Complete Guide to Entering the UK with an eVisa
If you are planning to travel to the UK, this is the latest step-by-step eVisa entry guide to ensure a smooth journey.
Step 1: Register a UKVI Account
Start by registering for a UK Visas and Immigration (UKVI) account on the official UK government website. This account is essential, as it allows you to view and share your eVisa details.
Tips:
- Provide basic personal details such as your name, nationality, and passport number.
- Use the same email address and phone number you used for your visa application. This ensures you can easily receive verification codes and important updates.
Step 2: Apply for an eVisa
Once you have registered your UKVI account, you can proceed with the eVisa application:
- Log into your UKVI account and select “Start application” on the website.
- Use the UK Immigration: ID Check app to verify your identity:
- Upload your BRP card (if you have one) and a self-portrait photograph of you.
- If you don’t have a BRP card, you can use your passport instead, provided it was used to register your UKVI account.
- After completing the identity verification section, return to the UKVI account to fill out contact details and answer security questions.
- Submit your application and wait for a confirmation email from UKVI, which will include a link to your eVisa.
Step 3: Prepare Entry Documents
Before traveling, make sure your eVisa is successfully linked to your passport information. This ensures border officers can quickly verify your visa.
In addition to your eVisa, prepare the following:
- Passport
- Flight tickets
- CAS (Confirmation of Acceptance for Studies) if you're a student.
Note: While eVisa is widely accepted, some airlines and border control officers may not yet fully support electronic visas. It is advisable to carry your BRP card as a backup if you have one.
Step 4: Entering the UK
At UK border control, present your passport and eVisa to the officers. In most cases, they will automatically verify your eVisa electronically. However, they may also request additional documents, such as:
- A letter from your school (if applicable)
- Your flight itinerary
Pro Tip:
- Double-check your eVisa details before departure, including your name, visa type, and validity period.
- For first-time travellers to the UK, having your visa vignette (sticker) and approval letter at hand is crucial. Familiarise yourself with UK customs and entry requirements to avoid delays.
Additional Tips:
- Regularly review your eVisa status and updates on your UKVI account.
- Print a copy of your eVisa confirmation email as a precaution, especially if traveling with an airline or through a border where eVisa support is limited.
By following this guide, you will be well-prepared for a seamless entry into the UK. Safe travels!
The 20-Week Cooling-Off Period: Balancing Reflection with Practicality
In April 2022, England and Wales reformed divorce law with the Divorce, Dissolution and Separation Act 2020, introducing a no-fault divorce system that allows couples to separate without assigning blame. A key feature is the mandatory 20-week cooling-off period, which begins when a divorce application is filed and must pass before a conditional order can be sought. This article outlines the UK’s no-fault divorce process and explores the debate around the cooling-off period, assessing whether it balances thoughtful decision-making with the need to avoid unnecessary delays.
The Divorce Process in England and Wales
Under the no-fault system, a spouse—or both spouses jointly—can apply for a divorce by stating that the marriage has irretrievably broken down. Unlike the old system, there is no longer a need to prove one partner's wrongdoing.
- Filing the Divorce Application and Acknowledgment of Service: The divorce process begins when one spouse (the applicant) submits a divorce application to the family court, or both spouses file jointly. Once the court receives the application, it sends an acknowledgment of service form to the respondent. The respondent has 14 days to complete and return the form, confirming receipt and awareness of the proceedings.
- The 20-Week Reflection Period: A mandatory 20-week period begins after the court issues the acknowledgment of service.
- Applying for the Conditional Order: Following the 20-week reflection period, the applicant(s) may request a conditional order, previously known as the decree nisi. The court will review the application to confirm that all procedural requirements have been fulfilled. If approved, a certificate of entitlement is issued, and a date is set for the conditional order to be formally pronounced.
- Applying for the Final Order: Six weeks after the conditional order is pronounced, the applicant(s) can apply for the final order, formerly known as the decree absolute. This final step legally dissolves marriage, granting both parties the freedom to remarry if they wish.
- Financial and Child Arrangements: Financial matters, such as the division of property, spousal maintenance, and pensions, may be resolved during the divorce but require a separate application for a financial order to make them legally binding. Similarly, if children are involved, custody, visitation, and support arrangements should be agreed upon and formalised through a child arrangements order.
