Services


we works in all areas of immigration and nationality law. We advise and represent cases before the UK tribunals. We can assist with initial applications and appeals on the below categories:

 

Immigration

Family & Children

Family Matters

Commercial Leasing

Commercial Leasing...

Benefit & Housing

benefit / Housing

Others & Miscellaneous

miscellaneous....

 

Immigration


Immigration:

We works in all areas of immigration and nationality law. We advise and represent cases before the UK tribunals. We can assist with initial applications and appeals on the below categories:

  1. Visitors: Family, Academic, Sports, Entertainment, Business, Private Medical Treatment, Marriage 
  2. Points Based System, Tier 4: Student visas 
  3. Points Based System Tier 2: Work permit applications (Certificate of Sponsorship), Intra-company transfers, Sportsperson & Minister of Religion 
  4. Points Based Scheme (PBS) Tier 1 applications: Highly Skilled Migrant, Investors, Enterpreneurs & Post-study work 
  5. Settlement applications 
  6. Human Rights applications and appeals 
  7. Family Unions (spouse/partner, children, fiance(e), grandparents and other dependent relatives) 
  8. Extensions of stay & Indefinite Leave applications in any of the above categories
  9. EU Applications 
  10. Non EU family members applications of EU citizen 
  11. UK Citizenship and Naturalisation 
  12. Immigration appeals 
  13. Sponsorship Licence for tier 2 applications 

 

We are able to assist clients through the different stages of appeals. For example, if your appeal was dismissed at first tier tribunal, we can assist with the permission to appeal to the First tier and Upper tier Tribunal.

We have experience of dealing with all types of applications and appeals. Whether you are an individual coming to the UK to work, study, settle, or want to switch your current status, Immigration Chambers can guide you safely through the complexities of immigration law. We are able to advise you whether you have right of abode in the UK as well as provide assistance to domestic violence victims who are under immigration control.

We have had quite a few cases which we successfully applied and appealed that involved disabled people’s family members/spouse.

Also, there have been rapid and continued changes in tier 4 (student visas) which is affecting many students. We are able to deal with complex cases involving students. We keep abreast of these changes on a day to day basis in order to provide our clients with high standard of service which we believe they deserve.

UK immigration law is such that it changes rapidly and frequently. As a result, many people are not aware that their particular circumstances can be resolved through various means that may not always be limited to immigration rules. If there are ambiguities in the immigration rules, Judges often clarifies the ambiguity in reported decisions or Court of Appeal decisions which we can use in favour of our clients.

If you do not see what you are looking for, or if you require further information on whether we can assist with your application, please contact us.

Article 8 claims (1 heading)

The amended Immigration Rules will for the first time set out the requirements that all types of case raising Article 8 must satisfy in order to establish an Article 8 claim. In the past applicants were granted discretionary leave in two 3 year periods. This will no longer be the case. Applicants will be granted 30 months period for 10 continuous years.

 

7 years/Private Life

From 09 July 2012, a person may be eligible to have the right of stay or leave to remain in the UK showing a private life here in the UK.

The ’14 year rule’ is abolished on 09 July 2012 when the new Immigration Rules come into effect.

Now, in order to be eligible to apply for leave to remain on the basis of private life in the UK, the Immigration Rules will instead require the applicant to have:
·         At least 20 years’ continuous residence in the UK (lawful or unlawful), discounting
any periods of imprisonment, and subject to the criminality thresholds; or
·         Be under the age of 18 and have continuously resided in the UK for at least seven years; or
·         Be aged 18 or over but under 25, and have spent at least half their life continuously residing in the UK; or
·         Be aged 18 or over, have continuously resided in the UK for less than 20 years, but have no social, cultural or family ties with their country of origin.

 

Those who already apply or are granted entry or leave to remain in this category

Applicants (spouses, children or dependants) who have entered the UK in this category already or who apply for entry clearance before 9th July will not be affected except with regard to the requirement to pass the higher English test (i.e. the Life in the UK test as well
as a test at B1) from October 2013

Requirements for indefinite leave to remain on the grounds of private life in the UK
The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
·         the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months;
·          the applicant has no unspent convictions;
·         the applicant has sufficient knowledge of the English language and
sufficient knowledge about life in the UK unless the applicant is under the age of 18 or aged 65 or over at the time the applicant makes the application; and
·         there are no reasons why it would be undesirable to grant the applicant indefinite leave to remain based on the applicant’s conduct, character or associations or because the applicant represents a threat to national security.

Dependent Relatives (1 heading)
Adult and elderly dependents who want to settle in the UK have to be related to a person present and settled in the United Kingdom in one of the following ways:
·         parent or grandparent who is divorced, widowed, single or separated aged 65 years or over; or
·         parents or grandparents travelling together of whom at least one is aged 65 or over; or
·         a parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but cannot look to the spouse, civil partner or children of that second relationship for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or civil partner or child of the second relationship who would be admissible as a dependent; or 
·         parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances; or
·         parents or grandparents travelling together who are both under the age of 65 if living in the most exceptional compassionate circumstances; or
·         the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances; and
·          is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
·         is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and
·         can, and will, be accommodated adequately, together with any dependents, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and
·         can, and will, be maintained adequately, together with any dependents, without recourse to public funds; and
·         has no other close relatives in his own country to whom he could turn for financial support; and
·         if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity; and
·         
However after 09 July 2012, adult and elderly dependents who wish to settle in the UK will only be allowed where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK. And
·         
They will only be able to apply from overseas rather than switching in the UK from another category such as a visitor.

·         Evidence of the family relationship between the applicant(s) and the sponsor should take the form of birth or adoption certificates, or other documentary evidence:
·          Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care should take the form of:
·         Medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks; and
·          This must be from a doctor or other health professional.
·         Evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:
·         a central or local health authority;
·         a local authority; or
·          a doctor or other health professional.
·         If the applicant’s required care has previously been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available.

