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Immigration Appeals
Appeals +
Immigration Appeals
Immigration Refusals and Appeals
Immigration Appeal Lawyer – Westkin Associates Immigration Lawyers is a leading immigration appeal law firm situated in the heart of London with practice teams in all aspects of immigration law.
We take 100% of appeal cases. Guaranteed.
Below are videos highlighting Westkin Associates work flow in handling Immigration Appeals.
Part 1
Westkin Associates Immigration Appeal Lawyers Part 1
Part 2
Westkin Associates Immigration Appeal Lawyers Part 2
Our leading Immigration Lawyers are experienced in winning immigration appeals before the Immigration Courts – known as the First Tier Tribunal (Immigration and Asylum). We have specialist teams who deal with Appeal cases. Our head of department, Amir Zaidi, was an Immigration Barrister for 10 years and has the experience of over a thousand immigration cases.
We undertake all appeals whether the refusal is by the UKBA in the UK or by an Entry Clearance Post abroad.
I have received an Immigration Refusal. What do I do next?
The UKBA will have provided a reasons for refusal letter.
Our Immigration Appeal Lawyers offer a free appraisal service. After speaking to us on the telephone, we will invite you to send us a scanned copy of the refusal letter. We can then assess, free of charge, the decision and give you a formal assessment in the following ways:
Our Immigration Appeal Lawyers will give you a firm quote for the work. We do not adopt a fixed pricing strategy. We give an individual price for the amount of work we will actually do on your case. We will not overcharge or fit your appeal into a cheap pricing strategy.
We will give you an idea of how long the appeal will take to resolve at the First Tier Tribunal – Immigration and Asylum.
Where an appeal is from an application made outside the UK, known as a visa appeal, the hearing date at a court can take a long time to be listed within the UK, often around 16 weeks.
Our Immigration Appeal Lawyers will give you detailed information about your prospects of success at an Immigration Appeal, ie how likely it is you will be successful;
Immigration Appeal Soon?
Many of our Immigration appeal clients often come to us before their court date as they are not happy with their current immigration solicitor. Other clients had no solicitor at all, but would now like to have an immigration lawyer come with you to court, this can also be arranged.
Please look over the free guidance videos below to see how we work and contact us if appropriate.
How our Immigration Lawyers win Immigration appeals.
Our Immigration Lawyers ensure that every point in the refusal letter is answered in the Immigration Appeal, through the careful collection of evidence, analysis of case law and collection of witnesses.
The starting point is always the refusal decision. It is correct to note that the visa appeal should be brought on grounds that are contained in the refusal letter only. Appellants do not need to re-argue all the points made in the application, only the points in the refusal decision.
Given how important it is to lodge the appeal forms in time, our immigration lawyers often lodge your appeal before taking any professional fees.
Once the appeal is lodged, an appeal date will be set. Once we obtain a court date, we draft a clear action plan together with our clients. This gives us a clear plan by which specific dates are set to obtain the correct evidence and prepare a statement together. It is important that nothing is missed so we provide our Immigration appeal clients a clear list of documents to obtain.
We always seek to comply with directions which are sent by the First Tier Tribunal – Asylum and Immigration. The court will usually ask that all documents are sent to them 5 days before the hearing. We always aim towards this deadline to assist clear planning.
Once all our bundles are lodged at the First Tier Tribunal – Asylum and Immigration we use the remaining 5 days to invite our clients to a further conference to enable them to become comfortable with court procedure. We explain what time to attend at court, what to expect before you enter the court room, what to call the Immigration Judge and even when to stand and sit. These things may not sound important, but we find our clients are much more comfortable giving evidence as witnesses if they know what to expect.
On the day of hearing, we ensure our clients are never outgunned by hiring only the best specialist immigration barristers or using our own specialist advocates – whichever is better for your case, to represent at our client’s immigration appeals.
They will be fully briefed, with the full involvement in the preparation of the case.
Immigration Appeal Services
Our Immigration Appeal Lawyers provide the following services to our Immigration appeal clients.
1. Fully taking the case over, including informing the Immigration Court (called the Immigration and Asylum Chamber – First and Upper Tiers) and Home Office that we are representing you; and
2. full preparation of the witness statements; and
3. full preparation and advice on all documents needed; and
4. fully briefing, specialist and experienced advocates;
5. advocates appearance at court (advocacy and representation)
6. advocates’ advice in preparation of the appeal; and
7. advocates’ skeleton argument; and
8. our preparation of indexed and paginated bundles; including complying with all court directions; and
9. getting you and your witnesses (if any) ready for hearing; and
10. All other work to win the case; and
11. if the appeal is successful meeting all the administrative deadlines so the visa originally applied for is placed in your passport as soon as possible; and
12. If unsuccessful advising you on next steps, further appeals, merits and costs.
Immigration Appeal Fees
There are no court fees for lodging an appeal or the hearing itself.
Our legal professional fees are set on an hourly rate. We allow for payments in instalments.
All fees are complete and transparent and are total costs. These include advocacy fees with no hidden charges.
All our fees are held in a client account and remain your property until the work is completed. That means that if any time you request a refund you can have your money back minus costs of work completed.
if you are interested in our Immigration Appeal service, please call our experienced immigration appeal lawyers for a no obligation chat.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Upper Tier Appeals +
As immigration lawyers and solicitors are aware, once an immigration appeal has been refused, the next step is to apply to appeal further to the Upper Tier of the Tribunal.
This further appeal is in two stages.
The first stage is to make an application in writing to challenge the decision of the lower court, (known as the first tier tribunal).
This is done by reading through the determination issued by the immigration judge and looking for material errors of law or any mistakes in the procedure that the judge has followed. Once the challenges to the decision have been expertly drafted by our immigration lawyers, this is sent to the court.
If the grounds are successful, then any further hearing takes place before the Upper Tier of the Tribunal in order to establish whether there was enough in reality an error of law. This is usually a very technical argument based upon previous legal decisions and they take a lot of skill.
If this is successful, then the higher courts can either reverse the decision (ie put aside the lower judge’s decision and allow the case.) They can also refuse the case, in which case the judge’s decision stands.
The third option is to have a retrial or rehearing and the appeals process starts again.
Our leading experienced immigration lawyers are on hand to draft these grounds. These forms of appeal require a high degree of skill and require the highest level of OISC regulation. We have hold this highest level of OISC regulation.
If you have been to court and have been unhappy with your representation over at their representation at all and wish to challenge a refusal granted by immigration judge and please contact our lawyers as soon as possible as the deadlines for these applications tend to be very strict.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Marriage
Marriage +
Our Best Immigration Lawyers are known for using all of their 10 years experience in winning marriage applications and appeals.
For appeals, we only use the best barristers.
Marriage to a UK Sponsor
As is well known marriage can form the basis of an application for entry, residence and settlement in the United Kingdom. We provide a high quality and fearless service on behalf of those who seek to remain in the United Kingdom as part of our Immigration Services to Individuals package, where you can see Westkin’s 6 Unbreakable Promises to individual clients.
The most common form of case are applications made from abroad to join a UK based spouse where the marriage has occurred abroad. (where both spouses are already in the United Kingdom already and are in a committed relationship, we can assist, see the section on human rights).
This form of immigration application is made currently on the basis of Rule 281 of the Immigration Rules. Although the full rule is not repeated here, you need to be aware of both what the rule states and the most common forms of refusal. The rule can be broken down as follows:
· You must show the immigration authorities that both partners must be over 21 years of age; if either is not 21 please contact our experienced Immigration Lawyers who will be able to advise further;
· You must show the immigration authorities that the UK based partner will live and be settled here or be returning to settle here;
· You must show the immigration authorities proof that you are married legally to each other;
· You must show the immigration authorities that you intend to live together in the same home as husband and wife;
· You must show the immigration authorities that you have both actually met each other (usually before the marriage has taken place;
· You must show the immigration authorities that you can support yourselves and pay for the upkeep of any dependants without the need of public benefits;
· You must show the immigration authorities that you have suitable accommodation where you, your partner and any dependents can live without it being overcrowded and making sure you have a private space, usually a bedroom for your own use.
Our experienced Immigration lawyers are aware that the vast majority of refusals take place on the basis that the:
· immigration authorities are not satisfied that you can support yourselves and pay for the upkeep of any dependants without the need of public benefits;
· Immigration authorities are not satisfied that you intend to live together in the same home as husband and wife.
Common incorrect perceptions about the above points include
· The belief that just because a couple are willing to promise that they will not accept benefits, that will be enough. It is not. The couple needs to show that they can live as a British National would above the levels that income support would normally be required.
· It is also thought that family members or other friends can help with finance to overcome this rule. They cannot. They can assist with accommodation but not finance.
· If the couple confirm that they intend to live together that will be enough, it is not usually, evidence of the couple’s history together are often useful, Crucial is documentary evidence of contact, such as telephone records, letters, emails and even text message print outs. Our experienced immigration lawyers are best placed to advise on innovate ways of proving this to the immigration authorities or to an immigration judge.
Our experienced immigration lawyers are on hand to assist in making the application in the first place and advising on how to put the application in a manner that shows it in the strongest light and also assist with appeals.
See also Immigration Appeals.
Some cultures allow for more than one wife to be had by a man at the same time. The United Kingdom does not allow for this in its immigration and non-immigration rules. If you have more than one wife, only one can come to the United Kingdom under this immigration rule.
Your husband, wife or civil partner must obtain permission to enter the United Kingdom before travelling here. Couples who are here who are seeking to avoid being split or want to regularise their stay can either return to their country of origin.
When your husband, wife or civil partner arrives in the United Kingdom, he/she will be given permission to live and work here for two years.
During this period it is important to continue to gather evidence as this period is only probationary. Near the end of the two years, if you are still married or in a civil partnership and plan to continue to live together, your husband, wife or civil partner may apply to live here permanently. See for indefinite leave and citizenship for details of how to apply for permanent residence.
If your spouse dies during the two years or the marriage breaks down as a result domestic violence our leading immigration lawyers can, in most cases, ensure a successful application for indefinite leave.
In some cases, we apply to have your husband, wife or civil partner permission to live permanently in the United Kingdom, without the need for a probationary period as soon as he/she arrives. Contact our experienced immigration lawyers for further detailed advice.
Applications can be made by the spouses of British citizens, UK permanent residents, European Economic Area nationals who are living in the United Kingdom and of other nationals who have certain types of limited stay in the United Kingdom. Again our experienced immigration lawyers are on hand to advise.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Domestic Violence +
Domestic Violence cases can raise difficult issues, with clients often concerned about their physical safety and the breakdown as their relationship as much as their immigration status.
The UKBA allow those whose immigrant spouses whose marriages have broken down as a result of domestic violence to remain in the UK if other conditions are also met.
As discussed more fully in the marriage page of this site, foreign spouses coming to the UK to join UK national spouses are initially given 2 years permission to enter the UK as a spouse. Upon the completion of the two years, the foreign spouse is given permanent stay in the United Kingdom.
If the marriage breaks down in that two year period then the immigration rules do not provide a mechanism for the foreign spouse to remain in the UK.
The exception to this is where the marriage has broken down as a result of domestic violence on the part of the UK based sponsor. In those circumstances, the foreign spouse can, when here 2 year period in the UK make an application to remain on that basis.
As with most immigration rules, the desire to prevent fraudulent claims of domestic violence raises restrictions on who can apply.
The full text of the immigration rules can be obtained by contacting Westkin, but in summary the rules require that the domestic violence must have occurred during the two year period and must have been the cause of the breakdown of the marriage.
There is no requirement as to the severity of violence (within reason), further there is no need for there to have been a divorce and a man can claim domestic violence as much as women, although clearly the credibility of such a claim may well be in doubt and tested by the Immigration authorities.
Once aspect of the law that does cause immigration solicitors and immigration lawyers some particular concern is the requirement as to evidence. These can be both complex and strict. As immigration lawyers should be quick to point out, the allegation of domestic violence is not enough to make out the case, specific forms of evidence are required to prove domestic violence.
Westkin are on hand to assist. If you have been the victim of domestic violence, our immigration lawyers will be able to help in a safe and discreet environment.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Fiancée
Fiancée applications from outside UK +
As leading immigration lawyers will advise, aside from a spouse application, partners can also apply to join sponsors in the UK, as fiancées.
The fiancée applications are relatively similar to marriage applications, with the key, obvious difference being that the marriage requires the parties to produce a valid marriage certificate whist the fiancée application does not.
If you wish to marry within the UK after obtaining a fiancée visa or enter into a Civil Partnership with a UK national and then settle permanently in the country, Rule 290 can be used for your benefit.
This page deals with the requirements if you are outside the UK, see here.
If you want to come to the UK under a fiancée visa to join your UK partner, you can apply to do so if your partner is currently living in the UK and settled here; or returning to the UK with you to live here permanently. Settled in the UK usually requires that they have a British Passport or Indefinite Leave to Remain.
Other requirements include:
• Both partners must be at least 21 years old at the time of the application.
• Both parties must have met one another, but an arranged marriage where they have met is acceptable.
• You plan to marry within 6 months in the UK, which is the validity of the visa.
• You plan to live together permanently after you are married, usually in the United Kingdom.
• Both before and after the marriage, there is an adequate place for you to live, this means that you have some where lawful to live, which is of adequate size.
• You and any dependants (usually children) can be supported without working or needing help from public funds before the marriage.
• And then after the marriage, with the ability to work, the applicant can support herself and her husband’s using the couple’s joint income without needing public funds / benefits.
All fiancée visa applications must be made from the home country, once they are approved, entry clearance is given for 6 months. During that 6 months the couple can be married.
Once they are married they can stay in the country and apply to remain in the UK as a married person at that point.
For details of these applications, click here.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Switching to settlement +
As our leading immigration lawyers can advise, fiancée visas are useful as they are one of the only visas that allow applicants to switch into the marriage category, without either the sponsor or the migrant applicant having to leave the country.
In fact the process of doing this is relatively simple.
Essentially the UKBA – the immigration authorities have already checked whether the relationship is genuine and whether there is enough money to live on during the initial fiancée application.
All that required now is that the fiancée gets married to the UK applicant and once married they can make the marriage application from within the United Kingdom.
This application can be made via the postal service or by the same date. If the application is made using the same day service, then usually, the documents are lodged with our clients attending with our immigration lawyers. Then usually the visa is collected the next day. This is usually. This is a slightly different process to other same day cases, where the whole thing is done in one day.
Please contact our immigration lawyers for more information.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Civil Partners
Civil Partners +
Gay Couples
Your unmarried or same-sex partner may come with you to the United Kingdom, or join you here, if you:
You must both be able to show that:
1. any previous marriage or civil partnership that either of you was in has permanently broken down;
2. you have both been living together as if you were married (or in a civil partnership) for at least two years;
3. you both plan to live together permanently;
4. you both have enough money to support and adequately accommodate yourselves and any dependants without help from public funds (see Rights and responsibilities for more information on what this means); and
5. you and your partner are aged 21or over.
6. your unmarried or same-sex partner must obtain permission to enter the United Kingdom before travelling here. We call this permission ‘entry clearance’. It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives.
For information about visas, see our visa services website.
If you have followed the procedures correctly, when your unmarried or same-sex partner arrives in the United Kingdom, he/she will be given permission to live and work here for two years. Near the end of the two years, if you are still in the relationship and both plan to live together permanently, your unmarried or same-sex partner may apply to live here permanently.
See Settlement for details of how to apply for permanent residence.
In some cases, we can give your unmarried or same-sex partner permission to live permanently in the United Kingdom as soon as he/she arrives. To qualify for this, you must:
See Partners and children for details of how you can be joined by your:
A legal relationship that can be registered by two people of the same sex and that gives the couple legal recognition for their relationship. In a range of legal matters, civil partners are treated the same as opposite-sex partners who are married. Someone who depends on you financially, such as a husband, wife, partner, or child.
The above terms are complex but our experienced Immigration Lawyers who are familiar with immigration cases with a same-sex element are on hand to provide friendly, clear, honest and professional advice.
