage of cash income generated by the business, of around 25%, was reached in speculative terms which were unfair to Arjun.

Arjun was not allowed to seek professional help from an accountant or law firm, and was subject to high pressure questions by the HRMC representatives. This meant that an important part of the case made against Arjun is actually invalid.

We argue that the cash income is actually much lower than 25% in the case of Arjun’s business.

To back up our claim, we referred to an official survey issued by UK Finance, the UK Payments Market Survey 2019.

Within this survey it is made clear that cash dealings within Arjun’s industry has declined in recent years, and that the 25% estimate made by the HRMC over a number of years is unrealistic.

This support from a credible third party helped us to convince the HRMC to reassess their cash percentage evaluation.

Deliberate or simply unaware?

Determining whether Arjun was deliberately not declaring the correct amount of income or if it was something he was unaware of is arguably the most vital part of this case. It dictates whether it is seen as criminal activity, or just simple careless. It also makes a vast difference in what Arjun will have to pay at the end of the case.

We put forward that because Arjun spends most of his time in the back of the restaurant preparing food, he was unable to properly supervise his staff. This led to one of his employees to begin stealing cash from the till. In turn, this led to incorrect amounts being submitted to the tax officials.

Success

After presenting this evidence to the HRMC, they eventually conceded that Arjun was only guilty of ‘Failure to take Reasonable Care’ rather than planned tax evasion. This is a much better result for him in every way imaginable, and means he is not seen as a criminal in the eyes of the law.

Further to this, the tax bureau’s determination of Arjun’s cash income was eventually compromised at 18%, instead of the original 25%.

This meant that rather than paying over £100,000 in bills and damages, Arjun had to pay a far smaller amount of £30,000. This is also a sum that he felt he was able to pay. If he had not been able to meet this payment, he could have also negotiated a payment arrangement with HMRC through Lisa’s Law to spread his liabilities over a period of time. This would avoid bankruptcy for himself and his business. This is a resounding success for Arjun and for us here at Lisa’s Law!

What can we learn from this case?

In cases such as this often the main focus is to minimise the damage taken by the client, in terms of not only financial woes but reputational effects too.

Co-operation with the tax bureau is necessary, however clear and detailed evidence to support the client’s claims, and try to work out the best deal possible. This is especially important when trying to dissuade the HRMC from considering the case a criminal act or not. It is very likely that when demands are met and the client is no longer considered a criminal, the fees to be paid will be reduced. Being co-operative with HMRC is also important, as they will be more willing to consider the defence and work out a mutual resolution.

It is often very easy to make mistakes when doing your taxes, particularly in the hectic food industry. When a problem becomes apparent it is always best to face it head on with support from professionals.

The best way to do this is to have a rigorous bookkeeping system and always take care and time when sorting through taxes. As well as Lisa’s Law, we also have Lisa’s Accountancy who offer excellent professional advice when it comes to doing taxes correctly.

You can reach them on 020 7096 2722 or email them at info@lisastax.co.uk.

Contact us!

If you have any questions about this, or just want to have a chat about any legal issue whatsoever, please do not hesitate to get in contact with us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

We are here for you!

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Sole Representative of an Overseas Company Visa – The Do’s and Don’ts

Sole Representative is a UK visa category allowing an employee/member of an organisation to enter the UK as a representative of an overseas company for the purpose of establishing a wholly owned subsidiary or branch in the UK for the overseas parent company. This visa has become a very common and famous choice for corporate organisations and new entrepreneurs with businesses abroad.

This visa option is vital for any non-European or non-UK national business looking to invest in the UK as it will allow the employee of their business to not only enter the UK, but also set up a wholly owned subsidiary or branch of the overseas parent company.

It is very important in order to acquire a successful decision for the same, it has to be made sure that all of the set required criteria and eligibility are satisfied and met and upon presenting the sufficient evidence obtained and submitted at the time of the application.

It is also equally vital that you choose who your representative will be in advance as they are required to meet certain criteria. If your representative is an overseas national with no automatic rights to work in the UK, they are required to fulfil further criteria in order to be satisfy the requirements under this visa.

