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Posted

Hi,

Was just wondering if anyone had any experience and reccomendations for a decent immigration lawyer in the south east?

I've been given a price of £850 from 'Uk migration Lawyers', but they're based in Birmingham which isn't too convenient for me, despite what seems like a great price.

Any input would be welcomed.

Cheers.

Posted

Word of advice, DO NOT use uk immigration lawyers in Birmingham. They offer cheap prices for a reason, they are useless! Your be better of spending abit more and getting a proper company to help you rather than Indian cowboys that will take your money and offer nothing more than you can do yourself.

Posted

Cheers Kadafi, thought that might be the case. When I asked him what they actually offer, he basically just said guidance with the application and a letter saying he was backing it up. Not really what I am after, and what is necessary to ensure that it is a successful application.

Had another email from someone else saying it would be £1500 + VAT. Does this sound more realistic?

The hunt continues...

Posted

Cheers Kadafi, thought that might be the case. When I asked him what they actually offer, he basically just said guidance with the application and a letter saying he was backing it up. Not really what I am after, and what is necessary to ensure that it is a successful application.

Had another email from someone else saying it would be £1500 + VAT. Does this sound more realistic?

The hunt continues...

what type of visa are you applying for?

Posted (edited)

A marriage visa. Been married for six months, are both 26, I've known her a year and a half, and have been over 6 times within that time. Plus I'm pretty sure I have all te evidence needed to prove it is a relationship, e.g. thousands of emails each way and Skype bills etc.

One thing I've heard is that it is necessary to have her come here on a visit visa first, but part of the reason I want to get a lawyer is to avoid having to do that.

My situation is that I am still loving at home with my parents due to stupid rental prices in my area, and am on close to £40,000 a year.

Do you have an opinion on our situation based on our circumstances?

Cheers.

Edited by 6008735rd
Posted

7by7 is probably the best person to give you advice.

I personally dont see any reason why you couldn't just apply for a spouse visa without the need for a visit visa first. Also as long as your parents have enough room to accommodate both you and your wife i dont see that as a problem either. Your salary should be more that enough to support her.

Posted

Marriage visa? Do you mean that you want your wife to settle with you in the UK?

It's up to you of course, but I don't think that you need a law firm to do that for you, you can do it yourselves.

They will only advise you as to what documents and test certificates you will need to provide, you will still need to provide them yourselves, so you'll be handing over £1500 of your hard earned, for someone to help you fill some forms out!

There's plenty of advice and information out there from people who've done exactly what you're trying to do without lining the pockets of lawyers.

Do a member search on this forum for a member called 'toddmeister' I know for a fact that he and his wife have just successfully completed an application for a settlement visa for the UK and he has a very helpful website outlining exactly what he did.

Good luck with it all,

Biff

Posted

Thanks again Kadafi, I will check out 7by7's postings. That is positive that you don't think I will have to get her here on a visiting visa first. I really want to avoid it, as it would just be saddening to know that she will have to go back to Thailand again before settling here fully. I am fed up of everything just being a temporary measure, e.g. when I go to visit her.

bifftastic, I do mean a settlement visa. That is good that you don't think I'll need a lawyer to help out. The reason that I was/am considering it, was to A) just get it done, and B) to avoid losing the £800 fee if our application was to fail. I will definitely have a look at toddmeister's info. Sounds like just the kind of thing I need.

Thanks to both of you for your advice.

Posted

Have just had a look at that blog and bookmarked it, Biff. Looks like it could come in very handy.

TVE, I am not too sure, but I think with that blog and the help of you lot on here, hopefully I won't need a lawyer.

Posted

I would tend to agree that for a straight forward settlement visa a lawyer is probably not required. If there are complicating factors such as dependents this is not always the case. If there have been previous immigration problems it may be worth getting professional advice.

If you are in the UK there are immigration solicitors and immigration advisers (not solicitors). Both are regulated, one by the Law Society and the others by the OISC. There are not many solicitors dealing with immigration law but a relative is using MKS solicitors in Southampton. So far so good there but as this is an abuse issue there are lots of complicating factors! You do not necessarily need to be close to the adviser geographically as the application is paper based.

My advise is to prepare well, do not assume anything will be considered at face value. Some posters go very over the top with applications but better that than have an application (and fee!) fail.

If in doubt ask! Many of us have gone through the process successfully without legal help. There are professionals as well as the 'informed' amateurs on this forum and they give a lot of free, good advice!

  • 10 months later...
Posted (edited)

Hi there - a friend of the missus who is over his first year student visa has been lifted by the UKBF and is currently detained in Harmondsworth. We are visiting tommorow - my gut instinct is that this is a hopeless case and he should throw in the towel and go back. He would like to discuss with an immigration lawyer his options.He has no relationship in the UK and the Home Office Approved language school went bust along with his second year fees - he Thai stylee hid his head in his hands and rather than dealing with the situation he ignored his situation and visa renewal. Can anybody reccomend a good London immigration lawyer/ adviser so he can at least have that conversation before maybe making up his mind to face reality and most probably go home.

