All application carries Home Office fees plus any agreed fees by Malik laws Please note that Malik Laws Charge fees on time bases or fixed fee agreement Full brake down will be provided before commencement of any matter.

Malik Legal is committed practically entirely to immigration law of all types within the areas of corporate and personal immigration Visa.

All aspects of UK immigration and nationality law and all the various categories of application that can be made by those wishing to enter the UK or remain in the UK, whether for a limited period or for a long term period leading to permanent settlement in the UK

Corporate Immigration and Personal Immigration

Typical immigration law matters may concern applications on behalf of those wishing to work in the UK or on behalf of others wishing to enter or remain in the UK for non work-related reasons. Applications are therefore generally referred to as falling either within the ambit of corporate immigration matters or within the ambit of personal immigration. Both corporate and personal immigration issues are dealt with daily by the firm. These include, but are not limited to, the following

1. Point Calculator
2. Fees
3. Application Form

Trendy visa categories and immigration services are:

• Highly Skilled Migrant Programme (HSMP)
• Work Permits Sectors Based Scheme
• Working Holidaymakers
• Worker Registration Scheme
• Business Visas
• UK Visas Processed Fast
• Fee Schedule
• Application Process

What is an asylum seeker ?

An individual entering the UK to claim asylum is seeking acknowledgment as a refugee and acceptance on a legal basis into the UK . Those who either have their asylum claim accepted and become a refugee or be refused entry. Those granted asylum are given indefinite leave to remain (settlement).

What is a refugee ?

The criteria for recognition as a refugee, and hence the granting of asylum is to be a person who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion; is outside the country of their nationality and unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence… is unable or, owing to such fear, is unwilling to return to it. The definition comes from the 1951 UN Convention relating to the Status of Refugees.

How do you apply for asylum?

Asylum seekers can make their application at their port of entry to the UK or after entry to the Immigration and Nationality Directorate (IND). They should apply as soon as possible.

In some cases, claimants will be required to pursue their claim in another EU member state or other safe country, and if so, we remove them to that country. Under the Dublin II Regulation, which came into force on 1st Sept 2003 the applicant will be required to return to the EU member state deemed most responsible. This decision is assisted by the EU-wide fingerprint database of asylum applicants established by the Eurodac Regulation, which went live on 15 Jan 03, which allows for the computerised exchange of fingerprints in order to identify those applicants already known to other participating states and who may have made multiple asylum applications.

All claimants have a responsibility to:

• Co-operate and tell us the truth;
• obey the law; it is a crime to make a claim involving deception, and conviction can mean two years’ imprisonment;
• keep in regular contact with the Immigration Service;
• leave the UK if we reject the claim and appeal fails.

What benefits/support do asylum seekers get?

The support scheme for asylum seekers came into force on 3 April 2000 and is the responsibility of the National Asylum Support Service (NASS). Asylum seekers who are destitute may apply for one of three packages of support:

• subsistence and accommodation;
• subsistence only;
• or accommodation only.
• Accommodation is normally provided on a no choice basis in one of the designated cluster areas.

Those having the full support package will also have their accommodation, including utilities costs, met on top of the subsistence that they receive. Access to NHS treatment (including free prescriptions, health and dental services) is also included.

Asylum seekers in receipt of the full support package of accommodation and subsistence receive fully furnished accommodation including cooking utensils. Council Tax and utilities are paid for centrally. As a result of this, asylum seekers are able to access the full range of council services available to any other council tax payer. This includes services such as healthcare, education and social work.

For further information on NASS see the Immigration and Nationality Directorate website:

Or contact our team in Manchester

Commercial Law concerns anything from sole traders to trading partnerships and corporations, nationally and internationally. All aspect of Business Law are covered under this heading

Business Affairs:

MLS can provide business legal services for sole traders, partnerships, companies ( SMEs ) at competitive rates. We have access to barristers chambers who help us provide a first rate and expert service in all areas of commercial practice.

Debt Collection:

Unfortunately not everyone pays money when its due, and sometimes not at all. Our expertise in efficient debt collection litigation is available for individual, small business and large scale corporate clients, based on years specialized experience

Company Formations:

MLS. can provide assistance with start-ups, business expansions, acquisitions, disposals, and terminations. We can offer advice and services on incorporating a company and on the management and administration of the company’s affairs.

Commercial Mediation:

Mediation is a form of Alternative Dispute Resolution, which seeks to avoid the necessity of Court action and the associated costs and risks, by working directly with the parties to see is a mutually satisfactory solution to the parties’ problems can be achieved

Making an individual bankrupt and winding up an insolvent company is usually an action of last resort.

