Renters’ Rights Bill enters Parliament – what are the implications for renters and landlords?

The newly elected government has wasted no time in publishing its plans for the Renters’ Rights Bill, with the legislation beginning its Parliamentary journey on Wednesday 11^th September. The news will be hugely welcomed by renters, who have had their patience tested by long-awaited reform to the private rental sector.

Previously on offer for renters was the Renters’ (Reform) Bill, first introduced in 2023 under Rishi Sunak. Nevertheless, like many other pieces of legislation, the bill fell victim to the parliamentary wash-up period, a consequence of the 2024 general election. Some commentators have also pointed out active resistance to the bill from landlord MPs within parliament as a potential cause for the bill failing to be passed within the 5-year Parliament.

Despite this, hope for renters is not lost. The Renters’ Rights Bill resurrects several features of the Renters (Reform) Bill, such as a ban on no-fault evictions. It also promises to further strengthen the rights of renters and offer greater clarity to landlords. The government have signalled their desire to ensure that the bill progresses through parliament as quickly as possible, with Housing Minister Matthew Pennycook stating: “We hope (the bill) will make very quick progress through the House of Commons and that we have that new tenancy system in place within the first half or around summer next year.”

Let’s take a look at the Renters’ Rights Bill in more detail, focusing on the biggest aspects of the bill.

Abolition of section 21 evictions

A major feature of the Renters’ Rights Bill is the abolition of the controversial section 21 evictions. Currently, landlords are able to evict tenants after a fixed term tenancy ends, or during a periodic tenancy in which there is no set end date.

However, the abolition of section 21 evictions will simplify the private rental sector and make all assured tenancies periodic. This will give tenants more security by having no set end date, something which the policy also aims to enable tenants to challenge poor practise and unfair rent increases without the fear of being evicted by their landlords. You can find out more about section 21 notices here.

Furthermore, possession grounds will be clearer and expanded, to ensure that landlords can regain possession of their property when this is reasonable.

Banning bidding wars

The ability of renters to challenge above market rents will also be strengthened by the Renters’ Rights Bill.

At the moment, high demand for properties can often lead to situations where landlords set an advertised rate for their rental property but subsequently create an artificial bidding war by accepting the highest offer for a rental property.

This practise will be banned by Labour, with landlords and agents forced to set an advertised rate which they must stick to. The practise of accepting an offer above the advertised rate will be illegal.

Better quality homes

Both the Decent Homes Standard and Awaab’s Law are designed to ensure that rental homes are up to standard.

The Decent Homes Standard currently only applies to social housing, however this standard will now also apply to private housing. A privately rented property which fails to meet DHS standards will be open to enforcement by the local council. For example, they will have the ability to issue an improvement notice within a set timeframe. Landlords who fail to comply to the enforcement notice may be subject to a civil penalty or criminal prosecution. This will aim to ensure that private homes are safe and hazard-free

Follow its application to social housing last year, Awaab’s Law will also apply to private housing. This law will set new requirements to address issues such as damp and mould within a specified time period. Landlords who do not comply will be open to enforcement action in the courts by their tenants for breach of contract.

Rental discrimination

The new bill will make it illegal for landlords to discriminate against people who are in receipt of benefits or have children. While this will mean that overt practises such as ‘No DBS’ adverts will be banned, it will also aim to prevent more discreet means of discrimination in which landlords or letting agents may favour someone not in receipt of benefits or with children.

While landlords will have the final say, including carrying out referencing checks to ensure that the potential tenants can afford said property, they will not be able to make the decision based on the prospective tenant having children or being in receipt of benefits.

Private rented sector database

The aim of a private rented sector database is to benefit the system as a whole, landlords and tenants alike. For example, to offer a system which allows tenants to see whether landlords are compliant with regulations. For landlords, they will need to be registered on the database in order to use certain grounds of possession, as well as highlighting those are compliant.

Furthermore, it will seek to give councils the ability to target enforcement activity where it is most needed.

Giving tenants the right to request a pet in their property

The bill also gives tenants a greater opportunity to live with their pets by giving them the right to request a pet in their property. At the moment, under the Housing Act 1988 landlords are not obliged to allow tenants to keep a pet in their rental property.

The Renters’ Rights Bill changes this by stating that when a tenant requests a pet, a landlord cannot unreasonably decline their request. Tenants will also have the ability to challenge what they deem to be an unfair decision. Landlords will be reassured by the fact that the bill will include the ability for them to ask for insurance which covers pet damage.

We covered this topic in more detail in an article earlier this year which looked at whether landlords have to say yes to tenants when they request a pet. You can read that article here.

Private Rented Sector Landlord Ombudsman

Introduce a new private rented sector landlord ombudsman to provide resolution for complaints by tenants about their landlords as an alternative to court. Tenants will be able to use the free services to complain about a landlords’ behaviour or actions. The powers of the ombudsman could result in actions ranging from the issuing of an apology to the tenant, up to having to take remedial action and/or issuing compensation.

All private landlords in England with assured or regulated tenancies will be required to join, even if they use a managing agent.

