New Divorce Laws - "No-Fault" Divorce
New Divorce Laws - "No-Fault" Divorce
The Divorce, Dissolution and Separation Act 2020 came into force in England and Wales on 6 April 2022 and this signified a major development of England’s divorce laws for the past 50 years.
Key changes made under the new Act:
- The need for the married couple to prove the irretrievable breakdown of marriage by citing grounds of unreasonable behaviour and separation was replaced by a sole or joint statement.
- The statement of irretrievable breakdown of marriage serves as a piece of conclusive evidence for the court to make an order and this prevents a spouse from contesting the divorce.
- A minimum period of 20 weeks between the start of divorce proceedings and the application for conditional order was introduced.
- New language has been adopted to facilitate a better understanding of the divorce application.
Referring to the first point, the new divorce application introduced a “no-fault” basis which completely replaced the requirements under the previous divorce laws. This is because the previous divorce laws required divorcing couples to prove the irretrievable breakdown of their marriage by citing one of the five existing grounds, these can be referred to as:
- Adultery
- Unreasonable behaviour
- Dissertation by one party
- Two years separation with the consent of the spouse; or
- Five years separation without consent
The previous divorce laws made it difficult for married couples who wanted their divorce to be settled in the most peaceful and straightforward manner. This is because the previous rules adopted a “blaming” basis and therefore couples looking to divorce must either put a blame on one another for the breakdown of their marriage or they must carry out a long-term separation to satisfy the requirements. Inevitably, this caused unnecessary stress and animosity which in turn encouraged potential conflicts between the divorcing parties.
Under the new divorce laws, couples can sign a sole or joint statement of irretrievable breakdown of the marriage to begin the application. This completely removes the need to blame each other or to give reasons for the breakdown of the marriage. Except for certain exceptional grounds, the statement also prevents a spouse from contesting /defending the divorce petition as it serves as a piece of conclusive evidence.
The new rules also introduce a new minimum period of 20 weeks between the start of the divorce application (signing the statement) and the application for the conditional order. When the conditional order is granted by the court, there is another period of 6 weeks before we can apply for the final order of divorce. This change effectively provides the divorcing parties a period to reflect and reconsider their decisions. However when a divorce is inevitable, this also allows the parties time to plan and cooperate on the practical arrangements surrounding the divorce such as financial and children matters.
A change in divorce law has been long-awaited as many would think the previous laws to be outdated, simply increasing animosity and stress in already difficult circumstances. However, the law in respect of financial provision for divorce will remain the same.
We at Chan Neill Solicitors relate to the emotions and stress often involved during the divorce proceedings and our experienced Civil Litigation team can assist in guiding you through every step of the divorce process. Please contact us and we can discuss your best way forward.
What do conveyancing solicitors do as the vendor’s solicitor?
A property transaction involves the buyer's solicitor and the vendor's solicitor, regardless a property is a second hand property, or new built or an off plan unit. We have talked about what a buyer's conveyancing solicitor do acting on behalf of the buyer previously. In today's article, we are focused on the vendor's solicitor's duties.
What do conveyancing solicitors do as the vendor’s solicitor?
The primary role of the seller's solicitor is to provide the information given to them about the property to the buyer's solicitor and support the seller in obtaining any additional information required. These are the main tasks a selling solicitor undertakes:
Draft contracts – Your solicitor drafts the initial legal contract with protocol forms (Property Information Form (TA6), Fixtures and Fittings Form (TA10), Leasehold Information Form (TA7) [Leasehold property only]) to be sent across to the buyer's solicitor.
Responding to enquiries – following the receipt of the draft contract, legal title and your property documents (as above) the sellers solicitor responds to any questions (also known as raising enquiries) the buyers solicitor may have (this is where you'll find out if you are missing documents which can cause delays to your sale). Documents which might be required from the buyers solicitor if relevant like planning permissions & Building Control for any extensions or under pinning, gas safety certificate, electrical certificate, FENSA certificates, asbestos removal certificates and EWS1.
Investigating issues – for some enquiries that can't be easily evidenced, the seller's solicitor needs to complete further investigation to try and satisfy them. The challenge here is if there is limited or no information to provide.