Are the objectives met?

In order to qualify for this visa category, an applicant must:

Have sufficient funds to support themselves and their dependants (if applicable) in the UK – termed as maintenance;
Had passed the test for satisfying the English language requirement;
Applicant must have extensive knowledge and expertise in the particular business or work industry;
Must be held on a senior position within the company, but not as a majority shareholder.
Authorised to make decisions on behalf of the organisation or company;
An applicant must be employed for the company outside the UK, whose headquarters and principal place of business are outside the UK for at least a period of 12 months, prior to submitting the visa application.
They must not intend to undertake any other work or business except the current one in the UK.
Also last but not the least is that they are intending to establish the company’s first commercial presence in the UK, e.g. a registered branch or a wholly-owned subsidiary.

Is there a minimum salary requirement for the sole representative?

Where there isn’t any minimum salary level requirement to be satisfied, however the applicant must be earning enough to support themselves and their family members/dependents for this application. The remuneration or the pay should reflect their appropriate skills, experience and knowledge. They are not eligible to receive any public funds whatsoever.

Who can be the so-called dependents of a Sole Representative applicant in the UK?

Dependents include:

Spouse
Civil Partner
Unmarried Partner
Same-sex Partner
Your child or child who is under the age of 18

Is there possibility for an extension of a Sole Representative Visa after the initial application within the UK?

After the initial grant of the visa as a Representative of an Overseas Business, for the period of 3 years; there is possibility if the further extension of the same visa for next 2 years.

To enable for this extension, it is very important for an applicant to still meeting the requirements continue to demonstrate to act as sole representative for the same overseas company. Followed on after which they will be able to apply for their settlement after the completion of 5 years in the UK.

Can a Sole Representative applicant apply for the Indefinite Leave to Remain?

After the completion of 5 years in the UK, the applicant and their dependent(s) could apply for Indefinite Leave to Remain (settlement or Permanent Residency) on the condition that they are still continuing to meet with the criteria above.

What are the DO’s and the DON’T’S under the sole representative visa?

DO’s

Applicant can work full time for the employer;
Can apply and bring their family (‘dependants’) to the UK;
The applicant can make the extension for the said visa multiple times;
Applicant can also apply for the settlement in the UK after 5 years;
They can remain in the UK even if the company’s circumstances change and they have been in the UK for more than 2 years.

DON’T’S:

The applicant cannot be employed for themselves or any other employment or company except the one they are working for;
The applicant cannot continue to live and remain in the UK, even after the employment contract as their sole representative arrangement is ended by the employer;
They applicant cannot switch to this visa category in-country or out of the country whatsoever from any other visa category;
The applicant is not eligible to receive any kind of benefits or government public funds.

Contact us!

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Family reunions – A success story from Lisa’s Law

To be separated from your family for a long time is one of the hardest and most heart-breaking ordeals a person can go through. This is heightened when it is a parent who is separated from their child, with hardly any means of reuniting.

Even when the child grows to be almost 18, in the eyes of the parent they are still there to be taken care of and made safe. Yet, in the eyes of the Home Office this is not the case. This means that in a case where a parent is applying for their child to come to the UK in order to be reunited, once that child turns 18 the chances of success plummet like a lead balloon. Time is truly of the essence.

We recently had a case where a parent wanted to have his child come to the UK after years of separation, and it was made all the more urgent by the imminent 18^th birthday of said child.

The case in question:

In order to keep the identity of our client’s private, we will call the father in this case Paul and his son James.

Paul holds a formal refugee status in the UK and claims to have come to the UK initially as a victim of human trafficking. When he first arrived he applied for refugee status and mentioned in his application that he had a child back in his home country of the Philippines. This application was never replied to.

After waiting for about two years, Paul submitted the application again, and after several years of waiting, was confirmed by the Home Office to be a victim of human trafficking. After this was confirmed, he received official refugee status.

After 10 years of living in the UK, Paul was granted settled status and his main priority now is getting his son to the UK so they can finally be together again.

