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Immigration Tribunal Appeals
At OTS Solicitors we specialise in immigration Tribunal cases. We provide the UK’s best immigration solicitors, advocates and immigration barristers to represent our clients at immigration Tribunals across the UK. Our Head of Department is top Legal 500 recommended immigration lawyer Teni Shahiean, she is joined by Paul Gulbenkian a former immigration Tribunal, and along with some of the UK’s top immigration barrister and solicitor advocates, OTS Solicitors provide the best immigration advice on immigration Tribunal and Appeals in the UK.
We understand it can be devastating to receive an immigration decision from the Home Office refusing an application. However, our immigration solicitors will act quickly and ensure that your appeal matter is managed professionally in order to protect your right to stay and successfully settle in the UK.
Our solicitors and instructed barristers will provide advice on challenging the Home Office decision to refuse you. We have our own in-house team of advocates but if you instruct us to, we will engage the services of some of the best immigration barristers in the UK.
There are two immigration Tribunals in England and Wales. The First Tier Tribunal and the Upper Tribunal. The immigration appeals heard at the immigration tribunal are conducted by an immigration judge who will decide the case. The types of cases which the immigration Tribunal will decide are:
- Refusal of an individual to enter the UK
- Refusal of an individual to remain in the UK
- Deportation of a person in the UK
- Refusal of an asylum claim
Deadline for Appeal
The deadlines to appeal is 14 days if you are at liberty, 5 days if you are detained. If you are appealing from overseas the deadline is 28 days from receipt.
Court Fee
A fee is payable to the Tribunal unless you are exempt. If you removal, or in receipt of legal aid or a minor being taken care of by the local authority. The fee is £140.00 for a oral hearing and £80 for a paper application.
Advice from former Immigration Judge Gulbenkian
We work with a former immigration Judge, Mr Paul Gulbenkian to provide specialist knowledge of the appeals process to our clients. His experience of immigration appeals is invaluable to our clients and can assist you in understanding what an immigration Judge will be expecting you to present on the day of your hearing. With OTS Solicitors you are safe in the knowledge that you have access to advice from a former immigration judge every day of the week, and the support and legal advice of top immigration solicitors in the UK to carefully manage your appeal and fight for your right to remain in the UK.
Our services
OTS Solicitors will work to ensure that you have the best representation. Our work start from the second we meet you. We will carefully and meticulously carry out the following work in preparation of your appeal:
- Take your detailed instructions from you and other relevant parties to draft a witness statement
- Investigate your case and collate the documentary evidence in support of your appeal
- Preparing and collating the supporting document for your appeal bundle to be filed at the Tribunal
- Contact the Court to ensure your application has been submitted accordingly and on time.
- Instruct a specialist immigration barrister to attend court, or to reduce costs one of our in-house specialist immigration solicitors will attend court on the day
OTS Solicitors act on behalf of Appellants in the First Tier Tribunal, Upper Tribunal and high court. Our immigration Tribunal Advocates and Solicitors have built a reputation for providing the best representation in all types of immigration Tribunal court proceedings, such as EEA Appeals, Further leave to remain Appeals, Entry Clearance Appeals, Points Based System Appeals, Student Appeals and much more. Call our Specialist immigration Appeal Solicitors and Advocates Team on 0203 959 9123 or contact us online.
For a more detailed discussion regarding your case, or to book an appointment with a member of our Litigation, Courts and Tribunals team, please call us now on 0203 959 9123
Immigration Tribunal Appeals Success Stories
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, 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 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.
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.
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 was a Pilipino national who had made an application as a Tier 1 entrepreneur through previous representatives. He had been refused a Tier 1 (entrepreneur) visa and instructed our firm to assist in challenging the refusal at the immigration Tribunal Appeal. Miss Teni Shahiean of OTS Solicitors assisted our client to prepare for the appeal. Prior to his appeal hearing Client A had been offered a job in the UK by an employer with the required sponsorship licence. We assisted our client to obtain a certificate of sponsorship in time from the employer and then withdrew the appeal and submitted a fresh Tier 2 (General) application meaning that they were still within the 28 day grace period allowed after their leave to remain expired. With the help of our immigration team Client A was granted his Tier 2 (General visa) straight away without the need to appeal his initial refusal. Our client achieved the best outcome in his immigration case and started his employment thereafter successfully developing his career and life in the UK.
