Immigration
OTS Solicitors is recognised as one of the UK's leading immigration law firms, with over 60 years of combined experience and knowledge in immigration law our award-winning solicitors are ultimately here to ensure that you get the best immigration services in London and the UK.
To speak to our top Legal 500 leading immigration solicitors based in the City of London, please contact us on 0203 959 9123 or contact us through our online enquiries form.
Our immigration team is made up of solicitors that have been highly recommended and ranked as top UK immigration lawyers. We hold the highest Law Society Accreditation award in Immigration law and the team are headed by a former immigration judge, and founder member of Immigration Law Practitioners’ Association (ILPA) and President of the European Immigration Lawyers Group. We have over 60 years of combined experience in immigration and nationality law.
We not only pride ourselves on high success rates and exceptional standards of immigration services, but also on fairness and transparency when it comes to costs. The first step we take with our clients is to have a telephone discussion to enable the client to get to know their solicitor and for our solicitors to have a detailed understanding of the client’s case before proceeding to consultation.
We believe our business begins and ends with our client and we are committed to providing the best client care and immigration advice in the UK.
Our Head of Department Teni Shahiean is a Legal 500 recommended immigration lawyer. She has developed a practice with some of the best and highly experienced immigration lawyers in the UK, such as Paul Gulbenkian a former Immigration Tribunal Judge and Crown Court Recorder and together with Oshin Shahiean Senior Immigration Solicitor they have established a reputation for providing accurate and strategic immigration law advice.
Individual Immigration Advice and Services:
We are one of the UK’s top firms for immigration solicitors and civil liberties lawyers. We can advise on a broad range of individual and business immigration issues including Appeals and Refusals, Judicial Reviews, Spouse Visas, Student Visas, Work Permit Visas, Indefinite Leave to Remain, EEA Applications, Asylum and Human Rights, British Citizenship, Business Immigration Visas, sponsorship licence Applications, Innovator and Start Up Visas and Investor Visas. Our top immigration solicitors and lawyers are here to assist your throughout the immigration process.
If you are already settled with Indefinite Leave to Remain, or a British national and you are hoping for your partner/husband or wife or other family members to gain a residence permit of Permanent Residence with you in the UK, our top immigration lawyers have the expertise to provide advice, practical assistance, professional representation or court representation from start to finish. Our solicitors will provide the best immigration advice, which is tailored for each client.
Our solicitors get personally involved all the way through the process to minimise any stresses. Our highly qualified ranked team advises private clients as well as corporate, investors, and start-up or Innovators moving to live and work in the UK.
Business Immigration Advice and Services:
As well as private Immigration law cases, we can help with all your business immigration law matters including: Investors Visas, Innovator Visas and Start Up Visas, Sponsorship Licences, illegal working compliance, Points Based System, Sponsor Skilled Workers, Global Migration Planning, Temporary Workers, Education Institutions, Transfer Within the European Union, Refusal and Judicial Reviews, Sole Representatives. We are here to help you with all types of business immigration matters whether it is:
• Tier 1 Entrepreneur Visa Extension / Settlement
• New Innovator Visa - at least £50,000 investment
• New Start Up Visa
• Tier 1 Investor Visa / Entry / Extension / Settlement
• Tier 1 Exceptional Talent Visa / Entry / Extension / Settlement
• Tier 1 Graduate Entrepreneur Visa / Entry / Extension / Settlement
• Sole Representative of an Overseas Business
• Tier 2 Sponsorship Licence Applications
• Tier 2 Sponsorship Licence Audits and Compliance
• Tier 2 Sponsorship Licence Renewal
• Tier 2 Sponsorship Licence Revocations
• Tier 2 (General) Visa
• Business Visit Visa
We work closely with our high net worth clients no matter the size or complexity of their business or investment in the UK, we can meet you at our offices, at your place of choosing, or even online via Web Conferencing such as Cisco WebEx or Skype.
We take the time to understand our clients to provide them with the best bespoke and individually tailored service. Our top immigration lawyers work closely with you to understand your business or investment objectives and will assist you with your business planning through our in-house business and corporate lawyers. By provide strategic business and immigration advice, our lawyers have consistently and successfully assisted our business clients to navigate through the UK’s complex immigration rules and business visa criteria. Our firm prides itself with having an unmatched high success rate in handling business immigration requests.
Our Immigration Advice and Services:
• Entry Clearance Visa / Leave to Remain Services
• Super Premium Service
• Premium Service At PEO in Croydon
• Immigration Appeal
• Immigration Judicial Review
• Administrative Review
• Indefinite Leave to Remain
• Permanent residency
• 10 Years Settlement Applications
• Long Residence Application
• Human Rights Law
• Article 8 and Article 3 Human Rights Application
• Human Rights Application
• EEA - Residence Card Applications
• EEA - Extended Family Member Visa Applications
• EEA - Retention of Right of Residence Applications
• EEA Visa Application - Appeal
• Fiancé / Spouse Visa Application - Appeal
• Family Visa Application - Appeal
• Parent Settlement Application
• Domestic Violence Visa Application
• Tourist Visit Visas
• Tier 1 Entrepreneur Visa Extension
• Investor Visa and Investor Visa Extension
• Start Up Visa and Start Up Visa Extension
• Tier 1 Investor Visa Application and Review
• Tier 2 Sponsorship Licence Audit, Maintenance and Compliance
• Tier 2 Work Permit Application and Review
• Tier 2 Intra Company Transfer Visas and Review
• Tier 2 Sports Person Visas and Review
• Tier 4 Student Visa Application and Review
• Sole Representative Visa Applications and Review
• Sponsorship Licence Applications and Review
• Domestic Worker Visa Applications and Review
• Asylum and Human Rights Application
• Naturalisation
• British Citizenship
• British Passport Applications
• Deportation and Removal Injunctions
• Immigration Bail Application
• Temporary Admission / CIO Bail Application
• Immigration Advice on Complex Immigration Matters
We have two Rules for providing the Best Immigration Advice and Services to our clients:
1. We focus on serving our clients
From the very beginning it has been our focus to serve you, our clients. It is very simple, we can only succeed if you succeed, and as such we are ultimately here to ensure you get the best immigration services and that we take great care that these services are provided really well.
2. To Specialise in one area of law, Immigration
We are dedicated specialists in Immigration Law. Our head of department Teni Shahiean has been a Legal 500 recommended immigration lawyer from 2012 to 2015, we are also Law Society Accredited Immigration advisers and supervisors, with a combined 60 year of experience and knowledge in immigration law. Our senior solicitor is a former Immigration Tribunal Judge, and by dedicating to one area of law we have been able to solve some of the most complex immigration cases in the UK. This way we ensure the best immigration services to all of our clients.
For a more detailed discussion regarding your case, or to book an appointment with a member of our Immigration team, please call us now on 0203 959 9123
Immigration Success Stories
There has been negative press about the new Innovator Visa, so OTS Solicitors thought we would share an Innovator Visa case study to show that applicants are successfully starting to make UK Innovator visa applications.
The adverse publicity surrounding the Innovator visa stems from:
How can OTS Solicitors help?
An Innovator Visa case study
An innovative business
Scalability
Innovation as a route to settlement
How can OTS Solicitors help?
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 Oshin Shahiean and Hans Sok Appadu, of OTS Solicitors
Oshin Shahiean is a founding partner at OTS Solicitors. He has years of experience in immigration law and has handled hundreds of applications from EEA nationals for Permanent Residence Cards. Oshin is also regularly called on to provide expert opinion on television and print media, both in the UK and internationally. Hans Sok Appadu is a senior Level 2 Accredited advisor and Trainee Solicitor.
OTS Solicitors is a Legal 500 recommended law firm, and we have won numerous other awards for our immigration services (including a Global Excellence Award for the Most Trusted in Immigration Law). Oshin and Hans regularly advise and represent high-profile people who are seeking Asylum in the UK.
The rules around seeking asylum in the UK
If a person is facing persecution in their own country, they can escape to another nation and ask to claim Asylum.
Strict international laws and conventions govern Asylum, and the UK is a signatory to all major international treaties governing refugees.
Even if you enter the UK illegally, once you have claimed Asylum you are no longer considered an illegal immigrant and you are entitled to protection while your claim for Asylum is being processed.
The two pieces of international law that govern the Asylum process are:
1951 Geneva Convention Relating to the Status of Refugees – 145 States have ratified this convention. It defines what a refugee is, outlines their rights and states the legal obligations ratifying countries have to protect them. Its core principle is non-refoulment, which means that no State can return an Asylum seeker to a country where they face persecution. The non-refoulment principle is now so entrenched, it has become part of customary international law. To be classed as a refugee, a person must show they have a well-founded fear of persecution due to their race, religion, nationality, political opinions, or membership of a social group, and are unable or unwilling to seek protection from the authorities in their own country. The chance of future persecution can be considered under the 1951 Convention, even if no actual persecution took place before the Asylum seeker fled.
1950 European Convention on Human Rights (ECHR) – if removing a person would breach their rights under this Convention, they may be entitled to claim Asylum in the UK. Most claims are based on a breach of Article 3 (right to freedom from torture and inhumane/degrading treatment) and Article 8 (right to private and family life). The UK’s ratification of the ECHR is unrelated to its membership of the European Union. A claim under the ECHR can be brought in conjunction with a claim under the 1951 Geneva Convention Relating to the Status of Refugees, or it can stand alone.
The Common European Asylum System
The Common European Asylum System is designed to unify the Asylum process across the UK, and all Asylum claims made in an EU country must be considered in light of its provisions. The Reception Conditions Directive sets out the minimum standards of reception (housing, welfare support, health care etc.) that states must provide to Asylum seekers.
Included in the Common European Asylum System (CEAS) is the Dublin Regulation, which allows Member States to return Asylum seekers to the first Member State in which they passed through where they should have claimed Asylum. This is designed to prevent floods of migrants entering Europe through the poorer Southern European countries such as Italy and Greece and moving onto richer countries such as Germany and the UK (which is exactly what happened during the migrant crisis of 2015-16).
There have been two standards set by the CEAS in separate years. The UK opted into the first round in 2005 which set the minimum standards, but decided to opt-out of the second which set common standards. The CEAS has repeatedly been criticised for being too harsh on Asylum seekers.
Once Britain leaves the EU, it is not required to be part of the Common European Asylum System, but it may still choose to do so by negotiating an agreement with the EU.
How a decision on an asylum seeker is made
A claim for Asylum should be made as soon as possible after you enter the UK. Failure to do this may result in you not receiving money and accommodation from the State.
You will need to attend a screening interview, where your name and other details are collected, and an immigration officer will check if you have claimed Asylum in any other European country. Following this, you will attend an Asylum interview, where your assigned caseworker will hear your story and discover why you cannot return to your home country. In some cases, following this interview, you may be taken to Harmondsworth Immigration Removal Centre or Yarl’s Wood Immigration Removal Centre. If this happens, your application will be fast-tracked, meaning the entire decision and appeal process should be completed within 10-14 days.
If you are not detained, you may need to wait up to six months for a decision on whether your Asylum has been granted.
If your claim for Asylum is refused, you will normally have the right to appeal to the First-Tier Tribunal.
Case Study
Our client was from South East Asia and was an active member of a prominent political party. The Home Office refused our client’s Asylum claim and their subsequent appeal was dismissed by the First Tier Tribunal (FTT). The judge did not take the view that our client’s evidence was credible. The client instructed us to deal with their fresh claim, which was based on the latest developments in their home country and their involvement when a senior Minister of that country visited the UK. Our client had various arrest warrants issued against them in their home country and their name was mentioned in various newspapers in South East Asia. We reviewed the merit of the client’s claim and established that it passed the fresh claim threshold. We then prepared a submission on their behalf, after instructing an expert to provide us with an opinion about the risk for someone in our client’s position of returning to their home country. The claim we submitted, along with the expert’s opinions, was persuasive. We instructed expert counsel to give their opinion on the matter. We then booked an appointment with UK Visas and Immigration (UKVI) and our client travelled to Liverpool to submit their fresh claim. A few months later, the claim for Asylum was allowed and our client was granted refugee status without needing to make a further appeal.
By organising expert opinions from a leading barrister and someone with a strong knowledge of the political situation in our client’s home country, we were able to overcome any credibility issues our client faced.
Our immigration solicitors in London can provide the best advice and representation in relation to obtaining Asylum in the UK. Our team is friendly, professional, highly responsive and always available to answer our clients’ questions.
OTS Solicitors is one of the most respected immigration law firms in London and is a Legal 500 leading firm. We work with many businesses and individuals, both in the UK and the Middle East. 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. Please contact us on 0203 959 9123.
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 Oshin Shahiean, of OTS Solicitors
Oshin Shahiean is a founding partner at OTS Solicitors. He has years of experience in immigration law and has managed numerous judicial review applications. Oshin is also regularly called on to provide expert opinion on television and print media, both in the UK and internationally.
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 team and I regularly advise and represent EEA and non-EEA migrants who are in detention or facing deportation.
Immigration bail is a vital lifeline for migrants being held in detention. The UK government has repeatedly been criticised for detaining migrants too frequently and for too long.
According to a report by the BBC in March, four men were found to be held for two years at Brook House Immigratio Detention Centre. Prison inspectors discovered the average period of stay at the facility near Gatwick Airport had risen from 28 to 48 days.
Twenty-three people were held for more than a year.
The increasing length of immigration detentions has been blamed on delays in decision-making.
What is immigration bail?
If you are being detained by the Home Office on immigration charges and/or awaiting deportation, you can apply for immigration bail while your case is waiting to be dealt with. It does not matter whether you are being detained in a detention centre, immigration removal centre or prison, as long as you are being held on an immigration matter.
If you have been detained for less than seven days, an application for bail can be made to the Chief Immigration Officer (CIO).
If you have been detained for more than seven days, a bail application must be heard before an immigration judge.
If bail is granted, you will normally have to obey one or more of the following conditions:
- remain at a specified address.