Understanding the 20-Week Cooling-Off Period
The 20-week reflection period serves as a statutory interval designed to provide couples with time to reflect on their decision to divorce. The government asserts that this period encourages thoughtful decision-making and ensures that divorce is not pursued impulsively.
Critiques of the Cooling-Off Period
Despite its intended purpose, the mandatory 20-week period has faced criticism. Critics argue that it unnecessarily prolongs the divorce process, particularly for couples who have already engaged in considerable reflection before initiating divorce proceedings. By extending the overall timeframe for divorce, the 20-week period has led some to question its necessity.
This waiting period can also place additional emotional and financial strain on individuals seeking to move forward with their lives. In cases involving domestic abuse or high-conflict situations, it may exacerbate challenges or prolonged exposure to harmful circumstances
Support for the Cooling-Off Period
Supporters of the cooling-off period emphasize its role in promoting deliberate decision-making. Divorce is a life-altering event with significant implications for all involved, including children. The reflection period allows couples to consider the full impact of their decision, explore reconciliation, and make informed arrangements regarding finances and child custody. This time can be particularly beneficial in reducing impulsive divorces and encouraging amicable resolutions.
Balancing Reflection with Practicality
The 20-week cooling-off period in no-fault divorces aims to encourage thoughtful decision-making but has raised questions about its practicality. Balancing the seriousness of divorce with the realities faced by couples remains essential. In our view, a more flexible approach, such as exemptions or shorter timelines in agreed or urgent cases, could better accommodate diverse situations. As divorce laws continue to evolve, finding this balance will be crucial to ensuring the system works effectively for all.
At Chan Neill Solicitors LLP, we specialise in family law and understand the unique challenges of the 20-week cooling-off period. Our experienced solicitors provide tailored advice to protect your interests and guide you through the divorce process. Contact us today to see how we can assist you.
A Basic Guide to Conveyancing for First-Time Buyers
Conveyancing is the legal process that transfers property ownership from the seller to the buyer. For first-time buyers, the steps may seem complicated, but a clear understanding can make it more manageable.
- Initial Instructions and ID Verification
Once you select a conveyancer, you’ll receive a letter detailing terms, fees, and the conveyancing process. Providing identification is essential to comply with anti-money laundering laws. Your conveyancer will then initiate basic inquiries and start liaising with the seller’s solicitor.
- Property Searches
Your conveyancer will perform several searches to identify issues that might affect the property’s value or suitability, including:
- Local Authority Search: Checks for planning, road schemes, or regulations affecting the property.
- Water and Drainage Search: Confirms water and drainage arrangements.
- Environmental Search: Highlights potential risks like flooding or contamination. Additional searches may be required depending on the property’s location and specifics.
- Enquiries and Document Review
Following the searches, your conveyancer will raise queries with the seller’s solicitor to clarify details like:
- Boundaries: Confirms the property boundaries.
- Building Regulations and Planning: Ensures recent modifications and planning permission applications are compliant.
- Rights of Way or Covenants: Identifies legal obligations like access rights.
- Title Review: Your conveyancer will conduct a thorough analysis of the property’s title to ensure there are no issues with ownership or claims that could affect your legal rights. This includes verifying the seller’s legal right to sell the property and confirming that the title is “clean” – free of restrictions or conditions that could complicate your ownership.
For leasehold properties, the conveyancer will also check:
- Ground Rent and Service Charges: Clarify annual fees and maintenance charges.
- Lease Length: Short leases (under 80 years) can affect mortgage eligibility and resale value.
- Restrictions: These might affect renting out, making modifications, or even keeping pets.
- Maintenance and Repair Obligations: In leasehold agreements, both leaseholders and the freeholder may have specific maintenance duties. Your conveyancer will outline who is responsible for maintaining areas like the building’s exterior, communal spaces, or structural repairs, as these could affect your costs and responsibilities.
- Insurance Requirements: Typically, the freeholder arranges building insurance for the entire property, which leaseholders contribute to through service charges. However, it’s essential to confirm this coverage and understand if you’ll need separate contents insurance to protect personal belongings.
- Major Works and Future Costs: Freeholders may occasionally schedule major renovations or repairs, such as roof replacements or structural updates, which require leaseholders to contribute significant fees. The conveyancer will inquire about any anticipated projects or costs, as these can impact your finances.
- Dispute Resolution Procedures: Leasehold properties may have established processes for addressing disputes with the freeholder or other leaseholders. Understanding these procedures helps ensure you’re prepared to handle issues around service charges, maintenance, or noise complaints if they arise.