Our final thoughts on the Renters’ Rights Bill

The Renters’ Rights Bill is at the beginning of its legislative journey and will be subject to scrutiny and potential amendments before it becomes law. Nevertheless, the large majority within Parliament for the new government, and their prioritisation of the bill means that there should be light at the end of the tunnel for renters. Whether it will be welcomed by landlords is a separate issue, and some will be anxious about whether they have enough time to adapt to the reforms.

Whether you are a renter, landlord, or homeowner, Lisa’s Law will keep you up to date with any of the big developments when it comes to the Renters’ Rights Bill, as well as other big property law updates. Subscribe to our various platforms today.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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Sumit Singh

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How to Apply for a UK Family Visa from India

If you have family members in the UK and wish to join them, applying for a UK family visa from India is the appropriate step. This visa allows you to live with your spouse, partner, child, parent, or other close family members who are settled in the UK.

This guide will briefly explain the general requirements that must be met to apply for a family visa.

Written by Beryl Gao

Types of UK Family Visas

Depending on your relationship with your family member in the UK, you can apply for one of the following types of family visas:

1. Spouse or Partner Visa: For married couples, civil partners, or those in a long-term relationship.

2. Fiancé(e) Visa: For those planning to marry or enter into a civil partnership in the UK within six months.

3. Parent Visa: For parents of children who are British citizens or settled in the UK.

4. Child Visa: For children whose parent(s) are British citizens or have settled status.

5. Adult Dependent Relative Visa: For adults who need long-term care from a family member in the UK.

General Requirements

To qualify for a UK family visa, you need to meet several basic criteria:

Relationship Proof: Provide evidence of your relationship with the UK-based family member, such as a marriage or birth certificate.
Intent to Live Together: Demonstrate your intention to live together in the UK on a permanent basis.
Adequate Accommodation: Show that suitable accommodation is arranged for you and your family in the UK.
Genuine Relationship: Prove that your relationship with the UK-based family member is genuine and subsisting.
Good Character: You should not have a history of criminal activities or breaches of UK immigration laws.

Financial Requirements

One of the key requirements for a UK family visa is demonstrating that you and your sponsoring family member can financially support yourselves without relying on public funds. Here are the financial thresholds you need to meet:

Applications after 11 April 2024

If you first apply for a family visa as a spouse or partner after 11 April 2024, you need to meet one of the following criteria:

Have a minimum income: Applicants must meet a minimum income requirement of at least £29,000.
Have cash savings: Applicants must have a minimum cash savings requirement of at least £88,500.
Use a combination of both: Applicants can use a combination of both income and cash savings to meet the requirements. The formula to calculate the amount of cash savings needed for a UK family visa is Cash Savings Required = (Annual Shortfall x 2.5) + £16,000

Applications before 11 April 2024

If you applied as a spouse before 11 April 2024 and are extending your visa with the same partner, you need to meet one of the following criteria:

Have a minimum income: Applicants must meet a minimum income requirement of at least 18,600.
Have cash savings: Applicants must have a minimum cash savings requirement of at least £62,500.
Use a combination of both: Applicants can use a combination of both income and cash savings to meet the requirements. The formula to calculate the amount of cash savings needed for a UK family visa is Cash Savings Required = (Annual Shortfall x 2.5) + £16,000

If you have children, you must prove you have extra income unless the children:

Are British or Irish citizens
Have pre-settled status
Are permanently settled in the UK

For other children, the additional income required is:

£3,800 a year for the first child
£2,400 a year for each additional child

The maximum income requirement is capped at £29,000, regardless of the number of children.

Exemptions: Some applicants may be exempt from the financial requirement if the UK sponsor is receiving specific disability benefits or carer’s allowance.

What counts as income?

Income from employment before tax and National Insurance
Income earned from self-employment or as a director of a limited company in the UK
Cash savings
Money from a pension
Non-work income, for example from property rentals or dividends

Knowledge of English

Indian nationals aged 18 to 65 are required to demonstrate knowledge of the English language. You can meet this requirement in one of the following ways:

English Language Test: Pass an approved English language test at A1 level or higher in speaking and listening. Tests are usually conducted by recognized providers such as IELTS or Pearson. If you pass level B1, you can use your test result again when you apply for settlement after 5 years.
Academic Qualification: Hold an academic qualification (such as a degree) that was taught or researched in English and is recognized by UK NARIC as equivalent to a UK bachelor’s degree or higher.

Some applicants are exempt from the English language requirement if they are applying as an adult coming to be cared for by a relative or have a physical or mental condition that prevents them from meeting the requirement.

Application Process

Once your application has been submitted, you will need to schedule an appointment at a Visa Application Centre (VAC) in India for your biometrics. You will need to provide your fingerprints and photograph. You will not be able to submit further documents after your biometrics have been submitted and your application will be under consideration.

The standard processing time for a UK family visa application submitted from outside the UK is 12 weeks. However, you can choose the ‘priority service’ to get a faster decision which usually get a decision within 30 working days for Family visa applications from outside the UK.

