By Hans Sok Appady and Teni Shahian

Our client was assisted by Mr Hans Sok Appadu, Trainee Solicitor, and supervised by Teni Shahiean, OTS Principal Solicitor. The client, an Indian national who was studying in the UK, wished to remain in the country to continue to invest in his studies. Following the 2016 ‘Brexit’ referendum on EU membership creating a degree of uncertainty for our client, he was keen to obtain advice from the best immigration lawyers in London. After taking time to advise on the impact this might have and after being satisfied with the opportunities the UK would continue to offer him, we were instructed to proceed with his application for a Tier 1(investor) Visa. We secured a Super Premium Service from the Home Office, ensuring that the application was dealt with efficiently. We also drafted the details of his claim, guaranteeing a successful outcome.

By Maryem Ahmed, of OTS Solicitors 

Maryem Ahmed is a solicitor at OTS Solicitors and has extensive experience in immigration matters including; family visas, bail and detention, Human Rights and EEA residency and British Citizenship applications.

OTS Solicitors has been ranked highly by the Legal 500, and we have won numerous other awards for our immigration services (including a Global Excellence Award for the Most Trusted in Immigration Law).  OTS recently had an extraordinary success with an Adult Dependent Relative Visa being granted for the elderly relatives of a client.

About the Adult Dependent Relative Visa

Much has been made about the difficulty of getting an Adult Dependent Relative Visa granted by UK Visas and Immigration.  Since 2012, even the best immigration lawyers in London have found it almost impossible to gain entry into the UK under this category.

But our team is bucking the trend and able to point to success stories, which should provide hope to those who are desperate to bring sick and/or elderly relatives to the UK so that they can take care of them.

The rules governing the Adult Dependent Visa are exceptionally strict.  To be eligible, the applicant must meet the following criteria set out in Appendix FM of the Immigration Rules, namely:

E-ECDR.2.1. The applicant must be the-

(a) parent aged 18 years or over;

(b) grandparent;

(c) brother or sister aged 18 years or over; or

(d) son or daughter aged 18 years or over

of a person (“the sponsor”) who is in the UK.

E-ECDR.2.2. If the applicant is the sponsor’s parent or grandparent, they must not be in a subsisting relationship with a partner unless that partner is also the sponsor’s parent or grandparent and is applying for entry clearance at the same time as the applicant.

E-ECDR.2.3. The sponsor must at the date of application be-

(a) aged 18 years or over; and

 (i) a British Citizen in the UK; or

(ii) present and settled in the UK; or

(iii) in the UK with refugee leave or humanitarian protection.

E-ECDR.2.4. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must as a result of age, illness or disability require long-term personal care to perform everyday tasks.

E-ECDR.2.5. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because-

(a) it is not available and there is no person in that country who can reasonably provide it; or

(b) it is not affordable

It is rule E-ECDR.2.5 which presents the greatest hurdle for applicants seeking an Adult Dependent Relative Visa to overcome.  This is because part of the criteria for sponsoring an Adult Dependent Relative is that the sponsoring family member must show they can fully financially support and accommodate the family member for at least five years.  Logically, therefore, it is very difficult to convince the Home Office that you can afford to look after a dependent relative in the UK but not in their home country.

The extensive evidence required to show the applicant meets the criteria is set out in Appendix FM-SE: 

33. Evidence of the family relationship between the applicant(s) and the sponsor should take the form of birth or adoption certificates or other documentary evidence.

34. Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care should take the form of:

(a) Independent medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks; and
(b) This must be from a doctor or other health professional.

35. Independent evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:

(a) a central or local health authority;
(b) a local authority; or
(c) a doctor or other health professional.

36. If the applicant’s required care has previously been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available.

37. If the applicant’s required level of care is not, or is no longer, affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment and an explanation of why that payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.

If any of the evidence required is missing from the application, it is almost guaranteed to be refused.  This is why it is crucial to instruct an experienced immigration solicitor in London to provide you with the best advice and collate the evidence that needs to be presented to support your submission to the Home Office.

BRITCITS v The Secretary of State for the Home Department 

The case of Dasgupta (error of law – proportionality – correct approach) [2016] UKUT 28 (IAC), provided a ray of hope to those wishing to bring their adult dependent relative to the UK. 

