Recent News

Tighter English Language Test Requirement For Tier 1 and 2 Applicants In The UK

From 6 April 2012 UKBA will be removing the provision for applicants in the UK to apply for permission to stay here (known as leave to remain) before they have taken or received the results of an English language test. This pol...

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Spot Light On Nelson Cifuentes, Assistant Solicitor At Wornham & Co

Nelson recently helped a Pakistani national successfully apply for leave to remain as a Tier 4 student. The matter was not straightforward as the client had previously made a Tier 4 application which had been refused. The clien...

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How We Have Helped

Personal service

Trevor Wornham, Principal Solicitor, attended an immigration interview at the request of a Chinese businessman, to assist him successfully obtaining leave to enter as a business visitor. This was done by having face-to-face discussions with the Immigration Officer following the interview, and making representations to clarify why the Chinese businessman was a business visitor, and was not a sole representative requiring prior entry clearance.

Specialist advice

An elderly Zimbabwean national sought advice on switching her status in country from visitor to dependent relative of her British citizen daughter. By taking full instructions and undertaking research, we were able to advise on and obtain the client a Certificate of Entitlement of the Right of Abode through her former marriage. This status gave her greater rights, and overcame the evidential problems the client had with the proposed dependent relative application.

Practical

An employer wished to sponsor a failed Iranian asylum-seeker to work for him. A fresh asylum and human rights' application was made, based on a new country expert report. The application was successful on appeal.

Creative

A Zambian national and Cambridge graduate came to us having submitted a High Court application late/out of time. The application he had made stood no real chance of success. We helped him withdraw his application, and successfully processed a Tier 1 (General) application for him, using our same-day decision representative slot at the UK Border Agency. This provided a quick, creative solution enabling him not only to start work, but to remain in the UK with his wife and new baby.

Innovative

A US national wanted to remain in the UK with her elderly British-born mother. We assisted with an application Outside of the Rules, which, with her MP's assistance, resulted in a debate in Parliament and a promise to change an arbitrary, discriminatory provision in the UK Nationality Laws. The change to the law has now been made, and the US national can register as a British citizen.

Complex situations

An 11 year old Jamaican national visited his aunt in the UK. For compelling family reasons, he could not return home, and the aunt put in the application for the child to stay with her slightly late. The application did not evidence all required points and the application was refused without appeal. Family solicitors obtained a Residence Order for the child, and the client then instructed us to act, aged 16.

We made a full, fresh application, advising this was likely to be refused, but that there would be a small chance of success in a human rights appeal against that refusal. The client wished to proceed, based upon that chance of success. The application and appeal were extensively prepared, and the appeal allowed, the Jamaican national being 19 at the time of the appeal hearing.

Effective solutions

A Gambian student instructed us after his Tier 4 student application was first rejected because the form had not been fully completed, and then refused due to lack of funds. He thought that the only way to resolve his situation would be to return to Gambia and apply for a visa to return. However, we advised him that in certain circumstances the immigration rules permit in-country applications even where a person who previously had leave as a student (or under Tier 4) is now an overstayer. We advised him on how to resolve the issue regarding his funds, and then submitted a fresh Tier 4 application. This was approved allowing him to complete his course.

Commercially aware

A new UK company needed to urgently hire a Chinese worker, who had just left his previous employer. They had not yet applied for a Sponsor Licence. Using our same-day representative slot, we processed a Tier 1 (General) application so that the worker could start work straight away.

Same-day decision

A Brazilian client needed to be granted indefinite leave on the basis of his Work Permit employment very quickly in order to be able to travel. We used our representative's slot at the Home Office to obtain a same-day decision for him.

Cost effective

An Iranian national wanted to apply in-country to remain in the UK and to appeal any refusal of this. In his circumstances, such an application stood no chance of success as the law stood at that time. He accepted our advice to go to Iran to apply for a visa to return to have continuing access to his children, who had indefinite leave in the UK and lived with his ex-wife. We successfully assisted him with the visa application, avoiding wasted costs on a further in-country application and appeal. This enabled him to return to the UK to continue to have access to his children, and live and work here. This type of visa will also lead, on further application, to his settlement in the UK.