Upon approval, you will receive a vignette(sticker) in your passport, allowing you to travel to the UK. You must collect your Biometric Residence Permit (BRP) before your vignette expires or within 10 days of arriving in the UK, whichever is the later.

All BRPs now expire on or before 31 December 2024. You do not need to tell the Home Office if your BRP expires on 31 December 2024 and you will be able to use an eVisa to travel to the UK in the future. Please contact Lisa’s Law Solicitors if you need any assistance with eVisa.

UK Application Visa Centres in India

In India, there are multiple Visa Application Centres where you can submit your biometrics and collect your entry clearance vignette. There are 29 UK Visa Application Centres in India, and some key locations include:

New Delhi
Mumbai
Chennai
Bangalore
Hyderabad
Kolkata
Pune
Ahmedabad

These centres are managed by VFS Global, the official partner for UK visa services in India. You can find your nearest location, opening hours and centre information on the VFS website. The link is https://visa.vfsglobal.com/ind/en/gbr/attend-centre

How many Indian migrants come to the UK?

Of the 1,218,000 who came to the UK in 2023, 10% (126,000) were EU nationals. This is similar to the 2022 total of 116,000. (BBC News)

About 85% (1,031,000) came from outside the EU. The top five non-EU nationalities were:

Indian – 250,000
Nigerian – 141,000
Chinese – 90,000
Pakistani – 83,000
Zimbabwean – 36,000

Home Office statistics show that nearly 80,000 family-related visas were granted, in the year ending March 2024, an increase of 22% on the previous year.

Common Reasons for Refusal

To avoid delays or rejection, be aware of common reasons for family visa refusals:

Incomplete or inaccurate information in the application.
Insufficient evidence of a genuine relationship.
Failing to meet the financial or English language requirements.
Missing or expired supporting documents.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

Sumit Singh

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What changes to litigation can be expected under the new Labour government?

The advent of the new Labour government sparked optimism within the legal industry, partly due to hope for a change in direction, but also due to the Prime Minister’s high-profile legal background and that of many of his colleagues. 40 bills were announced in July’s King’s Speech, however many in the legal profession were underwhelmed through a lack of immediate action on some of the more pressing issues within the system. So what litigation policies have been announced?

Well, notably absent was The Litigation Funding Agreements (Enforceability) Bill, as well as the Strategic Litigation Against Public Participation (SLAPP) Bill. However, the Arbitration Bill was one of the 40 bills mentioned as part of the new government’s priority agenda. Emphasis was also placed on employment rights through the inclusion of Employment Rights Bill.

Let’s take a look at these areas in more detail and examine the approach the government may take.

Arbitration Bill

Labour will look to implement the Arbitration Bill, which was due to be passed by the previous government, before failing due to July’s general election.

The bill is a consequence of the Law Commission being asked by the Government to review the Arbitration Act 1996. The Law Commission were tasked with reviewing whether there were any amendments needed to make the Act fit for purpose, as well as ensuring that the UK continues to be a leading destination for commercial arbitration. Their findings subsequently resulted in the advent of the Arbitration Bill, which re-entered Parliament in July’s King’s Speech.

With at least 5000 domestic and international arbitrations taking place each year in England and Wales, worth £2.5 billion to the economy in fees, it is vital to ensure that the UK maintains its world-leading position as the globally preferred choice for international arbitration.

The Arbitration Bill sets out how it will update the Arbitration Act 1996 and ensure more efficient dispute resolution by:

Clarifying the law applicable to arbitration agreements. This will provide greater certainty, avoid unnecessary satellite litigation and ensure parties are supported by our arbitration laws where appropriate.
Codifying a duty of disclosure for arbitrators. This will better protect the principle of impartiality and promote trust in arbitration.
Strengthening arbitrator immunity against liability for resignations and applications for removal. This will support arbitrators in making robust and impartial decisions.
Empowering arbitrators to make awards on a summary basis on issues that have no real prospect of success. This will improve efficiency and aligns with summary judgments available in court proceedings.
Empowering emergency arbitrators to issue peremptory orders and make relevant applications for court orders. This will enhance the effectiveness of emergency arbitrators and give them better access to court enforcement (as currently enjoyed by non-emergency arbitrators).
Revising the framework for challenges to an arbitral tribunal’s jurisdiction under section 67 of the 1996 Act. This will allow new rules of court to provide that such applications should contain no new evidence or new arguments. That will avoid jurisdiction challenges becoming a full rehearing, thereby preventing further delay and costs.

SLAPP Bill

To the disappointment of some, Labour could not commit to a timetable for bringing standalone legislation for a bill on strategic lawsuits against public participation (SLAPPs). Former Prime Minister, Rishi Sunak, had previously backed a Labour backbench MP’s attempt to ban SLAPPs, but this failed to pass before the election.

Despite this, a Labour justice minister in the House of Lords, Frederick Ponsonby, stated that the government would be conducting a review of SLAPPs. He added that, while it was important to outlaw abusive SLAPPs, at the same time there was a “need to protect access to justice for legitimate claims”. While acknowledging the need to urgently tackle SLAPPs in law, he could not commit to separate legislation.

