LEXVISA Weekly Immigration Update 11 August 2017

It is important to understand the Pros and Cons of a UK Immigration Asylum Appeal and whether or not this is the best option for you. The Brexit Divorce Bill has been heavily discussed in the news recently, as the uncertainty for EU workers in the UK and the businesses who employ them is forever growing, with little reassurance from the UK Government. We also provided a guidance relating to UK Immigration Appeal Costs and how and when it is appropriate to claim them. LEXVISA is also delighted to announce the success of an Entry Clearance Fiancee Visa application that we prepared and submitted, despite several complexities of the case.   

1.UK Immigration Asylum Appeal: The Pros and Cons

An Immigration Asylum Appeal is made to the Upper Tribunal and Applications are given either an in country right of appeal or an out of country right of appeal. This can however be a lengthy process, and it currently takes the Home Office approximately 44 weeks to determine an outcome of an Immigration Asylum Appeal. In addition to the significant time costs, Immigration Asylum Appeals can also come at a great monetary expense.

The main benefit of making an Immigration Asylum Appeal is to overturn the Home Office decision and ensure that it give you no adverse immigration history , however it is important to note that no new evidence may be submitted during an Immigration Asylum Appeal and in some circumstances it may be more appropriate to make a fresh application. Therefore it is essential to seek professional legal advice from our specialist immigration solicitors when considering your immigration options.

2.Despite the Brexit Divorce Bill, is it Business as Usual in the UK?

Brexit negotiations are in full swing and Home Secretary Amber Rudd has recently stated “we will ensure we continue to attract those who benefit us economically, socially and culturally”. Understandably this has caused a great deal of uncertainty with regard to EEA workers in the UK. The UK ranks as the most desirable place to work in the world, ahead of the US, Canada and Australia. The EU wants to ensure that EEA nationals in the UK can continue to enjoy the full range of rights and privileges that they are currently entitled to.

Post-Brexit, it is likely that EEA workers looking to come to the UK will be subject to a Points Based model, similar to that for non-EU migrants. Moreover, any EEA national who is able to demonstrate 5 years continuous residence in the UK is able to apply for Permanent Residence. Alternatively, if an EEA national has less than 5 years continuous residence, they can apply for a Registration Certificate which proves the right to reside and exercise Treaty Rights in the UK. However, this may change as a result of the Brexit Divorce Bill.

3.The Right to Recover Immigration Appeal Costs

Until 20 October 2014, the First Tier Tribunal (FtT) was unable to award costs, however since the introduction of the Immigration Tribunal Procedure Rules 2014, the FtT is able to exercise its power of Rule 9 and grant Immigration Appeal Costs. Either a fee award or wasted costs may be awarded by the FtT. The subsequent Cancino judgement emphasises that the jurisdiction to make a wasted costs order is directed to:

  1.  Has the legal representative of whom the complaint is made acted improperly, unreasonably or negligently?
  2.  If so, did such conduct cause the applicant to incur unnecessary costs?
  3. If so, is it in all the circumstances of the case just to order the legal representative to compensate the applicant for the whole or any part of the relevant costs?

You can apply for an Immigration Appeal Cost by way of an oral application at the hearing, or you can submit a written application. This can be made at any time during the proceedings, but must be 28 days after the Tribunal has sent its decision.

4.UK Visa Success Story: Entry Clearance Fiancee Visa Granted

A Fiancee Visa allows non-EEA migrants to enter the UK in order to marry their partner who is a British citizen, present and settled in the UK. Applicants who are granted the Fiancee Visa will be granted 6 months Entry Clearance to the UK, during this time they must get married. Following this, the Applicant must then apply for a Spouse Visa, which may be made from within the UK.

Our Solicitors faced a number of challenges with this case as the client had a previous refusal and a dismissed appeal. The client also gave us a short time frame as she had already begun preparations for her wedding. However, our Immigration Team worked meticulously and efficiently to create a strong application, which resulted in the Entry Clearance Fiancee Visa being granted.

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 a UK Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the UK Immigration Rules.

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 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 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 Home Office UK 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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