Personal immigration

We are here to help deal with the impact on your lives.

Immigration law impacts many people’s lives at many different stages, be it when considering their relationships, their home, their right to work, and even their right to rent private property.

Some of the issues you may wish to consider when making a UK immigration application are whether you wish to enter and remain in the UK on a temporary basis or look to settle in the UK permanently; and whether you wish to enter on the basis of work or personal circumstances. Once you’ve made those decisions, you will need to look at which of the various and ever-changing immigration routes will best suit your needs. The experienced immigration team at Brabners can do the hard work for you. Our team is made up of employment and immigration specialists, supported by our wider legal service offering which provides you with a holistic approach to immigration solutions, with the bigger picture in mind.

We provide a personal and dedicated service to support overseas high net worth individuals, investors, innovators, start-ups, employees, students, graduates and families throughout the immigration journey. From deciding which route suits your needs best, making the application, extending your stay in the UK, through to settling in the UK, and obtaining British citizenship and UK passports.

What you need to consider when:

Working in the UK

Whether an employer is sponsoring you to work in the UK, relocating you to work in their UK offices or if you are coming to establish a UK branch of your existing business, there is an immigration route for you. We have a great deal of experience of advising on these work-related routes.

If you have a new business idea and want to set up a business in the UK, you may wish to consider an Innovator or Start-up visa. We have significant experience in collaborating with other advisers such as accountants and business consultants to make sure that your business plans meet the strict requirements of the immigration rules.

If you have exceptional talent or exceptional promise in a specific field, the Global Talent visa could be the one for you. We have advised leading academics on this option as an alternative to employer sponsorship.

We can also provide advice on the options available to your family members and dependents who you may want to accompany you.

For cross-border EU workers, and particularly for those who are not resident for tax purposes in the UK, we can advise on whether the new Frontier Worker Permit could provide you with the flexibility you need to keep coming to the UK to work now that free movement has ended.

Investing in the UK

Where you are looking to make a significant investment in the UK, this can also give rise to different visa options enabling you to come and live in the UK.

We can advise on your investment options within the immigration rules, as well as collaborating with experienced wealth managers who understand how investments in shares and bonds impact on the visa requirements.

Our strategic advice includes the best immigration options for you and your family and ensuring your application is prepared carefully and thoroughly, minimising the risk of refusal.

Studying in the UK

Applying for a student visa is not always as simple and straightforward as it should be. We often see individual’s applications being refused on the basis that they are not considered to be a ‘genuine student’- but what does this actually mean?

Applicants should be prepared to discuss their educational history, study and post-study plans, as well as their personal and financial circumstances, and where possible, evidence this as part of their application. These are factors which Entry Clearance Officers (ECO) can take into consideration when determining whether or not a student is a ‘genuine student’. Often, ECOs interview student visa applicants using ambiguous wording or questions, without providing applicants a fair or reasonable opportunity to properly respond, resulting in unjust refusal letters.

We can support you in preparing student visa applications to ensure successful outcomes and can also offer advice on post-study options for students switching to remain in the UK after completion

of their studies, including advice on the newly introduced Graduate Route for international students (due to open on 01 July 2021).

Visiting the UK

The Home Office carefully scrutinise visitor applications, including those for business and academic visits.

Applications will often be refused where the Home Office is not satisfied that the visitor will leave the UK at the end of their visit if it considers that a visitor will engage in activities which are not permitted under the visitor route, or where it considers that any of the other requirements have not been met.

We frequently advise on the various types of visit visas and will guide you as to the most appropriate visa for your particular needs. We will support you through the application process to help safeguard against refusal of an application and ensure you understand the requirements you must meet for your application to be successful. We can also make sure you are prepared for any questions you may be asked at immigration control when you are entering the UK.

If you are coming here for business reasons, we will work with your employer to make sure they are satisfied that your activities in the UK fall within the permitted activities under the visitor route and that you are not working illegally.