SLAPPs have received widespread criticism, and are defined om a previous policy paper as “legal actions typically brought by corporations or individuals with the intention of harassing, intimidating and financially or psychologically exhausting opponents via improper use of the legal system.”

Employment Rights Bill

A major piece of legislation being introduced by the government is the “New Deal for Working People”. This significant reform to employment law includes an array of new day one employment rights for employees, banning so-called “exploitative” zero hours contracts, ending fire and rehire, and a new single-status of worker instead of the current three-tier system.

They have also promised to reform pay by making the minimum wage a “genuine living wage”, strengthen statutory sick pay, and ban unpaid internships which aren’t part of an education or training course.

We covered this topic in more detail here.

Litigation Funding

Finally, another pressing concern for litigators is litigation funding. However, this is unlikely to be addressed this year. Justice Minister Lord Ponsonby has outlined that a review of third-party litigation funding is currently being undertaken by the Civil Justice Council which should report by the summer of 2025.

The previous government had introduced the Litigation Funding Agreements (Enforceability) Bill in March following the UK Supreme Court’s Paccar judgment in 2023. However, this failed to pass due to the July government election, and was also missed out in the King’s Speech.

The current Labour government has signalled its desire to reverse Paccar, which equated a litigation fundings agreement with a damages-based agreement. This was a significant decision because LFAs entitle the funder to a percentage of any damages and/or proceeds which are recovered by the claimant. By amounting them to a DBA, there was concern that LFAs which were drafted prior to the Paccar decision would be held to be unenforceable DBAs.

Our thoughts

The new Labour government’s legal reforms represent a complex picture of both progress, but also a level of uncertainty. The Arbitration Bill, a key focus in the King’s Speech, aims to update the Arbitration Act 1996, enhancing clarity, efficiency, and impartiality in dispute resolution. This move underscores Labour’s commitment to maintaining the UK’s leading position in global arbitration, which is vital given its significant economic impact.

However, the absence of immediate action on pressing issues such as SLAPPs and litigation funding leaves some outstanding concerns unresolved – for the time being. The government’s promise to review SLAPPs and the anticipated report on third-party litigation funding reflect an acknowledgment of these challenges, but legislative action may be slow. Meanwhile, the “New Deal for Working People” promises significant employment law reforms, indicating a shift towards stronger worker protections. Overall, while there are promising developments, the legal community will need to remain engaged and proactive to address the unresolved issues effectively.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

Sumit Singh

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Company name dispute – how we helped a business defend their name

At Lisa’s Law, we take pride in guiding our clients through complex legal disputes and helping them to achieve successful outcomes. Recently, we represented “Prime Talent Career Co. (PTCO)”, an international employment agency, in a company name dispute against Elite Employment Services Ltd, trading as “Prime Talent Career Placement (PTCP)“. Our client had just expanded their international business to London a year or so ago and was soon faced with threat of lawsuits.

[The names and business nature of these companies are altered and are for illustrative purposes only]

Company Names and Trading Names: The Risk of Confusion

Company name disputes occur when two businesses use similar names, potentially causing confusion to customers. These disputes often involve claims of “passing off”, where one business misrepresents its goods or services as being associated with another, damaging the established business’s reputation and goodwill.

A particular issue in these cases is the use of trading name—the names businesses use publicly, which may differ from their registered company names. Trading names can build significant goodwill and brand recognition over time, even if they are not officially registered or visible in standard company name searches. This can create unexpected conflicts, as a business might operate under one or more trading names that are not immediately visible during company formation checks.

In our case, PTCO was unaware of PTCP’s trading name when it registered its company. The similar names did not appear in the initial checks because the trading name was not listed in public registries. As a new entrant from overseas, our client had no knowledge of PTCP’s brand name, which was said to have been in use for two decades.

The Consequences of Passing Off

If a court finds that a company is passing off as another, the infringing company could potentially face severe consequences, including being forced to stop using the name, pay damages, and cover legal costs. These penalties can significantly disrupt a business’s operations and finances. PTCP sought to impose these exact outcomes on our client, demanding not only a change in name, but also substantial damages calculated from their potential sales, handing over of all marketing material, and to compensate PTCP’s legal fees.

Our Defence (Against Passing Off Claims and Unreasonable Demands)

Upon receiving the claims, our team at Lisa’s Law quickly assessed the situation. We found that the two companies did not have significant overlap. Our client primarily served international clients from Asia, offering specialised employment placement services in technology and finance sectors, which differed greatly from PTCP’s traditional, local UK placements. This distinction minimised any potential harm to PTCP and should reduce our client’s potentially exposure to liability.

Nevertheless, to avoid drawn-out legal battles, we advised our client to make reasonable changes to further differentiate their brand, including modifying the company name to “Prime Talent (UK) Career Ltd.” This step aimed to resolve any potential confusion without disrupting our client’s operations.

Despite these proactive adjustments, PTCP continued to demand that our client take further measures, including a complete abandonment of the new name, and again demanding the payment of damages and legal costs. We found these demands excessive, especially given the generic nature of the term “Prime,” the market differences, and our client’s proactive modifications.

