News and updates | Wesley Gryk Solicitors LLP

Wesley Gryk Solicitors maintains its top tier rankings for 2023

20th October 2022 By Diana Baxter

We are delighted to announce that Wesley Gryk Solicitors LLP continues to be ranked as one of the UK’s leading Immigration firms by both Chambers 2023 and the Legal 500 2023.

WGS is ranked as a Tier 1 firm by the Legal 500 2023 for ‘Immigration: Human Rights, Appeals and Overstay’ and by Chambers 2023 for both ‘Immigration: Human Rights, Appeals and Overstay’ and ‘Immigration: Private’.

All of our three partners, Alison Hunter, Barry O’Leary and Diana Baxter, are ranked as ‘Leading individuals’ by the Legal 500, with senior solicitor Katie Dilger listed as a ‘Key lawyer’.

Described by Chambers 2023 as a “fantastic firm”, partners Alison Hunter (“absolutely fantastic”) and Barry O’Leary (“truly outstanding”) are ranked as Band 1 lawyers in two immigration categories, and Diana Baxter (“a star lawyer in the ascendant”) is in Band 2. For private immigration work, senior solicitor Katie Dilger is an Associate to watch.

We are particularly proud of our fantastic testimonials this year:

‘They know their stuff like no-one else. At Wesley Gryk, clients are guaranteed to have a service which is second to none. They are at the top of their game in relation to tactics, case preparation, and expertise in the areas of immigration law they practice in. Briefs are always prepared to an exceptionally high standard.’

‘Besides the outstanding technical competence, the relationship with clients is very humane, which provides much needed reassurance and comfort during stressful moments.’

‘The level of expertise demonstrated by Wesley Gryk Solicitors was exceptional. Their lawyers provided excellent guidance, and a deep understanding of the Home Office was used with good impact.’

Amendments to the requirements to naturalise as a British citizen

29th September 2022 By Rachael Ockenden

Two of the requirements to naturalise as a British citizen relate to the lawfulness of an applicant’s residence in the UK. Firstly, there is the requirement to complete five years’ lawful residence immediately preceding the application (or three years if you are married to a British citizen). The second requirement falls within the good character criteria which includes compliance with the immigration rules in the 10 years preceding the application.

The Nationality and Borders Act brought in amendments to these provisions on 28 June 2022 and the nationality guidance has recently been updated to reflect these changes.

Where an individual holds indefinite leave to remain in the UK (ILR), they can be treated as meeting the lawful residence requirement during the qualifying period, without further enquiry.

This is useful for many EEA nationals and their family members who may not have resided in the UK in accordance with the EEA Regulations, for example if they did not have Comprehensive Sickness Insurance, but were granted settled status under the EU Settlement Scheme.

The guidance also now states that breaches relating to illegal entry, absconding and overstaying may also be disregarded in the 10 year period, provided that they have been granted ILR and there are no concerns arising in relation to this.

The new, more generous provisions apply only to naturalisation applications submitted on or after 28 June 2022.

We understand that some clients who were previously advised against applying to naturalise may now be eligible under the new provisions. We would encourage anyone with any queries on these changes to contact us for advice.

Nationality by registration: special circumstances

16th September 2022 By Ilhaan Dirshe

The Nationality and Borders Act 2022 amended the British Nationality Act British Nationality Act 1981 (BNA 1981) and introduced a new discretionary route allowing adults to register as British citizens. This new provision came into force on 28 June 2022.

Section 4L Acquisition by registration: special circumstances outlines three new instances when the Secretary of State would grant citizenship to an adult. An adult can be registered if they would have been, or would have been able to become, a British citizen but for the following:

historical legislative unfairness
an act or omission by a public authority, or
exceptional circumstances relating to the applicant.

Historical legislative unfairness

‘Historical legislative unfairness’ is defined in the Act to include circumstances where previous legislation treated men and women differently, or treated children differently depending on the marital status of their parents. Other sections have already previously been introduced to the BNA 1981 to correct such historical discrimination, but this is a mopping up provision designed to fill any previous gaps in rectifying complex historical nationality legislation.

The Act and accompanying guidance focuses on unfairness rooted in protected characteristics, such as gender, although the definition of ‘historical legislative unfairness’ is not restricted and may leave open the possibility of seeking to make applications based on other types of unfairness.

Act or omission of a public authority

Section 4L (1) (b) allows for registration of an adult where the applicant missed out on being or becoming a British citizen as a result of an act or omission of a ‘public authority’. Examples could include where an applicant was previously issued a British passport in error for many years, only coming to light after they had lost a previous entitlement to register as British; or a local authority failing to apply to register a child in their care as British where they were eligible to do so.

Exceptional circumstances

Finally, Section 4L (1) (c) allows for registration in ‘exceptional circumstances’. These must not only relate specifically to the applicant, but there must also be a clear causal link between these exceptional circumstances and the individual’s inability to become a British citizen. The guidance has made it clear this is not a last resort should you fail to meet other requirements, and the example provided is a parental child abduction case, which prevented the individual from becoming a citizen. This would not have been an exceptional circumstance had the family decided to move elsewhere, but the fact that it was outside the control and without the consent of one of the parents, means it falls under the scope of exceptional circumstances. Another example is young persons who are adopted in the UK after they turn 18 years old, but where the adoption proceedings started while they were a minor. Under the BNA 1981, a child adopted in the UK will automatically become a British citizen if one of the adopters is British, but only while they are still a minor. This conflicts with adoption law which allows an adoption to take place beyond the age of 18, and the new s4L provides a route for such young people to benefit and register as British.

