- About UK Immigration
- Individual Business route
- Overseaseas Employees & UK Employers-
Post BREXIT Immigration Rules
- UK Settlement & Realocation
- UK Asylum & Human Rights & ECHR
- UK Immigration & Nationality Law
- Our Immigration Team
UK immigration, asylum and nationality law is famously complex and here at Sky Solicitors we have a number of skilled and knowledgeable immigration law practitioners who can assist navigate the rules and help you with your immigration matter. The UK has left the EU and will, in less than a year, embark on a new points-based regime applicable to all non-British citizen UK residents - a major change in UK Immigration system. Sky Solicitors have the experience and expertise to successfully achieve your immigration goals.
In a nutshell, there are five keystages in immigration process application. These are:
- Submission of on-line application;
- Uploading supporting evidences on the Home Office Portal;
- Enrolment of the biometric fingerprints of the applicant;
- Any interview or press idiom enquiries;
- Decision by the home office.
Please see below some examples of and the types of Immigration matters our solicitors can assist you with:
- Tier 1 – Points Based System – Post Study, General, Entrepreneur and Investor as of December 2020 replaced with Global Talent, Start-Up, Innovator and Tier 1 (Investor)
- Tier 2 – Sponsorship of a Non-EU Migrant Worker (General & ICT)
- Tier 4 – Adult and Child Student Applications replaced with Student, Child Student and Study English in the UK (short-term study visa)
- Tier 5 – Youth Mobility and Temporary Workers.
- Points Based System (PBS) Appeals.
- Sponsorship License Applications on behalf of Employers.
Personal Immigration Matters includes:
- Marriage applications
- Civil partnership applications
- Unmarried and same-sex partner applications
- Applications for family members and dependents and visitor applications
Extension of Leave
- Indefinite Leave to Remain
- Limited and indefinite leave to remain for qualified victims of domestic violence
All types of Entry Clearance Applications, including:
- Sole Representatives and Domestic Workers
- Association Agreement Applications – Particularly under the Ankara Agreement. (replaced with EU Settlement scheme applications)
Applications under European Union Legislation
- Currently possible under EU Settlement scheme applications
Business Investors and Entrepreneurs immigration routes:
Overseaseas employees & UK employers
What is the ECHR?
The European Convention on Human Rights (ECHR) is an international human rights treaty between the 47 states members of the Council of Europe (CoE) - not to be confused with the European Union.
Governments signed up to the ECHR have made a legal commitment to abide by certain standards of behaviour and protect ordinary people's fundamental rights and freedoms. It is a treaty to protect the rule of law and promote democracy in European countries and beyond.
The Convention was signed in Rome in 1950, ratified by the UK in 1951 and came into force in 1953. Unlike the Universal Declaration, the European Convention on Human Rights contains rights which can be relied on in a court of law.
Why did the UK joined signed for ECHR?
The idea for the creation of the ECHR was proposed in the early 1940s while the Second World War was still raging across Europe.
It was developed to ensure that governments would never again be allowed to dehumanise and abuse people's rights with impunity, and to help fulfil the promise of "never again"!
All Articles of the Convention are very important, as they are defining and protecting the fundamentals of humanity.
Understanding Article 8 of the ECHR
Article 8 of the European Convention on Human Rights says:
- Everyone has the right to respect for his [or her] private and family life, his [or her] home and his [or her] correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 8 is not absolute. This means there are circumstances in which this right can, lawfully, be breached.
Human rights law recognises that people have the right to a family and private life, but also recognises that the state has the right to exercise immigration control.
Article 8 arguments for the right to remain in the UK are therefore always about weighing up these opposing rights – if you can prove that the breach to your Article 8 rights would be so serious that it outweighs the state’s right to remove/deport you (a “disproportionate breach”), you should be granted leave to remain. The Home Office may admit that they are breaching your Article 8 rights, but say that it is a proportionate breach when considering the other factors, and that your grounds to stay don’t outweigh the government’s right to exercise immigration control. Factors that count against you in these arguments are things like poor immigration history and criminal convictions. Factors that could be in your favour are family in the UK (particularly British children), lack of connection to your country of origin, length of time in the UK and community connections, and some medical and mental health needs. Read our Evidence page for information about proving these factors. Sometimes, the Home Office will say the breach of your family/private life rights is proportionate (or even that there will not be a breach) because your family members could leave the UK with you (even if they have the right to remain in the UK or even British citizenship), or they can keep in touch via social netwirks or by phone, email and occasional visits. You may be told by that you could make a human rights application based on “compelling” or “exceptional” circumstances. The Home Office’s position, however, is that the immigration rules cover the extent of the UK’s obligations under human rights law, and so any Article 8 family/private life case that could be successful would meet the requirements of the immigration rules. Nonetheless, the immigration rules cannot cover all the variety of people’s situations, and the courts have ruled that if a case does not meet the requirements of the immigration rules, Article 8 arguments should be considered outside of the rules.
Our Immigration Team consists of:
- qualified solicitors, namely Mr Ghulam Abbas and Mr Md Sajjadul Islam; and
- trainee solicitors namely Mr Richard Hopkin and Mrs Maria Hsiao; and
- immigration specialist caseworkers, namely Mr Muhammed Raza, who has more than eight years of immigration casework experience and Mr Tayyab Khan, who is a registered foreign lawyer and has more than three years of experience in immigration casework.
Our team is closely supervised by Directors, namely Mr Imtiaz Ranjha and Mr Salman Randhawa, who have more than eight years of post-qualification experience.