Security of Tenure

Under the Housing Act 1996, assured shorthold tenancies were made the standard tenancy for private sector housing rentals. From a tenant’s perspective, the only security an assured shorthold tenancy provides them with is that the landlord cannot secure eviction for the first six months. Any tenant under threat of eviction in the first six months of a tenancy should seek advice from a housing solicitor. After the six months, unless a new tenancy agreement is in place, the landlord can evict the tenant on the basis of a minimum two months’ notice. A housing possession solicitor understands the law as it applies to this area.

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In previous decades, tenants enjoyed much stronger security of tenure; however, this could prove troublesome for a landlord, especially if they wanted to sell their property, as sitting tenants often had the effect of reducing a property’s value. The revised law on security of tenure has, unfortunately, led to problems for tenants, many of whom experience a reduced sense of security and less opportunity to see their rights enforced. A housing solicitors firm such as Duncanlewis.co.uk will discuss with tenants where they stand in terms of security of tenure, should a dispute with a landlord arise. Some tenants may not be fully aware of their rights and even if they are, they may be unwilling to seek redress out of concern that a landlord may evict them. A professional housing solicitor such as Duncanlewis.co.uk will assure clients of their rights.

If a fixed-term tenancy has expired but a tenant remains in the property  no matter for how short a period of time  a periodic tenancy automatically comes into force. Under a periodic tenancy, neither tenant nor landlord is required to do anything and the tenancy can proceed for an indefinite period and under the same terms as the fixed-term agreement. Anyone concerned about their tenancy should consult housing lawyers. Where a dispute arises over repairs, a tenant should consult a disrepair solicitor. 

In terms of security of tenure, other conditions a tenant needs to look out for and that a housing solicitors firm can advise on include licenses and occupiers with basic protection status. The granting of a license does not result in the creation of an estate in land and the licensee merely obtains permission to occupy the property.  

Those staying in hotels, hostels or lodgings, where the landlord is in residence but where the tenant does not gain exclusive possession of any part of the property, are subject to license arrangements. Such arrangements also apply to those letting a room in someone’s house, holiday lettings, employees residing in a business premises, and some multiple occupation properties.

Occupiers with basic protection, also known as common law tenancies, come into force in situations where a tenant is sharing with the landlord and enjoys exclusive possession of part of the property – a self-contained flat, for example. Such tenants have less protection than tenants with assured shorthold tenancies. A housing solicitor will talk a client through the details of a common law tenancy. 

For security of tenure, and also for the reassurance of a landlord, a housing solicitor would advise clients not to go into a tenancy on a casual basis and to have all written agreements signed and witnessed.

Reviews against council decisions

If someone has a grievance against a local council in the UK over a decision made in the area of housing, they are entitled to challenge that decision. They may be a homeless person whose application has been turned down, or they may have had a request for housing benefit rejected. Alternatively, they may be living in council-provided accommodation or even more permanent council housing that they deem inadequate. 

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A housing solicitor will be able to advise clients on what action to take if appeals outside of the courts have been unsuccessful; however, before a case goes to court, there are other forms of redress that someone can seek. They can seek a review at the council level itself, or take an appeal to the Local Government Ombudsman. It may be useful to appeal to the ombudsman if a case has been subject to particularly long delays, or if an individual believes the council to have discriminated against them. The grounds for discrimination may be based on any one of a number of factors, including race, colour, ethnic or national origin, religious beliefs, gender, sexual orientation, age or disability.

If the ombudsman rules in someone’s favour, it can issue a recommendation that the individual or household be compensated. Housing lawyers will advise clients on what course of action to take.
If the review of a council decision does not go in a client’s favour, a solicitor such as Duncanlewis.co.uk may recommend that they appeal to the county court. It should be noted that an appeal must commence within 21 days of the date that the client has received the decision of the review.

Further up the legal ladder, it might also be possible to launch a judicial review; this will centre on the way the decision was arrived at, rather than the decision itself. A judicial review must begin in the High Court, so specialist legal advice  beyond a housing possession solicitor  is essential before any such process is undertaken.

It can be hard to determine whom to contact to initiate a complaint. In the case of council tenants, they can lodge a complaint with the housing department if, for example, the council has not carried out essential repairs or the repairs it has carried out are poor. If a council is not meeting its obligations in terms of a property’s state of repair, a disrepair solicitor can discuss with a client the appropriate course of action.

For homes owned on a long lease, including a home on a shared ownership scheme where the council is the freeholder, an individual has grounds to complain if the council is not meeting its terms under the lease. If the council has caused a hazard to health and safety in someone’s home, there are also grounds for complaint and a review if necessary. The environmental health department would be the appropriate contact in such an instance.

Housing solicitors such as Duncanlewis.co.uk have the necessary qualifications and experience to lead clients through the process of a review against a council decision. Housing solicitors will represent clients adequately and professionally in any dispute that might arise with a local council. 

Tier 5 Youth Mobility Scheme visas

Immigration solicitors are well aware of the complexities surrounding the several various categories of visa application.  In order to make the process run as smoothly as possible, we offer guidance and support that will help the applicant to successfully receive the visa they require.  The Youth Mobility Scheme Visa UK is one of the lesser known visas, but that should not deter a person from pursuing this type of visa if it is applicable to the circumstances of the person.

