As the pre-eminent set of barristers in the UK for immigration law advice, we have helped many people successfully secure visas allowing them to live, work, study, invest and do business in the UK. We are committed to defending their rights to do so.
Garden Court barristers work at the forefront of immigration law, with deep knowledge of Home Office policy and the strict requirements of the Immigration Rules. Our team draws on significant experience of the setbacks that can beset applications from individuals for immigration visas.
Our expert barristers don’t just work with the documents you provide to them. They add real value to your case by spotting weaknesses in the case being put, and aim to spot lines of enquiry for strengthening the evidence.
How we can help
- Expert legal advice on the requirements for the full range of visa categories for you and your family
- Identifying the best visa category for you and an independent assessment of your success prospects
- Meticulous preparation of applications for the best chance of success
- Helping you identify any gaps in your evidence
- Advising on what to expect during the application process
- Making sure that you are properly prepared for interviews
- Helping to plan the speediest and most realistic route to settlement (ILR)
- Drafting strong representations highlighting the merits of your case, citing the latest and most relevant legal provisions and precedents to ensure success
- Unrivalled expertise in appeals, administrative review and judicial review applications when an application is refused, including representation in court
Tier 1 investor visa
This visa is for individuals who can make a substantial financial investment in the UK. Applicants need to have access to at least £2 million (or equivalent in another currency) and be willing to invest these funds in actively trading UK companies.
Investor visa holders are allowed to work, study and engage in business activities. They can also bring their partner and any dependent children to live with them in the UK. The UK investor visa typically leads to settlement in the UK after a period of five years, although this can be accelerated in cases where a higher investment in the UK is made.
A barrister could usefully assist with your application as we specialise in explaining exactly how evidence satisfies fixed legal requirements. We can help navigate the complicated provisions as to what kinds of investment can be relied upon. Investors have been the subject of much speculation by government decision makers in recent years. There is often concern as to the origin of the investment funds. Applications can be refused because of good character, conduct and associations. We have specialist knowledge of which arguments are most effective in combatting these concerns.
Persuading decision makers that an application should be granted is our speciality. And if you’ve been refused, then counsel is often best placed to make the precise and concise arguments that are likely to obtain a speedy reversal of the decision – or set your case up for a legal challenge if really necessary.
Main requirements for a Tier 1 Investor visa
To qualify for a Tier 1 Investor visa, you will need to show that:
- you are aged 18 or over
- you want to invest £2 million or more in active and trading UK registered companies
- your funds are held in one or more regulated financial institutions
- your funds are free to spend (‘disposable’) in the UK
- the money belongs to either you and/or your spouse, unmarried or same-sex partner
- the provenance of your funds (‘source of funds’) is acceptable to the Home Office, with specific criteria (and evidence) for funds held for less than two years
- you and any dependants (over 18 years old) applying from overseas can produce overseas criminal records certificates for any country that you have been present in (continuously or cumulatively) for a period of 12 months, in the last 10 years before you make your application
There is no English language or separate maintenance requirement for entry into the Investor route.
The specific documentation that is required for an Investor visa will vary depending on your circumstances and where/how your funds are held, so it is useful to take advice from an expert immigration barrister.
Investor applications can raise various complicated issues, especially in relation to source and provenance of funds. We can advise you on:
- how best to present your application
- providing the best evidence first time round in relation to source of funds
- the quickest route to settlement (ILR)
- demonstrating control over your investment funds
- provision of funds from third parties
- the permissibility of certain investments
- allegations regarding the genuineness or credibility of an investment
- applications to waive requirements of the Rules at the Home Office’s discretion
- challenging refusals via administrative or judicial review
visas for setting up businesses: innovators, start ups and entrepreneurs
Tier 1 INNOVATOR VISA
This visa is for experienced business people seeking to establish a new business in the UK. It was introduced in March 2019 to replace the Tier 1 (Entrepreneur) visa. The business must be innovative, viable and scalable (i.e. capable of speedy growth) and you must have access to £50,000 to invest in it, or have already invested this amount, although certain exceptions apply.