The 10 year wait:

Before getting the official settled status, Paul did not dare to leave the United Kingdom for fear that it would affect his application in a negative way. This means the separation between the father and the son lasted for more than 10 years.

Of course while Paul was in the UK, James was back in the Philippines growing up. So much time flew past that the boy who was separated from his father all those years ago is now nearly a man in the eyes of the law; his 18^th birthday only a couple of months away.

What occurred?

Throughout this 10 year period, James lived in the Philippines with his grandparents (the parents of Paul, his mother sadly passed away many years ago). While the grandparents enjoyed taking care of James, they are growing old themselves and may need care in the future.

Paul sent money back to James in order to support him, and they frequently spoke on the phone and through text message. Paul gave advice and always had a major input in every decision regarding James’ upbringing.

Proof and circumstances:

Taking into consideration the above, there are some key elements present that point to this case being successful, and that can be seen as guidelines for others looking to pursue a similar cause.

For example: Although Paul and James have not lived together for a long time, Paul still has the responsibility to support his James and must have an ‘active role’ in his life – considering the case under the ‘sole responsibility aspect’.

So, Paul must provide sufficient evidence to prove that James’ financial stability and direction of education etc. is very much in Paul’s control. This can be done by looking at bank transfers, transcripts of conversations, copies of texts and emails between Paul and James, the grandparents and James’ teachers back in the Philippines.

All this shows Paul’s concern with the development of James, meaning he is active in the child’s life.

Another circumstance is the ageing of James’ grandparents who currently look after him. This becomes a factor in favour of James coming to the UK, as soon they will be too old to take care of him effectively.

All-important DNA test

For this case we felt that it was necessary to prove a blood relation between the two parties, so we arranged James and Paul to have their DNA taken and compared, so that the Home Office could have no doubt of their relation.

It is important to note that the Home Office only accepts DNA results from endorsed DNA testing facilities. The list is always being updated, which you can see here: https://www.gov.uk/get-dna-test.

Success!

After all of the above was taken into consideration, and the positive results were sent back from the DNA facility we are pleased to report that the application was approved and Paul and James have been happily reunited!

What can we learn from this case?

Through this case, we can know that often there is much complexity and difficulty involved in cases of this nature.

Especially in the very critical situations (for instance in this case, the child is about to turn 18 years old), you need to be cautious in preparing for such applications, and strike while there is still time to make a difference.

If the applicant is experiencing any uncertainty when preparing for an application, it is best to contact and consult a professional lawyer as early as possible, and try to give themselves enough time to prepare; this will also be more helpful for the lawyers who take the case on.

Contact us!

If you are interested in cases such as this, or just want to have a chat about any legal issue whatsoever, please do not hesitate to get in contact with us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

We are here for you!

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Welcome Stephanie!

We have some really great news from our London offices to share with you; recently we have welcomed Stephanie Chiu into our ranks!

Stephanie joins us as a Paralegal and is really excited to learn on the job and develop her skills within the legal profession.

Stephanie is originally from Hong Kong and recently completed her LLB degree from the University of Kent.

She spent a year working for the Citizens Advice Centre and also has gained experience by completing some law internships back in Hong Kong, during which she was involved in cases concerning property, criminal and family law.

In her spare time Stephanie enjoys playing badminton, and she is fluent in English, Cantonese and Mandarin.

Welcome to the team, Stephanie!

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Administrative review – who, what, how?

If you have been denied a UK visa, an Administrative Review is a way to challenge the decision of the Home Office. Your application will be reviewed by a Home Office official. However, you must be aware that you cannot submit any new evidence in order to challenge the decision or rectify the shortcomings at the time of the initial application.