Amongst London’s immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Proposed Civil Partners +
At the time of writing the government indicated that they intend to do away with the requirement of certificate of approvals, but have yet to formally do so. Therefore, individuals who are in the UK who are neither British, EEA nationals or with Indefinite Leave must still obtain permission from the Home Office (called a Certificate of Approval) before they can register their civil partnership.
Since April 2009, these applications carry no fee.
Immigration solicitors suggest these applications are routinely granted if the applicants have more than 3 months left on their visa. If they have less than 3 months of their visas remaining or are over-stayers, they can still obtain approval but need to go through a longer process.
It should be noted that a certificate of approval is not a form of leave or visa for the UK, it is simply permission to a registrar to allow the couple to undertake a civil partnership. Immigration solicitors should make this clear to clients if applicants are using them.
Proposed Civil Partners
The “proposed civil partner” visa act in very similar ways to a fiancée visa. It allows a foreign national to enter the UK (they cannot make the application in the UK) for the purpose of having their civil partnership ceremony. Once they have the civil partnership they can switch into the “civil partner” immigration category.
The couple need not have lived together but they must prove that they are in a subsisting relationship; can support each other before and after the civil partnership without the need for public funds and that they are free to undertake a civil partnership within 6 months. The proposed civil partnership will give permission to stay in the UK for six months, with a prohibition on work until the switch to civil partner.
Civil Partners
Once a couple have had a civil partnership, they can apply for permission to remain or enter the UK. Whether applying from inside or outside the UK. As well as having a civil partnership certificate, the couple will need to prove that they are in a genuine and subsisting relationship and that they can financially survive in the UK without the need for public funds.
Civil partner status is then given for 2 years on a probationary basis, and after the 2 years, the foreign national can then apply for indefinite leave to remain if the couple remain together.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Family Members
Parents and Grandparents +
The immigration rules allow for British national or somebody holding indefinite to remain ILR to sponsor their parents or grandparents to settle in the United Kingdom.
As immigration lawyers and immigration solicitors are aware of the requirements for this application are stringent.
The basic requirements are:
(i) That the Parent or Grant must be over 65 years of age. If they are not, then some exceptional compassionate circumstances must be shown. Please contact our leading immigration lawyers for more guidance on what exceptional compassionate circumstances means in practice. If the applicant is over 65 or shows compassionate circumstances then there are other further requirements
(ii) Those requirements include the need that the UK based sponsor is financially able to support a Parent or Grandparent once they come to the United Kingdom. This requires a detailed analysis of the employed or self-employed earnings of the sponsor as well as an assessment if needed, of their savings.
(iii) The immigration authorities also require the UK sponsor to have adequate accommodation in the United Kingdom to house the parent or grandparent. This means usually means in practice that a spare bedroom exists for the parent or grandparent. Our immigration lawyers have good relationships with local housing assessment officers and reports can be obtained at short notice to fulfil this accommodation requirement.
(iv) Another aspect of the immigration law on parents and grandparents is the requirement that they have no relatives outside of United Kingdom in the home country that the parents or grandparents can turn to for financial support. This does not mean that the parents or grandparents cannot apply from you to the UK if they have relatives in their home country. Rather it means that if the relative in the country is financially able to support the parent in that country then the immigration authorities may refuse the application.
(v) The final aspect and the one that most concerns immigration clients in our experience is that a parent or grandparent must be mainly or only financially dependent on the UK sponsor. This means that the UK sponsor must be sending the parent or grandparent money either their complete expenses or for most of their expenses.
It is especially important and attractive as it allows for instant indefinite leave to remain or indefinite leave to enter the United Kingdom.
Also attractive is that this is one of the only these categories that can be applied for whilst migrant is on a visit or tourist visa.
Please contact our leading immigration lawyers if you need further assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Children +
Under a UK immigration law a parent can bring a child who is not a British to the United Kingdom in limited circumstances.
The first requirement is that the parents of the child either are British or hold indefinite leave to remain. It is usually the case that either both parents are travelling to the United Kingdom or only parent is alive.
The single biggest ground of refusal is where one parent is in the United Kingdom and the other parent, (usually due to divorce) is back in the home country. In the circumstances the parent in the United Kingdom has to prove that they have sole responsibility for the child who is looking to make the immigration application.
The sole responsibility test is a complex and many cases are won or lost on this point. Essentially, for the immigration application to be successful, the UK based parent can show that although they do not have day-to-day contact with the child in question, they do make all the crucial long-term decisions for the child.
These decisions can include:
1. The location of the child’s schooling;
2. Where the child lives;
3. Decisions on whether the child is allowed to travel on holiday or on school trips;
4. What religious occasions of the child will observe and;
5. To ensure that the child schooling is undertaken correctly, including checking reports etc
6. There is usually a financial aspect of the case also, who is paying
for the child’s upkeep.
Please note that this test is different than who has custody of the child, although of course the two things are linked.
The other requirements are that the child must be under the age of 18.
The child must not be living in independent life and must be unmarried or not formed an independent family unit.
A further requirement is that the child must be accommodated properly by the parents, in other words there is physical space at the parents’ home in United Kingdom for the child to live.
There is a further UKBA requirement that there is enough financial ability of the part of the parents to live in United Kingdom without recourse to public funds all about public funds being applied for.
Please contact our leading immigration lawyers for further assistance
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Adoption +
The process of foreign adoption is naturally fraught with difficulty. What can often be an emotionally tiring process is made more difficult by exceptionally tough entry requirements for children that have been adopted by UK based parents. Our experienced immigration lawyers have dealt with these cases both on application and appeal and are able to advise from beginning to end, not only on the rules themselves, but particularly on the approach taken by Home Office caseworkers.
Contact our leading immigration lawyers for more advice on adoption issues.
Amongst London’s immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tier 1
Tier 1 Exceptional Talent +
Immigration Lawyers for Tier 1 Exceptional Talent
The new Tier 1 (exceptional talent) visa was announced today, the UKBA has provided detailed legal guidance on how the rules will apply to immigration clients, immigration solicitors and immigration lawyers.
The key points are:
1. The Tier 1 General / HMSP routes remain closed
2. An applicant who applies for Tier 1 Exceptional Talent status is required to be certified by a Competent Designated Body (please contact Westkin for more details about this)
3. There are annual limits for this category 700 for the sciences and 300 for the arts.
The full text of the immigration rule is set out below:
Tier 1 (exceptional talent) Migrants
245B. Purpose
This route is for those who are internationally recognised as world leaders or potential world-leading talent in the fields of science and the arts and who wish to work in the UK.
245B Entry to the UK
(a) all migrants arriving in the UK and wishing to enter as a Tier 1 (exceptional Talent) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused
245BB. requirements for entry clearance
To qualify for entry clearance as a Tier 1 (exceptional Talent) Migrant, an applicant must meet the requirements listed below.
If the applicant meets these requirements, entry clearance will be granted.
If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 75 points under paragraphs 1 to 6 of appendix a.
(c) an applicant who has, or was last granted, leave as a student or a Postgraduate doctor or dentist, a student nurse, a student Writing-Up a Thesis, a student re-sitting an examination or as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in the Tier 1 (exceptional Talent) guidance published on the UK Border agency website, to show that this requirement has been met.
245BC. Period and conditions of grant
Entry clearance will be granted for a period of 3 years and 4 months and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326,
(iii) no employment as a doctor or dentist in Training, and
(iv) no employment as a professional sportsperson (including as a sports coach).
245BD. requirements for leave to remain
To qualify for leave to remain as a Tier 1 (exceptional Talent) Migrant, an applicant must meet the requirements listed below. if the applicant meets these requirements, leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused. requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant
(b) The applicant must have a minimum of 75 points under paragraphs 1 to 6 of appendix a.
(c) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of appendix C.
(d) The applicant must have, or have last been granted, entry clearance, leave to enter or remain as a Tier 1 (exceptional Talent) Migrant.
245Be. Period and conditions of grant
Leave to remain will be granted for a period of 2 years and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326,
(iii) no employment as a doctor or dentist in Training, and
(iv) (iv) no employment as a professional sportsperson (including as a sports coach)
245Bf. requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (exceptional Talent) Migrant must meet the requirements listed below. if the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.10
TIER I EXCEPTIONAL TALENT – What does it mean for immigration clients?
A new challenge for Immigration Lawyers and Immigration Solicitors is to manage is the Government’s proposed plan to introduce a new immigration route for exceptionally talented migrants, within Tier 1 of the Points Based System.
This replaces the soon to be removed Tier 1 General – Highly Skilled Migrant category.
Westkin Associates – Immigration Lawyers London are monitoring events and have added this page in order to provide a regular source of information on the new category.
Unlike, the wider immigration category of Tier 1 General, the new route is intended as a “niche” category for exceptional people in the fields of Science, Arts and Humanities who wish to migrate, work and eventually settle in the UK, both in London and beyond. Immigration lawyers and solicitors are clearly concerned about the express intent to reduce immigration numbers.
Tier 1 – Exceptional Talent will favour immigration status to those who are internationally recognised as world leaders in their field and those younger migrants who show exceptional promise and who are likely to become internationally recognised world leaders in their field.
As Immigration lawyers like Westkin are aware, migrants of this type will normally be eligible for entry through the normal routes within Tier 2 or Tier 5 of the Points Based System. They may choose to use those routes. The alternative ways in are not mutually exclusive, however the UKBA expect most migrants in this field to come through Tiers 2 and 5. Bearing in mind the number of migrants in this category are so small, those in such an exceptional field are unlikely to use anything other than the benefits that Tier 1 Exceptional Talent gives them.
As the Exceptional Talent category is within Tier 1, migrants will not need sponsorship by an employer, though they will need to be endorsed by a designated competent body. At the time of writing, (16th March 2011) the list of competent bodies has not been published.
Immigration Lawyers like Westkin suspect that this endorsement is likely to focus in proving the exceptional talent rather than the tying a migrant to a particular employer or sponsor.
Migrants will need to intend to pursue their occupation in the UK and continue to be active in it, but will not need a specific job offer. There will be no test on entry of the migrant’s previous or future earnings.
The Tier 1 – Exceptional Talent category should cover 3 situations:-
• Migrants who hold a designated award — e.g. the Nobel Prize – who may apply without endorsement by a competent body.
• Migrants who are internationally recognised in their field as world leading talent and who are endorsed by a designated competent body
• Young Migrants who show exceptional promise and who are likely to become world leaders in their field and who are endorsed by a designated competent body
It is proposed that all migrants will need to show evidence that they can support and accommodate themselves in the UK, the current Tier 1 General rules will apply, and be subject to refusal under any General Grounds for Refusal in the Immigration Rules (e.g. previous immigration breaches or security issues).
Exceptional talent migrants will be granted leave for 3 years and 4 months, with the ability to extend for a further 2 years.
Applications from world leaders and migrants demonstrating exceptional promise will need a further endorsement from a designated competent body at this stage.
Holders of designated awards, world leaders and migrants demonstrating exceptional promise will be able to apply for ILR after 5 years: World leaders and migrants demonstrating exceptional promise will need a further endorsement from a designated competent body at this stage.
The numbers securing ILR may be subject to a numerical limit in due course, given how few are likely qualify under these rules, the immigration lawyers at Westkin believe that no numerical limit will actually need to be brought in.
The number of visas granted with in Tier 1 – Exceptional Talent will be limited to 1000 in 2011/12.
Applicants who are overseas should apply to the relevant visa issuing post using the designated form, complete with competent body endorsement where necessary. They will need to go through normal visa procedures such as biometrics. In-country should apply to UKBA. Applications will be referred to a central panel in the UK for approval and monitoring purposes. The panel will meet monthly.
Qualifying Criteria
Some questions have been raised on the qualification criteria for the Exceptional Talent immigration.
The following are some key issues the Government may need to address and some suggestions by the UKBA for consultation:
• Should any awards be designated apart from the Nobel Prize?
As this will confer eligibility without the need for endorsement, any awards need to be truly global and exceptional.
• Alternatively, should all applicants need to be endorsed by a competent body?
• Should the UKBA attempt to define more tightly the applicable criteria? The UKBA’s view is that, apart from holders of e.g. the Nobel Prize, this is best left to peer review through the competent bodies.
• Should an upper age limit be imposed on those granted entry under the exceptional promise provisions e.g. 30?
Designated competent bodies
• Who should be the designated competent bodies? They should be UK- based public bodies with a general remit for the promotion of excellence in their respective fields. In the first instance the UKBA intend to limit the number of such bodies, to a list such as:
Royal Society
Royal Society of Medicine
Royal Society of Chemistry
Royal Society of Arts
Royal Society of Literature
Research Councils UK
The Arts Council
British Council
• How would they be designated?
To establish the scheme, the UKBA would invite these bodies, and any others that are recommended to it, to express an interest in endorsing applications and to invite them to propose the criteria that they intend to operate in order to secure their endorsement of individual applications. These criteria would require UKBA’s agreement prior to the body issuing any endorsements.
• What would be the role of a designated competent body? It would be for the endorsing body to decide how they wished to manage requests for endorsement from potential applicants.
The Limit
• Should UKBA apportion the limit of 1000 between the various designated competent bodies? We think that at least in the first year of the scheme, it should be operated on a first come first serve basis. It will not be apportioned between nationalities.
• Should a sub-limit be placed on the number of “exceptional promise” migrants, e.g. one third of the total of 1000?
• Should the annual limit be apportioned on a monthly basis, like the interim limit for T1 General?
The UKBA Panel
• What should be the role of the UKBA panel which reviews the applications?
The panel should avoid becoming a decision-making body. Migrants will be granted leave essentially on the strength of their competent body endorsement or the fact they have a designated award (and meet the applicable maintenance and General Grounds for Refusal criteria). The panel will monitor to ensure consistency and pursue any issues with the relevant competent body. They will also monitor numbers against the limit and instruct Posts to stop accepting applications once the limit is readied.
Call Westkin if more guidance is needed, or fill in the enquiry box on the left.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tier 1 Entrepreneurs +
Due to the success of television programmes like The Apprentice and Dragon’s Den, the United Kingdom has seen a boom in start-up businesses. This, combined with London’s reputation as perhaps the world’s leading business capital have led to a sizable part of the United Kingdom’s economy being driven by business people in new dynamic businesses. To continue this, the United Kingdom has been actively encouraging the immigration of entrepreneurs from abroad, and this category is ideal for those who wish to come here to start new businesses.
The Entrepreneur immigration category has replaced two previous immigration categories: the Businesspersons and Innovators schemes.
The immigration authorities will expect an entrepreneur to show that he has:
· At least £200,000;
· That is made up of funds that are held in a regulated financial institution; and
· That those funds are disposable in the United Kingdom
These requirements seem simple but carry with them further requirements which are not obvious. Our experienced immigration lawyers can assist with this.
Entrepreneurs will also need to pass:
· English language requirements; and
· Maintenance requirements including the business start-up costs.
Amongst all immigration solicitors or barristers in London, our specialist immigration lawyers will be able to assist with these requirements but also with extending your time in the United Kingdom, and if required, advising on routes to settlement and citizenship. We can also refer and assist with the start-up regulations for business in the United Kingdom.
See our specialist entrepreneurs page for more details.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tier 1 Investors +
The United Kingdom immigration laws have always encouraged High Net Worth Individuals who have substantial sums to invest to come to the country. This continues with the new investor immigration category. The immigration requirements seek to ensure that not only do wealthy people come to the United Kingdom but also that they make a substantial financial investment.
The immigration requirements are:
· That applicants have at least £1,000,000 (1 million pounds) in the United Kingdom, which is their own money and is in a regulated financial institution in this country, or
· They own personal assets (which can be wider than simply money) which are in excess of £2,000,000 (2 million pounds) in value, provided they are not subject to any liabilities; and have that money under their control. The money has to be held in a regulated financial institution and disposable in the UK.
· You can rely on a loan of at least £1,000,000 as long as that loan was made by an institution regulated by the Financial Services Authority.