Those who qualify for an Innovator visa can bring their partner and any dependent children to live with them in the UK. Innovator visas are valid for three years and can lead directly to Indefinite Leave to Remain (settlement) in the UK at the end of this period.
The latest Immigration Rules allow the Home Office to second guess the opinion of endorsing bodies. So an application can be refused because a civil servant thinks the proposed business is not sufficiently viable, innovative or scalable. Instructing counsel to review your proposed application for common pitfalls may save costs and time down the line. And if you’ve been refused, then counsel is often best placed to make the precise and concise arguments that are likely to obtain a speedy reversal of the decision – or set your case up for a legal challenge if really necessary.
Main requirements for an Innovator visa
Before you apply you need to have your business or business idea assessed by a Home Office approved body, known as an Endorsing Body. If the body is satisfied that your business idea is innovative, viable and scalable, and that you will spend your entire working time in the UK on developing your business venture, they will issue you with an endorsement letter.
To be eligible you must also:
- have access to at least £50,000 to invest in your business (or have already invested it), although certain exceptions apply;
- have had at least £1,270 in your bank account for 28 consecutive days before you apply;
- be at least 18 years old;
- demonstrate proficiency in the English language.
The requirements for settlement (ILR) are likely to be tough-going. You need your Endorsing Body to remain on board, continue to endorse you and provide an endorsement letter. Then the business must meet at least two out of the following seven requirements (to be confirmed in the endorsement letter):
- a minimum of £50,000 invested into the business with the aim of furthering the objectives in the business plan
- in the 3 years prior to the ILR application, the number of customers has at least doubled and currently the number is higher than the mean number of customers for UK businesses offering comparable services or main products
- the business has engaged in ‘significant research and development activity’ and applied for intellectual property protection in the UK
- the minimum annual gross revenue of the business has reached £1million in the last full year covered by its accounts
- the minimum annual gross revenue of the business has reached £500,000 in the last full year covered by its accounts. Of the £500,000, at least £100,000 must be generated from overseas exports
- generation of the equivalent of a minimum of 10 full time jobs for resident workers
- generation of the equivalent of a minimum of 5 full time jobs for resident workers with an average gross annual salary of £25,000
We can advise you on how best to present your case to achieve settlement sooner rather than later.
Tier 1 START-UP VISA
This visa is for individuals who have an innovative, scalable business idea that they want to launch in the UK. This category was introduced in March 2019 to replace the Tier 1 (Graduate Entrepreneur) route, but is open to all applicants starting a new business for the first time in the UK, not just to graduates.
Those who qualify for a Start-up visa can bring their partner and dependent children to live with them in the UK. The Start-up visa does not lead directly to settlement, but the idea is that those who qualify can switch into the Innovator route to continue to grow their business and then ultimately apply for settlement.
Main requirements for a Start-up visa
Before you apply you need to have your business or business idea assessed and endorsed by an approved body, known as an Endorsing Body. This will be either a UK higher education institution or a business organisation with a history of supporting UK entrepreneurs.
Your business idea must meet the following criteria for endorsement:
- innovative: a new idea – you cannot join or invest in a business that is already trading. It must be an original business idea which is different from anything else on the market;
- viable: the business idea must be realistic and achievable; and
- scalable: with potential for growth.
To be eligible you must also:
- be at least 18 years old
- prove that you have enough personal savings to support yourself while you’re in the UK. You need to have had at least £1,270 for the main applicant in your bank account for 28 consecutive days before you apply
- demonstrate proficiency in the English language
Tier 1 ENTREPRENEUR VISA (NOW CLOSED TO NEW APPLICANTS)
The Tier 1 Entrepreneur visa category was created for applicants who wanted to invest in a new or existing business in the UK. This route is now closed to new applicants from 29 March 2019. However, if you currently have leave in the Tier 1 Entrepreneur category you can continue to apply to extend your stay until 5 April 2023 and apply to settle in the UK as a Tier 1 (Entrepreneur) until 5 April 2025.