- Reviewing and Approving the Contract
The seller’s solicitor will draft the contract, which your conveyancer will review to ensure it meets legal standards and aligns with the agreed terms. This includes sale price, any additional costs, and the completion date. Your conveyancer may raise further inquiries if necessary.
- Mortgage Offer Review
If you need a mortgage, your lender will arrange a property valuation to confirm its worth. Once approved, you’ll receive a mortgage offer, which your conveyancer will review to ensure no conditions affect the purchase. They’ll also explain the terms to ensure you understand the financial obligations.
Based on the searches and enquiries, your conveyancer will draft a property report summarising findings and flagging any issues. This report clarifies essential details, such as boundaries, access rights, and lease terms, helping you understand the transaction before proceeding.
- Exchanging Contracts
Once all searches, inquiries, and financial matters are settled, contracts are exchanged. You’ll pay a deposit (usually 10% of the purchase price), and the sale becomes legally binding with an agreed completion date. At this point, neither party can withdraw without penalty.
- Completion
On the day of completion, you’ll pay the remaining balance, and your conveyancer will transfer funds to finalise ownership. You’ll receive confirmation from your conveyancer that you have completed and will be able to collect the keys from the agent.
After completion, your conveyancer handles final details like paying Stamp Duty (if applicable) and registering you as the official owner with the Land Registry and serving notice of your change of ownership to the Landlord (if the property is Leasehold). Your conveyancer will apply to register the property in your name with HM Land Registry, officially marking your ownership.
Once completed, you’ll receive the registered title, officially marking you as the property owner.
For professional advice on conveyancing or any other property-related legal matters, please contact Chan Neill Solicitors LLP. Our experienced team is dedicated to providing first-time buyers with expert guidance through every step of the property purchase process. We pride ourselves on delivering tailored solutions and ensuring a seamless, stress-free experience. Whether you’re navigating complex lease terms, understanding property searches, or reviewing mortgage conditions, our professionals are here to support you with comprehensive, personalised assistance.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
No Time Limit (NTL) - purpose, procedure and its future
No Time Limit (commonly known as NTL) is an administrative process that gained wider awareness in light of the rollout of the new digital immigration status (eVisa). For many years this application has served as a remedy to those who have had their indefinite leave to enter or remain status (also known as “settlement”) lost, stolen or expired. With the introduction of an eVisa, those who are unable to convert their “settled” status to the digital format due to lack of a valid Biometric Residence Permit (commonly known as a BRP) card, should lodge an NTL application to get the ILR converted to the digital format.
Historically, those who have their “settled” status endorsed in an old passport or hold the status in the form of a legacy document, could convert it to a BRP to evidence the right to work or rent in the UK or to facilitate travel. As a procedure went, the Home Office required the applicant to provide evidence of UK residency since being granted the status and to confirm that the applicant has not left the UK for more than 2 consecutive years at any point in time. This became an issue for those, who were granted the ILR status decades ago or who cannot evidence the residency (e.g. due to unemployment).
On the 11th of October 2024, the Home Office held a webinar session on the NTL applications, during which they confirmed that if the applicant can provide evidence of holding indefinite leave and has not lost it by being absent from the UK for 2 consecutive years, no evidence of UK residency should be requested. The application form will be simplified to streamline the process. The current processing time is around 3 months.
The question was posed as to what approach the Home Office will take when receiving applications where there was more than a 2-year absence during the COVID pandemic but there was no break in UK residency since. Such applications, as confirmed by the Home Office, will be decided on a case-by-case basis. As a reminder, since 6 July 2018, those who have been absent from the UK for 2 consecutive years and whose ordinary residence isn’t in the UK, must apply for entry clearance as a returning resident.
The Home Office also confirmed that there is no immediate need to apply for NTL but there will be benefits in doing so. In light of the hostile environment, it is yet to be seen whether ILR status holders (otherwise than in digital format) will experience any issues as of the 1st of January 2025, especially when travelling abroad, however, it seems that the whole purpose of digitalising the immigration status is to stop accepting paper documents sooner rather than later. Having said that, the Home Office has confirmed that Right of Abode (ROA) holders, who usually have their passport endorsed with an ROA vignette, will not be able to convert the status to the digital format at any time soon.
With BRP cards going out of circulation at the end of October 2024, NTL applicants will be able to create an eVisa account as a part of the NTL application process. Those who lost BRP recently but still have a record of its number, can create an eVisa account using the BRP number without going through the NTL process.
