When the UK left the EU on 01 January 2021, the rights of non-UK and non-Irish citizens wishing to come to England, Scotland, Northern Ireland and Wales changed.

As we mentioned in our blog ‘Brexit transition – changes to the immigration system’ anyone wishing to relocate to the UK will need to have a valid immigration status.

With lockdown easing, but travel for leisure purposes still restricted, we thought it might be helpful to talk in more detail about travelling to the UK to study.

Studying in the UK after 01 January 2021

The following information applies to students from the EU, EEA-EFTA states (Iceland, Liechtenstein and Norway) and Switzerland.

You will hear the term ‘accredited institutions’ in this section of the blog. They are providers listed on the register of institutions licensed to sponsor migrant students under the student and child student routes.

For courses up to 6 months long at an accredited institution, you may need a standard visitor visa. English language courses are included.

For English language courses up to 11 months long, you can apply for a short-term study visa if your provider is an accredited institution.

To apply you will need to:

  • Be aged 16 plus
  • Prove that you have been accepted onto an English language course that lasts six to 11 months and includes no other subjects
  • Have enough money to support yourself or proof that relatives and friends can provide for you
  • Be able to pay for your return or onward journey

If you are under 18, you must also:

  • Arrange for your travel and stay in the UK
  • Provide evidence of parental or guardian consent

For courses over 11 months long, you need a visa.

There are three types of visas available to students:

  • Child student visa
  • Student visa
  • Graduate visa

Child student visas are for 4 to 17-year-olds who will be studying at an independent school.

To apply, you will need to:

  • Have an unconditional offer of a place on a course at an accredited institution
  • Be able to show you will have access to enough money to support yourself in the UK and pay for your course
  • Provide evidence of parental or guardian consent

How long you can stay in the UK depends on your age when you apply and how long your course is.

  • If you are under 16, your visa will cover a course of up to six years plus four months
  • If you are 16 or 17, you will be permitted to study for up to three years and stay for four months afterwards

Student visas are for anyone aged over 16 enrolling on a course with an accredited institution.

To apply, you will need to:

  • Have been offered a place on a course
  • Have enough money to support yourself and pay for your course
  • Speak, read, write, and understand English to the required level
  • Provide evidence of parental or guardian consent if you’re 16 or 17

How long you can stay in the UK depends on the length of your course and whether it is at or below degree level.

  • If you are 18 plus and your course is at degree level, you can usually stay for up to five years
  • If your course is below degree level, you can usually stay for up to two years

Graduate visa applications are opening on 01 July 2021. They are for students who have completed a degree in the UK and wish to stay, either to work at any level for two years after completing their studies or three years for PhD students. You will not need a sponsor to apply and there will be no minimum salary level.

Our tips for international students coming to the UK

  • Research when you need to apply for a visa by and know when any current visas expire. Do not leave anything until the last minute but keep in mind that you cannot apply for some visas more than three months in advance
  • Check how long you can stay in the UK for and whether you need to switch or extend your visa when it is nearing expiry. Overstaying, even by a few days, may mean you are banned from entering the UK in the future, so you need to be careful and plan ahead
  • Check how much you need to pay for visas and whether there are any additional costs such as healthcare surcharges
  • Carefully read the information relating to what you can and cannot do under the rules of the visa you are applying for. This includes any paid work you are permitted to do
  • You will need to show you have planned your travel and accommodation, but do not book anything before a decision is made about your visa
  • Get us to help you! Immigration is a complicated area of law that can be difficult to navigate. Our expert team can advise you on any matters relating to studying in the UK

Give us a call on 0116 340 0094 or email hello@agrlaw.co.uk to find out more.

Why do I need a Will?

One of the most common misconceptions we come across is that people feel they are too young, too healthy or not rich enough to make a Will.

Anyone over the age of 18 can, and should, make a Will because the consequences of dying without one makes things difficult for those left behind.

What happens if you die without a valid Will?

When a person dies without a Will, or with an invalid Will, it is called dying intestate. Your estate will be divided up as per intestacy rules, which are determined by the court, rather than to your wishes. This makes the probate process more expensive, complicated and challenging.