Family Settlement


Family Settlement

A person wishing to come to the UK on the basis of their relationship to a British citizen or person present and settled in the UK must apply for entry clearance to enter the UK in that capacity.

The requirements to be met by a person seeking leave to enter the UK with a view to settlement as the spouse or civil partner of a person present and settled in the UK are that: 

  • the applicant is married to or the civil partner of a person present and settled in the UK or who is on the same occasion being admitted for settlement; and 
  • the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless: 
  • the applicant is aged 65 or over at the time he makes his application; or 
  • the applicant has a physical or mental condition that would prevent him from meeting the requirement; or; 
  • there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or 
  • the applicant has obtained an academic qualification(not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK or 
  • the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and 
  • has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK 
  • the parties to the marriage or civil partnership have met; and 
  • the applicant must be of 18 years old
  • each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and 
  • there will be adequate accommodation for the parties and any dependents without recourse to public funds in accommodation which they own or occupy exclusively; and 
  • the parties will be able to maintain themselves and any dependents adequately without recourse to public funds.

Financial requirements

From 9 July 2012, the existing maintenance requirement for partners will be replaced by a financial requirement based in most cases on the sponsor’s earnings from employment (or those of the sponsor and applicant where both are in the UK). The minimum required is a gross annual income of £18,600 for a couple, plus £3800 for the first child and £2400 for any subsequent children.

The income requirement can be met by:
·         Income from employment or self-employment of the sponsor (and/or the applicant if they are in the UK with permission to work).
·         Specified non-employment income of the sponsor and/or applicant.
·         State (UK or foreign) or private pension of the sponsor and/or applicant.
·         Any Maternity Allowance and bereavement benefits received in the UK by the sponsor and/or applicant.
·         Cash savings of the sponsor and/or applicant, above £16,000, held by the sponsor and/or applicant for at least six months and under their control.
·         Exemption from the financial requirement, where the sponsor is in receipt of a specified disability-related benefit or Carer’s Allowance in the UK.

Previous, current or prospective employment and earnings, or any job offer, of the migrant applicant will not be taken into account when first applying from overseas for a visa to come
to the UK.

Where the sponsor is in the UK and in paid employment, they must be in that employment
(at the required salary level) at the point of application and either have been so continuously for the previous six months (at the appropriate salary throughout) or have earned the required amount through salaried employment in the 12 months prior to the application.

Promises of support from third parties will not be accepted (although they can continue to
offer accommodation).

If they meet the criteria will be granted 5 years leave. An initial period of 30 months will be granted, followed by a further period of 30 months on application and finally an application for indefinite leave. There will be fees payable at every stage. 

Common grounds for refusal
Most cases where individuals have been denied a visa for failing to meet the requirements according to the entry clearance officer (ECO) at the British post abroad. Most decisions will carry a right of appeal that must be exercised within 28 calendar days of receiving the decision. 

Some of the most common reasons for refusal are as follows:
1. Lack of sufficient documents including:
·         No evidence/proof that UK based sponsor can maintain the applicant
·         Lack of evidence to show adequate accommodation or that there will not be overcrowding
2. Marriage not conducted lawfully or accepted as genuine including:
·         Lack of contact between sponsor and applicant (i.e. emails/telephones bills/letters)
·         Proxy marriages not conducted in accordance with laws of the country in which they took place
As experienced Solicitors, we can assist you whether you are making an initial or fresh application, whether you have been refused and wish to exercise a right of appeal or even where you have been denied a right of appeal.
For further information on how we can help, please contact us on 020 7650 7970 or alternatively email us at 
kingdomsolicitors.co.uk

The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:
A person wishing for an extension of stay as the spouse or civil partner of a person present and settled here has to fulfil the following conditions:
·         the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless:
·          the leave in question is limited leave to enter as a fiancé or proposed civil partner; or
·         the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and
·         is married to or the civil partner of a person present and settled in the United Kingdom; and
·         the parties to the marriage or civil partnership have met; and
·         the applicant has not remained in breach of the immigration laws; and
·         each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
·         there will be adequate accommodation for the parties and any dependents without recourse to public funds in accommodation which they own or occupy exclusively; and
·         the parties will be able to maintain themselves and any dependents adequately without recourse to public funds; and
·         the applicant provides an approved original English language test certificate as applicable
·         It is to be noted that the new financial threshold has to be satisfied by any new applicant wishing to switch in to this category from another immigration status.

 

The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:
·         the applicant was admitted to the UK for a period not exceeding 27 months or given an extension of stay for a period of 2 and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the UK.
·          the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and
·         each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
·         there will be adequate accommodation for the parties and any defendants without recourse to public funds in accommodation which they own or occupy exclusively; and
·         the parties will be able to maintain themselves and any defendants adequately without recourse to public funds; and
·         the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
·         the applicant does not have one or more unspent convictions.
·         In case of any bereaved partner, the person whom the applicant was admitted or granted an extension of stay to join died during that period; and
·         the applicant was still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join at the time of the death; and
·         each of the parties intended to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership was subsisting at the time of the death.

Visit Visa


Visit Visa – Under Construction

Tier 2 Visa ( Work Permit)


Under Construction

Tier 4 (Student Visa)


Under Construction

Visa For EU Citizen & Family


Temporary Work Visa


Under Construction

Human Rights (Visa For Overstayer)


Under Construction

Long Residence


Under Construction

7 Years Child Route


7 years/Private Life

From 09 July 2012, a person may be eligible to have the right of stay or leave to remain in the UK showing a private life here in the UK.

The ’14 year rule’ is abolished on 09 July 2012 when the new Immigration Rules come into effect.