Participating countries

Seven countries and territories participate in the youth mobility scheme, each of which offers a specified number of placements to young people in order for them to come and experience life in the UK.  A person who wishes to take part in this scheme should contact our immigration law firm to check their legibility for participation in the scheme.

The countries and territories included in the scheme are Australia, Canada, Japan, Monaco, New Zealand, the Republic of Korea and Taiwan.  Each separate country or territory is allotted a specified number of places.  For 2013, this is stated as being from 35,000 (Australia) to 1,000 (Monaco, Japan, Korea, Taiwan).  New Zealand has 5,500 placements, and Canada 10,000.  A citizen or passport holder of any of the above countries will be able to participate in the scheme, provided there are places left.  The government of the relevant country will act as the sponsor of the young person.  All British overseas citizens and British overseas territories citizens, or British nationals (overseas) are also eligible for participation in the scheme, and for these classifications there is no placement limit.

A person who is accepted on the Tier 5 youth mobility scheme will be allowed to enter the UK and work and live in the UK for a set period of time.  Please note that qualification for this scheme does not give the person a right to extension, and the scheme is not seen as a route into long term employment. Immigration solicitors will be able to give a person the information they need if they have any concerns regarding the details of the youth mobility scheme, or any general immigration subjects. A person can also study in the UK when they have arrived under this scheme, but this should not be the main reason for entering the United Kingdom.

Applications

Applications are assessed under the UK Border Agency points system, and in order to complete a successful application the person must score at least 50 points and meet all of the requirements stated in the immigration rules.  The categories for the points available include 30 points for being of the correct nationality (as a passport holder or national of the participating countries), 10 points for age, and 10 points for maintenance (the funds available to the individual).  An immigration lawyer at Duncan Lewis can help a person to make a full and complete application to the UK Border Agency for participation in the Tier 5 youth mobility scheme, and for more information do not hesitate to ask for advice.
 

Rent Arrears Issues

If a private tenant falls behind with their rent, their landlord could evict them. A tenant may be experiencing genuine difficulties in paying rent. If this is the case, they can seek the advice of a housing solicitor. Tenants would be strongly advised, as a first step, to talk to their landlord about any difficulties they might be having financially and to see if it is possible to come to an arrangement. A landlord may not want to lose a tenant who has proven reliable and has looked after the property to date.

Approaching a landlord to discuss an arrears issue shows that the tenant is being genuine about wanting to resolve the issue. A tenant may just need time to pay the money owed, or they could be waiting for a housing benefit claim. Discussing the situation with the landlord and offering solutions can also help strengthen a tenant’s case if the landlord feels they have no choice but to go to court. Housing lawyers will discuss with clients all of their options.

In an alternative scenario, a tenant may feel as if they have no choice but to withhold rent because a landlord has not met his or her obligations to carry out the necessary repairs to a property. A disrepair solicitor such as Duncanlewis.co.uk will be able to advise a client on their rights in such a case.

A housing solicitor will strongly advise a client to read any correspondence they receive from a landlord, as it may contain information about what action the landlord intends on taking regarding rent arrears or other issues that may have arisen.

If a dispute over rent arrears cannot be resolved amicably, a landlord can seek a court order to have the tenant evicted. In such a situation, tenants are advised to have professional legal representation from a reputable housing solicitors firm such as Duncanlewis.co.uk.

The options available to a landlord in a dispute over rent arrears are to:

• Enter negotiations with a tenant over the money owed.
• Ask the courts to issue a money judgment forcing the tenant to pay the money owed.
• Ask the court to issue an eviction order.
• Ask the tenant to leave the property, if they are living with the landlord.

A landlord will find it is more straightforward to secure eviction of a tenant holding an assured shorthold tenancy. It is even simpler for a landlord to secure eviction of a tenant classified as an excluded occupier – the majority of lodgers would come under this category – or an occupier with basic protection. A student living in halls of residence would fall under the latter category. A housing possession solicitor fully understands the law as it applies to this area.

Tenants renting council properties may have introductory or demoted tenancies, meaning that their tenancy is running on a trial or probationary basis. If they fall into arrears with their rent, the council will find it can evict the tenant with little difficulty. For tenants renting from a housing association and who have signed a starter tenancy, similar rules will apply. A housing solicitors firm will be able to tell tenants their rights in respect of council or housing association tenancies.

Mental capacity/Court of Protection

Under the Mental Capacity Act 2005, there is a system in place to protect people in England and Wales who may not have the capacity to make certain decisions on their own behalf. The act contains a Code of Practice for individuals caring for and representing those lacking mental capacity. A mental health lawyer will advise clients on the provisions of the act.

For issues associated with people who lack mental capacity, there is the Court of Protection. Mental health solicitors such as Duncanlewis.co.uk will be able to advise clients on UK law as it relates to mental capacity and Court of Protection. The Court has the authority to name deputies who will make decisions on someone’s behalf in respect of their property and financial affairs or their health and personal welfare. The Court also has the authority to judge a person’s own capacity to make a decision, if the issue of whether they can do so cannot be determined on an informal basis.

Furthermore, the Court of Protection can issue judgments in cases where serious medical treatment is required. These judgments relate to whether treatment for a person who lacks capacity should be provided, withheld, or even withdrawn.  

