020 8369 6084

Expertise

EXPERTISE

Our Legal Expertise

We concentrate on providing our client’s with honest assistance and tailored information.
We provide guidance in the most areas of law, in particular Immigration.
Giving clear strategic immigration advice, our dedicated client teams assist with providing comprehensive support with UK matters.
We provide a dedicated service to support investors, entrepreneurs and families moving to the UK, permanent residence and British Citizenship.
We are recognised experts in dealing with complex UK and EU immigration issues and have extensive experience of litigating judicial review cases and appeals. We work closely with our private client, real estate, corporate, employment and family law and can advise on all related issues of moving to and living in the UK.

Immigration

Human Rights and International Protection

 

Alongside its renowned personal and corporate immigration departments Oaks Solicitors maintain and unparalleled reputation in assisting individuals with complex personal circumstances who require international and human rights protection.

Oaks Solicitors handle domestic and international (extradition) proceedings alongside claims for intertional protection (e.g. asylum), human rights-based applications and appeals, all under one roof. This provides our clients with significant advantages.

 

Consistency

 

By dealing with all of client’s protection matters, Oaks Solicitors are able to ensure that a global case strategy is followed do ensure the best possible outcome.

In complex cases, expertise in extradition law alone is often not enough. A coordinated strategy is required and a claim for international protection will often be the only way of protecting a client’s interest.

In addition, there may be applications to the European Court of Human Rights or the General Court of Justice of the EU.

 

Confidentiality

 

These cases often involve extremely sensitive issues and prospective witnesses may be extremely wary about providing statements to several groups of lawyers. In addition, thought must be given at an early stage to the extent to which certain evidence can be deployed. The interplay between extradition proceedings and claims for international protection and other ancillary litigation is complex. Oaks Solicitors have experience of managing the most sensitive of cases and in indentifying the most appropriate forum in which to defends case.

 

British Citizenship and Nationality

 

British Nationality

 

British nationality law is one of the most complicated and complex laws in the world, in part because of Britain’s history and historical relationship with other countries in the world. In some cases it will be necessary to go back several generation to indentify whether and individual is a British citizen or is entitled to apply for British citizenship.

 

There are six different types of British nationality. These are:

 

  1. British citizenship
  2. British overseas territories citizen
  3. British overseas citizen
  4. British subject
  5. British national (overseas)
  6. British protected person

 

There are then two types of British citizenship, those who are “British citizens otherwise that by descent, and those who are “British citizens by descent”. Being a “British citizen otherwise than by descent” is more advantageous then “by descent”.

 

Determining whether an individual automatically qualifies as a British citizen depends on three factors:

 

  1. Where they were born.
  2. When they were born and
  3. Their parents circumstances

 

In relation to the other five types of British nationality these are mostly from the legacy of the British Empire and will not normally provide a right to live or work in the UK without the correct Immigration status.

 

Some individuals may be British but do not hold a UK passport. In these cases an individual may be eligible to apply for a Certificate of Entitlement to the Right of Adobe in their foreign passport, which will allow them to live and work in the UK as a British citizen without holding a UK passport.

 

For Those who are not automatically a British citizen to become British they either need to be naturalised or registered as one.

 

Naturalisation

 

Naturalisation is the most common way for adults who were not born British to become a British citizen. To apply to naturalise as a British citizen they will have to fulfill the residency requirements and hold Indefinite Leave to Remain/Permanent Residence. They will also need to demonstrate sufficient knowledge of the English Language and Life in the UK be of good character and have the intention to make the UK their home. The good character is mainly based on previous immigration history and an individual’s criminal history.

 

Registration

 

Registration is the only way that a child under the age of 18 can become a British citizen and is also used for adults in special circumstances. It is not necessary do demonstrate sufficient knowledge of the English Language and Life in the UKI however anyone over the age of 10 still subject to the good character requirement.

 

Immigration for Individuals

 

Oaks Solicitors is proud of its reputation as of the leading law firms in London who deal with Immigration as a specialism. We are committed to providing an outstanding level of guidance service and results to all of our clients.

 

We understand that our immigration clients face ucertainty and anxiety. We recognise that seeing and immigration lawyer often only happens at a difficult and stressful time in our clients’ lives. We want to provide you with high quality advice and representation that will lessen, and not add to your worries.

 

So at Oaks Solicitors we provide outstanding value and enables you to gain a

 

The Home Office’s Points-Based System is the UK’s immigration regime relating to those wishing to apply to gain initial admission into the UK and permission to remain for all forms of business and employment related immigration as well as those who wish to study in the UK.

 

Oaks Solicitors provides specialist advice and legal representation throughout the application process of the Points-Based System, both for applicants themselves and for the employers and education providers who sponsor them.

 

The Points- Based System

 

Since its gradual introduction in 2008 and 2009 the Home Office’s Points-Based System has replaced the previous range of immigration routes for those seeking to enter the United Kingdom for employment to invest in the UK to set up in business or to study in the UK although many of the criteria which used to be applicable to those routes continue to operate for qualification under the new system With a few exceptions entry under the Points-Based System leads to eligibility to apply for settlement and thereafter for UK nationality.

