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

Meet Shalini V Bhargava - UK Immigration Lawyer, Harrow

Exploring your way through the lawful procedure can be a confusing & an on anxious time. At Aschfords Law the ethos is to help customers by offering direction & listening to concerns while working towards the most ideal result.

Shalini, UK immigration lawyer Harrow, the organizer of Aschfords Law is a Solicitor with over ten years experience in private UK Immigration Law. She likewise has experience in Criminal & Family Law. Shalini is enthusiastic about doing the best for her customers & guarantees that each customer is catered for with the most ideal alternative & result. Shalini, was named in the Asian Who's Who 2011 in the U.K, & is likewise a consistent visitor on Zee TV Sky Channel 788 show in the U.K & Europe giving migration guidance to its viewers.

She has confidence in giving a legitimate administration that is straightforward & transparent & that achievement accompanies customer fulfillment. She is an individual from the Law Society of England & Wales.

The point of Aschfords Law is to offer the quality administration of a city firm, however with the individual methodology of a nearby firm. Customer fulfillment is imperative & Aschfords Law is extremely specific about giving customers the right guidance and helping them to spare cash if they can. It sounds self-evident, but on the other hand it's so imperative to treat individuals like people & not simply case file numbers.

As well as specialising in U.K Immigration, Aschfords Law additionally offers lawful exhort in Family Law , Wills and Probate and Landlord and Tenant question.

If you have lawful needs & need to manage a firm who have your best advantages on a fundamental level then get in touch with us today for an interview about your case.

For more information, visit: http://www.aschfordslaw.com/

Brexit: Should we stay or leave?

On 23 June 2016 the British electorate will be asked whether the UK should remain as a member of the European Union. The issue of Immigration will play a significant role in the decision.

The UK is part of a single market which provides for free movement of people, goods and services within the European Union. While there are numerous advantages to being part of the Union, it also brings certain responsibilities; Currently British citizens can work, stay or study in any member state which means that citizens of those states can also do the same in Britain.

Exiting the Union could result in the loss of millions of jobs, a higher cost of goods and the probability that the UK would have consent to both free movement and some form of EU budget contribution.

On the other hand many believe that leaving the EU will be beneficial in a number of ways, including more control over borders which will enhance security and Immigration oversight as well as relieve the pressure on the NHS.

Migration from the EU to the UK has significantly increased in the last 10 to 15 years. Net migration reached a record high in the year to June 2015. 180,000 of 336,000 migrants were from the EU, which is more than half.

The UK would first need to determine how to manage EU nationals currently exercising their treaty rights in the UK, as well as UK citizens residing in Europe. It is unlikely that sudden large deportations on both sides of the Channel would occur if we were to leave the EU as so many British citizens live across Europe. Therefore some sort of Immigration agreement would have to be reached if the U.K decides to leave.

Many feel politically more secure with better opportunities in the larger marketplace and they fear institutional racism will be kept in check with the highest court being offshore rather than in Britain.

Therefore there are many benefits and drawbacks to leaving the EU and if the UK does leave then many Immigration systems will have to change to allow for migration into the EU and into the UK for European citizens.

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

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

6 Reasons For Contesting Or Challenging The Validity Of A Will

Do you have any reason to Dispute the Validity of a Will or cause to Defend a Will?

When a loved one dies, it can be a very distressing and painful time, however these feelings can be deepened even more if a dispute emerges over the distribution of the deceased’s Estate. There are various other reasons why individuals would look to contest or defend a Will.

The most common reasons for challenging a Will may be:

• A Will was made under undue influence and changed close to someone’s death
• A Will did not reflect the true wishes of the deceased
• Claims for financial support as the Will did not make provisions for the needs of a Dependant of the deceased
• There is a dispute concerning the deceased mental capacity when making the Will
• Did the deceased understand the purpose for making a Will or was it done whilst in a vulnerable condition and suffering from age related conditions causing them confusion and memory loss
• Was the Will signed and witnessed correctly.

There are many more reasons for contesting or challenging the validity of a Will and it is always best to seek expert advice on whether you have a claim.

Aschfords Law are highly experienced in advising on all contentious and probate matters. Our Private Client team provide all clients with discreet and personal advice which is tailored to their own individual circumstances and requirements.

So if you wish to receive expert guidance on a possible claim or are about to make an application for Grant of Probate do not delay and contact Aschfords Law on 020 3586 4050 to talk with our master attorneys. You can likewise email to info@aschfordslaw.com.

Aschfords Law gives a legitimate administration that is honest and transparent. We attempt to spare cost and expense for the customer wherever conceivable.

Aschfords Law additionally gives lawful guidance and help with deference of matters concerning UK Immigration Law, Family, Wills and Probate solicitor London, Litigation, Conveyancing and Landlord and Tenant matters.