Many thanks in advance for any help you may be able to give.

Googling away have found these guys http://www.westkin.com/ - they won't be cheap !

Edited by beautifulthailand99
Posted

Hi there - a friend of the missus who is over his first year student visa has been lifted by the UKBF and is currently detained in Harmondsworth. We are visiting tommorow - my gut instinct is that this is a hopeless case and he should throw in the towel and go back. He would like to discuss with an immigration lawyer his options.He has no relationship in the UK and the Home Office Approved language school went bust along with his second year fees - he Thai stylee hid his head in his hands and rather than dealing with the situation he ignored his situation and visa renewal. Can anybody reccomend a good London immigration lawyer/ adviser so he can at least have that conversation before maybe making up his mind to face reality and most probably go home.

Many thanks in advance for any help you may be able to give.

I agree with your gut feeling, from what you say he is no longer a student and in any case his visa seems to have expired, he has simply gone under the radar, I assume he has been working.

UKBA are only allowed to detain if there is a realistic chance of removal from the UK and/or there is a risk of absconding, I suspect your friend falls into both of the categories.

I don't know of any Immigration Lawyers, but there are plenty in the area, Southall has stacks, but some of them are cowboys and will make promises they cannot keep. Legal Aid is severely restricted these days, that will make some lawyers keep away.

Harmondsworth has a team of "Detainee Contact Manager, they act as a conduit between the Caseworker and the Detainee, they will give your friend a list of Immigration Lawyers though they will not recommend an individual firm.

Posted

Word of advice, DO NOT use uk immigration lawyers in Birmingham. They offer cheap prices for a reason, they are useless! Your be better of spending abit more and getting a proper company to help you rather than Indian cowboys that will take your money and offer nothing more than you can do yourself.

Sounds a bit like the outfit I started this thread about:-

http://www.thaivisa.com/forum/topic/581151-immigration-advisors-a-cautionary-tale/

Posted (edited)

Many thanks theoldgit for your quick reply - I'll give him the number for westkin and get him to check whether they are on HO list. Given his fairly hopeless case they should advise him that he has a very weak case and it wouldn't be worth the 2k and upwards to fight it. The HO have been very reasonable and have said he could make another application to return as a student after 2 years.To be honest he will be glad of the visit and some firm advice - he's a great guy who worked in senior hotel managment in Thailand and has lots of friends and family there so it's not as if he's desperate to stay.

Thanks also eff1n2ret for the timely warning they came up high in google searches so they're still in the business of scamming weak cases. Currently students on a student visa in the UK have had their right to work 10 hours a week (down from 20) taken away and it's causing a lot of grief in the Thai-UK student community.

Edited by beautifulthailand99
Posted

Frankly, if he's overstayed by more than a few weeks and did nothing about regularising his status when his original arrangements failed, he hasn't a leg to stand on. UKBA are obliged to consider any compassionate circumstances prior to removing him, but unless he has close family in the UK, and given that (from what you say) he has plenty of friends and family to support him on his return to Thailand, there is no serious obstacle to his removal.In those circumstances shelling out on legal representation would be a waste of money.

If he was arrested and originally detained in a police station he should have been given the opportunity to speak to the duty immigration solicitor who would have advised him as above. Did he have such a consultation? Normally these days it is done by phone as the duty brief attending only deals with criminal detainees. If he was arrested by immigration staff some custody sergeants take the view that as the prisoner is detained under immigration powers, the right to consult a solicitor under the Police and Criminal Evidence Act does not apply. However, most are happy to let the prisoner make a phone call to the duty immigration solicitor.

Posted

What visa did he have? When did it expire?

What happened to his education provider? You say they went bust, did they have their licence suspended or revoked? If the latter, did the UKBA serve him with his 60 day notice letter?

Posted

He had a one year student visa that expired in January. He then says he paid a further one year fees to a HO approved language school which went bankrupt along with his fees. At this point it would appear he continued to work unofficially and avoid the consequences of being out of time. Had he raised this with my wife we could have advised him correctly.