Now, in order to be eligible to apply for leave to remain on the basis of private life in the UK, the Immigration Rules will instead require the applicant to have:
·         At least 20 years’ continuous residence in the UK (lawful or unlawful), discounting
any periods of imprisonment, and subject to the criminality thresholds; or
·         Be under the age of 18 and have continuously resided in the UK for at least seven years; or
·         Be aged 18 or over but under 25, and have spent at least half their life continuously residing in the UK; or
·         Be aged 18 or over, have continuously resided in the UK for less than 20 years, but have no social, cultural or family ties with their country of origin.

 

Those who already apply or are granted entry or leave to remain in this category

Applicants (spouses, children or dependants) who have entered the UK in this category already or who apply for entry clearance before 9th July will not be affected except with regard to the requirement to pass the higher English test (i.e. the Life in the UK test as well
as a test at B1) from October 2013

Requirements for indefinite leave to remain on the grounds of private life in the UK
The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
·         the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months;
·          the applicant has no unspent convictions;
·         the applicant has sufficient knowledge of the English language and
sufficient knowledge about life in the UK unless the applicant is under the age of 18 or aged 65 or over at the time the applicant makes the application; and
·         there are no reasons why it would be undesirable to grant the applicant indefinite leave to remain based on the applicant’s conduct, character or associations or because the applicant represents a threat to national security.

British Citizenship (Naturalisation)


Under Construction

Premium Service


Premium (‘Same Day’) Application


The UK Border Agency offers a Premium (Same Day) application service for several categories of application. Premium (Same Day) appointments should be used for applications that are deemed to be straightforward, and are unlikely to require prolonged investigation by the UK Border Agency caseworker assessing the case. Providing the application is straightforward, the same day process can allow individuals to avoid normal lengthy processing times. In order for an individual to submit an application “directly” using the Premium Service, an appointment must be set with the UK Border Agency. However, securing an appointment can be very difficult and time consuming due to a shortage of appointment slots. Individuals may repeatedly fail to secure appointments, and where they succeed, their appointment is likely to be in several weeks’ time.

An individual may be able to apply at a premium service centre if they are already living in the UK and wishes to either:

  • Extend their limited leave to remain applications (extension applications)
  • Or settle permanently in the UK  settlement application; Indefinite Leave to Remain

Please note: when applying for settlement, premium service appointment must be

  • At least 48 hours after your Life in the UK Test

And;

  • Within 28 days of completing your qualifying period

Kingdom Solicitors are able to secure appointment slots for the following types of applications:

  • Further Leave to Remain (FLR (O)
  • SET (O) – Indefinite Leave to Remain, including those made under the HSMP Forum Judicial Review
  • SET(M) – Indefinite leave to remain for spouse visa holders
  • No Time Limit applications
  • Point Based System [PBS] Tier 1 (General (including HSMP extensions) and Post Study Work). Please note, that applications for Tier 1 (Investors) and Tier 1 (Entrepreneurs) cannot be made using the Premium Service.
  • Tier 2 Visa Applications
  • Tier 4 
  • Point Based System (PBS ) Dependents

FEES

Currently, to apply via premium (day) service at a premium service centre, the fees stand at £400.00 this fee is in addition to the standard application fee and the health surcharge.

Please note: Premium Services Fees are exempted for individuals who are:

  1. Applying for an European Economic Area (EEA) registration certificate or;
  2. Of Croatian Nationality and intend to work in the UK.

OUR OFFICE FEES

Our fee for a Premium (Same Day) is £1,000 in addition to our normal postal charge.

If you require a Premium (Same Day) appointment, please contact us by calling 020 7650 7970.

Immigration Appeals


Under Construction

Family Matters


Family matters

 

 

 

Divorce


Divorce

Family problems can cause emotional complications, anxiety, anger and stress .Firstly we try to resolve problems amicably in order to avoid litigation and costs. We always encourage parties to take a step back and make a decision that is reasonable. We try our best to ensure that all parties take their emotions out of the matter at hand, so that the right decisions can be made relating to finances or children.

Divorce in England & Wales is granted on the basis of the irrevocable breakdown of marriage. There are currently five grounds for divorce, like: Adultery, Unreasonable behaviour, Desertion, Two years’ separation with consent, Five years’ separation without consent.
Issues: which very often depend upon divorce and most people considering issuing a divorce petition or who have received one should very likely take legal advice so that they fully understand the position and the issues involved. The greatest number of disputes is called’ ancillary relief’- i.e. resolving the financial issues between the parties. There are also specific issues about divorce of concern to men in particular to which great attention needs to be paid if the husband is not to come out of the process feeling aggrieved and regarding himself as the victim of injustice. And, of course, most people want to know that the costs of a divorce and the time scale are. It is important if one of the parties wishes to remarry.

 

 Children involvement: When children are involved, the divorce can become a complicated undertaking. If it is separate from spouse where children will live and what access arrangements the other parent will have must be decided. The court would rather these matters are agreed by the parents who are divorcing, but when an agreement can’t be reached the court will make a ruling (called a court order) that will set out who the children will live with, and what access the other parent will have.
The court will not grant your final decree until it is satisfied that the dependent children’s well-being has been taken care of. A dependent child means anyone under 16 years of age, or under 19 years of age if in full-time education. Step-children and adopted children both are under this definition, but not foster children.
When you send in your petition for divorce to the County Court, the court will look at your paperwork and see if you have agreed where your children will live (residence) and how contact with them by your spouse (contact) has been arranged.

If you and your spouse can’t agree on how residence and contact will be arranged you can apply to the court for a court order under Section 8 of the Children Act 1989. If a court order is needed a solicitor can help you to apply this

Domestic Violence


Domestic Violence

Domestic violence as bullying- both men and women can be bullies. Bullying can be defined as a ‘systematic abuse of power’. Men tend to use more physical aggression and women tend to use more relational aggression. Both can have a devastating effect on their victim.

