If a non-British worker wishes to come to the UK for purposes of work, they are not simply able to apply for a visa without sponsorship (work permit/job offer) from an employer.  The potential employee is required to have a job offer from an organisation willing to employ them before they can apply.

If an employer wishes to recruit worker(s) from outside of the UK, they are required to have a Sponsor Licence.  This enables them to issue “certificates of sponsorship” (virtual work permits) to potential employees so they can get their visa. This is also now applicable to recruiting employees from the European Union.

An organisation can apply for a sponsor licence for work visas under the following categories:

• Skilled worker
• Intra company transfer
• Ministers of Religion/temporary worker – religious
• Sports person visa
• Temporary worker – charity
• Temporary worker – government authorised exchange
• Temporary worker – international agreement
• Temporary worker – seasonal

In this article we will focus on applying for a Sponsor Licence for a skilled worker.  We are, however, able to assist you in deciding which category is suitable for your business.  Please contact one of our Immigration Solicitors for information on the other categories.

To apply for a Sponsor Licence, an employer must submit evidence to show that it is a genuine employer with a lawful trading presence in the UK.  The Home Office will look at whether the organisation is “honest, dependable, reliable” and capable of meeting the responsibilities that it expects from sponsors.

They will check the following:

• That the sponsor has the human resource and recruitment systems in place to meet, or continue to meet their sponsor duties — the Home Office will judge this by either visiting the sponsor before or after the licence is granted
• That the Home Office are able to visit and conduct checks to ensure that the sponsor duties are being complied with on an immediate, unannounced basis; this includes checks at any physical addresses where the sponsored employees would carry out their employment duties
• That the sponsor can offer a genuine vacancy which meets the criteria of the category the sponsor is applying to be licensed for. This means that the vacancy is required to meet the skill and salary threshold of worker route being applied for.
• If any of the key personnel within the business have an unspent criminal conviction for a relevant offence
• Any evidence of previous non-compliance by the sponsor

The Home Office will assess whether a business truly needs the role they are wishing to sponsor, by examining the business type and the people they already employ to see if the sponsored role makes sense within their current structure.

When submitting the application, the sponsor is required to accumulate and submit several documents to support their application.  The documents required can vary from your Employers Liability Insurance certificate to evidence of registration as an employer with HM Revenue and Custom.  The documents required for each sponsor may differ, please contact our Immigration Solicitors to discuss what is required for your application.

The Home Office requires the organisation to nominate certain individuals to take on roles in respect of the sponsor licence.  The people nominated must be primarily based in the UK.

The main roles are:

• Authorising Officer – Ideally it should be someone who has some involvement with recruitment and/or HR as they will be ultimately responsible for the sponsor licence and to ensure that the sponsor licence duties are met.
• Key Contact – this person is the main point of contact with the Home Office. A legal representative can undertake this role, and it is recommended we do so as we can chase the application on your behalf if needs be.
• Level 1 user – responsible for all day-to-day management of the licence via access to an online portal, the sponsorship management system (SMS). At the application stage this has to be an employee but once the sponsorship licence is secured, others, including representatives, can be set up as level 1 users, or level 2 users who are able to undertake certain limited tasks on the SMS.

It is important to carefully consider whether anyone nominated has a criminal record or previous adverse involvement with the Home Office. Applications for sponsor licences can be refused due to the character and past behaviour of the key personnel. The Home Office can and will run its own checks on nominees.

The Home Office will also want to know that the organisation has the HR or recruitment systems in place to meet the sponsorship duties that an employer effectively signs up to when they become a sponsor.

Sponsorship duties

Sponsorship duties include reporting certain information about sponsored workers via the Sponsorship Management System (SMS). The report must be made within ten working days of the event occurring. Reportable events include a delay in a start date or change in work location for a Skilled Worker.

They also include keeping detailed records on sponsored workers, such as contracts of employment, salary details and evidence that a vacancy is genuine.

The Home Office can visit organisations as part of the Sponsor Licence application process to check that their systems are robust enough. This will usually occur if the application is deemed high risk in some way, or if the sponsoring company is newly formed.  If an organisation has not received a visit during the application process, a sponsor can be inspected by the Home Office at any point while they remain a sponsor licence holder.

During a visit the inspector will want to check the sponsor’s HR systems and speak to the authorising officer. They can also request to interview sponsored employees to ensure that the vacancy they have filled is a genuine one.

If the Home Office finds evidence that the employer is not meeting their duties, their licence can be suspended or even revoked — meaning their sponsored workers will have their visas curtailed. This puts the worker at risk of losing their job and their right to remain in the UK.  Additionally, this will have operational impact and reputation damage for the employer.

Submitting the sponsor application?

The Sponsor Licence application must be completed online.  We at RKB Law will assist you in completing your application, which then has to be submitted by you, the sponsor.  Once the online form is submitted, a fee is paid depending on the size of the organisation: £536 for a small company or a charity and £1,476 for a medium or large company.

The organisation then has five working days from the point of submission to send their supporting evidence to the Home Office.

Getting a decision

Decisions can take up to eight weeks to come through.  The Home Office has recently introduced a service to expedite a Sponsor Licence application for an extra fee of £500 which will ensure an application is decided within 10 working days.