Exchange contracts – once the buyer's solicitor has satisfied their enquiries they agree with the seller to exchange contracts making the buyer legally bound to buy the property. Although buyers can still pull out, this can be financially costly (seller are entitle to rescind the contract and forfeit the deposit ad request any interest accordingly).
Completion – on the day of completion the seller's solicitor receives the money for the sale, discharges the mortgage (if required), pays the estate agent, deducts their fee and then sends the net sale proceeds to you.
Post completion – following completion the seller's solicitor receives the DS1 discharge documents and, when leasehold, settles the sellers liabilities for ground rent and service charges.
Chan Neill property solicitors understand that buying or selling a property can be a stressful time. Our team is well experienced and have stringent protocols in place to streamline the entire process efficiently, providing our clients with peace of mind. Across our team, we speak many languages including Mandarin and Cantonese, Gujarati, Russian, Portuguese, Korean and Spanish.
Chan Neill Solicitors is accredited under the The Law Society’s Conveyancing Scheme Qualification (CQS), which provides a recognition of our residential conveyancing standard and quality and is officially recognised by a range of mortgage lenders which grant us access to their residential mortgage lender panels.
If you have any enquiries regarding residential properties, commercial properties, buying or selling a property or properties owned by a limited company, please contact us. With access to our solicitors at two locations, one in City and one in Mayfair, we cover a very broad spectrum of varying clients needs.
What should I do if I get into a car accident with a uninsured driver in the UK?
What should I do if I get into a car accident with a uninsured driver in the UK?
‘Have you been involved in a road traffic accident that isn’t your fault?’ This is a familiar question that we often hear from adverts. However, what happens if you were involved in a road traffic accident with a driver that was not insuredin the UK? In the absence of the insurers for the responsible party, is it still possible to make a claim and possibly get compensation for your injuries resulted from the accident?
The Motor Insurers’ Bureau are a non-profit-making company set up by motors insurers, who have entered into agreements with the UK government to compensate victims of motor accidents caused by uninsured drivers. The Road Traffic Act 1988 requires that every motor insurer must be a member of the MIB and must contribute to the funding of the MIB. The time limit to submit a claim is the same as road traffic accident claims against injured drivers – within three years of an accident if claiming for personal injury. In the case of injury for children, the three year time limit commences on the 18th birthday.
On the claim form, the MIB will ask you to provide details to learn more about your involvement in the accident, details of the parties involved, details of the accident, details of police involvement, witnesses, details of your claim, and any associated personal injury as a result of your accident.
Once the claim has been submitted to the MIB, you or your legal representatives will be contacted and an investigation will commence. The investigations by the MIB are to establish the facts, confirm the identity of the parties involved, obtain independent reports from motor engineers or witnesses, obtain a police report, and contacting other bodies such as the DVLA, your insurer, or a foreign bureau. If you are claiming for personal injury, the MIB may need to obtain copies of your medical records from your GP and hospital you attended after the accident. The MIB may also need to obtain an independent medical report to assess your injuries caused by the accident.
The MIB will compensate you once a causal link is established between your injuries and the negligence of the driver that you consider responsible.
Many solicitors provide services on a conditional fee agreement (also known as a “no-win-no-fee”) basis, which means you only have to pay for the legal services if your claim succeeds. For example, at Chan Neill Solicitors LLP, subject to conditions and eligibility, we take on no-win-no-fee cases for personal injury claims.
Chan Neill Solicitors LLP is one of the leading law firms in London which houses an established Personal Injury practice. Our experienced team of lawyers can offer specialist advice and provide solutions. If you would like to learn more about our Personal Injury practice, please visit https://www.cnsolicitors.com/practice-areas/personal-injury/.
If you have any enquiries, you can fill in and submit the contact form at https://www.cnsolicitors.com/contact-us/. You can also contact reception at 020 7253 7781.
Immigration Case Studies
Sponsor licence granted for small-sized company in 10 working days.
