Month: September 2019

Sterling Law is now a Legal 500 firm

We are proud to be included in the Legal 500 rating. Simply put, Legal 500 highlights the practice area teams who are providing the most cutting edge and innovative advice.

According to Legal 500:

Sterling Law advises on all types of UK visa and sponsor licence issues for a range of corporate and individual clients. The team is adept at handling PBS applications, which includes advice on sponsored migrants, highly skilled migrants, entrepreneurs and investors.

The team also advises on human rights-related cases at initial application and appeal levels and has experience in a variety of other cases including asylum, protection and family reunion cases. Ruslan Kosarenko is praised for his abilities as a ‘dynamic problem-solver’.

TESTIMONIALS

This team is unusually responsive and extremely well organised.

The team is dedicated, hardworking and brings a positive attitude towards even the most difficult case.

Ruslan Kosarenko takes a ‘can-do’ approach to cases and gets excellent results.

WORK HIGHLIGHTS

Advised on the humanitarian protection of a Filipino national who divorced her former partner from Phillipines and faced persecution and death threats her home country due to the bigamy case filed by her former husband.

Represented a Brazilian client and protected the best interests of her child in separation case.

Advised on successful Investor visa applications after an initial refusals.

https://www.legal500.com/

Contact us to resolve your legal matter:

contact@sterling-law.co.uk

+44 020 7822 8535

+44 7 305 966 531

Or book an appointment with us here.

Read about our successful cases here.

Upper Tribunal held that prison sentence does not break integral links of an EEA national in the UK

In recent years, EEA nationals have been looking for a silver lining concerning the protections confined unto them by relevant EU Regulations. CJEU judgements, combined with domestic law, succeeded in muddying the waters in providing clear clarification to the rights of EEA nationals. This is particularly true for EEA nationals who have been seeking protection against expulsion by a Host Member state as a result of a previous prison sentence.

A recent decision in the Upper Tribunal provided a start in clarifying whether a person who served a sentence of imprisonment breaks his 10-year period of continuous residence in the UK under the Citizen Directive. Thus, excluding him from entitlement to enhanced protection against deportation.

The Facts

The Appellant left Poland and entered the UK in 2007. He had been residing in the UK for more than eleven years at the date of the decision to deport him on 5 July 2018. He has six convictions for various drink driving offences between 5 September 2011 and 18 May 2018. He received three custodial sentences. He also received a total of 280 days of imprisonment sentence but only spent actual time in prison for 123 days.

The question for the judge was whether the Appellant’s period of imprisonment (123 days) was sufficient to break his integrative links with the UK such that he was not entitled to “imperative grounds” enhanced protection under Regulation 27(4) Immigration (EEA) Regulation 2016.

First-tier Tribunal Decision 

The Appellant appealed to the First-tier Tribunal the deportation order made against him.

Unfortunately, the First Tribunal judge dismissed the Appellant’s appeal.

The judge mainly used the authority in, Warsame v Secretary of State for the Home DepartmentWarsame held that periods of imprisonment are excluded when calculating the 10- year period of residence and that it also breaks the continuity of residence under Regulation 27(4).

In the Appellant’s case, he did not have ten years’ continuous residence between 2007 (when he first arrived in the UK) and 28 February 2016 (when he was first imprisoned). If he had established ten years’ continuous residence before his imprisonment, it would also be necessary for him to show that integrating links with the UK had not been broken by imprisonment.

Since the Appellant acquired rights of permanent residence in March 2015, he was given medium protection against expulsion under Regulation 27(3). Namely, the deportation order must be justified on serious grounds of public policy and public security.

Appellant’s appeal and Upper Tribunal Decision 

The Appellant appealed against the First-tier Tribunal decision on the grounds of error of law.

He argued that he is entitled to the highest level of protection against expulsion under Regulation 27(4)(a).

