Wesley Gryk Solicitors LLP

Specialists in UK immigration and nationality law

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Victims of domestic violence stranded overseas finally have a route of re-entry to the UK

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7th December 2023 By Diana Baxter

In a week dominated by bad news for family migration rules, we are pleased by the publication today of a new Appendix Victim of Domestic Abuse (Appendix VDA) which, for the first time, provides a specific route of re-entry to the UK for victims of domestic abuse abandoned overseas.  The changes come into effect on 31 January 2024.

This is a historical moment for us, as we have been working closely alongside Southall Black Sisters and others over the last decade to support client victims of transnational marriage abandonment.

Transnational marriage abandonment (TMA) is a form of domestic violence. It affects spouses who have been resident in the UK as the partner of a British or settled person and are then deliberately stranded overseas by their British partner or family.  Until now, such victims have not been able to benefit from the domestic violence rules as these have always required the applicant to be present in the UK.

For the past 10 years, we have been supporting victims of TMA to seek alternative routes for re-entry and to remain in the UK ‘outside of the rules’. These cases are usually very complex and their success has often relied on the discretion of individual decision-makers rather than published policy or rules. It has also been the case that, by not being able to secure their long-term immigration status quickly, victims of transnational marriage abandonment then face greater hurdles in the family courts when trying to re-establish custody of children they have been forcibly separated from.

Awareness of transnational marriage abandonment was raised following research by S Anitha at the University of Lincoln, whose report was presented to the House of Commons in early 2016 with an expert panel including Barry O’Leary. In 2017, the Family Court amended its definition of domestic abuse to include TMA. Since then, we have been working with ILPA, Southall Black Sisters, Dawson Cornwell and Rights of Women to advocate for a change to the Immigration Rules to create a route for indefinite leave to enter as a victim of domestic abuse.

However, it was the landmark ruling by the High Court in the case of AM v SSHD in October 2022, when Mrs Justice Lieven held that victims of transnational marriage abandonment are unlawfully discriminated against because they are outside of the UK. Unlike victims of domestic violence inside the UK, there is no current provision in the Immigration Rules or policy guidance for victims of transnational spouse abandonment to apply for indefinite leave under the domestic violence rules. Such discrimination was held to be unlawful and a disproportionate interference with their rights under Article 8 European Convention on Human Rights (ECHR) (Read more in this article by the instructing solicitor, Nath Gbikpi).

The ruling in AM finally meant the Home Office needed to make provision to allow victims of transnational marriage abandonment to be treated like other victims of domestic violence who are in the UK, and therefore provide a route to allow them to apply for indefinite leave. With today’s Statement of Changes, the Home Office has now created a route to indefinite leave to enter for victims of domestic abuse.

Filed Under: History, News and Updates, The Firm

Wesley Gryk Solicitors continues to be a top-ranked firm in 2024

Life Changing Law

9th November 2023 By Imogen Simpson

We are very pleased to announce that Wesley Gryk Solicitors LLP has, once again, been ranked as one of the UK’s leading immigration firms by Chambers 2024, the Legal 500 2024 and The Times – Best Law Firms 2024.

WGS is ranked as a Tier 1 firm by the Legal 500 2024 for ‘Immigration: Human Rights, Appeals and Overstay’ and by Chambers 2024 for both ‘Immigration: Human Rights, Asylum and Deportation’ and ‘Immigration: Personal’. The Times 2024 have commended us for both human rights and immigration.

We are proud of our partners, Alison Hunter, Barry O’Leary, Diana Baxter and Katie Dilger, all four of whom are listed in this year’s rankings.

Alison Hunter is ranked as a Band 1 lawyer by Chambers in both ‘Immigration: Human Rights, Appeals and Overstay’ and ‘Immigration: Personal’, and as a ‘Leading individual’ by the Legal 500 for ‘Immigration: Human Rights, Appeals and Overstay’:

“Alison Hunter is an enormously bright and knowledgeable immigration practitioner with many years of expertise. She is the go-to solicitor on EU matters post-Brexit and on international adoption cases.”

Barry O’Leary is also co-ranked as a Band 1 lawyer by Chambers 2024 in both ‘Immigration: Human Rights, Appeals and Overstay’ and ‘Immigration: Personal’, and as a ‘Leading individual’ by the Legal 500 2024 for ‘Immigration: Human Rights, Appeals and Overstay’:

“He brings private law excellence to immigration law. He is really tactics-focused, and he is good at having open conversations with the Home Office.”

Diana Baxter has risen up the rankings this year and she is now ranked as a Band 1 lawyer by Chambers 2024 for ‘Immigration: Human Rights, Appeals and Overstay’, while maintaining her Band 2 ranking for ‘Immigration: Personal’. She is also a ‘Leading individual’ in the Legal 500 rankings for ‘Immigration: Huan Rights, Appeals and Overstay’:

“Diana is extremely clever and great with clients. She always gets great results.”