The court will decide how your property, possessions and money are distributed. Even if you promised assets to relatives or loved ones, they might not inherit without a Will in place but someone you did not want to benefit may do so.

We cannot stress enough that is not the case that co-habiting partners have automatic right to make a claim, even if you have children, jointly own your home or have been a couple for a lengthy period. This could create financial issues for the surviving partner and possible conflicts within your family as they argue over who should be entitled to what.

What goes in a Will?

  • Property and assets – You can ensure items of high sentimental or monetary value are gifted to those that are most important to you
  • Debts – Details of your mortgage, loans, credit cards, overdrafts etc
  • Children and pets – You can name a guardian to take care of young children and create trusts to ensure they are financially secure. You can also ensure any pets you leave behind will end up in the hands of someone who will love them like you do
  • Your funeral wishes – You may want to be buried in a particular spot or be cremated and have your ashes scattered in your favourite place. You can state this, plus your wishes for your funeral, in your Will
  • Gifts and donations – You can leave money to charities you support in your Will to help them raise much-needed funds and continue the good work they do. There may be tax benefits to doing this too
  • Your executors – These are people tasked with distributing your estate. They can be family members or friends. It’s a big job and it’s important that you can trust them, so choose carefully

How often should I update my Will?

Wills never expire, but we advise you review yours every three to five years or as circumstances change. Marriages, breakups and the birth of children can mean changes need to be made to ensure the correct people are looked after and protected when you die. Any alterations must be witnessed as per the rules below.

 When is a Will valid?

For a Will to be deemed valid, you must have sufficient mental capacity to:

  • Know what assets you own
  • Understand the effect of your Will – what will happen when you die and the consequences of including/excluding people
  • Approve the content of your Will
  • Know that you are signing it
  • Follow the correct procedure for witnesses. It must be witnessed by two people aged over 18 with sufficient capacity to understand what they are acting as witnesses to. They must not be beneficiaries of the Will, so can’t be spouses, partners or family members

A Will can be challenged and deemed invalid if any of the above rules aren’t followed. If the challenge is successful, the person’s previous Will (if it was valid) will apply. If no Will was made previously, they will have died intestate.

What role does AGR Law play?

A Will is a legally binding document, so we always advise using our services to ensure there are no mistakes which could make the Will invalid.

Some Wills are more straightforward, but there are circumstances which make Wills complicated. These include:

  • Where you share a property with someone you are not married to or in a civil partnership with
  • You have a dependant who is unable to care for themselves
  • You have a large family who may make a claim, such as children from a previous marriage
  • You do not reside permanently in the UK or if you do live here but have property overseas
  • You own a business or businesses

Our experienced team will guide you through the process, so you can be safe in the knowledge that your assets will be protected after your death.

What is Lasting Power of Attorney?

What is LPA?

We wanted to briefly mention LPAs as they’re often drawn up at the same time as Wills. Lasting Power of Attorney (or LPA) gives a nominated individual the right to handle your personal business if you lose mental capacity. If you are married or in a civil partnership it is not the case that your spouse will automatically be able to deal with matters for you.

There are two types of LPA – one related to your finances and property and the other to your health and welfare.

Why do I need an LPA?

Life-altering illnesses or accidents can mean you are no longer able to manage your financial affairs or look after yourself.

If you lose the ability to make your own decisions your chosen attorney could:

  • Pay your bills, sell your property or investments and operate your bank accounts
  • Make decisions about your daily routine, your medical care, where you live and, if specified in the LPA, any life-sustaining treatment

What if I lose mental capacity but don’t have an LPA in place?

Without an LPA in place, your family will need to apply to the Court of Protection to have a deputy appointed. This can be a slow, costly and stressful process, and a deputy’s powers are limited compared to someone appointed through an LPA.

Want to know more about Wills and LPAs? Drop us a line at hello@agrlaw.co.uk or call us on 0116 340 0094

For matters such as divorce, we believe that mediation is the best approach for lots of reasons as we explained in our previous blog which you can read HERE.

For some areas of law, cases need to go to court. Domestic abuse is one such area and cases are often heard in the Family Court. Only complex cases need to be resolved by the Family Division of the High Court.

