Wesley Gryk Solicitors LLP

Specialists in UK immigration and nationality law

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contact@gryklaw.com

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SBS Partnership Extended for Women Fleeing Gender-based Violence

31st March 2022 By Diana Baxter

We are pleased to announce the extension for another year of our partnership with Southall Black Sisters, a not-for-profit women’s rights organisation established to meet the needs of Black (Asian and African-Caribbean) women facing domestic and gender-related violence.

Under the partnership, SBS has funding to refer women who seek their assistance for legal advice and representation in immigration applications and appeals to experts in our team at Wesley Gryk Solicitors LLP. The partnership has been a great success during its pilot year in 2021, enabling us to represent women in immigration matters who are unable to access legal aid due to the nature of their immigration problem, but who cannot afford legal fees and disbursements.

In its pilot year, Wesley Gryk Solicitors LLP has advised and represented women fleeing violence from India, Pakistan, Jamaica and Zimbabwe. This has included: assisting victims of transnational spouse abandonment to return to the UK and obtain indefinite leave to remain as victims of domestic violence; assisting a woman with complex mental illnesses stemming from childhood sexual violence with a successful appeal under Article 3 ECHR based on her medical condition and risk of suicide on return overseas; and assisting a refugee fearing honour-based killing in Pakistan with a successful appeal to the Upper Tribunal following refusal at the First Tier Tribunal.

We look forward to another year working together with Southall Black Sisters to seek immigration solutions for women facing gender-related violence.

Filed Under: News and Updates, The Firm, Uncategorised

Retirement announcement

7th May 2020 By Diana Baxter

In these troubling and uncertain times, it is with mixed emotions that we announce the retirement of our Senior Partner and namesake, Wesley Gryk.

After 25 years at the helm, and in celebration of his 71st birthday on 12 May 2020, Wesley will be retiring as Senior Partner at Wesley Gryk Solicitors LLP.  Fortunately, he will continue to share with us his wisdom on an ongoing basis as an unpaid Consultant.

12 May 2020 will, undoubtedly, be a bittersweet day for the firm as we celebrate the achievements of our founder, who built the firm from scratch into the leading law firm that we are today (see here for a memoir of the early days).

In the past 25 years, Wesley has assisted numerous individual migrant and refugee families from across the world to navigate the bureaucracy of the UK’s immigration system, while more widely championing and promoting the rights of migrants in the UK.  His legacy lies not only in the clients he has advised, but also in the generations of immigration solicitors / barristers he has trained along the way and who continue to uphold his exceptional standards of legal advocacy across the field of immigration law. In this period of state overreach, it is more pertinent than ever that we uphold this legacy in striving to maintain the rule of law, civil liberties and human rights.

Wesley’s achievements have been well documented by the Law Society in its recent Minority Report. Wesley is known for his exceptional commitment to his clients, his formidable knowledge across the broad spectrum of immigration law, and for his compassion.  In particular, Wesley should be proud of his achievement with respect to the rights of LGBT+ migrants and the role he played in achieving recognition of same-sex relationships in immigration law.

We are not just Wesley’s firm, but also his ‘family’.  And like many families right now, we are separated – unable to mark this momentous occasion together with the grandeur it so demands.  And with the same commitment that Wesley has shown over the last 25 years to ensure our clients can be together in safety with their families, we will keep battling on remotely as his legacy and in anticipation of coming together again later this year (or perhaps more realistically early next year!) to give Wesley the send off he so truly deserves.

Thank you, Wes.

Filed Under: Uncategorised

Open Letter Regarding Emergency Situation in Greece

25th March 2020 By Diana Baxter

“Protect our laws and humanity!”

 

Open Letter by 256 Organizations

 

To:

Prime Minister of the Hellenic Republic, Kyriakos Mitsotakis

President of the European Parliament, David Sassoli

President of the European Council, Charles Michel

President of the European Commission, Ursula von der Leyen

 

 

Athens, 6 March 2020 – The undersigned organisations are deeply concerned about recent developments at the Evros border and the Aegean islands where people are stranded at the borders of Europe, instrumentalized for political purposes, and subject to violations of their rights. We are also deeply concerned about the way the authorities of Greece and the European Union are handling new arrivals. Equally alarming are the extreme actions by security forces against refugees and by civilians against staff of human rights and humanitarian organizations. We would also like to point out that the climate of panic and rhetoric of ‘asymmetric threat’ –also promoted by the authorities– does not reflect reality and seriously affects not only vulnerable refugees- but also our society and the rule of law as a whole.