- present yourself at a police station or immigration officer on specific dates
- provide sureties
It is crucial to instruct an experienced immigration lawyer to help you with your bail application to ensure it has the best chance of success.
A surety is a guarantee from another person that you will keep to the conditions of your bail and not try and disappear from authorities. They will offer a sum of money, which if you abscond or break your bail conditions, they will have to pay.
Many migrants who are detained by the Home Office do not know anyone in the UK who can provide a surety on their behalf. If you are in this situation, you may be able to persuade a charity to act as a surety on your behalf.
If you have broken the terms of your bail in the past or have committed serious criminal offences, you may be denied bail.
If you were refused bail in the last 28 days, you probably won’t get another hearing unless your situation has dramatically changed.
Changes to immigration bail under The Immigration Act 2016
The Immigration Act 2016 made significant changes to immigration bail making it lawful to set bail conditions when a person is released from immigration detention even if they cannot lawfully be detained again. This reversed a judgment of the Court of Appeal which had found that if there was no legal basis for detention, there was no legal basis for setting bail conditions. The change is retrospective, so it applies to bail granted in the past, rendering conditions imposed lawful, as well as to the current and future bail provisions.
The Immigration Act 2016 also made provisions for electronic monitoring – ‘tagging’, to be made a condition of granting bail for those who have been convicted of a criminal offence, unless the Home Office deems it impractical or it will breach the migrant’s Human Rights.
Breaching bail
If you breach your bail conditions, you could be returned to detention. The person or charity that has acted as a surety could also be obliged to pay money to the courts. If you do need to modify some of the conditions, such as change your address, you should notify the Home Office straight away and obtain permission.
OTS Success Stories
Our client was from South East Asia. They were serving a prison sentence in the UK. Their release date was late 2016. A deportation order was served on them, and they were further detained under immigration powers pending deportation to their home country. We made representation to the Home office to challenge the deportation order, but these representations were refused. Within our pre-action protocol letter, we provided the Home Office with evidence that our client did not have anyone in Bangladesh, but had a spouse and child in the UK. We initiated legal proceedings in the form of an application for judicial review. Specifically, we challenged the decision on the grounds of family and private life under Article 8 of the European Convention on Human Rights and Section 55 of the Borders Citizenship and Immigration Act 2009, which covers the best interest of the child. As we took the view that deportation was not imminent, we applied for our client to be released on bail. This was granted, and they were able to see their child. The judicial review is currently pending with the Upper Tribunal.
Our immigration solicitors in London can provide the best advice and representation in relation to obtaining immigration bail. We also advise on challenging an immigration decision via judicial review or via an appeal on Human Rights grounds.
OTS Solicitors is one of the most respected immigration law firms in London and is Legal 500 leading firm. We work with many businesses and individuals, both in the UK and the Middle East. 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.
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.
Under UK law, everyone, irrespective of the evidence against them, is entitled to a defence. This principle is especially applicable in cases involving Asylum, whereby a person’s Human Rights may be violated if they are returned to their country of origin.
Asylum seekers need not be destitute, despite being portrayed as such by the media. Countries that do not have a strong Human Rights track record, including some in the Middle East, South East Asia and Africa, do not necessarily distinguish between wealth and rank. If a person faces criminal prosecution in certain countries, their access to justice can be severely limited and incarceration inhumane.
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 team and I regularly advise high-net-worth clients who have entered Britain on a Tier 1 Entrepreneur Visa or a Tier 1 Investor visa, who are facing charges in their home country, claim Asylum.
The basic elements of a Tier 1 Entrepreneur Visa and a Tier 1 Investor Visa
Both Tier 1 Entrepreneur Visas and Tier 1 Investor Visas tend to be acquired by people of reasonable or considerable net worth, due to the investment funds required to qualify for this type of entry visa.
To qualify for a Tier 1 Entrepreneur Visa, the applicant must have:
- Access to funds of either £50,000 or £200,000 (there are different rules for each amount). If you have access to £50,000 it must come from either:
- a UK entrepreneurial seed funding competition endorsed by the Department for International Trade (DIT)
- a UK government department making funds available for setting up or expanding a UK business
- a venture capital firm registered with the Financial Conduct Authority (FCA)
If you have access to £200,000, the funds must be:
- your own money
- provided by other people (‘third parties’), such as a spouse, partner or Investor
- in a joint account with your spouse or partner (however, they cannot be applying for a Tier 1 (Entrepreneur) visa)
You will also need to pass an English language requirement, have additional funds to support yourself during your time in the UK, score at least 95 points and be 16 years or older.
You can choose to launch a new venture in the UK or invest in an existing company. However, if you are doing the latter, you must be a director of that company and be fully involved in the management and running of the organisation.
Finally, you will need to pass the “Genuine Entrepreneur Test” which will require you to submit a business plan which will be inspected by immigration officials and perhaps attend a Home Office interview.
The Tier 1 Investor visa is designed for high-net-worth individuals who wish to settle in Britain and can invest considerable sums of money in the UK economy.
To be eligible for a Tier 1 Investor visa, you will need to show:
- you have access to £2million in funds, held in one or more regulated financial institutions which are available to you for investment in the UK
- have opened a UK bank account
- be 18 years or older
Unlike most other visas, there are no English language requirement to be met.
Both the Entrepreneur and Investor visa route provide for accelerated settlement provided certain conditions are met.
Claiming asylum
If you wish to stay in the UK as a refugee, you must claim Asylum. You can be granted Asylum if you have left your country of origin and you fear to return because of persecution.
Generally, Asylum-seekers should claim Asylum as soon as they arrive in the UK as their chances of being declined increase the longer they delay their application.
The risk of persecution you face if returned to your home country must be because of:
- your race
- your religion
- your nationality
- your political opinion
- anything else that puts you at risk because of the social, cultural, religious or political situation in your country, for example, your gender, gender identity or sexual orientation
To be granted Asylum, you must have been unable to gain protection from authorities in your own country.
To be granted Asylum, you will need to attend an Asylum interview. Here you will be asked questions about how you were persecuted in your home country and why you are afraid to return. You should also bring your birth certificate, passport, and medical records if you have them (although it is acknowledged that many people fleeing a country will not have these documents with them).
You are entitled to have an immigration solicitor with you at the Asylum interview to provide you with the best advice. OTS Solicitors is highly experienced in attending Asylum interviews and supporting clients through them.
OTS success stories
Dr Lusine Navasardyan and I recently assisted a client who had entered the UK on a Tier 1 Investor visa. The client’s business became involved in allegations of corruption and the client’s home country issued an arrest warrant. Our client was also put on INTERPOL’s wanted list.
Our client sought Asylum in the UK but was refused on the grounds that it was prosecution rather than persecution they were facing in their home country.
The client approached OTS for their appeal, and we represented them throughout. Our central argument was that irrespective of whether the client was indeed guilty of the charges brought against them and whether the allegations of corruption against the police in their home country, raised by the client, were true, they faced immediate danger of arrest upon return to their nation of origin. Prison conditions were known to be inhumane, and our client would have had poor quality access to justice.
The appeal was granted on this basis.
To find out how we can help you successfully apply for a Tier 1 Entrepreneur Visa or Tier 1 Investor visa or claim Asylum, 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 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:
- decide the immigration categories and tiers you wish to include on your UK Sponsor Licence
- review your HR systems and ensure your business is capable of complying with the duties and responsibilities of a Sponsor Licence holder
- decide which members of staff will be appointed as Key Personnel (our solicitors can carry out this function if you prefer)
- collate the correct documents needed to submit with the application
- decide on the number of certificates of sponsorship you wish to apply for in the first year
- submit the online application and hard-copy documents to the Home Office
- prepare for a Home Office visit (if requested)
- 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 Chinese national entered the UK on a student visa. Prior to instructing OTS Solicitors, and following her graduation, she attempted to establish a business in the UK and remain in the country as a Tier 1 (Entrepreneur) migrant. However, this application failed due to insufficient evidence of being a genuine Entrepreneur.
Refusal on the Basis of TOEIC Centre
After the failure of Tier 1 Entrepreneur application, she secured a job offer and was offered a sponsorship for that position. As at that time she was still on her Tier 4 visa, with the assistant of an oisc immigration agent she applied in country to switch to Tier 2. The application was initially refused due to a claimed deception, as the client had omitted to disclose the Tier 1 refusal. After a new application in the same category, where the client provided explanation in regards to the omitted information, another refusal was issued, on the basis that when she was applying to extend her student visa, she had used a TOEIC centre that was later on found to have participated in fraudulent scheme that allowed some applicants to use deception to pass the test. On this basis, the Home Office found that our client had obtained her previous leave using deception and therefore her application was refused.
In-country right of Appeal against TOEIC Decision
The client, of course, vehemently denied any wrongdoing. She instructed a solicitor before coming to OTS to challenge this refusal. As the application had been submitted in 2015, prior to the changes to the right of appeal, the decision carried an in country right of appeal. An appeal was lodged and the client approached OTS solicitors after receiving a hearing date, as she wished to desist instructing her previous solicitors.
Instructing OTS Solicitors & Amendment of Grounds of Appeal
Our firm's Appeals and Litigation team appraised the case and the available material and advised the client on the merits of her appeal. They further made a decision that the grounds of appeal needed to be amended to strengthen the case. Having carefully analysed the client’s case, it was decided by our specialist lawyers that the best venue for a successful appeal was to challenge the Home Office refusal decision on two grounds. On the one had the fact that the Home Office had not discharged from the duty to prove that the client had committed a fraud and had sat a TOEIC examination through a proxy or otherwise implemented illegal tactics to pass the examination. The Home Office was relying on a general expert report without any direct evidence implicating our client into such a fraudulent activity. This ground was fully argued to clear our client’s name who had been unfairly accused of dishonesty and deception.
The second ground that was put forward, was in relation to the client’s private and family life. The client was in a relationship with a British Citizen for over two years. This line of argument had been completely left out from the appeal and therefore necessitated the grounds to be amended.
Based on the advice given by our appeals and litigation team, the client decided to instruct on submitting amended grounds of appeal. Properly argued grounds of appeal were drafted by a barrister and submitted.
Preparation for the Appeal Hearing
Following these initial stages, our team started working on the preparation for the hearing, in conjunction with the counsel. Detailed statement was taken from the appellant and several other attendees of the same examination. This was aimed at showing that the client was familiar with the set-up of the examination centre and the process was of the assessment itself, aiding to the argument that the Client had, in fact, taken part in the assessment. Further to this, evidence of the knowledge of English prior to the assessment was provided, showing that e client had no probable cause for cheating.
Apart from the aspects dealing with the allegations of deception, our appeals team worked hard to produce evidence of the client's private and family life and to evidence why returning back to her country of origin to continue their family life there was not an option.
TOEIC Refusal Decision Challenged & Appeal Allowed
This appeal was allowed on both grounds, under the immigration rules and the Human Rights.
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.
Solicitor – Teni Shahiean– CEO and Founder of OTS Solicitor, UK Immigration Law Specialist
Background
Teni's client is an Iranian national who came to OTS after his Tier 1 (Entrepreneur) Visa was refused twice following the applications being made by another immigration law firm. Our client was not happy with the service he received from his previous immigration solicitor and felt that after talking to Teni and Maryem, he would receive the best service available from OTS Solicitors.
UK Visas & Immigration first refused our client because they believed that he was not a director of a company. The second time he was refused was because the department claimed he had not properly invested the required £200,000.
How we helped
Teni began by investigating the first two initial refusals. She found that UK Visa & Migration had not considered our client’s Certificate of Directorship and had ignored invoices that showed he had invested in his company in a way that is required by the Immigration Rules.
We have submitted a Pre-Action Protocol on our client’s behalf, alerting the Home Office that we will be challenging the decision via judicial review. Teni and her team are currently negotiating with the Home Office to try and reach an early settlement.
Follow-up Support
We will continue to work with our client after his Tier 1 (Entrepreneur) Visa is approved; assisting him by ensuring he understands the residency requirements for applying for Indefinite Leave to Remain. We will also work with him and his staff to ensure his business is continuing to be compliant with UK immigration laws and policies.
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
Background
Teni was instructed by a wholesale company which supplied subscription drugs to doctors and pharmacies who wanted to hire a non-EEA national and therefore required a UK Sponsor Licence.
How we helped
Teni took the time to meet with the client and discuss their immigration requirements. She quickly established that there were no ‘red flags’ that may cause the Home Office to refuse to grant the Sponsor Licence. Practices that may result in an application for a Sponsor Licences being rejected include:
- failure to file company accounts
- failure to keep adequate employee records
- prior or ongoing investigations by the regulator responsible for their sector
Our solicitors ensure that as part of this due diligence process, any potential problems with obtaining a Sponsor Licence are identified and dealt with swiftly.
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
Teni’s client is a Chinese family who came to the UK on a Tier One (Entrepreneur) Visa. They had gone on to create an extremely successful business and wanted to apply for accelerated leave to remain in the UK.
How we helped
Under the Tier 1 (Entrepreneur) Visa, there are two ways accelerated leave to remain can be granted:
a) the business employs 10 or more people who are ‘settled’ (ie are British Citizens or have Indefinite Leave to Remain) in the UK; or
b) the organisation has a turnover of at least £5 million per year
Teni’s client is applying under the 10 or more employee qualifier. The application required a vast amount of paperwork to be collated and submitted to UK Visas & Immigration, not only from the applicants themselves, but their employees.
We have advised the clients on the supporting documentation needed, prepared the application and are currently awaiting a decision from the Home Office.
Follow-up Support
Once the family obtain Indefinite Leave to Remain, we will continue to work with them to strategise their application for British Citizenship, ensuring any business travel requirements do not jeopardise their eligibility for naturalisation.
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.
Solicitor – Teni Shahiean
Background
Teni was instructed by a frozen food delivery company who wanted to hire a non-EEA national who had previously worked for the organisation but now lived abroad.
How we helped
Teni advised the client on conducting the required Resident Labour Market Test. She guided them through the advertising process, ensuring they placed the advertisements in the correct locations for the full 28 days and that they were designed in a way that would satisfy Home Office Officials. She then submitted the application for the UK Sponsor Licence for the client.