What kind of visa applications have the option of administrative review?

in country Tier 4 applications made on or after 20 October 2014 by either a main applicant or dependant
in country Tiers 1, 2 or 5 applications made on or after 2 March 2015 by either a main applicant or dependant, including indefinite leave to remain applications under those routes
in country applications where the decision was made on or after 6 April, unless the applicant applied as a visitor or made a protection or human rights claim

You can ask for your application to be reviewed if one of the following apply:

your application was refused
your application was granted but you’re unhappy with the amount or conditions of your leave

If you’re outside the UK, you can only ask for an administrative review if all of the following apply:

you’re outside the UK
you applied outside the UK
your application was refused on or after 6 April 2015
you do not have a right of appeal against the refusal
you did not make an application as a visitor or a short term student

How to apply for administrative review?

If your application was refused, you must apply for an administrative review within 14 days of getting the decision if you’re in the UK, within 28 days if you’re outside the UK.

Your refusal letter will tell you how to apply. You may be able to apply online. It costs £80.

You must apply within 7 days if you’ve been detained.

If your application was granted but you’re unhappy with the amount or conditions of your leave, you must email the Home Office within 14 days of getting your biometric residence permit.

Important things to remember…

The decision will be checked for the errors you point out.

Do not send the Home Office new information or documents for review unless you’ve been asked to.

You’ll usually receive the result of the administrative review within 28 days. You cannot request a second review (unless the result included new reasons why you were refused).

If your visa’s expired, you will not usually be removed from the UK until your review has been completed.

Your request will be withdrawn if you…

make any other immigration or visa application
ask for your passport back so you can travel
leave the UK

Other things to think about…

More often than not, applicants will not be removed from the UK until their review has been completed.

However, if they ask for a review but the Home Office position is that its outcome would not make a difference to the decision to remove/deport them, a review will not prevent removal taking place.

This includes if they are facing automatic deportation or their case is a national security case.

Potential outcomes of Administrative Review:

If an Administrative Review is successful, the initial decision may be withdrawn. If it is not successful, the initial decision may remain as it was, with the reasons for the decision either being the same as before, altered, or added to.

What if you don’t agree with the decision?

You can seek a judicial review if you’re not satisfied with your administrative review result. We will discuss more about it in our future articles.

More information relating to appeals can also be found here: Home Office can make serious errors, but how can we deal with them?

Contact us!

Please do not hesitate to get in contact with us on 020 7928 0276 or email in to info@lisaslaw.co.uk if you have any legal enquiries at all.

We are here for you!

lisaslaw@web

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November 19, 2019
Appeals, Home Office, Immigration, Mistake, Refusal, Visa

Home Office can make serious errors, but how can we deal with them?

A recent Home Office blunder meant that a man was refused leave to remain to care for his terminally ill partner.

The Home Office denied O’Neill Wallfall’s application because he could not prove that ‘travelling back to the Iraq would put his life at risk’.

However, Wallfall, as a Jamaican national who had come to the UK in 2002, had never even been to Iraq. This refusal was clearly based on a Home Office employee copy and pasting a reply meant for someone else.

This has attracted some attention, as it is worrying that Home Office officials would be so careless in their work. The error was made toward the end of the refusal letter, in which they had already stated that it was not unreasonable to assume his partner could relocate to Jamaica and receive healthcare there. It was a clear mismatch of information.

We must remember that the Home Office is made up of humans…

…and humans make mistakes! It is well known that the Home Office is regularly understaffed and deal with an extremely high amount of applications. They are given targets to meet and frequently are working in a high pressure environment.

As a law firm dealing with a variety of cases, we are not surprised when we hear of mistakes such as these being made by the Home Office.

However, it does not excuse them and there are options available to people who find themselves being refused for incorrect or unclear reasons.

Can you appeal?

You potentially qualify for an appeal if the Home Office has:

refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
refused your human rights claim
made a decision under the European Economic Area (EEA) Regulations, for example the Home Office has decided to deport you or refused to issue you a residence document
decided to revoke your protection status
decided to take away your British citizenship

If you are not informed of your right to an appeal, do not worry. There are still some other options available to you such as administrative reviews and judicial reviews which we will be covering in articles to come.

Appeals:

You have the chance to appeal any decision that the Home Office makes against you. You have 14 days to appeal after the date of your decision.