The judge in the First Tier Tribunal stated:

“I find that there are such exceptional circumstances here, particularly the fact that there are children that are affected and also the cultural aspects. I find that the decision is a disproportionate interference with the family life of the Appellant and the sponsor and her children and therefore infringes Article 8 ECHR.”

The Upper Tribunal dismissed an appeal by the Home Office, stating the appellant’s Article 8 rights were engaged and that the Home Office decision to deny an Adult Dependent Relative Visa was a disproportionate interference in the appellant’s family life.

In the recent case of BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368, the Court of Appeal considered the criteria for the Adult Dependent Visa.

Britcits, an organisation established to fight for the rights of migrant families, argued that the draconian criteria for obtaining an Adult Dependent Relative Visa contravened Article 8 of the European Convention of Human Rights, as they interfered with family life.  Also, it was stated they defeated the purpose for which the law was originally made - to allow dependent adults who needed care to come to the UK.  Although theoretically it is possible to sponsor an elderly or sick relative, in practice, the obstacles are almost insurmountable.

Unfortunately, the Court of Appeal ultimately rejected all of Britcits arguments.

Lord Justice Sales stated in relation to Article 8:

“If the care required by an elderly relative cannot reasonably be provided overseas the relative may well be able to succeed in gaining leave to enter under the ADR rules; conversely, if the required care can reasonably be provided overseas, it is likely that it will not be disproportionate to apply the ADR rules with full force and effect in such a case.”

Success story

We are proud to have recently achieved the successful application of an Adult Dependent Relative Visa for a client.  The case involved two elderly relatives with impaired mental health, who had been looked after by friends in their home country.  However, the friends were becoming too frail themselves to care for the pair. 

We successfully provided expert medical evidence to show that even if care was available in the relative’s home country, both suffered from trust issues and would have likely have suffered severe trauma if they were forced to accept care from strangers.

Thanks to our detailed application and inclusion of all the relevant medical evidence, we were able to obtain Adult Dependent Relative Visas for both relatives to come to the UK and be cared for by their family.

OTS Solicitors is one of the most respected immigration law firms in London and is a Legal 500 leading firm.  By making an appointment with one of our immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.  Contact us on 0203 959 9123 to speak to one of our immigration consultants.

By Teni Shahiean, of OTS Solicitors

Teni Shahiean is a founding partner at OTS Solicitors.  She has a wealth of experience in business immigration law, commercial law and employment law and regularly advises businesses on sponsor licence acquisition and compliance.  Teni is also regularly called on to provide expert opinion on television and in print media, both in the UK and internationally.

A Tier 1 Entrepreneur Visa is one of the most difficult to obtain.  Not only do applicants have to have access to the required funds of £50,000 or £200,000, but they also need to pass the Genuine entrepreneur Test.

In 2015, the Migration Advisory Committee (MAC) released a report that stated the Tier 1 Entrepreneur Visa needed to be reviewed.  One of the main reasons cited was that some migrants were using the Tier 1 Entrepreneur Visa route to avoid the £2 million required to obtain a Tier 1 investor visa, which could lead to an accelerated settlement.  They achieved this by investing in a small equity stake of an established company but did not actively participate in running the organisation.

MAC suggested some significant changes to the existing application system.  These included:

• Appointing a panel of specialists with expertise in early-stage entrepreneurship, such as angel investors or venture capitalists;
• Recruiting specialist immigration officers qualified to review business plans;
• Working with other government departments such as UKTI or BIS, or outsourcing the assessment of business plans to a professional services firm.

As at the time of writing, these measures have not been implemented.  However, in 2015, the Genuine entrepreneur Test, has become significantly tougher.

OTS Solicitors is a Legal 500 recommended law firm.  We have won numerous other awards for our immigration service, including a Global Excellence Award for the Most Trusted in Immigration Law.  My team and I regularly support clients who are applying for a Tier 1 Entrepreneur Visa to pass the Genuine entrepreneur Test.

What is the Genuine Entrepreneur Test?

The Home Office uses the Genuine entrepreneur Test to assess your credibility.  Immigration officials will take the following into consideration when looking at your application:

• How viable and credible your source of funds is
• How much market research you have done in your chosen sector and whether you have a viable business plan
• Your business experience and academic qualifications
• Your immigration history

The two main components of the Genuine entrepreneur Test are your business plan and an interview with the Home Office.