If you are a Tier 1 (Graduate Entrepreneur) or you previously held leave as a Tier 1 (Graduate Entrepreneur) and have since switched into the Start-up category, you can switch into the Tier 1 (Entrepreneur) category until 5 July 2021. You will be able to apply to extend your stay as a Tier 1 (Entrepreneur) until 5 July 2025 and apply to settle in the UK as a Tier 1 (Entrepreneur) until 5 July 2027.
Tier 1 Entrepreneur Visa extension
You can apply to extend your visa if you:
- registered as a director or as self-employed no more than 6 months after the date you were given permission to stay in the UK in the Tier 1 (Entrepreneur) category
- can prove you’ve been self-employed, a member of a partnership or working as a director of a business three months before you apply
- created at least two full time jobs that have existed for at least 12 months
- can continue to support yourself and any dependents
You must have invested into one or more UK businesses either £200,000 in cash or £50,000 in cash, depending on the amount your initial application was based on.
Entrepreneurs often face problems with satisfying the highly technical requirements of the Rules. Garden Court barristers have real expertise in maximising your chances of obtaining extensions of leave leading to settlement (ILR). We can help you show how you:
- meet the job creation requirements
- have a genuinely viable ongoing business
- have genuinely invested relevant funds
- have made the required registration requirements
- should benefit from discretion outside the Immigration Rules making applications for requirements of the Rules to be waived at the Home Office’s discretion
spouse or partner visa
If you are married to, or in a civil partnership with someone settled in the UK and you wish to stay in the country with them, or come and join them in the UK, you can apply for a visa as a spouse. You can also apply as the unmarried partner of a person settled in the UK, if you meet certain requirements. Spouse and partner visa holders have a full right to work and study in the UK.
Additionally, you can apply as a fiancé, fiancée or proposed civil partner and your initial grant of leave will be 6 months in the UK during which time you can get married and then switch into the spouse category. You will not be able to work in the UK during your engagement.
In order to qualify for a UK spouse/partner visa you will need to show that:
- your spouse/partner is British or holds Indefinite Leave to Remain
- you are both over the age of 18
- you and your spouse/partner have met in person
- you meet the English language requirements
- you will be adequately maintained in the UK without recourse to public funds
- you intend to live with your spouse/partner and have adequate accommodation
You will also need to prove that the relationship is genuine and subsisting and you fall into one of the following categories:
- you are in a civil partnership or marriage that’s recognised in the UK
- you’ve been living together in a relationship for at least two years when you apply
- you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving
How long can you stay?
The initial visa is granted for 33 months if you applying from outside the UK and 30 months if your application is made from inside the UK. After this time you may apply for an extension of your visa in the UK for 30 months. After five years, you may be able to apply for Indefinite Leave to Remain.
To prove that you can be adequately maintained in the UK without recourse to public funds, you will need to show that your Spouse/Partner (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:
- £18,600; plus
- £3,800 for a first child (who is not British, settled or an EEA national); plus
- £2,400 for each additional child (who is not British, settled or an EEA national)
Human rights grounds for issuing of Spouse visas
If you don’t meet the above requirements you may still be able to apply for a visa or extend your permission to stay if:
- it would breach your human rights to stop you coming to the UK or make you leave
- there would be significant problems (“insurmountable obstacles”) for you and your partner if you lived together as a couple outside the UK that could not be overcome
- you have a child in the UK who is a British citizen or has lived in the UK for seven years and it would be unreasonable for them to leave the UK
The Garden Court immigration team has real expertise in every kind of partner application. We can help you with:
- strengthening your application by identifying the most useful evidence to avoid the chance of refusal
- meeting the standard immigration rules by presenting your case in the most cogent way
- calculating how to meet the financial requirements, having regard to third party support and other possibilities: or identifying compelling reasons for why they should be waived
- explaining why refusing your visa would be disproportionate to your family and private life
- demonstrating that there are insurmountable obstacles preventing a couple from moving abroad
- showing that a child’s removal would be unreasonable
- finding and instructing experts such as independent social workers regarding the strength of relationships and impact of a loved-one’s departure on children and other family members
- addressing the particular arguments arising in same sex applications
child and adult dependant relative visa
If you are settled or applying for settlement in the UK and have children who depend on you, they may be able to come to the UK to live with you. Your child can apply for indefinite or limited leave to enter or remain in line with your immigration status as their parent.