Joining Family in the UK

Whether you wish to join your settled or British citizen partner in the UK, or enter the UK as their fiancé(e) and marry in the UK, the complexity of the immigration requirements can be difficult to steer, in particular, the minimum income requirement. We have a 100% success rate in such applications and significant experience in those involving complex factors.

For those who require care from their British citizen or settled family members already in the UK, Immigration Rules also allow you to apply as an Adult Dependant Relative. The Home Office often refuse such applications on the basis that an applicant can be cared for in their home country, or that such care is affordable.

It is therefore imperative that Adult Dependant Relative applications are prepared thoroughly and with care. We can help with these application processes to ensure that all anticipated reasons for refusal from the Home Office are addressed at the outset, minimising the risk of refusal.

Other Immigration Services

EEA nationals and their family members

A significant change following Brexit, the EU settlement scheme is now in place for EEA nationals and their family members wishing to reside in the UK. We regularly advise on obtaining pre-settled or settled status under the EU Settlement Scheme, to allow them to continue to live, work and study in the UK. The deadline for applications under the EU Settlement Scheme is 30 June 2021.

From straightforward cases to complex applications, including those where individuals struggle to provide sufficient evidence of their residency, we can guide you through this process.

Hong Kong British Nationals (Overseas)

With a new route in place for British Nationals overseas (BNO) citizens from 31 January 2021, BNO citizens and their family members residing in Hong Kong can now apply for the BNO visa. This allows them and their family members to live, work, study, and eventually settle in the UK.

If you are a BNO yourself, or want to bring family members over from Hong Kong, our experience advising on these requirements can benefit your application.

Indefinite Leave to Remain

Settling in the UK, or applying for ‘indefinite leave to remain’, means you can stay in the UK without any time restrictions. This option is available to a range of applicants once they’ve completed the required time periods in their various immigration route (typically five years for the work permit routes), or to those who wish to apply on the basis of long residence in the UK (typically either 10 years lawful residence or 20 years unlawful residence in the UK).

We are regularly instructed by individuals wishing to make applications for indefinite leave to remain in the UK, helping them continue their lives here.

British citizenship – naturalisation and registration

The ultimate goal for some applicants will be obtaining British citizenship and there are different ways to apply based on your circumstances.

We are frequently approached by individuals who wish to apply for naturalisation as a British citizen but who fall foul of the eligibility criteria, for example, as a result of prolonged absences from the UK (particularly as a result of COVID-19) or where they did not hold Comprehensive Sickness Insurance as an EEA national when they were required to do so.

We can assist individuals in preparing their applications thoroughly, including assisting any applicants who seemingly might not meet the requirements by making strong representations as to why their naturalisation application should be granted, with a view to maximising the chances of success.

Similarly, we also assist with applications for both children and adults for registration as British citizens, including supporting local authorities in regularising the immigration status of ‘looked after’ children.

Appeals and Judicial Review Applications

Applying via any immigration route can be a complex process to navigate with many traps for the unwary. We will advise and support you throughout the application process to give you the greatest chance of a successful outcome.

Even if you have already had an application rejected, we may still be able to assist with your case. We are often able to assist individuals with making successful, fresh applications (even after a rejection), with applications frequently being rejected on a technicality, or, in some cases, for entirely unfounded reasons.

If your application has been rejected, you may want to appeal or challenge the decision. We can also assist with this, as not only do we advise on initial applications, but our experience includes advising on and representing clients in immigration appeals and judicial review proceedings.

Identifying the right route for you

We hold confidential discussions with you to ascertain your current circumstances and your thoughts as to where your future lies. We then use this information to help identify appropriate immigration routes, providing you with clear and concise advice on the specific requirements of each, followed by a recommendation as to the most suitable route for you, based on your needs.

The UK’s Immigration Rules can be complex and difficult to navigate, often seen as a hurdle that many can struggle to overcome without specialist legal support. That’s where our experienced team can help support you in your immigration matters.

We can help you to understand the immigration route best suited to your specific circumstances, tailoring our advice to meet your needs and helping to secure the right immigration status for you, quickly and efficiently.