The business plan

A key error those applying for a Tier 1 Entrepreneur Visa make when presenting their business plan is simply submitting the version they have developed for investors and lenders.  Although the financial forecast of the business is important, immigration officials are more concerned with whether you can meet the requirements of the Tier 1 Entrepreneur Visa.  These include:

• you can and will establish, take over or become a director of one or more organisations in the Britain within six months of being granted entry to the UK under the Entrepreneur Visa route
• the required money (£200,000 or £50,000) is genuinely available to you and will remain so until it is invested in a start-up or existing company
• you do not intend to have any other job in the UK and will concentrate on working in your business
• you have enough money to support yourself and any dependents who may come with you, so you do not have to rely on public funds
• you meet the English language requirements
• your organisation has the prospect of providing full-time Employment for two settled UK workers within the first three years

In addition, your business plan will need to show you have an in-depth knowledge of the industry, you have the educational requirements and the experience needed to create/grow a successful enterprise and that you understand the UK market. 

The Home Office Interview

As part of the Genuine entrepreneur Test, you may be required to attend an interview with an immigration official.  You will need to be prepared as the interviewer will ask you many questions about your background, business knowledge and industry experience to help them decide on whether to grant you entry under the entrepreneur route.

You are likely to be asked questions such as:

• who wrote your business plan?
• what is your sales and marketing strategy?
• how much market research have you done?
• do you have professional advisors in place?
• do you understand UK Employment laws?
• What connections, both personal and business, do you have in the UK?

My team and I work extensively with Tier 1 Entrepreneur Visa applicants to help them prepare for a Home Office interview.  Not only do we provide a list of possible questions, but we also coach them through answers in mock interviews, so their answers are consistent and articulate on the day.  Doing this means we have an extremely high success rate when it comes to having Tier 1 Entrepreneur Visas granted.

OTS success stories

Our client worked in the music industry in the Middle East.  They applied for a Tier 1 Entrepreneur Visa using and planned to invest in an existing business in London.  As the targeted business was not in their field of expertise and given and our client’s limited experience in this industry, we focused on detailing and showcasing all of the transferable skills from their marketing and managerial roles in the business plan and CV to fulfil the requirements of the Genuine Entrepreneurship Test.  Because of our thorough gathering of evidence, the Home Office did not require an interview with the client, and their Entrepreneur Visa was granted straight away.

Being exempted from a Genuine entrepreneur Test interview is extremely rare.  This example highlights the skills that our immigration solicitors possess to create the best business plan that will instil confidence in immigration officials.

To find out how we can help you successfully apply for a Tier 1 Entrepreneur Visa and create a successful business plan, please call us on 0203 959 9123.

OTS Solicitors is one of the most respected immigration law firms in London and is Legal 500 leading firm.  By making an appointment with one of our business immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. 

By Teni Shahiean, of OTS Solicitors

Teni Shahiean is a founding partner at OTS Solicitors.  She has a wealth of experience in business immigration law, commercial law and employment law and regularly advises businesses on sponsor licence acquisition and compliance. Teni is also regularly called on to provide expert opinion on television and print media, both in the UK and internationally.

I regularly receive instructions from clients to help them retain talented staff who have entered the UK on a Tier 5 Youth Mobility Visa.  And for good reason.  The applicants are usually university graduates from countries such as Australia, New Zealand, Canada, South Korea and Japan.  They are smart, work hard and well-travelled.  They have often become a key member of my client’s team.

Problems arise because a Tier 5 Youth Mobility Visa only lasts for two years.  After that, unless their employee can switch to another visa, they must leave the country, which can be disastrous for an employer who has come to value their skills and rely on them.

OTS Solicitors is a Legal 500 recommended law firm and has won numerous other awards for our immigration service (Including a Global Excellence Award for the Most Trusted in Immigration Law).  My colleagues and I have successfully assisted many business and Tier 5 Youth Mobility Visa holders.  We help the former retain talented employees and the latter to stay in the UK for a few more years (and some even permanently through acquiring Indefinite Leave to Remain).

When taking instructions on these types of cases, it is imperative to understand not only the requirements of the Tier 5 Youth Mobility Visa but how an employer can obtain a UK sponsor licence to enable them to sponsor their employee on a Tier 2 (General) Visa.

Tier 5 Youth Mobility Visa

The Tier 5 Youth Mobility Visa is open to citizens of:

• Australia
• Canada
• Japan
• Monaco
• New Zealand
• Hong Kong
• The Republic of Korea
• Taiwan

British overseas citizens, British Overseas Territories citizens and British overseas nationals can also apply.