Our team understand the trauma suffered by domestic abuse victims and the bravery it takes to speak up and report perpetrators. The thought of going to court can make people reluctant to come forward, so we wanted to explain its role so victims will know what to expect.

What can I expect at Family Court?

A Family Court is less formal than a Criminal Court. No wigs or robes are worn, and the most important concern is not proving guilt or innocence but the welfare of the victim. Witnesses are not required to stand up to give evidence, they remain seated.

The judge can be a specially trained Magistrate, a District Judge or a High Court Judge, depending on the case. We can advise you on how you will need to address them.

Family Courts have no juries, so they have different procedures to prove or disprove facts in dispute. The process may begin with fact-finding where each party will have the opportunity to tell their side of the story, usually through written reports and statements. You may be asked questions about the evidence you have given. The judge will then use what’s known as ‘the balance of probabilities’ to decide whether events on which the parties disagree happened or not.

Hearings are confidential and there are no public galleries. Members of the press may attend, but there are measures to restrict the level of detail in their report to protect those involved.

There may be times where the persons making the application attendance is not compulsory, and urgent proceedings can happen without the Respondent being present.

What powers do Family Courts have in domestic abuse cases?

Family Courts have the power to:

  • Give non-molestation orders and injunctions (to prohibit contact from the perpetrator and to protect you from harassment, threatening behaviour or violence)
  • Deal with anyone breaching orders and injunctions
  • Give an occupation order which can define and regulate the rights of occupation of the home and order a suspected abuser to be removed from the home
  • Some courts also have powers to prevent forced marriages and protect anyone who may have been forced into marriage

Sweeping reforms made to the Family Court

Since June 2020, domestic abuse victims have had greater protection.

Changes included:

  • Separate building entrances and waiting rooms to the abuser
  • Protective screens in court
  • Stronger powers to issue barring orders to prevent abusers from repeatedly dragging a victim back to court

What is AGR Law’s role in court proceedings?

It is possible to represent yourself, but we would always recommend having a lawyer present in court.

This is because:

  • Going to court alone can be extremely stressful. Although the judge may allow you may take a ‘McKenzie friend’ with you if you don’t have a lawyer, their main role is to provide moral support, take notes and help with the case papers
  • Laws and court procedures are complex and sometimes the terminology used can be confusing. Our team are experienced professionals who can prepare your case, speak on your behalf and ask the right questions of the opposition
  • We offer emotional support as well as practical and legal guidance

We can also advise you on (and apply for) funding your case through Legal Aid. This is generally available to people who are at risk of harm from domestic abuse but cannot afford to pay for the cost of legal representation.

Useful information

Domestic abuse may not necessarily mean someone is causing physical harm. It also includes emotional, psychological and financial abuse.

If you’re in danger you must ring 999.

Help is also available from Refuge:

  • Phone (24-hour helpline): 0808 2000 247
  • Website: www.refuge.org.uk

If you need advice, you can contact us by emailing hello@agrlaw.co.uk or calling 0116 340 0094.

The Divorce, Dissolution and Separation Bill gained long-awaited Royal assent in June 2020. This means that, from April 2022, couples in England and Wales can divorce without having to assign blame to either party.

Why is reform needed?

Championed by Resolution, the community of family justice professionals of which AGR Law is a member, the no-fault divorce campaign ran for several years. It sought to minimise conflict to make the process less damaging, particularly to the children of divorcing couples. It also aimed to modernise the divorce procedure and make it more appropriate to the reasons modern-day marriages fail.

Currently, couples who jointly decide that divorce is the best option need to have been separated for at least two years. If only one party wishes to end the marriage, separation will need to be for a minimum of five years.

Most people find this period too long, and feel they have no option but to initiate proceedings and assign fault to their spouse to speed up the process.

Fault can include adultery, unreasonable behaviour or desertion. This allegation can create unnecessary hostility and resentment, making it more difficult to agree on essential matters such as finances and childcare.

It also creates misunderstanding as people mistakenly believe that not being the one at fault will be seen favourably, and they assume they will have more rights to assets.

How is the no-fault divorce better?

The main benefit of a no-fault divorce is that irretrievable breakdown will be the sole reason needed, so neither party will be blamed for the relationship ending. This will reduce confrontation, allowing couples to agree terms in a constructive manner.