The sponsor will be emailed with the result of the application and if successful they will be granted a licence valid for four years from the date of decision. This will usually be an “A-rated licence” which means they will be granted access to the sponsor management system via login details for the nominated user. The organisation can then start sponsoring workers.

If the application is refused, there is no right of appeal against this decision and a six-month cooling-off period will kick in. This prevents the sponsor from making another application during this time period.

We at RKB Law understand the Sponsor Licence process and will assist you in deciding the appropriate licence type required by you.  We will provide advice of eligibility requirements, sponsorship licence costs, compliance duties and required action plan to ensure your application is successful.  We will assist you in completing the skilled worker sponsor licence application online and work with the authorising officer to submit the application within the required timescales. This will include preparing a compelling business case evidencing that the applying business is a genuine organisation and explaining the organisations need for a sponsor licence.  Please contact us on 01622 641054 or email us on info@rkb-law.co.uk, to discuss how we can assist you.

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On this rear occasion, on an application by the BBC and Sky, the Court of Protection lifted reporting restrictions to enable the media to report on this case, so that awareness could be raised of the difficulties that Tony and his family have been facing, along with many other families in similar situations.

Ravinder Brar has been selected as the Lawyer of the Week in recognition of the important issue in the case and her hard work in representing the parents to seeking justice for Tony Hickmott.

The local authority and the CCG are yet to find accommodation for Tony but the legal team for the parents consisting of Ravinder Brar from RKB Law, barristers Oliver Lewis and Aswini Weereratne QC from Doughty Street Chambers, are maintaining their efforts to secure a suitable home for Tony close to his parents.

Lawyer of the week: Ravinder Brar, who successfully acted for the parents of a 44-year-old man with autism, who was detained in a hospital for about 20 years | Law | The Times (archive.md)

The post The Times Lawyer of the Week – Ravinder Brar appeared first on RKB | Solicitors | Law |.

In order to be eligible for naturalisation, you must meet the following criteria:

• be over 18
• prove you were in the UK exactly 5 years before the day the Home Office receives your application
• prove your knowledge of English, Welsh or Scottish Gaelic
• have passed the life in the UK test
• intend to continue living in the UK
• be of good character

Continuous residence in the UK

Most people will need to live in the UK lawfully for at least five years before they can apply for naturalisation as a British citizen. There are different rules in the British Nationality Act 1981 for those who are married to a British citizen and those who are not.

If married to a British citizen, you can apply for naturalisation after three years of living lawfully in the UK.  However, before being able to apply for Naturalisation you must have permanent immigration status (indefinite leave to remain).  It usually takes around five years for a spouse of a British Citizen to qualify for a permanent residence.  Additionally, you are required to have indefinite leave to remain for at least one year before applying for naturalisation.  So, the earliest you can apply for naturalisation under this route is after you have lived lawfully in the UK for 6 years.

However, if a person married to a British citizen managed to get permanent status within three years of beginning residence in the United Kingdom, he or she would be eligible to apply for naturalisation at the end of that three-year period.

Absence from the UK

There are also rules on the maximum amount of time that a person can spend outside the UK during their qualifying residence period. These are referred to as absences from the UK.

The maximum permitted number of full days absent from the UK for those married to a British citizen is 270 days in total during the three years leading up to the application for naturalisation, no more than 90 of which can fall during the final qualifying year.

The maximum permitted number of full days absent from the UK for those not married to a British citizen is 450 days in total during the five years leading up to the application for naturalisation, no more than 90 of which can fall during the final year.

In either case, if a person has overstayed or otherwise broken their period of lawful residence, the clock is usually reset and the countdown to qualifying for naturalisation will begin again.

Knowledge of language and life in the UK

All applicants for naturalisation must show sufficient knowledge of English, Welsh or Scottish Gaelic, and “sufficient knowledge about life in the UK”.

To pass the English language requirement, applicants will need to come from an English speaking country, have a degree taught in English, or pass an approved English language test. For the life in the UK element, the applicant must have passed the Life in the UK test.

There is discretion to waive the language and life in the UK requirement where it would be unreasonable to expect the applicant to fulfil it because of age or physical or mental condition. The language and life in the UK requirement will normally be waived where the applicant is aged 65 or over.

Intention to live in the UK

Those not married to a British citizen have to demonstrate an intention for their principal home to be in the UK.  Evidence of a home in the UK will generally be enough to discharge this requirement, though the Home Office may investigate further.

Good Character

The Home Secretary will only naturalise a person of “good character”. There is detailed guidance to Home Office caseworkers on what this means. Checks will be made in relation to criminal offences and financial solvency. Certain immigration and nationality decisions are now exempt from section 4 of the Rehabilitation of Offenders Act 1974. This means that it does not matter whether a conviction is “spent” when assessing good character.

Oath

You must also take an oath of allegiance to Her Majesty the Queen at a formal citizenship ceremony.

Fee

At time of writing this article the application fee is £1,330 of which £80 applicable to the administrative costs of the ceremony will be refunded should you application be refused.  Please click on the following link for further information on fees. https://www.gov.uk/government/publications/fees-for-citizenship-applications/fees-for-citizenship-applications-and-the-right-of-abode-from-6-april-2018

Challenging refusal of nationality decisions

There is no right of appeal to a court against refusal to grant nationality. There is however, a mechanism similar to administrative review where a formal reconsideration request can be made on Form NR. An application for reconsideration carries a fee.