Applicants must be aged between 18 and 30 and have £1,890 in savings.

Citizens of Hong Kong and the Republic of Korea must obtain a Certificate of Sponsorship reference number before they can apply.  I will discuss certificates of sponsorship further on.

If an applicant is successful in obtaining a Tier 5 Youth Mobility Visa, they can study at most institutions, work in most professions or be self-employed (as long as your premises are rented, your equipment isn’t worth more than £5,000, and you don’t have any employees).

Family members cannot apply to come with you on a Tier 5 Youth Mobility Visa; they must apply separately.

Tier 5 Youth Mobility Visas expire after two years.  There is no option to extend.  Applicants must either find a UK employer to sponsor them and switch to a Tier 2 visa or leave the country.

UK Sponsor Licences

Most employers who are looking at applying for a UK sponsor licence have very little idea of what is involved.  As a highly-ranked Legal 500 immigration law firm, we provide expert advice to employers on not only how to obtain a UK sponsor licence, but how to meet the extensive compliance requirements to prevent the licence being downgraded, suspended or revoked.

If you are an employer and wish to obtain a UK sponsor licence so you can retain your Tier 5 Youth Mobility Visa employee, you must follow a strict application process which is outlined below:

1. decide the immigration categories and tiers you wish to include on your UK sponsor licence
2. review your HR systems and ensure your business is capable of complying with the duties and responsibilities of a sponsor licence holder
3. decide which members of staff will be appointed as Key Personnel (our solicitors can carry out this function if you prefer)
4. collate the correct documents needed to submit with the application
5. decide on the number of certificates of sponsorship you wish to apply for in the first year
6. submit the online application and hard-copy documents to the Home Office
7. prepare for a Home Office visit (if requested)
8. receive your sponsor licence

 The Resident Labour Market Test

Obtaining an A-rated sponsor licence is not the end of the process to retain an employee whose Tier 5 Youth Mobility Visa is about to expire.  To recruit a non-EEA national for the position occupied by the current employee, the job will need to be featured on the UK Shortage Occupation List.  If it is not, you will need to conduct a Resident Labour Market Test to assess whether any EEA citizens can fill the position.

The Resident Labour Market Test must be done correctly. Failure to do so could result in your licence being suspended or revoked.  An immigration lawyer can provide you with the best advice on how to conduct a compliant Resident Labour Market Test.

Once you have received your UK sponsor licence, and have completed a Resident Labour Market Test, you may be able to issue a Certificate of Sponsorship to your staff member who currently holds a Tier 5 Youth Mobility Visa.  They will then be able to apply for a Tier 2 (General) Visa which will last for five years.

OTS success stories

We recently advised a client who was keen to retain a key employee whose Tier 5 Youth Mobility Visa was about to expire.  We partnered with the company, helping them successfully apply for a UK sponsor licence and run a compliant Resident Labour Market Test.  In addition, we continue to work with the organisation’s HR team on an ongoing basis, ensuring the Sponsor Management System is kept up-to-date, and all Home Office duties and responsibilities are complied with and conduct bi-annual mock audits to ensure the client’s HR systems will pass any unannounced Home Office visit.

To find out how we can help you retain talented employees by obtaining a UK sponsor licence, please call us on 0203 959 9123.

OTS Solicitors is one of the most respected immigration law firms in London and is Legal 500 leading firm.  By making an appointment with one of our business immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. 

The client, a national of a non-EEA member country, entered the UK on a Tier 1 investor visa, having previously resided in the UK as a student.

Re-Entered the UK as Tier 1 investor after gratuation

While in the UK on the student visa, the client continued working for her family's business back home, acting as liaison for the business in the UK, the US and several EU countries. After graduating from her studies in the UK, she left the country and after a while, returned back to the country on as Tier 1 (investor) migrant.

High Profile Investigations

During the client's residency in the UK as a Tier 1 investor and before her leave would expire, a high-profile investigation was launched in the US that among other businesses implicated the client’s family business and the client personally into alleged counterfeiting activity. Investigations in Germany into the same business activity followed. The client's country of origin took advantage of these investigations that were being carefully followed by the media and claiming it was part of an anti-corruption and fraud campaign started against our client and several of her associates. The techniques applied by the authorities to carry out the investigations amounted to persecution of our client and others implicated. Some of her associates were imprisoned without due process. As a result of the investigation in the country of origin, a red notice was issued by the INTERPOL on our client's name. Our client was effectively in impossibility to travel and was under constant threat of being arrested on the basis of the Interpol notice.

