Sydney Mitchell News

Sydney Mitchell, leading Midlands’ Law Firm, is pleased to announce the launch of its new Immigration Department.

Andre Minnaar, Senior Associate and Melissa Southall, Associate, have taken the reins of the newly formed Immigration department covering the whole of the Midlands and beyond; both join the firm from Cartwright King.

Andre and Melissa have wide ranging and far reaching skills dealing with the ever changing complexities of immigration law. With Brexit or No-Brexit on the horizon their skill sets will be of great help to those faced with the turmoil caused when facing human rights issues.

Andre is an expert in resolving complicated UK immigration, asylum and nationality problems of all kinds and is well known and respected for his in depth knowledge, guidance, support and thorough preparation whilst keeping his clients informed throughout the process. He is an experienced tribunal advocate, having successfully represented hundreds of appellants during his long career, often succeeding where others have failed.

Melissa is an experienced Solicitor and provides extensive personal immigration advice on spouse visas, applications for children, asylum and European applications. She has experience in all kinds of immigration and asylum work, and has a particular interest in applications involving the rights of children. She has worked with a number of Local Authorities over the years representing children in Local Authority care who have immigration problems.

Sydney Mitchell is recognised in the ‘Top Tier’ of the Legal 500 as a highly regarded practice and both Andre and Melissa have received outstanding comments from clients and contacts covered in the Legal 500.

Newly appointed Senior Partner, Karen Moores, welcomed the team, commenting:

Both Andre and Melissa are a great addition to the firm. As a firm we are always looking to help and develop the service we offer to our clients. As a divorce lawyer and Senior Partner of the firm, I see first-hand the complexities encountered in dealing with children and family matters where there are foreign jurisdictions involved. I am looking forward to working with them both.

Individuals, who are looking to work, live or just visit the UK from countries where they have been refused entry into the UK will be in safe hands with Andre and Melissa.

Andre comments that:

I am pleased to be joining such a well-established and respected legal firm in the Midlands.

I pride myself in delivering a friendly and excellent service where no stone is left unturned to ensure that not only I meet my client’s expectations, but exceed it. As an immigrant who went through the immigration process myself, I understand exactly what my clients are going through.

Melissa added:

I am passionate about helping those affected by strict immigration rules. Whatever stage our clients are at, we put our heart and soul into overcoming the hurdles that they face to ensure their applications are dealt with fairly and ultimately reach a favourable outcome.

Sydney Mitchell is a Midlands based award winning law firm, with offices in Birmingham City Centre, Sheldon and Shirley with additional facilities in Sutton Coldfield.

The firm has specialist teams that include employment, commercial property, company and commercial services, litigation and insolvency. Private client teams include family law, residential property, dispute resolution, immigration and wills and probate, tax and trusts and personal injury.

On the 6 July a team of four intrepid climbers from Sydney Mitchell Solicitors will take on the Yorkshire 3 Peaks Challenge. 12 hours, 3 Peaks, 64 pairs of socks and an abundance of plasters, is in between them and victory.

They are taking on this gruelling challenge to raise funds for two worthy causes, Age UK Solihull and The Buddy Bag Foundation.

Age UK Solihull is a charity with a mission to improve the lives of older people within the Solihull Borough. Age UK Solihull provides many services including social clubs and befriending programmes to tackle feelings of isolation and loneliness many within the older generation are going through.

Please click on the following link to learn more: https://www.ageuk.org.uk/solihull/about-us/

The Buddy Bag Foundation provides comfort to children who enter emergency care after fleeing violent situations at home. Buddy bags help to restore a sense of safety and security into a child’s life during a traumatic time.