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.
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, KK, a national of Lebanon arrived to the UK in 2007 with his wife and two young children. He came as a work permit holder. During his stay in the UK, the employer became insolvent and the business was continued under different company. Our client was not correctly advised at the time of his obligations to inform the Home Office of his change of employer and carried on with his activities.
After reaching the required five year period for settlement, our client applied for Indefinite Leave to Remain. At this point he and his family had fully adapted to the British way of life and from an employee he had become a successful businessman, employing considerable amount of workers.
After a lengthy delay, our client's Indefinite Leave to Remain application was refused due to lack of compliance with his duties to inform the Home Office of change of employers.
Our client approached OTS Solicitors seeking advice and assistance on challenging the decision. As the decision was made under the old rules, it carried right of appeal and our immigration litigation lawyers advised the client on his options and grounds for challenging the refusal. Our client was advised that due to his lengthy presence in the UK, his family ties in the country, he had a strong family and private life grounds for challenging the refusal of his Indefinite Leave to Remain application. He was further advised that due to the length of his children's stay in the UK and their full integration into British society, the rule regarding the child's stay in the UK for more than 7 years was considerably adding weight to the strength of his family's case.
Our team of immigration lawyers specializing in appeals and immigration litigation took over the case and prepared the grounds of the appeal challenging the decision. After the hearing date was notified to our offices by the Immigration and Asylum Tribunal, we worked closely with the client advising and assisting him in compiling the evidence to put before the Tribunal. Our team of lawyers also constantly liaised with the Counsel instructed by our firm on behalf of the client, to make sure that the client's and his witnesses' statements and evidence were covering all the issues to be raised during the hearing.
Our client's appeal was allowed on the grounds of family and private life as advised by our immigration litigation team, with considerable weight being given to the fact that he had extended family in the UK, who would be affected by their removal and with acknowledgement that our client's children would have succeeded in their claim to remain in the UK in any event, irrespective of the extended family presence, due to the length of their stay and degree of integration into this country.
This work was carried out by Principal Solicitor Teni Shahiean and Immigration Lawyer Dr. Lusine Navasardyan.
To find out how we can help you with your immigration appeal, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
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
Our client, AB, arrived in the UK in December 2010 with entry clearance as the sole representative of an overseas business which was valid until October 2013. He was later granted an extension until November 2015. Before Mr B became a client of OTS Solicitors, he made an application In October 2015 for Indefinite Leave to Remain with his spouse as his dependent, however his application was refused in February 2016 on the grounds that he did not satisfy the criteria of the Immigration Rules under Paragraph 147. Without the help of Solicitors, AB made an administrative review request in February 2016, however this was also refused in March 2016 on the same grounds.
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.
Our client, Mr BH, is an Egyptian citizen. He brought a claim under s.82(1) of the Nationality, Immigration and Asylum Act 2002 for entry clearance in order to join his father, who was also an Egyptian refugee. Our client is a 21 year old student at an Egyptian university, whose father was a loyal supporter of Egypt’s previous President, Mohamed Morsi. His father came to the UK after a string of events which occurred whereby our client’s family were subjected to abuse, violence, and persecution due to the political association of our client’s father. Soon after our client’s father came to the UK as an Asylum seeker, and our client’s mother and younger sister soon joined him in the following months. Our client’s application unrepresented by OTS Solicitors at the time, and was denied his application in 2015 on the grounds that he did not satisfy the requirement under para.352D (ii) of the Immigration Rules which requires that person with refugee status who seeks leave to enter or remain in the United Kingdom in order to join or remain with their parents to be under the age of 18. He then approached OTS Solicitors to make an appeal against this outcome.
Grounds of a successful appeal
When the appeal was brought to a First Tier Tribunal, the judge decided to also consider s.117B of the Immigration Rules and the case of Ghising (family life - adults - Gurkha policy) [2012] UKUT 160 and Gurung & Ors [2013] EWCA CIV 8. The judge rejected the application of para.352D on the following grounds: it was decided that although our client was a young adult, whose English language capability was not known, was a student at an Egyptian university, and there was no evidence of financial independence, the judge took the view that our client was emotionally and financially dependent on his parents, especially due to the fact that his father is victim of persecution and cannot return to his country of origin. The Judge also pointed out that the Immigration Rules do not make any provisions for young adults that are refugees, which he considered to be a repudiatory breach of Article 8 of the European Convention on Human Rights 1950.
This case was a success due to the application carried out by OTS lawyers
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.
Mr M was an EEA citizen from the Czech Republic. In his home country, he had allegedly charged with various criminal offences. M contacted us from the detention centre, where he was awaiting deportation. He had been refused bail, and the 14 day deadline in which to lodge an appeal against the decision to deport him had passed.
How we Helped Mr M
We advised and assisted M in submitting an ‘out of time appeal’, which proved to be a successful strategy. The Immigration Tribunal can allow an ‘out of time appeal’, if the Appellants circumstances would make it unjust to deny it. Mr M’s Grounds of Appeal were successful and his case was allowed in the Frist Tier Tribunal.
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 T, who is an Irish citizen, and his fiancé, a Mexican national, came to us for assistance with making an entry clearance application.
The Applicant’s Circumstances
The applicant had been previously married and had two children. He was now in a homosexual relationship with T. Unfortunately, he had a record of immigration offences in America, having worked there illegally numerous times.
How we Helped
All nationalities that require a visa to enter the UK must apply for entry clearance, even if they are only visiting the country on holiday. Citizens hailing from the Commonwealth and non-visa countries are given up to six months of entry clearance to come to the UK for tourist purposes.
We were able to gain entry clearance for Mr T’s fiancé, which will allow him to visit Mr T and apply for a visa to stay in the UK.
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.
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.
Our client, Mr E was the father of a British child. The child’s mother restricted E’s access to his child, and following a dramatic change of circumstances, he required an extension of his discretionary leave to remain in the UK.
Extending Discretionary Leave to Remain
Discretionary leave to remain is usually granted for no more than two and a half years. Longer leave may be granted, if, as in the above case, it is the best interests of a child.
Following our preparation of the application, drafting the legal grounds of argument and collating the relevant evidence, the Immigration Tribunal was satisfied with Mr E's case to remian in the UK despite a breakdown in his marriaghe and he successfully obtained his extension.
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.
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.
Miss J, a Slovakian national, allegedly entered into a marriage of convenience. The arrangement was supposedly discovered by the Home Office following a rade. The Home Office attempted to remove her from the UK.
What is a Marriage of Convenience?
A marriage of convenience or a ‘sham marriage’ describes a marriage or civil partnership entered into for immigration advantage by two people who are not a genuine couple. Non-EEA nationals sometimes enter into these arrangements in order to stay in the UK.
How we Helped
We investigated the matter through numerous enquiries and freedom of infomration disclosure by the Home Office. Following out legal representation at Appeal in the Immigration Tribunal Miss J was successfully allowed to remain in the UK and the decision to remove Miss J from the UK was quashed.
This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.
To find out how we can help you achieve the best outcome in your immigration appeal matter, please phone our London office on 0207 936 9960, to talk to one of our immigration lawyers..
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.
Acted for client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’) in connection to the correct application of the new Immigration Rule, and unlawful interference with client’s Article 3 [inhumane and degrading treatment] and 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, 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.
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 Georgian citizen had entered the UK without a visa in order to be reunited with his wife and daughter in the UK as his attempts to obtain entry clearance were repeatedly unsuccessful. A’s wife was from a different country and had leave to remain in the UK as a Tier 2 (General) worker with their daughter being her dependant. A remained here with his family and established strong ties to the UK. Before instructing our immigration solicitors, A had applied for his stay on the basis that his removal from the UK would separate him from his family, however the application had been refused.
A approach our head of immigration, Teni Shahiean to assist with challenging the refusal of his application to stay with his family. Teni Shahiean advised on a judicial review action to cancel the refusal letter and to be granted reconsideration with a right of appeal if the application was rejected following reconsideration. Moreover, evidence was obtained to demonstrate that if removed from the UK, A would be separated from his family for an indefinite period of time due to he and his wife being from different countries and also on the basis that any future entry clearance application to the UK would likely be refused and disproportionately interfere with his family life, as a re-entry ban would apply to any future out of country applications by the client.
With the assistance of Teni Shahiean and our immigration team a very strong judicial review was launched challenging the Home Office refusal decision, which resulted in permission being granted at the High Court and a settlement offer being made by the Secretary of State. By consent order the Home Office agreed A would be given a right of appeal against the refusal.
Following a delay by the Home Office, our team once again challenged the Home Office to give effect to the settlement by consent which it had agreed or to face further litigation by way of a judicial review for undue delay. Further correspondence followed, and our client was then granted a right of appeal. By this time A’s wife had applied for Indefinite Leave to Remain in the UK which strengthened the appeal grounds and our immigration tribunal advocates were able successfully obtain the best result at appeal by winning A’s case on all the grounds of appeal put forward in his case.
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.
Client A approach Teni Shahiean of OTS Solicitors to represent her in an application for entry clearance from Thailand as the spouse of B. Shortly before this application, A had been refused entry clearance to the UK as a visitor where she had stated B to be a friend and not a spouse. This discrepancy could potentially have caused the application to be refused on credibility grounds, as A could be considered by the Entry Clearance office as not being truthful in her previous application and therefore her current application could also be considered as implausible. However, with the assistance of strong substantive evidence and detailed legal representation to support our client’s evidence, the Home Office granting our client her visa to join her partner in the UK without the Entry Clearance officer raising any issues on her application.
The client in this case was a Nigerian national who approached our firm after his previous applications for leave to remain on Article 8 grounds had been refused. The basis of his application, while resting on grounds of family and private life, was that the client feared persecution due to his sexual identity (Homosexual male) and feared that returning to Nigeria would mean persecution for him and his family members.
The Home Office had refused on the ground that our client didn’t have a partner or a child in the UK, therefore failing the requirements of family life and there were no exceptional circumstances for granting him leave outside of immigration rules. Prior to making this decision the Home Office had separately invited the client to personally apply for Asylum if he considered himself to be in danger of persecution upon return. Despite this, no consideration was given to his sexuality when making the decision, or the fact that he faced persecution upon return to his country.
Our immigration department was instructed to appeal against the Home Office decision. Our team of specialist immigration appeal lawyers worked closely with the client and our barristers to prepare the case to an exceptionally high standard. The best outcome was achieved in this case as the Appeal was allowed and the client was granted on Asylum grounds and Human Rights grounds under Article 3 freedom from torture and inhumane and degrading treatment or punishment.
To arrive to such a decision the Judge had accepted our legal argument on immigration and Human Rights grounds and evidence put before him on behalf of our client. The Tribunal acknowledged that the reason for which our client wanted to remain in the UK stem from fear of returning to Nigeria as a gay man. The Tribunal also considered Paragraph 327, which does not require the appellant to make application for Asylum in person. This was an important point that allowed the Tribunal to hear the submissions on our client’s behalf on his refugee status, even though to formally claim for Asylum had been made prior to the hearing.
In order to proceed to hearing the submissions on our client’s refugee status, the Tribunal noted that the Home Office had no need to make any additional checks such as verifying additional facts or documents to be able to make a decision on an Asylum claim. Therefore, there was no reason for which the Home Office would have not been able to consider our client’s case from the prospect of United Kingdom’s obligation under Refugee or Person in need of International Protection Regulations 2006. The Tribunal further noted that the Home Office had already confirmed the UK as the responsible state for the Asylum claim.
The Definition of refugee according to Article 1A(2) of the Refugee Convention is:
Owning to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside of the country of his former habitual residence ...is unable or, owing to such fear, is unwilling to return to it.
Therefore, proving of a well-founded fear of prosecution, as well as belonging to a particular social group is always essential to success in this branch of Asylum cases. In this case the Tribunal was satisfied that our client was a gay man, therefore belonging to a particular social group and that he had well-founded fear of persecution, based on the evidence of recent legislative changes in Nigeria, as well as arrests that have taken place in the country.
The Human Rights Article 3 provides that no-one shall be subject to torture or inhuman or degrading treatment or punishment.
In this case there was a clear and substantial risk for our client of being subject to such treatment and punishment as Nigerian law provides for prison sentence for same sex sexual acts and same sex marriages. Therefore, the Tribunal concluded that it was not possible to say that prosecution of gay men were rare in that country. This led to accepting that our client’s fear of return to the country was well-founded.
Furthermore, as our client had well-funded fear that his family could also suffer by association with him, the Tribunal granted him anonymity. This means that no report of the proceedings will directly or indirectly identify our client or members of his family. This is an important protection measure for many people fearing prosecution in their countries extending to their families, as well as being shunned by the community in the UK- fear, that keeps them from applying for Asylum on grounds of sexuality.
Your Questions & Our Answers about Immigration
Thank you for your enquiry.
If you wish to rely on other visas you acquired that is not on the spouse visa route, you can do so based on the 10 year lawful residence for your settlement. For example:
Tier 4 – for five years
Tier 2 – for three years
spouse visa – for 2 years
You can therefore combine the above only if you have completed 10 years.
The other alternative to qualify for settlement would be on the basis that you are on a spouse visa for 5 years. In your case, you would therefore need to be on the 5 years spouse visa route to qualify for settlement. There is no option/route for a 5 years route to settlement on the basis of a mixture of different visas, only if you have completed 10 years.
I hope the above is clear, if you have any questions, please do not hesitate to call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for your enquiry. Lack of ties and connections to Turkey will certainly effect his application as it is important to show the Home Office that your partner is a genuine visitor and will return to Turkey. Grounds for doubting the applicant’s intentions to visit the UK can occur where the applicant has few or no family and economic ties to their country of residence - for example a person with most of their family in the UK and no job or study in their own country may be considered to have few ties.
Thank you for your enquiry.
We require further information in order to advise you on the appropriate visa application process. However, from the information you have provided, if your employer has an existing sponsorship licence, you can be issued with a certificate of sponsorship to come to the UK as a Tier 2 General migrant. The application will need to be made from the US, due to your current visa status. If your employer does not already have a sponsorship licence, we can help them to apply for the relevant licence to employ you.