The Court of Protection is also the court for decisions on Lasting Power of Attorney or Enduring Power of Attorney. Mental health lawyers will discuss with clients any concerns they might have in this respect.

Once a deputy has been authorised, they are supervised by what is known as the Public Guardian, which, in turn, is supported by the Office of the Public Guardian. The Public Guardian is responsible for maintaining registers of deputies, as well as registers of Lasting Powers of Attorney and Enduring Powers of Attorney. The Public Guardian will carry out any investigations into complaints regarding attorneys or deputies. Anyone with concerns about this aspect of mental health law can consult with mental health lawyers.

To assist people in determining when they should apply to the Court of Protection, the Mental Capacity Act has five statutory principles supporting the act’s legal requirements. These are:

• A person is assumed to have capacity until such time as it is determined that they lack capacity.
• A person must not be regarded as being unable to make a decision until such time as all practical steps have been taken to assist them in doing so without success.
• A person is not to be regarded as being unable to arrive at a decision simply because they make a decision that proves unwise.
• An act, or the using of the Act, or on behalf of a person who lacks capacity, must be done, or made, with their best interests in mind.
• Before the act or the decision, consideration must be given to whether the purpose of the act or decision can be achieved in an effective manner and in a way that is less restrictive of the rights and freedom of action of the person in question.

Mental health solicitors such as Duncanlewis.co.uk will guide clients through what can seem like a very difficult process. If anyone has any questions about the law as it relates to mental capacity, they should not hesitate to consult a mental health solicitor.

Judicial Review to Secure Temporary Accommodation

The economic downturn in the UK has led to an increase in the number of families housed in temporary accommodation as a result of homelessness. If a local authority deems a household to be homeless, it will have to provide that household with more permanent housing; however, it may be a number of years before this process is complete. In the interim, the council is obliged to provide appropriate accommodation that meets the needs of the household. A housing solicitor can advise a client on their rights in respect of secure and adequate temporary accommodation.

While they await permanent housing, many households are housed in guesthouses or bed and breakfast establishments by their councils. The theory is that a local authority can only house a family in such accommodation for a period of up to six weeks, and only as a final resort. In addition, the accommodation has to be suitable. The reality is, in many cases, that families  including many particularly vulnerable families  will be placed in unsuitable accommodation and will not be told of their right to seek a review from the council. Housing lawyers will inform clients of their rights.

As if finding themselves homeless as a result of eviction from rented property or repossession of the family home by a financial institution is not bad enough, families can find themselves living in inadequate accommodation for years at a time. As an example, temporary accommodation provided to a homeless household may be inadequate in terms of the space provided for a larger family. Alternatively, the accommodation may be in a state of disrepair. A disrepair solicitor will be in a position to advise those in inadequate temporary accommodation on how to seek redress from the council that housed them. Those whose homes have been repossessed should consult with a housing possession solicitor.

It may be possible to take an appeal against a council decision in respect of temporary accommodation to the county court, but a judicial review may, ultimately, be the only recourse. A housing solicitor such as Duncanlewis.co.uk will advise on the appropriate course of action.

A judicial review is a form of legal redress under UK law aimed at challenging decisions made by a public body and to require them to take a different course of action. The challenge is on the way the decisions have been arrived at, not on the actual decisions themselves. A judicial review has to commence in the High Court, which is why someone seeking such a review needs advice from specialist legal professionals. It is possible to seek a judicial review in respect of temporary accommodation deemed inadequate. Judicial review proceedings can also be taken over other accommodation failures. For example, if a council did not accept a homelessness application, the party in question would be within their rights to take a judicial review in an attempt to secure temporary accommodation in the first instance.

Homeless individuals or households in inadequate or insecure accommodation should consult with a housing solicitors firm, such as Duncanlewis.co.uk, for professional advice on seeking a judicial review in respect of their accommodation.

Defending a Closure Order

A closure order is brought before the court by the police and local authority upon a premise that the property concerned is the site of persistent anti-social behaviour or illegal activity and is seen to be the cause of a persistent, serious nuisance. Such an order will close a building for at least three months to everyone, including those that live there; breaching the closure is a criminal offence.

Possible grounds for a closure order

It is up to the court to determine what exactly constitutes ‘persistent serious nuisance’ or ‘significant and persistent disorder’ and many things may be considered, including, but not limited to, the following:

• Constant and excessive noise at all hours of night and day.
• Large numbers of people coming and going constantly.
• Violence and crime committed in or around the premises.
• Threatening behaviour towards local residents.
• Any instance of a firearm being discharged in or near the premises.
• Disorder associated with alcohol or drug abuse.

Defending a closure order

If a closure order is made on your property it is vital to contact a housing solicitor immediately. This type of order is intended to halt the distress caused to local residents by anti-social behaviour that is associated with a property, rather than an individual, for which an ASBO would be used. In order to defend a closure order you will have to prove that the anti-social behaviour is either not occurring or is not associated with the property. Government agencies use the period of the closure order to attempt to tackle the underlying causes of anti-social behaviour and working with them can help get the order lifted more quickly, in addition to helping you deal with any problems you may be having. A disrepair solicitor or housing possession solicitor may be able to help you deal with the issues that have resulted in a closure order being issued. Most housing solicitors have these kinds of specialists available to advise their clients.