To learn more about The Buddy Bag Foundation click on the following link: https://buddybagfoundation.co.uk/our-mission/

To sponsor our “Peaky climbers” in their aim to raise money for these two charites please click on the link below and donate, all donations are welcome.

https://uk.virginmoneygiving.com/Team/PeakyClimbers-Sydneymitchell

Watch out for more information. Hour by hour coverage will be posted on the 6 July on our Facebook page @SydneyMitchellSolicitors

Our lawyers are recommended in The Legal 500 United Kingdom 2018 editorial (listed below)

WEST MIDLANDS
Dispute resolution - Commercial litigation - Birmingham
- Dean Parnell
- Kamal Majevadia

Dispute resolution - Debt recovery
- Kamal Majevadia
- Hayley-Jo Lockley
- Gemma Parker

Finance - Insolvency and corporate recovery
- Leanne Schneider-Rose

Human resources - Employment
- Dean Parnell
- Samantha Glynn

Insurance - Clinical negligence - claimant
- Mike Sutton
- David Lydon
- Adam Hodson
-Stephen Jesson

Insurance - Personal injury - claimant
- Mike Sutton
- David Lydon
- Adam Hodson

Insurance - Professional negligence
- Sundeep Bilkhu

Private client - Contentious trusts and probate
- Kamal Majevadia (leading individual)
- Tracy Creed

Private client - Family - Birmingham
- Karen Moores
- Mauro Vinti

Private client - Personal tax, trusts and probate
-Tracy Creed ~
- Nicholas Bennett
- Ravinder Sandhu

Public sector - Health
- Dean Parnell
- Fahmida Ismail
- Tony Harris (Deceased)

Real estate - Commercial property - Birmingham
- Georgina Walsh
- Div Singh
- Fahmida Ismail

Real estate - Property litigation
- Sundeep Bilkhu
- Kamal Majevadia

Fantastic news Sydney Mitchell has won Law Firm of the Year in the 5-15 partners' category in the Birmingham Law Society Awards 2018. A great achievement!  Thank you to all the partners and staff who made this achievement possible.

Partners Fahmida Ismail, Sarah Archer, Kam Majevadia, Tracy Creed, Dean Parnell and Mauro Vinti accepted the award on the night presented by Emma Jesson and the category sponsored by Tony Rollason (Landmark Information Group).

Fahmida Ismail commented:

What an excellent result, recognising the hard work contributed by every single person in the firm in making us exceptional and being recognised by the Birmingham Law Society as Law Firm of the Year.

We are all extremely proud to continue to serve our clients to the highest standard.  Birmingham has such a lot to offer businesses and individuals and Awards like this just continue to show that we have great quality firms and people here in Birmingham.

Sydney Mitchell specialist teams include employment, commercial property, company and commercial services, litigation and insolvency. Private client teams include family law, residential property, dispute resolution and wills and probate, contentious probate, tax and trusts and personal injury.

Sydney Mitchell previously won this award in 2008, 2011, 2013, 2014, 2015 and it is a fantastic result that the firm has won the award in 2018.

Well done to all the winners in the Birmingham Law Society Awards 2018  - full list link attached

http://www.birminghamlawsociety.co.uk/2018winners

If you would like help on any legal matters, please call 0121 698 2200 or email enquiries@sydneymitchell.co.uk or fill in our online enquiry form

Sydney Mitchell Peaky Climbers have completed their Yorkshire Three Peaks climbing challenge raising funds for our nominated charities Age UK Solihull and The Buddy Bag Foundation. This page was updated throughout the day with the progress of the team on route.  A few pictures below and videos showing their progress.   The funds raised so far with giftaid are £1857.50.  Link to sponsorship page...

What a fantastic achievement by all... completing the climb in their target time of 11hrs 45mins.

• Emma-Louise Hewitt
• Hayley-Jo Lockley
• Gemma Parker
• Chole Bolton
• Jennifer Robinson
• Kirsty O'Reilly

Video links

At the start...

https://youtu.be/nRLUltPIb1c

2nd peak rising

https://youtu.be/_m0wsqgGT5k

Final Peak

https://www.youtube.com/watch?v=OKx69r16wFk

Over 50 Midlands’ professionals met at Sydney Mitchell’s ‘Movers & Shakers’ Networking Event at Purnell’s Bistro at Ginger’s Bar.  Excelling with new delights, Michelin starred restaurateur Glynn Purnell and his highly skilled team delivered tantalising fare.