Although a legal statement from just one spouse will count as conclusive and incontestable evidence, couples will also be able to make a joint application to divorce. This means that the process is more amicable and balanced from the very beginning, increasing the chance of a cordial split.

How will the no-fault divorce help couples?

The no-fault divorce will encourage cooperation, rather than inciting a blame game and escalating complications and ill-feeling when emotions may already be running high. This will set the tone for future discussions which are part of the process and reduce any negative impact for everyone involved.

It will also help in cases where mediation can resolve disagreements, rather than lengthy, stressful and costly court hearings which often result from apportioning fault.

Agreeing out of court will also make it easier for people who can’t (or choose not to) have legal representation. They may otherwise need to draft petitions and complete paperwork which can be confusing and complicated.

Is the no-fault divorce going to be quicker?

The no-fault divorce will decrease the likelihood of delay where the split is amicable, but there will be a minimum of 20 weeks between the initial application and the conditional order, and a further six weeks until the final orders.

The process will take at least six months to complete from start to finish.

What else will change this autumn?

Some of the terms used will be modernised and simplified:

  • The ‘petitioner’ will be called the ‘applicant’
  • The ‘decree nisi’ will be called a ‘conditional order’
  • The ‘decree absolute’ will be called a ‘final order’

Laws regarding financial settlements, childcare and other matters will remain unchanged.

What about civil partnerships?

The laws surrounding the dissolution of civil partnerships will also be updated. They will broadly follow the same approach as no-fault divorce.

Need help?

The AGR Law team are available for virtual appointments if you have any questions about divorce, either now or when the new law comes into effect.

Call us on 0116 340 0094 or email hello@agrlaw.co.uk to find out more.

From 01 January 2021, the automatic right of people from EU countries to work, live or study in the UK ended. This means all non-British and non-Irish citizens who wish to relocate to England, Scotland, Northern Ireland or Wales will require a valid immigration status.

Visas will be granted using a new points-based method. This replaces the current Tier 1-5 system.

Points will be awarded for:

  • Having a valid job offer from an employer approved as a sponsor
  • The job being at the appropriate skills level
  • Being able to speak English at required level
  • Earning a minimum salary amount taking into account whether the role is in the shortage occupation list
  • Holding certain qualifications

For employers:

Amongst other factors, employers must note:

  • A sponsorship licence will be required to hire most workers from outside the UK
  • There is no longer the requirement to offer the job to resident labour market
  • Sponsoring foreign workers will require payment of an Immigration Skills Charge and an Immigration Health Surcharge

There are several routes to gaining a visa:

  • Skilled worker – to work in a skilled job you have been offered
  • Global talent – for the most highly-skilled to enter the UK without a job offer
  • Graduate – for international students who have completed a degree or PhD in the UK from summer 2021
  • Intra-company transfer (ICT) – allows organisations to move key personnel into the UK on a temporary basis
  • Start-up and innovator – for individuals or teams setting up an innovative business for the first time (start-up) or with industry experience and at least £50,000 in funding (innovator)
  • Health and care – similar to the skilled work route, but for those with a job offer from the NHS (or those that provide services to the NHS) or social care sector
  • Creative – for creative workers with short-term contracts or engagements up to 12-months in length
  • Sporting – for international sportspeople with a confirmed job offer and a suitable sponsor, plus endorsement from their relevant governing sports body
  • Seasonal workers – this pilot ran until the end of 2020 and is currently under review
  • Youth mobility scheme – for those aged 18-30 from one of eight named countries and territories who want to work in or travel the UK for up to two years

Other immigration routes:

  • Family reunion and asylum will continue outside the points-based system
  • Students will fall under the students points-based system, which mirrors the current Tier-4 route

What if you are a non-British/Irish citizen already living in the UK?

If you are an EU national and live in England, Scotland, Northern Ireland or Wales before the end of 2020, you need to apply for the EU Settlement Scheme before 30 June 2021.