Background of the case: The company is a small-sized education consulting company with only two full time employees. The company has been established for a long time and it is a stable and mature business. The business operation is relevantly small, and the company’s turnover is low (below the VAT threshold).
Chan Neill Solicitors assisted the company with accumulating the following information and documents to prove the stability of the company's business: business model, business profile and various business activities. In addition to explaining why the company needs overseas employees for its business and justify the necessity of applying for a sponsorship licence.
Based on the client’s needs, expedited service was successfully approved (this service is limited to 10 applications per day) and the company was granted a licensed sponsor under the Skilled Worker Route in 10 working days.
Recently the UK has introduced Global Business Mobility routes and High Potential Talent visas to attract overseas talent. To retain these talents, UK companies are still required to have a valid sponsor licence to provide workers with a work visa.
Tourist visa switched to Dependant visa in 2 working days
Background of the case: Mr Z and his spouse entered the UK as tourists in 2021. Due to the Covid restrictions, Mr Z could not return to his country. We assisted him in applying for an Exceptional Assurance (EA) extension before he must return to his country. An approved confirmation of EA was received with the validity date until July 2022 for Mr Z. In the meantime, we waited for his spouse to switch to a Skilled Worker visa to be granted as she was offered a position in the UK. After his spouse’s Skilled Worker visa was approved, Chan Neill Solicitors began to assist Mr Z’s to prepare for his Dependant as a Partner visa application.
Under the regulations and guidance from the Home Office, applicants are required to provide proof of address with their spouse for a period of two years as evidence that they living together. Mr Z were not able to provide the relevant documents for the past two years due to the following reasons first of all, they have not lived together for a long period of time, secondly previous accommodation documentations were not kept, lastly, they both entered the UK for a short period of time.
Since Mr Z were not able to fulfil the requirement of providing proof of address for the past two years. Alternatively, Chan Neill Solicitors advised Mr Z to compile the recent hotel reservations, travel confirmations and photos to be used as evidence showing they are living together and explained the reasons for Mr Z to apply for switch to a Dependant as a partner visa within the UK on the grounds of international travel restrictions. Mr Z attended his UK visa interview on a Friday and received the visa issuance email in two working days.
Typically, spouse visa or dependent visa applications requires several documentations as proof of relationship. Chan Neill Solicitors are able to advise and assist client’s based on their situation.
Our immigration advisors are focused on problem solving and are highly experienced in dealing with complex immigration issues. If you have any queries regarding immigration and/or visa, please contact us.
Tourist Visa change to Skilled Worker visa
Background of the case: The applicant entered the UK as a tourist in 2021. Due to the Covid restrictions, she could not return to her country. We assisted her in applying for an Exceptional Assurance (EA) extension before she must return to her country. An approved confirmation of EA was received with the validity date until May 2022.
The applicant was offered a position in the UK whilst she was waiting for her EA.
Under the regulations and guidance from the Home Office , anyone comes to the UK as a visitor, one can not switch visitor’s visa to a Skilled Worker Visa within the UK. The applicant must return to his or her original country to apply for a Skilled Worker Visa. If our applicant has returned to her original country, she would not be able to work for three to four months, however, her future employer wouldn’t be able to hold up the position for three to four months.
Chan Neill Solicitors assisted the applicant in booking English tests with different exam providers and got the English test results much faster than normal.
Whilst the applicant was preparing for the exams and waiting for the results, Chan Neill Solicitors completed the Sponsor’s Licence application for the employer, as well as prepared the client’s documents for the Skilled Worker Visa. In the application, we provided supporting documents showing the reasons that the applicant needed to switch tourist visa to the Skilled Worker Visa in the UK.
The Skilled Work visa application was submitted on 14th March and a super priority service for the applicant was selected (although the priority and super priority visa service were temporarily suspended by the Home Office during the time). The application was approved within three hours after the biometric information was collected on 22nd March.
We subsequently applied for the applicant's family dependant visa. The applicant's spouse and child got their visas in one week.