Sydney Mitchell’s Head of Family, Karen Moores commented:

"Great company and great food from the team at Purnell's; the relaxed relationship buildng event that gives fellow professionals across the city a chance to catch up and build their connections."

The next event is on 6 August 2019.
 

More pictures from the event - Link

On Friday 22 November 2019, Sydney Mitchell will be holding its Charity Ball and Silent Auction in aid of the Buddy Bag Foundation and the Age UK Solihull charities at the National Conference Centre (also known as the National Motorcycle Museum).

It will be a great night of entertainment with live music, silent auction, 'fun' casino tables plus opportunities to win some fabulous prizes and a little fun entertainment with 'tops and tails'.

Everyone is welcome. Tickets are available individually at £60 plus VAT and also in tables of ten (£600 plus VAT) or twelve (£720 plus VAT) plus Eventbrite fees.

If you would like to donate a prize for the raffle, receive further information or to reserve your ticket for the event, please call Linda Heyworth or Aniqa Basharit on 0121 746 3300 for more information. (Cheques should be made payable to Sydney Mitchell LLP).

EVENTBRITE BOOKING LINK

HOTELS IN THE AREA

There are many hotels in the local area, however the National Conference Centre own two hotels locally. For anyone wishing to stay overnight The Manor Hotel and the Windmill Village Hotel have given a discounted rate for those attending the charity ball.  Please quote Sydney Mitchell Charity Ball when booking to ensure you gain your discount.

The hotels have limited availability for the 22nd November - offer for those attending the event:

• Windmill Village Hotel  £95 single £105 Double
• Manor Hotel  £129 single £139 Double

Prices include breakfast, service, VAT and carparking... early booking advised.
Please note credit card details will be required when booking to secure your room.

Read more about our charities...

https://buddybagfoundation.co.uk/

https://www.ageuk.org.uk/solihull/

In the past the Home Office often granted individuals Discretionary Leave to Remain outside of the rules if they made certain types of application, normally asylum based, and didn’t meet the rules, but there were other compelling or compassionate circumstances to their case.

Ordinarily Discretionary Leave was granted for a period of 3 years and individuals were required to then renew the leave for a further 3 years. Once someone has completed 6 years Discretionary Leave, then they become eligible to apply for Indefinite Leave.

In accordance with the UKVI policy in place prior to the introduction of Appendix FM on 9 July 2012, for those applying for Indefinite Leave to Remain, the Home Office have confirmed that for individuals on this particular route, it is not necessary to meet the KOLL requirements - Knowledge of Language and Life in the UK.

The Home Office have detailed this in their policy guidance and it means that individuals applying under this route do not need to take the Life in the UK test or the English language test. See Home Office guidance found at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/182545/statement-of-intent-koll.pdf.

If you need assistance with an application for Indefinite Leave after completing the requisite period of Discretionary Leave, then please do not hesitate to contact Andre Minnaar or Melissa Southall in our Immigration team on 0808 166 8831.

Going abroad on holiday or to live is becoming a common occurrence for many children. Parents may be offered positions abroad, either for a specific time or with endless possibilities of a permanent move. Likewise, grandparents may have chosen to move to a warm climate with a more relaxed way of life and promises of frequent long holidays for their family.

Although these changes can be viewed with a mixture of excitement and fear, if both parents agree, then their children can explore new vistas.

However, if the parents are no longer residing together there are many issues which may arise that need to be addressed. Karen Moores, family law solicitor explains the legal implications of taking your children abroad if you are divorced or separated.

Taking a child on holiday

The necessity to obtain permission to take a child out of the UK is not commonly known. It often depends on what Children Act Orders have been made, if any, and applies whether it is a day trip to France, a fortnight to Florida or the whole of the school holidays with relatives in Pakistan.

Consideration should first of all be given as to who has parental responsibility. If both parents have parental responsibility and there are no Child Arrangements orders (residence orders) or other restrictions in place, then neither can take the child on holiday outside the United Kingdom without the written consent of the other parent or any other party with parental responsibility. If consent is refused, an application to the Court will need to be made for permission.