Your Questions & Our Answers about Immigration Tribunal Appeals
Thank you for your question. We would need further information regarding your case to help you as it is a failed appeal. Please get in touch with us and we can advise you on the next best steps to take.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. You may be able to appal the refusal of entry-clearance on human rights grounds. However, you would need to come in for an appointment to discuss this.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.
I look forward to hearing back from you soon.
Best regards,
Dear Sir,
Thank you for your question further to your girl friend's FLRM visa being refused.
Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your leave to remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your immigration case.
Kind regards
OTS Solicitors
Thank you for your question. Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service for immigration appeals. Your Tribunal Appeal query has been forwarded to the relevant department and our immigration appeal lawyers will be in touch with you today to explain how to proceed for the best outcome in your immigration case.
Dear Tom,
Thank you for your question. We set out some information below which may assist you in applying under this visa route.
Individuals living in the UK for twenty years or more (either lawfully or unlawfully), can apply for Leave to Remain on the grounds of private life. After a further ten years residency, he or she can apply for Indefinite Leave to Remain.
The most important distinction between the 20 year route and the 10 year route is that you can apply for Leave to Remain after 20 years even if you have been in the UK illegally.
Eligibility
The law relating to the 20 years long residence route for Indefinite Leave to Remain is contained in paragraph 276ADE of the Immigration Rules. Prior to this paragraph coming into force in 2012, applicants could apply for Leave to Remain after 14 years.
The applicant must meet one of the requirements contained in paragraph 276ADE (iii) to (vi), which state that the applicant;
- i. Has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)
- ii. Is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment)
- iii. Is aged 18 years or above and under 25 years and has spent at least half of their life residing continuously in the UK (discounting any period of imprisonment)
- iv. Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.
The Definition of ‘Ties’
When establishing whether or not an applicant has any ties with the country he or she would have to return to if they left the UK, the UK Border Agency will consider factors such as language, whether the applicant has any family and/or friends in that country, cultural ties etc.
How OTS Solicitors Can Help You With Your Application
Our experienced and highly-qualified solicitors will take the time needed to put together a comprehensive application for Leave to Remain under the 20 year route. You can be assured we will take an approach to your case to ensure it has the best chance of succeeding. We can also answer any questions the Home Office may have regarding your application on your behalf.
When you engage our services you can expect the following standard of service:
- Based on the information you provide us, detailed advice as to the UK immigrationlaws that apply to your case
- A clear, concise discussion with an your solicitor, outlining the strengths and weaknesses of your application
- Advice as to what documentation you will need to provide to support your application
- Assistance with filling in the relevant application forms
- Full follow-up with the UK Border Agency if there are any questions or problems with your application
- Advice on appeals or applications for administrative or judicial review should you application be denied
- Your Immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application
OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.
Our Fees
We can offer a fixed fee service for an Indefinite Leave to Remain Application for 20 years’ residence in some circumstances. We can also offer payment options if required.
To find out more on how we can advise you on your application for IndefiniteLeave to Remain after a twenty year residence in the UK, please phone our office on 0207 936 9960. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.
[This question has also been answered by our lawyers privately by e-mail]
Anyone detained under immigration powers has the right to apply for bail. As a first step a Temporary Admission request to the Home Office should be made, as a Chief immigration Officer of the Home Office does have the power to release a detainee. If this is refused then a bail application will follow. This is done on a specific form B1 that can be obtained online, or if you are in detention from the staff.
A completed form should be sent to the relevant court attaching grounds for bail and supporting evidence. Within three working days you most probably will receive a hearing date.
To better your prospects of success, your application for bail will need to provide a fixed address to reside in and one/two people to act as sureties. These are people who will keep in touch with you and undertake to ensure that you do not break any conditions of release. They will also need to show a certain amount of money by way of covering for potential absconding. While these are not mandatory requirements by law, lack of an address or a surety will significantly weaken chances of success.
Please note, this is not a legal advice. Should you need a legal advice tailored to your circumstances please contact us to speak to one of our immigration solicitors.