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J.M. Wilson Solicitors has excelled in providing expert legal assistance since 1991. Highly professional staff are friendly and offering expertise in:
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    • Another busy free immigration advice session

      Sunday, 12 November 2017
      This weekend’s free immigration surgery was another busy one at our Birmingham office. We had a number of people pop in. A few of them had applied for naturalisation as British Citizens but were refused on the good character requirement. It is so important to ensure you pay a solicitor to make sure that you can make the application otherwise you will end up losing the Home Office fee, which currently is over £1100. You will only receive £80 back from the Home Office. If you seek a review of a refusal of your application it will cost you further and so it is much better and more cost effective to find out first if you can apply. When applying for nationality, please note it is important to inform the Home Office if you have been arrested after your application was submitted. You sign a declaration on the form that if your circumstances change whilst the application is being considered then you will inform them immediately. I had one person who was refused just on this basis. He was never actually charged with an offence just arrested after his application had been submitted. We are considering whether to challenge this but please ...
    • Busy times for our immigration team

      Wednesday, 01 November 2017
      It has been a busy time for our immigration team recently including a high-profile case you may have seen covered by BBC news. Despite living in the UK for nearly 50 years, Paulette Wilson was being held at an immigration removal centre under threat of deportation. In a case reported by BBC Midlands Today, we secured her release, providing the necessary evidence to prove her case and threatening High Court action.   In other news, our drop-in immigration advice service in Telford led to another case for our immigration specialists. Our client is currently in the UK with leave to remain under the immigration rules for 2.5 years based on being a parent of a British Citizen. She will not get indefinite leave to remain until she has completed 10 years on this basis. However, she recently married her long-term partner, who is a French national. We advised her to apply under the EEA regulations to obtain indefinite leave to remain after five years. This will cost her a £65 Home Office fee compared to the £993 Home Office fee and £500 Immigration Health Surcharge she is facing under her current route. The High Court Case of ‘MK’ found that children aged five or more ...
    • A complex case with a successful outcome

      Wednesday, 25 October 2017
      Jenny Sharma, our Head of Family Law recently received a fantastic testimonial from a happy client. Her case was complex but ultimately successful. Jenny acted for a mother of a 3 year old child in a dispute with the father regarding whom the child should live with. The child case was contested fully by the father who had separate solicitors.  Jenny was pleased that the case was resolved at court with an agreed shared order for the child. Both mother and father left court with an order that they both had agreed to and which allowed them both to parent their child together. Ultimately the child’s needs came first for all. Jenny also dealt with the divorce proceedings for the mother, starting and completing the proceedings against her husband for his unreasonable behaviour. The client also faced immigration issues. As a result of her divorce from husband, she had no basis to remain in the UK. However, our immigration team were able to assist her to secure a stay in the UK. All round a successful case with international elements resulting in a happy client. This is the testimonial received from the client: “I found myself in a difficult situation as an immigrant ...
    • JM Wilson sponsors a winning team!

      Monday, 16 October 2017
      We’re proud members of our local community and very pleased to sponsor a youth football team – The Broadway Raiders. It’s great to see them maintain their unbeaten record and sit at the top of the league. It was another superb week for Broadway Raiders, as both the U12's and U13's, extended their unbeaten run and secured their spot at the top of their respective league tables. The year seven team had a superb encounter with second-place Leafield, with both teams exchanging goals early on. Abdul scoring again. With only ten minutes left, Broadway lost their 4-3 lead, after Leafield scored a superb solo goal. The team dug deep, worked as a unit and were rewarded as Caleb scored a last-second winner from inside the box to win 5-4! The U13's also played Leafield but were able to male slightly easier work of it, racing to a 2-0 lead within the first 20 minutes. After a bit of complacency, Leafield came back into the game and got it back to 2-2. Kabba come up with his fourth headed goal in four games though, pushing it out to 3-2 and the boys then stepped it up again, coming out 6-3 winners in the end. This follows the ...
    • Don’t leave it too late to apply for a visa extension

      Monday, 09 October 2017
      At our most recent free immigration drop-in advice session we saw a couple of people already with leave to remain in the UK who wanted to use the one day service for in-country extension applications. We'd like to warn anyone who is thinking of using this services that if your wish to submit at Solihull, the earliest appointment date is November as of this week. Really, you need to see us at least 2 months in advance of your leave expiring so that we can book one day service in good time for you.  Otherwise you will have no choice but to post your application and then could be looking at turnaround time of up to 10 months for a decision. This could then have a real impact on your  employment and travel plans. We run free immigration advice sessions in Birmigham, Leicester and Telford.  If you have any questions please come along to one of the sessions or call us for advice.
    • Introducing our Commercial and Civil Law Department

