Wesley Gryk Solicitors LLP

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25 Today!

Wesley Gryk

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

Global Talent Route

Nath Gbikpi

5th February 2020 By Nath Gbikpi

Last week, the government published a press release announcing a Global Talent route to replace the Tier 1 (Exceptional Talent) route, calling it “a new, fast-track visa scheme to attract the world’s top scientists, researchers and mathematicians”. Our firm assists with many Tier 1 (Exceptional Talent) applications for artists and those in the digital technology sector, and we would have been sad to see that option go.

Fortunately, it has not; artists and those in the digital technology sector can still apply for a visa on the basis of their talent, along with scientists, engineers, researchers and academics. In fact, there are almost no changes between the “old” Tier 1 (Exceptional Talent) route and the new Global Talent route for most applicants. The only changes are positive, in that more researchers and academics should now be able to benefit from this route.

What is the Global Talent Route?

Using the Home Office’s own words, the Global Talent Route is a route for

Talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technologies and art and culture (including film and television, fashion design and architecture).

How does the route work?

There are two stages to the application:

  • Being endorsed by an endorsing body

The first step is for applicants to be endorsed by a body with expertise on their topic. The endorsing bodies are:

  • The Royal Society, for science and medicine
  • The Royal Academy of Engineering, for engineering
  • The British Academy, for humanities
  • UK Research and Innovation for other scientists and researchers working at specific organisation
  • Tech Nation, for digital technology
  • Arts Council England, for arts and culture

Endorsing bodies can endorse applicants under the Exceptional Promise category, for those who have the potential to be leaders in their field; or under the Exceptional Talent category, for those who are already leaders in their field.

The Home Office has specific rules on the criteria to be met to be endorsed, and which documents need to be submitted with the application for endorsement.

  • Applying for a visa or for leave to remain to the Home Office

Once they have been endorsed, applicants have 3 months to apply for a visa or for leave to remain to the Home Office. For the application to be successful, they will just need to show that they do not fall for refusal under the General Grounds for Refusal, which, broadly speaking, relate to a person’s immigration and criminal history.

Q&A

When will it be introduced?

The Tier 1 (Exceptional Talent) category which exists currently will continue until 20 February. The Global Talent Route will come into force on that date.

Can I take up any job I want?

You can take up any job except employment as a doctor or dentist in training; or as a professional sportsperson.

You should be aware, however, that when applying for indefinite leave to remain, you will need to show that you have earned money by working in your field of expertise.

How long will my visa be?

You can chose to get a visa valid for 1 year, 2 years, 3 years, 4 years or 5 years. If you are applying from outside the UK, you will be given 4 months on top of that (for example, if you apply for a visa for 2 years from outside the UK, you will be granted 2 years and 4 months).

In most cases, we would recommend that you chose at least 3 years; or 5 years, depending on when you will be eligible for indefinite leave to remain (see below).

How much does it cost?

Immigration fees tend to increase every year, in or around April. At the time of this post, the fees are:

  • Endorsement application: £456
  • Application for leave to enter or remain after endorsement: £152
  • Application for a dependant: £608
  • Immigration Health Surcharge: £400/year (for example, if you apply from abroad and ask for a visa valid for 2 years, you will be given a visa valid for 2 years and 4 months, and will need to pay £400×2.5 = £1,000)

Can I apply from within the UK?

You can only apply from within the UK if you are currently here on a Tier 1 visa, a Tier 2 visa, a Tier 5 (Temporary Worker- Government Authorised Exchange) visa for sponsored researchers; a Start-up visa or an Innovator visa.

Can I get Indefinite Leave to Remain?

Yes, applicants can get to indefinite leave to remain after 3 or 5 years, depending on their field of expertise and whether they are in the Exceptional Talent or Exceptional Promise category.

In short, those applying in the fields of science, engineering, humanities and medicine can all apply for indefinite leave to remain after 3 years.

Those applying in the fields of digital technology and arts and culture can apply after 3 years if they have been endorsed as Exceptional Talent; or 5 years if they have been endorsed as Exceptional Promise.

In some cases, you can combine the time you have spent in another category with the time spent under the Global Talent Visa.

You will also need to show that, during your time in the UK, you worked and earned money in your field; and that you have not been out of the UK for more than 180 days in any 12 months (but there are some exceptions for applicants in the fields of science, engineering, medicine and humanities who have been out of the UK for the purpose of research).

Can my family members join me?

Yes, your partner and children can come with you to the UK; or join you here. Your family members will also need to pay an application fee and the Immigration Health Surcharge.

If you require advice on this route, please contact us on contact@gryklaw.com or on +44 20 7401 6887.

Filed Under: News and Updates

Immigration after Brexit

Alison Hunter

31st January 2020 By Alison Hunter

 

Immigration after Brexit

For many of us, today is tinged with sadness as the United Kingdom leaves the European Union at 11pm tonight.  For others it is of course, great cause for celebration.

