10 Points To Consider When Thinking Of Litigating

• Do you have a good case?

• Have you made a final demand in connection with your dispute?

• Have you tried to settle the dispute by compromise?

• Will you be able to collect a judgment if you win?

• Do you have the money to pay a lawyer to handle the lawsuit?

• Do you have the time and resources to devote to a lawsuit?

• Are you within the applicable "statute of limitations"?

• where will you be able to sue jurisdiction?

• Is your claim small enough to bring in "small claims" or "High court”?

• If you bring your claim in small claims or high court, will you represent yourself? - Get some legal advice and guidance to it.

If you require a solicitor for assistance with any of the matters whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law, Wills & Probate, Litigation, Landlord & Tenant and UK immigration lawyer Uxbridge.

Please contact us today on +44 (0) 7582932830 or visit our website on, www.aschfordslaw.com

When Is It Reasonable To Remove A Child Resident In The U.K For Seven Years Or More?

A new Immigration rule was introduced in 2012 which stated that if a foreign child had resided in the UK for at least 7 years & it was not reasonable to expect the child to relocate, they would be permitted to stay in the UK. It implied that the child’s parents would also be allowed to stay to look after the child.

The rules were similar if the child was British and it was not reasonable to expect the child to relocate with their foreign national parent.

Section 117B(6) of the Immigration Act 2014 reinforced this rule and stated that a person with a genuine and subsisting parental relationship with a child who had lived in the UK for 7 years or more or is British will be permitted to remain in the UK if it would unreasonable to expect the child to relocate.

In the recent case of MA (Pakistan) the Immigration Judge was of the view that in considering such cases significant weight should be given to the fact that a child has resided in the UK for 7 years and that there would have to be very good reasons for departing from this viewpoint and leave not to be granted.

At paragraph 46 of the judgment the Judge has stated the following:

…...the fact that a child has been here for seven years must be given significant weight when carrying out the proportionality exercise.……..After such a period of time the child will have put down roots & developed social, cultural & educational links in the UK such that it is likely to be highly disruptive if the child is required to leave the UK.

He goes on to say that “as a starting point that leave should be granted unless there are powerful reasons to the contrary” if the child has resided in the UK for seven years or more.

This case provides a good base for a more child centred approach to Immigration cases affecting children.

If you need a U.K immigration lawyer & need help 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. We also provide legal advice and assistance in respect of Family Law London, Family Solicitors Harrow, Wills & Probate, Litigation, Landlord & Tenant.

Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com