 

Tier 1 Highly skilled workers, entrepreneurs, investor and graduates

 

The only part of the regime which does not require applicants to be sponsored either by an employer or an education provider. It has six subcategories. Investor, Entrepreneur, Graduate Entrepreneur, Exceptional Talent, General (closed to new applicants) and Post-Study Work (also closed to new applicants)

 

Tier 2 Highly skilled workers, entrepreneurs, investor and graduates

 

Tier 2 For skilled workers sponsored by employers holding a Tier 2 sponsor licence issued by the Home Office to come to the UK either in order to fill a job for which no suitable employee is available from the resident labour market (Tier 2 (General)), or for people already working for a company outside the European Economic Area who are required to join their employer’s UK Office on a temporary basis (Tier 2 (Intra Company Transfer)). Additionally, Tier 2 has separate subcategories for Ministers of Religion and for Sportspeople.

 

Tier 4 Sponsored skilled workers-Students

 

Tier 4 For those wishing to study in the UK. Tier 4 (General) and Tier 4 (Child) Students have to be sponsored by a college or a school (in the case of Tier 4 (Child) Students) which has been granted a Tier 4 sponsor licence by the Home Office.

 

Tier 5 Temporary workers

 

Which has two subcategories. Tier 5 (Youth Mobility), enabling young people from Australia, Canada, Japan, New Zealand, Monaco and Taiwan to live and work in the UK for a period of two years, and Tier 5 (Temporary Workers), for those sponsored by licensed UK employers to come to the UK on a temporary basis.

 

Eligibility for entry under the Points-Based System is heralded as being genuinely objective. A key feature of this is the absence of any discretion exercisable by the Home Office’s staff when considering applications for entry clearance and for leave to remain. To this end applicants must prove their entitlement to leave to enter or remain by the production of documents specified by the Secretary of State in guidance published on the Home Office’s website. The Immigration Rules point out that if and application is not accompanied by these specified documents it will not meet the requirements of the Rules.

 

The requirements for eligibility under each Tier are subjects to frequent variation. Keeping abreast of the law is therefore a fulltime occupation and there are many pitfalls for the unwary. Anyone making an application under the Points-Based System is strongly advised to obtain professional legal advice.

 

Business Immigration

 

Oaks Solicitors business immigration solicitors have extensive experience in handling all immigration matters that may affect you as a business, whether you are a multinational company or an SME.

 

We understand that your business needs to be able to employ the best possible candidates in order to excel in the UK’s international economy. We have an excellent track record of successfully assisting businesses in this area of practice, which we attribute to our specialised team of lawyers who are able to offer services varying from strategic immigration planning to implementation ensuring that you are guided throughout each stem of the process. We can assist your business through each stage of the application process offering our guidance and extensive expertise to ensure a smooth application process for you and your business.

 

If your business has previously had a sponsor licence application revoked we can also assist you in appealing against this decision by way of judicial review. If you are a multinational company based overseas and are looking to establish your presence here in the UK, we can assist with all aspects of ensuring compliance within the requirements under the sole representative route.

 

For more information please contact our team today on 0208 369 6084 or e-mail us at info@oakssolicitors.com

Commercial

We are able to advise and assist you with any of the following matters:

  • Residential Sale and Purchase
  • Commercial Sale and Purchase
  • Leases
  • Tenancy Agreements
  • Property Development
  • Landlord and Tenant including Freehold and Leasehold Disputes

If you require help with any of the above matters, please contact us

Divorce

DIVORCE

 

Technically speaking, divorce is a legal process that is carried out in court.

 

The only ground for divorce is that the marriage has broken down irretrievably. This must be proved by establishing the existence of one of five factual circumstances.

 

  1. The Respondent has committed adultery and the Petitioner finds it impossible to live with the Respondent.
  2. The Respondent has behaved in such a way that the Petitioner cannot reasonable be expected to live with them.
  3. The Respondent has deserted the Petitioner for a continous period of at least two years immediately before the start of the divorce.
  4. The couple has lived apart for a continuous period of at least two years immediately before the start of the divorce.
  5. The couple has lived apart for a continuous period at least five years immediately before the start of the divorce.

 

Note that in legal terms, the person who starts the divorce is referred to as the Petitioner and the other is referred to as the Respondent.

 

If the divorce is not defended, you do not have to attend court. Following the end of divorce procedure, you can simply apply for legal confirmation (known as the Decree Absolute.)

 

Timing

 

The length of the process differs from case to case. However, you should be aware that you cannot issue a petition for divorce unless you have been married for more than a years.

 

How to proceed:

 

If you have made the painful decision to separate or divorce, we believe that reaching an agreement without going to court, either by Mediation or Collaboration (below), is the best option for al concerned, particularly if there are children involved. The good news is that from a purely practical point of view, this is often more efficient too, taking less time and therefore costing less.

 

However, we do recognise that in urgent matters, such as one partner selling assets, the abduction of child and particularly in cases involving domestic violence robust and decisive action is required.

 

In any of these events, we advise you to make an urgent application to the COurts so that your position is protected.

