UK immigration law is constantly changing. Responses to political change and global factors often lead to immigration routes being added or eliminated, making it complicated to visit, work (temporarily or permanently), live, study or join family in the UK.
Our private client immigration team works with a wide range of clients, including high-net-worth individuals and their family offices, and, in many cases, the businesses those families own.
Our team provides a tailored and pragmatic approach to find the best route for each client’s individual circumstances and objectives. With more than 35 years’ experience comes the skill at dealing with the most complex circumstances. Should you hit a bump in the road, we have deep experience in successfully challenging unfavourable Home Office decisions and delays.
We understand that there are many considerations when choosing to relocate. In addition to legal support, we have long-standing relationships with firms that can assist our clients with their cross-border tax planning, schooling, lifestyle management and property searches. Our aim is to make this transition as smooth as possible for our clients.
If you would like to come to live with a family member in the UK, you will need to apply for a family visa. A family member includes a spouse/unmarried partner, fiancé(e) or civil partner, child, parent, or relative who will provide long-term care for you.
The Home Office assesses every application under this visa category rigorously. If you fail to meet the eligibility criteria or documentation requirements, your application may be refused. An experienced legal advisor is key to having the highest chance of success in your application.
Individuals from certain countries, aged between 18 and 30 (up to 35 in certain cases), may be eligible to apply for a Youth Mobility Scheme visa, which allows them to come and experience life in the UK for a period of up to two years (up to three years for certain nationals).
There are several different routes available to international talent looking to come to the UK for work. Our team can assist you with determining the most efficient route to achieve your long-term goals. Over the past 35 years, our private client immigration team has successfully handled a large number of complex visa application cases.
If you are an overseas national and recognised as a leader, or emerging leader, in one of the following fields, you may be able to qualify under this route:
This visa route is one of the more complicated routes when it comes to determining eligibility, as it involves either having been awarded a prestigious prize or gaining an endorsement from a Home Office approved endorsing body e.g. Tech Nation, UKRI, the Arts Council.
Given the nature of our client base, we have extensive experience with this visa route and are familiar with all the endorsing bodies and their requirements. We’ve had success in gaining Global Talent visas for artists, academics and digital technology applicants. This is a particularly attractive route for those who are looking to stay in the UK long-term, as it allows for multiple extensions and leads to settlement.
The Overseas Domestic Worker visa allows an individual to accompany their employer on a working visit to the UK. This is a temporary visa, and if approved, is granted for a maximum of 6 months.
If you are a Commonwealth citizen and have UK roots, you may wish to explore an Ancestry visa, which will give you full work rights in the UK for 5 years, after which you may apply to settle.
The Temporary Work routes allow creatives in areas such as dance, music, film and television, as well as interns, to come to the UK for a fixed period of employment with a licenced employer.
If you are an entrepreneur who has developed a new business concept that you wish to bring to the UK, this may be the best route for you. Like the Global Talent visa, this is one of the more complicated visa routes, as it involves having your business idea endorsed by a Home Office approved endorsing body. You will need to demonstrate that you have an original business idea which is different from anything else in the UK market. We have extensive experience in successfully obtaining endorsements for business ideas across many sectors, including technology, health & wellness and manufacturing.
The UK’s renowned schools and universities have always been a magnet for international students. If you will be studying in the UK for more than six months, you will need to apply for a Student visa, a Child Student visa, or a Short-term study visa.
If your child is aged between 4 and 11 years old and studying at an independent school in the UK, you can apply for a Parent of a Child Student visa to accompany them.
This route allows international students who have completed an eligible course of study in the UK to stay for a further two or three years (if you studied a PhD or other doctoral qualification) to seek work.
The Graduate route does not lead to settlement in the UK, and it is not possible to extend this visa. However, it is possible to switch from the Graduate route to another immigration category that does lead to settlement, such as the Skilled Worker route. Speak to us, we would be happy to guide you through the process.
The High Potential Individual visa is a great option for recent graduates of top overseas universities who would like to work in the UK after successfully completing an eligible course equivalent to UK Bachelor’s degree level or above. Not all universities are eligible institutions, check here to see if your university is on the list.
If successful, you will normally be able to stay in the UK as a High Potential Individual for two years, or three years if your course was a PhD or other doctorate-level qualification. It’s possible to switch from the High Potential Individual route to another immigration category that does lead to settlement, such as the Skilled Worker route.
British citizenship and nationality law is complex, in part, due to Britain’s imperial past and its historical relationship with other countries around the world. In some cases, it is necessary to trace several generations to identify whether an individual is entitled to British citizenship.
For those who are not automatically a British citizen, the route to becoming British will be either through naturalisation, or registration. There are strict residence criteria for naturalisation applications, and we are highly experienced in dealing with these applications.
The EU Settlement Scheme allows for those EEA and Swiss citizens and their family members, who were resident in the UK by 31 December 2020 to continue to lawfully reside and work in the UK. In some cases, you may also be able to bring your family members to join you in the UK post-31 December 2020 by means of a family permit. Although this change is relatively recent, Gherson has developed the adaptive tools and skills to assist in any new immigration matter, however novel the route may be.
There are three ways to challenge a decision from the Home Office: through administrative review, appeal or judicial review.
If you are provided the opportunity to challenge a decision by way of Administrative Review, it is best to seek expert legal advice. It is a process by which a refused immigration application (or a granted application, if you are unhappy with the amount or conditions of your leave) can be challenged on the basis that the decision is incorrect due to a case working error.
Gherson has deep experience in submitting administrative reviews leading to decisions being overturned by the Home Office, including recent success in the student, EU Settlement Scheme and spouse categories.
If you are provided a right of appeal and decide to proceed, there will be a full hearing of a case on the facts in the First Tier Tribunal before a judge. The judge will be concerned with whether the Home Office made the right decision, including whether they made a correct factual assessment based on the materials provided in your application. The process can be quite intimidating, and seeking legal advice can help alleviate the stress and assist you in making the strongest possible immigration appeal.
Judicial review is another means of challenging Home Office decisions, as well as delay in processing applications, via the courts based on illegality, irrationality and/or unfairness. We have had recent success in the Administrative Court with regards to challenging delay to British citizenship applications and in the Upper Tribunal, where we challenged delay to Indefinite Leave to Remain applications.
As judicial review is not a review of the conclusion of a decision, but of the decision-making process, it means that notwithstanding a judge determining that a decision was made unlawfully, the Home Office could reach the same conclusion following the reconsideration. This is why well-drafted grounds and the appropriate supporting documents are essential in preparing for judicial review.
Our immigration team understands that an international move can be a stressful and time-consuming experience. The complexity of the UK immigration system can add to that stress. We offer stand-alone consultations where we can review with you your unique circumstances, explain to you your options, and advise you on your best immigration route.
A high proportion of our clients are high net worth individuals and their families, which gives us the experience of addressing their wider needs. When preparing for a move to the UK, these clients typically require assistance beyond immigration advice. We frequently advise on and assist with our clients’ asset structuring, including international tax planning, their corporate needs, buying property and day-to-day family matters, such as schooling.