Dear Mia
Thank you for your enquiry. You can apply for an Innovator visa but the first step is to prepare a business plan that can convince an endorsing body that your business idea is innovative, scalable and viable. Once your business plan is ready, feel free to contact the endorsing bodies (link below) to ask if they are taking applications at the moment and will consider your business plan.
https://www.gov.uk/government/publications/endorsing-bodies-innovator/innovator-endorsing-bodies
Our firm can assist you once you have successfully acquired an endorsement from an endorsing body.
I hope that clarifies everything, but if you have any additional questions, please call us on 0203 959 9123 or email us: info@otssolicitors.co.uk
Thank you.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for your enquiry.
We do not provide assistance in job searching, only for the visa application.
You will need to find a job from a company willing to sponsor your visa and only then we can assist.
Your grandchildren will not automatically be eligible for naturalisation as a British citizen, because the right can only pass one generation for children born outside the UK. However, depending on you particular circumstances we can explore other options.
Thank you for your enquiry.
The cost of your citizenship application will depend on the complexity of your case.
I suggest you book an appointment with one of our immigration solicitors to discuss this.
You can call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for your enquiry.
Our success rate dealing with business visa is extremely high. We have a team of Legal 500 ranked lawyers with extense experience in dealing with all sorts of business immigration related matters.
Please call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact so we can assist you.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for your enquiry.
Unfortunately, we don't help finding a job. We can, however, help you with your Tier 2 application once you find a company willing to sponsor you.
We can also support said company with their sponsorship licence, if they don't have one.
Thank you.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
I would need to consult with you to advise whether or not you are already eligible to apply for Permanent Residence. There will be a period where you will be able to use the new settlement system and the EEA regulations will still apply. This will continue after 29 March 2019 and therefore you do have some time to seek advice and ensure you make the correct applications for you and your daughter. There are advantages and disadvantages to the two systems. The new system has no fee and the old system has a fee of £65 per application. However if you would ultimately like to obtain British Citizenship the new settlement system may not be the right one for you. I would strongly advise you seek some specific advice prior to making an application.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Dear Madame,
Many thanks for your enquiry.
I note the information you provided and your interest as the dependant of a Tier 2 Migrant. Please note there are a range of options available to you. Therefore, the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Thank you for your email.
The Tier 1 Entrepreneur Visa route allows you to invest in an existing business in the UK or set up a new business from scratch. The key to success is to ensure that your father fully understands the business he intends to establish, that his skills and experience can be matched to the business needs and that the business is viable and credible. Of course, he must also meet all the other requirements which can be discussed at length at a later stage.
Should you wish to discuss the matter further, I will be happy to arrange a consultation for you over the telephone from our office.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Dear Joan,
Thank you for your enquiry.
Unfortunately, we do not provide a service to support job applications.
We are, however, an immigration law firm, so we can support you in applying for your Tier 2 visa applciation once you get a job offer.
We can also support with the Tier 2 Sponsorship License in case the company offering you a job does not have one: http://otssolicitors.co.uk/tier-2-work-permit-visa-and-sponsorship-licen...
Thank you.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for your below enquiry, and further to our telephone conversation, please be advised that the absences which are more than 180 in last 5 years during the time of your 5 years of the Tier 1 status, will not make you quaify for the settlement, and so for your dependents, however if you require further clarifications, please let me know and I will be glad to assist you.
Dear Zaheer,
Many thanks for your question.
As your son is 14 years old, you may not be permitted to enter the UK as a parent of a Tier 4 child. You may however enter the UK under various other routes, providing you meet the requirements, such as a Tier 1 Entrepreneur or under the Tier 2 general visa.
Our solicitors will contact you shortly to discuss your options.
Dear Sir/Madam,
Many thanks for your question.
Our solicitors will contact you shortly to discuss your deportation matter.
Dear Sir,
Many thanks for your question.
For non-custodial sentences, a naturalisation application will normally be refused if you submit an application within 3 years of your conviction.
Our solicitors will contact you shortly to discuss your matter further.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Dear Madam,
Many thanks for your question. You will be required to inform the Home Office of the change in circumstance.
Our solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
We will require further information in order to advise you on whether you are able to switch into a Tier 2 General visa.
Our solicitors will contact you shortly.
Dear Sir/Madam,
Many thanks for your question regarding spouse visa.
we will require further information to advise you on this matter. Our solicitors will contact you shortly.
Dear Madam,
Many thanks for your question.
When applying for ILR, you will be required to meet the residency requirements. Thus, you should not be out of the UK for more than 180 days in any given year. The home office may exercise their discretion in the even that you exceed this time frame.
Our solicitors will contact you shortly.
Dear Sir,
Many thanks for your question.
For the spouse visa you can rely on your salary or on joint savings. You would ideally be required to show that you have been working for the current employer for at least 6 months. However, there may be alternatives to this. We will be required to assess your matter in further detail in order to advise you on your options.
Our solicitors will contact you shortly.
Dear Madam,
Many thanks for your question regarding unmarried partner visa.
Please note, you may also be in a position to apply for a family permit. Our solicitors will contact you shortly to discuss this matter further.
Dear Sir,
Many thanks for your question.
We would be happy to assist you, but it is important for us to understand your situation in full detail and to have full instructions from you. We understand that you had an immigration appeal and at the hearing, the Judge directed the Home Office to reconsider their decision within 28 days. To date, you have not received a response from the Home Office.
Our Solicitors will contact you shortly.
Dear Sir,
Many thanks for your question.
We would be happy to assist you, but it is important for us to understand your situation in full detail and to have full instructions from you. We understand that you had an immigration appeal and at the hearing, the Judge directed the Home Office to reconsider their decision within 28 days. To date, you have not received a response from the Home Office.
Our Solicitors will contact you shortly.
Dear Sir,
Many thanks for your question.
If your partner is planning to come to the UK for a short time (under 6 months) your partner may apply for visit visa. If your partner is planning to settle in the UK as your spouse, your partner may apply for a spouse visa.
We will require further information from you in order to advise you on this matter.
Dear Sir,
Many thanks for your question.
Please contact our office on 02039599123 for further information.
Dear Sir,
Many thanks for your question.
We will require further information from you in order to establish whether you have a re-entry ban.
Our solicitors will contact you shortly.
Thank you for your enquiry.
In order to claim Asylum, you need to have a well-founded fear of persecution in your country of origin. Based on the information you have provided, you may be able to claim Asylum. In order to assess your claim, we would recommend having an initial consultation with us to discuss your matter accordingly.
Dear Sir/Madam
Many thanks for your question.
You may be eligible to apply for British Citizenship providing you meet the relevant requirements. You will first be required to have Permanent Residence. You should be eligible to acquire Permanent Residence providing you have been a qualified person in the UK for at least 5 years and have been continuously resident in the UK for at least 5 years.
Our immigration solicitors will contact you shortly to discuss the options available to you.
Dear Sir,
Many thanks for your question regarding Indefinite Leave to Remain based on 10 years lawful residence in the UK (continuous residence). We will be required to go through your immigration history in further detail in order to establish whether your absence will affect your application.
Our solicitors will contact you shortly.
Thank you for enquiring with OTS Solicitors.
It is imperative for us to have a complete understanding of your immigration history and circumstances including further details with respect to your wife and child’s nationality.
This is in order to best advise as to whether you would be eligible to apply for Leave to Remain in the United Kingdom.
We would be happy to assist you, but it is important for us to understand your situation in full detail and to have full instructions from you.
Should you wish to arrange an appointment to discuss further, feel free to reply to this email, or otherwise call our switchboard number on 02039599123.
Dear Sir,
Many thanks for the question. As you are a British Citizen and your partner is married to you, she may be eligible to apply to naturalise as a British citizen without waiting a year after she has acquired Indefinite Leave to Remain.
Our solicitors will contact you shortly to discuss this further.
Thank you for your enquiry.
Your visit visa may count towards your leave in the UK however, this will depend on how long you were absent from the UK. We would need to seek further instructions from you to understand whether you qualify for Indefinite Leave to Remain based on your long residence.
Our Immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your immigration enquiry.
You may be in a position to apply for a spouse visa as the husband of a British national. This may be more challenging due to you being deported in 2010. There are various requirements that you and your spouse need to meet, such as the financial requirement. We will therefore need further information from you in order to advise you.
Our Immigration solicitors will contact you shortly to discuss your matter further.
Thank you for your enquiry.
Based on the information you have provided, you may be able to make an application to regularise your stay in the UK. The type of application will depend on your circumstances. For example, you may be able to make a family and private life application or, you could apply to study in the UK. We would need to have an initial consultation with you to take your full instruction and advise accordingly based on your circumstances.
Dear Sir/Madam,
Many thanks for your question. We will be required to go through your immigration history in further detail in order to advise you on your options for settlement.
Our solicitors will contact you shortly.
Thank you for your enquiry with us.
In order for us to see which route is most suitable for your friend we will need to have sight of her current visa and understand her current circumstances. For this you would need to book a consultation with one of our solicitors.
Dear Sir,
Many thanks for your question.
As you are in a civil partnership with your partner, she will be considered as a family member of an EEA National. She can therefore enter the UK via a family permit application providing the necessary requirements are met.
We will of course require further information in order to advise you on this matter. Our solicitors will contact you shorty.
Dear Sir/Madam,
Many thanks for your enquiry.
Our solicitors will contact you shortly.
Thank you for your enquiry.
From the information provided it appears that you are looking to seek permission from the First tier Tribunal to appeal to the Upper Tier Tribunal. This can only be done if there is an error of law in the previous judge’s decision. In order for us to assist you we will need to have sight of the paperwork and advise you accordingly.
Thank you for your enquiry.
In order to apply for Permanent Residence as a family member of an EEA national, you must be able to evidence that you have been married to the EEA national for a continuous period of five years and that the EEA national was exercising their treaty rights or had Permanent Residence during the same 5-year period or a combination of both.
With regard to the evidence of cohabitation, this is important to provide in order to prove to the Home Office that you and the EEA national have lived together in a subsisting marriage during the relevant period. If you do not have the evidence, and there is a credible reason for this, then an application may be made explaining the circumstances to the Home Office.
As your matter seems complex, a member of our team will contact you in due course to invite you to our office for a consultation.
Many thanks for your Tier 4 enquiry.
I understand your wife would like to enter the UK as a student for the purpose of studying a master’s degree at a UK university. If your wife is granted a Tier 4 visa, it may be possible for you and your child enter the UK as her dependants, providing you meet the relevant requirements. Your wife will of course be required to have an offer at a UK university and she must also be issued with a CAS.
Our solicitors will contact you shortly to discuss this further.
Dear Sir/Madam,
Many thanks for your question. We will need to discuss this matter with your friend further in order to advise you accordingly.
Our solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in the visit visa process to the United Kingdom and any subsequent claim for Asylum. Please note that the question is rather wide and there are a range of options available to you. Therefore the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear sir,
Thank you for your question.
You can write to the Home Office to advise them of your mistake, so this is taken into account when considering your documents. Depending on if you have already submitted your documents this can be done when you submit your supporting documents or after they have been provided. If you would like some assistance with preparing the letter, you can contact us to arrange an appointment where we can give advice on who to provide the letter to and the contents, we can also draft the letter on your behalf.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in pursuing making a claim for Asylum. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Thank you for enquiring with OTS Solicitors.
Based on the information you have provided, it would appear that you may be able to apply for a residence card on the basis of being an unmarried partner of an EEA National provided that you satisfy the relevant criteria of the EEA Regulations 2016.
Please note, that the United Kingdom are scheduled to leave the EU in March 2019. It still remains unclear as to the introduction of unsettled/settled scheme however, those who have already obtained residence/Permanent Residence prior to March 2019 will preserve their rights.
We would be happy to assist you, but it is important for us to understand your situation in full detail and to have full instructions from you.
Our solicitors will contact you shortly.
Thank you for your enquiry.
You may experience some problems if you are unable to provide enough evidence to confirm your residence and Employment in the UK over the past 5 years. We would need to understand which route you are applying under to establish the level of documents required for the application.
Our immigration solicitors will contact you shortly.
Dear Madam,
Many thanks for your question.
You may need to contact the Home Office to request an extension of time to submit a valid English Language Test certificate. If this is not accepted, you will need to retake the test and submit a new naturalisation application.
We will contact you shortly to discuss this further.
Dear Sir,
Many thanks for your question.
The immigration rules do not specify that it has to be a company. The rules refer to an overseas ‘Business’ without defining the type of business.
Our business immigration solicitors will contact you shortly.
Dear madam,
Many thanks for your question.
As your partner does not currently have any leave to remain in the UK, he should make an application to try to regularise his stay. We would need to understand the reasons why your husband has been detained in order to advise you any further.
Please kindly contact us directly in order to discuss your matter further.
Dear Sir,
We would advise that without exceptional circumstances to justify a deviation from the usual policy it would be better to wait until 10 years has passed from you regularising your immigration status prior to applying for British nationality. Please note that you can lose your Permanent Residence if you stay out of the country for 2 years or more.
Our immigration solicitors will contact you shortly
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in pursuing a claim for Asylum or extending your leave by the way of a Tier 2 visa. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear Madam,
Many thanks for your immigration question.
Your husband may apply at a later date, he does not need to apply at the same time as you. If he does not meet the residential requirements he can extend his dependant visa but he will not get ILR.
Our immigration solicitors will contact you shortly.
Thank you for your question.
Please get in contact with us in order for us to assess your continuous residency and the potential gap in your residency.
Dear Sir,
Many thanks for your question.
I would suggest having a consultation for us to discuss the options available to your girlfriend to study or work in the UK.
our immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your British nationality enquiry. As you were born in the UK in 1995 to parents with settled status in the UK, you may be eligible to apply for a British passport. We will require further information from you in order to advise you on your options.
