Immigration

 

The Immigration Team at Platts Solicitors provides legal advice and representation across the full range of immigration law. Our experienced team will take a practical and common sense approach to all aspects of your case.

Our team is available to provide immediate legal assistance 24 hours a day 7 days a week.

We understand how difficult immigration matters can be and are committed to fighting on your behalf. Our experienced team will help you prepare your application and will advise you every step of the way. We will ensure that you understand what is happening throughout the process.

Whatever your situation we will help you deal with the complex immigration laws and regulations in order to obtain the right result for you.

If you are a migrant seeking a visa to work in the UK or to visit loved ones Platts Solicitors has the expertise, knowledge and experience of immigration law to guide you through.

 

We offer advice and representation for the following cases:

  • Imminent deportation

  • Individuals seeking asylum in the UK

  • Immigration bail applications

  • Immigration appeals

  • Human Rights cases

  • Further leave to remain applications

  • Business visas

  • Student visas

  • European migration law

     

What Fees and Costs are involved?

Immigration applications and appeals do involve a variety of expenses. These range from the cost of making an application or appeal through to legal representation if required. We will make all fees clear to you at the start of your case. In most cases we are able to offer clients a fixed fee for our immigration law advice so you will know from the first interview how much your case will cost you.

 

BUSINESS IMMIGRATION

At Platt’s Solicitors we have specialist immigration lawyers that can make a successful visa application to either work, invest and/or study in the UK. Contact us for a free initial consultant and expert advice on the following visas:

Start-up Visa (formerly a Tier 2 general work visa)

Start-up visa replaced the Tier 1 Graduate Entrepreneur visa category. It is aimed at businesspersons seeking to establish a business in the UK. The person wishing to enter the UK through the startup visa must have an innovative, viable and scalable business idea. They must also be able to provide an endorsement letter from a Home Office approved endorsing body.

A successful application allows a person leave to remain for 2 years but does not lead directly to settlement in the UK. However, a start-up migrant can progress into the innovator visa category which in turn allows them to make a settlement application after 3 years.

 

Global Talent Visa (formerly known as Tier 1 exceptional talent visa)

This visa category is aimed at individuals who wish to work in the UK and who are highly skilled world leaders or have potential world-leading talent in the field of science and the arts.

A great advantage to this visa is that it allows the individual to work freely for almost any employer, run their own business or be self-employed. Before applying to come to the UK under this visa, applicants must first ask to be endorsed by a recognised designed competent body. This is done by submitting a Home Office application in one of the specified fields permitted under this visa.

A successful application allows a person under the Global Talen visa to live and work in the UK for up to 5 years at a time.

 

Tier 2 Minister of Religion Visa

To apply under the Minister of Religion visa, an individual must have been offered a job such as missionary or minister of religion, within a faith community organisation based in the UK.

The applicant will need to be employed by a licensed sponsor to apply and live in the UK.

A successful application will allow a person to come to the UK on a minister of religion visa (T2) for a maximum period of 3 years and 1 month, or for the time endorsed on their certificate of sponsorship plus 14 days, whichever is shorter.

 

Student Visa (replaced the Tier 4 (General) student visa)

An application to study in the UK can be made if you have been offered a place on a course by a licensed student sponsor and if you can speak, read, write and understand English and have enough money to support yourself whilst in the UK and pay for your own course.

How long you can stay depends on the length of the course and what study you have already completed. For a degree level course, you can usually stay in the UK for up to 5 years and for a below degree level course you can usually stay for up to 2 years.

 

Sponsorship Licence

To sponsor foreign workers or students to come to the UK, a sponsor licence must first be obtained. From 01 January 2021 you also need a sponsor licence to employ EEA and Swiss citizens coming to the UK to work.

To get a sponsor licence, your business needs to be eligible, you will need to decide the type of licence you want to apply for and who will manage the sponsorship within your business.

If your application is successful, you will be provided with a licence rating which is valid for 4 years. As a sponsor you will then be able to issue certificate of sponsorships for suitable jobs.

 

PERSONAL IMMIGRATION

At Platts Solicitors we can assist with your personal immigration application. Our Immigration experts can consider your individual circumstances and guide you through the complex process of obtaining entry, leave to remain in the UK or even becoming a British Citizen.

 

Family Visa Applications

A British Citizen or a person with the right to live in the UK, may want to bring their spouse, partner, dependent children, parents, or other family members to join them in the UK. In all those cases an application for a family visa will need to be submitted to the Home Office.

If you are already in the UK, you can apply to extend your stay for leave to remain with your family member.  An application to remain in the UK must be submitted before your current visa expires.

Note: if you wish to visit the UK for 6 months or less, a Standard Visitor visa or marriage Visitor Visa should be submitted.

The Immigration rules and meeting the requirements for family visa can be complex. Therefore, our dedicated immigration team can help you understand which type of route is best suited to your individual circumstances and help you submit a successful application.

