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Immigration Law

Immigration Solicitors in North London

A person’s ability to reside and work lawfully in the United Kingdom without fear affects almost every fabric of his/her daily life. Whether it is expertise in applications for you, your family or friends to enter or continue to remain in the UK, our Immigration Department has experienced solicitors who are able to advise and assist in all aspects of the UK Immigration & Nationality process. We boast of several years of experience between our solicitors and have a very high success rate in all our immigration cases. We do not consider any case to be too complex or hopeless. Our hallmark is our truthfulness and candour regarding what we are able or unable to do, and the prospects of your case. Due to our immense experience in immigration law, we are able to advise you immediately if there are any merits and prospects to your case.

With the constantly changing nature of Immigration Rules/Law and decided cases in immigration matters, our solicitors keep abreast of the changes and are able to give up to date information on the state of Immigration Law and how this is applicable to the success of your case.

We have well-resourced legal facilities and materials enabling us to render competent and efficient legal services in this area of law. We offer our services on a private fee-paying basis only. You will be advised of the costs involved in your process to enable you to adequately plan your funding.

We are able to make representations to the Home Office on the following basis:

 

  • Marriage / Spouse Visas, Family and Dependency, Unmarried Partners, Holiday, Skilled Worker Visas, Business/Investor, Students, Medical, Extension of Leave, any Leave to Enter, EU Settlement and Pre-Settlement Scheme
  • Appeals against refusal decisions, Legal Representation and advocacy before the Immigration Appellate Chambers – Tribunals, Appeals against decisions of the Tribunaland Higher Courts
  • Commencing Judicial Review Proceedings in the Upper Tribunal and the High Court.
  • Administrative Reviews
  • Naturalisation and Registration applications for Citizenship
  • All Entry Clearance applications
  • Bail applications for Immigration detainees

Immigration Services

UK Marriage or Spouse Visa

Bringing your partner, proposed partner or fiancé(e) to come or applying to stay in the United Kingdom is always a complex but achievable process. The UK Immigrations Rules set by the Home Office, list very specific requirements for each applicant to meet before being able to obtain or be granted entry clearance or leave to enter or remain in the UK. These are also subject to ongoing revision and changes. The main focus on these applications in particular are mainly the following,

 

  1. Relationship
  2. Accommodation
  3. Financial requirement or maintenance
  4. English Language Requirement

 

At Solomon Shepherd Solicitors Ltd we specialize in this area of immigration. We work closely with clients by explaining the specific requirements which need to be met, ensuring that the correct, accurate and necessary documentation is at hand, whether you are applying for a

 

  1. Marriage / Spouse Visa
  2. Settlement Application based on your partner – durable relationship
  3. Civil Partnership Visa
  4. Child application
  5. As a Parent or dependent relative

 

Our first step in the process is to understand your situation better. It is essential that you contact us to enable one of our experienced solicitors to advise you on how best to progress such an application. Although some of these applications may appear straightforward on the face of it, it is always prudent to obtain sound legal advice, even if you wish to submit the application yourself.

Entry Clearance

Whether or not you need to apply for entry clearance will depend on your nationality and the purpose of your visit to the United Kingdom. All visa nationals are required to obtain an entry clearance visa in a country outside of the UK in order to enter or pass through the United Kingdom. Non-visa nationals are allowed to enter the UK and entry clearance on a short-term basis. There are restrictions on what visitors are able to do. They are not able to engage in work in the UK, obtain public funds or use public services. At Solomon Shepherd Solicitors we are able to provide accurate immigration advice when you want to obtain a visa to enter the United Kingdom or the appropriate Visa to remain in the UK.

UK Visitor Visas

Visa and Non-Visa Nationals coming to the United Kingdom as general visitors are usually allowed to stay for up to six months and in most cases, are restricted from engaging in employment in the UK. There may be other restrictions imposed on your visa and therefore it is important you check before you travel.

 

  • Non-Visa Nationals can enter the UK without a visa but must satisfy the immigration officials at the border they are genuine visitors to the UK, comply with the restrictions attached to their visa and will leave the UK after their visit, usually not exceeding 6 months.

 

In this section, we will explain the various types of short-term visas and how to apply for them. If you intend staying for longer than six months you need to look at the residency or working in the UK sections of this website. This section explains and provides some answers to some questions as per below:

 

  • How you can come to the United Kingdom as a general visitor;
  • How you or your child can come to the United Kingdom as a child visitor;
  • How you can come to the United Kingdom as a business visitor.
  • Whether you can come to the United Kingdom for medical treatment;
  • How to sponsor a visitor;
  • How you can come to the United Kingdom to get married or register a civil partnership;
  • How to change your conditions of stay;
Family Visas

Ancestry Visas enable Commonwealth Nationals who have a Grandparent who was born in the UK, the Channel Islands or the Isle of Man to enter the UK for a period of five years.  Commonwealth Nationals with a Grandparent born in the Republic of Ireland prior to 31 March 1922 are also eligible to apply for a UK Ancestry Visa. We recognize that every case has its own merits and an Immigration Expert will assess all of the relevant information surrounding your Ancestry Visa. It’s very important that an expert covers every detail of your case because only then can they fully inform you of the best way to move your case forward.