 

We follow the Law Society Family Law Protocol as best practice and we will always discuss all your options and their costs so that you can reach the best possible agreement. In addition, please note that as members of Resolution, we are committed to a constructive and non-confrontational approach to divorce and separation.

 

Mediation

 

Oaks Solicitors, as a qualified Family Mediator can act as Mediator for you in both financial and or children issues or can refer you to supportive and experienced local mediators.

 

As your Mediator Bernadette will be impartial and neutral and will work with you to facilitate proposals in a safe and constructive way through as series of meetings.

 

Contact Oaks Solicitors to see how this can work for you.

 

Using this method, both parties agree at the outset not to go to court. Instead, they work with each other and their lawyers though a series of face-to-face meetings in order to find solutions which best meet the needs of the whole family.

 

Unlike in mediation, a solicitor works with throughout, giving you throughout, giving you both legal advice and support in the meetings

 

Once an agreement has been reached, we would prepare an official document to be presented to the court and made into an order. Again, neither party has to attend court.

 

If an agreement cannot be reached and the matter needs to be referred to the court, we cannot continue to represent you, having agreed at the outset not to use the court process.

 

Traditional/Court Proceedings

 

If agreement cannot be reached through negotiated settlement then court proceedings are issued.

 

“Throughout the difficult process of my divorce I felt the personal touch was very supportive, the legal representation was well informed and the application was effective, and in combination these produced an good result on my behalf. ”

 

Protecting your financial interests

 

In any divorce or separation, agreeing on financial matters can be very complicated. How should capital assets be split for example? Or how can the needs of both parties and-any children-be met from the capital available?

 

Agreements about what will happen to a couple financially are made on the basis that there has been full disclosure of all assets, including, for example, capital, income and pensions. Once this information has been disclosed, and both parties have had an opportunity to question the other’s disclosure, each side puts forward a proposal in an attempt to reach settlement.

 

Once settlement is reached, we prepare a document setting out the terms of the agreement and send the draft order to court for approval. Once approved, the agreement becomes legally binding and whatever settlement has been made goes into effect.

 

 

If however, the negotiations breakdown or agreement cannot be reached then court proceedings are issued. This process, which can take between ten and twelve months, involves three court hearings. If and agreement hasn’t been reached in the first two, the judge will make a decision in the third hearing of behalf of both parties.

 

Financial agreements/orders cover:

 

  1. How the needs of both parties and children’s housing can be met from the capital available.
  2. How capital assets should be apportioned
  3. Valuation of businesses and companies
  4. Division of income; payments to wife or husband, to include consideration of interim maintenance, school fees and child maintenance.
  5. Pension Sharing Orders.

 

We have a lot of experience is this area and can advise you on the best way to protect yourself.

 

If at any time you are suffering from violence at home or from harassments., please inform us as soon as possible and we will advise you of your legal rights.

 

Remember that the earlier you take action, the safer you will be.

 

Usually, we advise obtaining what is called a Non-Molestation Injunction Order and Occupation Order: these injunctions legally prevent your partner from assaulting you and/or your children.

 

They can also stop your partner from coming within a certain area or stop ay other specific behaviour that’s relevant, such as living with you in the same property.

 

If you’re worried you may be harmed in the near future, we can help protect you by making an urgent application to the courts. As above, if you’re in any doubt, please contact us as soon as possible.

Family

Our solicitors are fully versed in assisting the acquisition, disposal and mortgaging of properties. We can also help with swift remortgaging arrangements as well as the following:

  • Loans and Legal Charges
  • All aspects of Buy-to-Let property investment
  • Transfer of Equity / Change of legal ownership between existing or new title holders
  • Re-mortgage

Re-mortgaging a property asset involves transfering from one lender to another, either to obtain a more favourable mortgage rate or to extend the loan term. We can guide you through the entire process, ensuring that it is as simple and straightforward for you as possible.

 

Employment

We are able to advise and assist you with any of the following matters:

  • Residential Sale and Purchase
  • Commercial Sale and Purchase
  • Leases
  • Tenancy Agreements
  • Property Development
  • Landlord and Tenant including Freehold and Leasehold Disputes

If you require help with any of the above matters, please contact us

Conveyancing

We are able to advise and assist you with any of the following matters:

  • Residential Sale and Purchase
  • Commercial Sale and Purchase
  • Leases
  • Tenancy Agreements
  • Property Development
  • Landlord and Tenant including Freehold and Leasehold Disputes

If you require help with any of the above matters, please contact us

 

Prices

Our team has over twenty years of experience in providing assistance with immigration services. We are able to advise you on the legal requirements, your eligibility, the range and content of documentation required, processing timescales as well as your prospects of success. We offer personal, efficient and cost effective solutions to all of your immigration needs.

Our team of specialist immigration lawyers can assist you with the following visas:

For individuals

  • General Visitors
  • Highly skilled migrants
  • Skilled workers
  • Investors
  • Entrepreneurs
  • Students
  • EEA Family Permits
  • Fiancés and Prospective Civil Partners
  • Spouse and Civil Partner
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