Ultimately, if that is refused, the only remedy would be judicial review. Our immigration solicitors are experienced in public law and judicial review work and can advise if this is appropriate in your case to challenge a refusal decision.

Contact our specialist immigration solicitors for advice on 01622 541054 or info@rkb-law.co.uk , as we can talk you through the process and assist you in completing your application.  Alternatively, please get in touch using our contact us form and we will give you a call within 24 hours.

The post Applying for British Nationality appeared first on RKB | Solicitors | Law |.

Right of way disputes are also far more common than you may imagine for landlords. These can make it extremely difficult or even impossible for you to be able to keep the access you need to your property.

Keep reading to become updated with property law and discover how you can benefit from specialist public law advice when it comes to both purchasing land and right of way disputes.

What Landlord Legal Services Are Available?

There is a wide variety of legal services available from public law solicitors. They deliver strategic advice to help landlords to manage the letting process from the outset of purchasing land.

Often property owners invest in landlords legal services that help to avoid court proceedings being issued. Whether you have a portfolio of 1 or 100 properties, the same issues are relevant to you and you will be held accountable for the same laws and legislation’s.

Public law solicitors are able to provide legal advice and assistance regardless of whether a dispute has already arisen or proceedings are being issued. There are a wide array of issues which you may require advice on, including tenancy agreements and rent deposits, guarantees, termination, extensions, termination, possession and much more.

At RKB Law, our dedicated Landlord Law solicitors deliver expert services for landlords on a variety of issues. We can assist you with the following Landlord Legal Services:

• Landlord and Tenant
• Public Law & Judicial Review
• Home
• Immigration
• Community Care
• Drafting tenancy agreements
• Complying with tenancy deposit scheme requirements
• Human Rights & Civil Liberties
• Court of Protection & Mental Capacity
• Equality & Discrimination
• Taking the right action regarding tenants who are in rent arrears or in breach of their tenancy agreement
• Disrepair issues including defending landlords in County Court claims for disrepair brought by tenants
• Ending a tenancy and recovering possession of the property

How Do You Deal with Right of Way Property Disputes?

Right of way disputes may be a common issue for property owners but that does not mean they are always simple to resolve. The most common cause of a right of way dispute comes from an individual assuming that an area of land belonging to someone else which they were using for access either belonged to them or was public property.

Often, right of way disputes can cause difficult issues if an individual has been using an area of land for some time before a landlord opts to reassert his rights over it. This is a complicated issue and therefore requires technical knowledge and experienced public law solicitors in order to come to the right conclusion for all parties involved.

Businesses can also suffer in a big way from right of way disputes. For example, it may be stopping customers get to your premises and therefore having a detrimental impact on the success of your financial turnover. Regardless of whether it is an organisation or individual experiencing a right of way disagreement, it is vital that this is solved as soon as possible to minimise the distress caused to both parties.

It is far more cost and time effective to avoid having to go through the court systems during a right of way property dispute. Instead, an agreement or easement can usually be met without the need to go through the courts.

An easement allows for someone to enter/use someone else’s land for a specified purpose. This compromise of sorts essentially allows someone to enter a property without having any ownership of it. An easement can be formed in multiple different ways.

A necessity can be granted in which an area of land has a right of way usage for the public. This plot of land will have right of way over a path, track or road leading to it only if this is the only means of access between that area and the public highway. When an individual is evidenced to be carrying out a trespassing act repeatedly without the landowner’s permission for a period of at least twenty years then a prescription is often adjudged.

As is usually the best form of solution, an express grant is achieved where both parties are able to agree over a Deed of Grant. This grant can be achieved with the legal help of public law solicitors and will ultimately state the terms of the easement.

What Are Property Solicitors?

Property solicitors are at hand to help with a wide variety of both landlord and tenant housing matters. The likes of housing disputes can be hugely stressful for everyone involved. A property solicitor will ensure you reach the best outcome possible for your specific case whilst minimising the stress involved.

Ultimately, it does not matter at what stage along with the dispute you are in your Housing Law issue, property solicitors will act fast and dynamically to resolve the case as soon as possible.

RKBLaw’s experienced and expert property solicitors can assist in in all areas of housing law for both landlords and tenants, including issues involving:

• Claims for disrepair and compensation
• Service charges disputes
• Possession proceedings
• Rent deposit disputes
• Discrimination claims
• Eviction proceedings

Expert Help Is at Hand

RKB Law has experience offering consultancy and advice for a wide array of public law issues. We can help advise you with any issue you are having in regards to purchasing land, right of way and any other form of tenancy disagreement or issue.

Our public law and property Solicitors will guide you in any Landlord & Tenant matter or issues arising with housing authorities, housing applications, tenants, landlords, ownership, and repairs. Our Housing Law team also represents clients in the courts, always ensuring that clients receive the highest level of representation and assistance throughout their case.

RKB Law Solicitors have years of experience in working with a variety of cases associated with immigration. Get in contact today for further information.

The post Purchasing Land, Right of Way & Property Law Update appeared first on RKB | Solicitors | Law |.

