UK Immigration Solicitors Birmingham London

Our specialist lawyers handle every aspect of immigration law for individuals and businesses. Our team can help with making applications within the UK, sponsoring people overseas (to live, visit, study or work in the UK), immigration refusals, asylum claims, or employment of people outside the EU. Our team in this department has over 30 years of collective experience in immigration with a 96% rate of success for Refusal Appeals alone.

A full breakdown and list of services can be seen below:

Settlement is also called ‘indefinite leave to remain’ and means you will be allowed to stay in the UK without time restrictions.

We can assist you to apply for settlement in the UK if you have completed the period of time as prescribed in the relevant immigration rule (normally 5 years, but this can also be different periods depending on the category of leave you have or the circumstances you find yourself in).

We can make the application during the last month of your current permission to be in the UK. It is very important not to let your current visa expire before submitting the application as you will become an over-stayer and may lose your right to appeal, if refused. The Home Office do not consider application made more than 28 days before the expiry of the leave. However, you would need to make preparations well before this date and gather together evidence.

We can include your partner and any children on your settlement application if they are already in the UK as your dependants.

The Home Office requires you to pay an application fee upon submittal of the application, except if you are applying for settlement as a refugee or person with humanitarian protection. Your application will be rejected as invalid if you fail to pay the fee and could potentially become an over-stayer as a result.

You will in most circumstances be required to prove and provide evidence that you have knowledge of Language and Life in the UK unless you are exempt.

Following settlement in the UK our expert immigration lawyers can advise and assist you in obtaining full British citizenship also known as naturalisation as well as Registration, assistance for Overseas Territories Citizens, Dual nationality, British Protected persons and British subjects.

We can advise you on all aspects of Nationality to include residence requirements, good character issues and the documents required to support the applications.

We are experts in dealing with complex applications.

The term ‘Asylum’ refers to a form of protection offered by the State.

As the UK is a signatory to the 1951 Refugee Convention, it is obliged to consider all applications for asylum in the UK and grant protection to an applicant where it feels that there is a well founded fear of persecution if that applicant were to return to their country of origin.

We offer a full assessment of the strength of your case, advise you on the procedure and process and assist in all stages of your claim including interviews and appeals.

The term ‘Fresh Claim’ refers to an asylum claim that has been refused but there is now new evidence to show that the applicant is at risk on return to their country of origin.

Fresh claims must be carefully drafted and representations should set out the basis upon which you should be granted status in the UK.

We are happy to assess the strength of your new evidence and discuss the strategy for the fresh claim.

We can assist in drafting your fresh claim from initial assessment of the new evidence through to complex legal representations made on your behalf.

The term ‘Family Reunion’ refers to an applicant who has been successful in an asylum claim and now has the right to make an application for their family members to join them in the UK.

Family Reunions can be further complicated by the closure of embassies abroad, difficulties in locating family members and difficulties in proving the identity of family members.

We can assist with reuniting families with the applicant from completing the application, collating documents, liaising with officers abroad and drafting detailed legal representations on your behalf.

Appeals

If your family reunion application is refused then we can also assist with appealing the decision. The appeal hearing will take place in the UK even though your family member is abroad, and you will need to attend the hearing as you are their UK sponsor. We can lodge the appeal on your behalf, prepare the case for court and attend the hearing or instruct a barrister to attend and advocate on your behalf.

You may be entitled to remain in the UK, because removal will be a breach of your Human Rights under the European Convention of Human Rights (ECHR). We can assist you in assessing your circumstances and advising you on your Human Rights.

One of the main Human Rights that could entitle you to make an application even if you are illegally in the UK, is based on the European Convention of Human Rights (ECHR) Article 8, based on family relationships or your private life.

The Home Office has incorporated these type of applications into the immigration rules, but it is often complex to understand and the subject of a lot of litigation in the Courts. We can advise and assist you to make the best possible application whether under the rules or outside the rules relying on the most recent and persuasive case law to maximise your chances of success.

You may also be entitled to make an application based on a breach of art 3, lack of medical care in your home country, but the standard set by the courts for a breach of this right, are very high. We can advise you whether the medical care you require in the UK and lack in your country, may lead to such a breach.

If you are currently in the UK on a spouse visa and your marriage or civil partnership has broken down due to domestic violence then you could be eligible to make an application to remain in the UK. You will have to pay the Home Office fee unless you can prove that you are destitute. You will need to provide evidence of the domestic violence that is objective and impartial.