The situation is different where one parent has a Child Arrangements Order. A person with a Child Arrangements Order that provides for a child to live with them (Residence Order) can take a child abroad for up to a month without the written consent of the other parent. However, it is good parenting to endeavour to agree the arrangements in advance; if consent is unreasonably withheld then an application may be made to the Court.

If the mother alone has parental responsibility and there are no child arrangement orders concerning the child, permission is not strictly needed by her to take a child abroad on holiday. However, again it is responsible parenting to consult and reach agreement with the other parent. Of course this does not stop a father without parental responsibility applying for parental responsibility and then objecting to the temporary removal of the child.

In almost all cases it is best to agree holiday or similar arrangements in advance to avoid misunderstandings, problems with contact, accusations of abduction and other applications to the Court. In the normal course of events permission for a child to go abroad on holiday is invariably given by a Court. Often details are required stating where the child will be staying, giving the date of departure, return and details of flights along with contact telephone numbers. If however there are suspicions that the child will not be returned, especially if the child is going to a non Hague Convention Country, then security will be necessary.

If grandparents and other family members want to take a child abroad, permission will be needed from both parents with parental responsibility and not just from one parent.

All of these issues may be dealt with at the local Court, however, if the approved holiday requires consideration of the law and procedures in foreign countries, then a Judge of the High Court may deal with such applications as consideration will need to be given with regard to putting in place specific orders. This may include mirror orders, notarised agreements and significant sums of money placed in a bond to be released upon the child's return. There have also been cases where family members, not just the person taking the child abroad, have been required to enter into a solemn declaration guaranteeing the safe return of the child.

The Court would also look at the risk of non return along with the magnitude of the impact on the child of any non return. It is therefore evident from previous Judge's decisions that they take account of each individual circumstance, the age of the child and detailed protective steps if there is a significant fear of non return after a trip abroad.

For further information and questions on taking your child/children abroad, contact us today.

Concerns of abduction

It is not unusual, particularly in families with international connections, for either parent to be anxious that the child will not be returned. These doubts may arise prior to the child leaving on holiday or indeed where the parent and child are returned late after a contact visit or if it has been difficult to get in touch with the other parent at any stage. If there is an immediate risk, port alert will be required. If there is time to secure an application to the Court for an order prohibiting the removal of the child from the jurisdiction without notice being given to the other parent, this should be done quickly as it can be crucially important to prevent the child leaving the UK. Any delay in an application can result in the child being taken out of the jurisdiction and may then result in great difficulty in locating the child and securing their return.

Nevertheless, if it is known that the child has been taken to a Country within the European Union there are considerable resources and facilities in place to track and locate a child in the hope of securing a return before departure to the rest of the world.

Abduction is known as a failure to return a child after an agreed period abroad. As stated above there are protective steps which can be taken if there is a fear of a non return after a trip abroad and legal advice should always be sought promptly to address anxiety about any concerns of an abduction. Information such as names, addresses, photographs and descriptions of people and places where it is likely that the child could be taken should be gathered as soon as possible. Clearly, this evidence may only be available if there is a reason to suspect that the child is being taken to other family members or friends who reside abroad.

If you have any concerns about abduction and need some legal advice on the issue, contact our family team.

Relocating abroad

A parent needs the permission of the other parent or a Court Order to take a child permanently abroad. This is known as a relocation application or leave to remove.

In some cases it is appropriate to oppose the relocation application but in others it may be wise to consider putting energies into legal representation to ensuring very good future contact before the relocation proceeds. If there are well thought out plans, with good reasons given to the Court for relocation, they will generally allow relocation. This however, does not mean that a parent opposing relocation of their child should immediately give up.

When considering opposing relocation applications it is essential to consider all aspects of a child's life. The Court will hear evidence as to the child's educational progress, family and support network, activities that they are involved in along with the impact of losing contact with the wider family. Consideration will also be given by the Court as to what more could the one parent offer the child if they continue to reside in this jurisdiction. If the child is to remain in Europe where the country has signed up to the appropriate conventions, there will be certain protection and enforceability of orders for contact. Even if a child has been permitted to go abroad, certain safeguards can be put in place to ensure that good contact continues. This may include extended staying contact during the school holidays and consideration as to travel arrangements, the use of emails and web cams.

