Legal Aid

The firm has a contract to provide legal aid for advice and assistance at all levels of the asylum process and for Public Law Judicial Review challenges in the High Court, for those who qualify for it and are within our contractual area. For more information, please contact us and we can discuss whether you are likely to get legal aid before you even come in for an appointment.

Immigration bail is an application to a court for release, usually under certain conditions. When a detainee makes an application for immigration bail they are brought to an immigration court (the Immigration and Asylum Chamber of the First Tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should be maintained. The case may be presented by a legal representative and will generally be opposed by a Home Office Presenting Officer.

Immigration bail guidance

You can apply for immigration bail if the Home Office is holding you on immigration matters. This means you might be released from detention but you’ll have to obey at least one condition.

Conditions of your immigration bail

If you’re granted immigration bail, there will be at least one condition you have to obey.

You might have to:                                          

• report regularly to an immigration official
• attend an appointment or hearing
• be restricted on where you can live
• have an electronic monitoring tag
• have restrictions on the work or studies you can do
• obey any other condition decided by the person granting your bail

You or your financial condition supporter might have to promise to pay money if you break one of the other conditions of your bail. This is called a ‘financial condition’.

These conditions can be changed after you’re granted immigration bail.

If you do not follow the terms of your immigration bail you might:

• have your immigration bail conditions changed so that there are tighter restrictions
• be charged with a crime
• have to pay the money agreed at the hearing – or your Financial Condition Supporter might have to pay
• be returned to detention

Can I apply for immigration bail?

You can apply whether you’re held in an immigration removal centre, a detention centre or a prison. You must be held on immigration matters.

When you’re more likely to get immigration bail

You’re more likely to get immigration bail if you have a place to stay.

Your immigration bail application is also more likely to succeed if you have at least one ‘Financial Condition Supporter’. This is a person who:

• will pay money if you don’t follow the conditions of your bail
• can attend your bail hearing

Give information about where you’ll stay and your Financial Condition Supporters in the application form.

Immigration bail application refusal

You may find it harder to get immigration bail if you:

• have broken bail conditions in the past
• have a criminal record, and there’s a risk you might offend

If you were refused bail in the last 28 days, you won’t get another hearing unless your situation has changed significantly. If you are refused bail, you’ll get a written statement telling you why.

Contact Expert Immigration Solicitors

As Immigration bail solicitors based in the easily accessible area of Colchester, Chelmsford and London, we can assist in making an immigration bail application and represent the detainee in the immigration court.

For more information, please contact us at 01206500181 or send us an email- info@hs-legal.co.uk

An EEA Family permit is for nationals of countries outside the EEA who are family members of EEA nationals, wishing to come to the UK.  Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK.

How we can help about EEA family permit application?

We can help with your EEA Family Permit application and queries. Our expert team of lawyers can assist you with the preparation of your application to ensure that you meet with all the requirements of the relevant Immigration Rules, we will ensure that all key points are substantiated with documentary evidence thereby leading to a successful EEA Family Permit application, avoiding the unnecessary expense of re-submitting your application to the Home Office.

What is the EEA family permit?

A European Economic Area Family Permit (EEA family permit) is an immigration document that assists the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement or a Swiss citizen.

How long is an EEA residence card valid for?

• An EEA Family Permit will be granted for six months.
• An EEA Residence Card will be granted for up to five years, after which time an applicant may be eligible to apply for an EEA Permanent Residence Card.
• During their stay in the UK, applicants can work, study, marry and leave and re-enter the UK as often as required.
• An application for An EEA Residence Card can be made once an applicant has lived in the UK for at least five years.

EEA Countries:

Currently, the countries which make up the EEA are as follow:

• Austria;
• Belgium;
• Croatia;
• Cyprus;
• Czech Republic;
• Denmark;
• Estonia;
• Finland;
• France;
• Germany;
• Greece;
• Hungary;
• Iceland;
• Ireland;
• Italy;
• Latvia;
• Liechtenstein;
• Lithuania;
• Luxembourg;
• Malta;
• Netherlands;
• Norway;
• Poland;
• Portugal;
• Romania;
• Slovakia;
• Slovenia;
• Spain;
• Sweden; and
• The UK.