Our immigration team is well-versed in the NTL process. Do not hesitate to reach out for assistance.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
How to challenge refusals by reconsideration
Under the UK Immigration Law, the right to challenge the Home Office’s decision to refuse a visa application, in most cases, takes the form of an Administrative Review or an Appeal. However, in certain circumstances, for example, in a nationality, “transfer of conditions” or “No Time Limit” applications, such right is not granted. Such refusals are best to be challenged in the form of a reconsideration request.
The Home Office is not legally required to reconsider its decision but may do so in certain circumstances. The reconsideration request is reviewed by a senior caseworker of the same grade as the one who made the original decision, but not by the same person.
When preparing the reconsideration request, attention should be given to the facts of the case, which may have been overlooked by the original caseworker, and the documents that were submitted with the original application. The new evidence or information will not be accepted at the reconsideration stage. To aid the arguments at the reconsideration, it is advisable to request a full copy of the applicant’s UK Immigration file, which, in most cases, would shed light on the decision-making process and reasons for the refusal.
The reconsideration request is sent by post and attracts the Home Office fee. The processing time can be lengthy, with nationality cases taking approximately one year to conclude.
If the reconsideration request is not successful and the original decision to refuse the application is upheld, the next remedy is the pre-action protocol (PAP) letter followed by, if necessary, the Judicial Review (JR) application.
Our immigration team is not new to the reconsideration request procedure. We have successfully represented clients in nationality cases and helped to amend the period of limited leave to remain granted in error. Do not hesitate to reach out for assistance.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
The 20% VAT on Private School Fees: Legal and Financial Implications for Families
The UK government is considering introducing a 20% VAT on private school fees next year, which has sparked significant debate. While the policy aims to raise revenue and address disparities between private and state education, it also raises important legal and financial concerns.
This article will explore potential financial strategies for families with non-domiciled (non-dom) status in response to the proposed VAT, such as utilising overseas trusts or relying on third-party payments to mitigate the impact. It will also address the plan's legal challenges, including concerns related to human rights and discrimination claims and the additional financial burden it could impose on families with special needs.
Financial Strategies to Mitigate VAT
- Utilising Overseas Trusts:
- Non-dom families often set up overseas trusts to manage their finances, including paying for school fees. However, if the trust's income is deemed UK-based, it could still be subject to VAT. It's essential to seek proper advice and structure these arrangements carefully to avoid potential issues.
- Third-Party Payments:
- Some domiciled families consider having grandparents or relatives living abroad pay the school fees directly. However, UK tax law can still apply if the payment is seen as originating from UK-based income or if it needs to be structured correctly. Non-dom families must navigate these regulations carefully to prevent unintended tax consequences.
- Legal Changes:
- Tax rules for non-doms continually evolve, mainly as governments aim to close perceived tax loopholes. Non-dom families should stay informed about their financial planning and seek guidance to protect their interests as new regulations arise.
The proposed 20% VAT on private school fees presents financial and legal challenges for non-domiciled (non-dom) families. While certain strategies can help mitigate the impact, they must be carefully managed to ensure compliance with UK tax laws.
Despite the financial strategies prepared for the incoming VAT on private school fees, the plan still needs to overcome significant legal hurdles. For example, in 2008, Tony Blair's Labour government considered taxing private school fees but encountered substantial obstacles, primarily due to concerns about infringing on the right to education, as protected by Article 2 of the First Protocol of the European Convention on Human Rights (ECHR). The new government now confronts similar challenges as it moves forward with its proposal.
If the government implements a 20% VAT on private school fees, families might argue that this tax unfairly limits their children's ability to choose private education. Critics contend that taxing private school fees could make it harder for middle-class families to afford private education, thereby restricting their children's options. Parents who cannot absorb a 20% increase in one year may effectively be denied the right to choose and forced into state schools. This is particularly concerning for families with special educational needs and disabilities (SEND), as imposing VAT on private school fees could drive SEND children out of private education, adding extra financial burdens on their families and impacting the support these children require. However, this argument may face challenges in court, as state education remains available for children with special needs.
Although the government stated that children with an Education and Health Care Plan (EHCP)—a legal document outlining a child or young person's special needs—would be exempt from VAT, the lengthy application process raises significant concerns about access to support.
