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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 the best expert legal advice on UK immigration law, contact OTS London immigration solicitors today.
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
With almost daily Home Office updates on Brexit and immigration law, even the most experienced London immigration solicitors can feel as if Brexit will never end. That’s perhaps not surprising given its over three years since the Brexit referendum. However, if immigration solicitors think that Brexit will never be out of the news or off the political agenda, spare a thought for EU nationals living in the UK, not knowing what their best Brexit options are.
Settled Status solicitors
London based OTS Solicitors help individuals and businesses with all aspects of personal and business immigration law ensuring the best immigration outcomes. Applying for Settled Status as an EU citizen is made hassle free with the OTS Solicitors same day Settled Status service.
If you want to talk about your Brexit options or need Settled Status fast call our Brexit team hotline on 0203 959 9123 or complete our online enquiry form.
Your Brexit options
For EU citizens living in the UK the best Brexit options can seem overwhelming and that is why it is tempting to do nothing. But what are your options if you are an EU citizen living in the UK?
According to Brexit team solicitor Hans Sok Appadu, your options are:
• Do nothing – that may seem like the easiest option but it is not the best strategy. In both the short and long term doing nothing won't be in your best interests;
• Check your immigration status to see if you are already entitled to Permanent Residence or Leave to Remain in the UK. It can be worth asking a Brexit solicitor for advice on your immigration status because applications for Permanent Residence are dealt with under the Immigration (European Economic Area) Regulations 2016 rather than under UK Immigration Rules. If you are an EU citizen who came to the UK before the EEA Regulations 2006 came into force, you may have Indefinite Leave to Remain rather than a right to apply for Permanent Residence.
• Apply for pre-settled status or Settled Status under the EU Settlement Scheme. If you make an application for either pre-settled status or Settled Status under the EU Settlement Scheme then Home Office officials will consider your application using Immigration Rules and guidance contained in Appendix EU and Appendix EU (Family Permit). These two Appendixes state how EEA citizens, their family members, and the family member of qualifying British citizens, can apply for pre-settled or Settled Status under the Immigration Rules.
The options may make you think that you will decide what to do on another day but that isn’t necessarily in your best interests. In this blog we look at your best Brexit strategy and options.
Pre-settled status and Settled Status under the EU Settlement Scheme
In essence, if you have been in the UK for five years and have been exercising treaty rights (and can prove it) then you are likely to get Settled Status under the EU Settlement Scheme. If you haven’t been living in the UK as an EU citizen for the last five years then you can apply for pre-settled status and convert to Settled Status once you have established five years residence in the UK.
The main advantage of applying for pre-settled status or Settled Status under the EU Settlement Scheme is that after freedom of movement for EU citizens in the UK has ended you won't be subject to the same immigration controls that will be placed on EU citizens who come to live and work in the UK after Brexit.
The government has stated that after Brexit and the end of free movement for EU citizens, the UK immigration policy and Immigration Rules will be the same for EU citizens and non-EEA nationals. That means EU citizens who want to live and work in the UK will be subject to the same stringent immigration controls that non-EEA nationals experience, such as the need to apply for:
• Visit visas to come to the UK to see friends and family or for tourism;
• Work visas (Tier 2 (General) visa) to take up employment in the UK;
• Student visas to study at UK colleges or universities;
• Family visas to join spouses or partners in the UK.
Evidence of status
Whether you decide that the best option for you is to apply for Settled Status under the EU Settlement Scheme, Permanent Residence or Indefinite Leave to Remain, each of these applications will provide you with formal evidence of your status as an EU citizen living and working in the UK and having pre-Brexit rights.
If you have been settled in the UK for a long time then it can be galling to think that evidence of your status is required. However, immigration solicitors say that securing evidence of your EU status will make life easier for you after the end of freedom of movement.
The best Brexit option for you
With all the publicity about the EU Settlement Scheme and some of the scare stories in the press about:
• The difficulties encountered by people in applying for Settled Status;
• The delays in getting decisions from the Home Office on Settled Status applications;
• Home Office officials giving applicants pre-settled status rather than the expected Settled Status
It is easy to forget that you have alternative Brexit options, such as Permanent Residence or Indefinite Leave to Remain.
Settled Status solicitors
Although Settled Status solicitors are specialists in making applications under the EU Settlement Scheme and advising on the paperwork you need to best secure Settled Status, immigration solicitors will also look at your alternate options to find the best Brexit solution and outcome for you and your family.