      Monday, 11 September 2017
      We are delighted to welcome Lisa Shocker to our team. She will head up our new Commercial and Civil Law Department.  Lisa joins us with fantastic experience in a wide range of legal cases. She’s worked on clinical negligence and personal injury cases, dealt with high profile business contract disputes, debt collection, and injunctions including overseas injunctions. Lisa has also worked on family and friend disputes particularly over debts owed, even when there is no written contract or agreement in place. These are known as implied terms and even where the amounts involved are not sufficient to justify a court process, there are other options Lisa can advise on. She has also advised on clients in relations to CCJs. She was keen to join JM Wilson Solicitors to develop the new Commercial and Civil Law department having previously built up a similar department at another firm of solicitors. Her first cases include debt recovery for a recruitment agency and obtaining a court order to remove documents from a company’s register that were filed in error.   If you would like advice on a legal issue whether it involves friends and family or a business, please get in touch and we ...
    • High price to pay for incorrect visa applications

      Monday, 04 September 2017
      The Home Office were in the news a number of times last week featuring in stories about immigration decisions and processes. The case of Shane Ridge who has lived in Britain all his life yet was asked to leave the country really captured the public interest. His story highlights how the Home Office decision’s should not be taken at face value. If he had not had his case publicised then he would have been stuck with a negative decision and all the consequences that would follow as a result. The Home Office apologised and clarified Shane’s position, that he is in fact a British Citizen, in this statement. It was also reported last week that the Home Office are making thousands of pounds profit on some visa applications Both of these stories are an important reminder that good quality legal advice is really important. The visa and immigration system is complicated and difficult to navigate.   We have a huge amount of experience navigating the system, challenging incorrect decisions, and also fighting against Incorrectly filled in paperwork will be rejected and the costs of getting it wrong could be huge both financially and emotionally. We offer free immigration advice ...
    • Lakhbir Kullar joins our immigration team

      Monday, 31 July 2017
      We're delighted to welcome Lakhbir Kullar to our immigration team. She brings with her a wealth of experience having worked as a Solicitor in the fields of immigration and asylum for over 17 years. She’s always enjoyed conducting her own Advocacy and with her experience in sponsorship and points based applications, her knowledge will be a valuable addition to the team.   Lakhbir explains why she wanted to join us, saying: “The job really appealed to me because of JM Wilson’s reputation in the fields of asylum and immigration. I’ve brought a number of successful challenges but working here offers me the opportunity to get involved with appeals at the Court of Appeal and Supreme Court on a more frequent basis. I’m really excited to be part of the team.”      
    • Home Office amendments following MM case ruling

      Thursday, 20 July 2017
      The Home Office has finally published their efforts to amend the rules in order to meet the flaws set out by the Supreme Court in our case of MM. It has now allowed third party support. The statement of changes are disappointing and do not appear to reflect what the Supreme Court intended when they made their decision. The guidance to Entry Clearance Officers is yet to be published and this will be crucial. There is now consideration of the best interests of children, which is a positive. We are considering with our barristers as to whether the changes go far enough and if necessary we will be making our position clear to the Court. But if you are struggling to meet the income requirement then you might be able to apply now depending on your circumstances. Please contact us. These changes are to apply from 10 August.   Here is the full document from the government.  We will keep you updated.
    • A friendly, personal approach to dealing with divorce

      Monday, 26 June 2017
      Our Head of Family Law – Jenny Sharma -  was delighted to receive a thank you gift from a grateful client recently in recognition of her friendly, personal approach in dealing with a divorce case. Jenny acted for the wife in a case heard in London dealing with resolving the finances connected to the divorce. Our client was not happy with the lack of personal input from a firm of local solicitors and was looking for a more friendly, personal approach From the outset we offered an equal division of the assets - consisting of a main house in the husband’s name with pensions and jewellery. The husband and his solicitors believed the wife should not receive an equal amount and that a 20-30% share was fair. We ended up issuing proceedings at court due to husband refusing to budge from his position. The case settled at the second hearing stage with the judge in essence supporting our view of an equal split of the assets. Needless to say, the husband increased his offer and the case settled. Jenny was over the moon to get this result as our client put her faith in her from the outset . The case has been running ...
    • Could your child be entitled to register as a British citizen?

      Sunday, 18 June 2017
      A decision of the High Court given on 14th June could have massive implications for parents with children who have no passport, as they could now be entitled to register as British Citizens under the British Nationality Act 1981. A recent case of the Administrative Court  dealt with an Indian child born in the UK to parents who were overstayers in the UK. The child made an application for registration as a British Citizen on the basis she was stateless. The application was refused but the Court disagreed with the Home Office and confirmed the child was indeed stateless. If you are a citizen of India and have had a child in the UK after 3rd December 2004 and the child has never had an Indian passport then they could register as British Citizens. This may apply to other nationalities and we would ask that you contact us to establish whether or not you could make an application for your child. Contact Sanjeev Sharma on 0121 356 4556 or 07711701342; email: sanjeev@jmwilsonsolicitos.com
    • Supreme Court Judgement - Byndloss

