The Codes of Conduct for Solicitors and Solicitors' firms require us to ensure that when a client seeks to engage our services, we are required to give the best possible information (both at the time of engagement and as the matter progresses) about the likely costs of the matter. We therefore aim to clearly explain our legal fees (including if and when they are likely to change) and any other payments that a client may need to pay (such as, for example, Home Office UKVI application fees, the Immigration Health Surcharge, Court/Tribunal filing fees and barristers' fees).
Our firm does not undertake legal aid work, so meaning that our clients must privately fund any application that they wish for this firm to prepare and submit to either the Home Office UK Visas and Immigration (‘UKVI’) or Her Majesty's Passport Office (‘HMPO’), or in respect of any appeal or application for judicial review to HM Courts and Tribunals Service.
Nevertheless, it is our duty to point that some clients may be eligible for legal aid to fund their immigration services. The availability of legal aid is subject to a means and merits test. If you wish to know more about legal aid (including its scope and limitation), we refer you to the following websites:
https://www.gov.uk/legal-aid/what-you-can-get
https://www.gov.uk/check-legal-aid
https://www.gov.uk/get-help-with-court-fees
It is the normal practice of this firm to undertake legal assignments within a specific range of fees (a fee estimate) so that our clients can understand at the outset what the cost of a particular legal assignment is likely to be. On occasion, we enter into fixed fee agreements.
Further guidance about what information solicitors should provide regarding costs, including explanations of terms such as ‘disbursements’, ‘referral fees’, and other matters can be found at the following weblinks:
https://www.sra.org.uk/consumers/instructing/
https://www.sra.org.uk/consumers/instructing/costs-legal-aid/
Initial Consultations
An initial consultation (either at our office or by modern means of communication) generally lasts for around one hour and costs £250 plus VAT (UK government tax on goods and services at 20%) if VAT is payable. During that consultation we will advise you as to the legal options available on the facts of your case, the procedures that need to be followed in respect of those options and the evidence required to support a suitable application. We will also discuss whether the potential outcome of the matter is likely to justify the expense and/or risk involved.
Price information for Various Types of Applications to Home Office UKVI
Every case turns on its own facts and so no case can be directly compared with another. It is precisely because no case is identical that during the initial consultation we strive to provide advice specific to the facts of the individual before us and also an estimate of legal fees appropriate to the situation. However, in accordance with the Solicitors Regulation Authority guidance on price transparency, we are publishing our price and service information to the extent that it is possible to be precise about legal fees without knowing all the details of the matter. Nevertheless, we would reiterate that all applications are fact sensitive and the applicable law and procedures to be followed will vary according to those facts. We are always able to give a more accurate estimate of both legal fees and disbursements once we have information about your case.
Should you wish to instruct this firm to advise and assist in the preparation of an application to Home Office UKVI or HMPO we shall provide in our formal letter of engagement a written record of the costs information we have given such as confirmation of the estimate provided or the fixed fee that is payable.
For the avoidance of doubt, when instructed to lodge an application to Home Office UKVI or HMPO, our estimate would always include time spent in considering documents supplied by our client, attending on our client, and preparing, submitting and following-up an application to the date of decision by an official acting on behalf of the Secretary of State for the Home Department.
Please note that the following references to legal fees do not include costs that may be payable to third parties (such as Home Office UKVI and HMPO application fees, the Immigration Health Surcharge and various other possible expenses as detailed below).
Should later work be required such as, for example, an appeal to the First-tier Tribunal or an application for judicial review to the Upper Tribunal or Administrative Court, additional legal fees would inevitably be incurred.
(A) Human Rights (INCLUDING FAMILY AND PRIVATE LIFE/LONG RESIDENCE applications)
As a general guide, applications on human rights grounds such as an application for regularisation of status on the basis of a family and/or private life established in the UK, or for entry clearance applications by family members (such as spouses, children and adult dependent relatives) seeking to enter the UK often incur legal fees from £2,000 to £5,000 plus VAT at 20%, if VAT is payable. Applications for extensions or variations of existing leave to remain (such as an application as a partner) would often incur legal fees from £1,500 to £3,000 plus VAT at 20%, if VAT is payable.
(B) POINTS-BASED SYSTEM APPLICATIONS
This is a very broad category which can cover students to investors and so can vary from £1,500 to £10,000 plus VAT at 20%, if VAT is payable, depending on the particular application to be prepared and submitted.
(c) APPLICATIONS UNDER THE EU SETTLEMENT SCHEME
Applications for residence documentation under Appendix EU and Appendix EU (Family Permit) will usually incur legal fees from £1,500 to £2,500 plus VAT at 20%, if VAT is payable, depending on the applications to be prepared and submitted.
(d) Registration and naturalisation as A British Citizen
Applications for registration or naturalisation as a British citizen can be either relatively straightforward or extremely complex so meaning that legal fees can range from £500 plus VAT to £3,500 plus VAT. Advice on exceptionally difficult nationality matters (such as ‘status tracing’ in order to demonstrate the person is already a British Citizen) may incur higher fees.
