FAQs

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UK Visa & Immigration

The UK offers a variety of visas including Work Visas (Tier 1, Tier 2, Tier 5), Study Visas (Tier 4), Family Visas, Visitor Visas, and others. The right visa for you depends on your personal circumstances and the reason for your migration. For a detailed analysis of your options, please contact us. For more information click here.

Processing times can vary widely depending on the visa type and individual circumstances. Typically, it can take anywhere from 3 weeks to several months. It’s important to apply well in advance of when you plan to travel. For more precise timings and expedited processing options, get in touch with us.

 The required documents depend on the visa you are applying for but generally include a current passport, proof of financial means, proof of accommodation, and a detailed travel itinerary. Additional documents may be needed, such as sponsorship letters or proof of English language proficiency. We can provide a comprehensive checklist based on your specific visa type.

If your visa application has been refused, you may have the right to appeal or to apply for an administrative review, depending on the type of application. We can assess the reasons for refusal and advise you on the merits of making an appeal and the process involved.

Yes, students on a Tier 4 visa can usually work part-time during term time (up to 20 hours per week) and full-time during school holidays. The type of work and the amount of hours may vary according to your course level and sponsorship. We can help clarify the conditions of your student visa.

Skilled workers usually apply for a Tier 2 visa, which requires a job offer from a UK employer and a Certificate of Sponsorship. You also need to meet language and salary requirements. We can assist with the entire Tier 2 application process.

You can apply for a spouse visa if you are a British citizen or someone who is settled in the UK with indefinite leave to remain. Your spouse will need to meet certain English language requirements and you must prove that you can financially support them without public funds. We can guide you through the entire application process.

 Yes, your family members (spouse and children under 18) can apply to join you in the UK on a ‘dependant visa’. They must meet certain eligibility requirements, and you must show that you can support and accommodate them without relying on public funds. Let us assist you with the necessary documentation and application forms.

To qualify for ILR, you typically must have legally lived in the UK for a certain period, often five years, meet language and life in the UK requirements, and have no criminal record. The exact requirements depend on your visa category. We can provide a detailed assessment to see if you qualify for ILR.

Property Law & Commercial Lease

Commercial leasing involves the legal procedures required to transfer ownership, sell, purchase, or lease a commercial property. The laws governing commercial real estate transactions can be complex, which is why it is essential to seek the advice of experienced commercial conveyancing solicitors.

A commercial lease is a legally binding contract that grants a tenant the right to use property or premises for business or commercial activity for a specified period in exchange for rent.

Before signing, consider the lease duration, rent amount and review provisions, responsibility for repairs, subletting and assignment rights, termination rights, and any restrictions on property use.

A lease gives a tenant an exclusive right to occupy a property for a term, while a license is permission to use a property without exclusive possession.

Yes, most terms of a commercial lease are negotiable. It’s important to negotiate terms that suit your business’s needs.

Heads of terms are the main points of a lease negotiated between the landlord and tenant before the lease is drafted. They are not legally binding but serve as a basis for the formal agreement.

A rent review clause outlines how and when the rent can be adjusted, usually at predetermined intervals, ensuring the rental amount reflects the current market rate.

This is a charge payable by the tenant to the landlord for services provided, such as maintenance of common areas, security systems, and utility services.

A break clause allows either the tenant or landlord to terminate the lease early, subject to agreed-upon conditions and notice periods.

Dilapidations refer to the condition of the property and any repairs needed when the lease ends. Tenants typically have to return the property in a specified condition.

This depends on the terms of your lease. Some leases allow subletting with the landlord’s consent, whereas others prohibit it entirely.

Early termination options may be detailed in a break clause, or you may need to negotiate an exit with your landlord, potentially incurring financial penalties.

It’s an agreement where an individual (often a business director) guarantees to pay the rent if the tenant company fails to do so.

Commercial tenants have some protections, but these are less comprehensive than residential tenants. Terms governing eviction will be outlined in the lease itself.

The term of a commercial lease can vary, but common lengths are between 5 and 15 years.

An AGA is used when a lease is assigned, and the outgoing tenant guarantees the performance of the lease obligations by the new tenant.

Family Law

Family law is a legal practice area that deals with issues involving family relationships, such as marriage, divorce, child custody, and adoption, among others. Family lawyers can handle legal paperwork, provide advice, represent clients in court, and negotiate on their behalf in matters of family disputes.