Finally, new partner Katie Dilger is recognised by the Legal 500 as a ‘Next generation partner’ and highlighted by Chambers 2024 as an ‘Associate to Watch’ for personal immigration work:

“Katie has a genuine passion for her work and a determination to help her clients. Her work is absolutely outstanding.”

We are very grateful to our clients and peers for their amazing testimonials:

‘Wesley Gryk are one of the best in the field for privately paying asylum and immigration. They are meticulously well-prepared and on top of their game in terms of client management and case strategy.‘

‘Absolutely fantastic team, very experienced and knowledgeable, clear and timely communication, provided consistent and structured guidance taking into account and understanding my particular circumstances. This team that values diversity and is very respectful of each other and the clients.’

‘An all round excellent firm for immigration work, particularly cases with an LGBT element. They are very well known for applications arising from surrogacy arrangements overseas.’

Filed Under: News and Updates, The Firm Tagged With: Immigration

Sudan crisis highlights why UKVI shouldn’t hold on to passports while processing applications

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4th May 2023 By Diana Baxter

We were very proud this week to have helped a Sudanese father-to-be successfully evacuate to the UK despite his passport being held by the now closed UK Visa Application Centre in Khartoum. Sadly, many others have not been so fortunate as it is estimated that thousands of Sudanese nationals are trapped inside Sudan upon the outbreak of civil war with their passports retained by the UK and other visa authorities.

Such visa applicants are likely to be family members of British citizens, skilled workers and students resident in the UK, whose passports have been held by UKVI (or on its behalf, by the company TLScontact) for varying lengths of time. They may even include British citizens applying for Certificates of Entitlement to the Right of Abode or new passports. The last few years have seen significant delays in processing of UK visas overseas, first due to Covid (when visa offices abroad were also closed without notice, trapping applicants’ passports inside for months) and then following the Russian invasion of Ukraine. Throughout 2022, family settlement visa applications regularly took up to six months for a decision and, while the timing of these has improved recently, refugee family reunion applications are averaging 12 months or longer for a decision.

This week, we were contacted by a distraught refugee in the UK whose wife applied for refugee family reunion more than 12 months ago yet she still has no decision and her passport is still held at the VAC in Khartoum. Such delays are not unusual with refugee family reunion processing yet UKVI continues to insist that passports are retained for the decision making process, unless additional fees are paid (and not universally available) to the private contractor for a ‘keep my passport’ service. The continued logic for this is increasingly hard to justify as UKVI transitions to a digital only immigration status, where applicants’ identity can be determined through biometrics and a check of biometric passports and where visa applicants in the UK (as opposed to those applying from overseas) are, for the most part, no longer required to submit their passports for consideration.

We sincerely hope and encourage UKVI and TLScontact to assist those affected by their passport loss at the TLS VAC in Khartoum by:
• immediately sending each individual affected a formal and personalised (with the relevant passport details) confirmation of the loss of their passport;
• urgently considering their outstanding visa applications and, if successful, facilitating their entry to the UK despite the lack of passport (a FAV (‘form for affixing a visa’) can be used in these circumstances).

Filed Under: News and Updates, The Firm, Uncategorised Tagged With: Sudan, TLScontact, UKVI, visa

SBS Partnership Extended for Women Fleeing Gender-based Violence

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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

25 Today!

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6th February 2020 By Wesley Gryk

It was exactly 25 years ago this morning that Barbara Coll and I put the key in the door of our newly rented premises at 149 The Strand and walked up the narrow flight of stairs to the three rooms on the first floor we had rented to open up our new enterprise, a law firm specialising in immigration law cases with a particular emphasis on those raising international human rights issues.

Barbara, then a recent graduate in law from South Bank University, had proven her merit as an unflappable, tenacious and genuinely compassionate lawyer-in-the-making when she had served as my paralegal during her studies at what was then B M Birnberg & Co (now Birnberg Peirce) and was quite genuinely my inspiration, at the relatively advanced age of 45, to take the step of setting up on my own when it proved difficult for her to find a training contract elsewhere.

I recall very clearly that my good friend Robin Dormer, when hearing of the initiative, suggested that I was perhaps overreaching and potentially violating ‘truth in advertising’ standards by dubbing the firm “Wesley Gryk Solicitors” when, in fact, our initiative consisted of but a single solicitor and his trusty sidekick.