· Applicants also need to show English language ability and that they can maintain themselves.
Although these seem simple, these immigration applications are not only complex but are also made separately to any tax considerations. Among all London immigration solicitors or barristers, our experienced immigration lawyers are on hand not only to assist these immigration applications with speed, discretion and professionalism, but also with guidance on the tax implications for non-domiciled tax status.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tier 1 Post Study Work +
This immigration category replaces the old International Graduate Scheme (and its Scottish counterpart, the Fresh Talent in Scotland Scheme). This immigration category is designed to keep the best and the brightest foreign students (see our studying in the United Kingdom page) in the United Kingdom after the end of their studies. Those who were on the International Graduate Scheme or the Fresh Talent in Scotland Scheme will instantly qualify for the Post Study work category, subject to Language and Maintenance requirements.
Although time spent under the Post-Study Work immigration category does not count towards permanent residence, the Home Office has indicated that they regard this category as a bridge from studying to highly skilled or skilled work.
For those not previously on the International Graduate Scheme or the Fresh Talent in Scotland Scheme the immigration requirements are that the candidate has a:
· a UK recognized bachelor’s degree; or a UK recognized postgraduate degree; or a UK postgraduate certificate or diploma; or an HND from a Scottish institution; and
· that qualification was obtained at a UK institution that is either; a recognized or listed UK body; or on the Tier 4 sponsors register (once implemented); or
· If claiming points for a Higher National Diploma from a Scottish Institution, that diploma was earned at a publicly funded institution of higher education or a bonafide Scottish private education institution which maintains records of enrolment and attendance.
· That qualification has to be obtained while in the United Kingdom, when you had leave as a student leave (Tier 4) or as a dependent of someone with immigration leave.
· It also is a requirement that the application was made within the last 12 months of the qualification.
Amongst London immigration solicitors and barristers, our specialist immigration lawyers will be able to assist with these requirements but also with extending your time in the United Kingdom, and if required, advising on routes to settlement and citizenship.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tier 1 General +
STOP PRESS: Note that the points based system changed dramatically on 6th April 2010, with many new opportunities. Please contact our leading immigration lawyers for the latest specialist advice.
As is well known, the United Kingdom benefits greatly from the contribution that foreign national workers make whilst they are here. Equally the immigration categories for those working, or undertaking business in the United Kingdom provide opportunities to earn substantial sums in the United Kingdom, to have dependents and other family members enter the United Kingdom and to eventually move to settlement and citizenship.
During 2008 and 2009, the immigration authorities are introducing a new points-based system. This system replaces most of the existing work-based immigration categories. Categories such as the HSMP, Innovators and International Graduate Scheme programs have now all ended. They all however have similar replacements under the new immigration categories. Our experienced and focused immigration lawyers can advise individuals and businesses on not just the law, but the latest and proposed changes to immigration work provisions.
Tier 1 Workers
The most favoured group under the new immigration points based system are those that form Tier 1. There are currently 4 immigration categories under Tier 1:
· Highly skilled workers,
· Entrepreneurs,
· Investors, and
· Post study workers (see our guidance video on Post Study Work below)
The main advantage of Tier 1 over other immigration categories is that you do not need a pre-existing specific offer of a job. Like other immigration categories, you will need to pass a points based assessment first. Given the favoured status of Tier 1 over other immigration categories, the assessment requires more that lower tiers.
Highly Skilled Workers
Since 2002 and the introduction by the immigration authorities of the HSMP scheme, the UK has been active in its encouragement of skilled migrants to travel, work and settle in the country. The HSMP programme has now been replaced by the Highly Skilled Worker immigration category, also known as the Tier 1 (General) category.
The Highly Skilled Worker immigration category has a number of similarities to the previous HSMP. The most striking exception is that the removal of the MBA provision. This assumed that those who had an MBA from certain institutions were instantly given 75 points under the old immigration category. There is also a tightening up of the English language requirements. Those who are under the HSMP immigration category are being encouraged to switch over to the new Tier 1 category, which is something our experienced immigration lawyers can assist with.
Those who wish to apply under this immigration category will need to score points for:
· Qualifications
· Age
· Previous Earnings
· UK Experience
· Maintenance
· English Language ability
Amongst London immigration solicitors and barristers, our specialist immigration lawyers will be able to assist with these requirements but also with extending your time in the United Kingdom, and if required, advising on routes to settlement and citizenship.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Entrepreneur Visa
UK Entrepreneur Visa +
London Immigration Lawyers – UK Entrepreneur and Business Visas
We feel that our business immigration lawyers are the best there are at smoothly advising on UK Entrepreneur visas.
Why Choose Westkin for your UK Entrepreneur Visa?
Results - We have never had an UK Entrepreneur Visa refused. We will ensure that you will obtain the visa, if you can obtain the documents we ask you to. Guaranteed.
Speed – We are able to turn around applications quickly, so you can hit your targets.
Contact – We can liaise with banks and lawyers to ensure the correct supporting documents are obtained, both in terms of format and content. If need be we can arrange introductions to the bank, where the staff has experience assisting with Entrepreneur applications.
Next Steps – Please contact Mr Hateem Ali or Mr Amir Zaidi for a no obligation discussion of the issues in person.
Please look over the resources below.
How does the UK Entrepreneur visa work? - A Summary
In order to get the visa, you would need initially show that you had 200,000 pounds in a regulated bank account and that money was available in the UK. (or the lower 50,000 figure set out above).
Once the visa was granted certain takes such as registering the business would need to be made within 3 months of the visa being granted the candidate entering the UK.
The investment would need to be made within 3 years of the visa being granted. A major advantage of the UK immigration entrepreneur category is that the 200,000 (or the lower 50,000 figure set out above) investment once made does not have to be kept where it is. The business can be sold and as long as the immigration authorities are content that the entrepreneur is still in any business, he can extend his visa.
One advantage of the entrepreneur scheme is that candidates do not need to have a business track record or business experience before.
Applicants would get a 2 year UK entrepreneur visa first, then you would get another 3 years as long as the applicant had in fact fulfilled the investment, employment and registration requirements. Our leading immigration lawyers can advise on these immigration requirements upon request.
After this entrepreneurs would get Indefinite Leave and then a British Passport 1 year later, based on the law as it stands now.
The Entrepreneur visa in more detail:
1 – INTRODUCTION
The UK Government created the Entrepreneur category for those who wish to invest in the United Kingdom by setting up or taking over and being actively involved in the running of one or more businesses in the United Kingdom.
It was introduced in June 2008 for business people to invest and create in UK business to the value of 200,000.
Unlike visit visas the Entrepreneur category leads to Indefinite Leave to Remain in the UK and also leads to British Nationality.
2 –THE VISA APPLICATION PROCESS
STAGE 1 – COMING TO THE UK
For this stage there are 3 requirements:
Access to 200,000. These are funds that can be held across multiple bank accounts, held in or outside the United Kingdom or held by the applicant or third parties. What is needed is a letter from a bank confirming the funds are in place at the time of the application. The letter must be in a specified format which changes according to the nature of the case.
Ability in English Language. This must be at IELTS level 7.0 or equivalent. Nationals of English speaking counties such as the USA and Australia are exempt. A degree taught in English at Bachelor’s level or Masters Level in any subject should suffice.
Maintenance. You will also need to show that you have, in your own account, enough money to live on. This is deemed to be 2,800 as a minimum balance over the last 3 months prior to the application. The sum is 800 if the application is being made within the UK.
ADDITIONAL POINTS
1. Can I apply with another person?
Yes, you may apply with one other person using the same funds. The funds must be available to both of you. This is called an Entrepreneurial Team.
2. Can a third party (for example a family member, corporate body or seed investor) provide my funding?
Yes, you may rely on money made available by one or more other people. They will need to confirm that the money is available for you to invest in a United Kingdom business.
3. What is the duration of my visa?
If your application is successful you will be awarded a visa for 3 years and 4 months.
4. Can I work during this time?
You can only work in the business you have set up and contract with other businesses. You cannot take on a salaried position with another employer.
Note that a spouse can take a job full time and therefore careful choice of whom is the main applicant and who is the dependent between a couple is important.
5. Can my family join me?
Yes, you can bring your spouse and children under 18 with you. Other relatives can be allowed on a discretionary basis only if there are compassionate factors.
STAGE 2 – IN THE UNITED KINGDOM
Once the visa has been granted and you have arrived in the United Kingdom, you will be expected to meet the following requirements:
Invest 200,000 in business in the United Kingdom. The investment will not include the value of any residential accommodation, property development or property management. This does not have to be the same sum as the original 200,000 pounds shown at stage 1. The funds must be actually spent as expenses in the United Kingdom in full over the three years.
You must either register as a director of a UK company at Companies House or register as self employed with HMRC within six months of arriving in the UK. This is a mandatory requirement. The company that is set up within the 6 months does not have to be the same company that spent the 200,000.
At the end of three years , you must be acting as a director, or be self-employed in any company.
You must have created the equivalent of two,1 year-long, full-time jobs for people who are settled in the United Kingdom. This can either be 2 persons for a year full time, 1 person for 2 years full time or even 4 persons for 6 months full time and so on.
STAGE 3 – GAINING PERMANENT RESIDENCY IN THE UNITED KINGDOM
Before you can get British Nationality you normally must have held Permanent Residency (known in the UK as ‘indefinite leave to remain’ for one year.
In order be able to gain indefinite leave to remain, the you must have resided on the Entrepreneur visa in the UK for 5 years. (made up of stage 1 and stage 2 above).
You also must not have travelled outside the United Kingdom for more than 180 days (6 months) for every calendar 12 months that you are here.
Accelerated Settlement
As seen from the above, indefinite leave to remain is normally gained 5 years after initial entry.
In certain circumstances, you may apply to settle in the UK after 3 years if EITHER:
(a) You create 10 new full time jobs (instead of the 2 normally required)
OR
(b) You establish a new business that has an income of £5 million over a 3 year period or you have increased the income of an established business by £5 million over a 3 year period.
Whichever route you use, you may apply for British Citizenship one year after living in the United Kingdom.
STAGE 4 – GAINING NATIONALITY
If you would like to apply for British citizenship you may spend on average no more than 90 days outside the UK each year, and no more than 90 days outside the UK in the 12 months before you apply for citizenship.
Your family will gain citizenship and before that permanent residency when you do in nearly all circumstances.
NEXT STEPS AND HOW WESTKIN CAN HELP
Westkin undertake the entirety of the visa application process. We offer a complete service and guarantee that our visas are granted every time.
Once the visa is granted we can advise on the permitted investments into the UK on an ongoing basis as required. We can also provide a turnkey solution where we assist with advising on the business documentation required on an ongoing basis. Again this is where required.
If you would like further information about coming to the United Kingdom as an entrepreneur or want to check whether this visa is the correct option for you please contact:
Amir Zaidi or Hateem Ali
T: +44 (0) 20 7569 3040
F: +44 (0) 20 7900 6020
Please call us for a no-obligation, no-cost chat or use the enquiry form on the left side of screen and above. Our best Immigration Lawyers are waiting for your call.
Westkin Associates
24 – 25 Nutford Place, Marble Arch
London
W1H 5YN
United Kingdom
02075693040
© 2011 Westkin - London Immigration Lawyers
Investor Visas
UK Investor Visa +
Why Choose Westkin for your UK Investor Visa Application ?
Very few UK immigration firms have a consistent track record in Investor Visas.
We do.
Westkin’s dedicated team has experience in assisting high net worth individuals in re-locating to the UK or visiting to manage their investments. The team is run by Amir Zaidi, a former barrister, who has never had an Investor Visa application rejected.
His experience in this field is well known and he trains other law firms in how to prepare UK Investor Visa applications.
Our bespoke service includes:
Strategy and Planning – We carefully review each case to identify if the UK Investor Visa is the best option.
Confidentiality - We lawfully manage the amount of financial information you give to the UK Government, to protect your sources of income.
Discretion and Convenience – Aside from welcoming you to our Central London offices, we are can to see you at any convenient venue for you: at your private offices, home or at a third party office or private member’s club.
Consolidated Advice – We work with large Private banks to ensure that you obtain a complete service, we liaise with your financial advisors and check every investment that you intend to make and approve the product from the immigration law perspective.
Where tax implications arise, we work with tax advisors to develop focused strategies in an increasingly intricate resident non-domiciled environment.
Visa Management – Once the visa is granted, our services can be retained to manage the visa aspects of the investment alongside your bankers, financial advisors and tax representatives.
Timing - we use up to date project management techniques to ensure that the application and all other factors work together so the application fits in with your busy life.
Language – we have a number of languages spoken, please see here for an up to date list.
Podcast: Download (0.0KB) | Embed
What next ?
Contact Mr Amir Zaidi for a confidential and no obligation consultation. He and his team will develop an action plan for you. If needed we can arrange introductions to Private Banks and Tax Advisors at the first appointment to ensure seamless advice to you.
Tier 2
Tier 2 General +
Tier 2
Sponsored Skilled Workers
For those who cannot qualify under the various immigration categories of Tier 1, the next nest immigration status derives from the various provisions below. Most sponsored skilled workers are governed by Tier 2. There are 5 forms of skilled worker. These are
· Tier 2 (General)
· Tier 2 – Ministers of Religion
· Tier 2 – Sportspersons
· Tier 2 – Intra- Company transfers
· Romanian and Bulgarian Nationals
Tier 2 General sponsored workers
The main disadvantage under Tier 2 is that you need to have a job offer from a UK-based employer who is prepared to sponsor you and that sponsor has the relevant immigration licenses, then you can apply for permission to enter or stay in the United Kingdom.
The requirements under the Tier 2 General, skilled worker category, are:
· You must have a sponsor; and
· You must have a valid certificate of sponsorship.
The application process will look at the following criterion before deciding whether to grant immigration status or not:
· English language ability
· Maintenance – ie available funds
· Qualifications;
· Future expected earnings; and
· Nature of sponsorship;
Only those who are outside the United Kingdom, in the United Kingdom but under a “switchable” immigration category or those who are in the UK already as a sponsored skilled worker can apply to the immigration authorities for further permission to remain in the UK as a sponsored skilled worker.
Similar, but not identical provisions apply to sportspersons, ministers of religion or Intra-company transfers. Please contact our experienced immigration lawyers for further advice, details and representation.
As can be seen from the above, the issue relating to job offers and sponsorship licenses are complex. Our specialist immigration lawyers will be able to assist with these requirements whether you are business seeking to employ worker in these immigration categories or whether you are an individual seeking guidance or representation in becoming a sponsored skilled worker.
For workers from the European Economic Area and Switzerland
As is well known the immigration provisions for nationals of countries that make the EEA and Switzerland are on the whole generous to applicants. Nationals of those countries are free to enter and take up work without the need to inform or seek permission from the immigration authorities.
Registration Certificates, Family Member Residence Stamps and Registration Cards can be applied for, but they are not needed before work is undertaken.
The European immigration rules for dependents are based largely around a distinction between family members and extended family members. The immigration rules for European nationals gaining settlement and citizenship are not dissimilar for those who have lawful stay in the United Kingdom. Our specialist immigration lawyers are on hand to assist with these European applications.
Other European Countries
There are separate provisions for nationals of other European countries. If you are a national of the following countries please call our top immigration lawyers for a detailed consultation for a fixed fee:
· Bulgaria
· Romania
· Czech Republic
· Estonia
· Hungary
· Latvia
· Lithuania
· Poland
· Slovakia
· Slovenia
Our leading immigration lawyers are on hand to advise nationals of these countries as to all their options as regards family members, settlement, rights and responsibilities.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Intra Company Transfer +
Intra Company Transfers allow a Tier 2 licensed employer to transfer and recruit employees from companies that they have links to abroad.
As immigration lawyers specializing in Intra Companies, it is crucial to apply best practice to this fast changing area.
The main requirements are that the Employer must have a Tier 2 license, not just to employ Tier 2 General workers but specifically to cover Tier Intra Company Transfers.