Protection of vulnerable individuals

It is a criminal offence to access a property that is under a closure order, so do not be tempted to remain in your house if it has been closed. Children and vulnerable people are taken into consideration when a closure order is implemented; they will be moved to safe housing and a resettlement programme may be required, especially if a vulnerable person has their property closed due to other people taking advantage of them. Seek help form the council and homelessness agencies if you are worried about the effects of a closure order on your home; a housing solicitor will be able to help you and ensure that your legal rights are not contravened.  

If your home is being used for illegal or anti-social behaviour and you are worried that it may become subject to a closure order then speak to housing solicitors, the Citizens Advice Bureau or the police immediately; there may be things that can be done to help prevent you losing your home to a closure order

Tier 1 Exceptional Talent visas

For migrants from outside of Europe who are classed as world class exponents of the fields of science, humanities, engineering or the arts, who are intending to perform a period of work in the UK an Exceptional Talent Visa UK is required.  This type of visa is evaluated by the means of the UK Border Agency points system, and is specifically for overseas applicants that are not part of the EEA (European Economic Area), or a Swiss national.  It is recommended that before applying, and with the help of an immigration lawyer, the policy guidance notes for this type of visa are read through carefully in order to check the person is applying for the correct type of visa.

Border Agency guidelines

All applications for an exceptional are subject to the general grounds for refusal.  This means that, even if the person qualifies under their relevant category, any previous immigration issues (such as a past visa refusal or a deportation) could warrant a refusal from the UK Border Agency.  For a successful application under the UK Border Agency points system, 75 attribute points must be scored for entry clearance.  In order for a person to qualify for indefinite leave to remain under a Tier 1 exceptional talent visa, they must score 75 points on attributes, and a further 10 points must be scored for English language.  Points are also awarded depending on the assessment and judgement of a ‘designated competent body’.

A ‘designated competent body’ is an organisation that has world class authority in their respective fields.  There are four organisations that are registered with the UK Border Agency as each being a ‘designated competent body’.  The four companies are The British Academy, (for humanities and social science applications), the Arts Council England (arts and cultures), the Royal Society (natural and medical science research) and The Royal Academy of Engineering for engineering applications.    

The appropriate designated competent body will be asked by the UK Border Agency if they are willing to endorse the person and their application.  The criteria for deciding whether a person is classed as being exceptionally talented can be discussed with experts at our immigration law firm.  Getting one of these visas is not easy, and there is a limit of only one thousand permitted this year, so the help of immigration lawyers can strengthen the case for application.

Extension

For an extension application for the person to remain in the UK for a further period of time, it must be shown that the person has earned money through the result of self-employment or employment in the field for which they have been endorsed.  All documents that are required should be sent as originals and not copies, and proof of income, current financial status and identity will be required.  For an extension on a Tier 1, the applicant must also pass an English language test.  English is the most widely spoken language in the UK and knowing the language to a good working level is considered important for successful integration.  As immigration solicitors we know that this type of process may appear time-consuming and complex, and that is why we offer expert guidance and support for many cases concerning immigration law.

Tier 5 Temporary Worker visas

A person who will be taking part in a limited period of work in the UK will need to submit an application for a Tier 5 temporary work visa UK.  There are several categories of Tier 5 work visa and it is important that the applicant chooses the correct form to fill in.  For many of these categories it is essential that the worker has a solid job offer from their licensed sponsor in order to proceed with the visa application.  The type of application depends on the job that the person intends to do in the UK.

Athletes

For musicians, entertainers, professional athletes, actors and creative artists the correct approach is to apply under the creative and sporting Tier 5 worker visas.  The applicant must have a verified sponsor and a valid sponsorship certificate in order to proceed with the application.  For athletes and sportsmen and women, their sponsor must be endorsed by a recognised governing body of their relevant sport.  When a person applies for a creative and sporting visa they are awarded a number of points that will be based on the sponsorship details and the funds available to the visa applicant.

When a sportsperson or creative worker is accepted for a temporary worker visa they are free to live and work in the UK for a maximum of 12 months, or for the period stated in the certificate of sponsorship, plus 28 days.  For more detailed advice on the requirements of an athlete, many turn to our immigration law firm to help them through the process of applying to the UK Border Agency.

Charity workers

The charity worker sub-category of the Tier 5 temporary worker visa applies to people who are coming to the United Kingdom to do unpaid voluntary work.  In order to make the application, the person must have a sponsor and a sponsorship certificate and the work must be directly related to the company that is sponsoring the worker.  Immigration solicitors will help to guide the worker and organisation through a successful term of employment, and will oversee the application process to ensure all the boxes are ticked for a strong case.

Multiple entry certificates

For those who will have to leave the UK maybe several times during their allotted work visa period, a multiple entry certificate of sponsorship can be assigned to a person by their sponsor.  If the initial period of the temporary visa is six months or less then the person cannot return after leaving the UK.  An immigration lawyer would advise that the worker must reapply from abroad in order to re-enter the United Kingdom.  Other sub-categories for a Tier 5 temporary worker visa include religious workers such as pastors, preachers, and general religious workers of various religions.

The Government Authorised Exchange category is for people who will enter the UK as part of recognised schemes that intend to educate on British culture and knowledge and various other subjects.  A resident of the EEA (European Economic Area), or Swiss national, does not need to apply under the points based system.  For further enquiries, contact our immigration lawyers.