Main requirements for a Child visa
In order to qualify it will need to be shown that:
- the child is related to the parent or other relative as claimed
- the child is under 18 years of age
- the child is not married, in a civil partnership or leading an independent life
- there is adequate accommodation and maintenance for the child, without relying on public funds
The UK sponsor will need to show that they have a gross annual income of at least £18,600 plus £3,800 for a first child (who is not British, settled or an EEA national) plus £2,400 for each additional child (who is not British, settled or an EEA national). Different considerations may apply if the UK sponsor is receiving certain benefits.
Indefinite or limited leave to enter or remain
An application for indefinite leave to enter the UK as a child may be appropriate in a range of circumstances where a child is coming to the UK to join one or both parents.
An application for limited leave to enter or remain in the UK as a child may be appropriate where the child’s parent is applying for, or has already been granted, entry clearance or leave to remain as the partner of a British citizen or settled person in the UK.
When only one parent lives in the UK, there is still the possibility of applying when:
- the UK parent has “sole responsibility” for the child’s upbringing
- there are “serious and compelling” considerations that mean that it would be undesirable to exclude the child from the UK, the child may also be granted leave to enter to stay with another relative who is not a parent
We can help ensure that:
- routine applications don’t miss out important information
- appropriate evidence from the family and any relevant expert is obtained
- the complex requirements for “sole responsibility” including all legal and practical considerations are properly evidenced
- a fully rounded case is put showing all relevant serious and compelling” considerations
Adult Dependant relative visa
If you are the adult relative of someone who is settled or applying for settlement in the UK, and you depend on them for care, you may be able to come to the UK to live with them. This route is only available to applicants outside the UK.
Main requirements for an Adult Dependant Relative visa
In order to qualify, you will need to show that:
- the person you depend on is a close family member (e.g. son, daughter, grandson, granddaughter, sibling or parent)
- the person you depend on is over 18 and either a British citizen, settled in the UK or a person with leave as a refugee or humanitarian protection status
- you require long-term personal care as a result of age, illness or disability
- you can’t get the required level of care in the country where you are living, even with the practical and financial help of your family member in the UK
- you will be adequately maintained, accommodated and cared for in the UK by your family member, without recourse to public funds. Evidence must be shown that this will be the case for five years
These criteria are hard to meet, as most sponsors who can afford to support their dependent relative for five years in the UK will find it hard to prove that they cannot afford to provide care for that relative in their country of origin.
EU law may give more generous rights to some individuals: our expert barristers will be able to advise you on whether EU law has any bearing as Brexit progresses.
We can assist you in:
- ensuring that you show the Entry Clearance post that every step has been taken to find alternative care abroad
- identifying gaps in social care for elderly relatives abroad
- making sure that the medical evidence from doctors and other relevant medical practitioners cover all relevant issues
- demonstrating the strength of your family life
- relying on the latest case law and principles of race discrimination and historic injustice to show that a refusal would be disproportionate
If you are a non-EEA national who wishes to visit the UK on a temporary basis you must apply for the appropriate visitor visa.
Main requirements for a Visitor visa
For a visitor visa application, you will need to satisfy UK Visas and Immigration that you are a genuine visitor. This means that you:
- will leave the UK at the end of your visit
- will not live in the UK for extended periods through frequent or successive visits, or make the UK your main home
- are genuinely looking to enter the UK for a purpose that is permitted in the visitor routes and will not undertake any activities that are not allowed
- have enough funds to cover all reasonable costs in relation to your visit without working or accessing public funds
There are complex requirements setting out precisely what activities are permitted during a visitor’s stay in the UK. Occasionally the visitor route can act as a gateway for businesspeople coming here.