(E) Visit visas and ancestry visas
We can assist you with applications for single or multiple-entry 6 month, 2 year, 5 year and 10 year visit visas. Legal fees for such applications can range from £600 to £2,500 depending on the complexity or otherwise of the case.
Ancestry visas (for commonwealth citizens with a UK born grandparent) usually incur fees from £1,800 to £3,000 plus VAT at 20%, if VAT is payable.
(f) Commercial clients and other types of applications
This firm offers a full service in all aspects of UK immigration and British nationality law. Indeed, our clients include those who are making substantial investments into the UK economy to those who are seeking international protection in this country for political or other reasons.
We have an expertise in advising commercial clients in respect of sponsorship licences, start-up visas, innovator visas, and the admission of Skilled Workers.
We will be happy to provide cost estimates for these types of applications when contacted.
Whether VAT is Payable on Our Firm’s Legal Fees
VAT is a UK Government tax that a person resident in the UK normally has to pay when they buy goods or services, including legal services.
It will be noted that a number of our above-mentioned estimates state “plus VAT at 20% if payable”. The reason that we have used this wording is that charging VAT in relation to immigration matters can be complex as it depends on the country in which the client lives and, even if they are physically in the UK, whether they have been granted a right or permission to remain in the UK.
We should be able to confirm whether or not a client is liable to pay VAT either at the initial consultation or shortly thereafter. If VAT is chargeable, it is currently payable at a rate of 20%. In those circumstances, if you received a legal bill for £250, this would incur a VAT charge of 20%, so meaning that a total of £300 would need to be paid to our firm. Shortly thereafter, we would have to forward that VAT payment of £50 to HMRC.
Further information about VAT and immigration status can be found at the following weblink:
https://www.gov.uk/hmrc-internal-manuals/vat-place-of-supply-services/vatposs04600.
Additional Costs which may be incurred that are not included in our Fee Estimates mentioned above
(A) Home Office ukvi and HM Passport Office fees
Any Home Office UKVI or HM Passport Office (‘HMPO’) application fees are not included in the fee estimates provided above. These fees normally need to be paid to the Home Office or HMPO directly as part of the application process, and can often be substantial. In addition, fees to use the UK government’s commercial partners (such as Sopra Steria, VFS Global and TLS Contact, etc) will often be payable. The precise fees payable to the Home Office change regularly. The following weblink indicates the current fees payable for different types of Home Office UKVI applications:
https://www.gov.uk/government/publications/visa-regulations-revised-table.
The following weblink indicates the current fees payable for different types of HMPO applications:
https://www.gov.uk/passport-fees
You may find the current fees payable to the UK government’s commercial partners in the websites which are listed below:
https://www.ukvcas.co.uk/additional-services
https://www.vfsglobal.com/en/individuals/index.html
It is sometimes possible to obtain a ‘fee waiver’ for certain human rights applications where to require payment of the Home Office fee before deciding the application would be incompatible with a person’s rights under the European Convention on Human Rights (‘ECHR’) . Fee waivers can also be requested for certain other types of applications. As part of our service, we shall consider whether a ‘fee waiver’ request can be prepared and submitted on the facts of your case. This may incur a further, albeit modest, legal fee which will not exceed £500 plus VAT if payable.
Further information on the topic of ‘fee waivers’ can be found at the following weblink: https://www.gov.uk/government/publications/applications-for-a-fee-waiver-and-refunds.
(B) immigration health surcharge
In addition to paying the Home Office UKVI fee, an applicant must normally pay an Immigration Healthcare Surcharge (‘IHS’) if they are outside of the UK and applying for entry for more than 6 months or if they are in the UK and seeking limited leave to remain for any period of time. This enables the individual to use the National Health Service during the duration of the leave to enter or remain applied for. An individual will need to pay the IHS even if they possess private medical insurance.
The cost of the IHS is not included in the fee estimates given above.
You do not need to pay the IHS if you are applying for (and later granted) indefinite leave to enter or remain, or you are otherwise applying under a number of other specified immigration categories.
Further information about the IHS, including precisely how much an individual has to pay in different circumstances, can be found in the following weblink:
https://www.gov.uk/healthcare-immigration-application.
As with the Home Office fees, in certain circumstances, it is possible to seek a fee waiver from the IHS. (Please see the ‘fee waiver’ link previously mentioned.)
(C) MIScellaneous expenses incurred by this firm
Routine photocopying and postage expenses are included within the fee estimates given above but, in some cases, there may be other expenses incurred by this firm which will require a supplementary charge. For example, it may be necessary to photocopy larger than normal quantities of paperwork for a hearing before a Tribunal or Court (particularly if the matter proceeds to the Higher Courts). It may also be necessary for a representative of this firm to travel out of our office to attend an appointment or a hearing centre on your behalf, in which case we reserve the right to make a charge to cover reasonable travel expenses. Other expenses would include such things as having to pay a fee to carry out a search at Companies House (or a similar institution), or the use of couriers, etc. However, any such expenses of this nature will be brought to your attention before they are incurred for your approval and agreement.