In any Bankruptcy and insolvency proceedings, unsecured creditors are not terribly high up the list when it comes to being paid. Any assets of the debtor will usually be applied broadly in the following order:-

1. The liquidator’s or Trustee in Bankruptcy’s costs;
2. Certain Inland Revenue debts (e.g. PAYE);
3. Certain Customs and Excise liabilities (e.g. VAT);
4. Social Security contributions;
5. Contributions to occupational pension schemes;
6. Arrears of wages or salary;
7. Secured creditors and
8. Unsecured creditors.

As can be seen, the unsecured creditor is a long way down the list!

If you are embarking upon Bankruptcy/Insolvency proceedings for the first time, then it is probably worthwhile viewing the Insolvency Service website www.insolvency.gov.uk

The website has lots of very useful information and leaflets that you can download including:-

1. How to search the individual insolvency register.
2. Company Directors Disqualification Act 1986 and Disqualified Directors.
3. The Insolvency Service Charter.
4. The Civil Procedure Rules 1998.

The Debt

In order to commence any kind of insolvency action, the debtor must owe the Petitioning Creditor £750 or more.

Bankruptcy Proceedings

A debtor must be served with a Statutory Demand indicating how much is claimed and how the debtor should pay it. The Demand states that if the debt is not paid and/or an application to set aside the Statutory Demand is not made, then the Petitioning Creditor can present a Bankruptcy Petition.

Applications to set aside Statutory Demands can be made at the Defendant’s home Court or if it is proposed to issue the petition out of the Royal Courts of Justice, at the Royal Courts.

Tip

Not all County Courts have Bankruptcy jurisdiction. It is therefore worthwhile checking with the Court you are using to confirm it has bankruptcy jurisdiction for the area in which the debtor resides.

Proof of service

Statutory demands should be served personally. It avoids later arguments as to whether or not the document ever reached the hands of the debtor. Many debtors will try and evade service. If this is the case then a letter of appointment should be delivered by a process server and the process server should turn up at a later date (as specified in the letter) and then serve the demand through a letterbox.

Setting Aside Statutory Demand

If a debtor wishes to set aside a Statutory Demand then he has to make an application to the Court (there is no fee payable). The application must be supported by an Affidavit which sets out the reasons why the debt is disputed.

The grounds of setting aside the Statutory Demand have to be legitimate. If they are not, then the Court may dismiss the application without a hearing.

If the Court does allocate a hearing, both parties will be required to attend the Court and explain to a District Judge why the application should be set aside or otherwise.

Bankruptcy Petition

If there is no response to the Statutory Demand and/or an application to set aside the Statutory Demand does not succeed, the Petitioner can thereafter issue a Petition.

Once the Petition is issued, it must be served on the Defendant at least 14 days before the hearing.

Personal service of the Petition is required, which should again be supported by an Affidavit of service.

If a Debtor tries to evade service, then the Court can make orders for “substituted service” and allow the notice of issue of the Petition to be, say, advertised in the local paper. However, before the Courts will make orders for substituted service, all other methods of service have to be attempted, including attending residential/business address, letters of appointments and corresponding with any solicitors that were known to have acted for the debtor.

The Hearing

At the hearing (which is held in Chambers), the Petitioning Creditor must be able to produce to the Court:-

1. Affidavit of service of the Statutory Demand, Petition and Affidavit verifying Petition.
2. A Certificate of continuing debt, confirming that the debt is still owed and due
3. Draft Bankruptcy Order (not all Courts require this, but some do).
4. A list of supporting creditors (if any are known at this stage).

The Bankruptcy hearings are quite quick. In many instances, the debtor will not attend even if he/she has been served.

If the debtor does attend, then the Court will enquire as to whether or not the debtor can pay what is due. If the debtor requires an adjournment for say 7 days and can produce evidence to support the fact that it is trying to raise the money, then 9 times out of the 10, the Court will grant an adjournment. However, if the debtor confirms that he is unable to pay his debts, then the Court will make a Bankruptcy Order and specify the time of which it was made.

Thereafter, the debtor is usually asked by the District Judge to attend the court office and telephone the Official Receiver so that an appointment can be made for the debtor to be interviewed.

Can Bankruptcy Proceedings be defended?

The answer is yes.

Obviously if a debtor does not believe he owes the money the creditor is claiming, then an attempt should be made to set the Statutory Demand aside (see above).

Where a debtor intends to oppose the proceedings it is necessary for him to serve a notice setting out the grounds in which he objects to an order being made. The notice must be served at both the Court and on the Petitioning Creditor.

If it transpires that there is a legitimate reason why the debtor should not be made bankrupt, for example, he may have a legitimate argument as to why he does not owe the money, then the Court can dismiss the Petition.