The plan to implement a 20% VAT on private school education seeks to generate additional revenue for public services. However, non-domiciled families may need to explore financial strategies, such as utilising overseas trusts or third-party payments, to mitigate the effects of this tax, as it could significantly impact their ability to afford private schooling. The proposed VAT plan may also jeopardise the support available for children with special educational needs, increasing financial burdens for many families. This potential impact underscores the necessity for a thorough examination of the proposal. It is crucial that the government carefully considers the implications of the VAT on family choice and access to quality education for all children.
Seeking professional guidance is essential to ensure compliance with UK tax law. Chan Neill Solicitors LLP team specialises in navigating these challenges for non-dom families, providing the support and reassurance needed to explore the most effective financial strategies tailored to your situation.
Anti-Money Laundering (AML) Compliance: A Critical Aspect of Property Transaction
Money laundering, the process of disguising the origins of illegally obtained money, poses a significant threat to the global finance system. In context of property transactions, anti-money laundering (AML) regulations have become increasingly important to prevent property from being used as a means of laundering illicit funds.
The Importance of AML Compliance in Property Transactions
Property is an attractive avenue for money laundering due to the high value and relative stability of property investment. Criminals often purchase properties to convert illicit cash into legitimate assets, making it difficult for authorities to trace the origins of the funds. To address this, jurisdictions worldwide have introduced stringent AML regulation requiring property professionals to carry out due diligence on their clients and transaction.
AML compliance is not only a legal requirement but also crucial for upholding the integrity of the property market. Failure to comply with AML regulations can lead to severe penalties, including substantial fines and imprisonment. Furthermore, property firms that neglect these regulations risk harming their reputation and losing the trust of clients and partners.
Legal Obligations Under AML Regulations
Lawyers, estate agents, brokers, and other professionals involved in property transactions are considered “reporting entities” under AML laws. This designation requires them to adhere to several key obligations, including:
- Customer Due Diligence (CDD): Reporting entities are required to carry out comprehensive CDD to verify their client’s identities and understand the nature of their transactions. This involves obtaining and validation identification documents, accessing the client’s risk profile, and establishing the source of funds involved. Enhanced due diligence must be applied for higher-risk clients, such as politically exposed person (PEPs) or those from high-risk jurisdictions.
- Enhanced Due Diligence (EDD): In situation where there is a higher risk of money laundering, Enhanced Due Diligence measures are applied. EDD requires more in depth and continuous monitoring of the customer relationship.
- Ongoing Monitoring: AML checks do not end with the initial CDD. Financial institutions and other obligated entities must continuously monitor transactions and customer behaviour to detect and report suspicious activities.
- Suspicious Activity Reporting (SAR): When a business identifies a transaction or behaviour that raises suspicion, it must file a Suspicious Activity Report (SAR) with the National Crime Agency (NCA). The SAR allows authorities to investigate further and, if necessary, freeze asset or take other actions to prevent the laundering of funds.
AML Checks in the UK are a vital part of the country’s strategy to combat financial crime. Through stringent regulation, comprehensive due diligence processes, and ongoing monitoring, the UK aims to protect its financial system from being exploited by criminals. However, as financial crime evolves, so too must the methods and technologies used to combat it, ensuring that the UK remains a global leader in the fight against money laundering.
If you have any questions about buying a house, investing in the UK and AML investigations, please contact us
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Business Expansion Visa - A secret weapon in the context of economic globalisation
Economic globalisation is an inevitable trend. In the post-pandemic era, the global economy is gradually recovering, and cross-border development has become a pursuit for many companies looking to expand their business footprint.
As one of the world's most important financial centres, London naturally becomes the first choice for many overseas enterprises looking to enter the international market.
To align with this trend, the UK Home Office has introduced the Global Business Mobility (GBM) route, which consists of five types of visas:
- Expansion Worker Visa
- Senior or Specialist Worker Visa
- Graduate Trainee Visa
- Service Supplier Visa
- Secondment Visa
What is the Expansion Worker Visa?
The Expansion Worker Visa allows overseas companies to send one or more senior managers or specialist employees to the UK to establish a branch that has not started trading in UK yet.
Comparing it to the previous Representative of an Overseas Business Visa:
Advantages:
- A company is no longer limited to sending just one representative; multiple employees can now be sent to establish a branch and conduct business in the UK.
Disadvantages:
- This visa is valid for a maximum of 2 years, with each issuance lasting 1 year.