U.K Immigration Proposed Appeal Fee Increases

In April 2016, the Government made proposals to increase Immigration appeal fees by nearly five times what it is today. The purpose behind this proposal is to make the Immigration Tribunal entirely self-funded.

The fees for an appeal on paper at the First Tier Tribunal is proposed to increase from £80 to £490 and from £140 to £800 for an oral hearing. There is also a proposal to introduce a fee of £455 for an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

The proposal also includes fees for appeals to the Upper Tribunal with a fee of £350 for a permission application to the Upper Tribunal. If the appeal hearing goes ahead after permission is granted then another fee of £510 will be payable.

The suggested advantages of this proposal is that the number of appeals will decrease and the impact assessment assumes that there will be a 20% reduction in the number of appeals. However, many will be unable to afford the fees to appeal and thereby lose a great opportunity to battle their case. This would clearly not be in the interest of justice.

Even people appealing with an out of country right of appeal and who are not even present at the hearing will have to pay the higher fees.

If an appeal succeeds the Home Office will repay the appeal fee as is currently the case.

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. We also provide legal advice and assistance in respect of Family Law, Wills & Probate, Litigation, Landlord & Tenant.

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

6 Different Types of UK Citizenship and Nationality

Depending upon your present citizenship or nationality, you might have the capacity to apply in a few ways. We can likewise help you with your application for Naturalization to have the capacity to apply for a British visa.

The types of nationality are:

• British citizenship

• British abroad citizenship

• British abroad territories citizenship

• British national (abroad)

• British secured individual

• British subject

COMMONWEALTH CITIZENS

There are 54 nations that are members from the Commonwealth Nations. These are:

The Bahamas, Bangladesh, Antigua & Barbuda, Australia, Barbados, Belize, Botswana, Brunei, Dominica, Fiji, The Gambia, Cameroon, Canada, Grenada, Guyana, Kenya, Kiribati, India, Jamaica, Lesotho, Malawi, Malaysia, Mozambique, Namibia, Nauru, The Maldives, Malta, Mauritius, New Zealand, Papa New Guinea, Rwanda, St Lucia, St Vincent and the Grenadines, Samoa, Seychelles, Solomon Islands, South Africa,, Tanzania, Tonga, Trinidad & Tobago, Tuvalu, United Kingdom, Uganda, Vanuatu & Zambia, Nigeria, Pakistan, St Christopher & Nevis, Sierra Leone, Singapore, Sri Lanka, Swaziland.

You may have the privilege to residence in the UK if one of you guardians was still a district subject after 13 December 1982.

Moreover, if you are a lady who is an individual from a Commonwealth Nation and is or has been hitched to a British subject before 1 January 1983, you may have the privilege to residence in the UK. If you are an offspring of such a mother then you may have the privilege to homestead in the UK.

Moreover, there might be different ways accessible for a person who is an individual from a ward country and who has ancestral routes to the UK. If you don't mind get in touch with us, the UK Immigration Uxbridge, for direction and help on the abovementioned matters.

For more information, visit: http://www.aschfordslaw.com/settlement-and-british-citizenship.html

New Changes Proposed To The Fees For Visas

Every year there are many proposed changes to the Immigration rules that come into effect on the 6th of April. But this year for the first time the Home Office has increased the fees for various visa categories and at the same time these new fees have come into effect on the 18th of March.

The fees for many visa categories have been increased by approximately 2% for visit, study and work visas - the fees for further leave to remain applications have gone up to £811 from £649, but the good news is that the fees for spouse visa applications made in country remains the same at £649.

In the case of Tier 2 applications the good news is that the fees for the Tier 2 General shortage occupation have remained unchanged but the fees for the Tier 2 General Intra Company Transfer have been increased for both the short term and the long term categories.

The visit visa fees have gone up from £85 to £87 whereas the fees for settlement, residence and nationality have been increased by 25% fees for the settlement visa in the last year 2015 was £1500 and this year on the 18th of March 2016 the fees for all settlement applications have been increased to £1875 which is a very steep increase.

The fees for naturalisation applications has also gone up by £231 and is now £1236.

Targeted increases have also been applied to premium services, such as the priority visa service or the fast track postal service.

A new legislation will set maximum levels on the amounts for broad categories of fees that can be charged by the Home Office over the next 4 years. Although there are no current plans to raise fees to the maximum levels this increase will be introduced in the next few years.

According to the Home Office these increases will allow them to reduce taxpayer contributions towards the border, immigration and citizenship system and ensure that by 2019–2020 the system is self funded by those who use it.

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. We also provide legal advise and assistance in respect of Family Law, Wills & Probate, Litigation, Landlord & Tenant. Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com