Although we have heard Boris Johnson say that he is ‘Brexit ready’ on many occasions the question is ‘are you Brexit ready?’ Many EU citizens assume that getting Brexit ready is just a case of a quick application for Settled Status but it is worth asking the question of a Settled Status solicitor ‘is the Settled Status scheme the best option for me?’
If Settled Status is the best route for you then our same day Settled Status service is the fastest and most convenient way to make sure you are Brexit ready and secure either pre-settled or Settled Status
How can OTS Solicitors help get you Brexit ready?
At OTS Solicitors our Brexit team of specialist Settled Status solicitors and Immigration lawyers will help clear up any questions or concerns that you may have about applying for Settled Status and what it means for you. We will also check that Settled Status is the best settlement route for you before we fast track any Settled Status application under our same day Settled Status service.
Call the Brexit team hotline on 0203 959 9123 or use our contact form.
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:
• The requirement for the business to be “innovative”. Under the old Tier 1 Entrepreneur visa scheme, an applicant could set up any business as long as they had a half-reasonable business plan and the necessary £200,000 investment. Now it isn’t sufficient to be an entrepreneur, you have to be an Innovator to secure an Innovator or Start-up Visa;
• An applicant for an Innovator Visa or Start-up Visa has to undergo a two-stage application process. Firstly, the applicant has to get endorsement from an Endorsing Body. Secondly, the Home Office has to approve the application. The application process is perceived to be harder than the old Entrepreneur visa because instead of being interviewed by a Home Office official who may have had little knowledge of how businesses operate, the initial interview is now conducted online and interviews are then carried out by a business savvy Endorsing Body;
• Not only does an Innovator Visa applicant have to have an innovative business idea, they have to be able to show that their business is scalable.
The best London immigration solicitors say that where business ideas are not “innovative”, alternative visa options can be explored such as the Exceptional Talent, Exceptional Promise or investor visa.
How can OTS Solicitors help?
OTS Solicitors team of dedicated London business immigration solicitors can help you with your application for an Innovator or Start-up Visa or look at alternative visa options.
Call Legal 500 recommended OTS Solicitors on 0203 959 9123 to speak to a specialist business immigration solicitor for information about how OTS Solicitors can help secure your visa.
An Innovator Visa case study
OTS Solicitors are delighted that a client of Stephen Slater is one of the first Innovator Visa applicants who has received approval in principle from an Endorsing Body.
Some may question how OTS Solicitors have secured Endorsing Body approval in principle for the applicant when the Home Office only introduced the Innovator Visa scheme in April 2019. In fairness, OTS Solicitors had a head start in helping the client with her Innovator Visa application as she first contacted Stephen Slater to enquire about an Entrepreneur visa.
When the client first approached Stephen Slater, she was working in the UK under a Tier 2 (General) Visa. Her employer was not able to continue to sponsor her employment and so she knew that she had to look at alternate visa options.
Meeting the client for the first time at a business fair highlighted her entrepreneurial spirit and genuine enthusiasm for setting up her own business in the UK. There were discussions about a potential Tier 1 Entrepreneur visa application. The client returned to her native Azerbaijan to not fall foul of Home Office Immigration Rules and to sort out the funds for her Entrepreneur visa application.
The Home Office then announced its new Innovator Visa scheme. There was a small window of opportunity for applicants to submit their planned Entrepreneur visa applications. Although there were serious time pressures, a review of the new Innovator Visa scheme revealed the client was likely to meet the innovation and scalability tests. Furthermore, she would not need to invest £200,000 if she did not proceed with her planned Entrepreneur visa and instead applied for an Innovator Visa.
Top London immigration solicitors will tell you it takes time for immigration lawyers to assess the likely prospects of success for an Innovator Visa application. However, OTS Solicitors were in the privileged position of:
• Knowing their client and business plan through advising her on her proposed Entrepreneur visa;
• Having an in-house advocate and economist look over the business plan. Stephen Slater not only knows the minutia of Immigration Rules but he understands business plans and figures, and what the Endorsing Body is looking for in the paperwork and interview process. That is a useful combination when you are assessing a proposed Innovator Visa application and then guiding the applicant through the Endorsing Body application and interview process. Undergoing a mock interview(s) by an economist and in-house advocate prior to the real thing by the Endorsing Body can be a challenge, but crucial preparation.
An innovative business
OTS Solicitors acknowledge most of the success of their case study is down to the applicant’s innovative business idea and willingness to listen to advice and then work at the detail in her business plan and paperwork.