- The time spent on this visa cannot be accumulated towards the 5-year residency required for settlement.
Please note:
Priority service is not available for the application for the Expansion Worker sponsorship license therefore, the decision could take up to six months. Therefore, it is advisable to consult with an immigration specialist in advance to secure the sponsorship license as quickly as possible.
Eligibility Requirements:
The Expansion worker must have worked for the employer outside the UK for at least 12 months, evidenced by 12 months of pay slips. If the applicant's annual salary exceeds £73,900, the work duration requirement is waived, and fewer pay slips can be provided.
The applicant must meet the minimum annual salary requirement of £48,500 or the current salary requirement for the role as listed in the occupational list, whichever is higher.
The applicant must be engaged in an eligible occupation, such as Chief executive, engineering manager, finance manager, sales director, marketing manager, etc. (For a specific list of eligible occupations and codes, refer to the link: Global Business Mobility Eligible Occupations and Codes).
Documentation requirements for Expansion Worker Visa:
Basic information and documentation include:
- Certificate of Sponsorship (CoS): including reference number, employer name, and employer's sponsorship licence number
- Passport and national identity card
- Proof of the applicant's job position and salary, such as employment contract, confirmation letter of employment, payslips
- UK occupation code
- Maintenance funds proof: a bank statement showing at least £1,270 in savings for 28 consecutive days
- Tuberculosis test report: required for some countries (detailed list available at TB Test for UK Visa) https://www.gov.uk/tb-test-visa/countries-where-you-need-a-tb-test-to-enter-the-uk）
Please note:
- If the applicant has been living in the UK for 12 months, maintenance funds proof is not required.
- The visa application must be submitted within 3 months of receiving the CoS.
- All documentation must be in English or translated by a certified translation agency.
- The immigration office may request additional documents, depending on the applicant's background.
The initial Expansion Worker Visa allows the applicant to stay in the UK for up to 12 months. Upon expiration, it can be extended once, however, each applicant is limited to one extension. This means the maximum stay on this visa is 2 years.
After the Expansion Worker Visa expires, it is possible for the applicant to switch to other long-term visas or other visas under the Global Business Mobility route, such as the Senior or Specialist Worker Visa or the Skilled Worker Visa upon meeting the requirements.
Please note:
If you have held an ICT visa and visas under the Global Business Mobility route, the total time on these visas cannot exceed 5 years within any 6-year period.
The application fee for the initial and extension is £298. The processing time for application outside the UK is 3 weeks, and for applications within the UK, it is 8 weeks. Please refer to the government website for the most up to date information.
Applicants can also apply for dependent visas for their partner and children.
Summary
Advantages:
- Allows overseas companies to send multiple employees simultaneously.
- No language requirement.
- Lower financial maintenance requirements.
- Low visa application fee.
Disadvantages:
- Does not lead to settlement in the UK
- Short visa duration
- High annual salary requirement
- High requirements for the parent company
For Companies: The Expansion Worker Visa allows the parent company to send multiple senior employees to the UK to establish a branch, making the business expansion process more efficient compared to the Representative of an Overseas Business Visa, which only allowed one representative. This is ideal for overseas companies looking to expand their business in the UK. It is also a type of guarantee when using a mature parent company to address multiple employees' work and living needs in the UK simultaneously.
For Applicants: The preparation period and costs for applying for this visa are extensive, requiring a strong background from the parent company to meet the sponsorship requirements. To stay in the UK and obtain permanent residency, applicants need to switch to different visa types, increasing the time cost for applying for permanent residency.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com[/vc_column_text][/vc_column][/vc_row]
TA6 Property information Form update
The TA6 form is a crucial document used in the UK property conveyancing process. It is part of a Law Society’s suite of forms and is officially known as the “Property Information Form.” The TA6 form is completed by the seller and provides detailed information about the property to prospective buyers. This information helps buyer make informed decisions and addresses any potential issues before the sale is completed.
Currently the TA6 covers 14 separate subjects with question to be answered by the seller. These are:
- Boundaries
- Disputes and complaints
- Notices and Proposals
- Alterations, planning and building control
- Guarantees and warranties
- Insurance
- Environmental matters
- Rights and informal arrangements
- Parking
- Other charges
- Occupiers
- Services
- Connection to utilities and services
- Transaction information
While currently completing a TA6 form is not mandatory. Omission or delay in providing the same may delay the sale. As you’re trying to sell your home, you’ll not doubt want to get a move on, so filling in the form as thoroughly as possible will get your sale off to a good start.
