A One Stop Notice may be served by the Home Office usually when a human rights claim has been made or in asylum claims and deportation cases. It is important that migrants who have been served with a One Stop Notice respond to it as soon as possible as the Home Office has an obligation to consider the grounds and matters which the migrant has raised. Our Immigration Solicitors in London specialise in human rights and deportation cases and are therefore familiar with and qualified to respond to One Stop Notices. Please do not hesitate to contact a member of our LEXVISA team to arrange a consultation with our solicitors in order to assess your case in more detail and how we can respond to the One Stop Notice.
What is a One Stop Notice?
A One Stop Notice gives the individual the opportunity to provide a statement setting out reasons for why they should remain in the UK (including being granted asylum or humanitarian protection). Under Section 120 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), the Secretary of State of the Home Department (“SSHD”) or an immigration officer may serve a One Stop Notice to a migrant in the following circumstances:
- Applicants who have made a protection or human rights claim; or
- Applicants who have made an application to enter or remain in the UK; or
- Where a decision to deport or remove has been or may be taken.
A One Stop Notice can also be issued in EEA claims under the EEA Regulations 2016.
It is the SSHD’s discretion to issue a One Stop Notice, however, it is common in the above circumstances. A deadline to respond may be given, however, even after this deadline has passed the migrant is still obligated to keep the Home Office updated and provide the SSHD with any new grounds or reasons for remaining in the UK. These points must be considered by the SSHD once they have been received. However, there can be consequences for making a late claim or not responding at all.
What happens if I don’t respond to the One Stop Notice?
Home Office policy guidance on Rights of Appeal refers to the consequences of making a late claim. It states that:
“Some people may make late human rights or protection claims that could have been made earlier. A person resisting removal may try and make a late claim because if they exercise their right of appeal it could delay removal.
The consequence of not complying with the notice and making a late claim could be that the claim is certified under section 96 of the Nationality, Immigration and Asylum Act 2002. This removes any subsequent right of appeal where the claim is refused….”
During an immigration appeal, Appellants may raise a new matter that had not previously been stated in the One Stop Notice; however, under Section 85 of the 2002 Act the Home Office would have to consent to the Tribunal to consider any new matters.
This can become a fairly complex area of the UK’s immigration laws and therefore Applicants are advised to contact a legal professional such as our Immigration Solicitors in London in order to ensure all deadlines are met and complied with under the relevant sections of the law.
Using our Immigration Solicitors in London to respond to a One Stop Notice
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 respond to a One Stop Notice.
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 Immigration application or appeal 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 response to a One Stop Notice meets the Immigration Rules.
Successfully respond to a One Stop Notice with our Immigration Solicitors in London
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 Immigration appeal before your matter even reaches the Home Office. We can assist you in responding to One Stop Notice.
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 successful UK Immigration applications and appeals. 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