Our immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your issue with regards to applying for entry clearance for your husband who is not in the United Kingdom whilst you and your son, both of whom are British citizens, are in the United and that you do not meet the financial requirement. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir/Madam,
Many thanks for your Indefinite Leave to Remain question.
Our immigration solicitors will contact you shortly to discuss this matter further.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your issue with regards to being an Asylum seeker who has had an application for Asylum that has been dealt with by the Home office and subsequently refused. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear Madam,
Many thanks for your Tier 4 visa enquiry.
You should be able to apply for a Tier 4 student dependant visa providing you meet the various requirements. We will require further information from you in order for us to advise you on the requirements.
Our immigration solicitors will contact you shortly.
Thank you for your question. We are able to assist you with your matter.
You will not be able to switch from Tier 2 ICT to Tier 2 General from within the UK in order to find another sponsor. If you would like to change sponsor/employer you will need to leave the UK and apply from your home country. There is also a 12-month cooling off period meaning you should wait 12 months to apply. Once you find a sponsor and you obtain a certificate of sponsorship you will be able to make the Tier 2 application.
Dear Madam,
Many thanks for your immigration enquiry.
In order to come to the UK under the Surinder Singh route you are required to have resided in an EEA State as a worker, self-employed person, self-sufficient person or a student, or so resided immediately before returning to the United Kingdom; or have acquired the right of Permanent Residence in an EEA State. As such, it may be best for you to consider applying for a spouse visa under the immigration rules.
Our immigration solicitors will contact you shortly.
Thank you for your enquiry.
In order to establish what documents are needed by your employer to apply for you Tier 2 Visa and/or apply for their Tier 2 Sponsor Licence, we need to obtain further information about their organisation. The Immigration Rules are very detailed and thus it is important for us to assess your employer’s case in full.
Our business immigration Solicitors will contact you shortly.
Dear Aleimar
Thank you for your enquiry. Under the Tier 1 Entrepreneur Visa an investment in dental practices is usually permitted. However, to advise you in detail we would need to obtain more background information on your matter. We will contact you via email.
Dear sir,
Many thanks for your British nationality enquiry. We will require further information from you in order to assess whether you are eligible for British nationality. Our immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in pursuing a judicial review against a decision by the First-Tier Tribunal. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in immigrating to the United Kingdom. Please note that the question is rather wide and there are a range of options available to you. Therefore the the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear Madam,
Thank you for your question.
Your sponsor should apply for the CoS as soon as possible in order for you to make the application before your visa expires. Your sponsor will not be able to request the CoS allocation until they have the licence and subsequently, they will not be able to generate the CoS until they have the allocation. The Tier 2 application should be made within 3 months of generating the CoS.
Our business immigration solicitors will contact you shortly.
Thank you for your enquiry.
We can certainly assist your brother with a Tier 1 Entrepreneur application. His wife and children can also apply as his dependent. With regard to your mother, she may not be able to qualify as a dependent and therefore, she will need to apply in her own right. We can discuss this issue further at a consultation and thus a member of our team will be in touch with you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in british citizenship in the United Kingdom. Please note that applicants holding a postgraduate diploma, or a graduate diploma from a UK university, are considered to have the required level of English for a settlement or citizenship application. However if you are still unsure of this then the best way to proceed would be to meet us in person at our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in obtaining Leave to remain/ residence for your elderly parents in the United Kingdom. Please note this is possible but there are several requirements for this application to be submitted to the Home Office. The best way to proceed would be to meet us in person at our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Thank you for your question.
You will need to find an employer who has a Sponsor Licence and who is willing to employ you. You will need to secure this before you are able to come to the UK on a Tier 2 visa. In the meantime, you can try and obtain a visit visa in order to look for work whilst in the UK and make contacts and connections during your visit.
Thank you for your question.
You will be able to switch from your student visa to Tier 2 which is the work visa. There is a shortage occupation list which does include those jobs which are needed. You must have a confirmed offer of Employment with an employer who holds a valid Sponsor Licence and is willing to issue you with a Certificate of Sponsorship, you can find the list of sponsors online. You must also have savings to prove you can support yourself and this must have been held in your account for at least 90 days prior to your application. You must also prove your knowledge of English.
Dear Sir,
Thank you for the immigration enquiry.
As you have been married to your partner for over 5 years and have thus been a family member of an EEA National, you may be in a position to apply for Permanent Residence. Your past immigration history, however, does seem to be problematic. As such, we will need further information from you in order to advise you accordingly.
Our Immigration Solicitors will contact you shortly.
Thank you for your question.
Your wife and child can either apply for ILR 5 years from when they entered the UK or 5 years from when their visa was granted. If they apply 5 years from when their visa was granted, the period between the visa being granted and the date they entered the UK will be counted as an absence. As they are dependants, their absences will not be counted. They can therefore apply at the earliest point they want.
Thank you for your question.
You will not be able to switch from Tier 2 ICT dependant to Tier 2 General from within the UK. You will need to leave the UK and return to your home country to apply. You must have a confirmed offer of Employment with an employer who holds a valid Sponsor Licence and is willing to issue you with a Certificate of Sponsorship. There are job codes available for artists, entertainers, actors and singers at a certain skill level. You will need to search for jobs available in this sector and find an employer who is ready to sponsor you. They will need to show that they are unable to find anyone in the UK or EU who are more suitable for the role.
Thank you for your question.
You may be able to extend your current visa if you apply for a further course. If you wish to find a job in the UK, you can switch to a Tier 2 visa. You must have a confirmed offer of Employment with an employer who holds a valid Sponsor Licence and is willing to issue you with a Certificate of Sponsorship. A Tier 2 visa can be issued for 3 years although this depends on the employer. You should find a job which is relevant to your Master’s degree. We are unable to advise you on finding jobs in the rest of Europe.
Dear Madam,
Many thanks for your British nationality enquiry.
From the information provided, your children should be eligible to claim British Citizenship as they were born to a father that is British otherwise than by decent.
In any event, we will require further information to advise you. Our solicitors will contact you shortly.
Dear Sir,
Many thanks for your immigration enquiry.
You may now be eligible to apply to naturalise as a British citizen as you acquired Permanent Residence over one ago. The Home Office may exercise their discretion in regard to your absences, and thus approve your application.
Our solicitors will contact you to discuss this matter further.
Dear Madam,
Thank you for your question.
You do not need to apply for another Permanent Residence card for the purpose of Brexit but you can renew your card if need be. Alternatively, you can apply for British Citizenship providing you meet the relevant requirements.
Our solicitors will contact you shortly to discuss your matter further.
Dear Sir,
Thank you for contacting OTS Solicitors.
In order for us to advise you, it is important for us to review both refusal letters first. We can thereafter decide whether there is a possibility for a further challenge or what other options you have under the Immigration Rules.
Our Immigration solicitors will contact you shortly.
Dear Sir/Madam,
Many thanks for your British nationality enquiry. We will require further information in order to assess whether you are eligible for a British passport.
Our solicitors will contact you shortly to discuss your matter further.
Dear Sir,
Thank you for your question.
Your wife will be able to switch from her Tier 2 ICT visa to Tier 2 General visa providing she leaves the UK and makes an entry clearance application. She will be able to apply for the Tier 2 General visa straight away as long as the prospective employer has a Sponsor Licence and goes through the relevant procedures to hire her.
Dear Sir,
Thank you for your questions.
You will need to apply for a national insurance number once you arrive in the UK in order to set up the business and start work. You will not be able to work for another company on the Entrepreneur Visa.
In relation to your son, he can work whilst studying in the UK. He can work a maximum of 20hours per week and full-time during holiday periods. He must apply for a national insurance number in order to work legally in the UK.
Our Solicitors will contact you shortly to discuss your matter further.
Dear Sir,
Many thanks for your British nationality Enquiry.
Your children may be eligible for British Citizenship. We will need to asses your residence in the UK and whether you are British by decent or British otherwise than by decent.
Our solicitors will contact you shortly to discuss your matter further.
Dear Sir,
Thank you for your question.
In order to be eligible for Tier 2, you must have a confirmed offer of Employment with an employer who holds a valid Sponsor Licence and is willing to issue you with a Certificate of Sponsorship. You must also have £945 in savings to prove you can support yourself and this must have been held in your account for at least 90 days prior to your application. Alternatively, if you are sponsored by an A Rated sponsor it is possible for them to certify your maintenance. You must also prove your knowledge of English is at least CEFR level B1.
Our business immigration solicitors will contact you shortly to discuss your matter in further detail.
Dear Sir,
Thank you for your question.
The requirements of the Tier 1 Entrepreneur category are that an applicant must be able to show access to £200,000 in cash funds, and satisfy the English Language requirement. There is also a maintenance requirement where a certain level of savings must have been maintained for 90 days before making the application. It is mandatory to satisfy the Genuine Entrepreneur test and it is vital therefore to present a well prepared business plan as part of the process, which must be clearly related to the skills and experience of the applicant.
Our business immigration solicitors will contact you shortly to discuss your matter in further detail.
Thank you for your question.
As a dependent visa holder, you are unable to switch to a Tier 2 General visa (as the main applicant) from within the UK. If you wish to switch to this visa, you would need to leave the UK and apply from your home country. Your partner will also be unable to switch from Tier 2 ICT to Tier 2 General (as a main applicant) within the UK and will have to wait 12 months before returning to the UK.
If you would like further guidance on this, please do not hesitate to contact us.
Dear Sir
Thank you for your immigration question regarding Seamen.
We have tried to contact you on the number you provided but it was not in service. We will contact you by email to discuss your query.
Dear Sir,
Thank you for your British nationality requirement.
From the information you have provided you may be eligible for British Citizenship by decent as your mother was a British Citizen otherwise than by decent.
Our Immigration Solicitors will contact you shortly to discuss this matter further.
Dear Sirs
Thank you for your enquiry. We note you would like to establish business in the UK using the £50k route. As a law firm we are not authorised to advise on investments. We are, however, available to discuss visa options available to you. We will contact you on your contact details provided below.
Dear Sir,
Thank you for your Tier 4 visa enquiry.
Our Immigration solicitors will contact you shortly.
Thank you for your question.
I understand you are looking at visa options for your parents to invest in the UK.
The requirements of the Entrepreneur category are that an applicant must be able to show access to £200,000 in cash funds, and satisfy the English Language requirement. There is also a maintenance requirement where a certain level of savings must have been maintained for 90 days before making the application.
The requirements for the Investor visa include that you must have at least £2 million investment funds to invest in the UK.
Dear Sir,
Many thanks for your question.
We are able to help you if you are wanting to migrate to the UK. For information concerning migration to Canada, please contact an immigration solicitor who practices immigration in Canada.
Best Wishes,
OTS Solicitors
Dear Sir,
Thank you for your immigration enquiry.
Our immigration solicitors will contact you shortly to discuss your Tier 4 visa application.
Dear Madam,
Many thanks for your enquiry.
From the information you have provided, your son may be in a position to apply for British Citizenship. Both you and your son’s father seem to be British citizens by decent as you were both born outside of the UK. Your son may however rely on his father’s previous residence in the UK and his status to meet some of the requirements of Section 3 of the British nationality Act 1981.
In any event, we will require further information in order to establish whether your son is in a position to submit a British Citizenship application.
Our immigration solicitors will contact you shortly.
Dear Sir,
Thank you for your Tier 1 Entrepreneur enquiry.
Buying an existing business does not count towards investment for the Tier 1 Entrepreneur Visa. We would recommend having an initial consultation to discuss your enquiry in more detail for us to provide you advice.
Our business immigration solicitors will contact you shortly
Dear Madam,
Many thanks for your enquiry.
You may be able to apply for British Citizenship based on Section 2 of the Nationality Act 1981. Your mother was born in the UK in 1962, thus she should be able to prove that she is British otherwise than by decent. In any event, we will need further information form you to advise you.
Our solicitors will contact you to discuss this matter further.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in obtaining information with regards to your application. Please note that the questions on the application form help the caseworker to assess whether or not the applicant has met all of the requirements for what is being applied for. In the case of uncertainty it is prudent to declare everything, your conduct is assessed on every application. However, if you need further assistance with the whole application in general the best way to proceed would be to meet us in person at our offices and speak to one of our solicitors.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in obtaining information with regards to your application for naturalisation. Please note that the questions on the application form help the caseworker to assess whether or not the applicant has met all of the requirements for citizenship, which include the good character requirement. This requirement is not restricted to the applicant's criminal history both inside and outside of the UK, but covers the history of their general behaviour, and whether or not they have complied with the requirements of other government departments during the whole of their time in the UK.
Where an applicant cannot provide details of their Employment history, they should provide details of their tax history. Caseworkers may contact HMRC to verify the information submitted, but it is up to the applicant to ensure that they provide all of the required evidence to support their application, or it is likely to be refused. However, if you need further assistance with the whole application in general the best way to proceed would be to meet us in person at our offices and speak to one of our solicitors.
Dear Sir,
Many thanks for your enquiry.
Our Solicitors will contact you shortly.
Dear Sir,
Many thanks for your British nationality enquiry.
From the information you have provided, your mother may be British otherwise than by decent. In this case, she may be able to pass her British nationality to you, making you a British Citizen by decent.
In any event we will need further information from you in order to advise you.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
We note your query relating to the Tier 1 Entrepreneur Visa and type of business that could qualify for this visa category. We will contact you to discuss your query in detail.
Dear Sir,
Thank you for your enquiry.
At OTS Solicitors, we have specialist business immigration lawyers who can assist you in making a strong Tier 1 Entrepreneur application, which includes providing full advice on your business plan. We would like to have the opportunity to discuss this matter with you in detail in order to address your queries and discuss the next steps.
Our business immigration solicitors will be in touch with you in due course.
Dear Sir,
We note your query relating to the Tier 1 Entrepreneur Visa and type of business that could qualify for this visa category. We will contact you to discuss your query in detail.
Dear Sir,
Eligibility for the Tier 1 Entrepreneur Visa is made based on specific circumstances of each applicant’s case. We will require further information from you before we can advise you on your options.
