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Complex Immigration Cases

There are various options available to you depending on what went wrong. The Home Office will only reconsider cases in certain limited scenarios.

Immigration Application rejected?

It may be possible to identify a flawed consideration if the Home Office have overlooked aspects of the application. We are experts in knowing when a reconsideration application, appeal or judicial review is the best way forward. There are highly technical Rules on admissibility of evidence in Points Based System cases, and a constantly changing matrix of case law and statutory provision in cases where a person wishes to remain here because of their private and family life, which may include their business and professional interests where a person’s life is closely integrated into the fabric of the United Kingdom.

Leave to Remain in the UK curtailed?

If the Home Office or Immigration Service believe that your circumstances have changed or information comes to their attention causing to question your last grant of leave, then they may curtail or cancel your leave to enter or remain. In this situation you need fast, expert and pragmatic advice on what to do next. We are experts in knowing when a reconsideration application, appeal or judicial review is the best way forward.

UK Immigration Sponsor licences

We all know how important your license is to the smooth running of any business, college or university that relies on foreign national workers or students from outside the European Union. But the smallest difficulty in your paperwork can become magnified to business-threatening proportions if a decision maker takes a harsh view of your case.

If you are an educational establishment or employer that is having difficulties with your licence, we have the expertise in determining whether you have a good case to challenge the suspension or revocation (or threat of the same) of a licence - whether its support in negotiations or outright litigation that you seek. We have expertise in construing Home Office policy statements against the principles of natural justice and fairness, and we can give you fast, pragmatic advice on whether there are arguments available which will bring real benefits to you. We can even pursue injunctions which can temporarily reverse suspensions of licenses pending further legal proceedings.

Turkish Association Agreement cases

Turkish nationals enjoy special benefits not available to others if they want to set up or continue in business in the United Kingdom, because of agreements made with Turkey many years ago that effectively froze the ability of other European countries to restrict immigration controls on businesspeople beyond those in place at the time the country in question joined the European Community. This means that applications have to be assessed against relatively simple criteria that look to whether the business is a viable financial proposition.

We can give you specialist advice on making the most of these opportunities. 

In practice, whether you are applying for entry clearance or leave to remain, you may find that your business plans are derailed because the Home Office decision maker or an Entry Clearance Officer conducts an informal management consultancy exercise in which they criticise your market research, ability to recall details of the business plan at interview, fact-finding investigations into the business’s viability and assessment of the competition. Sometimes applicants are criticised for being in “disguised employment” rather than truly being entrepreneurs in their own right.

Direct Access UK Immigration Barristers

For high quality legal services and a bespoke immigration strategy, contact our team of expert immigration barristers.

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