As a result, many people take up the legal assistance of immigration law solicitors in order to give them the best possible chance of a successful outcome. Professional advice is available for people with all types of applications for entry clearance and leave within the UK.

Is your child living in the UK illegally? If so, we will provide all the necessary information for you to take the correct course of action and clear up how the current UK immigration law affects families. 

Does Your Child Have a Valid Visa?

Essentially, a non-British child born outside the UK and EU will require a visa to enter and stay in the UK.  Your child will not be living legally in the UK if they did not arrive with a visa and they have not since obtained one. If they have stayed longer than their visa detailed they would have “overstayed” and this is illegal. 

It is vital to apply for a valid visa for your child if they are currently staying illegally. A legal visa will mean they have the right to stay in the country lawfully. There are multiple reasons why it is essential to apply for a UK visa for your child if they are currently staying illegally, such as: 

• The application is far easier for those under the age of 18. Obtaining a UK visa can be a far more difficult and arduous process when a child reaches adult age.
• A valid UK visa will mean that your child is able to stay within full-time education, as paid for by the government, after the age of 16.
• When they get older they will legally be able to work or claim benefits as a recognised citizen. They will not be able to do this without a legal UK visa. 
• Another benefit of applying for a visa for your child is that, if their application is successful and you are currently staying illegally, then you may ultimately be able to stay as well. 

Ultimately, it is absolutely vital that, if your child is currently staying in the UK illegally, that you obtain specialist from an expert immigration law solicitors. It is essential to do this as they will be able to advise you on the best means of obtaining legal immigration status for your child. If you are also living within the UK illegally, then they will be able to advise your on the best course of action as well.

What Should I Do If My Child Is Living in the UK Illegally?

It is essential that, if your child is not currently living in the UK legally, you do something about it. If not, this could have a detrimental impact on their future life chances and ability to live and work in this country as an adult. 

In terms of obtaining a valid British passport, there are two major different routes you should take. Much of this will likely depend on whether your child was born inside or outside of the UK. Maidstone immigration law solicitors can advise you on the best course of action for your specific situation.

Applying for Leave on the Grounds of Private Life in the UK

If your child was born outside of the UK, then your only real option is that they apply for ‘leave on the grounds of private life’. People who have a child who was born in the UK still frequently apply for this visa status.

As part of this immigration application, under 18-year-olds will have to prove that they have lived in the UK continuously for a minimum of 7 years. This is needed as evidence to show that it would be unreasonable to expect them to leave the UK after all this time. This would be strengthened further if you can prove they need to continue their education in this country.

Often applications are granted on the condition that the child will be unable to claim or receive benefits once they get to age 18. However, you can apply to remove this in certain cases. If your immigration application is successful you could possibly still have to renew it every two and a half years (which will cost £1033). You may also have to pay a £1,000 NHS fee every time you renew as well.

Applying on the basis of your private life like this must be done online. You will have to prepare various documents and information to provide as part of your application. However, it is important to bear in mind that family members cannot apply on the same application and will be considered separately if they are also living illegally in the UK. 

Registering Your Child as a British Citizen

If your child has lived in the country for 10 or more years then you can register them as a British citizen. It is vital that you enlist specialist help to do this, as it can be a complicated and difficult process and not everyone is successful. 

Registering your child as a British citizen is ultimately the best option you could take, as it brings with it the following benefits:

• They will have the right to work legally within the UK and be subjected to the same working rights (e.g. minimum wage).
• After the age of 16 they will be able to continue full-time education as provided by the UK government (e.g. staying on for post-16)
• Free NHS healthcare will be legally available to them
• They will be eligible to apply for and receive benefits in the future. 

Getting Expert Immigration Law Advice

Those who have not trained for decades in UK immigration law may feel lost when sifting through legal guidelines and technical jargon. Nationality and immigration law are complex areas governed by many complex legislative provisions, rules, and regulations.

Professional advice and help is available for people with all types of applications for entry clearance and leave, to remain in the UK. Whatever your individual situation, immigration law solicitors are on hand to help you with your situation. With clear and honest legal fees, we’re here to help.

RKB Law Solicitors have years of experience in working with a variety of cases associated with immigration. Get in contact today for further information.

The post Children And The Law: How UK Immigration Law Affects Families appeared first on RKB | Solicitors | Law |.

To help with this expenditure, legal aid is available to certain individuals. Legal aid can help with the costs of legal advice, representation in a court/tribunal and even family meditation. However, this aid is not available for everyone. There is certain criteria that must be met to qualify for legal aid. Depending on your specific situation, there will be a set amount of financial support you will be eligible for.

It is vital that you are aware of whether legal aid you maybe eligible for legal aid prior to beginning any court or tribunal procedure. The following information will serve as a guide on what is the legal aid eligibility criteria and how Maidstone solicitors can help you. 

What is Legal Aid?

Legal aid is financial support available to help with various aspects of court and tribunal procedures. In order to qualify for financial aid, you will have to prove various things to meet the eligibility criteria. 

In summary, the criteria for obtaining legal aid is proving that your issue is serious enough to go to court and that you cannot afford to pay for legal costs on your own. You may also be required to reimburse some money towards the legal costs of your case back at a later date. 