[Read more…]

Filed Under: Uncategorised

What measures could UKVI take now to help ‘flatten the curve’ while maintaining the immigration system?

17th March 2020 By Diana Baxter

Given the current Covid-19 crisis and need for us all to increase social distancing, the Home Office needs to issue clear and swift guidance to migrants in the UK on their position. 

Such measures could include:

  • Temporary waiver on the need for biometric enrolment.  By doing this, applicants could submit extension applications online and submit supporting documents, which can then be transmitted online to a Home Office caseworker, without the need for in-person interaction by the client, Sopra Steria employee or Home Office caseworker.   A small number of appointments would need to be maintained for vulnerable clients who need scanning and online assistance.
  • Online temporary fee waiver application, that can be submitted at the same time as online visa application, to allow persons to remain lawfully present in the UK but who may not be able to afford the fees, especially in cases of redundancy / reduced hours as a result of Covid-19. 
  • All NHS employees, paramedics and other essential service workers should be given automatic fee waivers.
  • Extension of automatic grant of leave to those currently in the UK but who cannot return overseas due to Covid-19.
  • End immigration detention to prevent the spread of Covid-19 throughout detention centres.

For now, the immigration tribunals remain operating as normal but with people advised to contact the tribunal if the appellant, sponsor, any witness or representative needs to self-isolate and so cannot attend.

Please contact us should you need advice at this time on your individual circumstances: contact@gryklaw.com 

Filed Under: News and Updates Tagged With: Covid-19, Immigration, UKVI

Windrush Children: Waive fees to naturalise as British citizens

16th April 2018 By Diana Baxter

The government has finally taken responsibility today for the appalling way it has treated the ‘Windrush children’ – Commonwealth nationals who arrived in the UK as children during the 1950s and 60s, whose parents were actively encouraged to move to live and work in the UK, and who lawfully entered and have lawfully remained in the UK for decades since then.

Such Commonwealth nationals may automatically hold indefinite leave to remain in the UK, acquired by law on 1 January 1973 through the enactment of the Immigration Act 1971.  For decades, they have lived, studied and worked in the UK without issue, until the introduction of the ‘hostile environment’, designed to prevent unlawful migration by denying access to services, public or private, to those who cannot correctly prove their status.  This ‘hostile environment’ created a society where ID documents are effectively mandatory for daily living – to open a bank account, see the doctor, rent a house or take a job – but without first ensuring that all those lawfully present in the UK have, or have access to, ID documents. It was entirely foreseeable.

Amber Rudd, Home Secretary, has apologised today for the treatment of these Windrush children, while promising that they won’t need to pay to resolve their position. According to newly published Home Office guidance, this can be done by making an application for a “no time limit” biometric residence permit, which usually costs £234 (https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk/undocumented-commonwealth-citizens-resident-in-the-uk).

Commonwealth nationals in this position should also be advised that, in addition to applying for a no time limit (NTL) document, they may also be eligible to naturalise as British citizens if they wish to and without first obtaining a biometric residence permit. This may be preferable to those who wish to become British citizens and the applications require similar levels of evidence.  While a valid identity document is usually required for an NTL application, which requirement has caused difficulties for the ‘Windrush children’ we have represented, there is no such mandatory requirement for a naturalisation application.

The requirements to naturalise as a British citizen are set out in Schedule 1 of the British Nationality Act 1981.  An applicant should be able to demonstrate at least five years’ lawful residence, of which at least 12 months must have been ‘free from immigration time restrictions’.  Commonwealth nationals who acquired indefinite leave automatically on 1 January 1973 have been free from immigration time restrictions for more than 45 years since then, usually with no absences from the UK.

Page 15 of the Nationality policy: Naturalisation as a British citizen by discretion, Version 2.0 confirms that applicants are not required to provide their original passport or travel document.  The policy states that, “if the applicant does not have passports to cover the qualifying period”, then they can submit:

“other evidence such as employers’ letters or tax and National Insurance letters:  in such cases you should assess whether there is sufficient evidence to show that that applicant has been resident in the UK during the qualifying period, giving them the benefit of any doubt where claimed absences are within the limits we would normally allow and there are no grounds to doubt the accuracy of the claim.”

HMRC employment records can be obtained as far back as the 1960s and are a good place to start to show length of residence and pension entitlements acquired as a result of NI contributions. Ancestry.com may have records of when applicants (or their parents) arrived in the UK, if coming by boat, and may corroborate an applicant’s account of their and their families’ lives in the UK, along with birth, marriage and death records for family members. Schools, hospitals, local authorities, employers and banks can also help, although many of these will have closed down or changed hands.

