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Immigration

Immigration law and practice is politically sensitive. As a result, it is constantly developing which makes it a challenging area for both businesses and individuals to navigate.

We provide an extensive range of immigration and nationality services: we pride ourselves on ensuring clients make successful applications and comply with immigration law and practice as it evolves.

Where matters are complex, we work closely with the UK immigration authorities to resolve them in an efficient and straightforward manner. This typically includes those involving unusual or urgent situations, immigration non-compliance and previous refusals.

Our clients range from high-net-worth individuals and their families to businesses, particularly in the financial services and technology sectors.

Working with other teams across the firm (for example, employment, private client and tax), the immigration team provides a holistic service, providing individuals and businesses with assistance across the legal spectrum.

Expertise:

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Edward Reed

Partner

+44 (0)20 7849 2568 Email Edward

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In depth

What people are saying

"Macfarlanes is a firm that differentiates itself from its peers by offering bespoke services which are tailored to the uniqueness of its clients."

The UK Legal 500 2023

Recent work

Expedited processing

Successfully assisting on the expedited extension of an individual’s visa to remain in the UK as the representative of an overseas business. This was time sensitive as the employee had extensive business travel plans but there was no priority filing option for this application. We liaised with the Home Office to ask them to expedite the application, obtaining success within two working days.

Emergency assistance

An employee had been held in detention after attempting to enter the UK legally with an expired residence card. Our assistance involved detailed negotiations with the Chief Immigration Officer of the airport entry. The employee was granted entry to the UK with their status restored.

Sponsor licence compliance

A company had been threatened with the revocation of their sponsor licence due to non-compliance with a number of Sponsor duties and responsibilities. We liaised with senior contacts at the Home Office to ascertain the action required to lift the suspension. We then worked with the client to put in place the necessary policies and processes to ensure its ongoing compliance with UK immigration law. This led to the Home Office lifting its suspension and reinstating the licence.

Exceptional talent

Assisting a Saudi Arabian actress and film director with the submission of a Tier 1 (Exceptional Talent) application. She is an important figure in the global film industry and has been instrumental in paving the way for other Saudi Arabian women looking to enter the field. The visa enabled her to take on a role with one the UK’s largest domestic broadcasters.

Investor offering

Prior to the closure of the Investor category to new applicants, we assisted a number of private banks and wealth managers on the development of a Tier 1 (Investor) portfolio offering. We reviewed the proposed investments and advised on the best way to operate the investment portfolio so that it was able to meet the relevant criteria. This involved working closely with senior policy contacts at the Home Office to obtain clarifications on a number of issues associated with the investment proposal.

Discretionary applications

Successfully obtained Tier 1 (Investor) visa extensions and indefinite leave to remain for clients who do not meet the requirements of the UK immigration rules. We liaised with our senior contacts at the Home Office to submit a discretionary application and the applications were successfully approved. In certain circumstances, this has been achieved on an expedited basis.

Naturalisation with excessive absences

Assisting a client who had significant absences from the UK - well above the permitted threshold - which threatened his application for naturalisation. The client had significant business interests both inside and outside of the UK which led to frequent international travel. We successfully argued that his ties to the UK plus the significant investment he made in the UK were strong grounds for the Home Office to exercise discretion in his favour.

British subject without citizenship

Our client had a peculiar status of “British Subject” based on nationality law dating back to 1948, the particular circumstances of his birth and the transition of the British Empire to the British Commonwealth. This extremely rare status went unnoticed for many years and came to light when he took a second citizenship. He inadvertently lost his status in the UK by taking this second citizenship and we worked to resolve the issues. Due to changes in the law dating back to 2002, we were able to file an application to grant him full and secure British citizenship.

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