He argued that he does not need to establish ten years’ continuous residence before his imprisonment. He only needs to prove whether he had forged the necessary integrative links over the nine years prior to imprisonment and whether the periods of imprisonment (123 days of actual imprisonment) were sufficient to break the continuity of residence (over ten years) at the date of the relevant decision.

The Upper Tribunal allowed the appeal.

The Upper Tribunal held that the correct authority to apply in this case is not Warsame but B v Land Baden-Wurttemberg (C-316/16) and Secretary of State for the Home Department v Vomero (C‑424/16). These are the Upper Tribunal’s findings:

  • It is an error of law for the First-tier Tribunal only to consider the totality of the sentences of imprisonment (280 days), instead of the actual time spent in the prison (123 days).
  • The case Baden-Wüttermberg and Vomero is clear to state that in deciding whether the Appellant is entitled to enhanced protection, there must be an overall assessment of the Appellant’s integration in the UK. Furthermore, time in imprisonment does not automatically break his integral links in the UK.
  • The Upper Tribunal conducted an overall assessment of the Applicant’s integration in the UK. They have taken into account the Appellant’s
  1. Use of his Treaty rights
  2. Period of residence in the UK
  3. The nature and seriousness of his offence
  4. Offending behaviour
  5. Circumstances in which the offence was committed
  6. Period of imprisonment
  7. Evidence that he may be developing some insight into the seriousness of his past conduct

Taken in to account the factors above, the Upper Tribunal is convinced that his period of imprisonment of 123 days taken together with the Appellant’s offending behaviour is not sufficient to break his integrative links with the UK such that it could not be said that he had not acquired ten years’ continuous residence in the UK.

The Upper Tribunal found that the Appellant is entitled to enhanced protection against expulsion and his criminal convictions are not sufficiently serious to meet the imperative grounds of public policy threshold.

Conclusion

This case is progress in clarifying EEA national’s rights under the Citizen Directive. It acts as a foundation to future cases which concerns the breakage of an EEA national’s integral links in the UK. Taking into account the nature and seriousness of the offence committed by an EEA national, a few months in prison is not enough to say that he does not deserve the right for enhanced protection confined under the Citizens’ Directive.

Are you in a similar situation? You can book a consultation with us here.

You can also contact us using the details below:

contact@sterling-law.co.uk

+44 020 7822 8535

+44 7 305 966 531

Read about our other successful cases here.

Sterling Law appealed a complex EEA deportation case

EEA nationals have special rights confined unto them under EU law. In particular, EEA

nationals have the right to freedom of movement. This means that all EEA nationals and

their respective family members are allowed to move and reside freely within the territory

of the Member State. However, these special rights can be stripped away by a Member

State, if they think that an EEA national pose a risk to public security and public policy.

 

Our client, a Polish national, entered the UK in 2006 in the hope of a better life. He worked

continuously, and in March 2015, our client acquired rights of permanent residence

and lived in the UK since. His parents and siblings have managed to settle in the UK. He also

met his partner in the UK, and a child was born in 2016. He is happily living in the UK until July 2018, where a deportation order was made against him.

The Secretary of State has sent a deportation order against him on serious grounds of public

policy.

He had a few driving offences when he was younger, which led him to spend time in prison.

He also had one offence for possession of an offensive weapon.

The Secretary of State concluded that our client represents a genuine, present and

sufficiently serious threat to the fundamental interests of society and that there is a risk of

repetition of that conduct.

This conclusion was made despite the client’s good character in his probation officer’s

report and completing a rehabilitation program.

The Secretary of State did not regard the fact that our client has already lived in the UK for

12 years, and also that he will be homeless if he returns to Poland.

Our lawyers in Sterling Law, helped our client appeal his deportation order in the Upper

Tribunal. We argued that our client has the right to a higher status of protection against

deportation under an EU Directive. We successfully nullified the Secretary of State’s

deportation order. Furthermore, this case now acts as a future benchmark to other

deportation cases against EEA nationals with a previous prison sentence.