      Wednesday, 14 June 2017
      Judgement received from Supreme Court on Deporting Foreign Criminals first and appealing later.   R(on the applications of Kiarie and Byndloss) v SSHD [2017] UKSC 42   We represent Mr Byndloss in this case and following a difficult struggle in the High Court and the Court of Appeal the matter was heard by the Supreme Court on 15th and 16th February 2017. The case involved out of country rights of appeal for foreign criminals following the introduction of the section 94B certification procedure in the Nationality, Immigration and Asylum Act 2002 on 28th July 2014. The Supreme Court has handed down its judgement today unanimously allowing the appeals. The judgement delivered by Lord Wilson, with whom everyone but Lord Carnworth (who also allows the appeals but for slightly different reasons) agreed and found the certificates issued under section 94B were unlawful and incompatible with Article 8 as the foreign criminal’s removal in advance of an arguable appeal may be outweighed by a wider public interest, namely that where an appeal right is given, that appeal should be effective (para 35). Para 31 to 35 looks at the objectives of section 94B – The objectives of the SSHD were firstly, to stop allowing ...
    • Failed Albanian asylum seekers could make new claims

      Friday, 12 May 2017
      This week the Court of Appeal found the Home Office and both the First Tier and Upper Tribunals unlawfully relied on a country guidance case called MK(Albania). This means if there are any failed Albanian asylum seekers who were refused asylum between 10 October 2011 and 22 December 2016 on the basis of the Home Office and/or the Tribunal reliance on the case of MK (Albania), then they should get in touch with us immediately, as they could now make a fresh claim. Call 0121 356 4556 or fill in this contact form. We run several free drop-in immigration and asylum advice clinics every month, including two each week at our Birmingham offices. Dates, times and locations are here.   There are more details about the case in this Guardian report.  
    • Join our expanding immigration team

      Wednesday, 12 April 2017
      We are seeking a level 2 immigration accredited caseworker to join an ever busy and expanding immigration department. We have been the leading solicitors in challenging the introduction of the English Language requirement for spouses, the controversial Minimum Income Requirement and more recently the unfair deport first and appeal later certification process applied to foreign prisoners. We are committed to helping those that need assistance in navigating themselves through one of the fastest evolving areas of law and pride ourselves on giving good, honest, and professional advice. We hold a number of free advice sessions to those that need guidance in both asylum and immigration law. Given the growing demand in the immigration sector we are now looking to expand and welcome someone who wants to grow with us. The applicant must be competent in conducting all tasks permitted under the Law Society Level 2/OISC Level 3 accreditation. They should have wide experience in lodging asylum and human rights claims and appeals. They should be able to work under pressure and be able to carry out research and instruct experts and Counsel.  Additionally they should also have a good knowledge and understanding of the changes to immigration and asylum law and practice and the ...
    • Where can I get free immigration advice?

      Monday, 03 April 2017
      We run several drop-in sessions offering free immigration advice. No need for an appointment, simply turn up and we’ll do our best to answer your questions about immigration, visas, and asylum.   Birmingham immigration advice We run two immigration advice sessions each week at our Birmingham offices. They take place on Thursdays from 3-6pm and Saturdays from 11am - 1pm. Our address is 299-301 Birchfield Road, Birmingham, B20 3BX.   Telford immigration advice We hold advice sessions in Telford on the 2nd and 4th Thursdays of each month. They run from 4pm-7pm. Forthcoming dates include 12 and 26 October and 9 and 23 November. The session on the 12 October will start a little later than usual, around 5.15pm. The Telford drop-ins are held at Meeting Point House, Southwater Square, Telford, TF3 4HS.   Leicester immigration advice Our immigration advice sessions in Leicester are held on the first Saturday of each month. Join us at the Shree Hindu Temple & Community Centre, 34 St Barnabas Road, Leicester, LE5 4BD on the from 11am - 1pm. Please note - there won't be a session on Saturday 5 August, the next one is on Saturday 2 September.   If you can’t make any of these sessions and have questions about visas, immigration ...
    • Expert legal advice could save you money

      Friday, 24 March 2017
      We run several free drop-in advice sessions each month, answering questions on immigration, visas and asylum. Sometimes we are able to offer guidance on the day and don’t need to see people again. For other cases, more help is needed and we can discuss fees with potential clients. We know that cost can be an issue but using a solicitor and getting your application right could save you money in the long run. We’ve noticed a a regular theme in recent drop in sessions of clients complaining of being refused Indefinite Leave to Remain following the completion of six years Discretionary Leave to Remain. This is because you are required to complete 6 years continuous discretionary leave to remain. If during a previous extension your application was rejected for missing passport sized photos or the payment was not received then that may be used by the Home Office to justify refusing you Indefinite Leave to Remain and just give you a further extension. It is important you seek expert legal advice on this as you may end up paying a Home Office fee for Indefinite Leave to Remain, which currently is £1875 but only get a further extension. If this happens you will need to ...
    • Successful appeal against Home Office decision not to grant client permanent residence in the UK

      Wednesday, 01 March 2017
      We recently won an appeal challenging a Home Office decision not to grant our client permanent residence in the UK. Our client was resident in the UK as a family member of a European Union national, under the European Economic Area (EEA) regulations. She had five years leave to remain. Prior to her leave expiring, our client applied for permanent residence on the basis that her spouse had been exercising treaty rights for the relevant five year period as a job seeker and worker. The application was refused by the Home Office on two grounds: It did not accept that the EEA national had been exercising treaty rights It did not accept that our client had been residing in the UK for the relevant five-year period Our client came to us after she received the refusal and wanted us to submit an appeal on her behalf The issue in this case was that the EEA national was on Job Seekers Allowance (JSA) a number of times throughout the relevant period and at times longer than six months. On appeal, we argued that although the EEA national was on JSA at times and for more than six months, he was actively seeking work. We evidenced this through ...
    • Judgement in the MM case