Entry clearance posts have very precise expectations of the kinds of evidence that needs to be supplied to them. We can advise you on the best evidence that you can seek out. And then we can help you to present your case in the most persuasive way to maximise your chances of success. We can help to:
- explain misunderstandings arising from past applications
- put your family’s immigration history in the best possible light
- explain connections abroad to show that visiting family members have effective ties ensuring they will leave at their visit’s end
- demonstrate the strength of family life ties between the intended visitor and their family here
Standard Visitor visa
The Standard Visitor Visa is intended for short-stay visitors coming to the UK for a wide range of permitted purposes including:
- tourism and leisure
- visiting friends and family
- undertaking business activities
- having private medical treatment
Each subcategory has different qualifying requirements that will need to be demonstrated to UK Visas and Immigration. The usual length of stay is up to six months, but academics may secure 12-month visas and those visiting for private medical treatment may be allowed to stay for up to 11 months depending on their circumstances.
Marriage/Civil Partnership visa
This visa is for people who wish to visit the UK to marry or form a civil partnership, or give notice of a marriage or civil partnership. In order to qualify for a Marriage Visitor visa you will need to prove that you are in a genuine relationship and you are free to give notice of marriage and to marry or enter into a civil partnership in the UK within six months of your arrival.
Permitted Paid Engagement visa
This visa allows stays of up to one month for specific paid work that you have been invited to undertake by a UK based organisation or client. This category is open to arts, entertainment and sporting professionals, visiting examiners and lecturers, designated air pilot examiners and qualified lawyers. The engagement in the UK must be relevant to your expertise or employment overseas and you will need to show evidence confirming this.
Non-EEA nationals who wish to study in the UK must apply for a student visa. Qualification for this visa requires individuals to score 40 points under the points based system. A valid confirmation of acceptance of studies (CAS) issued by the educational institution counts for 30 points, and a further 10 points are awarded for the student’s ability to pay for their course and support themselves in the UK.
Main requirements for a Student visa
To qualify for a student visa, it will have to be shown that:
- you have been offered an unconditional place on a course with an educational institution holding a Tier 4 Sponsor Licence;
- you can support yourself and pay for your course without relying on public funds.
Tier 4 General Student Visa
This is for students over the age of 16 years old. In order to qualify, most applicants are required to attend an interview with UK Visas and Immigration, and prove that they are a genuine student and their English is at the required level. There are certain requirements that must be met regarding the nature of your course, and a time limit on studies of two years below degree level, and usually five years at degree level and above.
If you qualify for the Tier 4 General Student visa and have dependents, you can bring them to the UK while you are studying. You will need to show that you can support them without recourse to public funds.
We can help students to:
- demonstrate that their studies are genuine
- explain past misunderstandings that have arisen
- fight allegations about their immigration history and about the genuineness of documents they have previously relied on
Tier 4 Child Student visa
This is for child students aged 4 to 17 years old. Applicants will need to have written consent from parent(s) or legal guardian(s) confirming that they can travel to, and live independently in, the UK.
Children between 4 and 15 years old must be educated at independent fee-paying schools. Those aged 16 or 17 may study at publicly funded Further Education Colleges if they are paying fees as an international student.
The amount of money required to show the child can be supported depends on their care arrangements in the UK. Students aged 16 and 17 are permitted to work part time in term time and full time during holidays.
returning resident visa
If you were previously settled in the UK and have been away for more than two years, you will need to apply for a returning residents visa before travelling. You can also apply for a Returning Resident visa if you have been away from the UK for less than two years, but you are concerned that your entry to the UK may be refused by the Immigration Officer.