UK Passports

Applying for a UK passport for the first time is a painless process provided the individual supplies the correct documentation with their application.  Although the process and requirements vary depending on the status and nationality of the individual who is applying for the passport, British citizens can apply in a variety of ways.

Legal requirement for overseas travel

If a person is a British citizen, or overseas territories citizen, a British national (overseas), or a British subject or protected person, then they have the right to apply for a British passport.  To be authorised as having British citizenship for a person whose birth date was prior to 1st January 1983, the person must have had ‘right to abode’ in the UK.  A person with right to abode has no restrictions within the UK and is free to work and live in the United Kingdom.  A right to abode also gives the person the right to enter the UK legally without permission from an immigration officer.  People who were born in the UK before the above mentioned date qualify for right to abode, as do those who have been naturalised, or those who have registered UK and Colonies citizenship.  Our immigration law firm can provide assistance to anyone who may be unclear on their current state of eligibility for a UK passport.

Those born after 1st January 1983 are classed as a British citizen if their mother or father was a British citizen or classed as ‘settled’ when the applicant was born.  In the majority of cases a person is classed as a British citizen if the mother or father of the individual was born in the UK, or naturalised in the UK.  If a child is under 16 and the applicant is the British legally recognised parent then the child can receive a child passport.  It is possible to receive a fast track service if the applicant needs the child passport in a hurry.  To qualify for this, the person must pay a fee and submit the complete range of required documentation (original copies).  This will see the child’s passport processed and delivered in one week, and this service is also available for the renewal of passports.  Special rules for passport applications apply if the child is adopted, fostered or born through surrogacy.  As immigration solicitors we can provide help and advice on passports for British nationals and also if the person is not of British nationality.

Group passports

Group passports can also be applied for if the correct criteria are met, and to find out more contact our immigration lawyers.  These passports are not for families, and are intended for the use of groups of school children, guides, scouts, sixth form students and other different youth organisations.  In order to qualify for a group passport, everybody in the group must be a British national and under the age of 18 at the end of the trip.  There must also be a group leader with the group who is over the age of 21 and holds a valid 10 year passport.  An immigration lawyer will provide assistance with any queries relating to any of the above subjects.

Advice for tourists/visitors to the UK

It is not widely known that in some cases general visitors to the UK should apply for a visa.  This is not applicable to everybody who comes to the country as a visitor, but guidelines should be checked to ensure whether a person should or should not apply for a tourist visa UK.  There is a list of countries on the Home Office website that are classed as the homes of ‘visa nationals’.  In order to check whether a tourist visa is required, an individual must check the list, determine whether their status is that of a visa national, and contact an immigration law firm in the UK to help them progress their application.

Who needs what and why

Visa nationals are not the only classification of people that are required to apply for a visa to visit the UK.  If a person is classed as stateless (without nationality), or they hold a non-national travel document, then they are advised to pursue a tourist visa to enter the country.  Any person who holds a passport that is not recognised by the United Kingdom should also apply for a tourist visa.

Those who are not required to have a visa must bring the correct documentation to the UK border control, and if all requirements are not met then it is highly possible that the tourist will be denied entry to the UK.  An immigration lawyer will help a person to ensure that the correct procedures are adhered to.  Although it is not a legal requirement to have a general tourist visa, it is highly recommended that a person should get one, even if they do not have to.  The correct visa will save the visitor time at border control, as entry into the country can be processed more efficiently.

Visa criteria

There are cases where even though they do not need a visa, it is strongly recommended that people with certain backgrounds apply for one in order to help their case to enter the UK as a visitor.  These cases include anyone who has been refused entry into the United Kingdom, or anyone who has been deported or removed from the country in the past.  If a person has breached terms of a previous visit to the UK by working illegally, or staying in the country past the allotted date of the agreement, then their case is compromised, and a tourist visa should be applied for.  If in the past a person has been refused a visa, this will show on record when they turn up at border control and their documents have been registered.  Immigration solicitors recommend that, in this case, the person should apply again for a visa.  If on any previous visit the tourist was asked by a border official to produce a visa on their next visit, and the individual does not do this, it is highly likely that the person will be refused entry to the UK.

Immigration lawyers are in place to help a person with any queries they may have regarding tourist visas, and those with reservations should contact our experts for advice.

Further Leave to Remain for partners of British citizens

Further Leave to Remain for partners of British citizens

Further leave to remain UK is for those who are already in the country and wish to apply for an extension to live in the United Kingdom.  If the partner of the applicant is a British citizen, settled in the UK, or is in the UK under humanitarian protection or refugee leave, then form FLR (M) must be completed fully.  For the applicant, and also any children under the age of 18 who wish to apply for further leave, it is necessary that all reside within the UK at the time of application.  If the claim for extension has been denied it may be possible to extend the duration of the stay in UK using exceptional compassionate circumstances.  Discussing the options with an immigration solicitor will clarify the details of all processes associated with further leave to remain.