However, the specifics of each situation are obviously more nuanced than this. Some of the common instances in which you can qualify for legal aid include (but are not limited to): 

• Where there is significant risk of losing your home and/or homelessness
• Yourself or your family are at risk of abuse or serious harm (e.g. domestic abuse or cases or forced marriage)
• You have been or are being discriminated against due to race, age, religion, sex, sexual orientation, physical disability or gender
• You are facing prison or detention as a result of being accused of a crime
• Where family mediation is deemed to be necessary (e.g. partners going through a divorce with children)
• You want to appeal or challenge against a decision the government or a public body has made against you (e.g. through a judicial review)
• Where you require representation at a mental health tribunal or inquest

Will Legal Aid Cover the Whole Costs?

Maybe. The majority of cases result in the individual either having to pay some proportion of the costs upfront or alternatively paying back some of the cost if you win money or property from the case. However, full cover is available in some specific circumstances. 

There will be a charge or claim made against any money or property that you resultantly win in a case funded by the Legal Aid Agency (LAA) – this is known as the ‘statutory charge’. In cases in which this is your home, payment will often be deferred. This will then result in the debt being placed as a charge on your home, similar to a mortgage. 

Criminal cases, which fall under the category of public law, work somewhat differently to others in regards to legal. Essentially, if you’re questioned at a police station then you’ll be entitled to free legal advice. Those under 16 (or under 18 still in full-time education) will be automatically entitled to legal aid for legal representation in court as well. 

How Does Funding Work with Private Solicitors?

Many individuals going through legal and court procedures choose to work with experienced private solicitors who can guarantee the best results from your case. However, it is a common misconception that these engender the best results and also that they will necessarily have to pay the highest price.

The services of solicitors is still available for those seeking legal aid. RKB Law Maidstone Solicitors holds a contract with the Legal Aid Agency in Community Care law which means you can receive free funding if you qualify for legal aid in this area of law which includes cases concerning representation in the Court of Protection and Administrative Court. 

This will allow us to represent you lawfully and produce the best possible results from your case. In order to discover if you are eligible for this free funding, you will need to apply for approval from the UK Government’s Legal Aid Agency. 

Our friendly team are on hand to explain how Legal Aid scheme work and whether you qualify to receive this. It is also worth knowing that non-means-tested Legal Aid is available for Deprivation of Liberty Safeguard (DOLS) cases under Section 21A of the Mental Capacity Act 2005.

For any advice or guidance regarding the legal aid eligibility criteria and whether you could receive expert legal advice from our Maidstone solicitors, contact us today.

What If I Don’t Qualify for Legal Aid?

For those who are not entitled to legal aid, this does not necessarily mean that the professional help of an expert solicitors is no longer an option. Ultimately, the total price will be dependent on the specifics of the case and the experience of the fee earner carrying out the work.  

The following provides a guide to applicable hourly rates for expert Maidstone solicitors legal advice:

RKB Law maidstone solicitors will advise you of the likely cost straight from the beginning, meaning you are never kept in the dark regarding any final prices. You will also be kept informed of progress throughout your case and we will let you know immediately if the estimate of costs that were initially given have to be revised for any reason. 

To help you better understand the financial options available, RKB Law offer a free initial consultation for assessment of your case.

How RKB Law Can Help You

Affordability is a big concern for most people who require the services of a Maidstone solicitors. Operating in the Maidstone and Kent area, RKB Law we pride ourselves on providing transparent, price-efficient and good value solicitors services for all of our clients. 

For further information regarding RKB Law Solicitors wide range of legal advice services, simply get in contact today

The post What Is The Legal Aid Eligibility Criteria & How Can Solicitors Help? appeared first on RKB | Solicitors | Law |.

Public law is clearly distinguished from private law, which governs relationships between individuals and private companies. Instead, public law will deal with matters involving the legal rules and principles which allow for public bodies to exercise power. 

Matters of public law will frequently go to a Judicial review. This will involve a court proceeding(s) in which a judge reviews the lawfulness of an incident involving a public body and another individual.  For many individuals who are not trained in UK law, this can be a daunting prospect. Therefore, public law solicitors are on hand to support you through each stage of the legal process. 

RKB Law solicitors provide an expert service to ensure that you understand any steps you need to take throughout the judicial review and public law appeal process. Keep reading to discover what principles public law solicitors follow and how you could benefit. 

Public Law Explained

Broadly defined, public law is the set of legal principles, rules and laws which govern the exercise of power which can be taken by public bodies. Examples of public bodies include (but are not limited to):

• Local authorities
• Government departments
• The prison service
• Coroner’s courts
• Housing associations
• Health authorities (such as the NHS and other hospitals or clinical commissioning groups) 

Public law is an essential part in the way which our British government and society as a whole operate. It is a vital means of regulating the unequal power dynamic between the government and the public which our society operates within. The only body that is able to make decisions regarding the  rights of individuals and how they must operate to stay within the law is the government. Therefore, it is important that an individual citizen has the opportunity to challenge decisions made by an authoritative body, else risk falling under a society which echoes the power dynamic of totalitarianism. 

Most public law cases come down to where a public body has failed to to act in accordance with human rights and public law principles. Failure to act in a lawful, reasonable or rational way can be challenged through a number of processes. Public law solicitors can assist you through these multiple processes to produce the best result possible.

What Classifies as Wrongdoing by a Public Body?