Previous Solicitors

The client was advised by her previous solicitors to claim Asylum. The claim failed, as the Home Office found the criminal charges brought against our client to be an evidence of prosecution not persecution and therefore not being covered by the Refugee convention. Particular weight was attached to the fact that there were western jurisdictions that were also bringing charges against the client and the businesses she had worked with.

Instructing OTS Solicitors Appeals and Litigation Team

The client approached OTS Solicitors to represent her case in the appeal. At that point, as a result of her Asylum claim, her Tier 1 investor visa had been cancelled and the Client had no alternative basis to stay in the UK apart from the ongoing appeal.

Cross-Border Jursidictions

As the case involved complex issues and cross-border jurisdictions, our Appeals and Litigation team conducted a thorough initial assessment of the case, prior to lodging the appeal. The client was meticulously advised of the strengths and weaknesses of their case, of the evidence that would be required of them to produce to strengthen the claim and on the procedures. Throughout the entire time, our Appeals and Litigation team maintained contact with the client and their overseas legal representatives, closely monitoring the development of the overseas investigations and their outcomes.

Adjournment and Best Chances of Success

To give the client the best chance of success, our team asked for adjournment of the initial hearing on the basis that the outcomes of the overseas investigations where crucial to the Asylum claim and there were clear indications that the criminal cases brought against our client in the US and German jurisdictions were going to be dismissed. Although adjournment was initially refused, our team managed to secure adjournment of the hearing on different bases, on the date of hearing. Having succeeded on this first step, the team continued to work tirelessly to secure the best result for our client.

Overseas Representative

Our Appeals and litigation team continued to maintain close contact with the overseas representatives and monitor the cases that eventually were dismissed, all the charges against our client being dropped in the US and Germany. The country of origin, however continued to persist in their criminal proceedings against our client.

UK Human Rights Obligation and Violations of Refugee Convention

Before the Tribunal, evidence was produced of the country’s record of Human Rights violations during the investigations of crimes, together with evidence that fair trial was unlikely to be accessible to our client. Further to this, evidence was produced on the prison conditions in support of the argument that returning the client to her country of origin knowing that the custodial sentence was highly likely to be applied, was already a violation of the UK’s obligations under the Refugee Convention.

Appeal Allowed on Human Rights Article 3 Grounds and Refugee Convention

The client’s appeal was allowed and it was considered that returning the client to her country of origin would result in the UK’s breach of obligations under the Refugee convention, as they would face violation of their rights under Article 3 and of the European Human Right Convention. 

Teni Shahiean – Principal and business immigration Specialist

Background

Lusine was instructed by a financial technology company who wanted to hire an international student who was interning at the company but whose visa was soon to expire.

How we helped

Because the employee’s existing visa was due to expire, Lusine ensured that the application for the sponsor licence was expedited.  She was also extremely diligent in ensuring all the necessary documentation was collated and the application form was filled out correctly so no delays would be incurred.

Follow-up Support

Our client’s application is still pending.  Once it is approved, we will assist them with obtaining a Certificate of Sponsorship and ensuring they remain compliant with their sponsor obligations.

Solicitor – Teni Shahiean – Partner and co-founder of OTS Solicitors

Background

Our client was an international bank based in London who required a sponsor licence to employ a staff member working in an overseas branch of the organisation.  To gain entry into the UK, the employee had to apply for a Tier 2 (Intra-Company Transfer) Visa.

How we helped

Teni worked with the bank closely, taking the time to understand their reasons for needing the sponsor licence and ensuring that a Tier 2 (Intra-Company Transfer) Visa was the best strategy to use.

Once she established that it was, she made the application for the sponsor licence.  Because she partnered closely with the bank’s HR team, she was able to advise on all the supporting documentation that UK Visas & Immigration would require to approve the application quickly.

The process was smooth and efficient, with the sponsor licence being granted in under four weeks.

Teni then organised a Certificate of Sponsorship for the employee who would be applying for the Tier 2 (Intra-Company Transfer) Visa.  This was obtained within two weeks because of her in-depth understanding of the process and what is required to ensure applications for a Certificate of Sponsorship are submitted correctly the first time so no unnecessary delays occur.

