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We were asked to assist a Ugandan national whose asylum claim had been refused and she was detained pending imminent removal.
Our immigration lawyers got in touch with UK Visas and Immigration. The client was subsequently released unconditionally and we lodged an appeal on her behalf.
The client’s claim is based on the fact that she is a lesbian and will be persecuted on the basis of her sexual identity if she is returned to Uganda. UK Visas and Immigration accepted that Uganda persecutes members of the LGBT community, however, they did not accept that our client was a member of that community. Our immigration lawyers are working to protect our client’s rights.
Undecided visa application
Our immigration lawyers were instructed by a national of Uganda who had applied for a visa to enable her to complete army training as a Commonwealth Citizen. However, the application had been pending for a few years without any decision having been made by UK Visas and Immigration. This was mainly because of a new policy introduced by the army which restricted recruitment of Commonwealth Citizens.
Our immigration team liaised with the client’s local MP who in turn was able to speak to UK Visas and Immigration as well as the local army recruitment centre with a view to reaching a resolution.
Our immigration lawyers assisted a London based client with an application for a permanent residence card.
The client had been working in the UK for over five years which meant that she had automatically acquired permanent residence. However, in order to obtain a British passport she first had to obtain a permanent residence card.
A London based student sought immigration advice from us to bring his wife to the UK.
The student was a British citizen and having recently married overseas, was only able to see his wife when he travelled to her country during holidays.
The main difficulty with his case was that his income was lower than the requirement specified by UKVI. As he was a student and did not have the time to take on additional work, he could not increase his income. Our immigration lawyers were able to assess his situation and provide a solution without compromising his studies.
We were instructed by a US national, who is engaged to a British citizen, in relation to obtaining indefinite leave to remain and British citizenship.
He also sought advice on US immigration law for his fiancée who wanted to have the option to work in the US in the future. As Pathfynder specialises in UK immigration law only, we collaborated with a US immigration law firm to deliver the advice required by the client’s fiancée.
Together, we were able to consider the two different immigration systems and put forward advice which complemented the client’s needs.
Tier 2 (General) visa for a fashion brand
Our immigration lawyers were contacted by a fashion brand with branches in London who was looking to sponsor one of their employees under Tier 2 (General).
We advised the client on the requirements for a Tier 2 (General) visa, including the Resident Labour Market Test, the appropriate salary rates and the procedure on obtaining a restricted certificate of sponsorship.
Often with applications of this type, there are many variables which could cause significant delay if one is not careful. Timing is therefore critical to ensure that there is least disruption to the business.
Permanent residence card
A European national who had been working in the UK for over 20 years sought advice from one of our immigration lawyers to help her obtain British citizenship. However, as she did not yet have a permanent residence card it was necessary to obtain a permanent residence card first.
Prior to 12 November 2015, it was not necessary to obtain a permanent residence card before applying for British citizenship. However, this route is no longer available and those seeking to obtain British citizenship must obtain a permanent residence card first.
An individual sought advice from our immigration solicitors in London in order to obtain a Tier 1 (Entrepreneur) visa in connection with an existing business.
We advised the client on the requirements to be met, in particular the requirement to have access to £200,000 which is held in a regulated financial institution and disposable in the UK.
We also advised the client that an applicant must have the intention and ability to set up, join or take over a business in the UK within six months as well as provide a business plan setting out how the business expects to succeed.
A British client sought advice from our immigration solicitors in London to bring his wife to the UK.
The client had been living and working in Ireland and he sought advice regarding the Surinder Singh principle which permits British citizens to benefit from the more lenient European Free Movement regulations when they want to bring their dependants to the UK.
We advised the client on the immigration requirements and in particular the centre of life test which enabled the client to consider how best to progress his case.
Examples of our work
Sponsor licence under Tier 2
Our immigration lawyers were instructed to guide a client in connection with the process of applying for a sponsorship licence under Tier 2 (General) to sponsor an overseas worker.
The client in question wanted to prepare the application and documents themselves. We were happy to provide advice and guidance as needed so that the client could prepare the application and submit it themselves.
Resettlement of refugees from Indonesia
We were asked by a client to advise on the possibility of resettling her sister’s family who were recognised as refugees by the United Nations High Commissioner for Refugees in Indonesia.
The client’s sister was originally from Afghanistan but was granted refuge in Indonesia along with her husband and children and her mother. However, due to the unstable status of refugees in Indonesia, they were seeking resettlement to the UK.
Our immigration team was able to advise the client and her sister on the UK’s resettlement program.
Permanent residence card for a Spanish national
Pathfynder was instructed by a Spanish national who wanted to apply for a permanent residence card on the basis of five years continuous employment in the UK. He also wanted to apply for British citizenship in due course and sought legal advice in relation to this.
Our immigration lawyers advised the client on the requirements to be met including the evidence required in support of his application for a permanent residence card. We also advised the client on the various questions he had regarding his supporting documents and the application process.
British citizenship for European national
A European national who had been living in the UK for over 20 years sought advice over whether to apply for a permanent residence card or British citizenship.
The client in question was living outside of London but sought us out for our expertise in this area of law.
Our expert immigration lawyers were able to review the client’s circumstances in detail and found that she was able to apply for British citizenship immediately and advised her on that basis.
Sections 40(2) and 40(3) of the British Nationality Act 1981 give the Home Office the power to deprive a person of British citizenship if it is conducive to the public good or if the registration or naturalisation as a British citizen was obtained by fraud, false representation or concealment of a material fact.
Although this power has been used sparingly by the Home Office in the past, there is potential for this power to be used to take away British citizenship in the coming years.
Our immigration lawyer was instructed to act on behalf of a client who sought advice on this topic.