First and foremost, a wrongdoing by a public body is the failure to act in accordance with the law.  Secondly, it is the failure to act reasonably, fairly and rationally. Public bodies are required to only act and make decisions in ways in which they have full legal authority to do so and to never use their powers for improper practice. 

Whilst acting responsibility and always following fair procedures, public bodies also hold a duty to follow the principles of certain acts, such as the Equality Act 2010. This act was formed as the basis of anti-discrimination laws within the UK and holds three primary statutory instruments to protect against discrimination or prejudice within employment and in public law spheres regarding the disability, sexual orientation, race, gender, religion or age. 

Is Judicial Review the Best Option for Me?

Judicial review is one of the ways in which you can challenge a decision made by a public body. If a potentially unlawful act is made by a public body or if the decision making process is unfair then this can be challenged in this way. 

A complaints procedure is another way in which public law solicitors can help you challenge the decision or action made by a public body.  Judicial review is most appropriate to challenge the way in which a decision has been made, rather than the rights and wrongs of the which has been conclusion reached. 

Essentially, the warrant of a judicial review can be boiled down to a wish and means of challenging the way in which a decision has been made, rather than the ethical or moral “righteousness” of the conclusion itself. If the correct procedures have been followed in a lawful manner by a public body, then a judicial review is not likely to be successful. This is because judicial reviews will generally prioritise correct and lawful practice over what is subjectively considered to be “right”.

However, it is important to bare in mind that the success of a judicial review is not the be all and end all of challenging the actions made by a public body. There are alternative means of challenging this through public law solicitors, for example, appealing against the decision to a higher court.

How Can Public Law Solicitors Help You?

Different actions made by public bodies can be challenged in various ways. However, what ties these together is that, if there are grounds to an appeal, you will be required to follow a certain lawful procedure in order to produce a successful result.

Some public bodies have complaints procedures you can follow. Alternative dispute resolution services also exist to lodge claims through, such as an ombudsman scheme you can complain to. However, If there is no right of appeal, and no effective alternative remedy, the best means of challenging a decision will probably be by judicial review.  It is essential that a claim for judicial review is made within 3 months of the decision under challenge. 

Public law solicitors will help you to select the most appropriate means within which to challenge this decision, but also in producing the best result possible and handling it in the right manner. RKB Law have years of experience in working with public authority cases and judicial review proceedings. 

Get in contact today for further information regarding RKB law solicitors wide range of legal advice services. 

The post What Are The Public Law Principles & How To Effectively Challenge A Public Law Decision? appeared first on RKB | Solicitors | Law |.

In certain circumstances a child will automatically be a British national and you may not be aware of this.  In this situation the child will not be registered as a British citizen and you can just apply for their first British passport.

A Child’s Right to British Citizenship

There are two ways that a child can automatically be a British citizen: by ‘descent’ and ‘otherwise than by descent’.

For clarification these definitions mean:

“British citizen otherwise than by descent” is someone who can pass their citizenship onto a child born overseas and would be a British citizen as a result of being born, adopted, naturalised or, in most cases, registered in the United Kingdom or a qualifying territory.

“British citizen by descent” cannot normally pass on citizenship to a child born overseas. A British citizen by descent could have become such a citizen in a number of ways – for example:

• by birth outside the United Kingdom to a parent who was a British citizen otherwise than by descent
• by registration

Children Born in The UK

Under section 1(1) of the British Nationality Act 1981, a person born in the UK between 1 January 1983 and 30 June 2006 (inclusive) is a British citizen if, at the time of their birth one or more of the following applies:

• their parents are married and either parent is a British citizen
• their parents are married and either parent is settled in the UK
• their parents are married and either parent is a member of the armed forces and the person was born on or after 13 January 2010
• their mother is a British citizen
• their mother is settled in the UK
• their mother is a member of the armed forces and the person was born on or after 13 January 2010

Under section 1(1) of the British Nationality Act 1981, a person born in the UK on or after 1 July 2006 is a British citizen if, at the time of their birth, one or more of the following applies:

• either parent is a British citizen
• either parent is settled in the UK
• either parent is a member of the armed forces and the person was born on or after 13 January 2010

A person is ‘settled in the UK’ if they have indefinite leave to enter or remain or permanent residence.

So, a child born in the UK after 1 July 2006 where at the time of their birth either of the parents were British citizens or settled in the UK, the child is automatically born a British citizen otherwise than by descent and there is no need to apply for registration.

Children Born Outside The UK

Entitlement to nationality where the parent is a British citizen other than by descent

Under section 2(1)(a) of the British Nationality Act 1981, a person born outside of the UK on or after 1 January 1983 is a British citizen at birth, if at the time of birth, either parent is a British citizen ‘otherwise than by descent’.

For children under 18, a parent who is a British citizen otherwise than by descent does not need to register the child as a British national and can simply for a first passport.

Entitlement to nationality where the parent is a British citizen by descent

A child born outside of the UK to a parent who was British by descent maybe entitled to register as a British citizen whilst they are under the age of 18 and

• the child and both of their parents were in the UK for a 3-year period ending with the date of the application.
• the child and both of their parents have not been absent from the UK for more than 270 days in that 3-year period.

Where the parents have divorced or one parent has died, only the child and one of the parents needs to meet the residence requirement.

