LEXVISA Weekly Immigration Update 25 August 2017

UK Visa and Immigration (UKVI) carried out numerous Immigration Enforcement operations across the UK last weekend, to ensure that landlords and employers are carrying out the mandatory Right to Rent and Right to Work Checks in order to prevent the exploitation of vulnerable migrants and control UK borders. LEXVISA is also pleased to announce the success of a Spouse Visa Application of one of our returning clients which granted her Further Leave to Remain in the UK as the Spouse of a British citizen. The Administrative Court has also recently updated its guidance on making an Immigration Judicial Review Application which sets out the complex and extensive number of general and personal considerations an Applicant must take before submitting and Immigration Judicial Review Application and highlights the serious costs consequences with failing to comply with the appropriate time limits and court procedures.

1.Immigration Enforcement Accelerated in the UK

It is essential that Right to Rent and Right to Work Checks are carried out by landlords and employers in the UK. Under the Immigration Act 2016, landlords, agents and employers who fail to conduct Right to Rent and Right to Work Checks may be seen to have committed a criminal offense under Section 39 Immigration Act 2016 and Section 34 Immigration Act 2016 and could find themselves in trouble with Immigration Enforcement.Whilst there is no specific way of carrying out a Right to Rent and Right to Work Check, the Home Office Policy Guidance provides useful information on how to conduct a Right to Rent and Right to Work Check. It is important that all the necessary checks are carried out prior to a tenant moving in or the employee starting work.

The Immigration Act 2016 makes clear that landlords, agents and employers will only be found guilty of a criminal offense if they knowingly rent a property to or employ a person who does not have valid UK Immigration Status. Employers must also be aware that failure to carry out Right to Work Checks may result in a fixed penalty fine of up to £20,000 per illegal migrant, as well as a 2 year prison sentence. Businesses could also suffer serious penalties such as a downgrading of their Tier 2 Sponsor Licence or even a withdrawal of their Tier 2 Sponsor Licence all together.

2.UK Visa Success Story: Spouse Visa Application Granted

Our client is an Indian national who was previously residing in the UK on a Tier 1 Entrepreneur Visa. Due to the Applicant’s Tier 1 Entrepreneur Visa expiring, our solicitors were given a short deadline in order to complete our comprehensive reviews of her documents and draft our legal representations. It is important that individuals who are making a Spouse Visa Application meet all of the necessary requirements under Appendix FM and Appendix FM-SE of the Immigration Rules. We also prepared and assisted the Applicant with the online application form and the financial requirements form. The Applicant opted for the same day priority visa service which allows Applicants to receive a decision on the same day.

It is possible for Applicants who are currently in the UK with valid leave to remain to switch to a Spouse Visa and submit an in-country application in order to do so, as long as they meet all of the requirements. If your Spouse Visa application is successful, you will be given leave to remain for a further 30 months, after which you can then apply for Indefinite Leave to Remain.

3.New Court Guidance on making an Immigration Judicial Review Application

An Immigration Judicial Review Application is a type of legal challenge whereby an individual can ask the High Court or Upper Tribunal to review the lawfulness of a decision, action or failure to act of a public body or government department, such as the Home Office. An Immigration Judicial Review Application should only be made as a last resort, where no other alternative remedy is available. It is important that an Immigration Judicial Review Application is submitted as soon as possible, or at the latest within 3 months of the date of the Home Office decision, so that your Immigration Judicial Review Application is able to be made.

There are 3 main stages for making an Immigration Judicial Review Application; the Pre-Action Stage, the Permission Stage and the Hearing Stage. If the Immigration Judicial Review Application is then successful, either a quashing order, prohibiting order, mandatory order, declaration or damages may be awarded as a type of relief. In most cases where no statutory right of appeal is given, the outcome of a successful Judicial Review Application is that the Applicant is granted a statutory right of appeal, which must then be perused in the Immigration Tribunal.

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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