Chan Neill Solicitors believe every client, be they a multi-national corporate or a private individual, deserves faultless service standards. At Chan Neill Solicitors LLP, we understand the nuances of Asian and Middle Eastern cultures well. Across our team, we speak many languages including Mandarin and Cantonese, Gujarati, Russian, French, Korean and Spanish. With access to our solicitors at two locations, one in City and one in Mayfair, we cover a very broad spectrum of varying clients needs.
If you have any queries regarding immigration and/or visa, please contact us.
The Global Business Mobility Visa
The Global Business Mobility Visa
The Home Office recently have release new visa category – The Global Business Mobility Visa. The Global Business Mobility Visa is designed for overseas businesses seeking to establish a presence in the UK, or to transfer staff to the UK, for specific business purposes. The Global Business Mobility Route will open to new applicants on 11 April 2022.
The Global Business Mobility visas reformed and expanded on a number of existing business visas including the Representative of an Overseas Business Visa and the two types of Intra-Company Visas. There are five routes:
- UK Expansion Worker Route
- Senior or Specialist Worker Route
- Graduate Trainee Route
- Service Supplier Route
- Secondment Worker Route
The Global Business Mobility Visas will not lead directly to settlement in the UK. However, once in the UK, Global Business Mobility visa holders may be able to switch into other immigration routes that leads to settlement.
UK Expansion Worker Visa Route
The UK Expansion Worker Visa is to replace the Representative of an Overseas Business Visa. The UK Expansion Worker Visa can only be used when the business has not started trading in the UK. If the business is already trading in the UK, workers should apply for the Senior or Specialist Worker Route.
The visa is for overseas senior managers and specialist employees looking to undertake temporary assignments related to the expansion of their businesses in the UK.
UK Expansion Worker Visa applicants need to be currently working outside of the UK for a business that is linked to their UK sponsor group for a cumulative period of at least 12 months, unless they will be working in the UK as a high earner earning at least £73,900 per annual or as a Japanese national seeking to establish a UK branch or subsidiary under the UK-Japan Comprehensive Economic Partnership Agreement.
Applicants will need to have a valid Certificate of Sponsorship for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a UK Expansion Worker.
Applicants will also need to have an eligible job at or above an appropriate minimum skill level, with a salary of at least £42,400 per annual or the ‘going rate’ for that job, whichever is higher.
The UK Expansion Worker Visa is not a route to settlement. If successful, permission will be granted for one year at a time, and up to two years in total. Applicants, however, may be able to switch to another route.
Senior or Specialist Worker Visa
Senior or Specialist Worker Visa is to replace the Intra-Company Transfer Visa, it will open on 11 April 2022. The Senior or Specialist Worker Visa is designed for senior managers and specialist employees undertaking a temporary assignment in the UK. The UK company needs to be linked by common ownership to the overseas employing company.
The applicant needs to have worked outside the UK for the linked business for a cumulative period of at least 12 months, unless the applicant is a high earner earning £73,900 or more per year. The Sponsor of the Senior or Specialist Worker Visa must be listed as A-rated company on the Home Office’s register of licensed sponsors. The applicant’s Certificate of Sponsorship (CoS) must have been issued no more than 3 months before the date of the applicant’s Global Business Mobility – Senior or Specialist Worker Visa application.
The job needs to be genuine and the salary needs to be more than £42,400 per year or the “going rate” for the job, whichever is higher.
The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.
The Senior or Specialist Worker Visa does not lead directly to settlement in the UK. However, applicants may be able to switch into another immigration route which leads to settlement.
Dependent partner and dependent children can apply for this route.
Graduate Trainee Route
Graduate Trainee Route is to replace the Intra-Company Transfer Graduate Trainee Route. The Global Business Mobility – Graduate Trainee Visa is designed for workers on a graduate training course leading to a senior management or specialist position, and are required to do a work placement in the UK. The Graduate Trainee Route will open on 11 April 2022.
The Graduate Trainee Visa Route does not lead directly to settlement in the UK. However, applicants may be able to switch into another immigration route which leads to settlement.
Dependent partner and dependent children can apply for this route.
The applicant needs to have worked outside the UK for a business for at least three months before the date of your visa application. The overseas business and the UK sponsoring company are needed to be linked by common ownership or control, or by a joint venture.