Main requirements for a Returning Resident visa
To qualify, you will need to satisfy UK Visas and Immigration that you:
- plan to return to live in the UK permanently
- had indefinite leave to remain in the UK when you last left
- were not given public funds to help you leave the UK
- there are good reasons for you to be admitted as a returning resident
Good reasons may include having strong family ties in the UK, or having lived in the UK for most of your life, but there may be other reasons.
If you have raised a human rights claim as part of your application and it is refused, you will have a right of appeal against the decision.
We can assist you to:
- show the strength of your UK connections and explain why you stayed abroad for the time you did
- present your application so as to have the best chance of obtaining a right of appeal if it is refused
domestic workers in a private household visa
Non-EEA national domestic workers in private households will need to apply for this visa in order to visit the UK with their employer. Once granted, it is valid for a period of up to six months. Domestic workers include cleaners, cooks, nannies, chauffeurs, and people providing personal care for the employer and their family.
Main requirements for a Domestic Worker in a Private Household visa
Applicants will have to demonstrate to UK Visas and Immigration that they:
- have worked in the same household as their employer or one they use regularly for at least 1 year
- plan to travel to the UK with their employer, their partner or children
- intend to work as a full-time domestic worker in a UK household their employer will live in
- plan to leave the UK at the end of 6 months or at the same time as their employer, whichever is sooner
- are able to support themselves in the UK without the need for public funds
It will also need to be proven that the worker’s employer:
- is a British or EEA national who usually lives outside the UK, or a foreign national who is coming to the UK on a visit
- does not intend to remain in the UK for more than 6 months
- will pay the domestic worker at least the national minimum wage
If the employer breaks any immigration laws while in the UK, the domestic worker could lose their visa.
The immigration barristers at Garden Court have particular expertise in this category and can assist by:
- advising on the requirements in detail and assessing the merits of any proposed application
- strengthening your application by identifying the most useful evidence to avoid the chance of refusal
- meeting the standard immigration rules by presenting your case in the most cogent way
- advise in relation to any change of circumstances once you are in the UK in this category
- provide strategic advice and merits on challenging any refusals
Conditions of the Domestic Worker in a Private Household Visa
Workers who qualify for this visa are not allowed to access public funds; to live in the UK for long periods through frequent visits; or to bring family members or dependents, who must apply separately. Those who hold this visa are allowed to stay in the UK while their employer takes a short trip to another country; to travel abroad and return to the UK to complete their stay (with proof of ongoing employment); and to change employers.
Domestic workers and the right to change employer
Previously, domestic workers were tied to their original employers as a condition of their visa. This requirement came under criticism as it could expose workers to modern day slavery and abuse. However, since April 2016, domestic workers are permitted to change employers after they have been granted entry into the UK. Overseas domestic workers who can prove they are victims of abuse, slavery or trafficking may be granted leave to remain in the UK for up to two years.
global talent visa
This UK visa category is for those who work in a qualifying field and have been endorsed as world leaders (exceptional talent), or who have the potential to become world leaders (exceptional promise). Applicants can be endorsed in the fields of science, engineering, humanities, medicine, digital technology or arts and culture. The Global Talent route replaced the Tier 1 (Exceptional Talent) route, which closed to new applicants on 20 February 2020.
A barrister could usefully assist with your application as we specialise in explaining exactly how evidence satisfies fixed legal requirements. Persuading decision makers is our speciality. And if your application has received a refusal, then counsel is often best placed to make the precise and concise arguments that are likely to obtain a speedy reversal of the decision – or set your case up for a legal challenge if really necessary.
Requirements for a Global Talent visa
Applicants must have their applications endorsed by Home Office approved Endorsing Bodies. Individuals themselves must choose which Endorsing Body to approach, and it depends on their particular specialism. They are divided into three categories:
- (i)disciplines covered by Arts Council England or its associated bodies (British Fashion Council, Royal Institute of British Architects, Producers Alliance for Cinema and Television)
- technical or business skills covered by Tech Nation; and
- disciplines covered by science, engineering, humanities and medicine (The British Academy, The Royal Academy of Engineering, The Royal Society, UK Research and Innovation)
Each of the above organisations has its own criteria for endorsement, but all will require a substantial body of work and support from experts in the applicant’s field.