As theoldgit has said probably going home would be the best thing to do.We will visit him at 2.00pm today to find out the full details and the HO statement. He says the conditions are very nice and the people very friendly and there is a gym,sports hall, library,internet and doctors and dentists on hand. I have made the point to other Thai friends that this is UK's first world civilised hospitality and if I was 7 months over visa in Thailand I would pay the money and get out sharpish rather than face Thai detention. As my wife says "your country is too soft" ......sad to see the human side though of a globalised world - most farangs can't wait to live in Thailand wheras most Thai's when they have experienced the diversity and freedom we take for granted in the west don't want to return except for vacation and family meet up.

http://www.ukba.homeoffice.gov.uk/aboutus/organisation/immigrationremovalcentres/harmondsworth

Posted

We visited him at Colnebrooke Detention Centre near Heathrow yesterday and got to see his paperwork. He has been a succesfull Tier 4 General Student since 2009 - he has had high IELTS scores throughout. He applied for his final year and paid his fees in January 2012 and had his CAS letter confirming progress and acknowledgement of his fees. The language school went bust and he began a dialogue with the Home Office - he noted that to ring them re issues is a pound a minute phoneline - by the time he got a reply from the Home Office he had 30 points for course progress but only 0 points for the financial side as the bank douments submitted during the initial application were out of date. He was sent a letter saying his visa would not be renewed and that there was no right of appeal in country.

And that's where he left it. He as caught up in a UKBF raid on a premises and found to be over his visa and suspected of working. The home office have now accepted he was visiting friends as a place where he had previously worked. He has been appointed an experienced 'buddy' within the facility who from previous experience has said he has a good chance of success if he can enrol on an approved course. He will also be getting access to a solicitor at public expense on Monday. He has also contacted http://www.westkin.com/ who have proved very professional so far as they ascertain his case.

The conditions within the centre are extremely humane whilst being very secure - he can make and take phone calls from a simple camera phone. He shares a dorm with two others but he is in the well behaved nice wing which you have to be calm and considered to be in .(The first wing was full of crazies - who would scream all night and bang the doors). The food is adequate but mostly indian type food and he is the only Thai in the place. He can do language classes, access limited internet, play pool snooker , go to the gym or barbers and even earns £1 a day towards snacks and this can be upped to £50 a week if you take part in cleaning/catering /buddy roles.

He is a single gay man so now it has settled down is enjoying the experience and helping other inmates. He is extremely pleased with the way he has been treated which I saw as being generous and humane and even if he has to go back to Thailand then he will have grown with the experience. So as to my views and gut instinct were that he would be back before his feet touched the ground - how wrong I was.

I know some Daily Mail reader types will balk at the cost and generosity of the system but the humanity and kindness shown in what is a bureaucratic and life-changing process has impressed my wife and It as no coincidence that we have just pulled off the most succesfull and friendly Olympics in history - it's what we do !

Posted

He was sent a letter saying his visa would not be renewed and that there was no right of appeal in country.

And that's where he left it. He as caught up in a UKBF raid on a premises and found to be over his visa and suspected of working. The home office have now accepted he was visiting friends as a place where he had previously worked. He has been appointed an experienced 'buddy' within the facility who from previous experience has said he has a good chance of success if he can enrol on an approved course. He will also be getting access to a solicitor at public expense on Monday. He has also contacted http://www.westkin.com/ who have proved very professional so far as they ascertain his case.

They don't need to establish any proof that he was working illegally as they've got him bang to rights as an overstayer who'd already been told to go home. As he's already been detained for two or three days I'm surprised they haven't already served him with removal directions - they're not obliged to hang about to see if there's any grounds he can come up with to remain in the UK. But it looks like things have changed since my day, and if they faff about much more I would expect his legal advisor(s) to bang in an application for bail. Then anything can happen.

Posted (edited)

I'm not sure whether to laugh or cry.Here we have an immigration offender, an overstayer who has freely admitted to working illegally, who has been apprehended and is currently detained in a secure institution at considerable public expense but has not been removed seemingly because his newly acquired free legal advisors are negotiating on his behalf with the UKBA for him to remain in a capacity for which he is not qualified.First things first. It is common knowledge that many language schools are nothing more than visa factories for bogus students whose primary aim is to live and work in the UK in circumstances not available to them otherwise. The crucial foundation to this niche business was the immigration rule whereby full time students could qualify for employment of up to 20 hrs per week and, more importantly, for as many hours as they wanted during term breaks. This has now ceased. Not surprisingly, the colleges that provided this avenue of migration to opportunist students are going bust since the primary reason for their market share, access to employment, has been withdrawn and with it the profits from those school fees which now only buy tuition and therefore fail to meet this type of student's needs.Nevertheless, it's quite incomprehensible that this man should be still here. He has no legal status and any application to remain must surely fail because he has no current visa on which to base any extension. Unless of course, there is some other reason which may well resolve to a procedural error although if that were to be true then it's a moot point whether he would wish to remain now he can no longer work legally.We are a soft touch indeed but I see that as no cause for celebration when hard working immigration staff have been denied pay rises for the past 3 years in order to defray public expenditure on all those nice, humane facilities etc for those who seek to abuse our laws.Call me old fashioned but it just makes me rather sick to my stomach.