There are also some minor changes to the rules for people wishing to visit the UK

Coronavirus permitting, people travelling to the UK who are European Economic Area (EEA), European Union (EU) and Swiss citizens will not see any changes to the rules for holiday and business travel until 01 October 2021. They will be able to continue to travel short-term using a valid passport or national ID card, but after 01 October 2021:

  • Those using a National ID card will need to get a passport unless:
    • They have settled or pre-settled status under the EU Settlement Scheme
    • They have a frontier worker permit
    • They are an S2 Healthcare Visitor
    • They are a Swiss Service Provider

Need help?

The expert team at AGR Law are up to date with the latest rules and regulations and are happy to advise you with any enquiries relating to immigration and visas, whether you wish to work, study, live in the UK after Brexit, or bring a migrant worker to the UK.

Give us a call on 0116 340 0094 or email hello@agrlaw.co.uk to find out more.

Most couples live together before tying the knot, or some may choose to move in but not marry at all. They are known as ‘cohabiting couples’ and, although there are over 3 million in the UK, the law does not recognise them in the same way it does people who are married or in civil partnerships.

With weddings and ceremonies postponed, and tensions in some relationships running high, we thought it might be useful to remind you of your rights if you’re part of a cohabiting couple.

There’s no such thing as a common-law marriage

Even if you have been partners for a long time and you have children together, you are not considered a couple in the eyes of the law. It is a myth that you enter a ‘common-law marriage’ after a certain number of years. This is not the case and it can make things difficult in the event of the relationship breaking down.

Property rights

Your home is likely to be the biggest asset you have accumulated throughout your relationship. Your rights to make a claim on it depend on:

  • Whether you are a joint owner, so both you and your partner’s names are on the deeds
  • If you have contributed towards it (purchase, upkeep and any major improvements made, such as building an extension) and have proof of doing so
  • If you have children living at the property

If you and your partner are joint owners, you will have equal rights to remain in the property.

If your partner is sole owner, you have no automatic legal rights. This is a complex area of law and we always advise reaching an agreement between you but, if this is not possible, you can assert your interest in the property by applying to the court. You will need to gather evidence to do this, and the judge will then decide who owns what percentage of the property.

If you have children living in the property and you have parental responsibility, whether granted by the court or received automatically, a judge may allow you and your children to stay in the home for a specified time or until the youngest child turns 18 years old.

Financial rights

Legally, cohabiting couples have no financial responsibility to one another if they separate. Although you may receive support for children from your ex-partner through the Child Maintenance Service, they are not legally obliged to provide any additional money which benefits you personally.

Finances can become further complicated if one or both of you is in debt, you don’t have your own pension or you jointly run a business and can’t agree how it should be divided up.

Parental responsibility rights

At birth of a child, responsibility for a child’s wellbeing and the legal right to make decisions for the child (including where they live, their education, religion, and receipt of medical treatment) is automatically granted to mothers.

Fathers don’t have any responsibility unless the father was registered on the child’s birth certificate, they have a Responsibility Agreement with the mother, or if the court grants him a Parental Responsibility Order.

Our recommendations

  • Always jointly register a child at birth in case you split up with your partner or if one of you dies. You don’t have to be married to do this, and the child can have a different surname to one of their registered parents. It’s also believed to be better for the child’s sense of identity and mental health if both parents are named on the birth certificate
  • Protect your assets and prevent misunderstandings with a Cohabitation Agreement. This is a legal document which sets out who can claim what in the event of separation. We can draw this up for you
  • Both of you need to make Wills and update them as circumstances change. You have no automatic rights to inherit should your partner die without one and, although you can make a claim, it is an emotionally draining and sometimes lengthy and expensive process. AGR Law can help with Will writing
  • Make sure you know what constitutes a legal marriage. Some religious marriages are recognised by their faith, but not by the law unless they comply with certain requirements. AGR Law can advise on what constitutes a legal marriage
  • Property should be registered in both names but, if this is not possible, you should draw up a declaration which states that you and your partner have equal shares

Need advice? Our friendly team can help with all matters relating to cohabitation and virtual appointments are available throughout lockdown. Give us a call on 0116 340 0094 or email hello@agrlaw.co.uk to find out more

EU nationals and their family members can apply to remain in the UK under the new EU Settlement Scheme.

The scheme will open fully from 30th March 2019 and there will be no fee payable by those who have permanent residence or indefinite leave to enter or remain in the UK. One can still make an application now and pay £65, which will be refunded thereafter.