      Wednesday, 22 February 2017
      Latest update: 23 June 2017 We are pressing the Home Office for revised guidance following the MM Supreme Court ruling. We've received a reply to say they are still considering how best to implement the findings of the court. We will continue to press for a timely resolution to this with new guidance and the return of decision making in outstanding cases.   MM and Ors V SSHD [2017] UKSC 10 After over a year of waiting the Supreme Court has this morning (22 February) handed down its decision on the legality of the minimum income requirement (MIR) of £18,600. A brief summary of the findings of the Court’s unanimous decision are set out below:   1. The Court breaks down the issues into three heads (para 79):   i. The principle of a minimum income requirement (para 80 -87) ii. The treatment in the rules and instructions of children; (para 88 – 92) iii. The treatment in the rules and the instructions of alternative sources of funding. (para 93- 101)   2. The Court agrees with both the Court of Appeal and the Administrative Court that there is no issue in respect of discrimination under article 14 (para 78).   3. The Court found our challenge to the existence of a MIR in ...
    • Time to stop the blame game?

      Friday, 17 February 2017
      The recent Court Of Appeal case of Tini Owens raises the thorny issue of whether the current divorce law should be changed to include a ‘no fault’ option for parties. Currently there is only one ground for divorce, the marriage has broken down irretrievably. The party starting the divorce must choose from one of five facts to prove that ground. These are adultery, unreasonable behaviour, two years separation with both parties consenting, five years separation and finally desertion. If, like in Tini Owens case, you have a spouse that does not want a divorce, has not committed adultery and you have not been separated for over 5 years, then your only fact to use would be unreasonable behaviour. To prove this you have to cite reasons why you can no longer remain living your spouse due to their behaviour being unreasonable. In Tini Owens case the initial Judge did not accept Mr Owens behaviour, as cited by Mrs Owen in her divorce petition, was unreasonable. By not allowing the divorce to continue it left Mrs Owens in the difficult position of being ‘locked in’ a marriage which she found unhappy and which she could not end. If there were a ...
    • Do you need advice on divorce or custody arrangements?

      Wednesday, 08 February 2017
      If you need family law advice about getting divorced, custody arrangements for children, or what happens to your house and money if you split up with your spouse we can help. Your first appointment is free, with no obligation. You’ll receive high quality advice from Jenny Sharma, our Head of Family Law, who has over 15 years experience advising clients on family law.   This is an example of one testimonial she has received:   "A friend recommended Jenny Sharma for the situation that I found myself in which required expert legal advice. Being a firm of solicitors that was out of my town of residence and unknown to me I was initially a little apprehensive about how I would be able to travel and converse with the legal representative on a regular basis. After meeting with Jenny Sharma face to face at my initial appointment, I was reassured by the breadth and depth of knowledge Jenny Sharma had in Family Law. I found Jenny approachable in order for me to be able to discuss the complexities of my case with her. It was also a bonus to learn communication could take place via email and telephone. My experience has been that the importance of my ...
    • More free immigration advice

      Thursday, 02 February 2017
      We’re expanding our free immigration advice clinics.  We will be holding a clinic every fortnight in Telford.  The first one will be on Thursday 9 February from 4pm to 7pm The drop-in sessions will take place at: Meeting Point House Southwater Square Telford TF3 4HS No appointments are necessary.  Any questions about immigration, asylum or visas are welcome. Sessions will take place every two weeks on Thursdays from 4pm-7pm, so the next few dates are 23 February, 9 and 23 March. The Telford sessions are in addition to our two immigration advice clinics held each week in Birmingham from 3-6pm on Thursdays and 11am-1pm on Saturdays at our offices. We also hold a monthly advice session in Leicester. The Leicester sessions are held at Shree Hindu Temple & Community Centre, 34 St Barnabas Road, Leicester, LE5 4BD on the first Saturday of each month from 11am - 1pm. If you have any questions about visas, asylum or immigration, please contact us.    
    • We're looking for new solicitors

      Wednesday, 25 January 2017
      We are looking for three solicitors to join the Firm. Two are required to assist in our expanding family and conveyancing departments and one to establish and develop a civil department. Anyone who is interested should contact Paula Barnsley by email with a copy of your CV.
    • No such thing as Automatic Divorce for separation cases

      Thursday, 05 January 2017
      Many clients assume if they have remained separated from their spouse for 5 years or more than they are entitled to an ‘automatic’ divorce. By this I mean they assume there is no need to file a petition with the Court or indeed for their spouse to even know about the petition for divorce. Quite why clients assume this, is somewhat of a mystery. I commonly come across this misconception in particular amongst the Asian communities that I serve. When I ask them where they get this information from, they assure me it something most people in their communities believe. To clarify, there is no such thing as an automatic divorce. There is just one ground for divorce, which is the marriage has broken down irretrievably. To use this ground, one of five facts must be chosen and then cited within the divorce petition. Those five facts being:- Adultery Unreasonable behaviour Two years separation and consent Five years separation Desertion   Regardless of which fact is used, there will still have to be a petition filed with the Court. In addition, the other party will have to be identified and he/she will be required to acknowledge receipt of the petition. The same process is followed ...
    • Christmas 2016 and New Year Opening Times

