Immigration

Overview

5SAH Immigration barristers represent private clients and government departments in all aspects of immigration law. The immigration team is at the forefront of the constantly developing field of immigration law and appears in immigration matters at all appellate levels from the First-tier Tribunal (FtT) to the Supreme Court.

The team advises clients on business and personal immigration matters, including applications under the points-based system, EU settlement scheme applications, and asylum appeals. The team includes judicial experience as a recorder in the Upper Tribunal (UT) and extensive public law expertise in judicial review and Court of Appeal proceedings.

The team accepts instructions on a legally aided and privately funded basis, and many barristers in the team are qualified to accept instructions through public direct access.

Ben Keith and Mark Smith are both recognised in the Legal 500 and Chambers & Partners for Immigration.

Personal Immigration

The 5SAH Immigration Team represents clients in all aspects of personal immigration issues, including asylum, deportation, derivative rights family applications, human rights claims, citizenship and settlement applications, and cases of unlawful detention.

The team has particular expertise in asylum cases made under the Refugee Convention and claims for humanitarian protection involving human rights, particularly Article 3, Article 6 and Article 8 under the European Convention on Human Rights (ECHR). Many barristers in the team have a strong extradition practice encompassing complex human rights issues in a criminal context, and appear in sensitive asylum applications involving INTERPOL Red Notices or parallel extradition proceedings.

The immigration team has considerable experience in existing applications under the EEA Regulations, including Surinder Singh applications and Banger applications where a third-country national is a family member or extended family member of a British citizen, as well as new and existing applications under the European Union Settlement Scheme (EUSS) under Appendix EU of the Immigration Rules for pre-settled status or settled status in the UK.

The team can provide expert advice on suitability and eligibility of spouses, dependent parents and children making derivate rights applications under Appendix FM of the Immigration Rules, including advice on compliance with the financial eligibility requirements and the evidence to provide in support.

5SAH can also advise on and challenge refusals of student visas, including Child Student, Graduate Student, and Parent of a Child Student visas.

Business Immigration

The 5SAH immigration team provides advice on all aspects of business immigration including work visas under the points-based system (PBS), applications under the Ankara Agreement, as well as visa extensions, applications for indefinite leave to remain (ILR), sponsor licensing in respect of those applications.

The team has particular experience in complex applications for Tier 1 (Investor) visas including cases involving specialist loan and share agreements and disputes over the source and control of funds. The team also accepts instructions in application to switch to or extend a Tier 1 (Entrepreneur) visa or new applications the UK Innovator visa and UK Start-up visa and UK Global Talent visa.

The 5SAH term represents business clients in respect of a wide range of work visas, including UK Skilled Worker visas and Tier 5 (Temporary Worker) visas, as well as challenging sponsor licence refusals and suspensions.