Archives: Expertises

Securing the rights of EU nationals

The European Economic Area (EEA) is a group of 30 countries*, whose nationals are allowed to work and live in the UK, by exercising their rights of residence. This means that if you are an EU national, you can reside or seek employment in any EU member state you want, including the UK. You also have the right to ask for immediate family members to join you in the UK, if this is the country you choose to reside and work in.

Family members are considered to be (1) partners, (2) children (including adopted offspring), (3) grandchildren, (4) dependent (to some extent to you or your partner) parents, and (5) dependent (to some extent to you or your partner) grandparents. Unmarried partners are usually considered as extended family members. However, their application could be considered if they are in a lasting and continuous relationship with the individual already residing in the UK, and fulfil certain other criteria.

Extended family members, such as siblings and cousins do not have the automatic right to live in the UK. There are additional requirements that they have to meet first so that they can obtain the right of residence.

Non-EU family members

If your family members are not either EEA or Swiss nationals, you may need to apply for an EEA family permit, which is similar to a visa, so that they can come to the UK. They may also come with you or join you in the UK; however, there are certain restrictions. The only case when a non-EEA national family member need not apply for an EEA family permit is when that person is living in the UK and can provide evidence of residence that proves their right to do so.

In general, a family member of a British citizen that is not an EU national does not enter the country using an EEA family permit, although the UK is a member state of the EEA. Nevertheless, Non-EEA family members of a British citizen that live abroad (for example a Brazilian married to a  British person living in Spain)  can apply for EEA family permit to join their relative in the UK when they decide to return to the UK, as long as the UK relative has been living in an EEA member state either as self-employed individual or worker and that the family member has been living with the British citizen in the EEA country, this particular type of application is known as a ‘Surinder Singh’ case.

*The EEA consists of: Austria, Bulgaria, Belgium, the Czech Republic, the UK, the Republic of Ireland, the Netherlands, Cyprus, Denmark, Finland, Estonia, Greece, Germany, France, Hungary, Iceland, Italy, Lithuania, Latvia, Liechtenstein, Malta, Luxembourg, Poland, Norway, Romania, Portugal, Slovakia, Spain, Slovenia, and Sweden.

If you need assistance with understanding and exercising your rights as an EU national, kindly contact us. Our immigration solicitors in London possess a wealth of experience in cases like yours and will work with you to find the best solution for you and your family.

Refusals & Appeals

Receiving a refusal on your application from the Home Office can be intimidating and stressful for you, especially considering the pressure put on your shoulders and the implications it can have for your family.

In some cases, negotiating with the Home Office or making a fresh application is the fastest resolution while others require more extreme measures, such as challenging a Home Office decision in an appeal or by Judicial Review. If this is indeed the best course of action for you, we are ready to do what’s necessary and are more than competent to win.

We pride ourselves on being able to support you with your appeal but we will also help you to explore all your options and we will always come forward with a strong action plan for your particular case.

Our first priority at GSC Solicitors is to assist you to meet your immigration goal(s) the quickest and best way possible, even if that involves challenging the Home Office to the highest courts. Our immigration lawyers in London possess valuable, experience in court proceedings and matters related to refusals and appeals, among others. So, do not hesitate to give us a call or get in touch with us through the online form.

Establishing a UK Branch Office or Subsidiary

If you want to enter and work as a full-time representative of an overseas business or an overseas broadcasting organisation, news agency or newspaper employee in the UK, then the Representative of an Overseas Business migrant category is the most appropriate visa route.

You will have to demonstrate that you are a genuine employee of the overseas business and that you have been identified as the most appropriate person within the overseas based organization to come and establish a UK branch or subsidiary of the business and that you have authority to take decisions in relation to the proposed UK establishment.

In order for the initial application to be approved you will also need to satisfy the UK authorities that you are able to communicate effectively in English. The initial visa will be granted for a period of three years.

If you want to bring in dependents and have them accompany or stay with you in the UK, then you must produce evidence that you are financially able to support them and that they can maintain their current financial status, without any additional assistance from UK public funds.

You may continue to stay in the UK for a further period two years, as the representative of an overseas business or broadcasting organization, news agency or newspaper, as long as you can demonstrate that you have been able to establish the UK branch or subsidiary and that the business is genuinely trading and operational in the UK.

Applying for a settlement under this immigration category is also possible for you and your family members if you have resided in the country for a total of 5 years. One year after holding Indefinite Leave to Remain, you would be eligible to apply to naturalise as a British citizen.

For more details or guidance regarding the legal aspects related to the establishment of a UK branch office or subsidiary, kindly contact our expert London immigration solicitors, who will make sure your case is given proper attention; always with your best interest in mind.

Corporate & Private Immigration Services

International immigration lawyers in London

UK immigration law has become increasingly complex resulting in highly confusing and bureaucratic procedures for individuals, families and companies who may wish to relocate to the UK for a variety of different reasons.

GSC’s Immigration lawyers in London specialise in all aspects of UK immigration law. We advise both EU and non-EU individuals and companies who wish to invest, work or set up in business in the UK. We also handle all aspects of sponsorship for UK employers who may want to employ non-EU nationals or transfer existing staff based overseas to the UK.

For our private clients, we provide a specialist personalised service to support individuals and families moving to the UK, advising on the best solution to help our client relocate, obtain permanent residence and British Citizenship.

Talk to GSC’s Immigration Lawyers about:

• Sponsoring & hiring foreign nationals
• Sponsor Licences & Immigration compliance
• Immigration advice for Investors
• Immigration advice for Entrepreneurs
• Establishing a UK branch Office  or subsidiary
• Securing the rights of EU nationals
• Bringing your family to the UK
• Settling permanently in the UK
• Human Rights & Asylum
• Citizenship & Nationality
• Visiting the UK
• Refusals & Appeals
• UK Ancestory
• Long residence in the UK

For information on our charges, please refer to: Immigration Fees

Construction Law

Specialists in Property Law Based in Holborn

GSC’s construction department acts for developers, contractors, sub-contractors, consultants and funders involved in the construction industry.