Standing Firm Against Unreasonable Pressure

We stood firm against PTCP’s excessive demands, arguing that the names were not exclusive and that our client’s distinct business model posed no real threat of confusion or harm. Our strategy emphasized the absence of any substantial evidence showing public confusion and underscored the disproportionate nature of PTCP’s legal and financial claims.

Ultimately, our client was able to continue operating under its revised name without making further concessions or incurring any financial penalties. This outcome not only safeguarded our client’s business integrity but also demonstrated the importance of defending your rights against unjustified and excessive claims.

At Lisa’s Law, we are here to guide you through the complexities of brand protection and legal disputes. Whether you are expanding your business or defending your brand, our experienced team is dedicated to securing the best outcomes for you.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

Sumit Singh

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The Leasehold Flat Adventure: A Guide to Your New Property Relationship

So, you’ve decided to buy a leasehold flat. Congratulations! You’re about to embark on a grand adventure – one that combines the joys of home ownership with the thrill of navigating the leasehold labyrinth. Buckle up, because here’s a guide as to what you’re getting into.

The Leasehold Leap of Faith

Buying a leasehold flat is like being in a long-term relationship with a property. You get to enjoy it, and even decorate it with funky wallpaper. However, you don’t own the land beneath it. Think of it as renting from a really long-term landlord, but instead of monthly rent, you’ve just committed to a few decades of service charges and ground rent.

The Leasehold Lottery

First things first: read the lease. It’s not the most thrilling page-turner, but it’s vital. Imagine it as a rulebook to your new property relationship. Does it have a “no pets” clause? Better think twice before adopting that Golden Retriever. Does it restrict loud music? You might have to hold off on your late-night karaoke sessions. The lease is your guide on what you can and can’t do.

The Fees Fiesta

Let’s talk about service charges and ground rent. These are like surprise party favours – except they’re not very fun, and they keep coming year after year. Service charges cover expenses to maintain communal areas. You don’t just pay the budgeted expenses for the year. When the final accounts are audited, you’ll also pay the difference, if any, between the budgeted expenses and the actual expenses for the previous year. Ground rent, on the other hand, is the price you pay for the privilege of using the land.

The Safety Saga

Enter the Building Safety Act 2022, your new best friend. If your building’s a high-rise, this Act ensures your home is not just Instagram-worthy but also up to safety standards. It makes sure everything from fire escapes to cladding is up to code.

The Good News

On the bright side, buying a leasehold flat often means that you’re part of a community. You’ll have neighbours, a management company to call when things go wrong (if you can get hold of them), and maybe even a friendly concierge. Most importantly, you will also own a property, and for first time buyers, have a firm footing on the property ladder. For many, this is a vastly preferable arrangement to being subject to the whims of a private landlord.

Buying a leasehold flat is a unique experience – part exhilarating, part perplexing. Embrace the journey, laugh at the little absurdities, and enjoy your new flat. After all, it’s not just a property; it’s a place where memories are made – and hopefully, with not too many unexpected bills!

By Wai Ling Chin

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

Sumit Singh

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How to Apply for a UK Work Visa from India

If you are an Indian citizen looking to work in the United Kingdom, then you will need to apply for a UK work visa. The Skilled Worker Visa allows you to work in the UK with an approved employer, which replaced the Tier 2 (General) Work Visa at the end of 2020. This guide explains how to apply for a UK work visa from India.

The Skilled Worker Visa also allows you to bring your spouse, partner, and children with you to the UK. This visa can be granted for up to 5 years. After holding the Skilled Worker Visa for 5 years, you become eligible to apply for settlement, also known as Indefinite Leave to Remain (ILR), which grants you the right to live in the UK without any restrictions.

Keep reading to learn more about how to apply for a UK work visa as an Indian citizen.

Check Your Eligibility

Before applying for a Skilled Worker Visa, ensure you meet the following criteria:

You must have a confirmed job offer from a UK employer who holds a valid sponsorship license from the UK Home Office.
Have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
The job must be on the list of eligible occupations for the Skilled Worker Visa.
The job must meet the minimum salary threshold-how much depends on the type of work you do

What are the minimum salary requirements?

From April 4, 2024, the minimum salary requirement for a UK Skilled Worker Visa increased to the higher of £38,700 per year or the specific “going rate” for your job type, whichever is higher. The going rate is determined by the job’s Standard Occupational Classification (SOC) code which can be found in the Immigration Salary List (ISL).

Certain roles in healthcare and education have lower salary thresholds under the UK Skilled Worker Visa requirements. For these occupations, the minimum salary requirement is set at £23,200 per year or the going rate for the job, whichever is higher. Employers must ensure that these roles meet the minimum salary and comply with working hour regulations. Failure to adhere to these requirements can result in the refusal of the visa application.

How to find approved UK employers?

You must have a job offer from an approved UK employer before you apply for a Skilled Worker visa. Approved employers are also known as sponsors. You can view the list of approved UK employers on the government website. The UK Home Office provides a list of organisations licensed to sponsor workers on the Worker and Temporary Worker immigration routes. For the whole list of sponsors, please check the link https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers

What do you need to know about ‘ Certificate of Sponsorship’?