Presenting the case

To present the possible case for further leave, the correct documentation must be provided in its original format.  A few examples of the type of documents required as evidence include the valid passport or travel documents of the applicant and anyone else included in the claim.  The full birth certificate of each child is necessary, stating the names of the parents of each child that is under 18 years of age.  Photographic evidence will also need to be provided.  For form FLR (M) this includes two passport size photographs of the applicant with their full names written clearly on the back of the pictures.  One passport sized picture of the partner or fiancé of the applicant with their full name written on the back should also be provided with the application forms.  Any children that are included with the main applicant should also provide two passport sized pictures with their name stated clearly on the back.

Immigration lawyers can help a person to make sense of the complexities of the process, and anyone with any doubts or concerns about the process should contact Duncan Lewis and arrange a consultation to discuss the matter.  The requirements for qualification of further leave to remain include the necessity that the UK Border office is satisfied that the relationship between the applicant and their partner is a genuine and valid continuing partnership.  The character and conduct of the person making the application must also satisfy the criteria laid down by the Home Office website. Any money that is owed to the NHS will be taken into account as part of the character assessment, and full co-operation with the Border Office is advised, as the compliance of the applicant within the process will also be assessed.

Immigration law

The immigration status requirements state that the person must not be in the UK as a visitor, or have leave of six months or less, or be in the UK with temporary permission.  Our immigration law firm will help to fine tune the details of the application, helping the client to receive the decision they hope for. The person making the claim must also meet a set of financial requirements that can be discussed in further depth with an immigration lawyer.

Entry Clearance (EC)

Entry Clearance (EC)

UK entry clearance is carried out by entry clearance officers overseas in order to decide if a person is qualified under the immigration act to enter the UK.  In many cases entry clearance is a mandatory procedure, but for others the process is optional.  In every case the final decision rests with the immigration officer at the relevant port of entry.

A visa national is an individual who is classed as a stateless person, and who resides in one of the countries listed by the UK Home Office on their visa and transit visas national page.  A visa national must also hold a passport that was issued by an authority that is not recognised on the shores of the UK.  It is necessary for visa nationals to obtain an entry clearance before departing for the UK.  A circumstance where it is not necessary for visa nationals to pursue an entry clearance is if the person is returning as a resident.  Those who have already been given permission to stay in the UK and are returning after briefly leaving the UK within the dates stated for the permitted stay, are also not required to have entry clearance.  Any questions regarding the required paperwork and document evidence for a visa national can be directed to our immigration law firm in order to get expert advice.

Non-visa national

A British subject, British national (overseas), or a person that is from a country that is not listed by border control on the UK visas and entry clearance page, are classified as non-visa nationals. It is not necessary in the majority of cases for a non-visa national to request an entry clearance. Exceptions to this rule include if the person is coming to the UK for more than six months, or if a person is travelling to the UK under a different category or classification, for example, as a fiancé. Immigration solicitors will be able to help a person to discover which category they fall into.

Deportation

If a person has been deported from the UK at any time, a revocation request for the deportation order must be submitted and accepted before they are allowed to travel to the UK (non-visa national), or apply for an entry clearance (visa national).  Any application made by a person who has received a deportation order will be automatically denied an entry clearance, and entry that is in breach of order is a criminal offence.  This also applies to individuals who are within the EEA.  If a request for the revocation of a deportation order is successful, the UK Border agency will submit notice that, although the revocation has been accepted, the person still does not automatically have the right to enter the UK.

Our expert immigration lawyers at Duncan Lewis can help an individual to present sufficient evidence supporting a claim for the revoking of a deportation order.  To find out more information, an immigration lawyer should be consulted as this will ensure that the person files the form and document evidence correctly and stands every chance of receiving the right to apply for entry clearance.

EEA Registration Certificates

EEA Registration Certificates

The EEA (or European Economic Area) comprises 27 countries, most of which are a part of the EU. Swiss nationals and immigrants in the UK wishing to legally work and earn are advised to complete an EEA form in order to authorise their work status.  The EEA registration certificate confirms the right of an EEA national to live and work inside the UK.  Not all workers are required to complete the form. If, for example, a person has been working in the UK and has acquired permission through the UK Border Agency points system, then they are not required to complete the form.  In order to execute immigration applications and future paperwork efficiently however, it is advisable for workers and seekers of temporary or permanent residency to apply for EEA certification.  Workers from countries within the EEA umbrella are not legally obliged to fill in an EEA form, but anyone with doubts as to their eligibility for work should contact an immigration lawyer from our team.

Get the right form

There are a variety of EEA forms that relate to the confirmation of the circumstances of an individual and their family.  To be sure that the person is following the correct path, our team of immigration lawyers will help at every turn.  For general purposes, EEA1 must be completed, and for those who are seeking permanent residence in the UK, form EEA 3 is needed for EEA nationals and their EEA national families.  There is no fee required for an application on an EEA form.  Anybody who is unsure of the correct steps to take should contact our immigration solicitors to clarify the procedure and receive the benefit of our experience.

There are some forms of documentation that are required in order to complete an EEA application, and the applicant should supply passports or ID cards for every member of the family that is to be on the application.  Photograph evidence is also needed, and two passport size photographs of every single person on the application should be supplied with the completed forms.  Evidence of employment must be included, this could be in the form of a work contract, and if the person is a student then they should supply evidence of their study path and university.  If the worker is currently unemployed, then evidence of registration with the unemployment office is required.  This can be done from the jobcentre or from a recruitment agency.  It is also advised that evidence that the person concerned is seeking work should be provided with the documentation.

