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CHECKLISTS
This is a quick reference checklist to assist with calculating whether an applicant will meet the relevant thresholds for eligibility under family immigration routes. In particular, it assists with assessing both the main financial requirement and the adequate maintenance requirement for routes under Appendix FM of the Immigration Rules. Which financial requirement applies? Type of application Financial requirement New application from 11 April 2024 £29,000 Renewal or extension from 11 April 2024 (including fiancés converting to partner) £18,600 (plus applicant child increment*, capped at £29,000) Pending application made before 11 April 2024 £18,600 (plus applicant child increment, no cap) Sponsoring applicant in receipt of a specified benefit or applying on a specified route (eg as a parent) Adequate maintenance based on current income support rates (see below) *The child increment/s, where they apply are as follows: +1 child = +£3,800 for the first child and +£2,400 for each additional child, so eg +1 child = £22,400, +2 children = £24,800, +3 children = £27,200 and +4 children = £29,600
PRACTICE NOTES
Family investment companies (FICs) have been established as an estate planning vehicle for many years and their popularity shows no sign of reducing, despite rising corporation tax rates. The term FIC is applied to many different types of structures, used for a wide variety of purposes. Although this Practice Note does not consider the broader tax planning opportunities that may be associated with using a FIC. What is a family investment company? A FIC is simply a company that has been established with the specific purpose of meeting the needs of, usually, a single family. As the name suggests, a FIC is generally established to hold investments for the family but many of the principles can equally apply to a family trading company. Investments can be in any form that a company is entitled to hold and would typically include property and/or equities. It will normally have adopted bespoke articles of association that include restrictions on who can own shares and who can control the company. It has no special status under
GLOSSARY
A family investment company is a company that has been established with the specific purpose of meeting the needs of a family business. It has no special status under the CA 2006, but would usually be a company limited by shares that has bespoke articles of association and possibly a shareholders agreement that control and restrict who can own shares and who can control the company.
NEWS
Family analysis: In JH v MF the court allowed an appeal from a fact-finding hearing on the basis that the trial judge’s conduct was fundamentally flawed and unjust, acceding to the submission that the judge’s outdated views on sexual assault and likely victim responses had influenced his findings and conclusions on the facts and the law of this case. Russell J highlighted that the trial judgment makes for concerning reading and recommended, with the approval of the President of the Family Division, that judges who hear cases involving serious sexual assault in family cases to be given the same training as criminal judges. Katherine Gittins, barrister at 3 Dr Johnson’s Buildings and counsel for the appellant, considers the decision.
NEWS
Family analysis: Alexandra Tribe, managing partner and Byron James, partner, at Expatriate Law consider recent changes to family law in the United Arab Emirates (UAE) that have transformed the legal landscape for both Muslim and non-Muslim residents and the implications for family lawyers.
PRACTICE NOTES
A list of useful website links to professional groups for family lawyers Resolution
PRACTICE NOTES
This Practice Note sets out key areas of family law, providing an introduction to family law practical guidance materials for experienced family practitioners, and may also be used as a training aid for those new to family law, including trainee solicitors and paralegals. It contains links to practical guidance for a range of family law topics, with introductory guidance for each area and navigational assistance to content including Practice Notes, Procedural Guides, Client Guides, Precedents, Flowcharts, Forms and Calculators. In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in alphabetical order): • Cohabitants • Divorce and dissolution of civil partnership (applications issued before 6 April 2022) • Divorce and dissolution of civil partnership (applications issued on or after 6 April 2022) • Domestic abuse • Financial applications • Marital/civil partnership agreements • Private children • Public children Key aspects of family law practice Prior to meeting a client or taking instructions, sufficient information should be taken over the telephone
PRACTICE NOTES
This Practice Note provides an introduction to the one lawyer, two clients model which is a service that can be provided to a separating couple by one single legal professional to manage the parties’ separation, divorce, finances or arrangements for children, with the aim of resolving any issues consensually and without conflict. It sets out the main features of the model, which cases it might be suitable for, advantages and risks and how the model interacts with non-court dispute resolution. It also details steps to take once an agreement is reached and a court order sought. The one lawyer, two clients model will not be appropriate for all parties, see: When will the one lawyer, two client model be suitable? In addition, where the legal professional in the one lawyer, two clients model advises on areas that would represent an unfair or unreasonable agreement or outcomes that fall outside what a court might order and the parties wish to continue with that agreement despite advice to the contrary, the legal professional should record their concerns
GLOSSARY
Types of family leave are ordinary maternity leave, ordinary adoption leave and paternity leave. Pensionable service continues as though the employee is still at work. Member contributions are based on actual pay, whereas employer contributions are based on notional pay. Given the short length of time involved, it can be cost-effective to treat employees as still at work
GLOSSARY
A non-court method of dispute resolution in family cases by which an independent qualified mediator(s) works with a couple to help them come to a mutual agreement, which is then set out in a memorandum of understanding. It is a voluntary and confidential process, within which without prejudice proposals are made.
PRACTICE NOTES
ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview. IMPORTANT NOTE: The accession period for Bulgaria and Romania ended on 31 December 2013. This Practice Note has been retained in its original form
PRACTICE NOTES
ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview. There are two classes of family members of European Economic