Our business immigration solicitors will contact you to discuss your case in detail.
Dear Madam,
Thank you for your enquiry.
Your position of work in China is unlikely to affect your spousal application. You will need to meet certain requirements in order for your spousal application to be successful.
If you would like us to assist you with your spousal application or you would like more information regarding the requirements you need to meet, please call our immigration team on 020 7936 9960.
Dear Sir,
Thank you for your Tier 4 enquiry.
Our immigration solicitors will contact you to discuss your matter further.
Dear Sir/Madam,
Many thanks for your immigration enquiry.
From the information you have provided, you may be in a position to apply for British Citizenship. We will of course be required to establish whether your mother is British by decent or British otherwise than decent.
Our immigration solicitors will contact you shortly to discuss your British nationality matter further.
Dear Sir,
Many thanks for your enquiry.
Your partners status as ineligible for a US visa is unlikely to affect her student visa application in the UK. In any event, we will need to asses your partner’s immigration history in further detail before we can advise on her application for a Tier 4 student visa in the UK.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Thank you for your question.
Your brother would need to meet the financial requirement by showing that he has access to 200k of investment funds which are disposable in the UK.
I would like to make you aware that buying and selling property would not be an acceptable business idea for the Tier 1 Entrepreneur application and therefore is likely to be unsuccessful. The closest acceptable business idea for the property industry would be for example, interior design, architecture, construction.
Dear Sir,
Many thanks for your question.
We will require further information from you in order for us to advise you on your options to enter the UK.
Our Immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in finding out about your judicial review decision. Please note this is possible but there is a course of action that needs to be done by us to obtain the information you require. The best way to proceed would be to meet us in person at our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir/Madam,
Many thanks for your immigration enquiry.
we will need to assess your matter in further detail before advising you on your options.
Our Immigration Solicitors will contact you shortly.
Dear Madam,
Thank you for your enquiry.
From the information you have provided, it appears that you have appealed against the recent refusal of your husband’s application and this has been listed for a hearing in October. We will need to understand what application was submitted and why this was refused in order to advice you. Should you wish to challenge the deportation order against your husband, he may need to apply for a revocation of the deportation order.
Our Immigration Solicitors will contact you shortly to discuss your matter further.
Dear Sir/Madam,
Many thanks for your questions.
You may be able to rely on your expired B1 certificate if you used it in a previous Immigration Application.
Our Immigration Solicitors will contact you shortly.
Dear Madam,
Thank you for your enquiry.
There may be options available to you and your family to migrate to the UK.
Our immigration solicitors will contact you shortly.
Dear Sir,
We note that you are currently completing your second MSc on Cyber security and you would like to move to a Tier 1 Entrepreneur Visa to set up your own business in the UK. We can assist you with the Tier 1 Entrepreneur Visa application.
Our business immigration Solicitors will contact you to discuss the process in detail.
Dear Madam,
Your husband may be able to appeal this decision. The process will depend on whether your husband has been issued with an intent to deport notice, or whether a flight has already been scheduled for his removal. At OTS solicitors we have a wealth of experience in deportation matters and we would be happy to assist your husband further.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in obtaining a returning resident visa for your daughter. Please note this is possible but there are several requirements for this application to be submitted to the Home Office. The best way to proceed would be to meet us in person at our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
The period spent in prison cannot be counted towards your lawful residence in the UK for the purpose of Indefinite Leave to Remain based on 10 years long residence.
Our Immigration Solicitors will contact you shortly to discuss our matter further.
Dear Sir,
Thank you for your enquiry.
You may be able to apply for Asylum however, you will need to meet certain requirements in order for the application to be successful.
Our Immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided regarding your business experience and your interest in obtaining Tier 1 Entrepreneur Visa. The best way to proceed would be to meet us in person when you are in the UK during the 2nd week of May. We will contact you to arrange a meeting.
Dear Sir,
Thank you for your enquiry.
In order to be able to work in the UK for an employer, your partner will need to apply for entry clearance to the UK as a Tier 2 migrant. Your partner will need to receive a job offer from an employer with a Tier 2 Sponsor Licence.
Our Immigration Solicitors will be in touch with you shortly in order to discuss this matter.
Dear Sir/Madam,
Many thanks for your question.
You were born in the UK to a British Father in 1987. This may mean that you are eligible for British Citizenship. You will of course be required to prove your relationship with your father. From the information provided, you may find this difficult.
Our Immigration Solicitors will contact you shortly to discuss your matter in more detail.
Dear Sir/Madam,
Thank you for your Immigration enquiry.
For your British passport application, you are required to insert the date you entered the UK. If you cannot remember the exact date, the month and the year is generally permitted.
An Immigration solicitor will contact you shortly.
Dear Sir/Madam,
Many thanks for your question.
Our Immigration solicitors will contact you shortly to discuss your matter further.
Best,
OTS Solicitors
Dear Sir/Madam,
Many thanks for your question.
Our Immigration solicitors will contact you shortly to discuss your matter further.
Best,
OTS Solicitors
Dear Madam,
Thank you for your question.
It is possible for you to apply for citizenship on this basis and there are cases where such an application has been made successfully in our experience.
We are able to assist you with your application. The main concern is submitting sufficient and adequate evidence to show your continuous and lawful residence.
Our immigration solicitors will contact you shortly.
Dear Sir/Madam
We note your question regarding the recent changes in calculating the 180 days absences for ILR. Your understanding is correct that the current position from the Home Office is to apply this rule retrospectively. There are some limited exemptions to this. We will contact you shortly to discuss this further.
Dear Sir/Madam,
Thank you for your immigration enquiry.
We will require further information from you to advise you on your matter.
Our soliciotrs will contact you shortly.
Dear Madam,
Thank you for your immigrationenquiry.
You will generally be required to disclose your council tax debt if court proceedings/judgments were involved. In any event, we will require additional information from you before we can advise you.
A solicitor will contact you shortly.
Dear Sir,
Thank you for immigration enquiry.
Your friend may be able to apply for a visit visa, providing she meets the visit visa requirements. We will need to asses her activities and ties in Ghana as well as the financial aspect of her travel.
A solicitor will contact you to discuss this in more detail.
Dear Sir/Madam,
Thank you for your immigration enquiry.
Your partner may have the option of relying on the free movement rights of EEA nationals and their family members. Your partner may therefore be in a position to apply for a residence permit in the UK on the basis of his durable relationship with you, an EEA national who lives and works in the UK.
To be able to establish whether the criteria for the EEA immigration route are met we would need to obtain more information from you on the circumstances of your case. Our immigration solicitors will contact you shortly to discuss your matter further.
Dear Sir,
Thank you for your immigration enquiry.
You may combine your former leave under Tier 4, Tier 1 and Tier 2 with your current leave as an EEA family member and possiblyapply for Permanent Residence under the 10-year long residence route. Alternatively, you mayrely on your leave as an EEA family member and apply for Permanent Residence on this basis.
We can of course advise you further but would require additional information in order to do so.
Our Immigration solicitors will contact you to discuss your immigration matter shortly.
Dear Sir,
Many thanks for your immigration enquiry.
You are generally only permitted to enter the UK as a visitor for up to 6 months in any given year. Overstaying your visit visa, is a breach of the immigration rules. Thus, we will need to assess your matter further before advising you.
Our immigration solicitors will contact you shortly.
Dear Madam,
Thank you for your enquiry.
We will require further information in order to advise you on your EEA family permit.
Our immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your immigration enquiry.
You are generally required to complete the application form and answer all questions. You may have to wait for your child to get his British passport prior to applying for a spouse visa for your wife. If your child is a British citizen, you will only be required to show the financial requirement for your wife.
A solicitor will contact you to discuss this matter further.
Dear Sir,
Thank you for your immigration enquiry.
To fulfil the financial requirement for a spouse visa application, you may rely on your income and your cash savings.
An Immigration Solicitor will contact you shortly to discuss your spouse visa application in more detail.
Dear Sir,
Many thanks for your immigration enquiry.
There are several requirements the applicant is required to fulfil for the visit visa application. It is important to show that the applicant has enough funds to finance his stay in the UK, without recourse to public funds. It is also imperative to evidence the applicant’s ties to his home country when applying for a visit visa.
Our Immigration Solicitors will contact you shortly to discuss your matter further.
Dear Madam,
Thank you for your immigration enquiry.
You may be eligible to apply for retained rights of residence provided that you were married to an EEA National, and resided together for at least one year. Documents are an imperative part of the application as you are required to show that your partner was exercising treaty rights.
In any event, we will need to discuss your matter in further detail before advising you.
An Immigration Solicitor will contact you shortly.
Dear Madam,
Thank you for your enquiry.
You may be eligible to apply for Permanent Residence providing you meet the necessary requirements. Generally, you are required to show that your partner was exercising treaty rights and residing in the UK for a period of 5 years.
A solicitor will contact you shortly to discuss your immigration matter in more detail.
Dear Sir,
Thank you for your enquiry.
A solicitor will contact you to discuss your British Citizenship application.
Dear Sirs,
Thank you for your enquiry.
You are right to focus on the type of business to establish/join in the UK as a starting point for the Entrepreneur application - choosing the type of business is an important part in preparation for the Tier 1 Entrepreneur application. Investment can be made in a business established by the Applicant or in an already existing business subject to meeting certain requirements. However, as the Entrepreneur rules are very complex and their application can change depending on specific circumstances, we would need to obtain detailed instructions in order to advise on the business options, the investment and other requirements for the visa. In terms of your daughter turning 18 years old in September, for UK visa purposes to be able to apply as child dependant children must be below 18.
A solicitor will contact you shortly.
Dear Sir,
Thank you for your enquiry.
For Tier 1 Entrepreneur Visa it is normally permitted to invest the £200k funds by way of shares. However, as the Entrepreneur rules are complex and its application depends on specific circumstances of each Applicant, in order for us to provide an advice we would need to obtain more detailed instructions on the circumstances of your case. We therefore recommend arranging an initial consultation with us allowing us to get the necessary factual information and then provide our advice.
One of our solicitors will contact you shortly.
Dear Sir,
Thank you for your immigration enquiry.
Your partner's annual income may also be taken into account as she is legally working in the UK.
We will need to consider your Employment and self-Employment history in further detail.
A solicitor will contact you shortly to discuss this matter furhter.
Dear Sir,
Thank you for your enquiry.
You are able to change employers as long as they have a sponsorship licence. Switching employers while on a Tier 2 Visa is a very complicated process. We can help you successfully deal with the challenges a Tier 2 change of Employment can bring.
One of our soliciotrs will contact you to discuss your matter further.
Dear Sir,
Thank you for your immigration enquiry.
We will require further information from you in order for us to advise you.
One of our solicitors will contact you shortly.
Thank you for your enquiry. Based on the information you have provided, it would appear that you have a complex Nationality matter which needs to be explored in its entirety. Please call us on 02079369960 to discuss your matter in detail and we can advise accordingly.
Dear Sir,
Thank you for your immigration enquiry.
We will need additional information from you in order to advise you on your eligibility for British Citizenship.
A solicitor will contact you shortly.
Thank you for your immigration enquiry.
You should not be required to continue working with your sponsor once you obtain ILR. In any event, we will need further information from you in order to advise you.
One of our solicitors will contact you shortly.
Dear Sir,
Many thanks for your immigration enquiry.
In situations like this where you were previously exercising treaty rights the engagement of treaty rights means that your wife should be able to continue under the EEA route to settlement. As such it would appear that you would certainly have good grounds for challenging the decision.
One of our solicitors will contact you shortly.
Best,
OTS Solicitors
Dear Sir,
Thank you for your immigration enquiry.
Your wife should not be required to take the English Language test as she is from a majority English speaking country.
A solicitor will contact you to discuss your matter further.
Best,
OTS Solicitors
Thank you for your enquiry.
You’ll be asked to provide your fingerprints and photo (‘biometric information’) as part of your application, once you submit your application.
In regards to your passport photographs, your referees are not required to sign the back of your photographs unless you are also submitting a passport application along with your naturalisation application.
Someone will be in touch with you to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
We would need further information from you before we can advise you on your matter.
Someone will be in touch with you to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Dear Sir, you cannot continue working for your sponsor if there licence has been revoked. You can only continue working for your sponsor if their licence has been suspended until a formal decision is made to revoke their licence. You must cease working effective immediately. Should you require any further advice on this matter, a member of OTS Solicitors shall be in contact shortly.
Dear Madam,
Thank you for your enquiry. Your entitlement to nationality in this case would not be through your grandfather directly and would depend on the nationality of your parents. I would need further information to confirm whether you have an entitlement to British nationality.
A solicitor will contact you shortly to discuss your matter further.
Thank you for your enquiry.
You should be able to switch to Tier 2 visa from your Tier 4 visa, providing you meet the relevant requirements.
We would need to have some further information from you in order for us to advise you further.
A solicitor will contact you shortly to discuss your matter.
Dear sir, unfortunately, you must make your application for leave to enter as a Tier 2 migrant by way of entry clearance from your country of residency. You could not make an application for leave to remain in the UK as a Tier 2 (General) migrant from within the UK if you have a temporary visa. If you would like to discuss this matter, a member of OTS Solicitors would be happy to contact you.
Dear Sir/Madam,
Thank you for your enquiry. We will need further information from you in order to advise you on your naturalisation application.
A solicitor will contact you shortly to discuss your matter further.
Dear Madam,
Thank you for your enquiry.
In the recent years, Home Office have been extremely harsh with visit visa applications. The refusal rates for visit visas are on the rise and therefore Applicants should submit a comprehensive and detailed application to avoid refusals.
We understand that a member of staff at OTS Solicitors has already spoken with you about your aunt’s visit visa application and you are liaising with them to find a solution.
Our caseworkers at OTS have dealt with several complicated visit visa applications and we are hopeful that we can assist your aunt too.
Thank you for your enquiry.
We would need to have further information from you in order for us to advise you on your matter.
A solicitor will contact you shortly to discuss your matter.
Thank you for your immigration enquiry.