Edited by Seekingasylum
Posted

.Nevertheless, it's quite incomprehensible that this man should be still here. He has no legal status and any application to remain must surely fail because he has no current visa on which to base any extension. Unless of course, there is some other reason which may well resolve to a procedural error .......

It may be simply because the caseworkers haven't got round to setting removal directions. If this is the case it is a sad reflection on the way UKBA has been organised the last few years. In the "bad old days" an Immigration Officer (or two) would go out with the police, who would make the arrest and put the offender into custody. Thereafter it was the responsibility of the IO who started the case to arrange whatever was appropriate in the way of detention, removal, temporary release or further casework. But the police, starting with the Met a few years after the Joy Gardner affair, became increasingly reluctant to get involved in immigration work, and this led more than 10 years ago to the setting up of Immigration "Arrest Teams", who now go out mob-handed in search of offenders, but after the arrest have little or nothing to do with furthering the case. I had the privilege of working in an office which had a well-trained and -motivated team of caseworkers who knew a simple removal when they saw one and made every effort to get the offender on a plane as soon as possible. Even lack of a passport is no bar to removal of Thai offenders, most of whom in my experience were happy to waive the 48 hours notice we were obliged to give - "Want to go home, see my mum" was a common response.

Of course, there may be some factor in this case of which we are not aware. Otherwise, I agree with you.

Posted
...Nevertheless, it's quite incomprehensible that this man should be still here...

Could it be because the Home Office apparently took an inordinately long time to call him back when he contacted them?

...He applied for his final year and paid his fees in January 2012 and had his CAS letter confirming progress and acknowledgement of his fees. The language school went bust and he began a dialogue with the Home Office - he noted that to ring them re issues is a pound a minute phoneline - by the time he got a reply from the Home Office he had 30 points for course progress but only 0 points for the financial side as the bank douments submitted during the initial application were out of date...

Posted

Possibly but the circumstances are unclear.

Evidently he submitted his application for an extension before his last one expired but before this could be considered his college went bust. As someone else has mentioned, the Home Office should have given him a period of grace ( 60 days? ) in which to find another another college before submitting a further application. It seems this was not done within the stated period and his eventual application, which I assume was therefore out of time, was deficient in that his financial evidence was no longer current and he was therefore refused and seemingly without any appeal rights and told to quit the UK within whatever period they give( 28 days?). He was apprehended this month and so I assume he has been an overstayer since May or even June (?).

Unless he has formed a relationship akin to marriage with some Brit or EU person over the past couple of years it's difficult to see how he isn't dead in the water.

Interesting little insight into the doings of the Home Office and it would be nice to find out what happens next.

Posted

I would not describe this as a bang to rights case.

There are lots of issues here and some out-of-time applications have been known to be successful. If he was refused for out-of-date paperwork but had the necessary funds, there are judgements in his favour.

The closure of the college, whether or not the UKBA wrote to him curtailing his leave, possession of required funds, are all important points.

Hopefully he is discussing these issues with his representatives.

Posted

I'm not sure whether to laugh or cry.Here we have an immigration offender, an overstayer who has freely admitted to working illegally, who has been apprehended and is currently detained in a secure institution at considerable public expense but has not been removed seemingly because his newly acquired free legal advisors are negotiating on his behalf with the UKBA for him to remain in a capacity for which he is not qualified.First things first. It is common knowledge that many language schools are nothing more than visa factories for bogus students whose primary aim is to live and work in the UK in circumstances not available to them otherwise. The crucial foundation to this niche business was the immigration rule whereby full time students could qualify for employment of up to 20 hrs per week and, more importantly, for as many hours as they wanted during term breaks. This has now ceased. Not surprisingly, the colleges that provided this avenue of migration to opportunist students are going bust since the primary reason for their market share, access to employment, has been withdrawn and with it the profits from those school fees which now only buy tuition and therefore fail to meet this type of student's needs.Nevertheless, it's quite incomprehensible that this man should be still here. He has no legal status and any application to remain must surely fail because he has no current visa on which to base any extension. Unless of course, there is some other reason which may well resolve to a procedural error although if that were to be true then it's a moot point whether he would wish to remain now he can no longer work legally.We are a soft touch indeed but I see that as no cause for celebration when hard working immigration staff have been denied pay rises for the past 3 years in order to defray public expenditure on all those nice, humane facilities etc for those who seek to abuse our laws.Call me old fashioned but it just makes me rather sick to my stomach.

the one thing you missed out was...he is in the U.K so of course has rights as a human and the 'case worker' will advise him.....where as in my experience being married to a foreign national in the U.K we have no 'case worker' helping out the filling in of forms etc and are left to get on with it!

If we want advice on procedures from a professional we have to pay for it....

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