Monday 24 November 2014

Aschfords Law Managing Partner and Immigration Solicitor Shalini V Bhargava discusses the Immigration Law on Zee Companion 0n 3rd September 2014


Aschfords Law Managing Partner and Immigration Solicitor Shalini V Bhargava discusses the Immigration Law on Zee Companion  0n 3rd September 2014

Aschfords Law  Managing Partner and  Immigration Solicitor  Shalini V Bhargava appeared on Zee Companion on the 3rd September 2014 to discuss the ever changing U.K immigration rules and its impact on appeal rights of visitor visa applications for relatives, settlement issues for parents and spouses coming to the UK.
Shalini V Bhargava also discussed the recent court decision maintaining the earnings threshold for those seeking to bring their spouse to the UK and further challenges to this decision.

Shalini answered viewers calls on the live show and discussed various topics raised by callers, including visitor visa applications for relatives and marriage applications. She also discussed coming to the UK to establish a business and settlement issues for parents.

Shalini explained that visa applications need to be prepared thoroughly ensuring that all supporting documents are provided to ensure a greater chance of approval and success.
Shalini advised to seek professional legal advice so that applicants know their rights to avoid stress and unnecessary cost of a refusal.

Shalini  talked about her experience on the program; “It was a great experience to be invited by Zee Companion as a guest speaker as part of the channel’s weekly legal session. The live calls  enabled me to discuss viewers immigration issues and share an insight of how the law relating to immigration operates from a practical perspective”.



Zee Companion is a Live show “by the people and for the people”. Viewers can call in to discuss their problems or issues faced, share any causes they are passionate about, discuss any topics that interest them and can also get guidance from a panel of renowned experts. Presented in an “interesting and engaging manner”, Zee Companion is a live and interactive show screened on weekdays from 1.30 pm and in a half hour show at 6.30 pm with a guest.

Shalini  appeared as part of the channel’s programme Immigration A to Z.
If you need a U.K immigration lawyer and need assistance with any aspect of UK immigration law whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London.
Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com

Friday 21 November 2014

U.K Immigration Law

U.K immigration law is constantly changing. On 5th July 2013, the High Court placed a hold on decisions made on U.K spouse visa applications that failed to meet the minimum income threshold. This was due to its ruling stating that the income threshold was unjust and disproportionate. However, currently in July 2014, the Court of Appeal upheld the lawfulness of the minimum income requirement for spouses/partners with children applying in the family route, leaving much disappointed to spouses who are left apart.


Noting that ‘The policy aim behind income requirement was to safeguard the economic wellbeing of the country’, the decision was based on the case of, MM V Secretary of State for the Home Department (2014), which challenged the minimum threshold requirement for spouses  who wish to enter in the United Kingdom. Acknowledging that the Immigration laws were passed in June 2014, MP, Theresa May, wanted to ensure that the U.K immigration rules would be fairer on British Citizens, nevertheless, the case points out that were was very little act placed on spouse visas.

The outcome of the decision was led by Lord Justice Maurice Kay confirming that the policy does not create a breach of Article 8 ECHR. Lord Aikens expands this further, via his leading judgement, stating that, ‘The Secretary of State is under a common law duty not to promulgate an immigration rule that is discriminatory, manifestly unjust, made in bad faith or involves such oppressive or gratuitous interference with the rights of those subject to them as could find no justification in the minds of reasonable men.’

Further commentary has been placed on the rights of British citizens to the extent that the Immigration Act 1971 does not grant a constitutional right for them to reside in the UK with their spouse, of who are not given the right to reside in the UK.

‘There is nothing in the 1971 Act or the common law that grants a “constitutional right” of British citizens to live in the UK with non-EEA partners who do not have the right of abode in the UK and who are currently living outside the UK.’
                    
With a finalised outcome, the 4000  immigration applications that are currently on hold, will now receive a decision. Nevertheless, a possibility that the appeal being made to the Supreme Court will be held but may take many months till a decision has been made.

If you need a U.K immigration lawyer and need assistance to bring your spouse to the U.K from outside the U.K please contact Shalini V Bhargava of Aschfords Law in Harrow, London. Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com