(d) Interpreters’ fees, translation fees and expert reports
Interpreters’ fees and translation fees (if required in your case) are not included in the fee estimates mentioned above. Should independent expert reports such as private medical reports, or country reports, be required in your case, the cost of such reports are also not included in the fee estimates mentioned above. Such reports are not necessary in most applications, but we shall of course inform you as soon as possible if we consider that an expert report is necessary and why we hold that view.
(E) barristers’ fees
The costs of instructing a barrister are not included in the fee estimates mentioned above. It is unlikely that we would advise you that we should instruct a barrister to assist in an application to Home Office UKVI or HMPO, but we will let you know as soon as possible if we believe that this is necessary and why we hold that view.
It is more usual to instruct a barrister to advise and assist if a statutory appeal is being pursued or in respect of a proposed application for judicial review (see below under the subheading ‘Should the Home office or HMPO refuse your application - Appeals and Judicial Reviews’).
How long will my application take to be processed?
We will normally be able to prepare and submit an application within a short period of a client supplying our firm with all the required information and documentation, and being in a position to pay agreed legal fees on account of costs and third party costs such as Home Office UKVI fees, HMPO fees and the IHS (if no fee waiver is being sought). Of course, on occasion it may be appropriate to submit an application at a later date.
What is essential is that a valid application is submitted prior to the expiry of any previous leave to remain that a client may possess. An out-of-time application can result in serious consequences, such as the possible loss of a right to work and liability to detention and removal. This is something which we stress to our clients at the initial consultation and throughout the legal assignment.
Home Office processing times vary dependent upon the type of application submitted, the method of submission and the pressures on the Home Office at any particular time. At the initial consultation we explain the above and whether there is a ‘premium’ (faster) option available, albeit that this would incur an additional Home Office fee. We also endeavour to provide an estimate of when a decision is likely to be made once we have detailed information about the facts of a specific case, but we cannot guarantee the date a decision will be made.
Further information about standard Home Office ‘waiting times’ in respect of immigration applications, made from inside and outside the UK, can be found at the following weblinks:
https://www.gov.uk/guidance/visa-decision-waiting-times-applications-inside-the-uk
https://www.gov.uk/guidance/visa-decision-waiting-times-applications-outside-the-uk
It is possible for certain types of applications to be dealt within 5 working days or by the end of the next working day. Further information can be found at the following weblink:
https://www.gov.uk/faster-decision-visa-settlement
Should the Home office or HMPO refuse your application - Appeals and Judicial Reviews
The fee estimates provided above are for preparing, submitting and following-up different types of applications to Home Office UKVI or HMPO until the date of decision by an official acting on behalf of the Secretary of State. The estimates do not include advice and assistance in relation to any subsequent appeal to the First-tier Tribunal, or to any subsequent application to the Upper Tribunal or Administrative Court (for permission to apply for judicial review).
We regularly represent clients in the Immigration and Asylum Chambers of the First-tier Tribunal and the Upper Tribunal, and have extensive experience of litigation in judicial reviews and appeals to the Court of Appeal.
We will be happy to advise and assist as to the merits of pursuing an appeal to the First-tier Tribunal or (if there is no such right of appeal) engaging in pre-action protocol possibly leading to an application for permission to apply for judicial review. However, a new fee estimate, or otherwise an alternative method of charging for our legal services, would have to be agreed at the outset of this new legal assignment.
At this point it is appropriate to point out that before an application for judicial review is pursued, a further benefit/risk assessment must be carried out. This is because a law firm has an overriding responsibility to act in our client’s best interests (including advising as to the possible adverse costs consequences - see below), whilst also being mindful of our duties to the court. This means we must carefully consider the merits of a judicial review application at the outset and also at each stage of the proceedings to confirm that it is appropriate to continue with the litigation.
If you are successful in your application for judicial review (because, for example, either the Judge ultimately upholds your judicial review and orders costs in your favour, or because a Consent Order is signed between the parties which contains a costs statement in your favour), you may be able to recover some (but usually not all) of the costs you have incurred in pursuing this litigation from Home Office UKVI or HMPO. If you are the losing party in this litigation, as a non-legally aided person you would normally (subject to the Judge’s discretion) be ordered to pay the costs of the successful party. In other words, if your application for judicial review is ultimately unsuccessful, you will have to pay the legal fees of this firm and any barrister instructed by this firm, and also at least some of the legal fees incurred by Home Office UKVI or HM Passport Office in defending the claim. The extent of the fees incurred by the Government Legal Department (the solicitors used by Home Office UKVI and HMPO) and the barrister(s) instructed by the Government Legal Department would depend on how far the matter had proceeded before the case was dismissed. This is one of the risks of this type of litigation which should be borne in mind when considering options and making decisions as the case progresses.
If you wish to know more about Court and Tribunal fees, we would refer you to the following websites:
https://www.gov.uk/court-fees-what-they-are
https://www.gov.uk/guidance/get-help-to-pay-or-reduce-your-visa-or-immigration-appeal-fee