Dependency Visas

A UK Dependency Visa is designed to allow applicants to join family members who are present and settled in the UK. This is dependent on your dependency on that family member. Other factors are taken into consideration when assessing this type of application. Please contact our Immigrations Solicitors who will be able to guide you through the requirements of this category.

Study Visas

This section will explain the various routes available and made simple by the point-based system. This route allows persons There is also information for those on the old student capacity.

 

Student

 

To apply for a Student for a Student visa to study in the UK if you’re 16 or over and you ought to:

  • Have been offered a place on a course by a licensed student sponsor
  • Have enough money to support yourself and pay for your course – the amount varies depending on your circumstances
  • Have passed the requisite speaking, reading, writing and understanding English language requirement
  • Have consent from your parents if you’re 16

You will have to submit this application from outside the UK , if you do not have a valid visa to live in the UK or hold a visit visa. The earliest you can apply for a visa is 6 months before you start your course and you will usually get a decision within 3 weeks of your application.

Applications can also be submitted from inside the UK if you have a valid right to remain in the UK in another category besides a visit visa. The earliest you can apply is 3 months before your course starts. You must apply before your current visa expires. Your new course must begin within 28 days of your current visa expiring and you will usually receive a decision within 8weeks.
Our immigration team will assess all of the relevant information surrounding your Student Visa and advice you on the best way to move your case forward.

 

An Immigration Expert will ensure that your paperwork is accurate and in order, as applications are determined on the paperwork submitted to the Home Office. A well-presented set of documents will strengthen and validate your Student Visa application even further.

 

Visit to study

 

In this section, there will be information regarding how to enter the United Kingdom as a student visitor and what the requirements are to apply under this category.

 

Visitors are not permitted to undertake a course of study without permission.

 

Visitors who intend to undertake a short course or period of study which will be completed within their stay may apply as a visit to study. This visa holder can only remain in the UK for a maximum of 6 months and cannot switch courses;

 

Short term Study Visa

 

These are visas which allow applicants to remain in the UK for a period more than 6months but less than eleven months.

 

Tier 4

 

A Tier 4 Student Visa is applicable to you if you have been accepted onto a course of study at a recognized UK educational institution (as defined by the Home Office ).

We at Solomon Shepherd recognize that every case has its own merits, and an Immigration Lawyer will assess all of the relevant information surrounding your Student Visa. It is very important that an expert covers every detail of your case because only then can they fully inform you of the best way to move your case forward.

 

Graduate Visa- Post Study

 

A Graduate visa gives you permission to stay in the UK for at least 2 years after successfully completing a course in the UK. You must be in the UK when you apply

You can apply for a Graduate visa if all of the following are true:

 

  • You’re in the UK
  • Your current visa is a Student visa or Tier 4 (General) student visa
  • You studied a UK bachelor’s degree, postgraduate degree or other eligible course for a minimum period of time with your Student visa or Tier 4 (General) student visa
  • Your education provider (such as your university or college) has told the Home Office you’ve successfully completed your course.

 

A Graduate visa lasts for 2 years. If you have a PHD or other doctoral qualification, it will last for 3 years. Your visa will start from the day your application is approved. You will not be successful if you have not completed your course of study. Please contact our Immigration Solicitors for assistance.

EU Settlement Scheme

Under European Settlement Scheme, the right of residence gives EU nationals the right to legally work and remain in the UK and gives the same rights to their close family members. At Solomon Shepherd Solicitors we recognize that every case has its own merits and an Immigration Expert will assess all of the relevant information surrounding your Appendix EU This Appendix sets out the basis on which an EU Citizen and their family members, and the family members of a qualifying British citizen, will, if they apply under it, be granted indefinite leave to enter or remain or limited leave to enter or remain.

It is very important that an expert covers every detail of your case because only then can they fully inform you of the best way to process your application. Our Solicitors will ensure that your paperwork is accurate and in order, as this will provide a solid backbone to your case. A well-presented set of documents will strengthen and validate your EU Settlement Scheme application. There are instances where you may not be able to re-submit your application if one application has been refused. It is therefore important that you get it right the first time.