      Monday, 12 December 2016
      We will be open until 1pm on Friday 23 December and then will re-open on Tuesday 3 January after the Christmas and New Year break. Our final FREE immigration advice session of 2016 will be from 3-6pm on Thursday 22 December.  If you can't come along on that day, please contact us for advice ahead of our break. We hope you enjoy the festivities and have a good start to 2017.
    • Welcome to Paula Barnsley our new Practice Manager

      Friday, 02 December 2016
      We’re delighted to welcome a new Practice Manager, Paula Barnsley to our team at this busy time for J M Wilson Solicitors. Paula has extensive business, management, and customer service experience in both the public and private sector. Her skills and knowledge will free up time for our talented team of solicitors to concentrate on their legal cases while she deals with the operational side of the company. Sanjeev Sharma, said: “It is great to have Paula with us. In the short time she’s been working here she has already made a big impact on our processes. With another high profile case due to be heard at the Supreme Court in February, and the judgement in a previous Supreme Court case due soon, my time can be devoted to helping clients navigate immigration and asylum policy.”
    • Do you know how to check the immigration status of your workers?

      Tuesday, 29 November 2016
      The Government has now made it illegal to employ people that do not have the right to work in the UK. If you employ an illegal worker you could face up to five years in prison or an unlimited fine, so our advice is to thoroughly check your employees’ documents. Do this with the applicant present, photocopy the forms and note the date you made the check. You need to be able to prove that you did the checks correctly. Would you know what documents to check and how to make sure they are genuine? The Government website is a useful source of information, but it’s a complicated process and professional help will support you to navigate the process. We are happy to help and support businesses who want to make sure their employees have the right documentation.  Please get in touch to discuss how we can do this. If you are already under investigation then contact us as a matter of urgency.
    • Recent Supreme Court decisions

      Monday, 21 November 2016
      The Supreme Court made decisions last week in the cases of Hesham Ali (Iraq) v Secretary of State for the Home Department (Respondent) and Makhlouf (Appelant) v Secretary of State for the Home Department (Respondent) (Northern Ireland) We were asked if they have an impact on the MM case. The decision relates to deportation cases and the legal test to consider is different to that which  would be considered in the MM case. Having said that the Article 8 consideration is relevant as is the importance of the rights of children. These cases do give us more of an insight of how the Supreme Court is considering deportation cases, which is very relevant to our own Supreme Court case of Byndloss that is due to be heard in mid-February 2017. For all Supreme Court cases you can watch videos of their deliberations and judgements as well as see a press summary for the judgement in each case on their website.
    • Free Immigration Advice Sessions

      Tuesday, 18 October 2016
      We run two free drop-in immigration advice sessions each week. They run every Thursday from 3pm-6pm and every Saturday from 11am - 1pm. If you have any questions about asylum, immigration, and visas please come and see us, no appointment is necessary. The last free drop-in session of 2016 will be on Thursday 22 December. If you can't attend one of our free drop-in immigration advice sessions please contact us. All sessions are at our offices, 299-301 Birchfield Road, Birmingham, B20 3BX.      
    • Immigration appeal fees to rise by 500% next week

      Friday, 07 October 2016
      UPDATE - The decision to raise fees was reversed on 25 November 2016.   Original story: Following a fee hike earlier in the year to immigration applications, tribunal fees challenging Home Office decisions are set to rise –by up to 500%. Like many in the legal profession, we are very concerned to see the rise which has been brought in despite widespread criticism. Raising the fees so dramatically further restricts people’s access to justice, with a family of four facing a potential bill of over £3000 to appeal their decisions. The only concession that the Government has made is that applicants who have already been classed as ‘destitute’ by the Home Office will not have to pay.  However, with these dramatic rises coming into effect from Monday 10 October 2016 we urge people to get the very best legal advice before submitting any applications. The better prepared your initial application the less likely you are to face these big appeal fees. Timing is also important. Remember that many offices close over Christmas, so our advice is make the applications as soon as possible. Also the Home Office raised application fees by 25% last March, and may well do so again this Spring. We hold two free drop-in advice ...
    • How does the Brexit vote affect immigration rules?

      Tuesday, 09 August 2016
      The Brexit vote to leave the European Union has left many people wondering how it affects immigration laws and rules, including the MM case.  There is much uncertainty at the moment about what will actually happen and how it will affect immigration and asylum claims. The MM case is already in progress and will be decided based on the law as it stands at the moment so there will be no impact. We will let you know as soon as we hear when the judgement will be made. Longer term however, we don’t know what changes will take place to the current immigration system, or whether the European Convention on Human Rights - which is actually a Council of Europe treaty not a European Union treaty - will be overturned. With the current political climate as it is, we think it is reasonable to expect that immigration rules will become more stringent and requirements tougher. It is also worth bearing in mind that this year application fees rose by an unprecedented amount. So now is a really good time to get in touch if you need advice or information about visa requirements, leave to remain applications, or have ...
    • Practice Manager Job Available