The immigration authorities will also require that the Intra Company transfer fits within the following 4 categories:
• 1. Long-term staff – this is for established and skilled employees. These are employees who the immigration authorities agree are to be transferred to the UK division or branch of their company for a period greater than twelve months to fill a vacancy that cannot be filled by a UK based recruit.
•
• 2. Short-term staff – this is similar in nature to category 1 above, but as well as being for established and skilled employees to be transferred to the UK division or branch of their company, these are employees that for 12 months or less will be filling a post that cannot be filled by a new recruit from the UK.
•
• 3. Graduate trainee – our immigration lawyers are experienced in using this route, which allows the transfer of recent graduate employees to take employment at a UK branch of the same company. This will be part of a structured graduate training programme. This programme must be clearly defined and should lead to a managerial or specialist role in the future.
•
• 4. Skills transfer – this route allows the transfer of new and graduate employees to a UK division of the same company. The difference is to obtain the skills and to learn the knowledge required to perform their job overseas. Thy can also be used to train so their specialist skills and knowledge are transferred to the UK workforce.
An appropriate salary and certificate of sponsorship will also need to be obtained.
The applicant’s maintenance and English requirements will be assessed by the immigration authorities.
The amount of time obtained in the visas will depend on the 4 categories above.
Please contact our experienced immigration lawyers for further guidance.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Sports persons +
The UK has a long tradition of hosting sporting events and attracting the finest sportspersons to compete here. The Immigration rules reflect this.
To enter the UK as a sportsperson, there are 4 broad requirements.
1. The applicant must have a certificate of sponsorship. This essentially means that he has an employer who has a licence to employ sportspersons. So an example, if a professional football wished to sign for UK club and he had no permission to work in the UK, he could then only join a football club which held the appropriate Tier 2 licence.
2. The applicant must also have the endorsement of his designated body – each sport has a professional overseeing body which will endorse the sportsperson as broadly skilled enough that he deserves a certificate in his favour. In the above example, the Football Association would grant this endorsement and without it the club could not sign the player. The Football Association, like all governing bodies has general criteria to assess the player’s skill. It is usually based on their promise or whether they have played in 75% of their country’s international games over a specific period of time.
3. The sportsperson must have the ability in English Language. This is usually set at IELTS 6.5. If they do not have this then there is an option to apply for a temporary visa to play as a sporting worker under Tier 5 which does not require English Language.
4. That the appropriate maintenance levels appear in their bank accounts. This should cover the previous 3 months and cover all dependents. The employer can certify that they will cover all the costs of the applicant and his family in the alternative.
Of course, these provisions do not apply if the applicant has alternative permission to work. These can include:
The applicant is a national of a EEA country (European Economic Area) or a national of Switzerland – see the European nationals page.
• The applicant is a British overseas territories citizen,
• The applicant is a Commonwealth citizen, because at least one of your grandparents was born here – see the UK ancestry page for further details.
• The applicant has indefinite leave to remain in the United Kingdom
Contact our leading immigration lawyers for further guidance.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Minister of Religion +
As experienced immigration solicitors are aware, the UKBA allows those providing pastoral care to enter the UK under the Tier 2, (Minister of religion) category.
The visa category is for people who are due to commence employment or a role within their religious communities in the UK.
The various positions they can undertake include:
- • Acting as ministers of religion;
• Acting as missionaries; or
• Acting as members of religious orders.
The types of duties can include the following:
General Pastoral Duties;
Leading worship ceremonies;
Giving religious education by preaching;
Giving religious education by teaching;
Holding marriage and other ceremonies;
Offering counselling and welfare support to members of the faith;
Interviewing and Training and Co-ordinating the work of any local volunteers and lay
preachers;
Missionary preaching;
Missionary training.
Translating religious texts
The 3 main requirements are that:
(a) The applicant has a certificate of sponsorship from an organisation that has Tier 2 (Minister of Religion) Licence
(b) That the applicant can prove his level of maintenance
(c) Can provide he has made out the English Language requirements
Please contact our experienced Immigration Lawyers for more guidance
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Student Cases
Tier 4 General Student +
Immigration Lawyers for Students
At Westkin, we take student immigration cases seriously.
We have developed a strong reputation for being dynamic, approachable and above all else, professional. We pride ourselves on giving honest, clear and effective advice in all aspects of immigration law.
Our immigration lawyers are available to assist you with all your immigration matters, from initial immigration applications to the Home Office through to immigration appeals before the Asylum & Immigration Tribunal.
Our specialist international student immigration service is unique amongst the legal industry. We work closely with international student officers at major universities to make strong and detailed applications to the UK Border Agency which ensure our student clients always get the best results.
We deal with:
- Applications to enter the UK as a student;
- Applications to extend or remain in the UK as a student;
- Applications to move from one college / university to another;
- Applications from students where their previous college has closed down.
Don’t take our word for it. We are recommended by leading educational institutions, including the prestigious International Student House.
Immigration for Students – the basics
The student provisions in the immigration rules can form the basis of an application for entry, limited work and in the right circumstances for settlement in the United Kingdom.
Coming to the UK as a student
The immigration permission to come to the UK is called leave to enter. You will need to obtain this before coming to the United Kingdom.
You make an immigration application with attached documents in order to prove to the immigration authorities that the following criterion is made out:
If you wish to study in the United Kingdom, you must be able to show that you have been accepted on a course of study at an institution that:
· Is on the Tier 4 register of sponsors; and
· has issued you with a CAS (Confirmation of Acceptance of Studies) Number.
· You will also need to show that you have enough maintenance funds (money) to fulfil the UKBA requirements.
Extending your immigration stay as a student
If you are in the United Kingdom you can apply to extend your stay as a student. This is called obtaining leave to remain. You need to show the same as above.
Please note that the immigration authorities require student applicants to apply for a “biometric immigration document”.
Please contact experienced immigration lawyers for more assistance with this.
Immigration for students – A final word
As is well known the UK benefits from heavily from the immigration and presence of foreign students. We endorse the words of Lord Justice Sedley in OBED (& Others) in July 2008:
“Before we turn in detail to our reasons, it is relevant to recall that the admission of foreign nationals to study here is not an act of grace. Not only does it help to maintain English as the world’s principal language of commerce, law and science; it furnishes a source of revenue (at rates which, by virtue of an exemption from the Race Relations Act 1976, substantially exceed those paid by home students) of frequently critical budgetary importance to the United Kingdom’s universities and colleges as well as to many independent schools. We therefore find it unsurprising that the legislation and rules, correctly construed, do not place arbitrary or unnecessary restrictions on what foreign students can study here. It does not require evidence to remind us that it is not uncommon for a student to realize that he or she has made an unwise choice, or perhaps is being poorly taught, and to change courses or institutions with beneficial results.”
Visit our blogsite www.internationalstudentsblog.wordpress.com where we constantly add content on student immigration.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tier 4 Child Student +
The UK Immigration authorities allow for child as well as adult students to come to the UK.
The Tier 4 (Child) category is for children coming to the UK to be educated at independent fee paying schools.(also known as private schools).
The age limit for this category is 4 years old at the youngest age and 17 years old at the eldest age. It is only children between 4 and 15 years of age that must be educated at independent fee-paying schools, rather than state funded schools.
Otherwise, Tier 4 holders in the Child student category cannot study at publicly funded state schools.
The only publicly funded education providers that can teach Tier 4 (Child) students are publicly funded further education college which are able to charge for international students.
Applicants must be able to make out the maintenance requirements as well as having a CAS (a confirmation of acceptance of studies)
Please contact our leading visa and immigration lawyers for more advice.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Student Visitor +
A wide variety of other industries and purposes are covered by business visitors, if you are in one of the following categories and wish to travel to the United Kingdom as a business visitor, please contact our experienced immigration lawyers.
· Academic visitors (academic visitors, under the immigration rules, can stay here up to 12 months, if more time is needed then that needs to be applied for from outside the United Kingdom).This includes visiting professors accompanying students programmes for study abroad
· Doctors taking the PLAB test at one of the centres in the United Kingdom, PLAB stands for professional and linguistic assessment board.
· Doctors and dentists attending for clinical attachments and observations respectively.
· Film crews on location shoots only, they need to be employed or funded by an overseas company.
· Employees from news media organizations, these organizations need to be based overseas and the employees payment must originate entirely from the overseas organization.
· Religious workers undertaking limited preaching and pastoral work. This must be part of a wider business trip (to attend a meeting or conference, for example), they need to be based abroad and not be taking up an existing post.
· Secondees from overseas companies.
· Interpreters who are being brought to the UK to provide services to organizations based primarily outside the United Kingdom.
· International companies can bring existing foreign based employees to be trained in UK work practices, to trouble shoot, train in company practices or consult, as long as this does not amount to on the job training for a permanent position in the United Kingdom.
As can be seen, business visitor positions are largely to fill as specific one off work or business need. If a wider ranging position is needed, or a longer period is needed, then other parts of the immigration framework, including the points based system, usually Tier 1 should be used. Our experienced immigration lawyers can advise on this.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Prospective Students +
The student provisions in the immigration rules can form the basis of an application for entry, limited work and in the right circumstances for settlement in the United Kingdom.
Coming to the UK as a student
The immigration permission to come to the UK is called leave to enter. You will need to obtain this before coming to the United Kingdom.
You make an immigration application with attached documents in order to prove to the immigration authorities that the following criterion is made out:
If you wish to study in the United Kingdom, you must be able to show that you have been accepted on a course of study at an institution that:
· Is on the Tier 4 register of sponsors; and
· has issued you with a CAS (Confirmation of Acceptance of Studies) Number.
You will also need to show that you have enough maintenance funds (money) to fulfil the UKBA requirements.
Extending your immigration stay as a student
If you are in the United Kingdom you can apply to extend your stay as a student. This is called obtaining leave to remain. You need to show the same as above.
Please note that the immigration authorities require student applicants to apply for a “biometric immigration document”.
Please contact experienced immigration lawyers for more assistance with this.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
Immigration for students - A final word
As is well known the UK benefits from heavily from the immigration and presence of foreign students. We endorse the words of Lord Justice Sedley in OBED (& Others) in July 2008:
“Before we turn in detail to our reasons, it is relevant to recall that the admission of foreign nationals to study here is not an act of grace. Not only does it help to maintain English as the world’s principal language of commerce, law and science; it furnishes a source of revenue (at rates which, by virtue of an exemption from the Race Relations Act 1976, substantially exceed those paid by home students) of frequently critical budgetary importance to the United Kingdom’s universities and colleges as well as to many independent schools. We therefore find it unsurprising that the legislation and rules, correctly construed, do not place arbitrary or unnecessary restrictions on what foreign students can study here. It does not require evidence to remind us that it is not uncommon for a student to realize that he or she has made an unwise choice, or perhaps is being poorly taught, and to change courses or institutions with beneficial results.”
Visit our blogsite www.internationalstudentsblog.wordpress.com where we constantly add content on student immigration.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Post Study Worker +
This immigration category replaces the old International Graduate Scheme (and its Scottish counterpart, the Fresh Talent in Scotland Scheme). This immigration category is designed to keep the best and the brightest foreign students (see our studying in the United Kingdom page) in the United Kingdom after the end of their studies. Those who were on the International Graduate Scheme or the Fresh Talent in Scotland Scheme will instantly qualify for the Post Study work category, subject to Language and Maintenance requirements.
Although time spent under the Post-Study Work immigration category does not count towards permanent residence, the Home Office has indicated that they regard this category as a bridge from studying to highly skilled or skilled work.
For those not previously on the International Graduate Scheme or the Fresh Talent in Scotland Scheme the immigration requirements are that the candidate has a:
· a UK recognized bachelor’s degree; or a UK recognized postgraduate degree; or a UK postgraduate certificate or diploma; or an HND from a Scottish institution; and
· that qualification was obtained at a UK institution that is either; a recognized or listed UK body; or on the Tier 4 sponsors register (once implemented); or
· If claiming points for a Higher National Diploma from a Scottish Institution, that diploma was earned at a publicly funded institution of higher education or a bonafide Scottish private education institution which maintains records of enrolment and attendance.
· That qualification has to be obtained while in the United Kingdom, when you had leave as a student leave (Tier 4) or as a dependent of someone with immigration leave.
· It also is a requirement that the application was made within the last 12 months of the qualification.
Amongst London immigration solicitors and barristers, our specialist immigration lawyers will be able to assist with these requirements but also with extending your time in the United Kingdom, and if required, advising on routes to settlement and citizenship.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Long Residence
10 year long residence +
Indefinite Leave on the basis of 10 years Long Residence
As our immigration lawyers can advise, Rule 276 of the Immigration rules allows for an indefinite leave to remain for persons who have had long ‘continuous’ residence in the UK.
To qualify for this gateway you must have:
At least 10 years ‘continuous’ lawful residence in the UK;
OR
At least 14 years ‘continuous’ residence in the UK, even if some of that residence was unlawful. (click here for our 14 years residence page)
10 year applications
What is ‘continuous’ residence and how should it be calculated?
Continuous residence means the time you have been in the UK with immigration permission for an unbroken period.
The period of time commences from the moment you enter the UK.
You are allowed to spend a certain part of the time out of the country, but in certain situations the period will count as broken:
A broken period is:
An one off period of absence from the UK of more than 6 months at any time in the previous 10 years; or
An Absence from the UK of less than 6 months when you did not have valid leave to remain on the day you left the country and when you returned.
You also cannot remain outside the country for more than 540 days (18 months) in total.
Other factors that the immigration authorities state will break continuous residence
The applicant has been removed or deported from the UK or have left the UK following the refusal of leave to enter or remain; the applicant left the UK and at the same time there is evidence that he had no intention to return or he departed the UK in such a manner than objectively, he cannot have expected to be able to return with a lawful valid visa or where there has been a criminal conviction.
Factors taken into account by the Home Office in granting your application if you have the required 10 year continuous residence in the United Kingdom.
The immigration authorities will also assess whether it is in the public interest to grant you indefinite leave to remain. This is a question based around the following factors:
(a) your age, (b) strength of connections in the United Kingdom, (c) personal history, including character, conduct, associations and employment record (d) domestic circumstances, (e) previous criminal record and the nature of any offence of which the person has been convicted,) and any compassionate circumstances,
The applicant must also have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless you are under the age of 18 or aged 65 or over at the time he makes his application.
If you meet ALL the requirements then you will be granted indefinite leave to remain in the UK.
If you meet all the requirements but not the Language requirements and you cannot show sufficient knowledge of life in the UK If you are applying under the 10 year rule, you will only be granted 2 years leave to remain with no restrictions on employment but with no access to public funds.
Please contact our experienced immigration lawyers for further details.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
14 year long residence +
Our specialist immigration lawyers can advise on indefinite leave to remain (also known as settlement and the equivalent of permanent residence). They can also advise on moving from that status to British citizenship. In certain circumstances those with historic links to the UK or its colonies may be entitled to the right to live in the UK or citizenship.
Applying for settlement in the United Kingdom
Our experienced immigration lawyers are able to explain how our clients can apply for permanent residence in the United Kingdom. (which is often called ‘indefinite leave to remain’ and is also often called ‘settlement’)
We can assist those who have lived legally in the United Kingdom for a certain length of time. This is commonly 5 years, but in some cases as few as 2 years. After speaking to our immigration lawyers we can assist you in advising whether you may be able to apply to live here permanently, depending on the type of visa you have and your previous immigration history.
As you may know, every type of visa carries with it a different length of time before it leads to settlement, but as a quick guide it is useful to remember that settlement categories tend to be those that come out of work, business, marriage, family reunion, refugee or human rights categories. Students tend not qualify but our experienced immigration lawyers have been successful in arguing that they should gain permanent residence on the basis of long stay here (usually 10 years).
In order to apply for permanent residence, you will usually need to show that you have both knowledge of life and language in the United Kingdom. This usually applies to those who are over 18, but under 65 years of age.