EEA Family Permit for ‘Family Members’

An EEA family permit is distributed overseas to nationals of countries outside the European Economic Area who are family members of EEA nationals.

Definition of a ‘family member’ is the following:

• Your husband, wife or civil partner;
• Your children or grandchildren (or the children or grandchildren of your husband, wife or civil partner) who are under 21 years of age or are dependent on you; and
• The parents or grandparents of you and your husband, wife or civil partner, if they are dependent on you.

It should be noted that if you are a student only your husband, wife or civil partner and dependent children have a right of residency. However, if you and your partner are not married or in a civil partnership, you must be able to show that you are in a sustainable relationship with one another.

Extended family members do not have an automatic right to live in the UK, such as brothers, sisters and cousins. In order to be considered, they must show that they are dependent on you.

If you do not fall under the definition ‘family member’ you cannot apply for an EEA family permit.

EEA Registration Certificate

An EEA Registration Certificate is available for EEA or Swiss nationals and is a document certifying your permanent residence in the UK under European law. This is available if you have lived in the UK for a continuous period of five years but it is important to note that you do not need a documentation establishing your right of residence in the UK if you are an EEA national.

EEA Residence Cards

If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a ‘vignette’), or it may be a separate document called an ‘immigration status document’. A residence card is normally valid for 5 years from the date when it is issued.

Documents you must provide with EEA Family permit application

For your EEA family permit application You must provide:

• a valid passport
• evidence of your relationship to your EEA family member, for example, a marriage certificate, civil partnership certificate, birth certificate or proof that you’ve lived together for 2 years if unmarried
• your family member’s valid passport or national identity card (or a certified copy if you cannot provide the original)
• proof of your dependency if you’re dependent on your EEA family member

EEA family members

For your EEA Family permit application your EEA family members will have to provide :

You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

• working, for example, an employment contract, wage slips or a letter from an employer
• self-employed (for example contracts, invoices or audited accounts with bank statements) and paying tax and National Insurance
• studying, for example, a letter from the school, college or university
• financially independent, for example, bank statements
• Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.

Why we provide the best legal advice in relation to an EEA Residence & Family Permit:

We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by theOffice of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa or permit including EEA family permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an EEA family permit application, thereby eliminating much of the stress of the application process.

Contact us for a successful EEA Residence & Family Permit applications:

Our experienced team of professionally qualified solicitors and barristers will guide you through the process of EEA family permit step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your human rights adviser; call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181

At some point in business, it is inevitable a problem or dispute will arise with a supplier, customer, or other third parties.

Whatever the situation we have the expertise to assist you in resolving the dispute. With extensive experience in dispute resolution and both High Court and County Court litigation, we will be able to guide you through the process of achieving a solution which is both effective and practical for your business.

Some of the areas in which we can assist are:

• Contract disputes
• Debt Collection
• Corporate and Shareholder Disputes
• Property and Landlord and Tenant Disputes
• Partnership Disputes
• Insolvency and Recovery
• Enforcement of Judgments

As recorded with Companies House, the Memorandum and Articles of Association of a Limited Company delineate the framework for its operation. However, in the context of a small privately owned company, this fails to afford the proprietor the essential safeguards and fails to adequately record the dynamics among shareholders.

What are agreements between shareholders?

Shareholder agreements, as their name suggests, consist of a pact reached by the company's shareholders. In some instances, it may exist solely between a subset of them. Its objectives are to safeguard the investment of shareholders in the company, to foster a fair relationship among shareholders, and to regulate the company's operations.

Why are shareholder agreements so crucial?

It is critical that a company's shareholders draft Shareholders Agreements that specify the following consequences:

The manner in which a shareholder wishes to resign, the manner in which the relationship is terminated, the valuation of the assets, and whether the shares are retained by the shareholder or if they are obligated to return to the company.
In the same way, in the event of a shareholder's demise, the valuation of his shares, whether they are transferred to his beneficiaries, or if they are mandatory to re-enter the company are all matters of concern.
In the event of an arm's length transfer of shares or an offer for the corporation, what transpires?
The operational procedures of the company, including which decisions require unanimous consent and which may be delegated to individual shareholders, on a daily basis.
In what ways can we be of assistance regarding shareholder agreements?
We recognise that no two businesses are identical and have prepared shareholder agreements for organisations of all sizes on behalf of our business services team.

