WH Solicitors

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WH Solicitors

Judicial Review

Judicial Review

Pricing

Overview

Where an application is refused by the Home Office and your only avenue is to challenge the decision is by way of Judicial Review.

There are three potential stages:

  • Stage 1 -Seek permission from the Tribunal to apply for Judicial review -can be granted on paper
  • Stage 2 -If refused, can request an oral hearing; or
  • Stage 3- If permission is granted either on paper or by way of an oral hearing then claim proceeds to a Substantive hearing claim

Must be lodged within 3 months of the refusal letter.

 

Our Fees

Our fees are charged on a low fee, no win basis and cover all work* required to submit a Judicial Review application:

  • Stage 1 fees are from £1500
  • Stage 2 fees are from £200
  • Stage 3 fees are from £1000

VAT may not be applicable in respect of this application.

 

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Court and Counsel fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. The likely disbursements are:

Stage 1 Court Fee:

  • £154
  • If the Court grants permission on paper there is a further court fee of £770
  • Counsel’s fee: £500- £1500 for drafting the grounds for the application

Stage 2 Court Fee:

  • £385
  • If the Court grants permission then further £385 is payable to the Court
  • Counsel’s fee: £600- £1200 for drafting renewal grounds and £600 to £1200 for attending the oral hearing

Stage 3 Court Fee:

  • No court fee
  • Counsel’s fee: £600- £1200 for attending the substantive hearing

 

What services are included

The work will involve:

  • File opening/Archiving;
  • All correspondences, emails, routine letters, telephone/video calls and meetings;
  • All inherent Administrative works;
  • Continuously assessing and advising the case;
  • Preparation of the Judicial Review application;
  • Instruct counsel to prepare grounds for Judicial Review
  • Review the grounds to check for accuracy
  • Go through the grounds with you
  • Prepare your Judicial Review bundle and lodge it with the Upper Tribunal
  • Serve a copy of the Judicial Review bundle to the Home Office
  • Inform the Upper Tribunal that the claim has been served to the Home Office
  • Review the acknowledgement of service from the Home Office solicitors and see if they are maintaining the refusal letter or if they want to concede and reconsider your case
  • If the Home Office defends the case, we will have to wait for the decision of the Tribunal on paper. We will advise you on the outcome of the Upper Tribunal decision
  • If the Home Office agrees to withdraw the refusal letter and reconsider, we will negotiate on the terms of the consent order
  • Providing advice regarding the outcome of the Application and any next steps.

*Our fee assumes that:

  • This is a standard case and the matter is concluded in a timely manner and no unforeseen complication arise.

*The costs quoted here do not include:

  • If your matter becomes overly complex and more work is required in order to prepare and submit an Application.
  • We will advise you if further work is required and the increase in our charges.
  • Where the Judicial Review application is refused, advice and assistance in relation to any further applications or actions.

 

 Processing timeframe

We will normally be able to submit this type of Application within 2-4 weeks of you instructing us. However, we will let you know at the earliest opportunity if it is likely to take longer than this.

We cannot guarantee how long the Court will take to process your Judicial Review application, but you should get a decision within 6 months.

 

 VAT

As mentioned in each Immigration category, if the Applicant is a UK resident, the fees will attract VAT. VAT is currently charged at 20%.

 

ADDITIONAL DISBURSEMENTS

For each Application, we have clarified the main disbursements.  The actual disbursement fees would depend on the Application type.

A list of the applicable Home Office fees can be obtained from the website: UK visa fees – GOV.UK (www.gov.uk)

As well as the Home Office Application fees, associated Appointment submission costs, Immigration Health Surcharge costs, UKVCAS costs and any required translation or courier costs, Applicants may also incur costs for the following (please note, however, that the below is not an exhaustive list of all possible costs and they do not apply to every type of Application):

 

Criminal Record Certificate:

  •  Applicants applying from outside of the UK will be required to obtain a Criminal Record Certificate from any country where he or she has lived for more than 12 months (whether continuously or in total) in the last ten years while aged 18 or over.
  • Costs for a Criminal Record Certificates will vary depending on the country from which they are obtained and will typically cost between £45.00 – £100.00.

 

Evidence of English Language:

Applicants may also be required to demonstrate their English language level by sitting a Home Office-approved English language test or obtaining documentation from UK NARIC to confirm that their degree was taught in English and it at least the equivalent of a UK Bachelor’s degree.

The cost of the English language test will vary depending on the country where the test is taken and the course provider, however these costs are typically £200.00.  The UK NARIC documentation will cost from £125 plus VAT, depending on the timescales and documentation required.

Tuberculosis Testing:

If the Applicant is requesting a visa with a duration of more than six months and the application is being made from outside of the UK, where the Applicant has been living in a tuberculosis-prevalent country for more than six months within the last 12 months, the applicant will also be required to obtain a certificate from a Home Office-approved tuberculosis testing clinic.

The cost of the Tuberculosis Test will vary from clinic-to-clinic; however, it is likely to cost from £50.00. A list of countries where a TB Test is required can be found at the link: https://www.gov.uk/tb-test-visa.

 

Subject Access Request:

As part of the preparation of your Application, you may wish to request your immigration records from the Home Office.

Such a request is known as a “Subject Access Request” and there is no charge to obtain your records.

 

Life in the UK Test:

Applicants for Indefinite Leave to Remain must sit and pass the Life in the UK test prior to the submission of their Application for Indefinite Leave to Remain.

The Life in the UK Test Fee is £50.00.

Applicants may also wish to purchase the Life in the UK textbook and other kinds of study material.  The cost of the textbook and study material will vary depending on where they are purchased.

 

TIMESCALE

For each Application, we have clarified the timescales entailed.

The timescales entailed are dependent on:

  • Application type
  • Individual circumstances of each Application and the
  • Visa expiry date

We will keep you fully updated of the progress of the Immigration Application.

 

EXPERIENCE & QUALIFICATIONS

All work will be undertaken by Waleed Hassan who is the firm’s Director and Principal Solicitor with over 14 years of experience in Immigration Law and Practice.

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.