Immigration played a significant role in the outcome of the referendum and one of the arguments for leaving the EU was the idea that the UK should be able to control its borders.  But what is the position in terms of immigration law now and what is likely to happen in the future?  I have set out below what we know so far.

EU citizens

Although the government is understandably not keen to publicise this, during the transition period that is in place up until 30 December 2020, EU free movement law continues and all EU citizens have the same rights to enter the UK, reside here and work as they did when the UK was in the European Union.

However, European citizens and their family members, or anybody who currently resides in the UK on the basis of European law and wants to remain here, needs to register under the European Settlement Scheme. The government expects people to have applied by 30 June 2021.  We are however urging people to do it by the end of this year, as currently it is unclear on what legal basis these people will be able to remain in the UK from December 2020 onwards if they have not registered on the Settlement Scheme.

Global Talent Visa

Boris Johnson has announced a new Global Talent visa for which people will be able to apply for from 20 February onwards. The aim is to ensure that highly skilled people, and particularly scientists, have a smooth entry route to the UK to carry out research in the fields of science and medicine.  It also though encompasses people who have digital technical or engineering expertise, academics, and those who are leaders in the arts and culture.

‘Australian style’ points based system – the future immigration scheme

Finally this week, the Migration Advisory Committee (MAC) issued its 272 page report that was commissioned by the government setting out where it sees the priorities for the immigration scheme that will come into force in January 2021.

Despite the government heavily trailing an ‘Australian style’ points based system, the MAC has been much more conservative and has recommended that the current Tier 2 (employer sponsored worker) scheme stays in place with some modifications,  The main proposal is to reduce the salary threshold to £25600 (from £30000) .  The MAC though has not endorsed regional differentiations in salary levels despite the well recognised disparities in pay throughout the United Kingdom.

The MAC was also not as enthused as the government about a points based system.  Although it grapples with the idea, it suggests a relatively restrictive approach for highly skilled workers only.  It envisages awarding points for characteristics such as qualifications, age, English language skills and for priority sectors of the job market.

Conclusion

It remains to be seen how the government will respond and what they will be put in place.  What we do know is that the new immigration system will have to address the loss of free movement of people from Europe with all the benefits this has provided for employers, such as flexibility and easy access to all skill levels of labour. Getting the new immigration system right for the United Kingdom will be no small task!

If you require advice on the EU settlement scheme or the new global talent visa, please contact us on contact@gryklaw.com or on +44 20 7401 6887.

 

Filed Under: Brexit, EU, News and Updates Tagged With: Advice, Brexit, Immigration

Hundreds of homeless people will be at risk of deportation after Brexit

Tom Oiller

26th November 2019 By Tom Oiller

One of our lawyers, Isabella Mosselmans, who is a founder of Here for Good, a charity which provides free legal advice to vulnerable EU citizens, has given an interview to the Independent on the risk to vulnerable EU citizens:

https://www.independent.co.uk/news/uk/home-news/brexit-homeless-eu-nationals-deport-home-office-a9217636.html

Filed Under: Uncategorised

The Immigration Rules do not (but should!) protect all victims of domestic abuse – the case of stranded spouses

Nath Gbikpi

15th November 2019 By Nath Gbikpi

Last week, I received a refusal on a visa application for a client, married to a British citizen, who was a victim of domestic abuse in the UK. The domestic abuse culminated in her being abandoned abroad. We call this phenomenon “transnational marriage abandonment”. Southall Black Sisters describe it as

the deliberate removal of vulnerable migrant women from the protections of this country by their husbands and in-laws who discard them abroad as if they were disposable commodities. It is an extreme form of psychological abuse since it denies women access to justice in the UK. It amounts to a gross violation of dignity and human rights.

Transnational marriage abandonment was recently recognised as a form of domestic abuse in the Family Procedure Rules 2010.

My client, as many others, had been told by her husband and in-laws that they would go to her country for a 3-month holiday. Once there, her spouse took her and her British citizen child’s passports and left. They were effectively stranded abroad with no means of returning to the UK.

We applied for a visa for my client asking that she is granted indefinite leave to enter as a victim of domestic abuse. The application was refused.

What are the provisions for victims of domestic violence, and why do we need them?

The Immigration Rules make provision for partners of British or settled citizens to apply for indefinite leave to remain if they are in the UK on the basis of their relationship, and the relationship breaks down as a result of domestic abuse.