This would be particularly relevant where a British citizen by descent has relocated to the UK having previously lived outside and has non-British children who have needed entry clearance/leave to remain in the UK.  After three years of residing in the UK, provided the children and parents have not been absent from the UK for more than 270 days, could apply for registration.

Registration of a Child as British Citizen

A child who is not born British, may be entitled to British nationality by registration through birth or by satisfying the criteria for registration at discretion.  An application to the Home Office for registration as a British citizen needs to be made under these circumstances.

There are a number of provisions under the British Nationality Act 1981, pursuant to which the child would have the right to become British.

• Registration of a child born in the UK to a parent who has become a British citizen or settled since the child’s birth

Children are entitled to registration under section 1(3) of the British Nationality Act 1981 if:

• they were born in the UK
• they were not British citizens at birth because at the time neither parent was a British citizen or settled
• while they are minors either of the parents has since become a British citizen or settled in the UK
• they are under the age of 18 on the date the application is received
• they are of good character if over the age of 10

Children and adults are entitled to registration under section 1(4) of the British Nationality Act 1981 if:

• they were born in the UK
• they were not a British citizen at birth as at the time of birth neither parent was a British citizen or settled in the UK
• they are aged 10 years or over on the date of the application
• they have lived in the UK for the first 10 years of their life
• they have not been outside of the UK for more than 90 days in each of the first 10 years of their life
• the Secretary of State is satisfied they are of good character

Registration under section 1(3) gives British citizenship otherwise than by descent.

Discretionary Registration

Where a child is neither born British nor has any entitlement under the BNA 1981, the Home Office has the discretion to register the child, provided that they meet the criteria for discretionary application for registration.

The criteria is:

• the applicant is under 18 at the date of the application
• if aged 10 years or over on the date of application the applicant is of good character
• the Home Secretary thinks fit to register them

Under its discretionary the Home Secretary may use discretion in exceptional circumstances to register a child as British where the number of days spent outside of the UK by the child exceeds 90 days.

Summary

It is important to note that even if where a child is not British at birth, has no entitlement to registration under the British Nationality Act 1981 and does not meet the usual discretionary application requirements, the Home Office has a wide discretion to register any child where the case is exceptionally compelling or compassionate.

A child born in and outside the UK to a parent who is British citizen other than by descent will automatically be a British citizen and registration is not necessary.  The parent can apply for a first passport for the child.

A child born in the UK where neither parent was a British citizen at the time of his/her birth but has since and whilst the child is under 18, become a British citizen or settled in the UK, will also be eligible to apply for registration as a British citizen.

It is possible for a British citizen by descent to register a child who is born outside the UK as a British citizen where the child and parents have lived in the UK for three years ending with the date of application and have not spent more than 270 outside of the UK in that period.

Applications for registration, particularly discretionary registration are complex and will require detailed documentary evidence to be submitted in support of the application.

Contact immigration solicitors at RKB Law to discuss your nationality case.  Our dedicated solicitors are experts in this complex area of law and can guide you to success in your application.   Our team can be contacted on 01622 541054 or email info@rkb-law.co.uk

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What is UK Immigration Law?

One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable”. Immigration law in the UK is however difficult to understand, with complicated badly written rules which can be changed at short notice so it’s unpredictable. There is further uncertainty due to constant changes in relation to the latest Brexit deal.

As it stands, any citizen of an EU member state can come to the UK to live and work. Post-Brexit, EU citizens will be broadly subject to same rules as non-EU citizens – depending on the terms of any future trade agreements thrashed out between the UK and EU.

The UK Immigration rules are some of the most important pieces of legislation that make up the UK’s immigration law. They are updated on a regular basis and are divided into different sections, full details of each can be found on the UK Government website.

What is the future of the UK’s Immigration System?

The government is proposing a single immigration system that treats migrants from EU countries in the same way as those from non-EU countries. Highly skilled workers who want to live and work in Britain will be given priority.

However, the government says the ability of people from trading partners to deliver services and student exchange programmes will form part of future trade agreements. Applicants will need to meet a minimum salary threshold – for highly skilled migrants this stands at £30,000.

Successful applicants for highly skilled work will be able to bring their immediate family – but only if sponsored by their future employers. For tourists and short-stay business trips, the government is looking at developing a system of e-gate visa checks for all low-risk countries.  This means that passports would be scanned in airports, train stations and ports. All security and criminal records checks would be carried out in advance of visits in a US-style system. This will mostly affect the freedom of movement within the European Union.

How has the Immigration system changed?

• More citizens are visiting and staying in the UK rather than leaving

Net migration looks at the difference between the number of people arriving in the UK versus the number of citizens leaving for a 12 month period. This is the type of data the government refer to when talking about reducing the net migration in the UK.

• Poland now represents the largest EU nationality group migrating to the UK.

As it stands, visas work on a points-based system. The criteria for these visas has got tougher in recent years. For example, for a Tier2 “experienced skilled worker” visa, you now need to be paid at least £30,000 to apply, up almost £10,000 from 2011. You get more points for higher salaries or if your job is on the list of shortage occupations. Check out our previous blog about how Immigration Law Solicitors can help with visas.