      Wednesday, 27 July 2016
      We are looking for a practice manager. The ideal candidate should be Familiar with: The running of a legal practice Specialist Quality Mark (SQM) Conveyancing Quality Scheme (CQS) Legal aid franchise, in particular Asylum and Crime Solicitor accounts rules Have experience in general management Be assertive and hands on Be able to manage people     This is a full time position; the hours are 9 to 5pm.  Salary is dependent on experience.   To be considered for this role please email sanjeev@jmwilsonsolicitors.com with an up to date copy of your CV and brief information about why you would be suitable for this position.   Please send your application by 5pm on Wednesday 10 August.
    • Family Law advice sessions

      Friday, 08 July 2016
      Jenny Sharma, Head of our Family Law Department is taking part in free advice sessions as part of her membership of Resolution West Midlands. The scheme is a voluntary one, to provide free advice to people involved in a case at Birmingham Family Court about arrangements for children. The scheme operates on a rota basis with advice available every other Tuesday. Jenny will be there on Tuesday 2 August 2016. The purpose of the scheme is to try to help those who can’t access legal aid due to the cuts but do require assistance on legal matters and can’t afford to instruct a solicitor. The rota will have a mixture of solicitors and barristers that each fortnight will sit at the court and provide appointment based advice on family law matters. To make an appointment please contact the Personal Support Unit at the Family Court on 0121 250 6354.  
    • Richard Murray joins us

      Thursday, 23 June 2016
      J M Wilson is pleased to announce that Richard Murray will be joining us as a non-executive director.  We are growing all the time, and would like to be able to take on more cases and help more people in the areas of law we cover. Richard is a solicitor himself, and has many years experience both working at, and managing legal firms.  With Elephants Child he coaches a wide range of companies, and brings a real business focus to help the firm focus on growing and developing. Richard Murray said: “The work J M Wilson do, in some very specialised areas of law, is fantastic.  They take cases to the Supreme Court challenging the Home Office, and navigate immigration and asylum law on behalf of a wide range of clients. "They also successfully negotiate settlements in complicated divorce cases, and help local people to buy and sell property. I’m delighted to be able to support them to build up their firm and provide services to more clients.” Find out more about recent high profile cases and our talented legal team.
    • Leave to remain granted after long battle

      Monday, 23 May 2016
      After a lengthy battle, Miss Begum has been able to secure a decision of indefinite leave to remain for a client. The client arrived to the UK in 2001 and was later joined by her son in 2002. The client was not allowed to work due to her status in the UK and spent much of time doing voluntary work and helping her local community however she could.   She had a relationship with a British national which resulted in birth of their daughter.  Sadly the relationship broke down however the father remained in contact with the daughter.   In 2013 the client submitted application on basis of her residence and private life in the UK.  Both her children were dependants on the application. (the father did not put his name on birth certificate and did not consent to DNA testing so we could not prove daughter was British)   In 2014 the application was refused due to her son’s conviction whilst he was a teenager which was not disclosed on application form given that it was already spent. We issued judicial review proceedings. The Home Office conceded and agreed to remake a fresh decision.   The new decision granted the son leave to remain as he was now 18 ...
    • Supreme Court Hearing for MM case

      Thursday, 07 April 2016
      SUPREME COURT HEARING FOR MM CASE The MM Case was heard at the Supreme Court between 22 and 24 February. We feel that the hearing went well and the Home Office were on the back foot on a number of points, in particular whether the policy was reviewed in April 2015 when it should have been and why third party support and the spouse’s prospective earnings could not be considered.   You can watch the hearing back on the Supreme Court website. https://www.supremecourt.uk/cases/uksc-2015-0011.html In summing up Lady Hale said that there was a lot  of information to work through and “such a lot of food for thought and therefore “it will take us some time to consider what our decision will be.” So for now all we can do is wait to hear when the judgement will be made.  We will keep you up to date with the timescale.   In summing up Lady Hale said that there was a lot  of information to work through and “such a lot of food for thought and therefore “it will take us some time to consider what our decision will be.” So for now all we can do is wait to hear when the judgement will be made.  We will ...
    • Supreme Court Rules on Pre-entry English Language

      Friday, 20 November 2015
      43templerow Supreme Court rules on pre-entry English language tests On 18 November 2015 the Supreme Court handed down judgment in R (on the applications of Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 59. The cases concerned a challenge to the introduction in 2010 of an Immigration Rule. The Rule imposed a requirement that spouses or partners from certain non-EEA countries who wish to marry British Citizens or persons settled in the UK should first learn a certain level of English, and pass a test, before they join their spouses or partners in the United Kingdom. In a long awaited decision the Supreme Court has not yet finally concluded what the result ought to be. The Supreme Court has decided to invite further submissions on whether it would be appropriate to give declaratory relief on how the Rule ought to be applied to reflect the Court’s concerns which are set out in the judgment. Through-out the litigation, which started in 2010 in the Administrative Court, the appellants had alleged that the Rule was contrary to the right to respect for family life in the European Convention of Human Rights (Article 8). Although the Rule contains the possibility of an exemption ...
    • Court of Appeal rules on family migration and the minimum income threshold