The department provides advice in relation to all aspects of the construction procurement process including:

• Building Contracts/Sub-Contracts
• Letters of Intent
• Development agreements
• Professional Appointments
• Collateral warranties and third party rights
• Performance guarantees / bonds

Settlement & Disputes

In addition, the department regularly advises clients in relation to the settlement of any disputes that arise during a construction project and can advise in relation to the following:

• Assistance with pursuing or defending claims for payment
• Negotiation of settlements via amicable agreement
• Mediation
• Adjudication
• Litigation Proceedings
• Arbitration proceedings

Business Crime Law

Personal Legal Services Covering Everything From Fraud to Environmental Health

A financial criminal investigation can be financially, emotionally and reputationally crippling experience. Alarmingly, the greater powers awarded to government bodies including the Serious Fraud Office, the Office of Fair Trading, the Financial Services Authority, HMRC and the Health & Safety Executive have meant that investigation rates – and the risk of investigation – have never been higher.

GSC has a well-established reputation and team of fraud solicitors advising individual clients on fraud, business crime, tax and litigation matters. We’re specialists in this complex area of commercial law, representing clients during interviews, criminal or regulatory investigations and any court proceedings in the following areas:

• Fraud & Asset tracing
• Money laundering
• Restraint, Confiscation and Forfeiture
• Tax investigations and Litigation
• Bribery and Corruption
• Insider dealing, market abuse & mis-selling
• Extradition proceedings
• Professional disciplinary issues
• Food safety and Environmental Health.

Protect yourself, your business and your reputation.  Talk to our team of fraud solicitors.

 

Planning Law

It might sometimes seem as if the planning laws in the UK are designed to make things difficult for everyone, including local estate planning authorities and developers. However, our specialist planning and environmental law team can help you to navigate through the system.

We have extensive experience in all aspects of estate planning and development related law, including:

• Advice on complicated planning-conditional acquisitions
• Assisting with planning applications
• Dealing with all aspects of planning and listed building appeals
• Advising on heritage law, including listed building consent applications and appeals
• Advising on enforcement notice problems
• Negotiating section 106 planning obligations
• Advising on development plan concerns
• General advice on all related aspects of development law, including highways agreements, rights of way and compulsory purchase.

Business Crime & Regulatory Solicitors

A financial criminal investigation can be financially, emotionally and reputationally crippling experience. Alarmingly, the greater powers awarded to government bodies including the Serious Fraud Office, the Office of Fair Trading, the Financial Services Authority, HMRC and the Health & Safety Executive have meant that investigation rates – and the risk of investigation – have never been higher.

GSC’s business crime and fraud lawyers have a well-established reputation advising corporate and individual clients on fraud, business crime, tax and litigation matters. We’re specialists in this complex area of commercial law, representing clients during interviews, criminal or regulatory investigations and any court proceedings in the following areas:

• Fraud & Asset tracing
• Money laundering
• Restraint, Confiscation and Forfeiture
• Tax investigations and Litigation
• Bribery and Corruption
• Insider dealing, market abuse & mis-selling
• Professional disciplinary issues
• Food safety and Environmental Health.

Protect yourself, your business and your reputation. Talk to our team.

Private Client Services

Private Wills and Probate Services

Our Private Client team is adept at advising on the full suite of private client services.

We have a particular focus on advising on international private wealth that when combined with the firm’s well-established corporate and property departments, means that we are able to provide high net worth individuals, families and entrepreneurs with holistic, tailored advice in relation to their interests both in the UK and further afield..

Our Private Client Services

We provide clear and practical solutions to a broad range of private client issues, such as the setting up of both onshore and offshore trusts for wealth preservation, succession planning to help ensure family businesses pass down through generations without being unduly burdened with tax liabilities and helping entrepreneurs to realise the sale of their successful venture in the most tax efficient way.

A summary of our private client services are set out below.

• Inheritance Tax planning
• Office of the Public Guardian / Powers of Attorney
• Probate / Contested Probate
• Setting up charitable trusts
• Tax
• Tax investigations
• Trust planning – UK and offshore
• Wills – UK and international

Our approach is to deliver legal advice of the highest quality that is individually tailored, providing practical solutions to the legal and financial issues surrounding the creation, investment, protection and transfer of private wealth and assets.

For details on our charges, please refer to: Probate fees – June 21

Private Immigration Solicitors

Immigration Law Specialists

UK immigration law has become increasingly complex resulting in highly confusing and bureaucratic procedures for individuals, families and companies who may wish to relocate to the UK for a variety of different reasons.

GSC’s Immigration lawyers specialise in all aspects of UK immigration law. We advise both EU and non-EU individuals and companies who wish to invest, work or set up in business in the UK. We also handle all aspects of sponsorship for UK employers who may want to employ non-EU nationals or transfer existing staff based overseas to the UK.

For our private clients, we provide a specialist personalised service to support individuals and families moving to the UK, advising on the best solution to help our client relocate, obtain permanent residence and British Citizenship.

Talk to GSC’s Private Immigration Solicitors about:

• Immigration advice for Investors
• Securing the rights of EU nationals
• Bringing your family to the UK
• Settling permanently in the UK
• Human Rights & Asylum
• Citizenship & Nationality
• Visiting the UK
• Refusals & Appeals
• UK Ancestory
• Long residence in the UK

For information on our charges, please refer to: Immigration Fees