Many people struggle in relationships where violence is a factor. We offer advice and assistance in obtaining non-molestation injunctions and in securing the occupancy of the matrimonial/family home..Domestic violence assault occurs in our society regardless of social class or race. IT isn’t just women who are victims, there are abused men too.Statistics indicate that almost a third of abused women and nearly two thirds of abused men tell no-one of the worst incidents. Many people do not know where to get help for domestic violence. We can provide you with advice in relation to domestic violence for women and children as well as for men. Often domestic abuse sufferers experience loss of self-esteem which makes it difficult for them to take and follow through the steps necessary to leave an abusive relationship. They don’t know where to get help for abuse and are scared. It is harmful for a child to see or hear domestic violence being inflicted upon another. Persons who perpetrate violence frequently minimize or deny the abuse and blame the sufferer for causing the situation.

Forced Marriage Orders


Forced Marriage Orders

Forced marriage is an abuse of human rights.No one should be forced into a marriage against their will. Forced marriage is when someone in your family or community makes you get married against your will, example-threaten to hurt  if you don’t go through with it, tell you that a relative is unwell and that if you don’t get married, their illness will get worse, say that if you don’t get married it will bring shame on your family.

Forced marriage is not same as an arranged marriage. In an arranged marriage, two families arrange for two people to meet and get to know each other. Whether or not they end up getting married is up to the couple. If you live in England or Wales and want to stop a forced marriage you can ask a court for a Forced Marriage Protection Order. The purpose of the forced Marriage protection Order is-stop a forced marriage from happening ,stop someone from being taken abroad ,get passports back, make someone say where they’re hiding someone else ,stop intimidation (bullying) or violence .

A Solicitor can help you to apply for a Forced Marriage Protection Order. It doesn’t matter if the marriage ceremony took place here or abroad, you can end a forced marriage legally in the UK .The most common way to do this is by getting an ‘annulment’. An annulment is when a court says that the marriage was never legal in the first place.
Sometimes it’s easier to end a forced marriage by getting a divorce. A solicitor will be able to tell you which way is best for you.

Cohabitation and pre-nuptial agreements


Cohabitation and pre-nuptial agreements

Cohabiting couples i.e. Non- married couple who live together, do not generally have automatic rights to each other’s property. If a partner dies, cohabiting does not entitle a person to inherit.

However, if a cohabiting couple separates and there are children involved, both cohabiting partners may have rights and responsibilities.-even if only of them is the biological parent of the child(ren).

Here at Kingdom Solicitors, we assist in making cohabitation agreements for those individuals who are living together but are not planning on getting married or entering a civil partnership. Cohabitation agreements addresses issues relating to how a cohabiting couple want to handle their financial matters.

During this time, we also encourage cohabiting couples to make a will and consider issues such as taking on parental responsibility for step children; both of which we assist in.

Pre-marital Contract

For couples getting married (or entering civil partnership), a pre-marital contract/ agreement achieves a similar role. Such agreements are important where there are substantial assets involved or children from a previous marriage.

Although a pre-marital contract may not be strictly enforceable, an agreement that’s been agreed prior to entering a marriage can influence the financial outcome if ever a couple divorce in the future. We ensure that drafting and finalising of such agreements/ contract are drawn up properly.

Pre-nuptial agreement usually covers, but not limited to the following:

  • How assets including money, shares, pension etc. are to be divided
  • What will happen to parties’ properties- who will entitled to live where?
  • Any ongoing maintenance payments to paid to the other party and how long
  • Any maintenance to be for the children
  • In international cases (e.g. if a couple own properties in more than one country or one or both persons are of different nationalities), the country where the divorce proceedings are to take place.

Financial order


Under Construction

Non Molestation Order


under construcation

Child Matters


Under Construction

Child Arrangement orders


Under Construction

Parental Responsibility


Parental Responsibility

All mothers and some fathers have parental responsibility toward their children.

A father usually has parental responsibility if he’s:

  1. married to the child’s mother;

 

  1. listed on the birth certificate (depending on which part of the UK the child was born in and after a certain date)

You can apply for parental responsibility if you don’t automatically have it.

Unmarried parents

An unmarried father can only get legal responsibility for his child in the one of the following ways:

  • jointly registering the birth of the child with the mother (from December 2003)
  • getting a parental responsibility agreement with the mother
  • getting a parental responsibility order from a court

 

The procedure is different in Scotland and Northern Ireland

Persons who have parental responsibility have many important roles towards the child.

These include:

  • Providing a home for the child
  • Protecting and maintaining the child
  • Making decisions regarding the child’s education
  • Agreeing to the child’s medical treatment
  • Naming the child and agreeing to any name changes
  • Looking after the child’s property/assets

Parental responsibility for a child whom you don’t live with doesn’t necessary entail a right to have contact with them; however, the other parent is still required to keep you updated about their well-being and progress.

Here at kingdom solicitors, we ensure that adequate attention is given to such sensitive cases. We assist persons in applying to court for parental responsibility if they meet all relevant requirements.

  • You will need to be connected to the child, i.e. as their father, step-parent or 2nd female parent.
  • More than 2 people can have parental responsibility for the same child.

You cannot apply for parental responsibility if you are the child’s mother as this is an automatic responsibility bestowed upon you once the child is born.

Special Guardianship


Special Guardianship (Adoption and Children Act2002)

A Special Guardianship Order is an Order whereby one or more individuals are appointed to be a child’s “Special Guardian”. This is a new concept introduced as part of recent changes in adoption law. It provides an alternative solution where adoption may not be appropriate.