The job sponsoring is genuine and the salary is no less than £23,000 per year or 70% of the “going rate” for the job, whichever is higher.
The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.
The Sponsor of Graduate Trainee Route must be listed as A-rated company on the Home Office’s register of licensed sponsors. The applicant must have a valid Certificate of Sponsorship (CoS) for the job you are planning to do, and your Certificate of Sponsorship (CoS) must have been issued no more than 3 months before the date of the applicant’s Global Business Mobility – Graduate Trainee Route application.
Service Supplier Route
The Service Supplier route is for contractual service suppliers employed by overseas service providers, or self-employed independent professionals based overseas, looking to undertake temporary assignments in the UK to provide services covered by a UK international trade agreement.
This route is to replace the contractual service supplier and independent professional provisions under the Temporary Work – International Agreement route. The service Supplier Route will open on 11 April 2022.
Service Supplier Visa applicants will need to be currently working as or for an overseas service provider that will provide services to their UK sponsor and have worked as or for the overseas service provider outside the UK for a cumulative period of 12 months.
The applicant must have a valid Certificate of Sponsorship (CoS) for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a Service Supplier. The UK sponsor must have a relevant Home Office registered contract with an overseas service provider on which the applicant will work in the UK.
Applicants will not need to satisfy a salary requirement but the job is required at or above a minimum skill level, or applicants have a university degree or equivalent level technical qualification and experience meet the nationality requirement for a Service Supplier.
Applicants need to be a national of the country or territory in which the overseas service provider is based; or where the service that you will provide is covered by a commitment in the General Agreement on Trade in Services and your employer is established in a country or territory that has made a notification under Article XXVIII(k)(ii)(2) of that agreement, a permanent resident of that country or territory; or where the service that you will provide is covered by a commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, a permanent resident of Switzerland; or where the service that you will provide is covered by a commitment in the United Kingdom-European Union Trade and Cooperation Agreement, a national of any Member State of the European Union or any other person included in the definition of “natural person of a Party” for the European Union in Article 512(k) of that agreement; or where the service that you will provide is covered by a contractual service supplier commitment in the CARIFORUM-United Kingdom Economic Partnership Agreement, a national of any CARIFORUM State that has provisionally applied or brought into force that agreement.
Permission will be granted for either the time given on the Certificate of Sponsorship plus 14 days, the length of time that will take the applicant to the maximum time period allowed in the category or the maximum single assignment period of either 6 months or 12 months.
Applicants under Global Mobility Visa – Service Supplier Route will be able to extend your stay in the UK up to a maximum period of 5 years in any 6 year period.
The Service Supplier Route does not lead directly to settlement in the UK. However, applicants may be able to switch into another immigration route which leads to settlement.
Dependent partner and dependent children can apply for this route. Access public funds are not permitted.
Secondment Work Route
The Secondment Work Visa is designed for overseas workers who wish to be temporarily seconded to the UK by their overseas employer as part of a high value contract or investment. The Secondment Worker route will open on 11 April 2022.
Applicants need to be currently working for an overseas business that has a contract with UK sponsor which has been registered with the Home Office. The applicants need to have worked outside the UK for that overseas business for a cumulative period of at least 12 months.
The Certificate of Sponsorship (CoS) will need to have been issued by a UK-based business that is authorised by the Home Office to sponsor a Secondment Worker. The UK-based business must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a Secondment Worker and are applying to continue working for the same sponsor as in your last permission.
The job needs to be genuine and at an appropriate skill level. The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.
The Certificate of Sponsorship must have been issued not more than 3 months before the date of your Global Business Mobility – Secondment Worker Visa application.
The Secondment Worker Route does not lead directly to settlement in the UK. However, applicants may be able to switch into another immigration route which leads to settlement.
Dependent partner and dependent children can apply for this route. Access public funds are not permitted.
If you have any further questions about the personal immigration routes or business immigration routes or any other visa related queries, please contact our immigration team. We speak many other languages including Mandarin, Cantonese, Gujarati, Portuguese, Korean etc. With access to our solicitors at two locations, one in City and one in Mayfair.
