The Immigration Rules or accompanying Home Office guidance appear to remain silent on the issue, and therefore do not explicitly preclude an individual from directly being employed by the related UK entity once they have leave to enter the UK as a Sole Representative of an Overseas Business. Entry clearance as the Sole Representative of an Overseas Business is normally granted for an initial period of up to three years. In order to successfully apply to extend their leave beyond this period, the applicant will need to meet the requirements at Immigration Rules, Part 5, para 147. In particular, the applicant will be required to show: • that the overseas business still has its headquarters and principal place of business outside the

Restraining orders may be made by the criminal court following conviction or acquittal for any criminal offence, pursuant to the implementation of section 12 of the Domestic Violence, Crime and Victims Act 2004 which amended section 5 of the Protection from Harassment Act 1997. Restraining orders are designed to be preventative and protective rather than punitive. See Practice Note: Applications under the Protection from Harassment Act 1997. The test that the criminal court applies in considering whether to make a restraining

It is clear from the circumstances set out above that a binding contract for the supply of services has been concluded between the relevant parties. Upon the conclusion of that contract the service provider became obligated to provide the services for the price stated and agreed. Having refused to provide the services that they were obligated to provide (and returned the sums paid) the service provider committed a repudiatory breach of contract. For further information on repudiation, see Practice Note: Repudiation of contract. Although the service provider appears to have committed a repudiatory breach of contract, the contract is not automatically brought to an end. Rather,

As noted in the Practice Note: Partners of work, investment and study migrants, prior to the commencement of the simplification of the Immigration Rules process: ‘...the Rules covering dependent partners and children in these categories were found in Part 8 of the Immigration Rules (for dependants of relevant Points-Based System migrants and Appendix W workers), or Part 5 (for dependants of persons in other economic categories, in particular UK Ancestry and Representative of an Overseas Business). Since simplification (Students from 5 October 2020, and other categories from 1 December 2020), the provisions covering dependent family members are now found within the Rules for each category.’ As such, a person granted leave as the dependent partner of a Tier 2 (ICT) worker would have been granted that leave under the Immigration Rules,

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) (Person A) is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest or contract and the other spouse (Person B) is not so entitled, Person B has, if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by Person A, except with the leave of the court given by an order under FLA 1996, s 33, and, if not in occupation, a right with the leave of the court so given to enter

Under the Immigration Rules, the partner of a British citizen may apply to join or remain with them in the UK. When applying to enter the UK as a spouse of a British citizen, the applicant would need to meet the requirements set out in Immigration Rules, Appendix FM and submit the specified evidence in Immigration Rules, Appendix FM-SE. See Practice Note: Partners applying for entry clearance under Appendix FM: eligibility table. The general requirements are set out in the Immigration Rules, Appendix FM, para EC-P and include: • the ‘suitability’ requirements • the ‘relationship’ requirement • the ‘financial’ requirement, and • the ‘English language’ requirement In order to meet the financial requirement, the applicant must provide evidence that they and their

The higher rates of stamp duty land tax (SDLT) will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns a major interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has more than 21 years to run at the date of purchase of the new dwelling, and • Condition D—the dwelling being purchased is not replacing the purchaser’s only or main residence For

In order to support the application of a non-EEA partner under the Immigration Rules, Appendix FM, a British or settled sponsor must demonstrate, through evidence specified in the Immigration Rules, Appendix FM-SE, a gross (pre-tax) income of £18,600 per annum. This is relatively easy to prove where the sponsor is in employment; the documentary requirements are significantly more onerous where the sponsor derives income from a private limited company (whether through salary or dividends), or from self-employment. This Q&A relates to an unusual income arrangement, whereby a sponsor is a director and shareholder of a limited company (assumed to be a small company as defined in the Immigration Rules, Appendix FM-SE, para 9) but, instead of receiving a salary and/or dividends on profits,

Private nuisance The scenario described in this Q&A may involve a private nuisance, which is an unreasonable interference with a person’s enjoyment of their land or some right over or in connection with it, usually caused by noise or smell or by actual physical damage to their property. A civil claim can be brought by a person connected with the property affected claiming an injunction restraining the nuisance and/or damages. Whether a particular activity causes a nuisance often depends on an assessment of the locality in which the activity concerned is carried out. The court will carry out a balancing act, weighing the interests of the claimant in enjoying their land against the interests of the defendant in enjoying theirs. In assessing the interests of the parties, the test of reasonableness is applied by the court

The higher rates of stamp duty land tax (SDLT) will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of

It may be possible to split the title into two titles, but this is very much dependent on the cooperation of HM Land Registry. See Q&A: Is it possible to split or partition a title at HM Land

Our Lexis®PSL Property Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987 covers the importance of identifying the qualifying tenant and how to identify a qualifying tenant. It explains that for the Landlord