Please find out from Solomon Shepherd Solicitors Ltd whether this applies to you, and if you satisfy the requirements.

UK Citizenship

UK Citizenship gives applicants who successfully obtain Citizenship status the same privileges as those born in Britain. You will hold British status, you will be granted a British Passport and you will be free to work and live in the UK without restrictions. You will also be required to attend a Citizenship ceremony. Depending on your current citizenship or nationality or lack of and your individual circumstances, you may be able to apply in several ways.

 

  • Naturalisation
  • Registration
  • Children
  • Stateless people

 

There are different requirements and documents which need to support your application for citizenship, depending on your current circumstances. Sometimes you may be exempt from producing some of the required documents. It is important to speak to Solomon Shepherd Solicitors, where we are able to take you through the process and advise you of the required documents.

Indefinite Leave To Remain

ILR: Long Residence Ten Years

The Long Residence route is for a person who has lived in the UK lawfully and continuously for 10 years or more. The person can count time with permission on most routes towards the 10-year qualifying period. There is no provision for dependents of a person on the Long Residence route to apply on this route. A person may apply for immediate settlement if they meet all the requirements for settlement or may apply for temporary permission to stay if they meet the suitability and qualifying period and continuous residence requirements but do not meet the English language or Knowledge of life in the UK requirement. This category now falls under Appendix Long Residence.

 

Before 2nd April 2007 it was not possible to grant limited leave to remain on the basis of long lawful residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added to the Immigration Rules to allow applicants to make application and to be granted an extension of limited leave to remain, if they met all the requirements for indefinite leave on the basis of long lawful residence except for the knowledge of language and life in the UK requirement.

 

If you have not passed Life in the UK Test to apply for ILR on the basis of 10 years long residence and you meet all other requirements to be eligible for ILR, you can then apply for extension of your stay on the basis of 10 years long residence. The extension of stay will be granted for two and half year’s period. There is also an English Language Test Requirement

Private Life

This applies to applications for permission to stay on the basis of private life and claims based on Article 8 (on the basis of private life) of the European Convention on Human Rights (ECHR).

 

  • Children under the age of 18 years who have at least 7 years continuous residence in the UK, and it is not reasonable for them to leave – children born in the UK who have at least 7 years continuous residence in the UK can apply for immediate settlement on the basis of private life. See the settlement guidance
  • A young adult aged 18 years and above and under 25 years who arrived in the UK as a child and has spent at least half their life in the UK
  • A person who is over 18 years of age who has spent at least 20 years in the UK
  • A person who is over 18 years of age, who has spent less than 20 years in the UK, but for whom there would be very significant obstacles to their return

 

Consideration under Article 8 of the ECHR where a person does not meet the eligibility or suitability requirement on the private life route
dependent children born in the UK to a person who has permission or is seeking permission on the private life route

 

Children can apply on their won or as part of a part of a family group. Children can be granted permission when that child meets the private life rules but also dependent child can qualify under the Family Life route under Appendix FM.

ILR: Human Rights

An application can be made to the Home Office on the grounds on a person’s human Rights. Most applications which fall under this heading are on the basis of Article 3 and Article 8 rights. Article 3 rights are predominantly engaged when dealing with Asylum claim. Article 8 Rights are a person’s right to Family and Private life.

Discretionary Leave

What is Discretionary Leave? If the Home Office does not recognise you as a refugee or a person who qualifies for humanitarian protection, the Home Office may give you another type of temporary permission to stay in the UK. This permission is called ‘discretionary leave to remain’. The Home Office will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, the Home Office will review your circumstances before deciding whether to give you further permission to stay. You will be able to apply for permanent residence. To extend your residence permit or apply for permanent residence, you will need to complete the relevant application form with supporting documents and representation.

Visa Appeals

Here at Solomon Shepherd, we have extensive experience in dealing with Immigration appeals against decisions made by an Entry Clearance Officers, Immigration Officers / caseworkers or Tribunal Judges We have a very high success rate of appeals which is due to expertise of our legal team who are all Solicitors and the assistance of Immigration Counsels with whom we obtain assistance in very difficult cases.

 

The appeal process can be expensive, and it is very important your case is properly prepared and you obtain good representation to be able to overturn the decision. Our expert Solicitors boast of several years’ experience and have handled a myriad of cases.

Visa Appeals: Entry Clearance

Appealing on a refusal of entry to the UK will depend on whether you have obtained an entry clearance or not. The Entry Clearance Officer or the Immigration Officer must provide a detailed written refusal notice, explaining their decision and whether you have appeal rights. The Home Office will usually not give you the right to appeal in visit visa applications. This can be challenged if the application engages your article 8 Rights even if you are refused the right of appeal.