Applying online is always the quickest option, you can find the relevant documents on this page. If not, you can post or fax your appeal.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

just on the information in your appeal form and any documents supplied to the tribunal
at a hearing that you or your representative can attend

The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case and invited to attend.

Fees

It costs:

£80 without a hearing
£140 with a hearing

How to pay:

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

Is your appeal urgent?

You need to write to the tribunal with:

the reason why your case should be heard urgently
evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

Your case will be reviewed by a judge, who will then decide whether you should be heard sooner than usual.

Contact us!

If you are confused or just want to have a chat about any of the above please do not hesitate to get in contact with us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

We are here for you!

lisaslaw@web

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Success story from Lisa’s Law – Settlement visa attained for mother and child

The overarching reason why Lisa’s Law exists is because we want to help people. Whether this be supporting someone just starting out to get their first business up and running or assisting a family in moving into their first home, we aim to be a pillar of support throughout the entire journey.

We recently had a touching case come through, and we are really pleased with how it turned out.

Names and details of the case have been altered to respect our client’s privacy.

The case in question…

A mother of a 14 year old girl is applying for settlement on the basis that her child is a British Citizen who cannot live independently and requires her full support and care.

For the purposes of this article we will refer to the mother in this case as Claire and her daughter as Daisy.

The applicants past…

Claire is originally from China and was originally granted an Entry Clearance visa in 2002 as a Tier 4 (General) Student, which was valid until December 2006.

Claire met a Mr David Yung, who is the biological father of Daisy, in January 2006. She applied for further leave as a skilled worker before her original leave expired, but this was denied.

Claire fell pregnant before her application was denied and subsequently stayed in the UK another year, giving birth to Daisy in 2007. Then she took the voluntary option to return to China with her child.

Claire then returned to the UK with her daughter a few years later on a visitor visa to visit Mr Yung. While here, she reapplied for further leave to remain on the basis of her relationship with Mr Yung (a British citizen) and as Daisy’s (a British citizen by birth) primary caregiver. During this time Mr Yung passed away.

This application was refused as Claire had changed address and failed to receive the necessary materials in time. She therefore returned to China with her daughter.

What happened next?

Claire and Daisy moved to New Zealand where Claire worked as a chef, earning a respectable wage of around £30,000. Daisy is in possession of a British passport on account of her being born in Newcastle.

Success at last!

Still wishing to settle in the UK they reignited their application once more. This time with the help of a friend in the UK.

Claire was offered a full time position as a receptionist for a construction firm, which would earn her £23,500 a year. More than the £18,600 minimum requirement. This means they are financially independent, requiring no help from the state.

What’s more, the same friend who offered her the job has provided Claire with a place to stay, which is fit for both her and Daisy to live in.

Claire also passed the English requirement test (A1 level IELTS).

So, finally after many years of trying Claire and Daisy were able to settle in the UK. A happy ending at last!

Problems and solutions…

This case was complex due to a few reasons. Getting a carer visa is very difficult at the best of times as the Home Office is always wary of people trying to get one under fake pretences. This is why we had to be militant in providing evidence that the relationship between the mother and daughter was strong and long lasting, and that they had a proven history of living together as a family. We made sure the correct mixture of proof was presented to the Home Office.

It is very important that the immigration officer sees that the parent is taking an ‘active role’ in the child’s upbringing and planning to continue after the application, so proof of financial as well as spiritual care is important. This can be images of trips together, proof of providing school equipment and clothes etc. Letters from the child’s school and GP/dentist confirming the parent take the child to school/appointments or go to parent evenings can be helpful as well.

Another important part of getting this type of visa is the ability to proving the applicant can look after themselves and the child without claiming any benefits or relying on the state for housing. You need to be earning at least £18,600 and have a suitable place to live, which is not too small and cramped, or run down, which has suitable sleeping areas for all who live there.

