private client migration an introduction
An introduction At Howard Kennedy we understand that any decision to relocate from one country to another is an incredibly important and stressful decision. As well as arranging new accommodation, new schools and new employment, you will also need to arrange your new immigration visa. Your dedicated immigration adviser will alleviate the stress normally associated with this process by providing step by step advice and assistance throughout the process.
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Migration Routes The manner in which you enter the UK will largely depend on your personal circumstances, objectives and needs. As part of our service, your immigration adviser will review and assess your circumstances to achieve a pragmatic and technically accurate solution to your immigration concerns. • Family Migration: Should you wish to sponsor a spouse, a child or an adult dependent relative, then we can advise and assist on the technical and practical aspects of Appendix FM. This could include entry clearance applications (i.e. applications for entry to the UK), extension or switching applications (from within the UK) as well as applications for settlement. Recent work: • Successfully securing entry clearance for the wife of a British citizen under Appendix FM • EEA Migration: If you are an European Economic Area (EEA) national or the family member of an EEA national then it is more than likely that you will seek to enter and remain in the UK in accordance with the Immigration (EEA) Regulations 2006. Whether it is a family permit or a Residence Card, we can assist you through every aspect of the application process. Recent work: • Assisting EEA nationals in obtaining a Permanent Right of Residence Card by advising on the evidential and legal requirements for such an application
• Study: You may not wish to permanently relocate to the UK but instead take advantage of one of the internationally recognised educational institutions that exist in the UK. Once you have secured a place at an approved educational institution, our team can support you through the visa application process (be it entry clearance or an extension application). • Settlement: Upon entering and residing in the UK, you may become eligible for Indefinite Leave to Remain (i.e. permanent residence). The requirements for settlement can depend on the route you took to enter the UK and so it is crucial that advice is sought early on in order to avoid disappointment. We can advise on the necessary requirements that you must meet so that you are able to adequately prepare your route to settlement. • Citizenship: For many, the end goal of their relocation plans may be British citizenship. Once an individual has obtained Indefinite Leave to Remain then they may become eligible for citizenship (depending on the migration route taken). We can assist in the application by identifying the relevant provisions of nationality law, the required supporting documentation along with drafting legal representations in support of your application. Recent work: • Advising an executive on her entitlement to a British passport
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• Human Rights: The UK has a proud tradition of protecting the human rights of those who are vulnerable. Our immigration department has years of experience presenting human rights applications to the Home Office or representing individuals before the First-tier Tribunal as part of the appeals process. The current Government is working to restrict the scope of human rights legislation and so it is important that advice on the merits of an application are sought as soon as possible. • Appeals to the First-tier Tribunal and Upper Tribunal: Recent legislative changes mean that most individuals no longer receive a right of appeal should their application be refused. However, if an application contains a human rights or protection claim then a right of appeal to the First-tier Tribunal may well be applicable. Our team can advise, assist and represent individuals before the First-tier Tribunal as well as the Upper Tribunal. Recent work: • Representing the wife of a British business man in the First-tier Tribunal on the basis that her removal from the UK would be a breach of Article 8
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Our services Your professional and experienced immigration adviser will be able to provide you with expert technical advice as well as pragmatic solutions to any aspect of your immigration problem. Should you be seeking entry to the UK, then our firm will also look at your tax position so as to ensure that all aspects of your relocation are coordinated to your benefit.
• Draft expert legal submissions in support of the application or appeal
As part of our service, your immigration adviser will conduct an in-depth analysis of your personal circumstances (including an assessment of your immigration history) in order to provide the correct visa solution for your needs.
• Provide monthly updates as to the progress of your application or appeal
Your adviser will: • Perform a detailed case analysis and identify the legal basis of an application or appeal and any potential issues • Draft template witness statements, if necessary • Draft detailed guidance as to supporting documentary evidence, including required content and format where appropriate • Check supporting documentary evidence in light of the requirements of the Immigration Rules, Home Office guidance and case law • Complete and check the Home Office application form, if applicable
• Represent you before the First-tier Tribunal or the Upper Tribunal, if necessary
• Act as an agent for all correspondence received from the Home Office or Tribunal • Advise on any decision made by the Home Office or the Tribunal and the next steps. Once approved, your dedicated adviser will then ensure that you are fully aware of any ongoing conditions or requirements so that you are able to make any extension applications (should you wish to do so). In addition, should you have any further legal needs or concerns, your dedicated adviser will make certain that you are introduced to the right individuals within Howard Kennedy so as to ensure you receive a seamless and tailored service. Our dedicated teams can advise on property, family law, trusts and estate planning, employment and corporate matters.
• Scan and index all documentation into an organised application or appeal bundle
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Key contact Antonia Torr Head of Immigration Services antonia.torr@howardkennedy.com +44 (0)20 3755 5835
No.1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com @HowardKennedy_