The same evidence required for a successful NTL application can therefore be used for a successful naturalisation application, without first having to acquire a biometric residence permit or other ID.

In addition to the residence requirements, an applicant for naturalisation must also demonstrate they are ‘of good character’ and that they have sufficient knowledge of language and life in the UK. This usually involves taking the Life in the UK citizenship test and, if not from an English speaking country, a specified English language test. Both of these require ID documentation simply to take the test, which may be a barrier in these cases, although the requirement is waived for those over 65 years and the Home Office has the discretion to waive these requirements in other cases as well. It is also possible to make an application to naturalise as a British citizen and then request the Home Office contacts a test centre to allow a person to take a citizenship test where they have been unable to do so due to lack of ID.

A naturalisation applicant must also show that they intend to keep living in the UK, which should not be difficult to establish if the applicant has not left the UK since at least 1972.

The greatest barrier to making a citizenship application is undoubtedly the cost. An application to naturalise as a British citizen now costs £1,330, a significant amount especially to an applicant who may have lost their job as a result of the hostile environment and had their bank accounts closed.

If the Home Office will now process NTL applications on behalf of the Windrush children for free, why not make a proper gesture of goodwill and waive the hefty naturalisation fee as well?  There is precedent for this in the correcting of other historical wrongs, such as for children born to British mothers or fathers at a time when they were unable to pass on citizenship. This would then allow this Windrush generation to become full British citizens, if they wish to, and finally secure their position in the UK.

Filed Under: News and Updates


The Legal 500 – The Clients Guide to Law Firms
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A specialist private immigration practice. Band 1 rated by Chambers and Partners and Legal500

Wesley Gryk LLP
WesleyGrykLLPWesley Gryk LLP@WesleyGrykLLP·
16 May

On 28 June, we will be walking the #LondonLegalWalk once again - any and all donations are very welcome.
Over 100 free legal advice charities are supported by this event every year!
To support our team and @londonlegal you can donate here: https://londonlegalsupporttrust.enthuse.com/pf/wesley-gryk-solicitors-llp

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WesleyGrykLLPWesley Gryk LLP@WesleyGrykLLP·
12 May

The Home Office has recently announced a new 'High Potential Individual' visa category for graduates of top global universities. Our Imogen Simpson asks: will this new category live up to the excitement?

Blog: https://www.gryklaw.com/the-high-potential-individual-visa-will-the-new-category-live-up-to-the-excitement/

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WesleyGrykLLPWesley Gryk LLP@WesleyGrykLLP·
28 Apr

📅 The deadline for applications is this Sunday!

If you are interested in our immigration solicitor role, make sure you have applied by the end of Sunday, 1 May 2022.

Please feel free to circulate to anyone who may be interested in the role. RT's appreciated.

Wesley Gryk LLP@WesleyGrykLLP

We are recruiting! Looking for a solicitor to join one of the UK's leading immigration firms: https://www.gryklaw.com/vacancies/

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WesleyGrykLLPWesley Gryk LLP@WesleyGrykLLP·
28 Apr

Following changes to the business immigration rules in April 2022, the 'sole representative of an overseas business' visa has been replaced by the 'UK Expansion Worker' visa. Our Rachael Ockenden asks: is this an adequate replacement?

Blog: https://www.gryklaw.com/uk-expansion-worker-a-inadequate-replacement-for-the-sole-representative-route/

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WesleyGrykLLPWesley Gryk LLP@WesleyGrykLLP·
25 Apr

Reminder: we have a vacancy for an immigration solicitor.

If you interested in joining our top-ranked #immigration, #asylum and nationality practice, the deadline for applications is this Sunday: 1 May 2022.

Wesley Gryk LLP@WesleyGrykLLP

We are recruiting! Looking for a solicitor to join one of the UK's leading immigration firms: https://www.gryklaw.com/vacancies/

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Wesley Gryk Solicitors LLP
140 Lower Marsh, London SE1 7AE
Tel 020 7401 6887
Email contact@gryklaw.com

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Wesley Gryk Solicitors LLP is a limited liability partnership registered in England and Wales with number OC317684. Our registered office is at 140 Lower Marsh, London, SE1 7AE. We are authorised and regulated by the Solicitors Regulation Authority with SRA ID 446311.

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