We were instructed by a Chinese national who had been in the UK for three years on a Tier 1 (Investor) visa and was looking to extend her Tier 1 (Investor) status.
The client met with our immigration lawyers in London who advised her on the requirements to be met including the requirement to have invested at least £750,000 in UK governments bonds or UK companies. The remaining £250,000 had to have been maintained as well.
As the client had maintained the £250,000 as equity in a property she was living in, she could use that to extend her Tier 1 (Investor) visa.
We were instructed by a company based in London in connection with obtaining a Tier 2 (General) sponsorship licence in order to enable them to sponsor an overseas national.
The company was new to immigration law and the process of sponsorship so we advised them on the requirements to be met, the application process, the supporting documents and the costs.
As for the individual they wanted to sponsor, he was currently in the UK on a Tier 5 (Youth Mobility) visa. What this meant was that once the company had obtained their Tier 2 (General) sponsorship licence, he would have to apply for his visa from outside the UK.
Permanent residence card for an EEA student
A European national who had been studying in the UK for more than five years, sought advice from our immigration lawyers in London in order to obtain a permanent residence card and subsequently British citizenship.
Our immigration lawyers met with the client and advised him on the requirements to be met by European nationals who are in the UK as students, in particular the requirement to have comprehensive health insurance.
Our immigration lawyers also advised the client on the requirements to be met for naturalisation as a British citizen with particular emphasis on the absence requirements.
Following the UK’s referendum on 23 June 2016 on whether to leave the EU, our immigration lawyers received a number of enquiries from European nationals regarding their and their family members’ rights to reside in the UK.
One such enquiry involved the American wife of a European national, both of whom had been living in London for more than five years. The husband had been in the UK as a worker initially but later became self-
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Indefinite leave to enter for the child of a British citizen
Pathfynder was instructed by a British Citizen who was looking to relocate to the UK from South Africa with her child. The client had applied for a British passport for her child but this was refused by the Home Office because the client was not able to pass on British citizenship to her child. This was because the client had a form of British Citizen which was not capable of being transmitted to her daughter.
As the client was looking to commence work in the UK, she could not leave her daughter behind. Our immigration lawyers advised the client on her daughter’s eligibility for indefinite leave to enter under of part 8 of the Immigration Rules which concerns the children of those being admitted for settlement in the UK.
Visiting the UK to receive private medical treatment
Our immigration team was contacted by a citizen of Nepal who wanted to apply for a visit visa which would enable him to obtain private medical treatment in the UK.
The Standard Visitor visa category does allow overseas nationals to come to the UK for the purpose of obtaining private medical treatment. However, the rules do require the treatment to have been arranged before individuals travel to the UK. Those looking to benefit from these provisions of the rules would also have to provide evidence to UK Visas and Immigration stating what the medical condition is, what the estimated costs are and what the likely duration of the treatment will be amongst other things.
We were also able to advise the client on other circumstances which might enable him to receive treatment in the UK.
A Tier 1 (Investor) who had been living in the UK for five years instructed our immigration lawyers to assist them with an application for indefinite leave to remain.
One complexity in the case was that the client had spent significant amounts of time outside the UK. As a result, he could not meet the continuous residence requirement for Tier 1 (Investor) applicants.
Our immigration lawyers were able to come up with a solution which helped the client to progress his case.
We were instructed in January to assist a client with an application for a Tier 1 (Entrepreneur) visa based on a new business venture in London.
Our immigration lawyers were able to quickly assess the client’s needs, advise the client on the requirements to be met and put in motion a plan of action to progress the matter.
As part of the process, we weighed up a number of different business ideas the client had and advised them of the likelihood of them meeting requirements of the Immigration Rules and being successful with their visa application.
Our immigration lawyers were contacted by a US national who had his application for entry clearance as the spouse of a British citizen refused
The client’s wife was living and working in London and they wanted to live together in London. As such, they decided to appeal the decision to refuse their application.
There have been a great number of spouse visa applications refused in recent years on varying grounds, thereby preventing British citizens from enjoying their right to family life. We understand the distress caused by such an artificial separation and the difficult decisions that couples are then having to face.
Entry clearance as spouse of a British citizen
Pathfynder was contacted by a British citizen who was looking to bring her fiancé to the UK on a spouse visa.
The client met with our immigration lawyers in London and we advised her of the various options available to them including the fiancé visa, marriage visa and the spouse visa.
We also discussed the unmarried partner visa with the client but as they had lived together for less than two years, this was unlikely to be successful.
As we are dealing with a few applications of this type, our immigration lawyers advised her of the common pitfalls.
A client and his family who were granted Discretionary Leave had accumulated 6 years’ residence in the UK and now sought advice from our immigration lawyers in London to obtain indefinite leave to remain.
We met with the client in London and advised him on the requirements to be met, the documents needed in support of the applications and how we could assist him and his family with the applications.
After we obtained the completed forms and the supporting documents, we submitted these to UKVI together with our legal submissions and we are now awaiting a decision.
A London based client sought immigration advice to bring his elderly mother to the UK as his dependant.
The adult dependent relative visa category allows British citizens and a few others to bring their elderly dependent parents to the UK. However, since 2012, the requirements that need to be met under this category have become much tougher.
In light of the above, our immigration lawyers considered the options available to the individual and as it was apparent that his mother would not be able to satisfy the criteria to enter as an adult dependent relative, we were able to advise him on alternative options to bring his mother to the UK.
On 30 October 2017, we will be hosting a seminar on Tier 2 visas and sponsorship issues for UK employers. For more information and to book your ticket, please click here.
© Pathfynder Limited 2017. Pathfynder Solicitors is a trading name of Pathfynder Limited, a company registered in England and Wales with company registration number 10170947. The registered address is King House, 5-
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