Examples are:

  • A court injunction, molestation order or conviction against the sponsor
  • Police caution against the sponsor
  • Medical report confirming injuries consistent with being the victim of domestic violence
  • Police report confirming attendance at the home of the applicant as a result of the domestic violence
  • Letter from Social Services
  • Letter of support from Domestic Violence Support Organisation

We can assist you to obtain the best possible evidence to support your application and submit the application. In the event of the Home Office refusing your application, you will have a right of appeal, with which we can assist with too.

If you wish to apply for settlement in the UK after living here for a number of years there are currently two routes by which this can be achieved:

10 year route

If you have been living in the UK legally for 10 years and can prove your continuous residence during this time then you can potentially make an application for settlement in the UK. To be eligible for settlement under this route you would need to:

  • Have 10 years continuous lawful residence;
  • Show that there are no reasons why it would not be in the public interest for you to be granted settlement. The Home Office will take into account factors such as your age and strength of connections to the UK.
  • Meet the knowledge of language and life in the UK requirements.
  • Show you are not in breach of immigration rules except for any periods of overstaying up to a maximum of 28 days.
  • Show that you do not fall under the general grounds for refusal.

20 year route

If you have been in the UK for twenty years or more, on both a legal and illegal basis then you may be eligible to apply for settlement if you can prove your residence here for each of the twenty years and again meet the requirements set out above.

If however, at any time during this period of twenty years you have been issued with a decision from the Home Office or have been served with a Notice of Intention to deport or remove you from the UK, this ‘stops the clock’, meaning that the twenty year period starts again.

We are immigration specialists in preparing applications for EEA nationals to include Bulgarian and Romanian Nationals seeking the right to remain in the UK for employment or to exercise their Treaty Rights in another way.

We undertake a variety of work in this area including EEA permits, residence documents, Workers Registration Scheme applications right the way through to permanent residence.

In addition if you are an EEA national in a relationship with a non- EEA national our lawyers can make the relevant application for them to join you in the UK or seek leave for them to remain in the UK with you.

In certain circumstances as an EEA national exercising Treaty Rights you have the right to have certain dependant family members here with you in the UK. This is a specialist area which requires an expert team to guide you through the process.

The Secretary of State often makes decision to try and deport people from the UK if they have committed serious criminal offences and they therefore believe it would be in the public interest to deport those individuals from the UK. If you are issued with a Notice of Intended Deportation, your family can also be made to leave the UK.

If you are facing deportation we can assist you whether you are in an immigration removal centre or detained in one of HMP’s.

If the Secretary of State has made the decision that you or a member of your family should be deported, you will be given a right to appeal against the decision to the Immigration and Asylum Chamber. If you are in detention, you will only have 5 days to lodge an appeal, so it is very important to take immediate action.

With your authority we can take instructions from friends or family and can assist you in making the initial representations following your liability to deport straight through to a full deportation appeal.

If you wish to study in the UK our experienced team can assist you in making the relevant application for Entry Clearance from abroad or make an application for leave to remain from within the UK.

Tier 4 (General)

If you wish to study in the UK an you are over 18 with a place at Tier 4 sponsored institution you will need to ensure you have the correct visas in place. Rules governing students are complex and strict and you will need sound immigration advice to ensure that you can carry out your studies in the UK.

Tier 4 (Child)

If you wish for your child to be educated at a fee paying school in the UK and they are between 4 and 17 they will require a Tier 4 child student visa. We can assist in making the requisite applications so that they are able to receive the best start in life.

If the UKBA or other government department has acted outside of its powers in an unfair or disproportionate way we have experts within our team that can prepare an initial Pre-Action Protocol on your behalf and if necessary commence full judicial review proceedings.

If the Home Office do not respond to the Pre-Action Protocol letter which is effectively a letter threatening further action if the decision is not changed or withdrawn, then we can lodge a Judicial Review application with the court. It is then for the Court to make a decision as to whether you will be granted permission to proceed with the Judicial Review.

There are strict deadlines with Judicial Review applications and if you receive a decision with no right of appeal then you only have three months from the date of the decision within which to lodge a Judicial Review with the court. However, the Courts would expect you to start such proceedings as soon as possible and not wait until just before the 3 month deadline.
Our experts have many years of experience in dealing with complex applications of this nature.

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