Winding Up Proceedings

Statutory Demands

As in Bankruptcy proceedings, the debt owing and due by a company has to be £750 or more.

It is possible to avoid Statutory Demand proceedings altogether and merely plead the fact that a Demand for payment has been made on the debtor which has been ignored.

However, if a statutory demand is served and ignored, then the Court regard the failure to respond to the Statutory Demand as evidence that the debtor is unable to pay its debts.

If a creditor wishes to use the “short” procedure and not serve a Statutory Demand, then the Petitioning Creditor must prove to the satisfaction of the Court that the debtor is unable to pay its debts. This is quite an onerous burden to discharge. The information that is available to the creditor will be old copies of the accounts, not the up to date management information. It is therefore prudent to pursue the statutory demand procedure.

Opposing the Statutory Demand

Unlike Bankruptcy proceedings, there is no procedure as such whereby the statutory demand can be set aside.

If a company wishes to dispute the proceedings, then usually it will arrange for its solicitors to send to the Petitioning Creditor a very aggressive letter threatening to obtain an injunction and obtain an order for costs against the Petitioning Creditor. If the demand is not withdrawn by consent, then the debtor’s solicitors will have to issue an application in order to apply for an injunction to restrain the petition being advertised.

Tip

If there is a legitimate grievance as far as the debtor is concerned, it is worth consenting to a statutory demand being set aside. The Courts do not like Insolvency proceedings being issued if there is a legitimate dispute. The costs that could be thrown away in respect of an injunction application could well outweigh the sum in dispute.

Formalities of Petition

A Petition needs to contain all kinds of information including details of

1. Share capital
2. Memorandum/Articles
3. Details of service of Statutory Demands

The Petition must also be verified by Affidavit.

Service of Affidavit/Petitions

The Statutory Demand and Petition should be personally served at the debtor’s registered office. It is worthwhile endeavouring to ensure that the Petition is actually served on one of the officers of the company, as some Judges have been known to throw Petitions out that have been left at a registered office merely with a receptionist.

Once the Petition has been served at the registered office, the Affidavit should be filed with the Court.

Unless the Court otherwise directs, every Petition must be advertised in the London Gazette, not less than 7 business days after it has been served on the company and not less than 7 business days before the day fixed for the hearing.

The advertisement must indicate the company’s name and registered office, the name and address of the Petition, the date of presentation of the Petition, the date and place of the hearing and the name of the Petitioner’s Solicitor, if any and to provide anyone wishing to support or oppose the Petition to give Notice of Intention to do so.

If the Petition is not properly advertised, the Court may dismiss it.

If a Petitioner desires to withdraw a Petition before advertisement, then an application can be made to the Court to do so. The Court has to be satisfied the Petition has not been advertised and that no notices in support have been received by the Petitioner and that the company consents to the order.

Certificate of Compliance

It is necessary for a Petitioner to file a Certificate of Compliance with the Rules relating to the service and advertisement showing the date of presentation of the Petition, the date of the hearing and the date on which the Petition was advertised. The Certificate must be filed at least 5 days before the hearing.

Preparation of lists of names and addresses of supporting/opposing Creditors The Petitioner must prepare a list of names and addresses of persons who have given notice of their intention to appear at the hearing.

The list must be handed up in Court on the day of the hearing and prior to the Petition being called.

Opposing Petitions

If the Respondent wants to oppose the Petition, it must file an Affidavit in response, not less than 7 days before the hearing.

The Court may adjourn the hearing, conditionally or unconditionally or make an interim order.

If the Petition is to be defended, the Registrar will adjourn it to a Judge’s list.

Unopposed Hearings

Most company winding up Petitions are unopposed.

The hearings before the Registrar are extremely short. Blink and you will miss them! It is merely a question of confirming to the Court:-

1. Name and address of the debtor.
2. Date on which Petition issued.
3. Date on which Statutory Demand/petitions have been served.
4. Confirm that the Petition has been advertised/Certificates of Rules have been complied with and thereafter the Registrar will make the “usual order”.

Alternatives to Bankruptcy/Insolvency

There are a number of procedures that are open to individuals and companies that wish to avoid being made bankrupt/insolvent.

The mechanics of obtaining such orders are really beyond the scope of this fact sheet. However, briefly the options that are open to individuals and limited companies are as follows:

Individual Voluntary Arrangements

If a debtor wishes to avoid being made bankrupt, but cannot afford to pay the full amount to his creditors it is possible to apply to the Court for an individual voluntary arrangement (IVA).

It is normal for IVA’s to be compiled by an Insolvency Practitioner, who will then apply to the Court for an interim order (which will give the debtor a breathing space) and thereafter liase with all of the creditors to see whether the debtor’s proposals are acceptable.

