Personal Immigration

UK Personal Immigration Law is constantly changing. Responses to global change have led to new immigration routes continuously being introduced to visit, work, live, study or join family in the UK.

Gherson was founded in 1988 and within the past 40 years has continuously provided exceptional legal advice specialising in UK immigration, nationality, extradition, sanctions & human rights.

We offer our services to a wide range of clients, including high net worth individuals, their families and their businesses.

Our team provides a tailored, efficient and pragmatic approach to find the best strategy for their clients specific individual circumstances and requirements.

We often advise clients with complex circumstances and can assist with discretionary immigration applications.

Personal Immigration

Visiting the UK

Depending on your nationality and specific circumstances, you may require a visa to enter the UK.

The type of visa you will need to apply for will depend on your reason for travelling, whether that be for holiday to see friends or family, for a business trip, to do research, for private medical treatment, to get married, or to visit as a parent of a child at school. The time you will be able to spend in the UK will normally be capped at 6 months.

Working in the UK

There are a number of different options available to those looking to work in the UK, and Gherson can assist you with providing the best immigration route for you.

As of January 2021, the points-based immigration system in the UK now treats EU and non-EU citizens equally.

Under the points-based immigration system, anyone coming in to the UK will need to meet a specific set of requirements for which they will score points. Depending on the business visa type, there will be different conditions, entitlements and entry requirements for people.

We specialise in all types of corporate immigration visas whether that be long-term work visas such as the Skilled Worker visas, Intra-company visas and sportsperson visa, or short-term work visas such as the Graduate Route, Business Development and Talent visas such as Innovator, Start-up and Global Talent UK visas.

In relation to closed immigration categories such as Tier 1 Investor, Tier 1 Entrepreneur, Representative of an overseas business, we can still assist with your extension and settlement applications.

Additional visas that we provide support with are domestic workers, frontier worker permits and applying for a service provider from a Switzerland visa.

Studying in the UK

If you will be studying in the UK for more than 6 months, you will need to apply for a student visa such as child student visa or a short-term study visa.

Family in the UK

If you would like to live with a family member in the UK for more than 6 months, you will need to apply for a type of family visa.

A family member includes a spouse or partner, fiancé or proposed civil partner, child, parent or relative who will provide long time care for you. Gherson has extensive experience with advising on such matters.

EU, EEA and Swiss citizens

As of 01 January 2021, the transitional period following the withdrawal of Great Britain from the European Union has expired. European citizens without pre-settled or settled status who intend to reside for more than 6 months in the UK to live, work or study will be required to apply for a visa under the UK Immigration Rules. Although this change is fairly recent, Gherson has developed the adaptive tools and skills to assist in any new immigration matter, however, novel the route may be.

Although the deadline to apply to the EU Settlement Scheme was 30 June 2021. We continue to have success submitting late applications for pre-settled and settled status on a discretionary basis.

Global Immigration

When dealing with global immigration, our clientele are often high-net worth individuals who require further assistance in addition to personal immigration. As a result of this, we will can advise and assist on matters relating to asset structuring, tax planning, media & reputation management, corporate matters, commercial & residential property, employment and family matters.

We can also assist you with your Schengen Visas. Reasons for applying for a Schengen visa can include airport transit, tourism, visiting family and friends, business, medical reasons, study purposes, cultural, sports and film reasons, and for religious purposes, although others.

US Visas have always been popular and thus we are able to assist on both non-immigrant (visit) and immigrant (settlement) visas.

Investment immigration is not a new concept, however, obtaining secondary citizenship and residencies have been increasingly prevalent throughout the most recent years. By way of investment, an individual can obtain settlement or citizenship within a short period of time and have access to a myriad of benefits including visa-free travel, friendly tax schemes and the opportunity to own a secondary residence in an exotic country.

Challenging a decision

There are three ways to challenge a decision from the Home Office, through main administrative review, appeal or judicial review.

If you are provided the opportunity to challenge a decision by way of Administrative Review, it is best to seek expert legal advice. It is a process by which a refused immigration application (or grant if you are unhappy with the amount or conditions of your leave) can be challenged on the basis that the decision is incorrect due to a case working error.

This may include scenarios where the:

  • Evidence was not properly considered when the application was submitted
  • Immigration Rules were not applied correctly; or
  • There was a mistake in processing the application

It is conducted by a separate team that is independent from the original decision maker.

It is important that an application for administrative review is sent promptly; at most within 14 days of the date when you received notice of the decision if you applied from within the UK (or 28 days from the date of decision if you applied from outside the UK).

Gherson has ample experience in submitting administrative reviews and has obtained numerous outcomes where decisions were overturned by the Home Office.

If you are provided a right of appeal and decide to proceed, there will be a full hearing of a case on the facts in the First Tier Tribunal before a judge. The judge will be concerned with whether the Home Office made the right decision, including whether they made a correct factual assessment based on the materials provided in your application.

The process can be quite intimidating; seeking legal advice can help alleviate the stress and assist you in making the strongest possible immigration appeal.

  • Judicial Review

If you would like to proceed with a judicial review, it is imperative that the admissibility rules are strictly applied to. This type of court proceeding involves a judge reviewing the lawfulness of a decision in your asylum, immigration or human rights application. It will challenge the decision on the basis that the decision is perceived to be illegal, irrational or unfair due to the reasoning that the law has not been correctly applied and right procedures were not followed.

An application for judicial review should be made as soon as is reasonably possible. Judicial review can be extremely complicated and thus it is best to seek legal advice.

As judicial review is not a review of the conclusion of a decision, but of the decision-making process, it means that notwithstanding a judge determining that a decision was made unlawfully, the Home Office could reach the same conclusion following the reconsideration. This is why well-drafted grounds and an appropriate bundle are essential preparation for judicial review.

Gherson additionally has comprehensive experience in Asylum and Immigration Appeals. Gherson has close connection with accomplished barristers and can also call on extensive expert international experience if required.


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