The CoS is not a physical document but a digital record with a unique reference number. This number is used to match your visa application to the job offer from your UK employer. You will need to provide this reference number for you Skilled Worker visa application.
The CoS must include key details about your employment, such as the job title, salary, and occupation code. It should also confirm that the job meets the visa eligibility criteria, including the minimum salary requirement and skill level.
A CoS is typically valid for three months from the date it is issued. You must apply for your visa within this period; otherwise, you will need a new CoS from your employer.

Knowledge of English

You must demonstrate your ability to speak, read, write, and understand English. This can be proven by one of the following ways:

1. Passing an Approved English Language Test: You can take a test approved by the Home Office, such as the International English Language Testing System (IELTS) for UKVI. You need to achieve at least a B1 level in reading, writing, speaking, and listening.

2. Holding a Recognized Qualification: If you have a degree taught in English, you might meet the language requirement. The degree should be recognized by UK NARIC (National Recognition Information Centre) as being equivalent to a UK bachelor’s degree or higher.

3. Being a National of a Majority English-Speaking Country: Indian citizens generally need to provide proof of English proficiency, but if you have a degree or educational qualification from an English-speaking institution, it might be considered.

Financial Requirement

Maintenance Funds: You must show that you have £1,270 in your bank account to prove you can support yourself. This amount needs to be in your account for at least 28 consecutive days before you apply.
Exemptions: If your employer is an approved sponsor, they might be able to cover your maintenance costs. In this case, you wouldn’t need to show the £1,270 yourself. Your Certificate of Sponsorship (CoS) should state if your sponsor is covering your maintenance.

Written by Beryl Gao

Interested in applying for a Skilled Worker Visa? Contact our immigration law team today!

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

Email us on info@lisaslaw.co.uk.

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Sumit Singh

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Group Litigation – Multiple Claims can be brought in a Single Claim Form

If a group of claimants intend to claim against the same defendant, it is more convenient and efficient for multiple claimants to commence legal actions together through a single claim instead of various individual claims. In an important case for group litigation, the court of appeal decision in Morris and others v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376 confirmed that as long as it is “convenient”, multiple claims can be brought in a single claim form.

The recent Court of First Instance decision of Adams v MOD reaffirmed that “convenience” remains the “acid test” for determining whether the multiple claimants can be joined under a single claim.

What should be considered when deciding the issue of “convenience”

That recent decision highlighted the following points while considering the issue of “convenience” :-

Convenience is not to be judged exclusively from the perspective of the parties, the convenience of the court and the court system shall be taken into account.

If convenience is in issue, the court may consider limiting the maximum number of claimants per claim form. Once the maximum number is reached, a further claim form can be issued.

Where judgment has been given on common issues in a group claim but individual elements such as quantum require resolution, the court has the power under CPR 7.3 to disaggregate claims, it is unlikely to be convenient for the parties or the court for each individual claim to effectively be re-issued.

The difficulties with CE-File system shall not be the factor for preventing the use of a single claim form. Where the parties ensure the smooth running of the whole cohort of claims by using template directions with variations appropriate to each claim, this will influence the court’s assessment of convenience.

If a trial of lead cases is unlikely to be largely dispositive of the group claims, this may be a relevant factor the court considers when determining the convenience of issuing multiple claims in a single claim form.

Our thoughts

In view of the decision Adams v MOD, it is very clear to the multiple claimants which factors they need to consider before bringing forward group litigation action under a single claim.

The decision clarifies that, when it is convenient, multiple claims can be brought in a single claim form. Follow us for more litigation updates.

Have questions? Get in touch today!

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

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Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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Sumit Singh

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Qualifying or non-qualifying lease? The answer will determine whether you are liable for building safety remediation costs

The Building Safety Act and much of its associated secondary legislation came into force in October 2023. Since then, it has become increasingly clear that the construction industry faces significant challenges in complying with the new legislation. For buildings of 18 metres high or with 7 storeys, the Building Safety Act 2022 (BSA 2022) provides that accountable persons which include landlords and management companies shall carry out building safety risk assessment immediately after they take their positions; however, in some circumstances, they may be able to pass on some or all costs to leaseholders. Whether a leaseholder has a qualifying lease or non-qualifying lease will determine if they are liable for building safety remedial costs.

As the remedial works can at times be very costly, it is vitally important for leaseholders to know whether they will be responsible for such costs. And, if they are responsible, how much, which costs, and to what extent, is further dependent on whether a lease is qualified or not.

What is classed as a qualifying lease?

A qualifying lease is a lease under BSA 2022 where it is a long lease of a single-dwelling, under which the leaseholder is required to pay a service charge and which was granted before 14 February 2022 and, as of at that date, was either the leaseholder’s home, or the leaseholder owned no more than 2 additional dwellings in the UK. The new law created legal protections for qualifying leaseholders from historical building safety costs. There is also a limit of the costs that the building owner could recoup from the leaseholder.