      Friday, 11 July 2014
      Court of Appeal rules on family migration and the minimum income threshold 11 July 2014 The Court of Appeal has today handed down judgement in which it has allowed the Home Secretary’s appeal against Mr Justice Blake’s decision in MM and others v Secretary of State [2013] EWHC 1900 Admin. The case concerns the Home Secretary’s controversial rules on family migration requiring that British Citizens or partners lawfully settled in the UK must show that they have an income of at least £18,600 p.a. with additional sums for each child before they can sponsor their foreign partners from outside the European Economic Area. The Court of Appeal has held that the requirements are lawful. The court reached this conclusion essentially on the basis that it was not for the court to analyse the basis of the Secretary of State’s decision to introduce such requirements into the immigration rules which are merely statements of administrative policy. The test adopted by the court is the same as that which it adopted in Bibi [2013] EWCA Civ 322 (the case concerning the English language requirement), namely that it is enough that the Secretary of State should have a ‘rational belief’ that the policy embodied in the requirements will ...
    • Judgement of the full-face veil in public in France

      Friday, 27 June 2014
      European Court of Human Rights to give judgement concerning the prohibition on wearing the full-face veil in public in France   The judgement is naturally disappointing for the client and she will take time to digest and reflect on it. The court does however reject the French government's suggestion that her article 8 and 9 rights were not engaged. They also reject the government's justification based on gender equality and public safety measures and reminds us of the importance of tolerance and pluralism. Ultimately the court has taken the view (not unanimously) that the state has a wide margin of appreciation and that the ban was a proportionate measure to the aims of "living together" and "protecting the rights and freedoms of others". The client will continue to act lawfully as she always has done and respect the court's judgement. On Tuesday 1 July 2014 at 11am the Grand Chamber will promulgate its much awaited judgement in the case of S.A.S. v. Republic of France. The case was heard by the full court on Wednesday 27 November 2013 and concerns the complaint of a French national who is a practising Muslim, that ...
    • Affluent people are more likely to integrate than poor people

      Monday, 10 March 2014
      This was but one of a number of startling submissions made by the Secretary of State to the Court of Appeal earlier this week in Secretary of State  v. MM and Others in defence of her controversial Financial Requirements contained in Appendix FM of the Immigration Rules. In R (MM and Others) v. Secretary of State [2013] EWHC 1900 (Admin) Mr Justice Blake found that in generality of cases the Financial Requirements contained in Appendix FM (in particular, the £18,600 minimum income requirement (more if there are children) which must be demonstrated by British citizens, those settled in the UK and those granted refugee or humanitarian leave who wish to sponsor their spouses (and children) to come to the UK) was likely to amount to a disproportionate interference with Article 8 if an applicant was earning above the national minimum wage (£13,400) and could show that the shortfall was made up of (i) savings (including those below £16,000), (ii) credible job offers and (iii) credible offers of third party support. Blake J granted the Secretary of State permission to appeal in July 2013.  Following his judgment, ...
    • Burqa ban in france – prosecution or persecution ?

      Wednesday, 27 November 2013
      Today the Grand Chamber of the European Court of Human Rights in Strasbourg heard the case of SAS against France. The applicant’s Counsel, Ramby De Mello and Tony Muman represented the applicant before the Grand Chamber. The hearing was before 21 Judges who heard submissions from the applicant’s legal team, the French Government and also the Belgian Government who had been given permission to intervene. The full hearing can be seen at in with video by clicking here   It is also widely reported: French woman to fight burka ban in court
    • S.A.S. -v- The Republic of France

      Tuesday, 26 November 2013
      PRESS RELEASE For Immediate Use S.A.S. -v- THE REPUBLIC OF FRANCE On Wednesday 27th November 2013 the Grand Chamber of the European Court of Human Rights will hear the case of S.A.S., a French lady who is challenging the controversial French law outlawing the wearing of the Burqa/Niqab/Full Face Veil from all public places under the threat of prosecution. The French Government will say the ban is justified and required to promote equality, cohesion and public security. S.A.S. argues that the ban is targeting Muslim ladies and is discriminatory.  She will say that the ban has taken away her identity and her right to express herself and that she feels that she is now a prisoner in her own home. S.A.S. is an aspiring lawyer and has done work experience at a law firm in the United Kingdom. She compares the ‘tolerance’ in the United Kingdom with the ‘oppression’ in France. This case is one of the biggest to come before the Strasbourg Court in recent years.  It is widely publicised on the internet. S.A.S. is being represented before the Court by English law firm J.M. ...
    • The Secretary of State Website Statement

      Friday, 05 July 2013
      The Secretary of State for the Home Department  has stated on her website the following:   05 July 2013 Today, 5 July 2013, the High Court handed down its judgment in a Judicial Review of the minimum income threshold for spouses/partners and children applying in the family route. The Home Office has paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable us to consider the implications of the judgment. A Home Office spokesperson said: 'Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We're pleased that this judgment supports the basis of our approach. 'We are looking closely at the judgment and its likely impact on the minimum income threshold before we decide how to respond. In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold.' http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/july/16-judgement  
    • Minimum financial income case