Specialist Immigration Solicitors

If you are considering whether you need an immigration solicitor, RKB Law are here to help and give you the right advice and guidance you need with your application.

If you have recently entered the UK from another country and are considering staying for the foreseeable future, the chances are that you already have a list of expenses that need meeting.

We understand that visas, flights, travel and accommodation cost a lot of money and investing in an immigration solicitor can often seem out of reach. Immigration law is complex and you don’t want to be on the wrong side of it, you will need the professional support and guidance from a specialist immigration solicitors.  This is where we can help.

Immigration Law is complex

Most legal issues are complex but immigration law is often the most complex. An immigration solicitor in Kent, like RKB Law, can help you understand the particular rules and regulations that apply to your case and explain them to you in a way that is manageable.

Immigration Law is constantly evolving

This point is more prominent than ever, with regards to Brexit, the UK’s immigration rules are constantly under review and being changed.

Regardless of Brexit, Immigration law in the UK has major updates twice a year. Working with outdated advice found online can mean the difference between success and failure for your case. It is your immigration solicitor’s job to keep up with the latest developments and understand how they can affect your case.

Evidence gathering

In the UK, nearly three million people apply for visas every year. At least 400,000 of them are likely to be refused. If you don’t want to be one of them, it is often the evidence that you supply that makes the difference. Your immigration solicitor in Kent will understand your circumstances fully and use all the evidence available to build your case in the strongest possible way. They can also suggest avenues that you may have missed or did not know would be helpful to your case. As your application may be time sensitive, this kind of swift, expert advice is invaluable.

To seek advice and guidance with regards to your immigration case, find your immigration lawyer today. For free legal advice call our expert solicitors on 01622 541 054 or request a call back.

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What is Private Law

Let’s start with Private law. Private law applies to any circumstances relating to relationships between individuals in a legal system. Therefore, this type of law governs the relationship between individuals and governments. This is also referred to as common law. It includes the law of property and trust, family law, the law of contract, mercantile law and the law of tort

Examples of Private Law

Common examples of private law can be found in organisations and employment. For example, the rules of behaviour established by an employer. This can be in the form of day to day rules such as no smoking at headquarters; no creation of a hostile work environment etc. The penalties for breaking these rules can range from an oral reprimand to being removed from the organisation.

Smoking indoors is a classic example of public vs private law regulation. As a public law, smoking indoors is prohibited in the UK. However, groups of citizens joined together to create a mutual agreement between property owners which the government has no regulation over. Covered by this private law, those within this property (often a pub) are then allowed to smoke indoors.

Subdivisions of Private Law

As previously mentioned, private law is also referred to as civil law. Some subdivisions of law fall under this umbrella:

• Contract law
• Law of torts
• Property law
• Labour law
• Commercial law
• Corporations law
• Competition law

What is Public Law

Let’s move onto public law. Public law is a set of rules that govern the relationships between private individuals or private organisations and public bodies (like Government departments and local authorities). In general terms, public law deals with issues that affect the general public or society as a whole. Some other laws that fall under this public law umbrella are:

• Administrative law
• Constitutional laws
• Criminal laws
• Municipal laws
• International laws

What is a Public Body?

Circumstances involving public bodies fall under this law. Usually, public bodies and officials get their authority to make decisions and to take action from Parliament, in the form of legislation. The following are all examples of public bodies:

• Government ministers, departments and agencies
• Local authorities (including social services, housing departments and local education authorities)
• Health authorities (including the NHS)
• The police, prisons, courts, statutory tribunals, coroners’ courts, and regulatory and supervisory bodies like the General Medical Council.

Examples of Public Functions

Public bodies carry out public functions. However, providing housing and community care is now carried out by private organisations. A private organisation may be controlled by public law if it is doing something that a public body would otherwise usually do, i.e. if it is carrying out a public function.

Other public body functions include:

• Local authorities deciding whether or not to provide accommodation
• The DWP deciding whether or not to award someone welfare benefits
• Government minister deciding to lay regulations that determine who can access Legal Aid
• Local authorities deciding whether to grant planning permission.

What is the Difference Between Public Law and Private Law?

Some differences may already have become apparent after defining them but let’s highlight the differences. Generally these two titles are purely for categorisation for grouping laws within the legal system. Public law is regulation of the legal system itself, rather than the regulation of individuals. Simply the main difference between public law and private law is whether the act or acts affect society as a whole or an issue between two or more people.

It is also possible to distinguish between public law and private law according to the level of standard being applied to individual conduct. For example, some might say that if the publication of sexually oriented material causes a “public harm” or violates a “public standard of decency” then it may be legally regulated.

Of course, this distinction between public and private law can sometimes be blurred, where some acts may arguably violate both kinds of law at the same time. Certain acts that are said to be “offences against society” may be considered sufficiently “public” in nature to be classified as crimes. Many property crimes involve the infliction of private harm. Such “private” offences may therefore be classified as torts, as well as crimes.

Do You Need Legal Aid?

Legal terms can sometimes appear complicated to individuals when they can’t find a clear-cut path to their issue. As we have established, there are many differences between public and private law. Each of their umbrellas cover different types of law. If you have been involved in or need support with a case that involves public or private law, please get in touch with one of the members at RKB Law. Our solicitors maybe able to assist you for free under Legal Aid if you meet the criteria.

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