In order to confirm whether you would need to apply for an extension prior to being entitled to apply for ILR we would need to have some further information about your matter. In particular the date you first entered the UK with leave as a partner under Appendix FM of the Immigration Rules.
A solicitor will contact you shortly to discuss your matter.
Thank you for your question.
We will require further information from you before we can advise you on your matter.
A solicitor will be in touch with you shortly.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Sir,
Thank you for your question.
You may be eligible for retained rights of residence. In order to advise you on your options to remain in the UK we will require further information from you.
A solicitor will be in touch with you shortly.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Thank you for your question.
Your child should be able to exercise her treaty rights in the UK. In order to advise you on your residence permit and the possibility of acquiring Permanent Residence, we will require further information from you before we can advise you on your matter.
A solicitor will be in touch with you shortly.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Thank you for your enquiry. You appear to be raising a number of issues in respect to divorce and immigration. Your wife’s entitlement unless legally agreed will be limited to an entitlement of your share of any property that you jointly own with your brother. It would be good if I could establish further facts in your matter in order to advise you fully, in particular it will be relevant to know whether you have children or not. I will try to contact you shortly in order to discuss your matter further.
Thank you for your enquiry.
In order to apply for PR as a student, the general rule is to hold comprehensive sickness insurance or European Health Insurance for the full duration as a student. At times, the Home Office have exercised discretion over those who have not held the same for the full period however, we must assess your case in more detail before we can confirm this.
A solicitor will contact you shortly to discuss your matter further.
Thank you for your question.
We will require further information from you before we can advise you on your matter.
A solicitor will be in touch with you shortly.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Thank you for your question.
We will require further information from you before we can advise you on your matter.
A solicitor will be in touch with you shortly.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Mr Butt, we can definitely arrange to meet you at our office in London. Currently, our offices are located in London only. Pavandeep Bassi, the Head of Immigration shall contact you to arrange the appointment at your convenience.
Thank you for your question.
We will require further information from you before we can advise you on your options.
A solicitor will be in touch with you shortly.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Sir,
Thank you for your question.
We will require further information from you before we can advise you on your options.
A solicitor will be in touch with you shortly.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Sir,
Thank you for your question.
We will require further information from you before we can advise you on your options.
A solicitor will be in touch with you to talk with you about your options.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Sir,
Thank you for your question.
Usually, absences are looked over the last 5 year-span. The general rule for ILR is that absences must not exceed more than 450 days over the last 5 years and no more than 90 days in the last 12 months. In your situation, you may be able seek discretion however, we must understand and calculate your absences and advise you thereafter. At this stage, we request you to attend our offices for a consultation to discuss the matter further.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Madam,
Thank you for your question.
You are are generally entitled to apply for Indefinite Leave to Remain after having completed 5 years in the UK as a Tier 2 Dependant.
Someone will be in touch with you to talk with you about your options.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Sir,
Thank you for your question.
Your wife should be able to apply for citizenship since she acquired Indefinite Leave to Remain in 2015.
Someone will be in touch with you to talk with you about your options.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear sir,
It is very unfortunate that your visa is due to expire, however, we would not encourage you overstay in the UK, because a Sponsor Licence application can take a few weeks to be processed. We recommend that you leave the UK and apply as Tier 2 Migrant once the Sponsor Licence is granted and the organisation assigns the correct CoS to you. For more information, a business immigration solicitor at our firm who specialises with Tier 2 visas shall contact you shortly.
Dear Sir,
Thank you for your question.
It appears that you have been granted Limited Leave to Remain with your partner on the 10 year route to settlement, as you were previously an overstayer.
A member of OTS Solicitors will contact you to explore your immigration options further.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Sirs,
I hope this finds you well.
Thank you for the enquiry you sent us.
Yes, there is some changes but you would still need to have a sponsor sponsoring you in the UK and you would need to have CoS in order to switch to Tier 2.
Should you need further information, I suggest you book an initial consultation to see us to discuss your option in the UK.
Please kindly contact our office on 0207 936 9960.
Thank you very much.
Thank you for your question. We would need some more details to help you with your question. Someone will be in touch with you over the next few days to discuss.
Please note: This answer cannot be taken as legal advice. To provide legal advice, we need to have your formal instruction.
Best wishes
OTS Solicitors
Dear Sir, we can certainly assist you with your query regarding a Tier 1 Entrepreneur Visa. One of our specialist business immigration Solicitors will be in contact with you shortly.
Dear Shehzad,
Thank you for your enquiry.
You will not generally be required to provide your ex-partners documents if you submit your Permanent Residence application after 2021.
An Immigration advisor which specialises in EU Immigration law from OTS Solicitors will be in touch shortly to discuss your query in more detail.
Best Regards,
OTS Solicitors
Dear Madam,
Thank you for your question.
You may be eligible to apply for retained rights of residence. We will contact you shortly to discuss your options in more detail. Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form. I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Dear Sir,
Thank you for your enquiry.
As your father was born in the UK he will automatically be a British citizen in the majority of cases. As such it is likely that this nationality has been passed on to you. However, I would need to obtain a little more information to confirm whether you have an entitlement to British nationality.
We will contact you shortly to discuss your matter further.
Best Regards,
OTS Solicitors
Thank you for your enquiry.
You may be able to re-apply for naturalisation, however, it is important for us to consider the refusal letter before we can advise any further. We will also need to take detailed instructions from you with regard to your police caution and establish how we can address this were you to qualify to make a new application. At this stage, we strongly suggest you attend a consultation at our office in order for us to assess your matter in detail.
We will contact you shortly to discuss your immigration matter.
The various, rather complicated, ways of proving your English language ability are set out in Appendix B to the immigration Rules particularly at para 6 onwards. It is quite complicated as you can see but we could discuss this. The real issue in our experience in Entrepreneur cases is the Home Office’s expectations as to proving that the business venture is a credible and realistic one: they have some funny ideas. Please kindly get in touch with myself, Oshin Shahiean on 0207 936 9960 and myself and my colleagues in the business immigration depart would be more than happy to assist you through the process.
Dear Sir, it would be difficult to assess whether it would be possible for your dependants to apply for ILR at this time without a thorough assessment of their immigration history. In order to assist you with your matter, a member of OTS solicitors shall contact you and take further instructions.
Dear Mr Nankani, investment for the purposes of the Tier 1 Investor visa must be made way of investing into UK Government Bonds; or Company Share Capital or Loan capital in active and trading UK registered companies. Investment cannot be directly made into the UK Equities market. You would be entitled to Citizenship upon meeting the residency requirements at the time. Marriage to a British Citizen would make a difference to the residency requirements for the purposes of naturalisation, however, you have been granted Indefinite Leave to Remain on the 5 year partner route under Appendix FM. For a comprehensive discussion of your enquiry, a qualified immigration advisor from OTS Solicitor shall contact you shortly.
Dear sir/madam, OTS Solicitors can assist you with an fresh tourist visa. We would have to provide an explanation for the omissions in attempt to challenge the existing ban. A member of our experienced immigration team shall be in touch to take further instructions.
Thank You for your enquiry.
We will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank You for your enquiry.
You can apply to bring a dependant to the UK if you’re sponsored by a higher education institution on a course at level 7 on the Ofqual register or above that lasts 1 year or more. Your children should be able to attend a primary school in the UK. However this will depend on individual schools.
We will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Dear Madam,
Thank you for your enquiry.
We will be able to assist you with your partner's spouse visa application. However, it is important to asses your matter further and establish whether your partner qualifies to come to the UK under the spouse visa route.
We will contact you shortly to discuss your partners immigration matter.
Kind Regards,
OTS Solicitors
Thank You for your enquiry.
You should not have any problems travelling back to the UK. However we will advise that you ensure you have all the correct documentation for you and your family evidencing your immigration status.
We will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank You for your enquiry.
You must have a minimum salary of £18,600 per year and have had this level of income for six months or more. If you do not have an income, you must have the required savings in order to satisfy the financial requirement.
We will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Dear Sir,
Thank you for your enquiry.
The £50,000 route is closed for applicants from overseas wishing to invest their own money. The required investment for Tier 1 is £200,000. If your intention is simply to work in the UK, you need to secure a job offer from a UK based company willing and able to sponsor you for Tier 2 visa.
We will contact you shortly to discuss your immigration matter in more detail.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank You for your enquiry.
We will be in touch with you shortly to see how we can help you further.
Best regards,
OTS Solicitors
Thank You for your enquiry.
Without knowing the details of the suspension, it is not possible to comment how long it will take the Home Office to come back to them.
If the licence is revoked, the pending Tier 2 applications will be refused and the migrants will be issued with letters informing them they should leave the country.
We will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Sir as a visa national, you do not need to apply for a visitor visa to enter the UK as a tourist. However, we would encourage to you make a formal application as visitor due to the fact that you have previously overstayed in the UK. This is the most appropriate course of action rather than explaining yourself to border control upon return to the UK and there is always a risk they can refuse you entry at port.
Dear Sir, OTS Solicitors would be more than happy to assist you with your Tier 1 Entrepreneur Visa. A member of our specialist Tier 1 team will contact you shortly to discuss your enquiry in more detail.
Dear sir, you may not be automatically entitled to British Citizenship as you were born after 1st January 1983, however, if you have met the residency requirements in the UK, you may qualify for naturalisation as a British Citizen.
Thank you for your question.
We will require further information from you in order to advise you. We will contact you shortly to discuss your immigration matter in more detail.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our cotnact form.
Best regards,
OTS Solicitors
Dear Madam, thank you for your citizenship enquiry with OTS Solicitors. Your query raises complex issues which would be happy to address with you. In order to achieve the best resolution to your query, a legal advisor from OTS shall be in contact you with shortly.
Dear Sir, once an individual transfers onto the partner route which is a 5 year route to settlement, the individual must complete a full 5 years before being eligible to apply for Indefinite Leave to Remain under Appendix FM of the Immigration Rules. Leave to enter or remain, can only be amalgamated in order to meet the continuous residence for the purposes of applying Indefinite Leave to Remain based on the long residence policy (10 years lawful leave to remain). We trust this information proves useful. Nevertheless, an immigration advisor from OTS Solicitors.
Prior experience in a particular field is not a pre-requisite for a Tier 1 visa, though experience or background understanding of the industry does help particular with answering questions on interview and in satisfying the genuine Entrepreneur test. Our expert business immigration advisors can provide comprehensive assistance for those seeking to obtain settlement through investment in an existing business or launch a start-up in the UK. A member of the team will contact you for a more further in-depth discussion of our services.
Dear sir, the Home Office has unfortunately refused your application under Paragraph 322(5) because the income which you had confirmed that you had received from your activities as self-Employment in your application for leave to remain/ILR did not reflect the figures provided to the HRMC. Regardless of whether you have now gone back and confirmed the correct figure and paid the correct amount of tax which previously fell due, the Home Office have taken the view that you would not have received the appropriate points required had you declared the figures given to the HRMC to the Home Office as the time of your previous applications for leave to remain as a Tier 1 (General) migrant. A member of our business immigration team shall be in touch with you shortly, should you wish to discuss the decision in further details and your options moving forward.
Dear Sir, in order to establish whether you may have a claim to British Citizenship, you would need to explore your father’s eligibility to British Citizenship as former member of a UK Colony. To proceed further with your matter, one of our immigration advisors who specialise in British Citizenship shall be in touch shortly.
Dear Sir/Madam, as long as you can show that your EEA Partner has been exercising Treaty Rights for the last 5 years and that you have been living as their partner during this period, then you would be eligible to apply now and do not need to wait until 2021. We can confirm that a member of OTS Solicitors shall be in touch shortly to discuss the requirements of Permanent Residence under the EEA regulations.
Dear Sir, unfortunately, it is not clear from the limited information we have as to why the Home Office rejected your partner’s renewal application. Brexit has not caused the Home Office to put a stay on EEA Applications, they are still being processed as normal. We believe that in order to ascertain the reasons why your partners application, a member of our EEA specialist at OTS Solicitors shall be in touch with your shortly to discuss this matter further.
I understand that you have a pending appeal in May 2018 regarding the decision to refuse your EEA application. You stated you currently have an Irish residence card and have applied to be recognised as the Family Member of an EEA national. I tried to call you in order to establish some more details with respect to your application. I am assuming that you have made the application as the family member of your son who is an EEA national and that this application for a registration certificate was refused. You have asked what you can do as the Respondent, in this case the Home Office, have not provided the documents to you yet that they have been directed to provide. It is possible to chase the Presenting Officer’s Unit for these documents and I can assist you with doing this. From your enquiry it would appear that you did not seek legal advice prior to filing the appeal and are acting as a litigant in person. This can be quite daunting and you are likely to find the issues arising during the appeal process complicated. In order to help you to prepare for the appeal and stand the best chance of success I would strongly recommend you seek legal advice. We offer an hour long consultation where I can go through your documents and provide you with detailed advice with respect to your matter. This would include advice on obtain a Barrister to represent you for the hearing and ensuring that you comply with the directions of the Tribunal ahead of the hearing, in particular preparing an indexed and paginated bundle of documents to support your appeal and ensuring these are served on the parties correctly and in good time.
Thank you for your enquiry.
Based on the information that you have provided me it would appear that you and your brother have British nationality by descent. However, in order to evidence this you would need to apply for either a British passport or a certificate of entitlement of your right of abode in the UK. The position for your wife and child is more complicated. I would need more details with respect to your child to find out if they would be able to register as a British national. From what you have told me your wife would not have any entitlement to British Citizenship by virtue of her marriage to you. However, as your dependent and potentially the mother of a British national there are likely to be a number of routes to settlement in the UK open to your wife. As your matter is quite complex I would suggest that you arrange an initial consultation by Skype or telephone so that we can discuss your matter in more detail and I can provide you with specific legal advice and lay out your options in respect to your and your family’s options.
Dear Elena,
Thank you for your immigraton enquiry.