The client is from Azerbaijan where her family has an automation business. A family business means the client has a thorough grounding in business operation and financing. All it then took, with her business acumen, was the innovative idea. In the process control industry digitalisation can save a company time and money. A digital sensor reporting to the hub is just the sort of innovative business idea that the UK government was hoping to attract to the UK via the Innovator Visa.
Top London immigration solicitors say that when it comes to the Innovator Visa innovation is only the start, the paperwork is just as important. That can be hard when you are an Innovator and not an accountant. That is why some entrepreneurs really need the support of a business plan writer, accountant, as well as a business savvy immigration solicitor to get them through the written and verbal interview process.
Scalability
With an Innovator Visa application, the key to success is preparation, particularly when it comes to evidencing scalability of the business idea. After all, there is nothing more frustrating than to have a brilliant business idea but not be able to make it pay or be able to convince the Endorsing Body that the innovation is “scalable”.
Innovator Visa and the investment requirement
The best London immigration solicitors advise that a £50,000 investment in the business is required. This can come from the applicant, third party or even the Endorsing Body. That is because some Endorsing Bodies are venture capitalists. That means they can either provide endorsement to enable an applicant to submit their application to the Home Office using their own funds, or subject to further investigation and interview, the Endorsing Body can provide the investment.
Innovation as a route to settlement
Our client’s goal is to settle in the UK. Stephen Slater has no doubt that she will achieve that goal given her drive to make her business succeed.
Top London immigration solicitors say that it is vital that Innovator Visa clients know what goals they will have to achieve to apply for settlement in the UK before embarking on an Innovator Visa application.
Immigration Rules say a person in the UK on an Innovator Visa can apply for settlement after three years of continuous UK residence, if they meet at least two of the following requirements:
• At least £50,000 has been invested and spent in the business; or
• The business has created at least five full time jobs for resident workers paying at least £25,000 a year or has created at least ten full time jobs for resident workers with no salary requirement; or
• The business has generated gross revenue of at least £1 million; or
• The number of customers has at least doubled in three years and is higher than the mean number of customers for other UK businesses offering comparable main services or products; or
• The business has carried out significant research and development activity and has applied for intellectual property protection in the UK; or
• The business is generating at least £500,000 in revenue with at least £100,000 from overseas exports.
The detail in the settlement criteria really mean that an Innovator Visa holder has to focus on these business goals to achieve at least two of the criteria for UK settlement, criteria that Stephen Slater’s client is already working on.
How can OTS Solicitors help?
Legal 500 recommended central London OTS Solicitors can help you apply for an Innovator Visa or look at your alternative visa options.
With experience in representing entrepreneurs and business owners our immigration solicitors can guide you on the Innovator Visa application process to ensure that your application has the best prospects for success.
Call us on 0203 959 9123 to discuss how our experienced London immigration law solicitors can help you.
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
Facts of the case
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.
At this point, AB approached OTS Solicitors as his new solicitors and instructed our team of immigration lawyers to submit an application seeking further extension to his leave.
Grounds of the successful appeal
We submitted that our client did satisfy the criteria of Paragraph 147 due to the fact that:
• Our client’s business had its headquarters and principle place of business outside the UK;
• Our client was employed as a representative of the business;
• Our client was required to by his employer to continue his employment;
• Our client was receipt of a salary from his employer;
• Our client was generating business for his employer; and
• The company our client represented was registered at Companies House
We further submitted that the refusal was a breach of his treaty rights under Article 8 of the European Convention of Human Right which guarantees the right to respect for private and family life and that the refusal failed the test under R (Razgar) v. Home Secretary [2004] 2 AC 368.
This case resulted in the best outcome of our client due to the application carried out by OTS Solicitors immigration lawyers
We successfully assisted a Jordanian national, who had recently married his EU National partner, with applying for a Residence Card. He was wrongly advised by his previous representatives which lead to his applications being refused and significant crdibility and evidencial issues at Appeal.
After our initial consultation a number of evidencial matters were clarified with the client and with our assistance a new set of documents were collate for their new EEA Application to the Home Office.
The Advantages of a Residence Card
If you are a family member of an EEA national, (as our client was), you can apply for a Residence Card. A direct family member, such as a spouse or a child of an EEA national does not have to apply for a Residence Card to stay in the UK; however, it can:
- allow you to re-enter the country more easily on returning from abroad
- prove to employers that you can work in the UK
- help you qualify for certain benefits and services
Further to submitting our client's new EEA Application and without the need for any further legal battles with the Home Office our client was soon provided a Residence Card which will last for five years, after which they will be eligible to apply for a Permanent Residence Card.
This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.
To find out how we can help you with your immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
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.
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