Whilst your application for permanent residence in the UK should not be sent to the Home Office more than 28 days before the end of your qualifying period, we advise that clients see one of our experienced immigration lawyers well before this. This will help us give you high quality advice as to both the requirements you need to fulfil, the evidence required and the procedure adopted. As you must make your application before your current permission to stay in the United Kingdom expires this will give us enough time to give you the best possible prospect of success.
Changes to the Path to Nationality
British Citizenship and Nationality mean essentially the same thing. Those with permanent residence are entitled to apply for British Nationality, but the government has introduced many provisions which is marking increasingly difficult to gain a British Passport.
On 20 February 2008 the Government published the Green Paper ‘The Path to Citizenship: Next Steps in Reforming the Immigration System’. This document explained proposals for changing the way that someone can become a British citizen or even remain here as a permanent resident.
These proposals are introduced a concept called ‘Earned citizenship’.
The Home Office introduced a 3 stage road to British citizenship The three stages are:
1. Temporary residence
2. Probationary citizenship
3. British citizenship/permanent residence
Further information on the implementation of the proposed changes will be announced following parliamentary approval in 2009.
As can be seen the proposals are fast moving and will change over the course of 2009. We advise our clients to continue to check this website for updates on the new changes and of course, whether you are an existing client or not, to call one of our experienced immigration lawyers for up-to-date guidance.
The Home Office have advised that existing arrangements for gaining British citizenship (what is known as ‘naturalisation’) will continue until these proposals come into force and become law.
Current rules on Nationality
Nationality Law is complex with entire books devoted to its rules and history, our experienced immigration lawyers are able to quickly and efficiently identify if and when you should apply for citizenship. A quick guide however follows:
· You can gain nationality after having had 5 years residing in the United Kingdom (or 3 years if you are married to or the civil partner of a British National). You will need to be over 18 to do this. This is called ‘naturalisation’.
· Certain people can register as a British Citizen. These tend to be people with historic links to British Overseas Territories or are British Protected Persons or even those who are stateless. This area is complex, specialised and lengthy, if you think you may be able to qualify to register as a British citizen, please contact one of our immigration lawyers straight away.
· You also need to be of good character and of sound mind in order to gain British Citizenship.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
EEA
EEA marriage and family members +
EEA Marriage and Family Members
As is well known, EEA nationals coming to the UK, can enter without the need for prior immigration permission or the help of an immigration solicitor.
Our Immigration lawyers can assist EEA nationals with any immigration matters, but most of our work involves cases where a foreign migrant wants to remain in the UK as a family member of an EEA national.
The 2006 European Economic Regulations allow a citizen of the European Economic Area (EEA) or Switzerland to bring or keep any foreign migrant of any nationality in the United Kingdom as their family member, subject to certain conditions.
If the application is successful, the family member will usually obtain a residence card for 5 years from the date when it is issued.
Then at the expiry of the 5 year period, the foreign national can then apply for permanent residence in the UK. As immigration solicitors and those interested in immigration issues are aware, permanent residence is the equivalent of Indefinite Leave.
Who is a family member?
EEA national can “sponsor” the following persons who are foreign migrants:
1. husband;
2. wife;
3. civil partner (a gay spouse);
4. children or grandchildren
5. children or grandchildren of the foreign migrant as long as they are under 21 years of age or are dependents
6. The parents or grandparents of the EEA national or the foreign migrant;
Immigration solicitors and lawyers are often asked about other relatives, usually extended family members such as brothers or cousins. These can make an application, but it is not automatic and there needs to be pre-existing dependency shown.
These applications are considered in Liverpool at the UKBA, not in London. Immigration lawyers have noted that this has led to a different culture being adopted at these parts of the UKBA.
If you and your partner are not married or in a civil partnership, please see our EEA unmarried partners page).
Please contact our immigration lawyers for an appointment
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Unmarried Partners +
EEA Unmarried Partners
As experienced immigration solicitors and lawyers are aware, the UK allows for extended family members of EEA nationals to remain in the UK, even if they are foreign nationals. This can include unmarried partners, so long as they couple are in a durable relationship.
What are the requirements that these Durable Partners need to show?
The following requirements are normally assessed by the UKBA.
1. One unmarried partner must be an EEA national exercising treaty rights ( ie working or one of the other categories.)
2. The unmarried couple must have the intention to permanently live as a couple together.
3. The unmarried couple must have been residing together in a relationship similar to that enjoyed by a married couple, and that relationship should have existed for in excess of two years.
4. The unmarried partners must not be related by blood. Essentially, there is no blood relationship.
5. Any previous marriage or long term unmarried partnership or similar relationship by the EEA party or the third party national has now permanently broken down.
There are other minor requirements which our leading London based immigration lawyers can advise upon.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
EEA Divorce +
Under European Regulations, There are now a number of circumstances in which non-EEA national family members can remain in the UK even if their marriage breaks down.
Other than the breakdown of marriage the 2006 EEA Immigration regulations do also allow family members an spouses of EEA nationals may keep their right to remain in the UK if the EEA national leaves the UK or dies .These circumstances are set out in regulation 10 of the 2006 Regulations.
How do I stay in the UK if I am migrant whose marriage to a UK national has broken down?
As an applicant, our immigration lawyers will be able to assist if:
1. The marriage or civil partnership (gay marriage) should have lasted for at least three years immediately before the divorce process started; and
2. Of that 3 years, the couple must prove that they lived together in the United Kingdom for one year whilst they were married, or, alternatively, the former spouse or civil partner of the qualified person has custody one of the children of the marriage or a right of access given by a consent or der or the court to the children of the marriage in the UK, or
3. There are particularly difficult circumstances (such as domestic violence) which would justify the foreign national remaining in the United Kingdom. And
4. In most cases both the EEA spouse and the Non EEA spouse should be working, self employed or exercising treaty rights.
Our experienced Immigration lawyers can assist, please contact us at your convenience.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Overstayers
EEA Other +
Our leading immigration lawyers are aware of further applications that can be made on behalf of those with EEA links or family members of EEA nationals.
These can include:
1. EEA national children assisting non EEA nationals – known as “Chen” cases;
2. The right of British Nationals to be treated as EEA nationals – known as “Surinder Singh” cases;
3. The right of non-EEA nationals when posted to EEA companies – “Van der Elst” cases;
4. Dependent Relatives – ie non Spouse or Child family members of EEA nationals;
As all experienced immigration solicitors and lawyers are aware, the categories of individuals who can apply under EEA provisions are changing constantly, if you think you might qualify for under EEA provisions, please contact us.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Human Rights
Asylum Appeals +
As Immigration Lawyers, we are genuinely proud to have industry leading lawyers who have worked in leading asylum cases.
We are aware of how stressful an asylum appeal can be. Asylum appeals are the area of work that deals with challenging refusals of asylum claims. To read about asylum cases, click on the link.
If your asylum claim has been rejected, please be aware that there is a second chance to appeal. In fact official government figures show that most asylum applications are rejected before appeal.
Our can our experienced immigration lawyers can help. Please read below and go to the bottom of the page for a 2 part video explaining the appeals process:
How we will start to help?
Our leading immigration lawyers follow best practice.
This means they will look over the decision for you and advise you without charge on:
– What your chances of success are;
– What documents you will need to overturn the decision;
– How much we will charge to run your appeal.
If you then are happy to instruct us, our immigration lawyers will make sure that everything is done to ensure that your asylum appeal is successful.
The Process
Asylum appeals are heard in the First-tier Tribunal. The Tribunal’s role is to hear and decide appeals against decisions made by the UK Border Agency’s officers in the UK. The first tier Tribunal is a type of court, and there are numerous courts around the UK.
In order to get an appeal, we will assist you in completing a form called an “IAFT-1” – which informs the Immigration court that you have received an asylum decision that you wish to appeal. Our immigration lawyers will advise on how much details should be given now and how much at the actual hearing. This is a judgement that will be different in each case.
Once the appeal form is sent to the court, they will reply within a few weeks giving you date for when you will need to attend for your asylum appeal. As immigration lawyers and solicitors are aware, this is where the real work commences!
Our immigration lawyers will get you ready for an appeal, with the assistance including the following key areas:
1. Fully taking the asylum case over, including informing the court and Home Office that we are representing you as your immigration lawyers; and
2. full preparation of the witness statements; of crucial importance in an asylum appeal; and
3. full preparation and advice on all documents needed; and
4. fully briefing, specialist and experienced advocates who work within our office;
5. advocates appearance at court (advocacy and representation)
6. advocate’s advice in preparation of the appeal; and
7. advocate’s skeleton argument; and
8. our preparation of indexed and paginated bundles; including complying with all court directions; and
9. getting you and your witnesses (if any) ready for hearing; and
10. All other work to win the case; and
11. if the appeal is successful meeting all the administrative deadlines so the visa originally applied for is placed in your passport as soon as possible; and
12. If unsuccessful advising you on next steps, further appeals, merits and costs.
One or more immigration judges may hear an appeal. They are sometimes accompanied by non-legal members of the tribunal.
Appeals are heard in a number of centres around the UK.
If you make an appeal, one of our immigration lawyers will attend the hearing with you and represent you in that process. The UK Border Agency will also have a legal representative at the hearing.
The judge(s) or panel will then decide whether your asylum appeal is successful and this decision will be provided to you in writing.
In some circumstances you may even be able to challenge a decision made by the First-tier Tribunal by applying to the Upper Tribunal. You may also apply to the Upper Tribunal to challenge a First-tier Tribunal decision.
Sometimes it may even be possible to challenge a decision made by the Upper Tribunal by applying to the Court of Appeal.
Do you have grounds for appeal?
If you have just received a decision from the UKBA refusing your asylum claim, you may appeal on any one or more grounds.
It is important to note that you have the right to appeal as of right. This means that you will have an asylum appeal in court even if you mention no grounds, as long as you complete the form.
These grounds include:
race discrimination; or human rights, if the decision is against your rights under the European Convention on Human Rights or it would be against your rights for us to remove you from the United Kingdom because of that decision (You may also appeal this removal if it is against the Home Office’s obligations under the 1951 United Nations Convention Relating to the Status of Refugees); The Home Office decision was not in line with the immigration rules; The Home Office decision was not in line with the law; or If the immigration rules allowed the person who made the decision on your asylum claim to exercise his/her own judgement on the circumstances of your case and his/her judgement should have been exercised differently.
What next?
If you have been refused asylum, then please contact us as soon as possible. We will look over the decision for you and advise you without charge on:
What your chances of success are;
What documents you will need to overturn the decision;
How much we will charge to run your appeal.
If you then are happy to instruct us, our immigration lawyers will make sure that everything is done to ensure that your asylum appeal is successful.
Amongst London’s immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
Please contact us using the details at the top right of the page.
Appeals Process:
Part 1
Part 2
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Fresh Claims +
What is a Fresh Claim?
When an asylum claim is rejected and the following asylum appeal is also unsuccessful, an asylum seeker may not immediately leave the country. If during this time, the situation in his home country changes (ie gets worse or there is a change in government) or if new relevant evidence comes to light (like a new arrest warrant from the home country etc), then the law allows the asylum seeker to present that evidence as a fresh claim.
Our immigration lawyers have experience in assisting clients in first of all assessing whether their case merits a fresh claim, and then to help draft the fresh claim.
As Immigration solicitors are aware fresh claims are governed by Paragraph 353 of the Immigration Rules:
“Fresh Claims 353. When a human rights or asylum claim has been refused and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim.
The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content:
(i) had not already been considered; and
(ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.
This paragraph does not apply to claims made overseas.
353A. Consideration of further submissions shall be subject to the procedures set out in these Rules. An applicant who has made further submissions shall not be removed before the Secretary of State has considered the submissions under paragraph 353 or otherwise.
This paragraph does not apply to submissions made overseas.”
To put it simply, you will be able to make a fresh claim if you can show:
1. that there are new evidence or change in circumstances that have not been considered by the Home Office, and,
2. that this new pieces of evidence will make a difference to the outcome of your case.
What are the kind of circumstances where can fresh claims can be made?
• When you have failed to disclosed to the Home Office or the Immigration Judge everything that happened to you.
• You have received some important documents from your own country, which were not available to you when your asylum claim was considered.
• There may have been changes in the law in your own home country which may put you at risk of persecution.
• There may have been changes in the condition of your home country that may put you at risk of persecution.
• You may have converted to a different religion after the removal of your asylum claim, and you face the risk of persecution due to the conversion.
Please Note:
The situations above are examples and you are not restricted by them; there are as many fresh claims as there are asylum claims.
What is the process for fresh claims?
1. If your asylum claim was made before 5 March 2007:
• your case is managed by case resolution directorate from the Home Office and you will need to make your further submissions by appointment and in person at Liverpool further submissions unit (FSU), and,
• you cannot make a further submission at Liverpool FSU unless you have an appointment.
*If you cannot travel to Liverpool FSU
You will not need to book an appointment if you are unable to travel to the FSU because you meet one of the following exceptional criteria:
• you have a disability or severe illness and are physically unable to travel;
• you are imprisoned or in detention and cannot make your submission in person; or
• you are an unaccompanied asylum-seeking child and cannot travel to the Liverpool FSU because it is too far away.
Instead, you are allowed to fax your further submission to the further submissions team in Liverpool.
This requires actual physical attendance, which can be a worry for clients. Our Immigration Lawyers will use best practice techniques to help.
2. If your asylum claim was made on or after 5 March 2007:
• your case is managed by a regional case owner and you will need to make your further submission in person at a specified reporting centre in your region, and,
• the process may be slightly different in different regions, but all cases will be treated equally across the country.
Fresh claims are complex and are at the top end of experience needed. We are confident that amongst immigration solicitors and lawyers, our work is amongst the best.
Please contact us using the methods set out at the top right of the page.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Asylum
Bail and Detention
Deportation +
Deportation cases are where the laws of crime and immigration meet. Deportation is where foreign nationals, having been convicted of a crime are selected by the Home Office to be returned to their country of origin. This is a fast moving area which requires considerable expertise and care on the part of legal representatives. Because of the considerable media coverage on foreign criminals, the Home Office are particularly concerned to return many of the people as possible. Our lawyers are fearless and committed to winning even the most difficult of these complex and often controversial cases.
Also note that immigration rules currently mean that those who are successfully deported from the United Kingdom face an automatic ban from returning in many cases.
Our team includes immigration lawyers with previous criminal law experience which makes them suited to tackling these cases.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Asylum Claims +
Our experienced immigration lawyers have years of experience dealing with appeals and applications in asylum, human rights and deportation cases.
We undertake all cases in asylum, human rights and deportation fields. Our experience in dealing with, and winning these cases means that you can be assured of a high quality, professional service which assists to relieve clients and their families of worry and anxiety during stressful times.
Asylum Law
Asylum Law is an area of immigration law that requires both specialist knowledge and commitment. It requires in-depth knowledge of UK, European and International Law.
Note if you claimed asylum before March 2007 you could have a very strong Legacy case under the legacy exercise. Please contact our specialist immigration lawyers for more details.
An asylum seeker is someone who is seeking asylum in the United Kingdom. They become refugees if they are recognised as such by the Home Office or if they are successful after an appeal to an Immigration Judge.
What does an asylum seeker need to prove to become a recognised refugee?
They have to have a well founded fear of persecution for reasons of their race, religion, nationality, membership of a social group or political opinion.
Although the above answer is short, the actual reality is much more complex and difficult.
Our experience tells us that asylum seekers need the following to become successful:
(a) They need to be believed in their story by the Home Office or an Immigration Judge. If an asylum seeker is thought not to be telling the truth then it becomes almost impossible to become recognized as a refugee. Our specialist lawyers are on hand to ensure that clients are believed in their accounts by providing high quality advice on oral and documentary evidence.
(b) They need to be able to show that, if believed, they are at risk of serious harm or death if returned to their home country. This is usually proved by careful knowledge of the available material on the country of origin. Our experienced immigration lawyers will be able to advise on the latest country guidance cases from the Asylum and Immigration Tribunal, the latest information and reports from reputable NGO sources such as Amnesty International and the United Nations Commissioner for Refugees. They can also advise when an expert report needs to be obtained from leading country expert.