If an application is successful, you will acquire “Settled Status” or “Pre-settled Status”. You will acquire settled status if you have been living in the UK by 31st December 2020 and for a continuous period of 5 years. If you have not been living in the UK for a continuous period of 5 years, you will acquire pre-settled status after which you can apply for “settle status” after you have accumulated a period of 5 years.

It is important that you are aware of the deadline for making an application within the scheme which is 30th June 2021. However, if the UK leave the EU without a deal, the deadline for the application is 31st December 2020.
The application process has been simplified; you will be able to apply online using an Android form, which will allow you to scan documents in support of your case and identity documents.

If you require further information on this process, please contact our office on 0116 340 0094 for further advice.

It may sound strange to talk about a “good divorce” but with help from Resolution, many family lawyers have changed the culture and conversation around divorce to a more conciliatory and child focused approach.

In the past few years, there have been some very big cases in divorce.

Two of the cases were:

1. Owen v Owen, where the Supreme Court found Mrs Owen was not entitled to a divorce as she had not provided whole evidence that her husband had behaved in such a way, that it was unreasonable for her to be expected to remain married to him.
2. VW and BH, a recent case where the judge criticised the husband who cheated on his wife for contesting a divorce in an ‘awful case’. It appears the husband was somewhat dishonest and used the proceedings as a way to torment the wife.

Under the English law, if one party (the Petitioner) wishes to divorce within 5 years of separation and the other party does not consent to the divorce, the Petitioner needs to lay blame for the marriage break down at the feet of the other spouse.  The Petitioner must the provide evidence to support their case.  This adversarial method of divorce can be harmful to both parties and any children involved as it prolongs the pain of separation and creates a toxic atmosphere.

Resolution, with the backing of many family lawyers have called for ‘no fault divorce’. No fault divorce can be as simple as one party giving notice that they believe the marriage has broken down. If they still feel this way after a short period of time, the divorce can be finalised.  This method takes the acrimony out of divorce and enables both parties to focus on what is important; moving on with their lives and being parenting partners to the children.

We have linked below Resolution’s video to a good divorce. If you are considering divorce or have recently been divorced, this video may give you some helpful tips: https://vimeo.com/303651565

At AGR Law, we believe in taking a non-confrontational approach to divorce and matters relating to children. We assist our clients in meeting their objectives in the most pain-free and stress-free way possible.  Contact us to book a consultation on 0116 340 0094

This case-study looks at some of the limitations of the Child Arrangements Order.

I was approached by a child and the lady who cared for him. This lady, the caring mother (CM) was in a relationship with the child’s father who died leaving a defective will. The child’s birth mother (BM) did not have a close relationship with the child and the child wished to stay in the care of the CM.

The problem arose because a Grant of Probate required signing by a person with parental responsibility. With the father deceased, the only person with parental responsibility was the BM. The BM refused to sign the papers as she did not agree with the child drawing down the funds on the estate. Unfortunately the BM did not understand that if the Grant did not take place, assets from the estate would be lost.
As the child was soon to turn 16 years-old, an emergency application for a Child Arrangements Order needed to be made in order to grant the CM parental responsibility.

The limitations were:

1) no Section 8 order can be made for a child 16 years-old or older; a Child Arrangements Order is a section 8 order;
2) a section 8 order ceases when a child turns 16 years-old; and
3) the only way the CM could obtain parental responsibility and therefore sign the Grant of Probate was for the courts to order Child Arrangements Order – “living with”. I had hoped to obtain the order on consent but the BM objected to the order, even though the child had elected to remain living with the CM after the father’s death.

Deadlines were very close as the BM was on holiday at the time of the 1st hearing. Thankfully the court was able to squeeze the 2nd hearing in just days before the child’s 16th birthday.

Orders were made granting the CM a Child Arrangements Order – “living with”, thus giving her parental responsibility. The orders were specifically made to last until the child’s 18th birthday, to ensure all papers could be dealt with, including any other support the child needed until becoming an adult. The Grant of Probate was successful. My client and the child were very happy.

Written by Gina Samuel-Richards, Solicitor Director