 

Settlement Application

A settlement application (also known as indefinite leave to remain (ILR)) can be applied for through several routes having completed a qualifying period of residence in the UK. 

A successful settlement application allows a person to stay in the UK without any time restrictions. A person with ILR is free to take up employment, engage in business, be self-employment, or study. They can enter the UK without any restrictions. However, an ILR status can lapse where the holder has stayed outside the UK for a long continuous period.

A settled status in the UK is required for a person to obtain naturalization or registration as a British citizen.

 

EEA Settlement Applications

Since Brexit, the rules have changed for those living and working in the UK and who have nationality of another EU country. Many such individuals have dual nationality with a third country. As part of the Brexit agreement with the European Union, the British Government agreed rules for European citizens who already were in the UK, including those with family abroad and who were genuinely dependent upon their EU citizen family members already in the UK.

This is yet another area of very technical immigration law where Platts can give specialist advice on a private fee basis, along with other legal status-related headaches caused by Brexit and the changed relationship between the UK and the European Union.  The Brexit transition period started immediately after the UK left the EU on 31 January 2020.

If you are an EEA national who has completed a period of residence in the UK in excess of five years, you should apply to obtain settled status (permanent residence) under the EU Settlement Scheme.

A EEA national (or a family member):

If you are an EEA national is eligible for settled status then your children under the age of 21 or dependent will also qualify for settled status, without having to complete a five-year period of residence in the UK, and regardless of their nationality.

For expert legal advice please contact Platts Solicitors on 0161 834 3114 or 0161 626 4955, out of hours number 07977 40 20 20.

 

British Citizenship

A non-British adult can become a British Citizen through a process called Naturalisation. The criteria are set out in the British Nationality Act 1981.  There are 5 basic requirements to apply for British citizenship through Naturalisation that most candidates must meet. These are as follows:

  • Be over 18 years of age.
  • Be of “good character”. Generally, this means not having committed any serious criminal offences and or immigration fraud.
  • Be currently living in the UK
  • Meet the English language requirements
  • Pass the “Life in the UK” test

Once an application is granted the applicant is given a Certificate of Naturalisation, after which they can apply for a British passport.

 

Appeals

A decision on your application will usually be made on a notice letter confirming whether you have been granted a visa or not. If you receive a refusal notice, then the letter will also inform you if you have a right to appeal the decision or not.

If your application was made from within the UK, you will be given 14 working days to submit your appeal and if your application was submitted from outside the UK you will be given 28 days to submit the appeal.

We can assist you to successfully challenge a refusal decision and weight up the strength and weaknesses of your individual circumstances of your case.

 

Asylum

If you are seeking asylum it is important that you obtain legal advice from lawyers that experts in this area, at Platts solicitors we will provide active advice each step of the way to obtain the best chance of a successful outcome. Asylum is claimed by someone who has fled their home country or is unable to return due to fear of persecution. This right is provided under the 1951 Refugee Convention.

This persecution must be because on:

  • Your race
  • Your religion
  • Your nationality
  • Your political opinion
  • Anything else that puts you at risk because of the social, cultural, religious or political situation in your country, for example, your gender, gender identity or sexual orientation

You will have to be able to demonstrate that you have failed to get protection from authorities in your own country.

It is best to apply for asylum as soon as you arrive in the UK or as soon as you feel it would be unsafe for you to return to your own country. The longer you wait to claim asylum the harder it gets to make a successful application.

Once you have applied for asylum, you will go through the process of screening with an immigration officer and then an asylum interview with a caseworker.

To be granted refugee status in the UK you must be unable to live safely in any part of your own country because you fear for your life there.

Your family members such as your partner and dependent children under 18 can be included in your application if they are with you in the UK.

Contact Platts Solicitors on 0161 834 3114 or 0161 626 4955 to assist you with your asylum claim and help you remain safely in the UK under the rights you are entitled to.

 

Visitor Visa

A visit visa application is often submitted for a short stay in the UK. If a visit visa is granted it allows a person to stay in the UK for up to 6 months.

A standard visit visa allows a person to enter the UK for the following reasons:

  • spend time with friends and family
  • take a holiday
  • do a recreational course of up to 30 days, for example a dance course
  • volunteer for up to 30 days with a registered charity
  • take part in a school exchange program

An applicant must be able to demonstrate that that they are genuinely seeking to enter the UK for the purpose of a visit. They must be able to satisfy the Home Office that they intent to leave the UK at the end of their proposed stay. The applicant will also have to meet the financial requirement proving they have sufficient funds to maintain and accommodate themselves with recourse to public funds.

What Fees and Costs are involved?

Immigration applications and appeals do involve a variety of expenses. These range from the cost of making an application or appeal through to legal representation if required. We will make all fees clear to you at the start of your case. In most cases we are able to offer clients a fixed fee for our immigration law advice so you will know from the first interview how much your case will cost you.