As a family law solicitor, we offer a wide range of services, including but not limited to divorce proceedings, financial settlements upon divorce, child custody and support arrangements, cohabitation agreements, pre-nuptial and post-nuptial agreements, protection against domestic violence, and representation in family courts.

To file for divorce, one spouse must submit a divorce petition to the court, stating the grounds for divorce and any arrangements proposed for children and finances. The process involves several steps and legal considerations, which vary based on individual circumstances and whether the divorce is contested or uncontested. We guide you through each step, from preparing your petition to the final decree.

In the UK, there is one ground for divorce: the irretrievable breakdown of the marriage. This can be demonstrated through one of five facts: adultery, unreasonable behavior, desertion, living separately for more than two years with agreement to divorce, or living separately for at least five years even if your spouse disagrees.

Child custody, known as ‘child arrangements’ in the UK, is determined based on the best interest of the child. The court considers various factors such as the child’s physical, emotional, and educational needs, the child’s age, the effect of any changes on the child, and how capable each parent is of meeting the child’s needs. Our role is to help you negotiate custody arrangements or represent you in court if necessary.

Child support is a payment that a non-resident parent pays to the parent who has the primary care of the child. The amount of child support is usually calculated by the Child Maintenance Service, taking into account factors like income, number of children, and the time a child spends with each parent. We can help you understand your obligations and ensure a fair arrangement.

Pre-nuptial and post-nuptial agreements are contracts entered into before or after marriage, respectively. They outline how assets and finances should be distributed in the event of a divorce. While these agreements are not automatically legally binding in the UK, courts are increasingly giving weight to them, provided they meet certain conditions such as fairness, full financial disclosure, and that both parties received independent legal advice.

If you are experiencing domestic violence, there are legal protections in place, such as non-molestation orders and occupation orders, which can help ensure your safety and that of your children. We provide confidential advice and can act quickly to secure the necessary legal protections for you.

Yes. We offer full representation in family court for all issues within family law. We will prepare your case, represent your interests in court proceedings, and aim for the most favorable outcome possible while minimizing stress and complications for you and your family.

Commissioner for Oaths

A Commissioner for Oaths is a person authorized to verify legal documents, such as affidavits and statutory declarations, usually for use in court proceedings.

They can administer oaths, take affidavits, and attest statutory declarations and other legal documents.

In the UK, solicitors with a current practicing certificate and notaries public often act as Commissioners for Oaths.

You’ll need one if you are required to make an oath, affirm, or declare as part of a legal process, and confirmation in writing is required.

Most solicitors can provide this service. The Law Society or local solicitors’ practices can help you find one.

Yes. A Notary Public has broader powers, including certifying international documents, while a Commissioner for Oaths is typically limited to domestic documents.

They deal with affidavits for court proceedings, statutory declarations, and sponsorship forms, among others.

Yes, if they have reason to believe the document is fraudulent or the person signing is not who they claim to be.

Yes, identification is typically necessary to verify your identity.

Yes, Commissioners for Oaths can charge a fee. The fee is set by law for oaths, affidavits, and declarations.

They can only attest to documents they are authorized to by law. They cannot witness wills or certain other legal documents.

No, they typically do not keep copies of the documents they attest.

Complete the document but do not sign it. You will sign it in their presence after they have administered the oath.

No, their role is not to provide legal advice but to ensure that the sworn document is legally valid.

Solicitors for Independent Legal Advice (ILA)

ILA is professional advice from a solicitor who is entirely independent of all parties involved in a transaction or matter, ensuring the advice is unbiased.

You might need ILA when entering into agreements where there’s a potential conflict of interest, such as a personal guarantee, joint ventures, or when waiving certain legal rights.

ILA is provided where impartiality is critical, and no other party involved in the matter has an influence on the advice given.

Essentially, yes, but the solicitor should not have a conflict of interest and must be knowledgeable in the relevant area of law.