Who pays to remediate tall buildings affected by fire safety issues?

Cladding related remediation work

Government cladding funds

The government has a comprehensive plan for the removal of an unsafe cladding system on all buildings above 11 metres. Where the developer of a building above 11 metres cannot be identified or held responsible, funding will be made available through the Cladding Safety Scheme. The scheme is being delivered by Homes England and is open for applications for buildings between 11-18 metres in London and buildings over 11m in the rest of England, where a responsible developer cannot be identified, traced, or held responsible.

Leaseholder

Qualifying lease – no claim for costs can be made against the leaseholder;

Non qualifying lease – if no government cladding fund is available and no manufacturer is available, the leaseholder will have to bear the costs.

Non-Cladding related remediation work

Developer

Most major developers and housebuilders have agreed to fix “life-critical fire safety defects” and have entered into developer remediation contract with government. You can check link below for more information.

Developer remediation contract – GOV.UK (www.gov.uk)

Landlord

Landlords which are associated with the developer of the building, being part of the same group or owned directly or indirectly by the developer or vice versa, no claim for costs can be made against tenants.

In other circumstances, landlord will also not be able to claim remediation cost from qualifying leaseholder if it has a group net worth of over £2 million times the number of relevant buildings in the landlord’s group.

The landlord must provide Landlord certificate when they want to pass on part of the cost of remediation onto leaseholder, through the service charge or within 4 weeks of leaseholder requesting a landlord’s certificate.

Leaseholders

Qualifying lease

How much building owners can recoup from the leaseholder depends on the value of the relevant lease. If it is below £175,000 outside London, or £325,000 within London, no costs can be recouped from the leaseholder. If it is not less than £175,000 outside London or £325,000 in London, but does not exceed £1,000,000, any contribution by the leaseholder will be capped at £10,000 outside London or £15,000 in London.

However, if the property value exceeds £1,000,000 but does not exceed £2,000,000, any contribution by the leaseholder is capped at £50,000. If it exceeds £2,000,000, any contribution by the leaseholder will be capped at £50,000.

In the meantime, any remedial contribution by the leaseholder must be spread evenly over 10 years, hence a maximum of £10,000 a year.

Non-qualifying lease

The landlord can claim cost without limit from leaseholder in relation to any remediation works.

It should be noted that the Building Safety Act 2022 only applies to properties constructed from 28/06/1992 to 27/06/2022 or any subsequent work to remedy the historic defects originated from this period of time. For any building which is completed after 27/06/2022, it is expected that they should have met all the relevant safety requirements and hence be free from such risks.

Fingers crossed!

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

Sumit Singh

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IFS Report Highlights Home Office Budget Challenges Amid Rising Asylum Costs

On August 29th, 2024, the Institute for Fiscal Studies (IFS) released a report that brings to light significant financial challenges regarding the Home Office budget, particularly with respect to budget management for its asylum services.

As the number of asylum seekers entering the UK has risen sharply, the Home Office has encountered difficulties in keeping its expenditures within the allocated budget, leading to substantial overspends.

The IFS report reveals that the Home Office has been under increasing financial strain due to a surge in asylum applications. This influx has required the department to ramp up spending on essential services such as accommodation, healthcare, and other support for asylum seekers. However, the current budget, based on earlier projections, has not been sufficient to cover these heightened costs, resulting in significant overspends.

Impact of overspending on other government departmental budgets

The overspending by the Home Office raises important questions about government financial management. When a department such as the Home Office exceeds its budget, it can lead to emergency funding measure. This can sometimes mean requiring reallocations from other government sectors or increased borrowing. Such actions, while necessary to maintain service levels, may have broader implications for public finances, potentially impacting the allocation of resources across other critical areas such as healthcare, education, and infrastructure.

Forecasting asylum seeker numbers

One of the key issues highlighted by the IFS is the challenge of accurately forecasting the number of asylum seekers and the associated costs. Migration trends are influenced by complex and often unpredictable global events, making precise forecasting difficult. The IFS suggests that the Home Office may need to adopt more flexible and responsive budgeting methods to better manage these uncertainties. Improving forecasting accuracy could help in setting more realistic budgets and reducing the likelihood of future overspends.

The situation with the Home Office’s budgetary mismanagement highlights a need for broader considerations in government budgeting practices. The traditional approach, which often relies on historical data and assumes stability, may no longer be adequate in a rapidly changing world. The IFS report implies that there is a need for government departments to adopt more adaptive budgeting strategies that can better respond to unexpected demands. Such strategies could enhance financial stability and ensure that essential services are maintained without leading to significant budgetary deficits.

Conclusion

The IFS report offers valuable insights into the financial challenges faced by the Home Office and, by extension, the broader government budgeting process. While it is clear that reforms are needed to address these challenges, the specific measures that should be taken remain a subject for careful consideration. By improving forecasting methods and adopting more flexible budgeting approaches, the government could better manage unforeseen financial pressures and enhance the overall stability of public finances.

