LEXVISA Weekly update 17 November 2017

We started the week with some wonderful news that one of our Client’s EEA Residence Card Application had been successful. We then wrote an important article commenting on the current Immigration Appeal processing times and the unjustifiable delays by the Home Office. Lastly, we wrote about the UK Government’s decision in doubling the number of Tier 1 Exceptional Talent Visa offers from 1,000 to 2,000 as it recognises and welcomes overseas talent in the UK.

Success Story – EEA Residence Card Application

We started the week with some wonderful news of a successful EEA Residence Card Application. Our client was a Pakistani national who first entered the UK on a Tier 4 Student visa and then switched to the former Tier 1 High Skilled (General) Migrant visa. During his time in the UK, the Applicant had formed a relationship with an EEA national and wanted to now apply for an EEA Residence Card.  Those who are wishing to apply for EEA Residence Card in the UK will first need to satisfy the Home Office requirements which include:

  • Applicants must be from outside the European Economic Area (EEA);
  • Applicants must be able to demonstrate that they are a direct family member or extended family member of an EEA national;
  • The EEA national must be present in the UK exercising Treaty Rights;
  • In some circumstances, you can apply for an EEA Residence Card under the Retained Right of Residence or Surinder Singh route.

In order to submit a successful EEA Residence Card application as an extended family member of an EEA national, Applicants must be able to show that they are the unmarried partner or relative of the EEA national. Every application is considered in its individual circumstances; therefore, it is imperative the correct legal advice is sought prior to submitting any application.

UK Immigration Appeal process continues to be extensively delayed

Recent statistics show that the average UK Immigration Appeal time is currently 12 months. This shows a 13% increase when compared with last year’s statistics.  The excessive increase in processing times could be construed as a deterrent to persuade Applicants not to pursue an Immigration appeal. The increase in UK Immigration appeal processing times is extremely worry for Applicants as this means many people will be left without valid Immigration status and it is likely could interfere in family reunification applications or have a detrimental financial impact on business-related applications such as the Tier 1 Entrepreneur, Tier 1 Investor or Tier 2 Work visa applications.

In some circumstances, if the correct legal advice is sought from the outset it may be possible to persuade the Home Office to withdraw their original refusal decision. The Home Office has the power to withdraw their original refusal decision. This Power is usually exercised where a strong appeal is filed with persuasive Grounds of Appeal challenging the original refusal decision. In addition to this, political and media pressure can often help to get the Home Office to expedite their decision-making process and look into cases seriously. Our Solicitors and Barristers can assist you to get your case the right type of political and media pressure required to achieve a positive outcome.

The UK Government Announces easier Process for Tier 1 Exceptional Talent Tech Nation Visa Applications

The UK Tech Industry is one of the fastest growing industries in the UK and has been described as a “great British success story”. Huge amounts of money have been invested in Tech City UK, which has undeniably helped with its success and making the UK a market leader in the tech industry. It has been announced that the UK Government has decided to double the number of Tier 1 Exceptional Talent Visa offers from 1,000 to 2,000 as it recognises and welcomes overseas talent in the UK. It is believed that the increase of Tier 1 Exceptional Talent Visa offers will continue to support the UK Tech Industry and rival other internationally significant tech centres.

Further, on 25 August 2017, London’s Mayor Sadiq Khan appointed Theo Blackwell as the country’s first Chief Digital Officer, whose duties will include ensuring that London’s status as a global tech hub by transforming the way that public services are designed and delivered so that tech is more accessible and efficient for users. The Mayor has said that London is the “world’s leading ‘smart city’ with digital technology and data at the heart of making our capital a better place to live, work and visit”. This appointment of the UK’s first Chief Digital Offer and the increase in the number of Tier 1 Exceptional Talent Tech Nation Visa Applications that will be offered further highlights that the UK is serious about retaining its status in the tech industry which therefore indicates that there is no better time to make a Tier 1 Exceptional Talent Tech Nation Visa Application as the process has never been simpler.

Using Legal Representation to Submit a UK Visas and Immigration Application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application.

Caseworkers at the 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 UK Visas and Immigration application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules.

Successful UK Visas & Immigration 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 immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules.

We 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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful application. 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.

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

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