 

Application for family visas usually attract a right of appeal and this will be detailed on the refusal letter

 

Non-Visa Nationals and those who travel without entry clearance, who are refused entry, may not have appeal rights and would be required to leave the UK and apply for an entry clearance in the country of residence before you try to travel to the United Kingdom again.

Visa Appeals: Refusal

Immigration Appeals following a refusal for Leave to Remain or Entry Clearance can be both stressful and daunting experience. When a visa is refused, we know how much stress and difficulty you are placed under at that particular moment.

 

The Immigration and Asylum Chambers hear appeals on asylum, immigration, and nationality matters. The role of the First-tier Tribunal is to hear and decide appeals against decisions made by the Home Office in the UK or at diplomatic posts abroad who can issue visas.

 

Here at Solomon Shepherd Solicitors, we peruse your Notice of Refusal, identifying the entire legal basis on which an appeal can be submitted. We draft the grounds / appeal skeleton arguments and lodge the appeal on your behalf. We collate the relevant documents, witness statements and prepare the trial bundle to be used at the hearing and provide representation and advocacy at the hearing.

 

We are proud to say that we have pooled together the wealth of experience and knowledge of our team and as a result, have developed an impressive track record in winning immigration appeals. We have also obtained outstanding results for clients following lodging an immigration appeal, without the matter actually reaching the Tribunal. Further, with many of those immigration appeals that actually proceed to a full appeal hearing, a large number of them are successful. This saves time and stress for the client and we work hard to front load immigration appeals so the other side has all of the facts very early on in the appeal process to review the decision. We believe this is good practice and place our client’s interest first.

Visa Appeals: Outside UK

If you are overseas and have applied for a UK visa which has been refused, you will have 28 days to appeal this decision from receipt, if you have been granted a right of appeal (depending on method of service). The appeal must be lodged before this date expires.

 

Immigration Appeals – Inside UK

 

From within the UK, depending on the nature of refusal, you normally have 10 working days to lodge an appeal to the Tribunal, if given the right of appeal.

 

The Benefits of Appealing an Immigration Decision:

 

  • An Immigration appeal avoids the need to lodge a fresh application which attracts a further fee. You will enjoy the ability to live and work in the UK with your loved ones.
  • If your immigration appeal is successful, you will be granted the relevant leave to enter/ leave to remain (in) the UK.
  • As our legal challenges are thoroughly and meticulously prepared, often our cases are settled early without the need to attend a hearing. This saves time, money and avoids the anxiety associated with Tribunal hearings.
  • Should the case proceed to a full hearing, we work very closely with some of the leading barristers in the UK to bring a successful and swift outcome to your case.
  • We will guide you and explain exactly what is required to win your case so you do not need to worry.

 

Our immigration appeals success rate is outstanding

Visa Appeals: How It Works

When you appeal, your case is heard by an Immigration Judge who is independent. If listed for an appeal and the case actually proceeds to hearing, arguments are heard from both sides. When heard orally, cases can be put forward fully. The client or sponsor (or both) have the chance to give live evidence before a judge.

 

Although pursuing an immigration appeal may be an option in certain circumstances, we will advise you as to whether an appeal or a fresh application, if possible and / or applicable, is best for you. Appeals are often an effective remedy as officers sometimes make mistakes when considering applications and make decisions which are inaccurate or irrational for example.

Visa Appeals: Judicial Review

The need for a Judicial Review occurs when an application for leave to remain or any other form of UK entry clearance has been refused. In the majority of cases there is no right to appeal against a refusal decision and the only option left available is to apply for a Judicial Review in the High Court. Solomon Shepherd Solicitors immigration team have years of experience in preparing and presenting Judicial review applications with vast knowledge and expertise of UK Immigration Law that can challenge Home Office decisions in the High Court.

 

Whatever your situation, our staff of UK Immigration Experts can assist you, giving you practical advice on whether to challenge your refusal by way of a Judicial Review or submit an Administrative Review. They can inform you of the possible outcome, the likely costs and other options by which you may appeal.

Sponsorship Licence

Where a company or institution struggles to recruit staff to meet the demands of their business, the Home Office has created avenues for employers to be able to recruit workers in skilled areas. This is called the skilled worker visa. For an employer to be able to sponsor an individual as a skilled worker, the employer or institution ought to have a sponsorship licence.

 

The process of obtaining the sponsorship licence can be time consuming and confusing. Our solicitors have extensive experience in assisting companies / employers apply for sponsorship licences. They assist with the preparation of the application and help you to collate the necessary documents for your sponsorship licence application. Please contact one of our solicitors for an initial discussion about your prospects.

Need help with any kind of legal issues? Contact us now.