(c) They need to show that they are not going to be protected from the danger from the authorities in their country of origin. This will not usually be a concern where it is the government itself is the source of the persecution or where there is no functioning government in place.
(d) They need to prove that there is nowhere safe within the country of origin that they can go, if there is then the Home Office may suggest this amounts to an option that the asylum seeker should use (known as the “Internal Flight Option” or “Internal Relocation Option”). Again, this will not usually be a concern where it is the government itself is the source of the persecution or where there is no functioning government in place.
(e) They have done nothing to suggest that they do not deserve the protection of the Refugee Convention. This is usually suggested by the Home Office as a result of criminal convictions in the United Kingdom or as a result of serious war crimes or crimes against humanity committed in the country of origin.
Although most applications for asylum are refused by the Home Office, despite this high quality legal representation is essential at this stage.
Immigration Appeals before Immigration Judges can be strengthened with care during the application process. Errors made during the application process will often be used by the Home Office during the appeal.
If refugee status is achieved, and the asylum seeker is recognised as a refugee, then the right to apply for the issue of a Convention Travel Document will be gained, Recognised refugees also have the right to apply to be joined in the United Kingdom (“Family Reunion”) by a pre-existing partner and minor dependent children.
He will, after some time resident in the United Kingdom qualify for Indefinite Leave.
You may contact us for further information to your case. Amongst London’s immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Family Cases +
The most common, successful type of claim made under Human Rights in the immigration field is when a foreign national who has no valid visa is allowed to remain in the UK on the basis of his family life. These immigration applications, known as Human Rights applications are made under Article 8.
Westkin has a great deal of experience in these forms of applications. We look forward to hearing from anyone who feels that they should be allowed to remain in the UK on the basis of their family life.
When is an Article 8 case appropriate?
There are many occasions when an Article 8 family life case would be appropriate. In cases where a foreign national has overstayed his visa, but has developed a relationship, if there are children or other compassionate factors then the courts have indicated the normal expectation that the foreign national go home can be removed.
What this means is that the foreign national normally has to return back if he has no visa, but in the situation where there are children, the prevailing view of the courts has been that the applicant should not have to return home to regularize his stay as this is not in the best interests of the child.
Our lawyers are experienced in fighting these case both by way of application and on appeal.
The key to winning these is usually evidence. Through our immigration lawyers, using many years experience will be on hand to ensure that we present the correct evidence, this is usually detailed evidence setting out the compassionate circumstances or the children or both.
Of key importance to the immigration case, is the ensuring that detailed evidence confirming that the child was born in the UK and what role the migrant plays in the child’s life is placed before the decision maker, whether than be the UKBA or an immigration judge.
Linked to this, is the importance of witness statements in these forms of cases. Witness statements allow for our clients and their partners to set out their side of the story in their own words. This is important as it gives the decision maker the real story behind the documents.
If you feel that you would benefit from speaking to one of our experienced lawyers, please contact us at your convenience.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Legacy Cases +
Legacy Cases Immigration – Westkin Associates Immigration Lawyersis a leading legacy immigration law firm situated in the heart of London with practice teams in all aspects of immigration law.
Our leading Immigration Lawyers experienced in dealing the UKBA department who deal with legacy cases -Case Resolution Directorate, also known as the CRD.
We have specialist teams who deal with Legacy cases. Our immigration lawyers also have extensive experience of in getting legacy cases dealt with fast, successfully and with no stress.
We are now offering a No Win, No Fee service for certain Legacy Cases. If we don’t deliver the results we promise, you don’t pay us a penny! That is how confident we are that we can deliver you a successful case.
Our Immigration Lawyers understand the Immigration authorities’ approach to Legacy cases.
What are Legacy Cases?
As is well known, many of those in the United Kingdom having claimed asylum since before March 2007 are still awaiting final resolution of their cases. Their cases have been moved to a department at the Home Office, called the Case Resolution Directorate (or “CRD”). These are referred to by Immigration Lawyers as a Legacy Case. Our specialist Immigration Lawyers who have great knowledge in Legacy Cases have put together a Legacy Cases Guide (bottom of the page) to provide you with more information. We know these unsettled immigration cases can lead to stress, uncertainty and worry on the part of the applicant.
We can help.
Using the immigration authorities own policies and internal guidance, our experienced immigration lawyers can:
1. Provide strong representation to maximise your chances of success. Our aim to is to get our legacy case clients Indefinite Leave to Remain.
2. To get a result FAST! Our Specialist Immigration Lawyers have experience in getting results in legacy cases in weeks, rather than months or years.
An example of our leading Immigration Lawyers’ current speed is getting a legacy result in 5 weeks.
This can be proven, and our client was so pleased he has allowed us to show prospective clients the letter, with his name removed of course!
What do I do next?
You needed to have claimed asylum before March 2007.
If so, please give us a call or alternatively, complete and send the confidential enquiry box on the left, setting out your problem in detail. Please start with the words “Legacy Cases” in your message. If you are able to include your Home Office reference number, we will be able to contact you as soon as possible with the name of the team dealing with your case at the Home Office.
Please be aware that we charge more than some other law firms for Legacy Cases. We regard this work as being extremely specialist and therefore prefer to take on cases and provide an extremely detailed level of work in order to maximise chances of success. Unlike some other law firms, we do not take on as many cases as possible and hope a few get lucky.
Our standard fee for Legacy Cases is around 1,500 pounds, based on an hourly rate of 150 per hour.
We aim to get ALL our clients Indefinite Leave to Remain and so take time and care to make sure this happens.
If this is the approach you want to your case, contact us today.
What is Legacy?In immigration terms, the word ‘Legacy’ refers to those cases where asylum was claimed by an individual before March 2007 and they have yet to be removed from the UK. This could be due to errors in recording information by the UKBA or there is some action that the immigration authorities are yet to take. Essentially, a decision will be taken to remove or grant Indefinite Leave to Remain to those people who fall under legacy exercise. In July 2006, the Home Secretary at the time John Reid committed the Home Office to clear such cases within 5 years. UKBA are on track to compete these cases in July 2011, previously they thought they would complete them by March 2011 but this is no longer the case. Who are the Case Resolution Directorate (CRD)?In order to deal with the huge number of unresolved legacy cases (estimates of between 400,000 and 450,000 cases at the time) the UKBA created a Legacy team called the Case Resolution Directorate (CRD) to deal with immigration and asylum cases that fall under the immigration legacy exercise. The aim of the CRD is to complete these cases by July 2011. The Case Resolution Directorate considers each case based on its own merits and is subject to existing policy and law. The CRD are made up of Case Resolution Teams (CRT). Our immigration lawyers are skilled in asylum and immigration arguments to put forward to the legacy team. Can I make a fresh asylum claim even though I have a legacy case?Yes you can. The CRD will consider further representation from individuals who already have an asylum claim before March 2007 that was not concluded. Our experienced immigration lawyers believe that it is best practice to make a combined asylum and immigration legacy application rather than a fresh claim as a successful legacy claim leads to Indefinite leave to remain rather than a shorter period of discretionary leave. How does the CRD prioritise Legacy Cases ie which cases are dealt with first?Each legacy case is allocated a case owner who is responsible for processing it through to the end. The line managers of the case owners or workers are informed on which cases to prioritise. In some cases however, the case worker may speed up a case themselves. Our experienced immigration lawyers will always seek to try and get our cases expedited with reference to the guidelines. They are experienced in dealing with CRT caseworkers. The table below outlines the exceptional circumstances that may allow the fast tracking of a legacy case. |
|
Type of case |
Reason |
|
Criminality |
If evidence from case records reveal that the individual has a criminal conviction then an immediate sending of the file to the Criminal Casework Teams in CRD will occur |
|
The case is subject to a court action |
A case will be expedited and a decision made quickly if there is a court judgment which requires the BIA to take action on it |
|
Suicide Risk |
If there is proof of medical evidence that an applicant has a high risk of self harming or committing suicide, after good consideration, a caseworker may decide to speed up a claim |
|
Undertaking previously given to the constituency MP or in a JR case. |
A case can be expedited if the Boarder and Immigration Agency (BIA) have given an undertaking to consider or to make a decision on a particular case and this has not been done and a senior case worker is in agreement. |
|
Medical treatment required abroad |
If there is medical evidence the applicant or their dependents are suffering from a serious medical condition that would be life threatening if not treated abroad or would have a serious impact on their quality of life. This also applies if treatment is not readily available on the NHS in the UK or if the claimant requiring treatment has no rights to it because of their immigration status. Age is also taken into consideration |
|
Serious mishandling of case (wrong decision, inaccurate facts) |
If the BIA acknowledges that it has made an incorrect decision and that decision must be put right, then the case may be fast tracked. In this situation an ‘Error’ case has occurred but should not be confused with a ‘mishandled’ case where it is not considered exceptional unless the mishandling was serious or prolonged. |
|
Outstanding asylum case |
If an initial decision has not been made on the asylum case, a case should be fast tracked by the CRT. |
|
Case out of line with other linked cases |
In the situation where a case has not been handled in a consistent way with other linked cases, the application may be accelerated. For example, if an applicant is granted further leave to remain, but the same has not been done for dependents. |
|
Allowed appeal not implemented |
If, after six months an allowed appeal has not been implemented after the determination, the file should be sent to the Appeals Implementation Unit (AIU) for the grant to be implemented. |
|
Clear and immediate issues of vulnerability |
Caseworkers should speed up a case where there are issues of immediate vulnerability raised. An example of this is when the claimant is vulnerable to child abuse or domestic violence. These cases must have supporting evidence such as a police CAD number. |
|
Seriously ill close relative abroad |
In cases where a claimant can show a caseworker proof that they have a close relative who is seriously ill abroad with nobody in the home country to take care of them, their Legacy case can be dealt with quicker. Close relatives are defined as a parent, grandparent, child, grandchild, brother or sister. |
|
Death of a close relative |
If a Legacy Case asylum seeker wishes to attend the funeral of a close relative |
Will an outstanding Legacy Case prevent my removal from the UK?
We have a number of clients who have legacy cases not yet considered by the CRT but are worried the UKBA / Home Office through an immigration enforcement team still has the power to remove them from the UK while they await a resolution of their legacy case. In August 2009, the UKBA made changes to their enforcement guidance which meant caseworkers must assess, on an individual basis, the prospect of removing individuals who have asylum cases pending. In circumstances where UKBA have caused the significant delay (usually 3-8 years depending o the circumstance) in an asylum case, the caseworker must place weight on the delay. What this means is the caseworker must consider how long of a delay UKBA has caused to a case when considering removing a claimant from the UK. The following are circumstances where caseworkers must place weight on delay:
To simplify things, it is unlikely that an individual who claimed asylum before March 2007 will be removed while awaiting the outcome of their Legacy case.
How does Westkin win Legacy Cases?
Here at Westkin Associates – London Immigration Lawyers, we are very aware how stressful it can be claiming asylum and awaiting a final outcome. Even if you were not successful in your claim and remain in the UK, the stress of having uncertain immigration status can be hard on individuals and families. This is even more so when the initial asylum claim is as far back as 2007 or even before.
This is why our specialist Legacy lawyers maintain a high level of service to our immigration clients in order to have the cases dealt with as swiftly and smoothly as possible. They have solid experience dealing with the UKBA’s legacy team, the CRD. The following are some of the benefits of choosing Westkin Associates as your representative:
- We accept payment for Legacy cases in instalments
- We provide detailed representations - this is a legal argument individually prepared in your case that seeks to persuade the UKBA to deal with your case quickly and to grant ILR
- We separate each type of document separately and create an easy to read collection of documents which assists the UKBA to make a positive decision.
- We offer a specialist chase up service using email and telephone communication, to ensure our immigration clients get their ILR first and fastest.
Our advice to you is to choose an immigration firm to assist you in applying for Legacy as soon as possible as the UKBA plan to conclude all incomplete cases by summer 2011. Hopefully, Westkin Associates Immigration Lawyers London will be that choice.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Nationality
Naturalisation +
As well as assisting in Immigration matters, our leading Immigration lawyers also assist in Nationality applications. The majority of these are naturalisation matters, for other nationality categories, please click on the link.
Interested in naturalisation as a British citizen?
The requirements are set out, but there is considerable discretion in their actual application. Please contact even if you don’t qualify for these and we may be able to assist.
(a) You are should be over 18;
(b) You have resided in the UK for the last 5 years
(c) This is reduced to 3 years if you are married to or a civil partner of a British citizen
(d) If you or your husband, wife or civil partner is in crown or designated service outside the UK, you may also apply for naturalisation.
What are the other requirements for naturalisation under category (A)?
• You must be of sound mind;
• You must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK;
• You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree; – this is usually covered by the Life in the UK test.
• You must have sufficient knowledge of life in the UK.
• You must be of good character.
• You must meet the residential requirements (see below).
To demonstrate that you satisfy the residential requirements for naturalisation, you must have:
• been resident in the UK for at least five years (this is known as the residential qualifying period); and
• been present in the UK five years before the date of your application; and
• not spent more than 450 days outside the UK during the five-year period; and
• not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
• not been in breach of the Immigration Rules at any stage during the five-year period.
When does the residential qualifying period start?
• The residential qualifying period is calculated from the day when the Home Office receives your application. Most of the time applications fail because you were not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if the Home Office received your application on 25 March 2011, you must show that you were in the UK on 26 March 2006.
• If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period. If you were in the UK as a diplomat or as a member of visiting armed forces, or if you were in any place of detention, you are considered to have been exempt from immigration control during that time. This time is treated as absence from the UK when your application is assessed.
• You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.
• If you are free from immigration time restrictions, there will probably be a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay.
• The Home Office has the discretion to allow applications from people who do not meet this requirement.
How about European Economic Area nationals and Swiss nationals?
• If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.
• If you have been outside the UK for six months or more in any one of the five years of the residence period, you will have broken your residence. This does not apply if:
(a) the absence was due to military service; or
(b) all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.
• If you leave the UK for a continuous period of two years or more, you will lose your permanent residence status.
• If you have indefinite leave to remain (ILR) in the UK, you will be considered to be settled here provided that you have not been away for two years or more since you received ILR.
Please note:
You must have been in the UK legally throughout the residential qualifying period. The Home Office may refuse your naturalisation application if you have breached the immigration laws during that period.
Are you in Crown service?
If you have decided to apply for naturalisation on the basis of your work in Crown Service, you will be asked to meet these requirements below. You:
• are serving overseas in Crown service on the date when your application is received; and
• have been the holder of a responsible post overseas; and
• have given outstanding service, normally over a substantial period; and
• have a close connection with the UK.
Please note:
Crown service is an alternative only to the residence requirements for naturalisation. You must still meet the other requirements for naturalisation.
What are the requirements for naturalisation under category (B)?
• you are aged 18 or over; and
• you are of sound mind; and
• you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
• you have sufficient knowledge of life in the United Kingdom; and
• you are of good character; and
• you are the husband, wife or civil partner of a British citizen; and
• you meet the residential requirements; or
• your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.
What are the residential requirements for this category?
You must:
• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
• have been present in the United Kingdom three years before the date of your application; and
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
• have not been in breach of the immigration rules at any stage during the three-year period.
When does the residential qualifying period start?
• The residential qualifying period will be worked out from the day the Home Office receives your application. Most of the time, your applications fails because you were not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if the Home Office received your application on 25 March 2005, you would have to show that you were in the United Kingdom on 26 March 2002.
• You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period. If you are in the United Kingdom as a diplomat or as a member of visiting armed forces or if you are in any place of detention, you would be considered exempt from immigration control. This time would be treated as absence from the United Kingdom.
• You must be free from immigration time restrictions on the day you make your application.
What if you are a European Economic Area national or a Swiss national?
• If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.
• If you have been outside the United Kingdom for six months or more in any one of the five years of the residence period you will have broken your residence. This does not apply if:
(a) the absence was due to military service; or
(b) all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.
