WH Solicitors
Judicial Review
Judicial Review: What Is It and Who Can Apply?
A Judicial Review is a way of challenging a legal decision made by the Home Office on an asylum case or human rights application. Judicial Review can also challenge a decision made by the Courts.
The Basis of a Challenge
A Judicial Review re-examines a case to see whether the correct procedures have been followed and that immigration law was correctly applied. It’s different from looking at an application and deciding whether that decision was right or wrong but more whether it was Illegal, unreasonable, or unfair.
Judicial Review vs. Appeal
An appeal is the appropriate course of action to follow if you believe the Home Office’s decision is wrong. It could be because they didn’t believe the evidence you put forward or the basis of your asylum claim.
Not every immigration or asylum application attracts a right of appeal. The letter you receive from the Home Office will tell you whether you can appeal their decision and if that can be done from within the UK.
Some right of appeal decisions are ‘certified,’ which means you can only apply from outside the UK.
Some immigration application routes carry the right to an administrative review: if that review is refused, you can apply for a Judicial Review. If there is no right of appeal or administrative review, then Judicial Review is the only option.
How do you Apply for Judicial Review?
There is a preliminary process that all applicants must go through called the ‘Pre-action Protocol’ or ‘Pre-action Stage.’ You or your legal representative will write to the Home Office, giving them an opportunity to correct the perceived error or to withdraw its decision. This letter is called a ‘Pre-protocol letter’ or PAP. It’s designed to save both parties the time and expense of a Judicial Review if the matter can be dealt with outside of Court.
If the Home Office stands by its decision after receiving the Pre-protocol letter, then the Judicial Review will progress to a permission hearing followed by a full hearing if permission is granted.
Should you Apply for a Judicial Review?
Obtaining a Judicial Review is very complex; most people cannot manage this without legal representation. It’s essential to understand the implications of representing yourself if you can’t afford legal fees or find someone to represent you.
The process is challenging to navigate if you are not legally trained. If you lose, you may need to pay all of the costs of the proceedings. Realistically, it is unusual for claimants who are unsuccessful in a Judicial Review to meet the expenses. However, the Home Office can refuse future applications if you have what is called a ‘litigation debt.’ An adverse judgement may impact future immigration applications or cases.
Using Judicial Review as a delaying tactic can backfire. A meritless application for Judicial Review can actually speed up the process of removal or deportation because a Judge may order that any more applications will not act as a bar to your removal from the UK.
Finding the right legal specialist is essential to reaching the correct view on whether Judicial Review is suitable for you and the likely chances of a successful outcome. A professional will handle all aspects of your case, making you more likely to achieve the desired result.
WH Solicitors, the Immigration Experts
WH Solicitors are immigration professionals with skill and experience in dealing with Home Office refusals and applications for Judicial Review. Our specialist team offers clear, strategic, cost-effective advice and practical support.
Why Use WH Solicitors?
WH Solicitors’ experienced team of specialists represents clients in all aspects of the immigration process, including appeals and Judicial Review. Our charges are transparent for each stage of the review process, and there are no hidden costs.
Here’s how we can help.
- Review your case and consider all possible options, including an appeal, a human rights application, a fresh application, as well as a Judicial Review
- Approach the Home Office and ask them to correct their error or withdraw their decision – this is Pre-protocol action
- Represent you at a hearing for permission to apply
- Represent you or brief a barrister to represent you at a full Judicial Review hearing
The decision to apply for Judicial Review can be strategic and is based on carefully considering your unique circumstances and immigration journey.
Frequently Asked Questions
What are the alternatives to a Judicial Review?
If an alternative remedy exists, such as a right of appeal or administrative review, then it is not possible to lodge a case for Judicial Review. Professional advice from the outset is essential so that you know your options should your application fail.
If I can’t afford a lawyer, will I be able to get Legal Aid?
Legal aid is usually only available for Judicial Review if permission to proceed is granted. Legal aid will not be available if you have had a hearing or appealed on the same or a very similar issue within the last twelve months. Because legal aid is only granted when there is formal permission for a Judicial Review, any work undertaken by a lawyer beforehand, such as assessing the merits of your case and applying for permission for review, will be at your expense. Consequently, many legal aid lawyers will only take on Judicial Review applicants if they have a strong case in case their work remains unpaid. Most people seeking Judicial Review pay their own legal costs. An initial review of your case will cost between £1,000 – and £2,000; the costs for a full hearing will be on top of this. Some lawyers offer a fixed fee arrangement, but it’s essential to have an open conversation about costs before you start the process.
Contact WH Solicitors for expert advice on all aspects of immigration applications, including the right of appeal and Judicial Review. Our specialist team makes the whole process less daunting and can set out your options and next steps in a clear and easy-to-understand way. We are entirely open about your chances of success and how much each stage of the review process will cost, so you are always fully informed.