High Potential Individual Route and Scale Up Visa
The Home Office recently released two new visa routes - the High Potential Individual Route and the Scale Up Visa.
High Potential Individual Visa
As of 30 May 2022, the High Potential Individual Route will be available to recent graduates of top global universities who wish to work or look for work in the UK. The High Potential Individual route is not a sponsored route. Applicants do not need job offers from a sponsor approved by the Home Office. The High Potential Individual Route is not available to graduates graduated in the UK. However, there are other immigration routes for graduates graduated in the UK.
Requirements for a High Potential Individual Visa
- Age requirement – you are 18 years or above;
- Educational requirement – you have been awarded an overseas degree level academic qualification from an institution on the Global Universities List, which is published by the Home Office.
- Language requirement – English language ability on the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking and listening) to at least level B1 (equivalent to IELTS 4.0), OR you are a national of a majority English-speaking country, OR have been awarded a degree taught in English, OR you have obtained a GCSE/A Level or Socttish Highers in English whilst at school in the UK.
- Financial requirement -- You have enough funds to support yourself without relying on public funds.
- TB Test requirement – If you are from a country where TB is common, you must be screened for active TB in the lung.
Duration of a High Potential Individual Visa
Before applying for a High Potential Individual Visa you should also check that you have not previously been granted permission under the Student Doctorate Extension Scheme as a Graduate or as a High Potential Individual. If so, your application will be refused.
If your application for a High Potential Visa is approved, the period of permission you will be granted will depend on the qualification that you relied on to meet the Global Universities List overseas degree requirement:
- PHD or other doctoral level qualification – 3 years
- All other degree qualifications – 2 years
The High Potential Individual Visa Route does not lead directly to settlement in the UK.
The Scale Up Visa
The Scale Up visa is open to all sectors as long as the businesses sponsoring the application meets the growth criteria. The Scale Up Visa Route will open on 22 August 2022.
What are the criteria of The Scale UP business?
The business needs to demonstrate that they have had a yearly growth of at least 20% for the previous 3 years in terms of turnover or staffing. They need to have a minimum of 10 employees at the start of the business. The business must be listed as A-rated on the Home Office’s register of licenced sponsor. The Sponsor must be authorised by the Home Office to sponsor the job in the question under the Scale Up route.
What is the criteria for Scale Up Visa applicant?
- The applicant must be 18 or over on the date of the application
- High levels of skills or education
- A high-skilled job offer from a qualifying Scale Up business
- A minimum annual salary of £33,000
- Sufficient English Language proficiency.
- TB Test requirement, if you are from a country where TB is common, you must be screened for active TB in the lung.
Your Certificate of Sponsorship must have been issued no more than 3 months before the date of your Scale-up Visa application. You can switch to an employer who are not classified as a Scale Up business within the UK after you have been employed in the job that you are being sponsored for an initial period of 6 months. After this initial period of 6 months, your immigration status will no longer be tied to your original sponsoring employer. You will also be permitted to study however you will not be permitted to access public funds.
The Scale Up Visa is a route to settlement in the UK. A dependent partner and dependent children can apply on this route.
After 5 years you, your dependent partner and children will be eligible to apply for settlement in the UK and also potentially British citizenship.
If you have any further questions about the personal immigration routes or business immigration routes or any other visa related queries, please contact our immigration team. We speak many languages including Mandarin and Cantonese, Gujarati, Russian, French, Korean and Spanish. With access to our solicitors at two locations, one in City and one in Mayfair.
Private Life Route – How To Obtain A Visa To Legalise Your Residence In The UK
When living in the United Kingdom lawfully and continuously for ten years, it is possible to apply for indefinite leave to remain (settlement) by combining different visa categories, even if they individually do not lead to settlement, such as Student or Graduate visas. This is, of course, subject to meeting the requirements of the Immigration Rules under the Long Residence visa route. However, what happens if the residence in the UK has been lawful and unlawful? Is there a way to regularise status in the United Kingdom and potentially settle in the future?