What’s more is that in our particular case discussed above, the mother and daughter had already been living in New Zealand which is an English speaking country. It is sometimes easier to win cases such as this if the family are living in a country which is further removed from the UK (or whichever country the applicant wants to settle in). This is because it would be more difficult and harsh on the child to try to adapt to a land so different from the one they were born in. So, it was fortunate that in this case the Home Office did not challenge this too much, and chose to focus on what would be truly best for the child.

Solo guardianship of the child could not be questioned, as the biological father of Daisy had already passed away. Circumstance such as these can sometimes evoke compassion from the Home Office.

The role of Lisa’s Law:

It is a very complicated business, as you can see from the story above, to actually be successful in your journey to settlement. You need someone who knows what the Home Office is looking for, someone who knows immigration law like the back of their hands, to ensure that the right documents are submitted and the correct information is given. Otherwise it is like walking through a minefield with a blindfold on!

In this case we made sure that all necessary and original documents were submitted to the Home Office in a timely and organised manner, leaving no excuse for things to be missed or any incorrect information to slip in.

Contact us!

We are ready and well equipped to handle your case, with specialist solicitors just a phone call away, so feel free to call us on 020 7928 0276 or email into info@lisaslaw.co.uk if you need any legal advice.

For more legal news and updates be sure to follow us on Facebook, Twitter and YouTube!

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£1m investor visa – time is of the essence!

A few years ago, an investment of £1m into the UK was enough to ensure a right of residence for the investor. Since November 2014 the required amount has been increased to £2m, but for those who already hold a Tier 1 (Investor) visa on the back of the original £1m route are still able to extend that visa or make the swap to indefinite leave to remain (ILR).

However, these £1m investors need to act swiftly if they want to secure their place in the UK.

Those concerned…

Many of the people who made the £1m investment will have qualified for ILR due to the amount of time that has passed since the required amount has been increased. Yet, a significant portion will not have for a few possible reasons, such as:

they have had excessive absences from the UK in the qualifying period for ILR (more than 180 days per year, or, since January 2018, 180 days in any 12-month period); and/or
their English is not at an acceptable level; and/or
they are under 65 and are unable to pass the Life in the UK test unless under any exceptional circumstances or with any physical or mental disability

Important changes:

Changes have been made to this visa route. There are now certain deadlines that these investors on the original £1m route must adhere to, and some factors that also affect those on the newer £2m route.

Extension deadlines:

An application for extension for those on the £1m investor visa must happen before 6 April 2020.

To extend after that date, they would have to increase their investment to at least £2m.

If an application cannot be made in time because the investor does not meet the requirements, the investment will have to be increased to £2m.

So, the best thing to do is to apply for the extension ASAP and save having to increase your investment.

Money is not enough…

If the applicant does have to increase their investment, the time that they spent on the initial £1m visa route will not count towards the time needed for ILR.

They will only be able to qualify for ILR when they have also clocked up the relevant qualifying period starting from the date they increased their investment: five years if £2m, three years if £5m, two years if £10m).

What about government bonds?

In March 2019, government bonds (known to many as gilts) were removed as a qualifying investment for a Tier 1 (Investor) visa. This is part of the Home Office’s general aim to limit who this visa option is available to.

For anyone who entered the route before 29 March 2019 (not only those on the initial £1m route), extension applications where the investment still includes government bonds must be made before 6 April 2023. ILR applications relying on government bonds must be made before 6 April 2025.

Applications filed after the above dates that rely on government bonds held after those dates will be refused.

The investment must then be moved away from government bonds and into share capital or loan capital in active and trading UK registered companies.

Be sure of where you stand…

These new requirements will be easy for unsuspecting applicants to trip over. It is highly advisable to assess what you need to do if you are on the original £1m route or have invested in government bonds. You may need to increase or alternate your original investment, or you may need to take steps to ensure you meet the other requirements, such as amount of absences and your level of English.

Contact us!

Our team of specialist solicitors are here to help you every step of the way; with us there will be no more confusion about what to do next or worry about the state of your visa. We can handle extension applications as well as brand new applications for the Tier 1 investor visa.