If you received a deportation order from the Secretary of State, please contact our lawyers

in Sterling Law, to immediately help you with your case.

 

Tel. +44 (0) 207 822 8535

Email: josephine@sterling-law.co.uk

contact@sterling-law.co.uk

Or book a consultation here.

Invasive Home Office visits led to an outrageous allegation and revocation of EEA Residence card

Home Office is set up to protect the UK against terrorist attacks, to provide public safety to its citizens, and to control immigration. Powers has been granted by the UK government to ensure that the Home Office can act accordingly to their purpose. However, what happens when those powers have completely disregarded a person’s well-being?

Our client, a Ukrainian national married a Lithuanian national in 2012. They were happily married until 2016 when they started having marital problems. Amid their troubled marriage, our client’s Residence card was revoked by the Home Office after an unsuccessful application for his Permanent Residence card.

Home Office decided to revoke our client’s Residence Card because they considered marriage was one of convenience. 

The basis of this decision came from when Immigration Officers visited the client’s marital home:

· When the Immigration Officers found that our client was having marital problems, they quickly insinuated that their marriage was not genuine.

· Immigration Officers outrageously alleged that our client is homosexual, solely based on his previous holiday photographs displayed in his room.

The decision was made after they repeatedly harassed our client’s non-English speaking mother, despite knowing her ongoing heart and mental issues. Moreover, the client was waiting for the appeal decision when he was unlawfully detained at the border whilst he was returning to the UK.

Our lawyers in Sterling law helped our client’s bail application and he was subsequently released. Notably, Nozima Rakhimjonova, representing Sterling law, has relentlessly argued at the Upper Tribunal that there was an error of law in our client’s case. She helped our client despite the lack of evidence to his case caused by him seeking legal assistance at a very late stage.

Nozima Rakhimjonova, successfully appealed the Home Office’s decision and proved that our client’s marriage was genuine. Our client was subsequently issued with a Permanent Residence card and now enjoys living in the UK without the risk of being sent back home by the Home Office.

Dealing with Immigration Officers in your immigration issue can be stressful. That is why it is essential to seek legal advice early on to ensure that your case is represented in its best merits. Our lawyers in Sterling Law can help you with any immigration issues, no matter how complex your case may be.

If you have a similar situation or had your residency card withdrawn by the Home Office, contact us as soon as possible for us to help you in your situation.

Tel. +44 (0) 207 822 8535

Email: nozima@sterlinglawyers.co.uk

Or book a consultation here.

You can view more successful cases here.

 

DEPORTATION ORDER SUCCESSFULLY APPEALED:

The client allowed to stay in the UK despite his vast criminal record.

 

Our client, a Latvian national, moved to the UK with his siblings and parents several years ago. He was working as a self-employed person and established his own family in the UK (partner and 2 children). After an injury incident at work, our client started to suffer from severe pain and had to take prescribed medicine. As a result, he was unable to return to his work. Affected by medicine and unemployment, our client committed a number of different criminal offences and was even sentenced to 14-day imprisonment.

 

As a result of his criminal record, our client received a deportation order (under Regulation 23(6)(b) of the 2016 EEA Regulations) and was detained.

 

Sterling Law, represented by Nozima Rakhimjonova, helped the client to obtain release on bail and successfully overturned the deportation order at the Upper Tribunal. Despite poor representation on behalf of our client by his previous lawyer, our team managed to obtain a positive result after two years of fighting with the Home Office for the client’s right to stay in the UK.

 

The Upper Tribunal Judge allowed the appeal noting that

  • The appellant’s deportation to Latvia would be contrary to the best interests of his children (with whom he has strong parental tiers);
  • our client does NOT represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society;
  • removal of our client would be disproportionate.

 

If you or your family member has been detained or is facing deportation, contact us for professional legal advice:

 

nozima@sterlinglawyers.co.uk

+44 (0) 207 822 8535