Gurkha Immigration

We are providing Gurkha Immigration free help to people groups who are considering to prepare and submitting visa applications for uncertain leave to enter in the UK.

Aschfordslaw Memories:

Aschfordslaw, a renowned firm with Immigration lawyer London, took this incredible picture while celebrating contribution of Sikh Regiment to the British Army at British Army Campus.

Immigration Lawyer London

Aschfordslaw

A very effective and memorable picture taken in a meet in Wembley, London.

Immigration Lawyer London

A Live show on Zee TV Sky Channel was held and the topic to discuss was

Latest Development on UK Immigration Law.

UK Immigration Lawyer

Brexit - EEA Nationals: The Impact On Your Immigration Status

It is not clear exactly when the Brexit will occur but many EEA nationals will be anxious about their Immigration status. As of now it is unclear as to when and what changes will occur in relation to migration between Europe and the UK. However, nothing is going to change for at least 2 years as there is still a lot of negotiation to be done between the countries.

As a European national you can be in the UK without holding any documents to confirm your Immigration status in the UK. If you have obtained a residence card or permanent residence to show your right to remain in the UK it is unlikely that the brexit will affect you. However, the brexit brings with it much uncertainty about the future of EEA nationals without any documentation to confirm their Immigration status. Therefore if you have resided in the UK for more than 5 years and have been exercising treaty rights then it may be a good idea to apply for permanent residence. Once you have obtained permanent residence then you would need to wait a year before you are eligible to apply for naturalisation.

Judicial Review Fees: Recently it has been announced that the fees for the permission stage of Judicial Review applications will be rising by 10%. To apply for permission to make an application for Judicial Review the fee has increased from £140 to £154. The fees have also increased for an application to reconsider a refusal of a permission application and also for proceeding to a full hearing if permission has been granted from £350 to £385.00.

Landlord and employer checks: For a long time it has been illegal to both employ or rent a property to someone who is subject to immigration control. However, recently the Home Office have become extremely strict on this requirement, landlords and employers are expected to complete right to rent and right to work checks. If employers and landlords do not follow the procedures then they risk facing a penalty which could be a fine but could now also result in imprisonment if they are found to have employed someone without any legal status in the UK.

Increase in application fees: Since the 18th of March this year, there has been a substantial increase in most application fees to the Home Office. An example would be the fee for applications for Indefinite Leave to Remain which has gone up by £375 from £1500 to £1875 or the fee for further leave to remain applications which has gone up from £649 to £811.

English Language: Since November 2015 there has been a major change to the rules on which English Language tests meet the requirement for Home Office purposes. Now only two English language test providers; Trinity College London and Cambridge English Language Assessment are accepted by the Home Office. Furthermore, all English Language tests have been given a validity of only two years. However, in certain circumstances you may still be able to utilise the test certificate which you provided in a previous application. This is applicable in a spouse extension application if you had previously completed a test at the required A1 level.

Recent Case Law on Elderly Dependant Visas: There is some positive news at this end. There has been a recent case in which the applicant won under Article 8 of the Human Rights Act 1998.

If you require a UK immigration lawyer Uxbridge for assistance with any of the matters above or 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

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