• If you leave the United Kingdom for a continuous period of two years or more you will lose your permanent residence status.
• If you have indefinite leave to remain (ILR) in the United Kingdom you will be considered settled providing you have not been away for two years or more since you received ILR.
Please Note:
You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.
If you came to the United Kingdom as an asylum applicant, you would be considered in breach of the immigration rules if your application for refugee status and any appeals were refused during the residential qualifying period. You would also be in breach of the immigration rules if you entered the United Kingdom illegally and obtained refugee status during the residential qualifying period.
Do you wish to apply on the grounds that your husband, wife or civil partner is in Crown Service?
You must:
• one the day you apply your husband, wife or civil partner is working outside the United Kingdom in crown or designated service; and
• your husband, wife or civil partner was recruited to that service in the United Kingdom; and
• your naturalisation would be in the interests of your husband’s. wife’s or civil partner’s employing organisation; and
• if you are in the United Kingdom on the day you apply you must not be subject to time restrictions; and
• you were not in breach of the United Kingdom immigration laws during the three years immediately before applying; and
• your marriage or civil partnership has lasted more than three years.
Please Note:
Marriage or civil partnership to a British citizen in crown or designated service is an alternative only to the residence requirements for naturalisation. You must still meet the other requirements for naturalisation.
What documents do you need to provide if you are applying under category (A)?
1. Evidence of your identity (provide one of the following):
• your passport; or
• your nationality identity card; or
• your Home Office travel document; or
• your Home Office entitlement card; or
• your Home Office application registration card; or
• your birth certificate; or
• your photo driving licence; or
• bank, building society or credit card statements issued to you in the last six months.
2. Evidence of knowledge of English and of life in the United Kingdom
If you are applying from within the United Kingdom, you should provide one of the following:
• your certificate of progression from one English for Speakers of Other Languages (ESOL) level to another, with a letter from the college confirming you completed an ESOL with citizenship course; or
• your letter confirming you have passed the life in the UK test, stamped and signed by the test supervisor; or
• your confirmation that you met this requirement in order to obtain settlement.
If you are applying from the Channel Islands or the Isle of Man,
You will need to pass a test similar to the Life in the UK test, or successfully complete an ESOL course that contains citizenship materials, before you apply for naturalisation. Tests taken on these islands are paper-based and consist of 25 questions, with six questions based on local information about the island where the test is being taken.
If you are overseas you cannot take the Life in the UK test. You will need to return here to take the test.
Please note:
You may be exempted from the requirement if you are over the age of 65, or have a serious physical or mental condition that would prevent you from meeting this requirement for the foreseeable future.
3. Documents required for applications made on the basis of residence in the United Kingdom
(a) Evidence of lawful residence during the residential qualifying period
• You should provide your passport. If you are unable to provide your passport, you will be asked to explain why on the application form.
• If you do not provide your passport, you should provide letters from employers, educational establishments or other government departments indicating your presence in the United Kingdom during the qualifying period.
• have the right of abode in the United Kingdom; or
• are a national of the Turkish Republic of Northern Cyprus or
• a national of Taiwan.
(b) Evidence that you are free from immigration time restrictions
• You should provide your passport showing permission to remain in the United Kingdom permanently; or a Home Office letter by which you were given permission to remain in the United Kingdom permanently.
If you came to the United Kingdom as an asylum seeker, you should provide:
• evidence that you were not in the United Kingdom without permission between exhausting your appeal rights and being granted indefinite leave to remain.
If you entered the United Kingdom before 1971 and were not put under immigration time restrictions you should provide:
• evidence of being freely landed as a Commonwealth citizen before 1971 or because you arrived as a child on your parent’s passport
4. Evidence required from European Economic Area and Swiss nationals
(a) Evidence of your nationality:
• your passport; or
• your nationality identity card.
(c) Evidence of exercising treaty rights for five years:
Evidence must show that the relevant five-year period is covered. You should provide:
• P60 tax certificates; or;
• an employer’s letter confirming employment; or
• a benefits letter confirming job seekers’ allowance claimed; or
• a benefits letter confirming incapacity benefit claimed; or
documentary evidence confirming pension received.
If you are self-employed/business person, you should provide:
• evidence from HM Revenue and Customs confirming you have paid tax over the relevant period.
If you are a student, you should provide:
• a letter from the educational establishment confirming that you were enrolled on a course of study throughout the qualifying period; and
• evidence that you have comprehensive sickness insurance cover for you and your accompanying family members.
If you are self-sufficient, you should provide:
• banks statements covering the qualifying period to show evidence of funds; and
• evidence that you have comprehensive sickness insurance cover for you and your accompanying family members.
If you are retired, you should provide:
• evidence that you are receiving a state pension.
If you have been unable to work due to ill health, you should provide:
• a doctor’s letter or medical report confirming you have been unable to work. The letter or report should state whether you are likely to be able to return to work.
What documents are you required to provide if you are applying under category (B)?
You should provide:
• your partner’s passport or birth certificate; and
• your marriage or civil partnership certificate.
If you are applying on the basis of crown service or on the basis of marriage to a British citizen in crown or designated service, you should provide a letter from the relevant employer confirming:
• the date and place of recruitment; and
• the position held; and
• the extent to which it would be in the employer’s interest for the application to be granted.
If you are self-employed and do not pay tax through Pay As You Earn (PAYE) arrangements, you should provide:
• the most recent HM Revenue and Customs self-assessment statement of account.
What is asked on a form AN (naturalisation application form)?
• Section 1 – personal information
• Section 2 – residence requirements
• Section 3 – good character
(You should complete this section as fully as possible. You must provide details of all criminal convictions including road traffic offences, but not fixed penalty notices unless they were given in court. Fixed penalty notices include parking and speeding offences. Drink driving offences must be declared. You do not need to provide details of any convictions which are ‘spent’. Information on how a conviction becomes spent can be found in the section on good character. You should provide details of any offence for which you may go to court are awaiting a hearing in court. This includes if you were arrested for an offence and are waiting to hear if you will be charged. If you are living in Scotland, all recent civil penalties must be declared. If you have had any involvement in terrorism you should declare it. You must also declare if you have been involved in any crimes in the course of armed conflict including crimes against humanity, war crimes or genocide.)
• Section 4 – crown service
• Section 5 – referees and identity
(Your application must include details of two referees. The referees should have known you personally for at least three years. One referee should be a person of any nationality who is of professional standing such as a doctor, minister of religion, civil servant or a member of a professional association such as an accountant or a solicitor. The other referee must be a holder of a British citizen passport and either a professional person or aged 25 years or over.
Both referees must be:
(a) not related to you; and
(b) not related to the other referee; and
(c) not your immigration solicitor or agent representing you with this application; and
(d) not employed by the Home Office.
If you are living outside the United Kingdom and do not know a British citizen who can act as a referee, a commonwealth citizen or citizen on the country in which you are living may sign the form provided:
■ he/she is of professional standing in that country; and
■ he/she has known you for three years; and
■ the British diplomatic post where you will be making your application considers his/her signature to be acceptable,
The referees must not have any unspent convictions.)
• Section 6 – declaration by applicant
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Other nationality types +
For more information, please contact our Nationality Team leader Shareena Rahman at 0207 569 3040, or email her at shareena.rahman@westkin.com
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Employer Services
Illegal Working Compliance +
As all immigration solicitors and lawyers can advise, an employer has legal requirement to ensure that all their employees has legal permission to work in the UK. This requirement is enforced by the UK Border Agency with increasing robustness, with publicised raids occurring on UK businesses.
How to employers avoid these fines?
A system of checks has been developed by the UKBA. If they are carried out then even if a staff member has no permission to work a fine can be avoided.
The checks can be complex. There are varieties of checks and combinations of documents that need to inspected, often depending on the immigration status and nationality of the employee.
Once an employer has checked the documents and the immigration status of all of their staff, they must ensure records are kept. It is important to record and retain the documentation, ideally on the premise where the staff works.
It is important to note that these checks, if carried out properly, cannot be used to migrants to bring a race discrimination case. This does not mean that employers should not take steps to ensure everyone is treated fairly.
All employees must be checked at equal intervals and in the same manner irrespective of their ethnicity or nationality.
Westkin have assisted hundreds of businesses and individuals in their immigration matters.
We provide a turnkey approach to all immigration matters and we also provide, through partners a complete employer service. We will tell what to do, and provide systems to do it.
What we do for you:
- • Initial assessment of current processes
• Immigration audits
• Document inspection and checking for all new hires, even before the job is offered;
• Bespoke and In House Seminars and training
Contact our leading immigration lawyers for an initial, friendly and no-obligation chat.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Civil Penalties +
We offer a unique service to employers to prevent them receiving civil penalties for employing illegal workers from the UKBA and to get the relevant penalty reduced if one is incurred.
The Immigration authorities introduced a civil penalty / fining system for employers who employ illegal workers in February 2008. This came about after a legal change under section 15 of the Immigration, Asylum and Nationality Act 2006.
It gives the UKBA the power to:
(a) Carry out enforcement and compliance visits (similar to without notice raids) find out if that an employer is employing illegal workers who do not have permission to work;
(b) If they discover any such illegal workers then they will immediately serve the employer with a document called notification of potential liability(NOPL). This lets the employer know that they are likely to be given a penalty by the immigration authorities.
(c) The UKBA civil penalty compliance team will then take a few weeks to consider evidence provided by the visiting officer or team, and will decide whether to issue the employer with a notification of liability (NOL) and a civil penalty of up to £10,000 for each illegal worker. This is a form of fine.
The employer can then choose to:
(a) pay the fine in full; or
(b) pay part of the fine and ask the Immigration team for permission to pay the civil penalty in monthly instalments; or
(c) instruct our leading immigration lawyers to submit an objection to the UKBA civil penalty compliance team against the immigration civil penalty; or
(d) lodge an appeal against the UKBA civil penalty to the County Court.
(e) the size of a civil penalty depends on many different factors. Our leading immigration lawyers have identified the following factors, the type of eligibility checks that the employer has made on its illegal workers, the number of times when the immigration authorities have issued a warning or imposed a civil penalty, and the extent to which the employer has cooperated with us the UKBA.
The civil penalty scheme sits alongside the criminal offence of knowingly employing an illegal migrant worker (section 21 of the Immigration, Asylum and Nationality Act 2006). This offence will be used in more serious cases where rogue employers knowingly and deliberately use illegal migrant workers, often for personal financial gain. It will carry a maximum custodial sentence of two years, and/or an unlimited fine.
If you need to contact our leading immigration lawyers, you can find the contact details on the right side of this page.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Employee vetting and advice +
As all UK immigration lawyers and solicitors can advise, the regulations relating to UK employment law can be strict. A new and worrying development in UK employment and immigration law is the introduction of civil penalties.
Any UK employer who has been found to have foreign or migrant workers in their establishment working illegally may be subject to a large fine – up to 10,000 per worker.
UK Employers need immigration lawyers, not only to resist and challenge fines once issues by the UKBA, but also require training before the event.
This is because there exists defence to the fine, even if the illegal worker was found to have no permission to work. An employer may have a defence if they can show that it undertook the correct checks of the employee’s immigration status documents using the method set out and prescribed by the Home Office.
Our Immigration Lawyers can provide detailed training on the nature of these checks as well as on practice and procedure used by the UKBA. We train all HR and directors for large and small business, from Corporation, to SME’s to Start-Ups. We ensure that their HR and personnel teams are trained to conduct the appropriate checks.
Our leading immigration lawyers have been providing good quality, common sense advice to businesses for years – please contact us to help with all aspects of immigration law and compliance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Sponsor Licenses
Tier 2 and 5 Sponsor Licenses +
What is a Sponsorship Licence ?
A sponsorship licence under Tier 2 and Tier 5 – allows employers to employ foreign and migrant workers. Immigration lawyers and solicitors can assist employers to get their licences.
The licence allows employers to be on the UKBA’s register of sponsors. This is a public list of all the employers and employing organisations that UKBA has licensed to employ foreign employees. Therefore if you are an employer who wants to employ workers and undertake a sponsorship role, you will need a sponsor licence.
The requirements for applying for a sponsor licence are relatively hard to get over – they fall into 3 major categories:
• 1. The employer will be asked to prove that they are a genuine business functioning under all relevant UK laws;
• 2. The sponsoring employer must show that provide no threat to immigration procedures and controls; and
• 3. The employer requesting a sponsor licence must also show that it can manage its employees and meet all of its prescribed sponsorship duties.
The licences are subject to a sponsor rating - this will be an ‘A rating’ for higher quality applications or a ‘B rating’.
Once a licence is obtained, the number of certificates to be issued (which is the number of employees to be employed) can be increased through application.
Our experienced immigration lawyers follow UKBA best practices to get efficient and smooth results for our business clients. We ensure that we get licences with certificates to allow for employees to be taken on instantly.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tier 4 Sponsor Licenses +
What is a Sponsorship Licence?
A sponsorship licence under Tier 4 – allows educational institutions to enrol foreign and migrant students. Immigration lawyers and solicitors can assist educational institutions to get their licences.
The licence allows educational institutions to be on the UKBA’s register of sponsors. This is a public list of all the educational institutions and enrolling organisations that UKBA has licensed to enrol foreign students. Therefore if you are an educational institution who wants to enrol students and undertake a sponsorship role, you will need a sponsor licence.
The requirements for applying for a sponsor licence are relatively hard to get over – they fall into 3 major categories:
• 1. The educational institution will be asked to prove that they are a genuine organisation functioning under all relevant UK laws;
• 2. The sponsoring educational institution must show that provide no threat to immigration procedures and controls; and
• 3. The educational institution requesting a sponsor licence must also show that it can manage its students and meet all of its prescribed sponsorship duties.
The licences are subject to a sponsor rating – this will be an ‘A rating’ for higher quality applications or a ‘B rating’.
Once a licence is obtained, the number of certificates to be issued (which is the number of students to be enrolled) can be increased through application.
Our experienced immigration lawyers follow UKBA best practices to get efficient and smooth results for our business clients. We ensure that we get licences with certificates to allow for students to be taken on instantly.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Human Rights +
Human Rights – Family Life
The government, on 2nd October 2000, allowed rights under the European Convention of Human Rights to become incorporated into UK law by the Human Rights Act.
This and other legal changes arising out of subsequent Immigration Acts mean that in Human Rights arguments can be raised in all appeals before Immigration Judges, not just Asylum appeals. The most commonly raised argument in Human Rights appeals is based upon family life that may be split if one member is removed from the United Kingdom.
These rights are provided for by Article 8 which states:
1 Everyone has the right to respect for his private and family life, his home and his correspondence.
2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
This is not a simple area of law and needs specialist advice. What we look to do in family life cases is:
The law in this area changes frequently and our experienced lawyers are on hand to counsel and represent clients to ensure best prospects of success.