The Process of ILA:

  1. The ILA solicitor receives the documentation requiring review from the client or directly from the other party’s solicitors.
  2. They meet with the client to discuss the document’s contents and implications—this can happen through face-to-face meetings, video calls, or telephone conferences.
  3. They take steps to ensure that the client fully understands the terms and any potential consequences of the agreement.
  4. The solicitor may negotiate terms on behalf of the client if there are parts of the agreement that are unfair or unclear.
  5. Once satisfied that the client understands and agrees to the terms, the solicitor will confirm that advice has been given, often by signing a certificate or providing a letter of advice.
  6. They maintain communication and follow-up with the client as necessary, particularly if any adjustments or further clarifications are required

Key Aspects of ILA Solicitors:

  • Impartiality: They provide advice that is entirely impartial, given independently of any other parties involved in the transaction.
  • Confidentiality: The advice is confidential, bound by solicitor-client privilege, ensuring that the matters discussed are not disclosed to third parties without consent.
  • Verification: ILA solicitors may also verify that the client is signing documents out of their own free will, without coercion, which is often necessary in transactions such as prenuptial agreements or mortgage signings.
  • Conflict of Interest Check: They ensure that there are no conflicts of interest affecting the advice given to the client.

Lenders require ILA to ensure the guarantor fully understands the risks and implications of their commitment and cannot later claim they were unaware of the risks.

While not legally mandatory, it is often recommended to prevent future disputes by ensuring all parties are fully informed of the terms and consequences.

You can obtain ILA either way, though face-to-face is often preferred to ensure the solicitor can verify identity and assess understanding.

Costs can vary based on the complexity of the agreement and the solicitor’s rates. Always confirm fees upfront.

There are specific instances and transactions when ILA is not just beneficial but required, including but not limited to:

  • Financial Agreements: For example, when a person is providing a personal guarantee for someone else’s loan or mortgage.
  • Property Transactions: Such as during the transfer of equity where one party is giving up their share in a property.
  • Family Law Matters: In the case of prenuptial agreements or postnuptial agreements where each party must understand their position clearly.
  • Company Transactions: Instances where directors may have a personal interest in a contract entered into by their company.

It can take from a few days to a couple of weeks, depending on the complexity of the advice and how quickly you provide the necessary documents.

No, ILA helps you understand the legal implications and risks of your decision—it does not guarantee outcomes.

Yes, if there’s a conflict of interest, lack of expertise in a specific area, or if the client’s expectations are unrealistic or unethical.

Foreshadowing issues could occur, such as a later claim that you did not understand the agreement, potentially leading to the agreement being unenforceable against you.

ILA typically focuses on explaining the legal implications, not necessarily the commercial fairness of an agreement.

You’ll need to provide the agreement or contract in question, proof of identity, and any other relevant documents related to the matter.

Yes, communications between a solicitor and a client during ILA are confidential and protected by solicitor-client privilege.

Civil Law Solicitors

Civil law covers non-criminal disputes such as personal injury claims, property disputes, family law, contract disputes, and probate issues.

If you are dealing with a complex legal issue or a dispute where significant money or rights are at stake, consulting with a solicitor is advisable.

Civil law deals with disputes between individuals or organizations, while criminal law deals with offenses against the state or society.

This varies by case type; for many claims such as personal injury or breach of contract, you have generally three years from the date of the incident or discovery of the breach to make a claim.

Legal aid is available for some civil cases, depending on the nature of the claim and your financial circumstances.

This is an agreement where you pay your solicitor’s fees only if your claim is successful. The fee is typically a percentage of the compensation awarded.

Settlements are usually reached through negotiations between parties, often with the help of mediators or solicitors, with the aim of avoiding court action.

If a settlement cannot be agreed upon, the case will go to a civil court where a judge (or sometimes a jury) will make a decision on the case.

Yes, you can represent yourself in court; however, the process can be complex, and consulting with a solicitor can improve the chances of a favorable outcome.

Damages are monetary compensation ordered by the court to be paid to a claimant. They are calculated based on various factors such as loss of earnings, expenses incurred, and pain and suffering.

An injunction is a court order that either restrains someone from taking a specific action or requires them to take a specific action.

Litigation refers to the process of taking legal action or defending against a claim in a civil court.

Dispute resolution can be achieved through mediation, arbitration, or negotiation, which are often quicker and less costly than going to court.

This is a set of guidelines that parties should follow before commencing legal proceedings, aimed at encouraging early settlement and full disclosure of information.

In civil law, the burden of proof typically lies with the claimant, who must prove their case on the ‘balance of probabilities’ – meaning it’s more likely than not that their claim is true.

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