The effect of a Special Guardianship Order is that while it is in force, a Special Guardian has parental responsibility for the child named in the Order and subject to any other Order in force, a Special Guardian is entitled to exercise parental responsibility to the exclusion of any other person who has parental responsibility for the child (apart from any other Special Guardian). A Special Guardian must be aged 18 years or over and must not be a parent of the child in question.

Special guardianship secures the foundation for building a permanent relationship between the child and their special guardian, while preserving the legal link between the child and their birth family. The Adoption and Children Act 2002 provides the legal framework for special guardianship under the Children Act 1989. Provides:
• Who may apply for order
• The circumstances in which the order may be made
• The nature and effect of the orders
• Support services affected by special guardianship

Who can apply:
• A person can apply to be a Special Guardian either individually or jointly with someone else – or several others. If two of you apply, you don’t need to be married. A child’s parent can’t be made that child’s Special Guardian.

  • A person apply to the court for Special Guardianship if:
    He/she is 18 or over.
    He/she is the child’s guardian.
    You’re a local authority foster carer and the child’s lived with you for a year immediately before the application. .
    You have a residence order relating to the child, or the consent of everyone a residence order relates to the child’s lived with you for three out of the last five years.
    You have the local authority’s consent if the child is in local authority care.
    You have the consent of everyone with parental responsibility for the child. You have the court’s permission to apply.
    A court can also make a Special Guardianship order during family proceedings about a child’s welfare if they think that’s the best solution -the child always comes first.

If you want to apply for a Special Guardianship order, you need to notify the local authority in writing three months in advance. The exception is this if you have the court’s permission to make an application when there’s already an application for an adoption order.
Procedure:
1. Need to give the local authority three months’ written notice of your intention to apply to the court.
2. The local authority will investigate your suitability to become the child’s Special Guardian.
3. An application also is made to the court.
4. The local authority then submits a report on your suitability.
5. The court will consider your application and the local authority’s report and then makes a decision

 

Adoption


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Commercial Leases


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Buying & Selling


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Assignments


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Benefits


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Housing Benefits


Housing Benefit Claims

You may be eligible for Housing Benefits to assist you in paying for your rent if you are on a low income.

Housing Benefit can pay for part or all of your rent. How much you are entitled to, depends on your income and circumstances.

You can apply for Housing Benefit regardless of whether you are in employment.

You may also be able to get help with your rent if your benefits cease.

Housing Benefit cannot be paid for

  • Heating
  • Hot water
  • Energy
  • Food

You may be entitled to Housing Benefit if:

  • you pay rent
  • you’re on a low income or claiming benefits
  • your savings are below a certain level – usually £16,000

If you live with a partner, only one of you will receive Housing Benefit.

If you’re single and under 35, you can only get Housing Benefit for bed-sit accommodation or a single room in shared accommodation.

Who isn’t eligible

You will not be entitled to Housing benefit if:

  • Your savings are over £16,000 (unless you receive Guarantee Credit or Pension Credit)
  • You live in the close relatives home
  • You are a full time student – excluding disabled students or students who have children
  • You are residing in the UK as an European Economic Area jobseeker
  • You are an asylum seeker or sponsored to be in the UK
  • You are subject to immigration control and your granted leave states that you can’t claim public funds.


 

Council Tax Claims

·      Here at Kingdom Solicitors, we can help you with matters relating to Council Tax, provided that you meet certain requirements.

An individual will usually be required to pay Council Tax if they are 18 years or over and own or rent a property.

A full Council Tax Bill is based on at least 2 adults living in a home. Spouses/ partners living together are jointly responsible for paying the Council Tax bill.

You may get 25 % off your bill provided you count as an adult for Council Tax and meet other requirements.

If all persons residing in property are all full-time students, you will not be required to pay any Council Tax.

 

The following people are not considered an ‘adult’ for Council Tax:

  • children under 18
  • people on some apprentice schemes
  • 18 and 19-year-olds in full-time education
  • full-time college and university students
  • young people under 25 who get funding from the Skills Funding Agency or Young People’s Learning Agency
  • student nurses
  • foreign language assistants registered with the British Council
  • people with a severe mental impairment
  • live-in carers who look after someone who isn’t their partner, spouse or child
  • diplomats

 

Council Tax Reduction

  • Individuals may be entitled to a Council Tax Reduction (formerly known as Council Tax Benefits) if they are on a lower income or receive benefits.
  • You can apply if you own or rent your property; are working or unemployed.
  • The reduction depends on the individuals circumstances (eg income, number of children, benefits, residency status)
  • where they live – each council runs its own scheme
  • individual’s household income – this includes savings, pensions and your partner’s income
  • If an individual’s children or other adults reside with you.

Disability Living Allowance (DLA)


Disability Living Allowance

If you are a disabled person who needs assistance with mobility or care costs, you may be eligible for Disability Living Allowance (DLA). It is a tax –free benefit.

Please note DLA will cease for persons who were born after 08 April 1948 and are 16 or over.

You can only make a new DLA claim if you’re under 16.

You will continue to receive DLA until the Department for Work and Pensions (DWP) informs you as to

  • When it will cease and
  • Apply for a new benefit calledPersonal Independence Payment (PIP)

Your DLA will continue if you were born on or before 8 April 1948. In that case, you will not then be entitled to claim PIP.

You will however, continue to receive DLA if you’re under 16 or were born before 08 April 1948 and have an existing claim.

DLA is usually paid every 4 weeks and is paid into bank accounts.

The rate you get is made up of 2 components (parts).

  1. Care component (need help looking after yourself); and
  2. Mobility component (have walking difficulties)

The amount you receive will depend on how your condition affects you and not on the condition you have.

How much you get depends on how your disability or health condition affects you.