Call now on 020 7928 0276 or email in to info@lisaslaw.co.uk

Reference list:

Tier 1 investor guidance: https://www.gov.uk/tier-1-investor

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10 years continuous residency – the do’s and don’ts

After living anywhere for an extended period of time, immersing yourself in the surroundings and carving out a place for yourself the community, you will begin to think of that place as your home. It is with this in mind that the Home Office offers the 10 year continuous residency route to indefinite leave to remain in the UK.

Who qualifies?

As the name suggests, migrants who have accumulated ten years continuous lawful residence in the UK, under any combination of UK visas, may qualify for ILR on 10 years basis.

However, there are strict rules on what constitutes a continuous and lawful residency in the UK, and with a 10 year timeline attached to this visa, it can be easy to break some of the rules even if it is unintentional.

The meaning of continuous lawful residency:

Applicants will only have fulfilled the requirements if they have…

Not been out of the UK for more than 18 months (540 days in total) during the 10 year period.
Maintained valid leave to remain status under any immigration category for the entire period.
Not been out of the UK for more than 6 months on any one occasion during the 10 year period.
Not left the UK within the relevant period having been refused leave to enter or remain.
Not been removed or deported from the UK during the 10 year period.

You can still qualify if you:

Have spent less than 6 months outside the UK at any one time during the 10 years residency in the UK.

Had existing leave to remain when both exiting and re-entering the UK.

Is there any leeway?

It is not uncommon for applicants to have exceeded the 540 days of absence from the UK over the 10 year period. So, if this is the case with you it may not be the end of the road as discretion can be used by the Home Office.

It will be taken into consideration when the bulk of these absences took place. The closer the absence to the end of 10 year period, the less likely the discretion to be exercised for your ILR application. In other words, it’s better if these absences took place a long time ago.
If the absences were recent, the person will not qualify for a long time, and so you must consider whether there are particularly compelling/compassionate reasons. Compelling reasons mean when an applicant was prevented from returning to the UK through unavoidable circumstances.

Prisons and institutions

Continuous residence is broken and the time spent is not counted if an applicant receives a custodial sentence by a court of law and is sent to:

prison
a young offender institution
a secure hospital

Temporary admission counts!

Temporary admission or release or immigration bail qualifies as lawful residence when leave to enter or leave to remain is later granted. For example, if an applicant is granted leave following a period of temporary admission, the time on temporary admission counts as lawful residence.

If you are not too sure about when temporary admission counts as lawful residence, you can see some examples here (example 4 from the long residence guidance). Or, you can ask for legal advice from us directly!

When is a good time to apply?

The application for 10 year ILR should be made before your current leave to remain expires. You also cannot apply more than 28 days before you fully complete the 10 year continuous residency requirement.

It is important to know where to start counting your time in the UK from, if you apply with an incorrect start date you will be refused and will not be refunded.

Your official 10 year period starts from the visa date on which you entered the UK or the date you were granted permission to remain in the UK (if you didn’t enter the UK on a visa).

How long does it take?

The time taken to complete the application process and receive your result will vary from case to case. However, it usually take around 6 months for a decision to be made on an application. This is unless you want to pay for the Super Priority service for an extra £800, which will greatly increase the speed at which your case is dealt with (usually to only 1 or 2 working days).

Priority service update:

Note: There is now only a limited amount of spaces per day for priority service, this means that not everyone who applies for it will get it and some people may have to reapply for it on a different day.

What documents do you need to have?

There may be some case specific variation here, but the below documents should form the base for you application:

Your current Passport or other valid travel ID (old passports you’ve had since you’ve been in the UK are helpful as well)
BRP (biometric residence permit ), if you hold one
Two identical passport size colour photographs
Police registration certificate, if you have one
Other supporting documents with the application (bank statements, other travel documents if you have them etc.)

Contact us!

For more legal news and updates be sure to follow us on Facebook, Twitter and YouTube!

Reference list:

Long Residency UKGOV guidance:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/841917/long-residence-v16.0ext.pdf

Apply to settle in the UK: Long Residency

https://www.gov.uk/long-residence

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