Registration

Filing an immigration registration certificate can appear to be a daunting process, but our immigration law firm experts regularly make the procedure as painless and efficient as possible for our clients. Those who are exempt from the need to complete and submit an EEA registration certificate include workers who have leave to enter the UK under the 1971 Immigration Act without any restrictions. Workers who have been living in the UK and have also been partaking in permitted work for 12 months or more are also exempt from EEA certification requirements.

UKBA Update: Premium Booking Service Appointment Process

According to an article published on UKBA's official website From 18 August 2013, people looking to book a premium appointment at a Public Enquiry Office (PEO) will have to pay full application cost and booking fee via a new online system.

This will help to reduce the number of people abusing PRO system. At the same time, it will also help to access PEO appointments easily.

The online payment system will collect entire fee upfront. It will include application fee, the premium fee of £375 and non-refundable appointment fee of £100.

For more details, please read the article:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/august/13-premium-booking   

This update is brought to you by Duncan Lewis immigration solicitors.

Immigration Cases backlog Hits All Time High in UK

According to a report launched by MP Keith Vaz, the backlog of unsolved 5,00,000 immigration cases will take another 37 years to be resolved. The statement was made after considering the current rates of UKBA to solve a case.

Referring to UKBA's work last year, the committee discovered an additional 190,000 cases in a "temporary and permanent migration pool".

Vaz said: "The backlog of cases has now hit a staggering half a million people. This could fill Wembley stadium to capacity six times over. It has risen by 56% in just three months. At the current rate it will take 37 years to clear and the Home Office cannot confirm that this is the last of the backlogs."

If you require UK visa and want to get it clear at its earliest, you must contact expert immigration solicitors in London to file your case.

Source: http://www.theguardian.com/uk-news/2013/jul/13/immigration-backlog-37-years-clear

Bringing a Claim for Unlawful Eviction

Landlords are not permitted to evict a tenant without following the correct procedure, which involves issuing a section 8 or section 21 notice stating that they are seeking a possession order to have their property return to them. The section 8 notice is served during the first six months of a tenancy agreement and must have grounds associated with it; usually the non-payment of rent, although the tenant breaking any part of the tenancy agreement can also be used. A section 21 notice is relevant for seeking possession after the first six months of tenancy and requires no grounds; it can be served at any point, as long as the date that the land lord requires possession of the property by is not within the first six months of the original agreement. If you think you are being evicted illegally contact a housing lawyer immediately for advice and help.

Lawful eviction

If the landlord has followed the correct procedure and served notices at the right time they still have to obtain a possession order from the court to enable them to reclaim their property. A section 8 claim will require a court appearance and if they wish, the tenant may attend to give reasons why they should not be asked to vacate the property. There are some grounds that make a possession order mandatory, such as the tenant being more than two months in arrears with the rent; however, a court may give you extra time to catch up before an eviction if they feel you intend to make good the outstanding debt. Consult a housing solicitor for more information.

Grounds for an illegal eviction claim

If your landlord has not served a section 8 or section 21 notice; but still evicts you, it is likely to be illegal. Changing the locks whilst you are away or physically removing you and your possessions from the property are both illegal and a housing possession solicitor will be able to help you request an injunction to get your home back and prevent the landlord from repeating the unlawful eviction. Harassment is also a criminal offence and if the landlord is making you feel that you have no choice but to move out or is refusing to carry out repairs to the property, you have good grounds for a harassment claim. In such cases, consult a disrepair solicitor or housing solicitors to help you navigate the court procedures and deal with the legal paperwork. Obtaining an injunction to prevent your landlord evicting you illegally means that any further attempt to do so will be in contempt of court and he or she will face a fine and perhaps even a custodial sentence. You may also be able to claim any costs you have incurred and compensation for distress caused.

The laws relating to illegal eviction are there to protect tenants, so if you feel under pressure to move out or are physically removed from the property, contact the police and a housing lawyer right away; illegal eviction is a criminal offence and the courts are able to move very swiftly to get you back into your home.

Bringing a Claim for Disrepair

Every landlord is obliged to maintain his or her rented property in good order, whether this is stated in your rental agreement or not. If your landlord fails to make necessary repairs to the property that you are living in then you are able to make a claim against them for any discomfort, inconvenience or illness that may arise from the defect. It is a good idea to seek advice from a housing solicitor before making a claim as there are procedures that need to be followed and it would be a waste of time if your claim were to be rejected due to a technicality.

Procedure for the tenant to follow

Before making a claim against your landlord for disrepair damages, make sure that you have a valid claim. It is the responsibility of the tenant to make the landlord aware of the need for repairs to be done and then give sufficient time for them to carry them out. There is no set format for notifying your landlord, telling them verbally is fine, but putting details of the problem in writing and keeping a dated copy may be useful if you need to bring a claim. The tenant must also allow access to the property for the landlord to inspect the problem and for contactors to fix it; there is no claim if you refuse to allow access. It is always a good plan to check with housing lawyers before bringing a claim.