The contents of this webpage are provided for informational purposes only and are not intended to constitute legal advice. All information is correct as of the date of publication, and any individual or organisation should be careful to seek qualified advice from a specialist immigration lawyer before acting on any of the topics referenced by this content.
WH Solicitors
Global Mobility
The Secondment Worker visa is intended for overseas workers who are taking up a temporary work position in the UK as part of a high-value contract, investment, or project. This is a brand-new visa scheme that was launched by the Government alongside reforms to other types of Global Mobility Visa.
There are strict entry requirements for anyone who wishes to apply for a Secondment Worker visa. This makes it even more important to put forward the strongest possible application with supporting evidence to demonstrate exactly why you qualify and how you’ll be an asset to your employer and the organisation you’ll be on secondment to.
This guide explains more about the Global Business Mobility: Secondment Worker visa. Read on to learn more about how the experienced WH Solicitors team could help you to file a successful visa application.
Contact the Team
H2: What is the Global Business Mobility Visa Scheme?
On 15 March 2022, the UK Government launched a new set of visa schemes under the revised points-based immigration system. The Global Mobility visa scheme was established at this time, and provides skilled workers with a variety of routes to enter and work in the UK for a temporary period.
H2: Global Business Mobility Visa –Requirements for Secondment Workers
To qualify for a Global Business Mobility – Secondment Worker Visa, you will need to show that you meet the relevant requirements. You must:
- Get a valid Certificate of Sponsorship from a UK employer with a sponsor licence from the Home Office.
- Have been approved for a secondment to a UK business or organisation that has a contract with your overseas employer for the work that you will do.
- Have worked for your overseas employer, or a member of the same business group, for at least 12 months before making an application.
- Have been sponsored for a job that is on the government’s list of eligible occupations.
- Be paid at least the minimum eligible salary for the role you are taking.
- Be able to show that you have sufficient funds to maintain yourself when you come to the UK.
H2: Getting a Certificate of Sponsorship
To get approved for a Secondment Worker visa, you will need a valid Certificate of Sponsorship from a UK business that has received a sponsorship licence from the Home Office. The sponsorship certificate will provide details of the work that you will do whilst in the UK, and show that your overseas employer is connected to the secondment business by common ownership or control.
In some cases, the Home Office may consider whether there is a genuine need for the job described in the Certificate of Sponsorship. They may also wish to investigate the sponsor’s history with the immigration system to determine whether they are likely to comply with the relevant rules including those relating to pay and working conditions for migrant workers.
H2: Visa Conditions
Once you have been approved for a Secondment Worker visa, you will be able to stay in the UK for the shorter of either a period of 12 months, or for a maximum of 14 days longer than the date shown on your sponsorship certificate.
Whilst in the UK, you will be permitted to work for your sponsor in the job that is described on your certificate of sponsorship, start an educational course and study, bring your dependant partner, spouse or children to the UK if they are eligible, undertake voluntary or charity work, and travel overseas and return to the UK.
Secondment Worker visa holders are not permitted to do the following:
- apply for public funds, most benefits, or the State Pension;
- change to another job without updating their visa;
- take on a second job;
- apply for Indefinite Leave to Remain to stay in the UK permanently.
H2: How We Can Help
WH Solicitors is a specialist immigration law practice that offers expert advice and practical help that allows businesses and individual migrants to navigate the UK legal system. We make it easy for clients to apply for a visa and assist companies as they apply for a sponsorship licence.
For a personal, professional approach to immigration law, contact our expert team today by calling (+44) 01483 608 786 or by emailing contact@whsolicitors.co.uk.
Contact the Team
Secondment Worker Visa
FAQs
Yes, all Global Business Mobility visa routes require sponsorship from an employer with a valid sponsorship licence. You will not be able to gain leave to remain as a secondment worker without a valid certificate of sponsorship.
When applying for a Secondment Worker visa, you will usually need to pay:
- the £259 application fee; and
- the healthcare surcharge for each year of your stay in the UK.
You will also need to show that you have enough money to support yourself and any dependants when you come to the UK.
If you will not be coming to the UK on secondment for a project or major contract, you will need to apply for leave to remain under another visa category and will not be able to attain a valid certificate of sponsorship.
Applications for a Secondment Worker visa can be made up to 3 months before the day you intend to start work in the UK. This date should be listed on your certificate of sponsorship.
Once your application has been submitted, it could take up to three weeks for a decision to be made if you are applying from outside the UK, or 8 weeks if you’re already in the country.
The contents of this webpage are provided for informational purposes only and are not intended to constitute legal advice. All information is correct as of the date of publication, and any individual or organisation should be careful to seek qualified advice from a specialist immigration lawyer before acting on any of the topics referenced by this content.