The form includes instruction to seller that they should:
- Complete the form to the best of your knowledge
- State if you don’t know the answer to any question
- Be accurate, if you give incorrect or incomplete information to the buyer, the buyer may make a claim for compensation from you or refuse to complete the purchase.
- Inform your solicitor immediately if you become aware of any information which would alter any replies you have given
- Give your solicitor any letters, agreement or other paper which help answer the question
In March 2024, the Law Society published the TA6 (Fifth Edition) Property Information Form. Initially, it was set to be mandatory for all Conveyancing Quality Scheme (CQS) firms from June 25, 2024.
The form has been updated to include information that the National Trading Standards Estate and Letting Agency Team (NTSELAT) says should be disclosed on a property listing. The idea behind the new form is that a client should contact their solicitor and complete this form earlier so that more information can be used for marketing the property. This should give buyers an increased knowledge of the property and reduce the likelihood of the transaction falling through at a later stage when extra information is revealed.
The Law Society President Nick Emmerson says: “Earlier contact between sellers and their solicitors may provide an opportunity to address any issues that could cause delays in the sale process at a later date. We hope that the TA6 will help facilitate the flow of information from marketing a property by estate agents through to the legal process. The aim is that having better informed buyer could help reduce both the time process takes and the number of sales that fall through.
The new form has been split into two parts:
Part 1 deals with material information which your estate agent will require, for instance, Council Tax Band, Physical Characteristics of the property or Building Safety while Part 2 deals with general information and should be completed. These include queries regarding Boundaries, Disputes and complaints or Transaction Information, etc.
While the intention behind the updates was to enhance transparency and efficiency in property transactions, several concerns have been raised regarding the practical implications and effectiveness of the new form. Here are some of the criticisms:
- Complexity and Length – Many argue that the new TA6 form is overly complex and lengthy. The increase level of details and additional questions may overwhelm both buyer and seller, leading to confusion and potential errors in completion. This could result in longer transaction times, as parties may require more time to understand and complete the form accurately.
- Increased Burden on Seller—The new TA6 form places a greater burden on sellers to provide detailed information about the property. This includes additional disclosures related to environmental factors, building work, and insurance claims. The increased burden on the sellers to provide detailed information and potentially obtain additional assessments or reports could increase the overall cost of selling a property.
- Uncertainty about Effectiveness—Some question the effectiveness of the new TA6 form in achieving its intended goals of improving transparency and efficiency in property transactions. There is uncertainty about whether the increased level of detail and additional disclosures will genuinely benefit buyers and sellers or simply add complexity to the process without significantly improving outcomes.
However, the Society of Licensed Conveyancers (SLC) has expressed its disappointment that the Law Society has updated the TA6 forms without their consultation. Simon Law, the Society Chairperson, says: “We are disappointed to note that the forms have been amended without consultation with either the SLC or the Conveyancing Task Force. Adding material information to these forms has drastically increased the size of the forms and information required.”
Following the backlash, President Nick Emmerson wrote an article in The Law Society Gazette addressing the concern, saying: “We have heard your feedback and want to explain in more detail the reasons behind the changes to the form, which was developed by a working group conveyancer with a wealth of experience of working on the transaction form. Our aim with the new TA6 is to help solicitors and consumers implement the NTSELAT material information guidance as seamlessly as possible.”
However, The Law Society has delayed the mandatory use of the updated TA6 form from June 2024 to January 2025. Ian Jeffrey, the Chief Executive Officer of the Law Society of England and Wales, explained, “We recognise that we have not yet persuaded enough of our colleagues on these particular changes, so we need to do more to communicate with the profession about them.” Until 15th January 2025, firms can use either the 4th or 5th edition of the TA6 form.
In conclusion, the updated TA6 Property Information Form, now in its fifth edition, introduces significant changes to enhance transparency and efficiency in the property conveyancing process. Mandated for use by Conveyancing Quality Scheme firms from June 2024, the revised form includes comprehensive disclosures recommended by the National Trading Standards Estate and Letting Agency Team. By requiring sellers to provide detailed information earlier in the transaction process, the updated TA6 aims to inform buyers more thoroughly and reduce the risk of sales falling through.
