LEXVISA Weekly Immigration Update 22 September 2017

Applicants in exceptional circumstances may be eligible for the Home Office Fee Waiver, providing that they meet the eligibility requirements. We also recently received the wonderful news of a successful Administrative Review Application which we prepared and submitted for one of our clients, despite there being complexities in the case. In addition, we also discussed the decision of AS v Secretary of State for the Home Department – Deportation Order Appeal Case and the integration test in respect of any “very significant obstacles” to the Applicant’s integration into the country of which he is being deported to. It is important to seek specialist advice in order to understand the Home Office Immigration Rules.

1.Applying to the Home Office for a Home Office Fee Waiver on UK Visas and Immigration Applications

There are exceptional circumstances which mean that it is unlawful for the Secretary of State to charge a fee for Human Rights applications where the Applicant cannot afford the Home Office application fee. Only Human Rights claims which fall into a small number of UK Visas and Immigration applications. Applicants will have to demonstrate that they satisfy at least one of the three Home Office Fee Waiver Criteria and the burden is on the Applicant to provide up to date documents in evidence of this. To confirm whether you qualify for the Home Office Fee Waiver, it is strongly recommended that you contact our specialist immigration team who can book you in for a consultation with our immigration solicitors and barristers who can guide you through the complex Home Office Immigration Rules.

2.Success Story: Successful Administrative Review Application

Before instructing our firm, the Applicant had applied to extend his Leave to Remain in the UK under the EECA Turkish Business Person Visa. The application was refused on the basis that he had breached his visa conditions and therefore instructed us to prepare an Administrative Review Application.

An Administrative Review Application can be made to challenge a Home Office decision on the basis of Home Office case working errors, and no new evidence may be submitted to support an Administrative Review Application. It is not uncommon for Applicants to confuse an Administrative Review Application with an Appeal Application, which does allow for new evidence to be submitted. A Home Office decision needs to be deemed as ‘eligible’ in order for the Applicant to proceed with making an Administrative Review Application, and if this is not the case, then an Immigration Judicial Review Claim may be sought as a last resort.

3.Deportation Order Appeal Case Update: Court of Appeal rules that the Public Interest in Deporting a Foreign National Criminal was not Outweighed under the New Integration Test

In the case of AS v SSHD – Deportation Order Appeal Case, it was held that the Applicant’s deportation was not outweighed on the basis that it was not accepted that the Applicant would face “very significant obstacles” in his integration to his country of nationality. The main challenge in regard to the case of AS v SSHD was the application of the integration test and the Court of Appeal’s decision emphasised that the integration test under the new Home Office Immigration Rules is widely applied based on ‘generic’ factors.

In drawing a distinction between the old rules on lack or loss of ties to the country of removal and the new applicable test on whether there were “very significant obstacles” to the Applicant’s integration to the country of removal. It is clear that challenging a Deportation Order is hugely complex and difficult and that in order to outweigh the public interest in preventing the deportation of an Applicant, a detailed analysis needs to be made by our highly qualified Immigration lawyers.

Using Legal Representation to Submit a UK Visa Application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules.

Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules.

Successfully Submit a UK Visa Application

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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