These observations serve as a reminder of the importance of robust financial management practices, particularly in times of uncertainty. As the UK continues to face global challenges, it is crucial that its financial systems are equipped to handle these pressures, ensuring the effective delivery of public services without compromising fiscal responsibility.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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Sumit Singh

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Understanding Proof of Funds Checks

When purchasing property in England and Wales, one of the crucial steps is the proof of funds check. This process is not only a standard practice but also a legal requirement aimed at preventing money laundering, ensuring that the funds used for property purchases are legitimate.

Namecard for article - Wilson in English

Reason for Proof of Funds Check and Relevant Legislation

The primary reason for a proof of funds check is to comply with the UK’s anti-money laundering (AML) regulations. The key legislation underpinning these checks is the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Under this legislation, conveyancers are legally obligated to verify that the money used to buy a property comes from a legitimate source. Failure to comply with these regulations can lead to severe penalties, including fines and even imprisonment.

The fund check process

The proof of funds check begins once an offer on a property is accepted. The buyer’s conveyancer/solicitor will request evidence of the source of the funds intended for the purchase. This can include personal savings, inheritance, or proceeds from a previous property sale. The conveyancer will examine the provided documentation from the buyer to ensure it matches the amount required for the purchase and that it aligns with the buyer’s financial profile. Additionally, the conveyancer may perform further checks to verify the authenticity of the documents. If the funds are coming from multiple sources, proof for each source is required. The process can take several days to weeks, depending on the complexity of the buyer’s financial situation.

Common Sources of Funds

Buyers typically use a variety of sources to finance their property purchases. Five common sources include:

Savings (for a certain period of time)
Proceeds from the sale of an existing property
Inheritance
Gift money from family
Investment returns

Required Documentation for Each Fund Source

For each of the sources mentioned above, the following documents are typically required:

Savings: Buyer’s bank statements for a certain period of duration, showing consistent savings or build-up of funds. There is no specified legal requirement how long the duration should be precisely. Different firms may have different requirements; however, it should normally be reasonably long enough to show how the funds have been built up. For fixed deposit, a certificate of the deposit is acceptable as well.

Proceeds from Property Sale:

A copy of the contract / transfer in related to the transaction
A copy of the completion statement/letter issued by the law firm acting for your sale, showing the net proceeds received.
The bank statement showing receipt of the net proceeds

Inheritance:

A copy of the grant of probate
The bank statement showing receipt of the inheritance money

Gift money:

A letter duly signed by the giftor stating that the gift money is non-refundable and not expected to be repaid, along with evidence showing the legitimate source of the giftor’s funds and the transfer
ID documents of the giftor
the buyer’s bank statement showing receipt of the gift money transfer

Investment Returns: Statements (for the past 6 months) from the investment account showing the amount of dividends or returns received.

Conclusion

Proof of funds checks are an essential part of the conveyancing process in the UK, ensuring that the money used in property transactions is legitimate and compliant with legal requirements. Buyers should be prepared to provide comprehensive documentation to verify their source of funds, which will not only expedite the process but also ensure a smooth transaction.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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Sumit Singh

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News and Insights

Abolition of section 21 evictions

Banning bidding wars

Better quality homes

Rental discrimination

Private rented sector database

Giving tenants the right to request a pet in their property

Private Rented Sector Landlord Ombudsman

Our final thoughts on the Renters’ Rights Bill

Have questions? Get in touch today!

Types of UK Family Visas

General Requirements

Financial Requirements

Applications after 11 April 2024

Applications before 11 April 2024

What counts as income?

Knowledge of English

Application Process

UK Application Visa Centres in India

How many Indian migrants come to the UK?

Common Reasons for Refusal

Have questions? Get in touch today!

Arbitration Bill

SLAPP Bill

Employment Rights Bill

Litigation Funding

Our thoughts

Have questions? Get in touch today!

Company Names and Trading Names: The Risk of Confusion

The Consequences of Passing Off

Our Defence (Against Passing Off Claims and Unreasonable Demands)

Standing Firm Against Unreasonable Pressure

Have questions? Get in touch today!

The Leasehold Leap of Faith

The Leasehold Lottery

The Fees Fiesta

The Safety Saga

The Good News

Have questions? Get in touch today!

Check Your Eligibility

What are the minimum salary requirements?

How to find approved UK employers?

What do you need to know about ‘ Certificate of Sponsorship’?

Knowledge of English

Financial Requirement

What should be considered when deciding the issue of “convenience”

Our thoughts

Have questions? Get in touch today!

What is classed as a qualifying lease?

Who pays to remediate tall buildings affected by fire safety issues?

Cladding related remediation work

Government cladding funds

Leaseholder

Non-Cladding related remediation work

Developer

Landlord

Leaseholders

Qualifying lease

Non-qualifying lease

Have questions? Get in touch today!

Impact of overspending on other government departmental budgets

Forecasting asylum seeker numbers

Conclusion

Have questions? Get in touch today!

Reason for Proof of Funds Check and Relevant Legislation

The fund check process

Common Sources of Funds

Required Documentation for Each Fund Source

Conclusion

Have questions? Get in touch today!

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