Valid grounds for a claim for disrepair

The landlord is legally obliged to repair any damage or disrepair to a property as long as the tenant is complying with the terms of the tenancy agreement; check with a disrepair solicitor for details on what is and is not covered under section 11 of the Landlord and Tenant Act 1985, which deals with disrepair. The landlord is not required to improve the standard of a property above reasonable living conditions, nor is he or she liable to fix any damage done by the tenant, either by accident or on purpose. If a tenant decides to make renovations without prior consent and this damages the property it is the tenant that must make the repairs. A tenant cannot withhold rent in protest for repairs not being done, although they can come to an arrangement with the landlord to have the repair done themselves. If you decide to do this then be sure to get written quotes and written agreement from your landlord, stating what you will be repairing and how much you have both agreed it will cost. 

If the disrepair is related to your landlord trying to evict you; for example, if he or she is refusing to make repairs because they want you to move out, then seek advice from a housing possession solicitor, as you may have a case against your landlord for harassment, which is a criminal offence. Housing solicitors will be able to help you navigate the procedures and paperwork and ensure that you have a valid claim that will stand up in court.  

An Immigration Law Firm Can Help in Obtaining Business Visitor Visas

The business visitor visa UK is for those who intend to be here for a fairly short period of time.  Only those who are resident outside the EEA or Switzerland will need to make an application for this visa. Immigration solicitors will be able to guide the applicant through the process of making an application for this type of visa, but there are some basic regulations that will need to be followed.

The applicant must be at least 18 years of age and must not be planning on staying in the UK for more than six months, though the stay can be longer for an academic visitor. The applicant should have no plans to remain in the UK for a period of time longer than this. It is also important to demonstrate that the applicant is able to support him or herself during their stay and will not be requiring any assistance from the state. The applicant should be based in a foreign country and must retain this home address during their stay in the UK.

The applicant’s salary should be paid from the overseas company although it is acceptable to be paid reasonable expenses from the UK. A business visitor visa cannot be used for a worker who intends to take the place of a UK worker, even if it is for a short period of time.

Immigration lawyers will explain the restrictions that are in place for those who are granted a visa, but this will include not being able to take on any other kind of employment or sell any goods to the public. Studying while in the UK is also not permitted and it is also not possible to get married in the UK while on a business visitor visa. The applicant will also not be able to seek private medical treatment.

The immigration law firm consulted will be able to offer advice on the correct documentation that is needed to support the application and demonstrate that all the requirements are met.

So what can a business visitor do while they are in the UK? The list of business activities that qualify is long and an immigration lawyer will be able to define if the applicant’s work will qualify. It may include being part of a film crew working on location, working for overseas news media, working as an academic visitor, a religious worker or an advisor or consultant on a specific project. It can also include visiting to undergo training that is provided at the UK branch of the company employing the applicant or undertaking a secondment.

This type of visa can also be used by those who are attending meetings or conferences, arranging a contract or negotiating an agreement, carrying out research or conducting a site visit. The visitor could be a representative of a machinery manufacturer who is intending to install equipment or be employed to interpret for another worker. The details of the employment and the reason for visiting the UK will need to be given on the application.                    

Resolve Housing Benefits Issues with A Professional Housing Solicitors Firm

For many tenants in the UK, housing benefits are an issue of great concern. A tenant may be entitled to housing benefit if they are on a low income or in receipt of other benefits. Housing benefit can cover all or a percentage of the rent paid by a tenant. Housing benefit is available whether a tenant is working or unemployed, as it is based on income. A tenant may also be entitled to assistance to pay rent if their benefits are stopped. If a tenant has any concerns about their benefits, they can contact a housing solicitor such as Duncanlewis.co.uk for advice.

In most cases, someone will not get housing benefit if they have savings in excess of £16,000. Those residing in the home of a close relative are not entitled to housing benefit either. Other ineligible parties include asylum seekers in the UK and those who have been sponsored to be in the country. A benefits adviser or the local council will advise someone on whether they qualify for housing benefit, as will a housing solicitor. If a tenant is in receipt of housing benefit and their circumstances change – perhaps because they start working – they should inform their local council, as the change will impact on how much housing benefit they get.

Tenants in receipt of other benefits should get in contact with Jobcentre Plus, which will forward on details of a housing benefit claim to the local council. Those not receiving other benefits can obtain form HCTB1 from their local council or download it from the internet. It might be possible to backdate a claim – a local authority will be able to tell a tenant this. Housing lawyers are another source of advice. A disrepair solicitor will advise clients on any issues relating to the state of a property paid for using housing benefit.

If a tenant is in disagreement with their local authority over a housing benefit decision, they can ask for more information on how the decision was made or ask for a review. They can appeal the decision, which is a process that may be passed to an independent tribunal. Some people may feel better served by independent advice, and this is where a housing solicitors firm such as Duncanlewis.co.uk can prove useful. It is also possible for a tenant to submit a claim in advance for a period of up to 13 weeks. This time period increases to 17 weeks for those aged 60 and above. A claim in advance can prove useful for those who are moving properties, although typically they will not get any monies before they move.

The amount of housing benefit granted is not predetermined. It will depend on income, as previously outlined, and whether a tenant is renting privately or from a council. From April 2013, tenants residing in council accommodation or other social housing who are determined to have at least one extra bedroom in the property could have their housing benefit reduced by 14% for one extra bedroom or 25% for two or more extra bedrooms. A housing possession solicitor will assist clients with any concerns they may have.

Those tenants in dispute over housing benefit, or those tenants who are unsure of their rights, can use a professional housing solicitors firm for independent advice.