Provisions for migrant domestic abuse victims were first introduced in 1999, following campaigning by Southall Black Sisters. When the issue was debated in the House of Commons back in June 1998, the then Parliamentary Under-Secretary of State for the Home Department stated

when the overseas spouse becomes the victim of domestic violence during her first year here, she faces the prospect either of staying within that violent relationship or of being refused settlement if she escapes from it, because the marriage would then no longer be subsisting

The idea was that those migrants whose right to reside in the UK depended on their relationship with their British or settled spouse should be allowed to remain in the UK even after the relationship broke down, if the reason for the breakdown was domestic violence. If not, they would be faced with the impossible choice of staying in an abusive relationship to be able to remain in the UK on the one hand; or leaving the UK on the other hand.

Why do the rules not work for victims of transnational marriage abandonment?

Unfortunately, one of the requirements to be granted indefinite leave to remain as a victim of domestic abuse is to be in the UK at the time of the application. This means that victims of transnational marriage abandonment, who have been recognised as victims of domestic abuse, cannot make use of these provisions.

There is no rational reason not to allow victims of domestic abuse to apply for indefinite leave from abroad. When the provisions were first introduced, the Home Office accepted that individuals who came to the UK as partners, with an expectation to settle in the UK, should be allowed to stay even if their relationship breaks down because of domestic violence. Domestic abuse victims who are stranded abroad had the same expectations.

Once it is accepted that transnational marriage abandonment is a form of domestic abuse, the requirement to be in the UK at the time of application creates a fundamentally flawed system which prevents victims of domestic abuse to apply for indefinite leave on the grounds that…they are victims of domestic abuse!

Not being able to return to the UK also often prevents these persons from initiating, let alone engaging effectively with, family and criminal law proceedings. They may be prevented from seeing their children; claiming financial maintenance; or bringing their perpetrator to justice. On return to their country, they may be stigmatised and discriminated against for having been abandoned. An excellent study by the University of Lincoln on this topic highlighted how:

In the case of transnational marriages, abandonment is embedded within a pattern of domestic violence and coercive control exercised over the woman. Additionally, by strategically abandoning their wives in their home country and then filing for divorce in foreign courts, transnationally mobile South Asian migrant men make it almost impossible for their wives to participate in legal proceedings. These actions by husbands deprive women of their financial rights such as an equitable settlement upon divorce, child custody and recovery of dowry. The impact of abandonment also creates contexts for further forms of violence against women due to the stigma associated with divorce, women’s vulnerability within natal families and issues related to inheritance and residence arrangements within the natal home after divorce. This research shows that beyond the various processes of control and individual acts of harm that lead to and outlast the act of abandonment in transnational marriages, abandonment itself constitutes a form of violence against women. It is rooted in and results in gendered devaluation of women and is enabled by gender-blind transnational formal-legal frameworks, which construct abandoned women as an inferior class of citizens and as a category of women who can be abused and exploited with impunity.

Not allowing victims to return to the UK perpetuates this cycle of abuse, preventing them from access to justice and reparation, effectively cooperating with the abuser and allowing British citizens who have sponsored their foreign spouses to come to the UK to abuse of their position of power and be perpetrators of domestic violence with impunity.

What can the Home Office do?

Credit where credit’s due, some sympathetic Home Office caseworkers have assisted us in bringing stranded spouses back to the UK by allowing us to make applications outside of the rules. Typically, our clients would be granted visas valid for 1 month, 3 months or 6 months and, once in the UK, we would apply for indefinite leave to remain relying on the domestic abuse provisions. Those applications have generally been successful.

This is, however, a fundamentally unfair system, where only those few privileged persons who manage to get hold of legal representatives who manage to get hold of sympathetic caseworkers have a chance to return to the UK. Anyone familiar with the current immigration system will know that only a handful of people will fall in this category.

Even then, the recent refusal of my client’s application shows that relying on the discretion of sympathetic caseworkers does not always work.

There is, however, a very simple solution: amending the one sentence in the rule that requires victims of domestic abuse to be in the UK. This will open up provisions which already exist to protect victims of transnational marriage abandonment, and will show that the Home Office and British government are serious about their commitment to protecting victims of domestic abuse.

Filed Under: Uncategorised

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Latest News

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  • The UK’s new points-based immigration system
  • International Surrogacy Arrangements & British Citizenship Registration Applications – A Positive Change in the Nationality Guidance
  • “I have a permanent residence document, do I need to apply for settled status?”
  • LGBT+ History Month and the ‘Coming of Age’ of Same-Sex Relationship Immigration Rights
  • 25 Today!
  • Global Talent Route
  • Immigration after Brexit
  • Hundreds of homeless people will be at risk of deportation after Brexit
  • The Immigration Rules do not (but should!) protect all victims of domestic abuse – the case of stranded spouses
  • Wesley Gryk Solicitors LLP listed in Times Best Law Firms 2020
  • London’s Wesley Gryk Solicitors receives commendation in prestigious legal awards
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  • Home Office publishes new guidance on ‘Good Character’ in citizenship applications
  • Insights into the public pilot of the EU Settlement Scheme

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