Asylum and human rights are complex areas of law and legal representation is essential to obtain a successful outcome. A majority of applications are refused at the initial application stage by the Home Office and it is necessary to lodge an appeal which is heard initially by an immigration judge. It may also be possible to pursue applications to the High Court for Statutory Review or Judicial Review.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
UK Prospective Entrepreneurs +
The wording for the new UK Prospective Entrepreneur category is as follows:
“Prospective entrepreneurs”
Purpose
56n. This special Visitor route is to enable individuals who are at the time of applying for leave under this route in discussions with: (i) one or more registered venture capitalist firms regulated by the financial services authority, and/or(ii) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on the UK Trade & investment website, and/or(iii) one or more UK Government departments, to secure funding in order to join, set up or take over, and be actively involved in the running of, a business in the UK
Requirements for leave to enter as a Prospective entrepreneur
56o. The requirements to be met by a person seeking leave to enter the United Kingdom as a Prospective entrepreneur are that:
(a) The applicant must provide an original, signed letter on headed paper supporting the application from:
(i) one or more registered venture capitalist firms regulated by the financial services authority,
(ii) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on the UK Trade & investment website, or
(iii) one or more UK Government departments;
(b) The letter referred to in (a) must be dated no earlier than three months before the date of the application, be signed by an authorised official, and contain:
(i) a description of the nature of the individual(s) and/or organisation(s) supporting the application;
(ii) a description of the background and nature of the proposed business;
(iii) a description of the applicant’s suitability to be involved with the proposed business; 6
(iv) a commitment by the individual(s) and/or organisation(s) supporting the applicant to provide a minimum of £50k funding for the proposed business within 6 months of the applicant entering the UK. (if more than one individual and/or organisation is supporting the applicant, each amount proposed may be less than £50k, provided that the total amount is a minimum of £50k);
(v) a commitment by the individual(s) or organisation(s) supporting the applicant that the proposed business will be set up and run from the UK;
(vi) details of a contact name, telephone number and e-mail address for the individual(s) and/or organisation(s) supporting the applicant; and(vii) confirmation that the individual(s) and/or organisation(s) supporting the applicant is content to be contacted about the applicant;
(c) The applicant’s primary intention in applying as a Prospective entrepreneur is to secure funding in order to join, set up or take over, and be actively involved in the running of a business in the UK;
(d) The applicant intends to carry out one of the activities as listed in guidance published by the UK Border agency, specifying the activities that a Prospective entrepreneur may undertake during a visit to the UK;
(e) The applicant intends to leave the United Kingdom at the end of the period of the visit as stated by him, unless he makes a successful application for leave to remain as a Tier 1 (entrepreneur) Migrant before the end of the period of the visit;
(f) The applicant will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends;
(g) The applicant does not intend during his visit to:
(i) take employment in the United Kingdom;
(ii) produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public;
(iii) undertake a course of study;
(iv) marry or form a civil partnership, or to give notice of marriage or civil partnership; or
(v) receive private medical treatment.
(h) The applicant is not under the age of 18;
(i) The applicant is not in transit to a country outside the common travel area; and
(j) The applicant holds a valid United Kingdom entry clearance for entry in this capacity.leave to enter as a Prospective entrepreneur56P. a person seeking leave to enter to the United Kingdom as a Prospective entrepreneur may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the secretary of state is satisfied that each of the requirements of paragraph 56o is met.
You may contact our immigration lawyers for more information of Entrepreneur Visa application.
Amongst London’s immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Immigration to other countries
Australia +
Australian Immigration Law Specialist
Michael Jones is a qualified Australia immigration Lawyer assisting individuals and other professionals with all aspects of the law governing migration to Australia, Australian citizenship, work visas for people looking for jobs in Australia, appeals, deportation and visa cancellation. Specialist Accreditation is awarded by the Law Society of New South Wales. Specialists must have at least five years full-time practice, at least three years speciality work, and must pass rigorous exams in communication, problem solving, client service and the law.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
United States +
Whether you are a corporate client who wishes to transfer staff, an investor, or have a job offer in the United States, The Law Group may be able to assist you in acquiring a U.S. visa. Visit their website to get full details on their services.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Canada +
Goldman are a Canadian immigration law firm and recruiting agency set up in 1993. They are authorized by the Canadian and provincial governments to represent immigration clients. They pride themselves on providing live interation with experienced advisors rather than a simple computerised assessment.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tier 1 Appeals +
Points Based System Appeals, Tier 1, Tier 2 and Tier 4
Our leading Immigration Lawyers are experienced in winning immigration appeals before the Immigration Courts – known as the First Tier Tribunal (Immigration and Asylum) We have specialist teams who deal with Appeal cases. Our head of department, Amir Zaidi, was an Immigration Barrister for 10 years and has the experience of over a thousand immigration cases.
We take 100% of appeal cases. Guaranteed.
We undertake all appeals against Immigration refusals under the point based system. If the refusal is a non points based system case but is by the UKBA in the UK or by an Entry Clearance Post abroad, then please see our Immigration Appeals page
The points based system is the Immigration categories at Tier 1, Tier 2, Tier 4 and Tier 5. (Tier 3 is inactive).
I have received an Immigration Refusal. What do I do next?
The UKBA will have provided you with a reason for refusal letter. Please send this to us and we can look at it for you.
Our Immigration Appeal Lawyers offer a free appraisal service. After speaking to us on the telephone, we will invite you to send us a scanned copy of the refusal letter. We can then assess, free of charge, the decision and give you a formal assessment in the following ways:
Our Immigration Appeal Lawyers will give you a firm quote for the work. We do not adopt a fixed pricing strategy. We give an individual price for the amount of work we will actually do on your case. We will not overcharge or fit your appeal into a cheap pricing strategy.
We will give you an idea of how long the appeal will take to resolve at the First Tier Tribunal – Immigration and Asylum Chamber.
Our Immigration Appeal Lawyers will give you detailed information about your prospects of success at an Immigration Appeal, ie how likely it is you will be successful;
We pride ourselves on winning the unwinnable points based appeals!
Our Immigration Appeals team prides itself on 2 things:
1. Making every effort to win all our appeals by being the best Immigration Lawyers there are; and
2. Taking on the cases that no other lawyer will take and then winning them.
Working with the best specialist barristers we have developed a confident and focused approach to overturning decisions under Tier 1, Tier 2 and other points based system areas.
Unlike other firms, we only use barristers for our appeals and we only use the best barristers in the immigration field.
We aim to appeal and win.
All those applying under the Points Based System will have noticed the strict requirements of the immigration rules in this area.
Even those who qualify under the rules can find themselves refused further leave to remain just because they didn’t have the correct documents or correct wording on their evidence.
We can help.
If you have been refused an application under Tier 1, contact us immediately.
Why choose Westkin for your Immigration Appeal ?
We offer:
- Clear Pricing for Tier 1, Tier 2 and Tier 4 appeals.
Once we have spoken to you about your immigration appeal. We will provide you with a clear price that includes barrister’s costs. We will also provide you with a clear payment plan. You can then see whether our fees are right for you with no surprises.
- The best Immigration Appeal Advocates
We only work with barristers from specialist Chambers.
We will tell you in advance who will be representing you at court. We brief them in advance of the hearing and get their feedback in early. Where we can we will even help you choose the best barrister for you, using an online profile.
- 10 years experience in preparing appeals and winning them.
We do not pass our cases off to junior staff, who can practice on your case. Your caseworker will be experienced and we pride ourselves on our partner – led service.
Our head of Immigration Appeals Team, Amir Zaidi actually trains other lawyers in Immigration Appeals and is accredited by 4 different training companies! He has 10 years experience in running appeals as a caseworker and formerly as a barrister himself.
- Full guidance on preparing witness statements.
We think an appeal statement is crucial to getting your voice and case across to the Immigration Judge. We work in collaboration with you to get a statement that has the correct points but remains in your voice.
A good statement is the fastest way to turn a judge in your favour!
- Full preparation of court bundles.
We use our experience to ensure all the documents that are needed go to the Immigration Tribunal in a clear and focused format. We pride ourselves on the presentaton of our work.
Some examples of our appeal work include:
Maintenance
- Winning an appeal where the maintenance was held for less than 3 months.
- Winning an appeal where the maintenance was held in an account that was not in the client’s lawyers name.
- Winning an appeal where the maintenance was held in a bond account, rather than a savings account.
Previous Earnings
- Winning an appeal where the bank statements were sent incomplete.
- Winning an appeal where the clients did not qualify based upon promises that were made on the Home Office enquiry line.
- Winning an appeal where in order to provide the evidence, the qualifying period was changed.
We have taken on many more cases, we pride ourselves on finding ways of winning cases that nobody else will take.
Please call us today for a no cost, no obligation chat if you have an immigration appeal coming up or have just been refused.
Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Other Immigration Categories
Immigration Guidance Training
Visiting the United Kingdom
Administrative Review +
What is Administrative Review?
Here at Westkin Immigration Lawyers London, we often have clients who believe their application for entry clearance under the point-based system has been refused by the UKBA due to an error they made. In this situation, the client is not entitled to a full right of appeal. However the individual has the option of requesting a review of the refusal decision. This process is known as an Administrative Review. An example where Administrative Review may be required is to check if claimed points were assessed correctly. Our leading Immigration Lawyers have great experience in winning Administrative Review requests.
It is important to note that Administrative Reviews only apply to those outside of the UK who are trying to gain entry.
Applicants are entitled to an Administrative Review but it is important to note that there is a limited amount of days within which the request for it must be made. The request must be made within 28 days. This starts from the date the applicant receives a notice of refusal. An Administrative Review Request Notice is sent with the Refusal Notice. The Request Notice must be completed in full and sent off to the address on the notice. Applicants are not required to send other documents such as passports along with the Administrative Review Request Notice. Passports will only be requested if the refusal decision is changed.
Our Best Immigration Lawyers London advise clients to make the application within the 28 day period, in order to appeal the refusal using Administrative Review. However, if the application is received late by the UKBA, the administrative reviewer will take into consideration circumstances that are exceptional.
Applicants of an Administrative Review can only request one for each Points Based System refusal. It is only possible to have further applications if new grounds of refusal have been raised. The applicant can then request an Administrative Review of these new grounds of refusal. The Administrative review is conducted by an Entry Clearance Manager.
How Long Does The Administrative Review Take?
Upon receiving the Administrative Review Request Notice, the administrative reviewer will finalise their review and give notice of their decision in writing to the applicant within 28 days. A decision could be delayed if exceptional circumstances occur on the side of the administrative reviewer. The applicant will be notified of when to expect the decision in writing.
When reviewing an applicant’s Administrative Review request, a thorough examination of the evidence submitted with the original application will be done. New evidence may be required from the applicant or a third party. This will be related to the original entry clearance application. Our experienced immigration Lawyers London will make sure your request is dealt with as swift as possible.
How Are Administrative Review Decisions Made
All aspects of the refusal will be reviewed by the administrative reviewer not just the part of refusal that has been requested by the applicant. Some areas the administrator checks include:
· The correct amount of points have been awarded
· A correct assessment of documents
· A proper verification check has been carried out
The administrative reviewer may recommend a reversal of the refusal decision if they find that the ECO (Entry Clearance Officer):
· Did not consider evidence submitted with original application properly
· Made errors in processing the visa application
· Failed to apply Immigration Rules correctly
· Did not give sufficient reasons for refusing entry clearance. If this occurs, the administrative reviewer will recommend the ECO serve a new refusal notice including an explanation in full.
Administrative Review also covers refusal cases where an applicant claims they were unaware of the use of false documents or a false representation was made. The refusal will still stand but the applicant must prove they had no knowledge of the use of false documents or false representation, if they do not want future applications to be automatically refused for 10 years. Our Administrative Review Immigration Lawyers have vast experience in such cases and will assist clients in gathering the necessary documents needed to prove their case.
Possible Outcomes of Administrative Review
An Application for an Administrative Review has three possible outcomes:
1. Decision is upheld based on the same reasons
2. Decision is upheld with new reasons for refusal
3. Decision is overturned and entry clearance is issued
At Westkin, our aim is to make the third outcome the ONLY outcome. Our Immigration Lawyers are guaranteed to try their utmost to make this happen.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Colnbrook immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Harmondsworth immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Brook House immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Campsfield House immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Dover immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Larne House +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Morton Hall immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Tinsley House immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Yarl’s Wood immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Pennine House +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Lindholme immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Haslar immmigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Dungavel immigration removal centre +
Westkin are proud to have leading immigration lawyers with fantastic track records of getting our detained clients bail. Literally when no other lawyer or immigration solicitor could assist, our lawyers were able to obtain bail for clients.
Usually, when a client is detained , we take initial instructions from a friend or family member, in order to establish the facts. We then immediately contact the client – they are usually allowed to keep their mobile phones with them in detention.
After faxing the client a letter of authority form , which the client signs and returns, we are then recorded with the UKBA as the immigration lawyers on record.
We can then contact the Chief Immigration Officer or the officer in charge of the case and start negotiating for our client’s release.
In other circumstances, clients can make formal representations to the Chief Immigration Officer by writing.
If the UKBA really do not wish to grant the client immigration bail, then we can make an immigration bail application.
This is a bail application made to an immigration judge sitting in an immigration court. We prepare the following to ensure that our clients obtain bail:
1. Sureties to act as guarantors for the bail application;
2. Witnesses to support the application;
3. One of our leading advocates to present the case to the Immigration judge;
Our record of making the applications is strong and we are confident that we can provide excellent representation to anyone seeking to make a bail applicaition. Contact our top immigration lawyers for assistance.
London
W1H 5YN
United Kingdom
© 2011 Westkin - London Immigration Lawyers
Graduate Entrepreneurs +
The UKBA has recently introduced a new immigration route to ensure a route in the migration system for students who have developed world class innovative ideas and want to stay to develop their business in Britain.
The UKBA will introduce a new Tier 4 (Graduate Entrepreneur) scheme for those who have been identified by UK universities as having developed world class innovative ideas or entrepreneurial skills, but who are not yet in a position to meet the full requirements of the current Tier 1(Entrepreneur) route. This new scheme will allow them to develop their business in the UK as well as encouraging economic growth.
There follows a brief guide outlining how an individual qualifies for leave to remain in the United Kingdom as a Graduate Entrepreneur under the points based system. If you require more detailed advice about your application Westkin Associates will be delighted to assist you.
How the Visa Works
STAGE 1 – APPLYING LEAVE TO REMAIN IN THE UK AS A GRADUATE ENTREPRENEUR
Applicants will need to be in the UK and sponsored by the Higher Education Institution from which they have graduated.
For this reason, the UKBA has opened this scheme to all Higher Education Institution which are Highly Trusted Sponsors for the purpose of Tier 4 of the Points Based System.
The Higher Education Institutions must:
Have an established process for identifying, nurturing and developing entrepreneurs amongst their undergraduate and post graduate population;
Maintain contact with the migrant student and assess their progress at regular intervals (at least quarterly);
Inform the UKBA if the student migrants are no longer participating in the scheme
The UKBA will give Higher Education Institutions the freedom to decide how to best identify the strongest candidates, but there will be an overall limit of 1,000 places for the first year. This limit will be divided equally between participating Higher Education Institution.
Successful applicants will be granted leave for 12 months initially, which may be extended for a further 12 months, providing sponsoring Higher Education Institution is satisfied with the progress they have made.
STAGE 2 – IN THE UNITED KINGDOM – AFTER OBTAINING LEAVE TO REMAIN
Once the visa has been granted, the graduate entrepreneur is expected to meet the following requirements:
Spend majority of their time developing their business in the UK under the supervision of their Higher Education Institution sponsor; and
They may also undertake other work for up to 20 hours a week to support themselves.
They will be able to sponsor dependents provided they meet the Tier 1 maintenance requirements
Like Tier 1 (Post-Study Work), time in this category will not count towards the qualifying period for settlement in the UK.
STAGE 3 – NEXT STEPS
At the end of the second year in this category, the migrant must either switch into Tier 1 (Entrepreneur) or leave the UK.
The UKBA will lower the funds required to switch into the main Tier 1 (Entrepreneur) route for this group from £200,000 to £50,000.
Note that the UKBA will also lower this threshold to migrants who are currently in Tier 1 (Post-Study Work) and have established their own business in the UK.
How Westkin Can Help
For those who have substantial funds available, the Tier 1 (Entrepreneur) category is the best way to develop your business in the United Kingdom. In addition, the category does not restrict employment, consultancy, self-employment or indeed study at a State or private educational establishment.
Westkin undertake the entirety of the visa application process. We offer a complete service and guarantee that our visas are granted every time.
If you would like further information about the Leave to Remain in the United Kingdom as an entrepreneur or want to check whether this visa is the correct option for you please contact:
Amir Zaidi or Hateem Ali
Westkin Associates
24-25 Nutford Place
London
W1H 5YN
T: +44 (0) 20 7569 3040
F: +44 (0) 20 7900 6020
E: amir.zaidi@westkin.com
E: hateem.ali@westkin.com
www.westkin.com