The Strand address seemed rather grand – and, indeed, the premises were reputed to have been the home of the renowned 18th-19th century actress Sarah Siddons, whom her contemporary critic William Hazlitt, perhaps inauspiciously for us, had dubbed ‘tragedy personified’. The reality of the premises was less grand, basically three rooms over a Balti House (whose rich aromas would assault us in particular during the summer months when windows needed to be open for circulation) in that still rather undeveloped string of buildings between King’s College and Waterloo Bridge.  (Although then and now, one stand out premises on this particular stretch is The India Club located on the first floor of the still more than slightly dilapidated Hotel Strand Continental at 143 The Strand, which became the official ‘club’ of the firm for many years and remains my ‘go to’ West End Bar for a quiet drink and conversation with a friend.)

If one were to choose a single adjective to describe Barbara’s and my feelings when entering our new home it would be ‘daunted’. We had purchased from the previous occupants of the offices a job lot of all of the furniture they were leaving behind, which we found stacked up in piles in the main office. Subsequently, on a trip to Berlin, when visiting the Stasi (the secret police of East Germany) Headquarters in the Lichtenberg district of the city, I was to make the discovery that our job lot of what seemed rather tacky blond-veneered furniture was the old East Germany’s premier furniture line and graced the offices of no less a personage than the infamous head of the Stasi, Erich Mielke!

We had electricity, running water and I can’t quite recall whether the landlines were operating although I am pretty certain they weren’t. (Large brick like mobile telephones were not to become available in the firm until at least several years later.) We couldn’t quite face the prospect of lugging down the stacked desks from their heaps that first morning and, quite sensibly, decided that a more positive initiative would be to take a long walk to the headquarters of the British Section of Amnesty International to buy some posters to stick on the walls. The one poster we purchased that morning which remains very much in my memory was a large black and white photograph of the lone citizen of the People’s Republic of China (since dubbed ‘Tank Man’) who stood up to the onslaught of tanks during the Tiananmen demonstrations in 1989.

Rather portentously, we saw the image of that single man standing up to the powers of the State as emblematic of what we hoped to achieve.

To cut a long story short, the phones were indeed eventually connected and little by little they began to ring. As with any new enterprise, we had to begin by taking the messy and complicated and difficult cases that no one wanted. We got a boost when, through previous contacts in the Gulf States, we were hired to ensure the grant of asylum to a cluster of leading Shia dissidents from Bahrain. And nicely juxtaposed and contrasting with that work was the very rewarding work which we were doing with same sex couples to try to establish their immigration rights in the United Kingdom.

Barbara, after two long stints with the firm, has gone on to do great things in the field of international humanitarian protection work, most recently serving a dangerous tour of duty with an INGO inside the Syrian border where her mission was the legal protection of international refugees and internally displaced Syrians, a mission which had to be curtailed when President Trump ordered the withdrawal of US troops from the area.

Happily, the firm has gone on to justify the use of the plural in its name, with now a total of four partners (two of whom, Alison Hunter and Barry O’Leary, have been hard working and faithful companions through thick and thin for more than 20 years—with Diana Baxter, the relative ‘youngster’ in the partnership, having joined us in January 2008), five other solicitors, six trainees and paralegals and five support staff (including our practice manager Robert Connor, a more than twenty year veteran and Barrie Tate, who reaches his 20th anniversary with the firm as a legal secretary in July).

A key moment in terms of the firm’s securing a solid position came in the year 2000 when, with the generous help of three large loans from my late dad, a friend and the bank, we acquired our current premises at 140 Lower Marsh, a characterful market street behind Waterloo Station. Again, not luxurious, but very much ‘fit for purpose’ and our home ever since.

Perhaps the key point which I can make for anyone else contemplating the leap of setting up their own practice is that I have never for a moment regretted the decision notwithstanding all of the vicissitudes which we have encountered along the way, not least of which has been our decision to ‘flounce out’ of the legal aid system when we felt it had been eviscerated to the point where it was not feasible for us to offer the same service to our legally aided clients as to our fee-paying clients.

More recent challenges, of course, have been the imposition of the ‘hostile environment’ by then Home Secretary Theresa May in 2012, which continues to affect the decision making of the Home Office today; Brexit and the uncertainty which it has brought to the future of millions of Europeans in the United Kingdom who have for decades been making a powerful contribution to our society; the resultant rise of social attitudes all too tolerant of xenophobic and anti-immigration propaganda; and, most recently on a mundane level, the integration into the Home Office’s immigration procedures of private contractors who, while clearly reaping large profits at the expense of the immigration system, have made our day-to-day attempts to operate in that system a bureaucratic nightmare through their ineptitude.

In spite of it all, it remains a worthwhile and fulfilling project to be standing up to such challenges and it provides a focus for our energies in the current political environment which otherwise would be likely to lead us to despair. I am sure that this is a feeling which we share with the hundreds of friends and allies with whom we continue to work and cooperate in the legal and NGO worlds. Long may our struggle together continue.

Filed Under: History, The Firm

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