The Private Life visa category was originally introduced in the Statement of Changes in June 2012 and came into force on 9 July 2012. Under this immigration route, those, who have been living in the UK continuously for 20 years, regardless of whether the residence was lawful or unlawful (or combination of both), could be eligible to apply for a visa to regularise their status.
We have successfully assisted clients in regularising their precarious status after having resided in the UK continuously for 20 years. From our experience in dealing with such applications, the Home Office expects an applicant to provide a variety of documents that could demonstrate their physical presence in the country, such as travel history as evidenced by entry stamps in the applicant’s passports, bank statements and employment records.
To strengthen a Private Life application, we, as immigration practitioners, advise to provide additional documentary evidence to demonstrate the applicant’s established private life in the UK, such as personal statement, support letters from friends, local social groups and communities which the applicant has been a part of, and photographs.
Once the applicant has been granted their first permission to remain in the UK on the Private Life route, they will be placed on a 10-year route to settlement, provided that they meet the visa conditions and have maintained their continuous residence throughout their qualifying period.
This visa route offers a pathway for those with a precarious status to regularise their stay in the UK and could be a solution to those who have been subject to the hostile environment policy of the Home Office as a result of their precarious status within the UK.
If you require assistance in relation to a Private Life route visa, or would just like to learn more about this visa route, please feel free to contact us to arrange a consultation.
How do I evict a tenant to regain possession of my property?
If there are tenants in your property and you need to evict because of rent arrears, nuisance or for personal reasons to move back in to the Property or to sell it. Chan Neill Solicitors are able to assist to regain possession of your property from preparing the relevant notice, and if necessary, issue possession proceedings, provide representation at court and instructing bailiffs.
The Procedure of the Eviction Process
Firstly, we will need to know what type of tenancy that you have with your tenant. In most cases, the tenancy is as assured shorthold tenancies. We would check whether the tenant is on a fixed term tenancy or periodic (rolling month to month)
There is a three stage process to evicting tenants:
- Notice
- Issue court proceedings to obtain an order for possession
- Bailiffs
1) Which Notice: Section 21 or Section 8 notice?
Subject to the type of tenancy that you have with your tenant and the reason you want to evict your tenant will depend upon which notice would be most suitable for your personal circumstances.
Whilst these notices are independent of each other and served for separate reasons, they provide the same result- we recover your property back.
Section 21 notice
Section 21 is a no fault basis whereby you are not compelled to provide reasons for eviction. A Section 21 notice is usually served when the tenancy is coming to the end of the fixed term or if the fixed term has expired (periodic tenancy).
There are a number of requirements that you must comply with first before a valid Section 21 notice can be served on the tenants, these are:
- An Energy Performance Certificate (EPC)
- How to Rent Booklet, this guide must be given to a tenant at the start of any new tenancy
- A Gas Safety Certificate
If a deposit was taken, then this must be protected within the requirement period. Failing to protect the deposit on time (within 30 days of receipt) will invalid the Section 21 notice.
A Section 21 cannot be served because the tenant has raised any housing disrepair issue.
The notice period for a Section 21 is 2 months.
Section 8 notice
A Section 8 notice is used where the tenant has breached the terms of the tenancy. The notice must state the grounds that you are seeking possession of the property. Landlords usually use the Section 8 procedure where a tenant is in rental arrears.
The notice period for Section 8 can be between 2 weeks to two months, depending on the terms of the tenancy / grounds.
2) Issuing Proceedings to obtain Possession order
In the event that the Tenant does not vacate the property after receipt of the notice, the next stage is to issue possession proceedings.
We can prepare the possession claim form on your behalf and issue it at the Court. Depending on which grounds you are seeking possession, we can then determine whether we can apply for possession via the accelerated route or the standard route for you.
3) BAILIFFS
If we are successful in obtaining an Order for Possession and the tenants still refuses to vacate the property, we can seek recovery of the property for you with the help of bailiffs.
Should you wish to discuss any of the matters talked about above or if you wish to look to instruct us, please contact us. Our team speak English, Mandarin, Cantonese, Spanish, Portuguese, Russian etc. Our offices are in Mayfair and the city should you wish to see us in person.