For expert advice on immigration matters contact us by phone on 0161 224 2555

 

Removal of Citizenship

Removal of citizenship is a niche area of law, but sadly it is thought that this area is likely to grow on account of the current state of fear of terrorism and international crime. The recent Supreme Court case of Shamima Begum is thought to be part of this trend with individuals who thought that their lives were firmly in the UK at risk of having British citizenship removed from them.

The potential loss of British citizenship has profound and life-changing consequences which require careful objection to and argument against from specialist solicitors Platts. Usually, such cases arise on the back of criminal investigations and so a detailed knowledge of Criminal and Nationality Law are key to these types of cases. 

 

Immigration Bail

Obtaining bail for individuals subject to immigration detention is another area of specialism that requires thorough and well-thought-out preparation and arguments. Getting immigration bail can often help the prospects of success in an asylum claim because sticking to immigration bail conditions enables an individual to demonstrate to the Home Office that they are a trustworthy and reliable individual. Again, the cases require advocacy involving knowledge of immigration and asylum law principles as well as human rights. A thorough immigration bail application also addresses the fundamental issues of why the Home Office wish to detain someone and a realistic appraisal of how long the Home Office are likely to take to prepare the case against the individual.

As solicitors with expertise in all of these areas, Platts are well-placed to advice on immigration bail and know who the expert barristers are who can present such cases most forcefully. There are two ways a person who has been detained by the Home Office can apply for release on bail –

1)            Apply to the Chief Immigration Officer (CIO)

2)            Apply to the Immigration Judge at the First Tier Tribunal (Immigration & Asylum)

A successful bail application allows for the detainee to be released from immigration detention.

An immigration bail is more likely to be granted if a person’s removal from the UK is not imminent, and they have at least one Financial Condition Supporter and a place to stay.

A person who has broken immigration bail conditions in the past, has a criminal record, or is likely to reoffend would find it harder to get immigration bail.

If an immigration bail is refused, then a person will need to wait 28 days to make another bail application unless there is a significant change in their situation.

Successful immigration bail will usually have at least one condition attach to it. This could be:

  • To be on an electronic monitoring tag
  • To regularly report to an immigration official
  • To attend an appointment or hearing
  • To be restricted on where you can live
  • To place restrictions on the work or studies you can do
  • To obey any other condition decided by the CIO or immigration Judge at First Tier Tribunal


Our immigration bail solicitors are experts in in this field and have obtained immigration bail for clients even in the most complex cases. Our dedicated team take their time to assess your eligibility, advice you on the strengths and weaknesses in your case, advice you on the correct supporting documentation, complete the paperwork and guide you through the whole process of the bail application. Get in touch today.

 

Deportation

Deportation Notices are usually issued by the Home Office for foreign nationals who have been sent to prison. This is a hugely complicated area of law with very serious consequences. Successfully challenging a deportation decision requires a quick and thorough response to the Home Office correspondence and an in-depth understand of the law around immigration control and human rights. Success deportation appeals flow from a thorough consideration of the prisoner’s background and family ties as well as details related to their offending behavior.

As solicitors with expertise in all of these areas, Platts are well-placed to advice on deportation matters and know who the expert barristers are who can present such cases most forcefully.

 

Judicial Review

If your case has been refused by the Home Office with no right to appeal, then you may be left with no option but to apply for an application for permission to seek judicial review. This must usually be done within 3 months of the date of the decision.

There process is done in stages. The first stage requires reviewing your case thoroughly for merit. Then a notice is sent to the Home Office to inform them of your intended action for Judicial Review.

This allows the Home Office the opportunity to review their decision and usually respond within 14 days as per the Civil Procedure Rules – Practice Directions.

The second stage only comes into action if a satisfactory response within 14 days is not received. You will then lodge an application for permission to seek Judicial Review. The Judge will decide based on the application in front of him, in favor of either you or the Home Office.

A successful result can also allow you to claim the wasted cost from the Respondent.

 

PLAB 2 EXAM VISA

The applicants who have passed PLAB1 exam need to apply for a UK visiting visa to take their PLAB2 exam in the UK. The application process is broken down into two stages:

  1. Online application for a UK visitor visa,
  2. Submitting all required documents including a confirmed test date, your eligibility to take test in the UK and biometric data such as photo and fingerprints.


Upon a successful application the visa will usually be granted for up to six months. However, you can get extension up to six months at a time.

We at Platts Solicitors have successfully applied for many Doctors and medical professionals to visit the UK to undertake the PLAB 2 exam.

Contact Nazrin Azad at Platts Solicitors on 0161 834 3114 or 0161 626 4955 to assist you with your immigration matter and help you remain safely in the UK under the rights you are entitled to. 

CONTACT US

Contact us to discuss your needs.
Call Manchester Office on: 0161 224 2555
Call Oldham Office on: 0161 626 4955