The change has not been without controversy. Criticisms focus on the increased complexity and length of the form, the additional burden placed on the seller, and doubt about the form’s overall effectiveness in achieving its goals. The Society of Licensed Conveyancers and many professionals in the field have expressed concerns, highlighting the need to balance thorough disclosure and practical usability. Hopefully, the delay will allow for these issues to be addressed and for better communication with the profession.
As part of our commitment to maintaining the highest standards under the Conveyancing Quality Scheme, Chan Neill Solicitors LLP will begin using the new TA6 form from 15th January 2025. Please do not hesitate to contact us for guidance or support. We will provide clear instructions and examples to help you complete the new form accurately. Our team will be available to answer any questions about specific sections or the information required.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
How will the arrival of the UK's new ruling party affect non-UK domiciliaries?
According to data from HMRC, the number of people applying for non-domiciled status in the UK has increased since the COVID-19 pandemic. In the 2022-23 fiscal year, approximately 74,000 people applied for non-domiciled status, up from 68,900 in the 2021-22 fiscal year.
In their inaugural speech, the new Labour government emphasised one of the main issues the UK is currently facing: a public sector funding shortage. To address this issue, Labour has pledged to abolish the UK’s non-domiciled tax status to raise more funds for the National Health Service (NHS) and other public service sectors.
Why would abolishing non-domiciled tax status help the government raise more funds? Today, Chan Neill Solicitors will explore the concept of non-domiciled status.
What is Non-Domiciled Status (Non-Dom)?
Non-domiciled status refers to the tax status of UK residents whose permanent residence or domicile is outside the UK.
A person’s tax status is not directly determined by their nationality or residency but can be influenced by these factors. Individuals with non-domiciled status only need to pay UK income tax on their UK-sourced income. They do not need to pay UK tax on their income from other parts of the world unless they deposit it into a UK bank account.
For UK individuals with significant overseas assets and who have moved abroad, having non-domiciled status can legally save them a considerable amount in taxes.
How Will the Non-Domiciled Rules Change?
In March 2024, then-Chancellor Jeremy Hunt of the Conservative Party announced plans to abolish the non-domiciled tax regime gradually. This means that UK citizens/residents who move abroad must also pay UK income tax on their overseas income.
Hunt plans that, from April 2025, individuals who move to the UK will not have to pay tax on their overseas income for the first four years, nor will they need to pay tax on distributions from non-resident trusts. These funds can be freely brought into the UK. However, during these four years, individuals will lose the right to personal and annual tax-free allowances for corporate income. After four years, these individuals must pay tax on their global income and gains according to normal UK resident tax rules.
Current non-domiciled individuals will have a two-year transition period. Until April 2027, they will receive a tax discount on overseas income, with only 50% of overseas income being taxed. From April 2027 onwards, the UK will tax all their overseas income.
After taking office, the Labour government revealed plans to uphold the April 2025 abolition of the non-domiciled regime but also announced intentions to strengthen these planned reforms.
Labour stated that in the first year of implementing the new rules, the 50% discount would be eliminated, and foreign assets held in trusts would be brought into the UK inheritance tax framework.
New Chancellor Rachel Reeves stated that Labour’s reforms could raise £2.6 billion for the government during the 2028/29 fiscal year.
How to Become a Non-UK Domiciled Individual?
There are two main conditions and methods for obtaining non-domiciled status:
- Birth Origin: You were born in a country outside the UK, or your father is from abroad.
- Domicile of Choice: You are at least 16 years old and choose to leave the UK and permanently reside in another country.
What Are the Current Rules for Non-UK Domiciled Status?
If you are a non-domiciled individual and choose not to pay UK tax on your overseas income, you must pay:
- £30,000 if you have lived in the UK for at least 7 out of the last nine tax years.
- £60,000 if you have lived in the UK for at least 12 out of the previous 14 tax years.
In 2017, the non-domiciled rules changed, meaning you can no longer apply for this status if you have lived in the UK for 15 out of the last 20 years or if you meet all the following conditions:
- You were born in the UK.
- Your domicile of origin is in the UK (i.e., your father is from the UK).
- You have lived in the UK for at least one year since 2017.
However, if your annual foreign income is less than £2,000 and you do not bring this money into the UK, you do not need to pay any tax on your overseas income.
If you are concerned about the impact of these reforms on your assets, we recommend consulting with professionals to strategically plan your assets and minimise the reform’s impact on you. Our professional legal team can help you plan your assets from various perspectives, including business, real estate, and immigration.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com