      Friday, 05 July 2013
      Following the High Court’s blow to the Secretary of State’s minimum income requirement for spouses in July 2013 the Court of Appeal will be considering the Secretary of State’s appeal against the High Court over a two day hearing on 4th and 5th March 2014. Mr Justice Blake in the High Court accepted there should be a minimum income requirement however identified 5 features of the new rules that when applied to Refugees and British Citizens concluded are unjustified and a disproportionate interference with a spousal relationship. These were: Setting the minimum income level above £13,400 The requirement of £16,000 before savings to rectify any shortfall The use of a 30 month period for forward income projection, as opposed to 12 months Not allowing third party support even if credible and reliable evidence of it is provided Not considering the spouses own earning capacity during the 30 month period of initial entry The case is of overwhelming importance and has effected thousands of families worldwide from all walks of life. The Secretary of State has suspended making decisions where applicants would fall for refusal solely on the grounds ...
    • Caste Discrimination Powers and amend Equality Act

      Tuesday, 23 April 2013
        Potential new legal challenge urges Government to use Caste Discrimination Powers and amend Equality Act (23.04.2013) In the shadow of today’s second contentious House of Lords debate on caste discrimination, this week the Government must also respond to a unique legal challenge mounted by a 44 year old British Hindu from Birmingham. The applicant born in the UK and born into a so-called ‘low’ caste. As a result, she has experienced a, “generalised level of discrimination,” throughout aspects of her life – including inequality of pay and social exclusion while working for a so-called ‘high’ caste employer.  The applicant has two children, both under the age of 18, have also suffered from bullying at school due to caste discrimination. On 18th April 2013, the applicant formally requested, through her Solicitors, J.M. Wilson Solicitors LLP, the Rt Hon Maria Miller MP (Secretary of State for Culture, Media & Sport and Minister for Women & Equalities) and other concerned Ministers to exercise a Ministerial power contained under section 9(5)(a) Equality Act 2010 to provide victims of caste discrimination with equal protection as other ‘protected’ minorities. A Ministerial response is due ...
    • English Language Case

      Friday, 12 April 2013
        Following a 2 day hearing in the Court of Appeal in November 2012 the Court today has handed down their Judgement dismissing our appeal. The decision was split, as one of the Judges would have allowed the appeal but two dismissed it. This is unusual in itself in the Court of Appeal on an issue of such importance and which effects so many people both here and abroad. The Court believe that whilst a person's Article 8 rights are interfered with it is a proportionate interference, as the Secretary of State is pursuing a legitimate aim. We believe the Court has not appreciated the significance of this interference, the fact that British Citizens and those legally settled in the UK are being separated from their spouses and in some cases their children is a significant interference that cannot be taken lightly. We intend to pursue an application to the Supreme Court and we will keep you updated on the progress of this case, as it is by no means the end and we will continue the fight on behalf of the many people and families who will be disappointed by this decision.      
    • UKBA latest updates

      Wednesday, 02 January 2013
        Latest updates from the Home Office news feed Latest updates from the Home Office        
    • J M Wilson Solicitors latest news and updates

      Saturday, 28 April 2012
      TEST CASE ON THE MINIMUM FINANCIAL REQUIREMENT FOR SPOUSES Case name: MM and Ors v Secretary of State for the Home Department – In the High Court sitting in Birmingham J.m. Wilson Solicitors is once again leading the way in challenging the Government’s change to the Immigration Rules on the 9th July 2012 where it introduced a minimum amount a person can earn before they can bring their spouse to the UK.  In the particular case that the J.m. Wilson Solicitors are taking forward to the High Court the person in the UK is a Lebanese national, now aged 34 and came to the UK in 2001. He is a refugee and has leave to remain in the United Kingdom until January 2014. This further effects his ability to obtain high paid employment. The rule also affects British Nationals and any other residents with settled leave who are receiving the National Minimum Wage as even if they work a full week they will still not meet the requirement.  He is engaged to a Lebanese woman and plans to get married to her but he does not earn the required amount despite working every hour he can to ...
    • Updates on Immigration Laws

      Wednesday, 07 March 2012
      New immigration fees proposed - Immigration minister Damian Green has issued a written ministerial statement proposing an increase in visa fees, and an increase in UK-based visa application fees. The proposals will be laid in Parliament in 2 separate regulations and, subject to Parliamentary approval, the government hopes to bring the new fees into force from 6 April 2012. Anyone who wishes to take advantage of the current fees is recommended to submit an application before the 6 April 2012.J.m. Wilson Solicitors LLP Team. - 09 February 2012 Click here for more info Automatic settlement for skilled workers is to end - The government plans to set a minimum income threshold for Tier 2 and some categories of Tier 1 who want to settle in the UK. Figures discussed are a minimum salary threshold of £35,000. Anyone who wishes to take advantage of this is recommended to make an application asap. J.m. Wilson Solicitors LLP Team. - 29 February 2012 - Click here for more info Changes to family migration to come into force on 9 July 2012 - On 11 June 2012 the Government announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in ...
    • Latest updates on high profile cases

      Friday, 16 December 2011
        The Rashida Chapti - Provided by guardian.co.uk