From an employer’s perspective there is the often pressing business requirement to bring highly skilled migrants into the workforce. Where these workers are from outside the European Economic Area (EEA) it is important that the Home Office’s requirements are fully observed, if any application is to be quickly and successfully processed.
With a “Tier 1” rating in the leading directories, our immigration team is best placed to advise in respect of all issues relating to business immigration, ranging from the securing of employer sponsorship licences and the issuing of certificates of sponsorship to dealing with Home Office audits and the carrying out of effective right to work checks.
Experienced, knowledgeable, professional and commercial, our immigration team provides a friendly, efficient and, always, “no nonsense” approach to achieving its clients’ objectives.
Clearly, Brexit is likely to mean significant changes to these processes.
On 6 December 2018 the Solicitors Regulatory Authority introduced pricing transparency rules for certain areas of law meaning that law firms now have to publish some of their prices online. One of those areas is the preparation and submission of immigration applications.
Visas and immigration work, and the way in which it is priced, depends heavily on a number of key factors such as the nature and complexity of the query and the extent of the assistance required i.e. some clients require us to provide full support throughout any process, whereas others prefer to progress matters, so far as possible, on their own and then use DWF as a "sounding board" to clarify points of uncertainty.
Therefore, we strongly suggest that if you are interested in our services you speak to us to see what bespoke service we can offer you personally, rather than relying solely on the information below, which only sets out the range of charges we make by way of illustration.
If you choose DWF to represent you
Our Visas and Immigration Team sits within the business's Employment Practice Area and has extensive experience in delivering high quality work over a wide range of immigration applications. The team is currently listed as Tier 1 within the Legal 500 (Legal Directory) and it is noted for its excellence within this field of expertise.
The team presently includes:
John Dorney (Director)
John is head of the Visas and Immigration Team. He is a graduate of both Manchester University and Manchester Metropolitan University and has been a practising solicitor for over 18 years. John is a visa and immigration specialist and is personally rated as Tier 1 by the Legal 500. John supervises much of the immigration work carried out by the team and takes an active lead in those more complex or nuanced applications, in particular applications under Tier 1 of the UK Points Based System.
Helga Breen (Partner)
Helga has specialised in employment law for more than 30 years and leads the DWF Employment Team in our London office. Helga has particular expertise in advising on complex cross border and domestic HR projects, financial services regulation, the conduct of independent inquiries and investigations, boardroom disputes and executive recruitment and terminations. Helga has advised on corporate immigration and international mobility in a supervisory capacity for many years.
Angela Simpson (Partner)
Angela is an experienced lawyer in our Employment and Immigration Team. Angela qualified as a solicitor in 2004 and joined the firm as a partner in 2013. Angela has successfully advised both individuals and corporates in relation to visa applications and business immigration matters.
Alicia Ebdy (Senior Associate)
Alicia qualified as a solicitor in Scotland in 2010 and is a senior associate in our UK employment law team. Alicia provides advice and representation in relation to a wide range of employment and immigration matters. Alicia's main expertise in relation to immigration matters is in business immigration and in particular Tier 2 of the UK Points Based System, advice on ongoing compliance with sponsor duties and migrant applications for visas. Alicia has also provided advice in relation to administrative appeals against Home Office decisions and applying for indefinite leave to remain.
For further information in respect of the team's partners, directors and senior associates please visit www.legal500.com or go to the DWF website and view the online profiles of John Dorney, Helga Breen, Angela Simpson and Alicia Ebdy.
Other team members include:
Roxanne Buckley (Solicitor)
Roxanne qualified as a solicitor in 2015 and completed her law degree at Manchester Metropolitan University, having studied the Legal Practice Course at BPP Law School.
Roxanne advises clients on all issues relating to immigration law, including Tier 2 of the Points Based System and visa applications, family visas (including spousal and dependant applications) and advising upon the prevention of illegal working. Roxanne also has a strong interest in advising clients over residency and settlement applications.
Emily Snape (Solicitor)
Emily qualified as a solicitor in 2018. She attended the University of Manchester and completed the LPC with Business MA at BPP University in Manchester.