Conditions of the Exceptional Talent visa
An individual can choose how long they want to stay in the UK and can request up to a maximum number of 5 years on each application and there is no limit on the total period in the Global Talent route.
Whilst in the UK, Global Talent visa holders are allowed to work for themselves or other employers and change jobs without the need to inform the Home Office. They can bring dependent family members with them (who must apply separately). Those who hold this visa are not allowed to access public funds and must pay a healthcare surcharge for the duration of their stay at the time of submission of their application or extension.
Exceptional Talent Visa holders can apply to extend their visa when it runs out, or apply for settlement. Individuals who were endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI may apply for settlement after 3 years. This also applies to those endorsed under the Exceptional Talent criteria by Arts Council England (or associated bodies) or Tech Nation. Five years residence is required if you were endorsed under the Exceptional Promise criteria by Arts Council England (or associated bodies) or Tech Nation.
Garden Court barristers can help you to make the most effective application, including writing representations in support of your case to be recognised as a leader in your field by an Endorsing Body.
immigration visa refusals
The British government has a goal to bring net migration down into the tens of thousands, even in the face of strong opposition to what some believe is an unrealistic target. Immigration officials refuse visa applications on even the smallest grounds, often with no option to appeal the refusal, meaning you may need to submit a new application entirely or apply for Judicial Review.
Our expert barristers have an in-depth understanding of the complex rules surrounding visa applications and the ever-changing field of immigration law. If your visa is refused, we can tell you if there are human rights grounds on which an appeal can be mounted. We can advise you on the merits of making a fresh application or challenging the decision in court.
Where you have a right of appeal, we can help you to fully understand the refusal decision and plot the best course for winning your case before an independent judge. Where there is no appeal right, if the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can usually make an Administrative Review application.
And where Administrative Review is not available or fails, then we have the expertise to take your case onwards if the decision to refuse your application was unlawful, unreasonable or unfair. We can pursue Judicial Review claims, drafting persuasive grounds and providing representation at hearings.
The team at Garden Court is fearless, principled and strategic, fighting hard to achieve the best possible outcome for our clients.
- provide advocates who have appeared in similar cases many times, and who know just how to ensure your case really impresses the judge
- help you to prepare well-written and persuasive witness statements for appeals
- work with you to make sure your case is well prepared early enough that the Home Office may reconsider your case before you go to court
- identify useful lines of enquiry regarding evidence about your country of origin
- help you to identify expert witnesses who can help you properly evidence your case, and then liaise with those experts
- write persuasive skeleton arguments citing the latest and most relevant case law
- spot the kinds of flaws in Home Office decisions that can lead to reconsiderations at the Administrative Review stage
- obtain reconsiderations of your case by writing persuasive Pre Action letters in Judicial Review claims
- structure and stage our fees to ensure that our expertise is affordable
Why choose Garden Court?
Garden Court’s Immigration Team is recognised as the pre-eminent set of barristers in the UK for immigration law advice. We are the only set of barristers awarded the highest ‘Band 1’ status for immigration law advice by the independent Chambers Bar Guide rankings. You can be assured your case will be handled with unrivalled levels of expertise.
We know the immigration system from end to end, and have seen every kind of problem. Our barristers have appeared in many of the cases that have shaped immigration law in the UK. We understand the way that government decision-makers and judges think, and are thus very well placed to advise on how best to present a case from the earliest stages. All of the leading guides for immigration lawyers have been written by members of our immigration law team.
If your case is really important to you, then you may well want to instruct a senior barrister who is well known in the immigration Tribunal system and has very extensive legal experience. You may alternatively prefer to instruct a ‘junior’, who will still be experienced and knowledgeable, but can handle cases more cost-effectively. We have a barrister to suit every situation, backed up by a sophisticated support team that helps you every step of the way.