Application process

There is a new Form ARD for ‘special circumstances’ registration. Whether or not a fee is payable depends on whether the applicant would have acquired the status automatically but for the special circumstances (no fee is payable except the ceremony fee) or whether they would only have qualified for registration or naturalisation (in which case the full registration or naturalisation fee is due).

If you require advice in relation to the above, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

What happened to the requirement to register with the police?

1st September 2022 By Nikhil Kabariya

In early August, a notice was published on the Metropolitan Police’s website stating that the Police Registration Scheme had come to an end. After some confusion about whether the scheme had been withdrawn, the Home Office confirmed on their website that it closed on 4 August 2022.

The Police Registration Scheme was in place for many years. It required nationals of over 40 countries, stateless persons, and those with non-national travel documents to register themselves with the police if they were aged 16 or over and granted more than six months’ limited leave to enter or remain in the UK under certain categories. There were some exemptions to the scheme. For instance, individuals with refugee status or leave as the partner of a person settled in the UK were not normally required to register.

Those with the condition imposed on their visa had to update the police with changes to their personal details, including their name, address, and visa details. Criticism about the usefulness of the scheme grew as efforts to introduce an online portal over the Covid pandemic did not appear to assist much with the efficiency of the service.

The Metropolitan Police has confirmed that there is no longer a need for people to comply with a requirement to register. This applies to individuals with the condition listed on their visa who have already registered with the police, meaning that they do not have to notify the police about changes to their personal details. Any new visas will not contain the condition. The police announcement explains that those who have been issued a visa containing the requirement but are yet to travel to the UK will be informed before travelling or have a new visa issued to them. It is unclear how this will happen in practice.

Although the law giving effect to the requirement to register has yet to be changed at the time of writing, the assumption is that it will not be enforced given that the Home Office and Metropolitan Police have confirmed the withdrawal of the scheme.

Nevertheless, certain changes must still be reported to the Home Office as requested for those with visas or biometric residence permits. See the government website for more information.

If you require advice in relation to the above, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Joint Parliamentary briefing on Afghanistan August 2022

19th August 2022 By Caroline Asken

The Immigration Law Practitioner’s Association (ILPA), along with multiple other organisations including Human Rights Watch, Scottish Refugee Council have issued a parliamentary briefing on Afghanistan, one year on from the Taliban taking control of the country following the withdrawal of US and allied forces.

The briefing addresses human rights abuses committed by the Taliban and outlines the problems associated with the Afghan Relocations an Assistance Policy (ARAP) and the so-called Afghanistan Citizens Resettlement Scheme (ACRS) and makes recommendations for the government.

UK Relocation and Resettlement Schemes

The UK Government evacuated around 18,000 people, including more that 6,000 British nationals, to the UK during Operation Pitting following the Taliban’s takeover.

The UK Government set up two schemes for the relocation and resettlement of Afghan nationals and certain family members.

The ARAP scheme launched on 1 April 2021 to relocate former military interpreters and other staff. The briefing comments that the scheme remains not properly functioning, being marred by ongoing substantive and procedural problems. As of 27 July 2022, around 10,100 eligible individuals and their families have been relocated to the UK under ARAP. It states that thousands of Afghans remain at real risk because of their work with the UK mission in Afghanistan and they have yet to be relocated to the UK. The briefing refers to reports of a backlog of 23,000 applications since October 2021, with only one in four applications having been processed and many applicants not having received a decision a year on. The briefing comments that many Afghans still remain excluded from the ARAP scheme due to the heightening of risk thresholds to levels unduly restrictive, in December 2021.

The ACRS was announced in August 2021 and formally opened in January 2022 and committed to resettle more than 5,000 people in the first year and up to 20,000 over the coming years. Afghans already in the country following Operation Pitting were moved into ACRS and counted towards its places. The briefing comments that this decision reduces the number of places available in the scheme and emphasised that the UK commitment to 20,000 is significantly less than other countries, such as Canada, that has doubled its commitment to resettling 40,000. It confirms there have been no further updates on how many individuals have been resettled or relocated under the three pathways outlined in the scheme.

Recommendations

The recommendations in the briefing include:

expediting all ARAP applications, providing applicants with clear timelines and urgently relocating eligible Afghans; and
expanding the ARAP scheme to ensure that all Afghans who worked alongside, in partnership with or closely supporting the UK Government, who currently fall outside the narrow categories of the scheme, are eligible for relocation, emphasising that it should not be unduly restrictive; and
increasing the number of ACRS places beyond 20,000 by at least the amount of those who arrived in the UK under Operation Pitting and were counted under pathway one of the ACRS scheme (approximately 6,500, including British nationals and their family members); and
ensure the schemes are adequately resourced and managed to allow decisions to be made in a timely manner; and
ensure the same approach for all refugees, regardless of origin, and establish an Afghan family reunion scheme, on parallel terms to the Ukraine Family Scheme.

The full briefing can be found here: Parliamentary Briefing on Afghanistan