Emily qualified into the Employment team and assists and carries out work on a wide range of immigration matters, such as Tier 2 visa applications.
Emily Helm (Trainee Solicitor)
Emily has a degree in Law from the University of Durham and has completed the Legal Practice Course at the BBP law school in Manchester. Emily is in the second year of her training contract with the business and assists the Immigration and Visa Team on a wide range of applications.
In terms of who would specifically act on your behalf, please note that if you instruct us to represent you it would very much be dependent upon the type of application to be made. Our aim is to always complete each task to the highest possible standard but for the work to be carried out at the "right level" in order for a fair and realistic cost to be incurred. We are proud that we have a wide spectrum of talent at our disposal to achieve this overall aim. More general routine tasks would be undertaken by junior fee earners up to around three years' post qualification experience and the more complex tasks by senior associates, directors and partners with longer periods of qualification and possessing greater experience.
As a minimum requirement all fee earning staff are qualified solicitors, apart from any incumbent trainee solicitor working in the team as part of their ongoing training contract.
All of our people are also fully trained and supervised at director /partner level.
Our fees and possible timescales
In terms of our fees, our range of charges detailed further below would cover the following typical, but not exhaustive, list of applications:
Hourly rate: Depending on level of fee earner, and whether one of our regional or London offices is used, this can be between £180 to £624 inclusive of VAT.
There are no set average costs for this types of work as every case, by virtue of the number of variable factors, is separate and discrete and the exact number of hours it will take to carry out your instructions depends on the surrounding circumstances such as, but not limited to:
However, to provide a broad indication of possible costs, applications could be divided into three general categories:
1. "Simple" – Where the application requested is a simple process, where there are no specific problematic issues to be addressed and where all supporting documentation is readily available.
2. "Routine" – Where the application requested is straightforward but bureaucratic, often requiring many issues to be further addressed and considered i.e. obtaining appropriately translated documents and complying with, sometimes, highly prescriptive Home Office requirements.
3. "Complex" – Where the application is already complex or complicated by the nature of the surrounding circumstances and / or logistical or legal difficulties in providing documentary evidence to the Home Office's satisfaction.
Costs would be incurred on a time spent basis with the broad ranges being:
Simple Application - £300 to £6,000 including VAT*
Routine Application - £1,800 to £12,000 including VAT*
Complex Application - £6,000 to £24,000 including VAT* and possibly higher in exceptionally complex matters.
*Figures are for individual applications and if a dependent is to be included then additional fees may be incurred. However, these would not be expected to exceed the figure for the main applicant, and in most scenarios we would anticipate these to be between 10 and 50% of that fee.
What services are included
For Routine and Complex Applications, the work will usually but not automatically involve:
Simple Applications would involve less extensive work and are normally progressed via telephone and email.
Disbursements (not included in costs set out above)
Disbursements are costs related to your matter that are payable to third parties, such as Home Office visa fees. We normally, but not always, handle the payment of the disbursements on your behalf to ensure a smoother process. These include such things as:
The costs quoted here do not include:
How long will my application take?
We cannot guarantee how long the Home Office will take to process your application. Please see the current stated processing times:
We will normally be able to submit applications within 2 to 3 weeks of you instructing us and providing all of the necessary supporting documentation in a form acceptable to the Home Office, but we will let you know at the earliest opportunity if it is likely to take longer than this.
Please note the anticipated fees are an estimate based on the facts above. All applications are likely to vary and, of course, we can give you a more accurate estimate once we have more information about your specific case.
To summarise, visa and immigration applications vary so much in complexity and scope that speaking to us to discuss our services and bespoke pricing in greater detail is the best step to take. We will have a short initial telephone call with you, free of charge, in order to understand what your specific requirements are and to then see how we can help.
With the recent "Windrush Scandal" and the impending introduction of the General Data Protection Regulations ("GDPR"), we take the opportunity to review these two apparently disparate issues in the context of the existing civil penalty regime for illegal working.
The impact of the referendum on 23 June 2016 on the UK’s future domestic life remains to be determined, but one central area of concern and uncertainty is the issue of intra European migration.