Eligibility

  • You can only make a newDLA claim if you’re under 16.
  • YourDLA will continue if you were born on or before 8 April 1948.

Need help looking after yourself

This includes:

  • need help with things like washing, dressing, eating, using the toilet or communicating your needs
  • need supervision to avoid putting yourself or others in danger
  • need someone with you when you’re on dialysis
  • can’t prepare a cooked main meal

You can get this part if no-one is actually giving you the care you need, or you live alone.


 

Walking difficulties

This includes:

  • can’t walk
  • can only walk a short distance without severe discomfort
  • could become very ill if you try to walk

You might also get it if you:

  • have no feet or legs
  • are assessed as 100% blind and at least 80% deaf and you need someone with you when outdoors
  • are severely mentally impaired with severe behavioural problems and get the highest rate of care for DLA
  • need supervision most of the time when walking outdoors
  • are certified as severely sight impaired and you were aged between 3 and 64 on 11 April 2011

You will need to inform DWP if your circumstances change, e.g. your condition improves or you need more help.

Assessments

You might get a letter saying you need to attend an assessment to check the level of help you need. Your benefit may be stopped if you don’t go.

At the assessment, you’ll be asked for identification. You can use a passport or any 3 of the following:

  • birth certificate
  • a full driving licence
  • life assurance policy
  • bank statements

 

Here at Kingdom Solicitors, we ensure that your claims are dealt with as smoothly and as quickly as possible.

 

Carers Allowance


Carers Allowance

Carer’s Allowance is £62.10 a week to help you look after someone with substantial caring needs.

You don’t have to be related to, or live with, the person you care for.

You must be 16 or over and spend at least 35 hours a week caring for them.

Carer’s Allowance is taxable. It can also affect your other benefits.

Eligibility

You might be able to get Carer’s Allowance if all of the following apply:

  • you’re 16 or over
  • you spend at least 35 hours a week caring for someone
  • have been in England, Scotland or Wales for at least 2 of the last 3 years
  • you normally live in England, Scotland or Wales, or you live abroad as a member of the armed forces
  • you’re not in full-time education or studying for 21 hours a week or more
  • you earn no more than £110 a week (after taxes, care costs while you’re at work and 50% of what you pay into your pension) – don’t count your pension as income
  • The rules are different in Northern Ireland.
  • There are some exceptions to these conditions if you’re living in another EEA countryor subject to immigration control.

You might not get Carer’s Allowance if you already receive one of these benefits:

  • State Pension
  • Bereavement Allowance
  • contribution-based Employment and Support Allowance
  • contribution-based Jobseeker’s Allowance
  • Incapacity Benefit
  • Industrial Death Benefit
  • Maternity Allowance
  • Severe Disablement Allowance
  • training allowance
  • Unemployability Supplement – paid with Industrial Injuries Disablement Benefit or War Pension
  • Universal Credit
  • War Widow’s or Widower’s Pension
  • Widowed Mother’s Allowance
  • Widowed Parent’s Allowance
  • Widow’s Pension

You should still apply for Carer’s Allowance even if you get these as your other benefits might be increased if you have ‘underlying entitlement’.

Underlying entitlement

You can’t normally get 2 income-replacement benefits (e.g. Carer’s Allowance and the State Pension) paid together.

This is called the ‘overlapping benefit rule’. You will have ‘underlying entitlement’ to Carer’s Allowance, if you can’t be paid Carer’s Allowance because of this rule, instead.

This might mean you could get:

  • the carer premiums in Jobseeker’s Allowance and Income Support
  • the extra amount for carers in Pension Credit
  • the carer element in Universal Credit

The person to whom you care for

The person you care for must already get one of these benefits:

  • Personal Independence Payment (PIP) daily living component
  • Disability Living Allowance (DLA) – the middle or highest care rate
  • Attendance Allowance
  • Constant Attendance Allowance at or above the normal maximum rate with an Industrial Injuries Disablement Benefit, or basic (full day) rate with a War Disablement Pension
  • Armed Forces Independence Payment (AFIP)

PERSONAL INDEPENDENCE PAYMENT (PIP)


PERSONAL INDEPENDENCE PAYMENT (PIP)

If you or your family member have a long-term ill- health or a disability, you may be entitled to Personal Independence Payment (PIP) you must be aged between 16 and 64.

The amount you receive will depend on how your condition affects you and not on the condition you have.

Your carer may be entitled to Carers Allowance if you have substantial caring needs.

If you received Disability Living Allowance (DLA)

For persons currently receiving DLA, if you were born after 08 April 1948 and are 16 or over; you will stop receiving DLA as it is going to cease. You’ll continue to receive DLA until the Department for Work and Pensions (DWP) informs you. They may invite you to apply for PIP.

You will however, continue to receive DLA if you’re under 16 or were born before 08 April 1948 and have an existing claim.

You’ll be assessed in order to work out the level of care you receive.

Eligibility

To be eligible, you must:

  • be aged 16 to 64
  • have along-term health condition or disability and difficulties with activities related to ‘daily living’ and / or mobility
  • be in Great Britain when you claim
  • have been in Great Britain for at least 2 of the last 3 years
  • behabitually resident in the UK, Ireland, Isle of Man or the Channel Islands
  • not be subject toimmigration control (unless you’re a sponsored immigrant)

You might get PIP if you’re living in or coming from another EEA country or Switzerland.

You may receive PIP regardless of whether you are in employment.

Your disability or health condition

You must have a long-term health condition or disability and face difficulties with ‘day- to day activities’ or mobility (getting around).

You must have had these difficulties for 3 months and expect them to last for at least 9 months, unless you’re terminally ill (i.e. you don’t expect to live more than 6 months).