Follow up support

Teni and her team provided the bank’s HR and Compliance Officer with the knowledge they require to meet their ongoing regulatory obligations under the sponsor licence regime.  They continue to be on hand to offer advice and training as and when required.

Solicitor – Teni Shahiean – Partner and co-founder of OTS Solicitors

Background

Our client operated in the financial sector and was based in London. They required a sponsor licence to employ a staff member already working for the organisation whose existing visa was about to expire.  The employee needed to apply for a Tier 2 (General) Visa to remain in the UK and to do this our client had to sponsor him.

How we helped

Teni and her team partnered closely with the businesses HR team, advising both them and the employee on the best steps to take to ensure a successful outcome would be achieved.

An application for the sponsor licence was made and quickly approved. 

Teni then organised a Certificate of Sponsorship for the employee who would be applying for the Tier 2 (General) Visa. 

Follow up support

For organisations planning to recruit talent from outside the EU, it is imperative that they have all the supporting documentation required to make business visa applications easily accessible.  At OTS Solicitors, we work with organisations over the long term, making a point of understanding their business and their commercial ambitions.  This allows us to advise them of the documentation they will need to collate if they wish to grow in the future and need to make a fresh hire or seek an intra-company transfer to fill the position they have available.

Our client TZ, a national of China, approached OTS Solicitors after refusal of her leave to remain as a Tier 1 Entrepreneur Visa and a high net worth investor. She had previously been granted leave to enter as Tier 1 entrepreneur applicant and had established successful businesses in the UK into which she had invested significant amount of funds. At the time of her extension application she was the director of the company she incorporated and was employing 4 workers.

Her Tier 1 entrepreneur extension application was refused for alleged failure to provide a piece of specified evidence. As our client approached our business investment and immigration department after refusal of her application that carried a right of administrative review our business immigration lawyers conducted an initial consultation to assess the reasons of refusal and any possible grounds of challenge.

The client was advised that the missing evidence was not mandatory, as the other documents provided with her leave to remain application provided the specified information. She was also advised of her options and that administrative review was her next step as an investor she would not have a right of appeal. She was advised that this was a statutory remedy and, although it was unlikely to succeed due to the Home Office established practice of refusing administrative review requests, our lawyers explained that any judicial review claim was unlikely to succeed if administrative review was not sought.

While administrative review was pending, our investment and Tier 1 entrepreneur immigration team requested the client's file from previous representatives, in order to carry full assessment of the case to detect any possible and hidden issues that might lead to further refusals.

After receiving the expected refusal of the administrative review, our lawyers issued the Home office with a pre-action letter requesting withdrawal of the erroneous decision and reconsideration of our client's Tier 1 entrepreneur decision. Our business immigration lawyers argued that specified information had been provided and as such was sufficient. Further to this, argument was made, based on home office evidential flexibility policy, that the Respondent should have requested any such further evidence they felt necessary for considering the application.

No response was received in the 14 days allowed for the Respondent to respond to the pre-action letter. judicial review proceedings were started and lodged. On the same day, after the lodging of the judicial review claim, response was received from the Respondent, agreeing to reconsider our client's application. Negotiations started with the Respondent to settle the judicial review claim and the Respondent, also agreed to pay our client's costs.

Shortly after, our business immigration team was contacted by the Home Office confirming a new decision was made and that our client was to be granted 2 years further leave in Tier 1 entrepreneur category and our client would continue to invest in ther UK businesses.  

Our client, Dr W, is a Sri Lankan citizen. She came to the UK as a student and later on secured an Employment in the UK. Due to the nature of her Employment and the work she was carrying out, she had been required to travel and carry out work outside of the UK on regular basis. This had resulted in our client accumulating more absences from the UK than is acceptable under the residential requirement rules for the application for naturalisation as British Citizen.

Our client approached OTS Solicitors seeking advice on the requirements for naturalising as British citizen and the chances of success of such an application, considering her particularly difficult circumstances. After the initial consultation with Dr Lusine Navasardyan, where the client received comprehensive immigration advice on the requirements for naturalisation as British citizen and in particular, the points of difficulty of her case –the excess absences, our client was encouraged to apply for naturalisation. Our client was advised that there were arguments in support of her case and received a thorough explanation on how we intended to tackle all the issues in her application.