We extend a complimentary preliminary consultation to deliberate on the critical areas for your organisation and provide you with a checklist containing the subjects that shareholders ought to deliberate and reach a consensus on during the process of establishing a business.

We can frequently provide the services of crafting a Shareholder's Agreement and implementing necessary protections for a fixed fee. Please contact us at 01206500181 for assistance.

We have years of experience purchasing and selling businesses and organisations of every size and variety.We have an experienced staff that can provide guidance on the purchase or sale of businesses or companies.

How can we be of assistance in the purchase or sale of a business?
If you are selling or contemplating the purchase of a business, company, or organisation, it would be highly beneficial for you to participate in our initial, no-cost interview so that we can clarify the necessary documentation and process that you will be required to adhere to.

We recognise that when you are purchasing or selling, you may need to act expeditiously without sacrificing the necessary security precautions.

Considerations to make when purchasing or selling a business

The purchasing or selling of a business entails the following:

The necessity of establishing non-disclosure and confidentiality agreements prior to or in the midst of negotiations
Every facet of due diligence
Developing Heads of Subjects
Assembling, negotiating, and finalising the business's sales/purchase agreements, as well as the disclosure letters and warranties that support the transaction.

Our expertise lies in providing guidance to businesses and their management teams throughout the entire negotiation process, from its inception to its conclusion.Please contact us at 01206500181 for assistance.

Although there is no legal mandate for business partnerships to establish Partnership Agreements, doing so is crucial for regulating the business relationship and ensuring that everything is in order. This is because the law fails to adequately address many issues that may arise in the contemporary business environment.
 

What provisions ought to be incorporated into partnership agreements?

IIt is critical that business partners record and communicate the following:

Regarding the allocation of the business's profits and deficits
In the event that a partner wishes to depart, the manner in which the partnership is terminated and the distribution of the business's assets and profits
In the event of a Partner's demise, what occurs to the business's assets and profits?
How the Partnership is managed on a daily basis, including which decisions require unanimous agreement and which can be delegated to individual Partners.
In what ways can we be of assistance regarding partnership agreements?
Our business services group has drafted Partnership Agreements for organisations of every size and nature. We recognise that no two enterprises are identical.

We provide a complimentary initial consultation to deliberate on the critical areas for your organisation. Additionally, we furnish you with a checklist that outlines the subjects that potential partners ought to deliberate and reach a consensus on during the process of establishing the business.

We are able to provide you with a fixed fee in numerous situations for the preparation of a Partnership Agreement and the implementation of the necessary safeguards. Please contact us at 01206500181 for assistance.

If your business has received a Civil Penalty under the Immigration Act, it is important to seek legal advice early on the appeal options open to you, to avoid delays and improve your chances of making a successful challenge.

What is a Civil Penalty under the Immigration Act?

All UK employers must by law – under Section 15 of the Immigration, Asylum and Nationality Act 2006 – ensure all employees have relevant permissions to work lawfully in the UK by conducting effective Right to Work checks. Through the civil penalty regime, UKVI ensures employers are compliant with the immigration rules.

Where businesses are found to be in breach of their immigration duties, a civil penalty for illegal employment may be served – up to £20,000 per breach.

The Impact of a Civil Penalty Notice can be far-reaching 

As well as the obligation to pay a hefty fine, a civil penalty for illegal employment may result in:

• Criminal prosecution
• Enforced debt action
• County Court judgment
• Tier 2 Sponsor Licence revocation
• Adverse impact on the ability to obtain future credit
• Disqualification of company directors
• Inclusion on the Home Office’s civil penalty offender list
• Bad press, reputational harm and a resulting hit on profits
• Business forced to cease trading

Objecting to a Civil Penalty for Illegal Employment 

If your business has been served a civil penalty under the Immigration Act, you may wish to consider your options to challenge the fine, to limit the financial, operational and reputational impact.

The appeals process is, however, complex, and you have a limited amount of time to weigh up the pros and cons and make a decision based on the options open to you.

The Home Office has the power to increase the level of the original penalty at the appeal stage – so it is important to proceed with an objection only where you are confident in the merit of your challenge following professional advice.

To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.