Day-to-day living difficulties- daily living component

These include:

  • preparing or eating food
  • washing, bathing and using the toilet
  • dressing and undressing
  • reading and communicating
  • managing your medicines or treatments
  • making decisions about money
  • engaging with other people

Mobility difficulties

You may get the mobility component of PIP if you need help going out or moving around.

How you’re assessed

Your claim will be assessed by an independent healthcare professional to work out the level of care you need. This may be a face-to-face consultation.

You’ll be given a score based on how much help you need. The more care you need, the higher the score you’ll get.

DWP will accordingly make the decision about your claim based on the results of the assessment, your application and any supporting evidence you provide.

Your decision

You’ll usually get a decision 3 weeks after your assessment.

You may appeal, in the event that you’re unhappy with the decision reached.

Your rate will be regularly reassessed to make sure you’re getting the right support.

Here at Kingdom Solicitors, we ensure that your claims are dealt with as smoothly and as quickly as possible.

All Other benefits


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Landlord & Tenancy


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Housing


Housing and Homelessness

HOUSING

When landlords want to evict tenants from their property, they must first serve the tenant with an eviction notice, as this is required by law. There are two chief methods to gain back property, Section 8 and Section 21 Notices as you cannot evict a tenant without an order from the court, which are used in different situations, although sometimes both can be issued.


Section -8 Notice under Housing act 1988

This section 8 notice is used by a landlord wanting to give notice to terminate an Assured Short hold Tenancy (AST) in England & Wales (under the Housing Act), but this section 8 notice form can only be used when the tenant is in rent arrears of at least two months or more (or rent arrears of eight weeks for a weekly tenancy).
By using this section 8 notice form, not only can a landlord start the process of gaining possession of a property, but a landlord can make a claim to have the rent arrears paid along with the landlord’s reasonable costs.

Section 21(1) b
For Fixed Term Tenancies

In brief, the section 21(1)b gives the tenant notice that you (Landlord) want the property back at the end of the fixed term contract(the end date stated on the tenancy agreement). It must give them at least 2 months’ notice leading up to this date.
1 – It is pointless posting a Section 21 to the tenant without taking a copy! So print out the form, sign and date it, take a photocopy for yourself and send the original to the Tenant. Remember, if this goes to court, the Judge will ask for a copy of the Section 21!
2 – Everything on the Section 21 must be exact. You will notice that at the bottom the Section 21, the dates requiring possession are in word format. This is to avoid any potential misreading. As well, the judge may be strict and say the Section 21 is invalid if you misspell your name (as the tenants may not have known who to pay the rent to!?) or likewise it goes without saying he will dismiss it if you misspell the tenants name. It also needs to coincide with the Tenancy Agreement so if you have put Mr A Smith on the Tenancy Agreement, do not change that to Andy Smith on the Section 21.

Section 21(4)a For Periodic Tenancies

When the fixed term ends, tenancies automatically become Periodic Tenancies unless a further fixed term is agreed and a new agreement signed.
If you’re tenant is in a periodic tenancy (sometimes referred to as a rolling contract) and you require possession of the property, you will need to serve a section (4) a.
The section 21(4) a gives your tenant a minimum of 2 months’ notice to vacate, ending on the last day of a tenancy period (the date before the rent day).
The tenant, one of the tenants, or a person acting on behalf of the tenant has given false information to the landlord which resulted in the landlord granting the tenant the tenancy.
When issuing a section 8 notice to quit on a tenant it is advisable to make use of all grounds that apply. This is because not only are certain grounds considered discretionary, but also certain grounds are often hard to prove.

Residence and Contact (Section 8 Orders Under Children Act 1989) 
Residence Order determines with whom a child should live and a Contact Order determines whom the child should see. Specific Issue Orders deal with matters involving the exercise of parental responsibility and Prohibited Steps Orders are to restrict a person with parental responsibility being able to exercise it in a particular way.
Section 8 Orders and were created by the Children Act 1989 to assist couples in certain disputes involving their children. We offer – advice, assistance and representation where such Orders are appropriate and can help you make your own application. Parents or guardians of a child can apply for these orders as can any person who holds parental responsibility for the child. In addition other categories of persons including Grandparents can also apply for these orders, but permission of the court will have to be obtained in their case.A Section 8 Order may be made with respect to a child, i.e. someone who is under the age of 18 years. Section 8 Order can’t be made in respect of an unborn child

 

HOMELESSNESS


Legally homeless
You may be legally homeless if:

  1. you’ve no legal right to live in accommodation anywhere in the world
  2. you can’t get into your home – for example, because your landlord has locked you out it’s not reasonable to stay in your home – for example, because of violence or risk of violence
  3. you’re forced to live apart from your family or from someone you would normally live with because your accommodation is not suitable
  4. you’re living in very poor conditions – for example, your accommodation is so bad it‘s damaging your health.

The council must arrange a settled home for you if you’re:

  1. legally homeless through no fault of your own
  2. eligible for assistance
  3. in priority need

The council should arrange somewhere for you to live until they can offer you a settled home. This temporary accommodation could be in a house, flat, hostel or bed and breakfast hotel.

Whatever your housing problem we can help ensure that the council treats your application swiftly and fairly.
has considerable experience of challenging council housing decisions. We can advise you on your rights and, if necessary, help you take your case to court.
This process of challenging local authority decisions is known as ‘judicial review’.

Council & Social Housing


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Multiple Housing Occupations


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Wills & Probate


Wills & Probate

It is important as individuals to safeguard ones property, assets and the future security of their loved ones. At Kingdom Solicitors, we ensure that our client’s affairs are handles by lawyers who specialise in private client work.    From the drafting of wills to the administration and distribution of estates, clients can count on our sensitivity, a key requirement to deal with such confidential matters.

Power of Attorney


Power of Attorney

A Lasting Power Of Attorney (LPA) is a legal document that lets a person (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help them make decisions or to make decisions on their behalf.

