Practice Areas

Immigration & Asylum

Immigration & Asylum

Have you or yourloved ones encountered problems relating to staying or working in the UK?

Do you employ foreign national workers and wish to assist them with their work visas? Are you worried about what effect Brexit will have on your present status?

As members of the Law Society’s Immigration Practitioners’ Group we can avail of a wealth of experience in the Immigration & Asylum law sector to meet the needs of you, your loved ones or your business. We offer a no charge initial appointment to establish your needs and provide clear advice tailored to your situation. We will secure Legal Aid funding for you where applicable.

We can offer experienced, efficient and cost effective advice on the following:

Immigration Applications:

The myriad of forms and options involved with most personal applications can be extremely daunting for an individual wishing to regularise or extend their leave.  In an area where a missed deadline or wrong choice of form can be hugely detrimental, we can guide you through the process.We can assist with the following:

- European Economic Area (EEA) and Article 8(ECHR) Applications

- Derivative and Discretionary Leave

- Family Visas (Long term partner, spouse, civil partner and other family members)

- Tourist and Short Stay Visas

- Refugee Leave and Travel Documents

- Settlement

- British and Irish Citizenship

At McLernon Moynagh we have a wealth of experience in Global Mobility Services and advise both corporate and private clients across the full range of work and student visas, to include:

- Tier 1: Entrepreneur, Exceptional Talent,General, Graduate Entrepreneur, Investor

- Tier 2: General, Intra-company transfer,Minister of Religion, Sportsperson, Priority Service

- Tier 4: Student Visas, Short Term Study (Child& General)

- Tier 5: Temporary Worker (Charity Worker, Creative and Sporting, International Agreement, Religious Worker, Youth Mobility Scheme).

- Sponsor Workers and Students: Licences and certificates of sponsorship for employers and universities / colleges.

Asylum Applications:

We represent asylum seekers at all stages of their application process:

- Attendance at Larne House Immigration Centre,PSNI Station or other location for initial instructions.

- Arranging for Legal Aid and booking of interpreter where required.

- Attendance at Screening and Substantive interviews with the Home Office.

- Advising on Home Office Refusals. Preparation of appeals before First Tier and Upper Trier Immigration Tribunals where required. 

- Completion of Refugee Leave Extension and Travel Document applications when needed.

- Liaising with NICRAS and extended charity sector to attend to needs of asylum seekers while their case is being processed or appealed.

- Advising on any Home Office policy or treatment of asylum seekers that is open to challenge by way of Judicial Review.

As leading solicitors for the LGBT community we have particular experience in acting for those who have fled sexual orientation or gender based persecution in their own country.

Tribunal Appeals Judicial Reviews:

If your application is refused by the Home Office we can prepare your appeal and appear before the Immigration and Asylum Tribunals on your behalf. We can challenge adverse decisions of the Home Office or any other public body by way of Judicial Review.

Police Station Attendance and Bail:

We are on call to assist those detained under immigration law at Police Stations and Larne House Immigration Detention Centre. On your instruction we will lodge and present bail applications before the Immigration and Asylum Tribunal in order to secure your release.

Removal and Extradition:

Where Removal Directions have been set, we will act quickly and efficiently to establish whether they can be challenged or whether injunctive relief can besought. We have considerable experience in Extradition Law and over the years we have acted to ensure many requested persons have been allowed to remain lawfully in this jurisdiction.

Brexit and Ongoing Developments:

We are fully aware of the uncertainty abounding in this area due to the UK’s pending exit from the EU. While details remain unclear, it does appear that all EU citizens,and their family members, who are living in the UK at the time of the UK’s departure will be required to apply for settled status. Those EU citizens and their family members arriving after the UK’s departure will be able to apply for permission to remain, but subject to immigration rules which are not yet known.

It remains to be seen as to what effect the overhaul of legislation grounded on EU law across the spectrum will have on the most vulnerable members of society, of which asylum seekers and the immigrant community form a significant part.

As members of the Law Society of Northern Ireland’s Immigration Practitioners’ Group we are well placed to advise of ongoing developments in the Brexit process as soon as they happen. 

We would invite all those who think they may be affected to arrange an appointment with us. An early meeting can allay unfounded fears while proper advice at an early stage can be invaluable in preparation for future applications.

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T. 028 9042 2038

144 High Street, Holywood, BT18 9HS, F.028 9042 5292