An IVA can only be granted if 75% of the creditors approve it.

If the agreement is passed, then it is overseen by an Insolvency Practitioner (who becomes known as the supervisor). The IVA would be binding on those creditors who had notice of the meeting and were entitled to vote.

Corporate Insolvency

Company Voluntary Arrangement A company voluntary arrangement (CVA) is essentially a structured re-organisation of the company which can lead to payments of debt by instalments to enable the company to continue trading or as a worse case scenario to allow the company time to dispose of its assets in an orderly fashion rather than have a “fire sale”.

• Like IVA’s, the scheme is overseen by an Insolvency Practitioner who acts as a supervisor.
• Like IVA’s, the CVA requires a majority of 75% in value of the creditors.

Administration Order

Administration Orders are usually obtained by companies that are in dire financial straits and are on the verge of becoming insolvent.

An Administration Order is essentially an application to the Court to allow the company “breathing space” to dispose of its assets in an orderly fashion. The Court have got to be satisfied that the Administration Order will be of more benefit than putting it into liquidation. obviously if the company is on the verge of insolvency, the Court does not want to effectively postpone the demise of the company if all creditors are going to be wrapped up.

• If the Petition for an Administration Order is successful the company has an administrator appointed.
• Once the Court makes the order the company is protected from other creditors.
• An independent report is required to obtain an Administration Order which is usually prepared by an Insolvency Practitioner

MLS are one of the Country’s leading Claimant Personal Injury solicitors recovering tens of millions of pounds worth of compensation for accident victims every year.

MLS has built its reputation by ensuring that Personal Injury Claimants can have access to justice with peace of mind knowing that they will not be out of pocket whether they win or lose. Unlike many Personal Injury law firms, MLS does not accept instructions from Accident Management companies or allow its clients to enter into punitive loan agreements or other funding arrangements that leave the client out of pocket. MLS commitment to client care and to technical excellence is in stark contrast to many organisations who operate in the personal injury litigation field.

MLS have solicitors specialising in every field of personal injury work handling cases from routine accidents at work, road traffic accidents, to injuries of the utmost severity that involve complex programmes of rehabilitation and long term care.MLS commitment to every client is to maximise your compensation, to expedite the litigation process, and to ensure every client keeps every penny of the compensation awarded.Any client who instructs MLS to pursue a personal injury claim, can do so with complete peace of mind knowing that our legal costs are recovered on top of the compensation we win for you.In the event that your case is unsuccessful, you do not pay anything. Client recommendation remains our most important source of work, reflecting our success in maximising damages for the victims of accidents nationwide.

• ACCIDENT AT WORK CLAIM
• ROAD TRAFFIC ACCIDENT CLAIM
• HEAD INJURY CLAIM
• INDUSTRIAL DISEASE CLAIM
• SPINAL INJURY CLAIM
• DEFECTIVE PRODUCT CLAIM
• HOLIDAY ACCIDENT CLAIM
• CRIMINAL INJURIES COMPENSATION TRIPPING AND SLIPPING CLAIM
• CLAIMS QUESTIONNAIRE

We offer representation at all police stations in the North West especially regarding Immigration breaches. Please note everyone at the Police Station is elegible for free advice from the Solicitors who are accredited with the Legal Service Commission, Malik Legal Solicitors provide this service on a private fee basis and do not hold a franchise in any area from the Legal Service Commission.

We believe that everyone accused of a crime has the right to a strong, committed defence, and that every case is of vital importance to the accused. From the most minor to the most serious offence, our approach is the same – detailed investigation that explores every avenue, pro-active and determined representation in the police station and at Court, commitment to providing the best advice and explanation of the law, and a sympathetic understanding of the importance of the case to you.

We have experience of everything from road traffic offences to the most serious cases including sexual offences, armed robbery, drugs and murder.

Our family department is committed to providing the best service in all family matters including Islamic Talaaq. We have wide experience of all aspects of family law in Pakistan concerning UK residents and the validity of marriage and divorce, and provide expert advice and representation in the following areas:

›› Talaaq and Nikka

›› Divorce and relationship breakdown

›› Financial settlement and child support

›› Contact and residence for children

›› Care proceedings and other social services involvement ›› Domestic violence and injunctions

›› Adoption and wardship

›› Child abduction

We recognise that family breakdown and children cases can be distressing to all involved, and we take a sympathetic approach to resolving your problems. Our aim is to provide excellent independent advice, to get the best results for you. In urgent cases, we can act immediately to secure injunctions and safeguard your rights.

Please Note that all our services are provided on fee bases at a very professional competitive rate.

For further information, or to discuss your case, email: info@maliklaws.co.uk