It would be helpful to meet with you to get some further details from you in relation to your enquiry in order to give you the appropriate legal advice. However, on the basis of what you have advised it would appear that the issue with your original application is not necessarily a procedural error but that the Home Office have not accepted the evidence that you have provided as sufficient evidence that you are in the country. Although a bank statement may indicate that you are in the country, alone this well not necessarily be sufficient evidence. If this is the case then it may not be possible to address the matter with a reconsideration request and it may be necessary to submit a fresh application for naturalisation. Furthermore, as you rightly pointed out there is no timescale for a reconsideration to be dealt with so it could be a significant period of time before you get a response to your request and it is possible that the Home Office may refused to reconsider my application. If you are able to come in to our office and bring the documents that you submitted with your previous application and the letter with the reasons for refusal of your application I will be able to go through these and give you detailed advice as to the best route to you obtaining British naturalisation in your case.
Please could you advise which Tier 1 application you made and the reason that you did not travel prior to your leave expiring. Generally if you have not travelled during the period of time prior to your leave expiring you will not be able to obtain a new grant of leave without making a fresh application. However, there are some exceptions.
Dear Sir, when a British Citizen sponsors their family members to join them in the UK under Appendix FM, as their sponsor, you have to show an intention to remain and reside in the UK with your partner. Nonetheless, if you are working for a UK company abroad on a project or secondment, it may possibly be an exemption from you living in the UK with your partner. For us to further ascertain whether your wife and children could live in the UK whilst you work abroad, please arrange a consultation with one of our immigration advisors who would be happy to assist you with your query.
The Tier 1 Entrepreneur route is open to visa applicants applying from abroad and from within the UK to leave holders in certain categories. Visa Applicants from abroad must show they have access to £200,000 held in a regulated bank account. For further detailed, please contact one of our Tier 1 Specialists at OTS Solicitors who would be happy to speak to you in more detail.
Dear Madam, we understand that your husband has filed a judicial review. This would mean that it would be up to the Immigration Tribunal Judge at the Upper Tier Tribunal to decide whether your husband’s claim ought to have given rise to an in-country right to appeal and whether the certification of his appeal should be lifted. If you would like to discuss this matter further, please do not hesitate to contact us for a consultation with one of our Immigration & Public law specialists.
Dear Sir, it is a very unfortunate position you have been put in, however, we believe that it would be more appropriate in these circumstances for you to speak to an Immigration law firm in Abu Dhabi, or the Ghanaian Consulate for advice as your matter is not regarding a UK bound visa. I hope your find a quick resolution to your matter.
Dear Sir, we would encourage you to make a simple correction on the printed application and provide an explanation of the correct, and as you have suggested, add a note to confirm that it was you, the Applicant who is making changes and sign it. Failing to send your printed paper application would not bode well with the Home Office. Should you require any further advice on this matter, please contact OTS Solicitors and you shall be put in touch with a member of staff which specialises in Permanent Residence applications.
Dear Madam, if you have made an application for leave to remain from within the UK which does not attract the right to appeal, you will have to consider the merits to proceed to challenge the decision by way of judicial review within 3 months of receiving the decision. In order to consider the merits to do so, we would like to request you arrange an appointment to meet one of our experienced advisors who shall be in touch shortly to arrange a consultation.
Dear sir, unfortunately, we are unable to expedite an out of country administrative review or attempt to persuade the UKVI to show leniency. An administrative review is a review of the decision in light of an error in the application of the immigration rules or consideration of material evidence submitted at the time of the application. Should you wish to continue to attempt to provide a letter of leniency, it can form part of your administrative review grounds. A member of OTS solicitors shall be in touch, should you wish to speak to us in depth about your administrative review or the process of reapplying for your Tier 4 visa.
Dear sir, it would be unwise not to inform the Home Office that you received a CCJ and you are supposed to declare any civil judgment or any civil penalty received in the UK. We would suggest that you arrange a comprehensive consultation with a member of our European law team. During this consultation, you will be able to ascertain if it will affect your application for permanent residency.
Dear sir, whether you only have school education to 10th grade, will not preclude you from applying for a for Tier 1 entrepreneurs visa, if you are able to meet the requirements for entry clearance and can show the industry experience in your chosen/established business. Our very experienced business immigration team will certainly be able to assist you with your application and shall be in touch with you shortly.
Dear Sir, the rules relating to migration to the UK as an adult relative are very challenging, particularly if you are unable to show some form of dependency on the relative in the UK. Nonetheless, a member of the OTS Team shall be in contact to arrange a consultation to explore the possibility for you
Dear madam, thank you for your query. Unfortunately, visitor/tourist visas do not permit you to work in the UK or switch into a category which will allow you to work in the UK. However, a member of OTS Solicitor will contact you to assess your options of migrating to the UK.
Sir, OTS Solicitors can definitely assist you with your query regarding the possibility of applying for the sole representative visa. A member of our specialist business immigration team shall contact you in order to discuss the services that can be provided to you
Dear Sir, applying for retained rights of residency upon separation with an EEA national requires very specific documentation. In order to assess your eligibility further, our European law specialists at OTS Solicitors will be more than happy to contact you in order to assist you.
Dear Sir, we can confirm that your spouse may not need to in fact leave the UK to remain her as your partner and that there may be other options available to your partner prior to considering her return to the US . OTS Solicitors have a specialist team which deal with these queries and shall be in touch in order assist you with your query.
Sir, your query raises complex migration issues which best suit in depth discussion. As you have correctly pointed out, an Italian ID card does not confirm Italian citizenship. Our European law specialists at OTS Solicitors can deal with your query and will be in touch with you shortly in order to help you ascertain the possibility of you returning to Italy post Brexit.
Dear Sir, we have a specialist team at OTS Solicitors which advice and assist in the preparation of Tier 1 Entrepreneur Visas. A member of the team shall be in touch very shortly to arrange a consultation with you. As part of the service we shall explain in full what services we offer. The factors of success can be based on a number of aspects which we shall explain in detail.
Dear Madam, in order to ascertain whether your children may be eligible to register as British Citizens or apply for a British Passport, it would proof useful for one of our immigration advisor to arrange a telephone consultation with you. One of our Immigration advisors will be in touch to arrange a consultation with you.
Dear Sirs, we can confirm that your partner and children are eligible to apply for leave to enter the United Kingdom as Points Based (PBS) dependants, should your visa be granted. Your parents unfortunately cannot be considered as a PBS Dependant and they would have to apply for an Adult Dependant visa. The requirements for entry as an Adult Dependant can be quite a difficult process, however, our specialist Immigration advisors at OTS Solicitors will contact you shortly to explain the process in detail.
Dear Sir, OTS Solicitors can certainly assist you with the fiancé visa query as we specialise in family migration applications to the United Kingdom from countries all over the world. One of our specialist Immigration advisors shall be in contact with you shortly.
Dear Madam, on behalf of OTS Solicitors, my condolences on your loss and we will try to assist you the best we can with your Immigration query. One of our specialist Immigration advisors shall contact you shortly in order to arrange a consultation. Best Regards.
Dear Sirs/Madam, the eligibility for Tier 2 ILR is not worked out based on the stamps into your passport or the date you official began working for your sponsor. We would be happy to provide you advice on your eligibility for Tier 2 ILR during a legal consultation with one of our business immigration legal advisors.
Dear Sirs/Madam, unfortunately, your eligibility to extend your Tier 4 from within the UK will factor on a number of different issues including proof of academic progression. One of our legal advisors who specialise in Tier 4 visas shall contact you shortly to discuss your query further.
Dear Madam, your query regarding your husband’s eligibility for British Citizenship raises some complex issues and we are unable to provide comprehensive advice based on the information provided thus far. One of legal advisors who specialise in citizenship and spousal enquiries will be in touch shortly to arrange a consultation to discuss your query further.
Dear Sir, from the information provided above, you may possibly be eligible to apply for a UK Ancestry visa. Nonetheless, a member of our British nationality advisors shall contact you to discuss your eligibility for Adult Registration as a British Citizen and your eligibility for a UK Ancestry visa.
Hi there, this is an unfortunate state of affairs. It is not uncommon to become unstuck by visa questions as they can sometimes appear to be quite ambiguous. This is a scenario that we have experience dealing with and would be happy to assist you should you require assistance to address this issue.
Dear Sir, it is appears that you may possibly be eligible to apply for a Tier 1 (Entrepreneur Visa). Our experienced business immigration team would be happy to assist you or alternatively provide you with advice on any other potential route to settlement you may be eligible for.
Dear Sir,
Thank you for your enquiry.
The requirements under the European Regulations regarding absences are standalone to UK domestic legislation. This means that you would have to comply with the requirements of British nationality rules which also include stating your absences for the past 5 years. We would be happy to assist you should you require our service in this matter.
Dear Madam, we are sorry to hear this. You could potentially be eligible to proceed in applying for Indefinite Leave to Remain even though you are separating according to the Immigration Rules. We would be happy to discuss your matter during consultation to further ascertain your eligibility.
Dear Sir,
Thank you for your enquiry.
Your will need to meet certain requirements in order to bring your wife in the UK under the Entry Clearance route.
Generally, the following requirements must be met.
- You must intend to live together permanently.
- You must have enough money to support yourselves (and any dependents) without claiming public funds.
- Your (the sponsoring partner) must earn more than £18,600 per year or have enough savings to be able to sponsor you.
- You must have suitable accommodation for you, your spouse and any dependants.
- You wife must satisfy the English language requirements.
Please note there are additional requirements that need to be met.
We will contact you to discuss your immigration enquiry in more detail.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Thank you for your enquiry.
We will require further information from you in order to advise you.
We will contact you shortly to discuss your immigration matter.
Thank you for your enquiry.
You may be eligible to apply for Permanent Residence providing that you can show that your ex-partner was exercising treaty rights from the date of marriage till the date of divorce. You are also required to show that you were exercising treaty rights after the divorce, for the rest of the qualifying period. There are additional requirements that you must meet to qualify.
We will need to assess your matter in more detail before advising you.
We will contact you shortly to discuss this matter further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Thank you for your enquiry.
We may be able to assist you in your application for admin review, however will require further information from you in order to advise you.
We will contact you shortly to discuss this matter further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Thank you for your enquiry.
If you are a recognised refugee under the 1951 United Nations Convention Relating to the Status of Refugees, then you can apply for Indefinite Leave to Remain following five years continuous residence in the UK.
It is imperative to take this action a month before your right to stay in the UK as a refugee expires, otherwise you may have your refugee status revoked.
The Home Office will review the current situation in your home country prior to granting or refusing your ILR application.
We will need further information from you in order to advise you.
We will contact you shortly to discuss this matter further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Thank you for your enquiry.
Generally you are able to apply for Admin Review or submit a new application. However, we will need further information from you in order to advise you.
We will contact you shortly to discuss this matter further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Dear Sir,
Thank you for your enquiry.
From the information you have given, you should have not applied in country, as Tier 2 dependent cannot switch in country. As this is a very delicate matter, we will not be comfortable to give you any advice without speaking to you and getting your full instructions.
We will contact you shortly.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Thank you for your enquiry.
If you are settled in the UK and have an adult relative who depends on you for day to day support and care, then they can apply for an Adult Dependent Relative Visa, so they can join you in the UK for up to five years. After five years, your relative may apply for Indefinite Leave to Remain.
You will need to meet a number of requirements such as showing that your relative requires long-term personal care on a day to day basis, including help with daily tasks such as washing and cooking. And you will need to show that you can provide proper support, accommodation and care for your relative without claiming additional welfare or public funds to do so, and you must show evidence that you can continue this for a period of five years
We will contact you shortly to discuss this matter further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Thank you for your enquiry.
A UK settled person, who wishes to sponsor a non-EEA spouse, civil partner, unmarried partner or fiancé to join them in the UK, must have a minimum salary of £18,600 per year and have had this level of income for six months or more. A further £3,800 is required for one dependent child and £2,400 for each additional child.
Your son may be eligible for British Citizenship, however we will require further information in order to assess this.
we will contact shortly.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Dear Sir,
Thank you for your enquiry about your Tier 2 visa application.
One of our team members has already contacted you to see how we can assist you in overcoming the consequences of the re-entry ban placed on your immigration records.
Should you have any further queries, please do not hesitate to contact us.
Dear Sir,
Thank you for your enquiry.
The Sala case has made it clear there is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member. However we can always take instruction from you and examine whether there are any merits on your case for judicial review.
We will contact you shortly to discuss this matter in further detail.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Kind Regards
OTS Solicitors
Dear Sir,
Thank you for your enquiry.
We will require further information in order to assess your position.
We will contact you shortly to discuss your immigration matter.
Regards,
OTS Solicitors
Dear Sir,
Thank you for your enquiry.
Ideally you will need to carry out a resident labour market test and request the restricted certificate of sponsorship from the Home Office.
However this is a complex matter, and requires further examination.
we will contact you shortly to discuss this matter in further detail.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
Kind Regards
OTS Solicitors
Dear Madam,
Thank you for your enquiry.
The maximum time you can be out of the UK as a family member of an EEA National is 6 months in a year. From the facts you have provided your mother in law has exceeded this.
We will require further information from you in order to asses the options your mother in law has.
We will contact you shortly to discuss your mother's immigration matter.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contract Form.
We look forward to hearing back from you soon.
Dear Sir,
Thank you for your enquiry.
In regards to your background experience in construction and civil engineering, if you can show the transferable skills you would have in managing a IT business in the UK then it may be possible for you to qualify under the genuineness test for Tier 1 Entrepreneur Visa. You will be required to submit the right type of evidence in support of your application. We will be able to assist you with this.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.
Kind Regards,
OTS Solicitors
Thank you for your enquiry.
It is difficult to confirm whether your previous conviction will negatively impact your application. However, we will require additonal information to assess this.
Please note it is important to disclose all convictions when making an application to the Home Office for settlement. The Home Office may consider previous conviction when looking at the good character requirement.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.
Thank you for your enquiry.
We note that you currently hold Indefinite Leave to Remain and as such you will not be required to make an application for permanent residency. You may be eligible to apply for naturalisation depending on how long you have held Indefinite Leave to Remain.
We will contact you shortly to discuss your matter further.