Grounds of a successful application

Upon the application being submitted, no issues were encountered in meeting the general requirements, except that in the last five years she had considerably more absences than the allowable amount. What was even more important, she had excessive number of absences in the last 12 months before the application. This would have usually resulted in an decision to refuse the application under Paragraph 4.1.2 of the Nationality Instructions, Annex B. However, we addressed this issue within our legal representations arguing the excessive absences where unavoidable due to the nature of her career, and that her work was extraordinary beneficial to the UK.  We have relied on the desertion vested in the Secretary of the State to waive certain requirements to be met when applying for British Citizenship We further worked with the client to aid her in gathering the necessary evidential support for our arguments in the legal representations. On these grounds, and coupled with the appropriate evidence collated and presented within our representations, our client’s case for British Citizenship was successful.

This case was a success due to the application carried out by OTS lawyers

We successfully assisted a Jordanian national, who had recently married his EU National partner, with applying for a Residence Card. He was wrongly advised by his previous representatives which lead to his applications being refused and significant crdibility and evidencial issues at Appeal. 

After our initial consultation a number of evidencial matters were clarified with the client and with our assistance a new set of documents were collate for their new EEA Application to the Home Office. 

The Advantages of a Residence Card

If you are a family member of an EEA national, (as our client was), you can apply for a Residence Card.  A direct family member, such as a spouse or a child of an EEA national does not have to apply for a Residence Card to stay in the UK; however, it can:

• allow you to re-enter the country more easily on returning from abroad
• prove to employers that you can work in the UK
• help you qualify for certain benefits and services

Further to submitting our client's new EEA Application and without the need for any further legal battles with the Home Office our client was soon provided a Residence Card which will last for five years, after which they will be eligible to apply for a permanent residence Card. 

This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.

To find out how we can help you with your immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.

Mr C, an Angolan national, came to us after being detained by the Home Office.  He was separated from his wife, who was a European national, with whom he had two children.  Being held in detention was particularly distressing for him, as he was unable to see his family during this time.

How we Helped

Within two weeks of instructing us, Mr C was released from detention and reunited with his family. 

To achieve this, we requested and urgent update of our client's immigration history form the Home Office and applied for further douments under the Freedom of Information Act. With the documents required to support his application we prepared legal representation under the EEA Regulations and applied for our client to be issued with an Residence Card, whilst also requesting his release from detention, as it was unlawful.

A Residence Card can be applied for by anyone from outside the EEA who is a family member or an extended family member of an EEA national.  By having a Residence Card, you will be able to re-enter the country more easily after travelling abroad, apply for certain benefits, as well as prove to employers you are able to work in the UK.

Temporary admission into the UK can be granted whilst an applicant is waiting on a decision pertaining to their case.  It is used as an alternative to detention  and is often granted with conditions attached, such as the applicant must live at a particular address for a certain period of time. However, we ensured that our client was released and his application given substantial consideration without maintaing him in detention centre.

This work was carried out by Principal Solicitor Teni Shahiean with the assistance of Senior Caseworker Nataliya Bondarets.

To find out how we can help you with your immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.

BA, who is originally from Nigeria, came to us after two discretionary leave to remain applications had been declined without right of appeal and the Court refused to grant her leave for a judicial review as to why a right of appeal was refused.

BA had been an overstayer in the UK for eleven years; however, she was married to a British national, and had a baby boy who was born in the UK. 

How we Helped

If an individual has overstayed their visa entitlement, they are entitled to apply for Discretionary Leave to Remain in the UK on the basis that by removing them from the country, the UK Border Agency would be breaching the Government’s obligations under Article 8 of the European Convention on Human Rights.  Article 8 states that a person has the right to a private and family life.

BA had clearly created a family life here in the UK; therefore, we made a fresh application under Appendix FM EX1.  Paragraph EX1 can be used to apply for leave to remain in the UK by a person who has a genuine and subsisting parental relationship with a child, who is under 18 years, a British citizen, and for all intents and purposes, cannot be expected to leave the UK if the parent is removed.

Our application was successful, and BA now has leave to remain in the UK with her husband and son, free from any immigration worries.

This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.

To find out how we can help you with your immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.

Mr B was a Nigerian national with four dependents, (a wife and three children).  The entire family had overstayed their visa and were facing deportation.