Can I Get A Divorce In The UK? Can I Stay In The UK After I'm Divorced?
According to The Independent, divorce petitioning consultations received by UK law firms have increased by 95% during the pandemic. While we want our clients to be able to try to resolve any issues and conflicts in their relationship before deciding to file for divorce, when the relationship between husband and wife breaks down and divorce is inevitable, Chen Neill Solicitors can help you through the entire process, protecting your rights to the greatest extent, and minimising the harm caused by the divorce.
In this article we have conducted some example questions about divorce applications that we hope will be helpful to you. If you have any other than questions that are not related to divorce applications, such as financial division and child arrangements, please feel free to contact us.
Q: Both spouses are non-British citizens and married outside the UK. The husband works in the UK with a work visa and the wife came to the UK as a dependent on a Dependant Visa. After living together in the UK for several years, the wife wants to file for divorce. In this case, will the wife be able to file for a divorce in the UK and is she able to remain in the UK after the divorce?
A: A marriage registered in an overseas country can be recognised by the British government as long as both parties are able to marry according to their place of residence and meet the formalities required by the law of the place of incorporation. Even though some overseas marriage registration formalities may be invalid under the laws of England and Wales, as long as it meets the rules set out in the local regulations for registration, the court can still consider the marriage valid and accept a divorce application filed by one of the parties.
In answer to the above case, the wife can file for divorce in the UK, but if the wife does not obtain a visa other than the husband's accompanying visa (Dependent visa) after the divorce, then she must leave the UK within the stipulated period.
Q: The husband is an EU citizen living in the UK and the wife is a non-EU or non-UK citizen who is also residing in the UK. Is it acceptable for the British court to accept the following case, the parties have registered their marriage in the wife's home country and have lived as husband and wife in the UK for several years and one of them wants to file for divorce in the UK?
A: Same as the previous situation, the couple can file for divorce in the UK, but the divorce may affect the wife's residency in the UK. If the wife is unable to obtain another residency visa after divorce, the Home Office may ask her to leave the UK.
In a marriage relationship, a party residing in the UK on a spouse or dependent visa may be affected by the divorce and may not be able to remain in the UK. But this problem can be solved by applying for other visas, and the solicitors at Chan Neill Law Firm have extensive experience in handling divorce and immigrant visa cases, which can make the divorce and subsequent stay in the UK as smooth as possible.
Case Study
A couple married outside the UK, the husband is a British citizen and the wife is an non-UK citizen. She lives in the UK with her husband on a Family Visa after marriage and has a child. After living together for three years, the husband files for divorce on the grounds of emotional breakdown, and after the divorce, the wife will lose the family visa that was originally approved for marriage. However, since they both have a child during their lives in the UK, and the husband is British, the child automatically becomes a British citizen at birth. After the divorce, we are able to help the wife to switch the dependent visa of the husband to family visa as a parent, subsequently, she will be able to remain in the UK to take care of the child.
If both husband and wife have no children and are not British citizens, and one of them lives in the UK with an accompanying visa that depends on the other party. They are able to continue to work and live in the UK by applying for one of the following visas: Representative of an Overseas Business Visa, Innovator Visa, or Skilled worker Visa after divorce.
Q: On what grounds can I request a divorce?
A: The divorce petition must provide information on one or more of the following five grounds to convince the court that the marriage has broken down to the point of irreparability in order to accept the divorce application. The five reasons are:
(1) Infidelity/adultery (2) Unreasonable behavior such as domestic violence (3) Abandonment (4) Separation for two years with the consent of the defendant (5) Separation for five years
Q: Do I need to appear in court after my divorce application is accepted in court and divorce proceedings begin?
A: Most divorce cases can be made in writing and the court will not require either spouse to appear in court. During the pandemic, if you file for divorce outside the UK and are unable to return to the UK during divorce proceedings, we can arrange a video conference or conference call for a meeting, or we can represent you if necessary.
Please contact our experienced Family Law team who are fluent in English, Mandarin, Cantonese, Korean, Portuguese, Spanish, Russian etc.