Kings Cross Barristers has enormous expertise in a wide range of applications, appeals and judicial review applications relating to immigration and asylum law. Immigration and Asylum law is one of the most technically complicated areas of law, with rapid changes effecting the criteria for success. The United Kingdom Visas and Immigration (UKVI) agency will often reject applications without a right of appeal if just one technicality has not been fulfilled, which has an enormous impact of individual’s lives. Having an expert immigration barrister when applying for a visa, appealing against a rejection, or a tribunal decision at the First Tier Tribunal or Upper Tribunal can be the difference between success and failure. Amongst our areas of expertise as immigration lawyers London in immigration and asylum law are:
EEA European Residence and Permanent Residence
Nationals of the European Economic Area (EEA) are eligible for residence in the United Kingdom based on the EEA Regulations. In addition, the EEA Regulations contain provisions relating to family members and extended family members. The Regulations also contain provisions relating to Permanent Residence. The criteria for each application are complex and require specific documentation to be provided in any application. Our immigration and asylum law barrister has significant expertise in making such applications and representing at appeals at the First Tier Tribunal and Upper Tribunal.
Points Based System
The Points Based System was introduced in the UK in 2008 and provides routes for foreign nationals to work and reside in the UK in several different categories. This includes Tier 1 (Entrepreneur), Tier 1 (Graduate Entrepreneur), Tier 1 (Investor), Tier 1 (Exceptional Talent) visas, Tier 2 visas including General, Minister of Religion, Sports and Creative Workers and Intra Company Transfer visas, Tier 4 Student Visas and Tier 5 Temporary Workers and Youth Mobility.
Success under the Points Based System will depend upon the provision of specified evidence and points scoring in relevant categories such as those relating to relevant qualifications, income, future expected earnings, sponsorship, English language skills, available maintenance. If the specified evidence is not provided with the application, the application will be refused, often with no right of appeal. Whilst applicants will be given the right to an Administrative Review, applicants will not be permitted to supply further evidence beyond the rejection date. It is therefore vital that the Applicant provides all the relevant evidence at the outset. Our special immigration law barrister can ensure that you meet all the criteria at the outset to ensure a successful application.
In order to obtain leave to remain in the UK for a spouse, it is necessary to fulfil the requirements under Appendix FM of the Immigration Rules. This required fulfilment of the criteria relating to income, maintenance, accommodation and a demonstrating the relationship is genuine and subsisting. Our immigration law barrister has successful made many applications for spouse visas and has in-depth experience of representing individuals at the First-Tier Tribunal and Upper Tribunal to challenge refusals when individuals have made an application for a spouse visa without the use of an immigration lawyer.
Tier 1 Entrepreneur Visas
The Tier 1 Entrepreneur and Investor Visas categories are intended for entrepreneurs who aspire to set up or take over an existing business in the UK. The visa will allow the applicant to reside in the UK and be employed in the business they are involved with. Successful applicants are granted with 36 months of initial leave to remain in the UK. The Entrepreneur visa criteria require the applicant to access to at least £200,000. However, under certain circumstances this can be £50,000. The initial leave to remain can be extended by two years if the applicant demonstrates that they have invested the funds in their business and created at least two full-time positions that existed for at least 12 months. Applicants must also meet the Genuine Entrepreneur test in which they demonstrate the credibility of their business. This may involve being called for an interview.
Our immigration barristers London has successfully challenged many refusals of entrepreneur visas by way of Administrative Review and Judicial Review. Due to the complexity of the issues, we highly recommend instructing an expert barrister to ensure that your application is successful.
In order to employ individuals from outside the UK or the EEA, it is necessary for an employer to obtain a Sponsorship License to then recruit individuals on a Tier 2 work visa. Our immigration law barrister can assist with the initial application in order to obtain this license which requires provision of specified evidence regarding the Resident Labour Market Test, demonstration that there is a need for recruitment of foreign nationals, compliance with the minimum income threshold and several other criteria. In addition, if your Sponsorship License has been suspended or revoked, our immigration law barrister can advise and make representations to ensure that your license is maintained.
Asylum and Refugee Law
The UK is obliged under international law to provide protection to individuals facing a real risk of persecution in their country of origin. The process for seeking such protection is to apply for asylum. Upon making such an application an individual is invited for a Screening Interview followed by a full Asylum Interview in which a representative of the UKVI will ask questions relating to the basis for the individual’s fear of persecution. Our immigration and asylum law barrister has vast experience in providing advice, representation and advocacy to individual’s applying for refugee status in the UK including attendance to interview, preparing witness statements, instructing experts, representing at First-Tier Tribunals and Upper Tribunals.
Foreign nationals who have committed serious criminal convictions may be liable to automatic deportation. This can be a hugely stressful period as individuals may be separated from friends and family members and forcibly relocated to a country that have not lived in for many years. A recent Supreme Court case may restore the right of appeal against such deportation with the prospect of an immigration judge at the First Tier Tribunal overturning a decision to deport. Alternatively, there may be a possibility of challenging a deportation order by applying for judicial review. Our immigration and asylum law barrister can provide advice, representation and advocacy in challenging deportation decisions.
Individuals seeking to study in the UK must apply for a Tier 4 Student visa upon gaining admission to a UK educational institution and obtaining a Certificate of Sponsorship. The requirements for obtaining a Tier 4 student visa include providing a CoS, having adequate maintenance and funds to cover the cost of tuition and passing the ‘genuine student’ test. If an application is refused, the remedy is often to apply for judicial review to challenge the negative determination Our immigration and asylum law barrister can provide advice to individuals who have been refused a Tier 4 student visa and prepare judicial review representations to challenge the refusal.
Nationals of many non EEA countries are required to apply for a visitor visa to come to the UK whether as a tourist or to visit a family member. The right of appeal against a refusal has been withdrawn meaning that it is important to ensure that such application are made correctly in the first place. Alternatively, if a refusal is unlawful there may be a possibility of challenging and overturning the decision by way of judicial review. A right of appeal is currently limited to arguing that a decision is incompatible with the European Convention on Human Rights which is not the same as appealing against the immigration decision. Our immigration law barrister can advise at all stages of the process of obtaining a visitor visa to come to the UK.
The UK is signatory to the European Convention on Human Rights which currently has direct effect in the UK by virtue of the Human Rights Act 1998. This means that the government must comply with the article of the convention which includes a right to respect for family and private life, a prohibition on torture, ill and degrading treatment and right to liberty. In many immigration decision made by the UKVI there may be an argument that the decision is in breach of the Human Rights Act 1998 providing an avenue for the decision to be challenged either by way of appeal to the First Tier Tribunal, Upper Tribunal or way of judicial review. Our immigration and asylum law barrister can provide advice on whether or not a decision made relating to you is in breach of the Human Rights Act and provide representation in order to challenge the decision.