Enforcement is another important issue that is required to be looked at before a child leaves the jurisdiction as often if there is a breach of an agreement or an Order these may have no validity abroad and may therefore not be relied upon. Therefore notarised agreements, mirror orders, bonds, religious oaths and other safeguards to ensure compliance with arrangements should be considered. Contact Orders made in England may not automatically be recognised or may require separate Court procedures and all of this must be done before departure.

A mirror order is an order made in the courts of the country of relocation.  This is identical to the order made before the UK courts. Therefore the advantage for the left behind parent is that because the order becomes an order of the foreign state, local enforcement is available.

There are therefore many issues that have to be considered as far in advance as possible. Legal advice from a Solicitor, preferably who has experience in such matters, should be taken so that due consideration may be given to all the possibilities that may arise and precautionary measures put in place.

Many children go abroad on holiday to visit family and friends or indeed to emigrate and it is a positive experience for them. Ultimately wherever the children is residing, it is usually in the best interests of that child to have regular, quality and contact with both parents. If this is an issue that you require further assistance or advice on please contact us today.

Dean Parnell, Partner, at Sydney Mitchell asked a simple question on BBC QT that stumped Nigel Farage. 

Name me one country that operates solely under WTO rules and doesn’t  have a separate trade agreement with another country.

- Extract from Birmingham Live and BBCQT News... 

...Nigel Farage was schooled by a Birmingham lawyer in jaw-dropping scenes on Question Time last night.

The ex-Ukip leader couldn't bring himself to give a straight answer to the partner from a city law firm.

Mr Farage, now leading the Brexit Party, was left stumped over a question on World Trade Organisation (WTO) rules.

 

He was asked by Dean Parnell, a partner of Sydney Mitchell, to name anywhere operating on WTO rules that did not have a trade agreement with another country.

Mr Farage, who backs leaving the EU on WTO rules, failed to state a country.

Instead, he argued that there were plenty of governments keen to sign trade deals with the UK.

Mr Farage was asked: "Nigel, you say: 'WTO rules, that's not a problem, that's the solution'.

"Name me one country within the WTO rules that doesn't have a trade agreement with another country."

He replied: "Of course, because WTO rules are the basis from which you begin."

He added that other nations would 'come running' when the UK is able to sign trade deals, after Brexit.

However, the audience member was unsatisfied with the MEP's response, saying: "Nigel, sorry.

"Just answer the question."

 

Mr Farage then tried again to avoid the question by telling the audience that the UK would be able to negotiate lots of trade deals with other countries.

 

Mr Parnell’s frustration was clearly visible and Mr Farage then blamed Liam Fox (the International Trade Secretary) for his failure.

 

But Mr Parnell had still not had Mr Farage’s answer to his original question and Question Time host Fiona Bruce eventually interjected.

 

She asked Mr Farage if he knew how many countries operated solely under WTO rules and astonishingly Mr Farage admitted he didn’t know the answer. 

 

Mr Parnell commented: “I find it so frustrating that Mr Farage and other politicians are able to say these things without being properly challenged. 

 

Source:

https://www.google.co.uk/amp/s/www.birminghammail.co.uk/news/showbiz-tv/astonishing-moment-nigel-farage-stumped-16255373.amp

 

More coverage on this ...

https://www.theneweuropean.co.uk/top-stories/nigel-farage-on-bbc-question-time-may-2019-1-6042658

https://www.mirror.co.uk/news/politics/question-time-nigel-farage-cant-15023826

https://inews.co.uk/news/politics/question-time-can-you-name-a-country-nigel-farage-silenced-by-furious-member-in-trade-deal-example-blunder/

https://theworldnews.net/gb-news/question-time-nigel-farage-can-t-give-audience-answer-to-simple-brexit-question

Video link to BBCQT -

 

view from https://www.youtube.com/watch?v=Pi40irjkFzE 29:47 onwards.