Requirements:

The person must:

  • be 18 years or over and
  • Have mental capacity – the ability to make one’s own decisions – at the time of making a Lasting Power of Attorney.

There are 2 types of LPA:

  • health and welfare( e.g. the appointed attorney(s) can make decisions regarding ones daily routine, medical care, life-sustaining treatment)

 

This type of LPA can only be used when a person is unable to make their own decisions.

 

  • Property and financial affairs (e.g. the appointed attorneys can make decisions about money and property on ones behalf such as managing bank/ building society account, selling of property, payment of bills.

 

The second type of LPA can be uses as soon as it is registered; with the person (donor’s) permission.

You can choose to make one type or both.

Registering a LPA with the Office of the Public Guardian, can usually take up to 10 weeks.

 

Attesting, Apostilling and authorisation of Power of Attorneys

Here at Kingdom Solicitors, our professional solicitors, can attest a Power of Attorney. In the event that the Power of Attorney is needed abroad. It is required to apostille the document(s) (get the relevant documents legalised at the Foreign and Commonwealth Office) and then authorised by the relevant authority/High Commission in that country.

Power of Attorney for Bangladesh


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Power of Attorney for UK


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Power of Attorney & Affidavits


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Injunction


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Custom Seizure


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Health & Hygiene (Restaurants)


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Miscellaneous


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NAME CHANGE DEED


NAME CHANGE DEED

If a person wishes to change their name, they may require a deed poll. This is a legal document that proves a change of name. A person may change any part of their name, add or remove names including hyphens and changing spelling of names.

We, at kingdom solicitors, charge a small fee for this deed poll.

Requirements

You must be a least 18 years or over to make a deed poll/

There are extra rules about changing a child’s name.

In order to change a child’s name, under 18 (‘minor’); you’ll need either:

  • Agreement of everyone with parental responsibility of the child in question

OR

  • A court order*

*You must try to reach agreement before you seek such a court order.

Marriage and civil partnership

If you’re in a marriage or civil partnership. You do need a deed poll to take your spouse/partner’s name. Your documents will be updated for free upon showing your original marriage/ civil partnership certificates to the relevant record holders.

In the event of divorce/ dissolution of civil partnership

You may be able to obtain your original surname by showing record holders one of the following:

  • marriage certificate and decree absolute
  • civil partnership certificate and final order

Please note, some organisations won’t change your name back without a deed poll.

Off License Permission


Off License Permission:


To Get an Off-Licence for Your Shop: Under “
Licensing Act 2003”-
When you submit your application, following persons will consult on your application: the Metropolitan Police; the Council’s Health and Safety Officer, or Health and Safety Executive where appropriate; the Council’s Environmental Health Officer; the Fire Service; the Council’s Planning Officer.
Any of these people are entitled to make representations about your application, providing they are relevant to any of the four licensing objectives. Local residents and businesses may also make representations, providing they are relevant to the objectives.


What happens if Relevant Representations are made?
The Council’s Licensing Sub Committee will determine your application. The Committee is comprised of elected Members of the Council.
You will be invited to attend the meeting to give evidence, answer questions, and call any witnesses.
The Committee will listen to evidence from both sides before deciding whether to grant the variation. They may grant it as requested, grant with conditions (provided these are relevant to the licensing objectives) or refuse your application.

Appeals

If you are dissatisfied with a decision made by the Council, you may appeal to the Magistrates Court for the petty session’s area in which the premises are situated, within
21 days of being notified of the Council’s decision.

Taxi Touting


Taxi Touting

Taxi Touting is where an unlicensed vehicle operates as a taxi/ cab without satisfying relevant criteria. Taxis and cabs are vehicles which are legally hired to carry passengers. It is a criminal offence for other vehicles to display the word “taxi”, “cab” or “hire” or to solicit people in a public place to hire vehicles to carry them as passengers. Registered private hire vehicles are not permitted to collect fee paying passengers from the “street” unless they are displaying a private hire sign and they have been booked through a licensed operator prior to undertaking the hired journey. This of course excludes registered Taxi cabs that display a private hire sign. If charged with a touting offence then the facts of the case will be reviewed and it is the court’s interpretation of the defendant’s actions that would lead to either an acquittal or conviction.

The penalty for touting is a fine only and that reason often it is added the charge for driving without a valid policy of insurance. This offence carries a possible penalty of between 6-8 points and a maximum £5000 fine.
If we succeed in successfully defending the touting charge, the insurance allegation should also fail.

A person who is convicted of this offence will be liable for Level 4 fine which is up to £2500.

Criminal Matters


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Media


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Principals Update


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About Us


We are an SRA firm specialising on immigration law in the UK. We offer a comprehensive service to clients covering the full range of applications to enter or remain in the UK including visas and all Points Based System applications. Our LAWYERS are also available to assist you with immigration appeals before the Asylum & Immigration Tribunal

Our Vision

We are an SRA firm specialising on immigration law in the UK. We offer a comprehensive service to clients covering the full range of applications to enter or remain in the UK including visas and all Points Based System applications. Our LAWYERS are also available to assist you with immigration appeals before the Asylum & Immigration Tribunal.

Our History

Write The History Of the Company if you want or else delete this section if not required.

Our Values

We are committed to our clients and this commitment involves: - in-depth expertise, effective and responsive advice , absolute discretion, flexible services tailored to the individual, Affordable fees, KINGDOM SOLICITORS is committed solely to the needs of our clients in the UK and internationally.

Meet Our Team

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Shakeera Uddin

Shakeera Uddin is a trainee solicitor. She assists the Principal Solicitor with Family,Child  and

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Tareq Chowdhury

Tareq Chowdhury is the Principal Solicitor of the Firm. He is also a qualified Barrister. 

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