We assisted Mr B in preparing a strong application to stay in the UK on Human Rights grounds with a view to being granted an appeal to challenge the Home Office decision. With sucessfully obtaining a right of appeal we worked along side the UK's best immigration barristers and a team of soliciotrs from our firm ensured that every detailed aspect of the case was presented to the Immigration Judge for a sucessful outcome. We were pleased to inform our client shortly after the heaering that they had been sucessful on Human Rights grounds and the whole family had been granted leave to remain in the UK.

Applications under Human Rights Grounds.

Most applications brought by overstaying families who want to remain in the UK are made under Article 8 of the European Convention of Human Rights.  Article 8 states that everyone has the right to a private and family life, free from state interference.

Applicants can appeal under Article 8 if they can show that removal from the UK would result in unreasonable disruption to their family life.  In order to succeed with an Article 8 appeal, it is imperative to instruct a recommended immigration Solicitor who has experience in such cases as they can be complex.  OTS Solicitors have a proven track record of successfully appealing decisions from the Home Office on Human Rights grounds and achieving the best outcome for their clients at immigration appeal hearings.

This work was carried out by Principal Solicitor Teni Shahiean with the assistance of our Appeal team and Senior Caseworker Nataliya Bondarets.

To find out how we can help you with your immigration appeals and Human Rights application, please contact our London office on 0207 936 9960, to talk to one of our recommended immigration Solicitors.

Acting for Kenyan national in a Court of Appeal case in relation to a Human Rights Application on both Article 3 and Article 8 of the European Convention on Human Rights. The Appellant fears return on account of his imputed political opinion and a challenge has been mounted with a view to Ordering the Secretary of State to reconsider the Appellant’s Human Rights and Asylum protection claim and to make a new decision in the best interest of the Appellant’s British children in the UK. The proceedings have been settled and the Respondent Secretary of State has admitted to conceeding that the previous Immigration Appeal hearing was decided in error of the law. The Home Office have therefore addmitted that the case should be sent back to the previous court and have also confirmed the evidence that should be considered which they nor the court considered in unfairly refusing the clients case the first time. Home Office has also agreed to pay client's full legal costs subject to review.

Acted for Ghanaian national in High Court judicial review damages claim to challenge Home Office’s delay in providing Indefinite Leave to Remain. The detrimental impact of this delay such as mental health and injury to feeling meant the one of the remedies we secured for the client was financial compensation from the Home Office. Our specialist Judicial Review Solicitors not only secured financial compensation paid by the Home Office to our client but settled terms that held the Home Office liable to pay our client’s legal costs in the case.

As an immigration solicitor I never get use to the excitement and thrill of calling my clients and letting them and their family members know that they have been awarded their visa or settlement in the UK. In most cases they sense the excitement in my voice and they know before I’ve said anything. This is one experience every immigration solicitor can relate to, and year on year the satisfaction of telling the family you have worked so hard for to ensure they are finally allowed to remain in the United Kingdom lawfully and to make a positive contribution and enjoy a fulfilling life for themselves and their families becomes more and more rewarding.

In this case I was instructed by the client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’). The main issue in this case related to the correct application of the new Immigration Rule, and unlawful breach of client’s Article 3 [inhumane and degrading treatment] and interference with Article 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, and through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs. Following the judicial review and upon review by the Home Office of her decision, my client was granted leave to remain with her daughter also obtaining the same leave in line with her mother. My client recently received her biometrics residence permit and it was always very rewarding to work for her. Today she is in a position to make positive contributions to UK society and raising her daughter in a safe and stable environment. 

Client A, a national of India had leave to remain as a Tier 2 (General) worker, but had reached ten lawful years of residence in the UK through various visa routes they had been granted whilst in the UK. A also had a dependant wife in the UK. A instructed the head of our immigration department, Teni Shahiean to assist and prepare the client's Indefinite Leave to Remain application in the UK based on his long residence. This was granted to him within a very short time. Miss Shahiean then advised the client on an application under Appendix FM for his wife to gain leave to remain which would lead to her own Indefinite Leave to Remain in the shortest time. The client and his wife were pleased with the advice and instructed our team to then apply, this time the spouse of a settled person for his wife. With our assistance the client collated all the evidence under Appendix FM and we provided advice on including evidence to meet the financial, English language and accommodation requirements and B was successfully granted her leave to remain as a spouse for 30 months. After 30 month our client will be eligible for Indefinite Leave to Remain.