HOW WE WORK
Kinley Legal’s approach to helping clients
How we work
Kinley Legal’s expert team provides legal advice and representation to personal and corporate clients, across our practice areas.
In the course of our years in practice, we have developed our own unique culture and refined how we work, to find innovative ways of problem-solving and to break down some of the mystique in dealing with the legal system. We have rigorous processes to help ensure that you receive the necessary professional advice and support as efficiently as possible.
The key ways we assist clients are:
Kinley Legal’s experienced lawyers conduct consultations either in person at our offices in central Douglas, Isle of Man, or by remote means such as Microsoft Teams, WhatsApp or telephone. By arrangement, we can also attend in person elsewhere in the Isle of Man and beyond.
An initial consultation normally lasts 30 minutes to one hour, and provides an opportunity for an in-depth discussion of your needs, with one of our senior lawyers with relevant expertise able to help you understand your options and plan your next move.
As we are able to provide valuable legal advice and assistance in an initial consultation, we do not offer initial consultations free of charge. However, we charge a reduced fee for initial consultations, so that you can become aware of your options and the likely costs involved before committing to any further legal costs. Consultations can be paid for before or at the time of the meeting.
We do not offer a checking service for immigration applications, as we believe that an application is an important and life-changing step, and it deserves far more care and attention than can be given at a short consultation.
We do not provide a written summary of our advice given during a consultation, but you are very welcome to take notes.
If you decide to proceed and instruct Kinley Legal in relation to your immigration application or other matter, or require written advice, we will send you a fee proposal, as well as our engagement letter and terms.
Kinley Legal’s lawyers are thoroughly experienced in providing legal advice in writing.
We regularly provide formal legal opinions concerning the legal structure of Isle of Man companies, trusts and foundations and their capacity to enter into transactions overseas, and the enforceability in the Isle of Man of documents entered into by them. We also conduct research and issue legal opinions where there is a genuine question of law requiring interpretation. We provide expert witness evidence on areas within our expertise, in proceedings outside the Isle of Man.
Where required for civil law jurisdictions, our notaries public often provide notarial certificates of fact on matters including the legal status of Isle of Man individuals, companies, foundations and other structures.
In immigration matters, we can provide written advice and analysis of your immigration position, including a “immigration plan” for you and your family, a formal but practical written assessment of the applications evidence, objectives and deadlines that will be relevant over your entire Isle of Man immigration journey, which can take between two and 12 years.
Our lawyers work with personal and corporate clients to prepare high-quality applications, including immigration applications for entry clearance, leave to remain or settlement.
The services we provide will be tailored to your needs as identified in a consultation, but you will always be provided with an experienced Kinley Legal lawyer with expertise in the relevant law and practice relating to your application, who will advise you through the entire process of application preparation and submission.
Once working on an application, we typically work through e-mail, as well as support by pre-arranged Microsoft Teams or telephone calls and in-person meetings, where neccessary.
Our services include:
- If you are eligible to make more than one type of application, explaining all the options so that you can make an informed choice as to how to proceed.
- Helping you identify the best application to make in your individual circumstances.
- Advising you on the requirements of the relevant law, any relevant guidance and policy, as well as case law.
- Providing the support you need to prepare for an application, for instance, by providing information about how to take any medical or English language tests required for an immigration application.
- Preparation of the appropriate application form, whether online or on paper, and advising you how best to set out your data and answers to help ensure success.
- Advising you on the supporting documents required for your application, then checking them when they have been obtained and assisting you with any amendments that may be required.
- Providing template documents such as bank confirmation letters to simplify the process of obtaining supporting documents, and helping you source experts’ reports where additional evidence is required.
- Where a business plan is required, introducing you to a suitable business plan development expert, then reviewing and finalising the business plan for compliance with the relevant law.
- Providing a letter of support from Kinley Legal to the decision maker, setting out the relevant facts and explaining how your application meets the requirements of the relevant laws.
- In more complex cases, preparing a formal advocate’s expert legal opinion in support of your application, setting out formally how your application meets the legal requirements.
- Submitting your online application with you, and for immigration applications submitted overseas, assistance with arranging biometric appointments.
- Assembling and submitting paper applications, with supporting document bundles for consideration by the decision maker, on your behalf – our Douglas office is conveniently located close to the Immigration Service and Isle of Man Government central offices.
- For immigration applications submitted overseas, uploading supporting documents for review by the decision maker and preparing you for your biometric appointment.
- Acting as your agent and representative for correspondence with the decision maker, so that you have the benefit of our support should any additional questions be asked.
- Accompanying and representing you in the event of an interview being requested in connexion with an immigration application.
- Advising once you have received a decision on your application, such as checking your visa vignette for errors, and any right you may have to dispute or appeal the decision.
Kinley Legal specialises in immigration appeals against decisions to refuse or curtail leave to enter or to remain in the Isle of Man. The practice is led by Christopher Kinley, who provides representation at immigration appeal hearings.
What work is required will depend on your circumstances, the reasons given for refusal, what additional evidence can be obtained, and whether the appeal is an initial appeal to the Immigration Adjudicator or to a higher court.
Our services to support clients’ immigration appeals include:
- Providing an initial assessment of the costs, timescale and merits of an appeal, taking into account all the relevant law, guidance, policy, and case law, as well as any relevant new facts or conduct on your part or that of the decision maker.
- Acting as your agent and representative for correspondence throughout the appeal process, so that you have the benefit of our support at all times.
- Drafting full grounds of appeal setting out your case as to why the decision was wrong.
- Preparing and filing the formal notice of appeal with the Immigration Service – our Douglas office is conveniently located close to both the Immigration Service and the Isle of Man Courts of Justice.
- Where appropriate, writing requests for the Immigration Service to review the decision and to withdraw it before the matter goes to court.
- Advising you on the documents required to be submitted to support your appeal, including on the admissibility of any documents that relate to matters after the decision was made, and preparing and submitting supporting document bundles to the court.
- Attending directions hearings at court on your behalf.
- Drafting witness statements for you and/or any witness giving evidence in your appeal.
- Where necessary, making interim applications to the Immigration Adjudicator to assist with the management of your appeal and to seek an earlier resolution of the matter.
- Drafting a written skeleton argument for consideration by the Immigration Adjudicator, setting out the full legal argument that your appeal should be allowed and the refusal or curtailment decision reversed.
- Representation at your appeal hearing(s) by Christopher Kinley, a leading and experienced immigration advocate, who will act on your behalf by presenting your argument, making submissions to the Immigration Adjudicator and examining any witnesses.
- Receiving the outcome of the appeal and discussing next steps with you, including the costs and merits of seeking permission to appeal the decision to the High Court, or submitting a new immigration application.
- In cases where appeal to the Immigration Adjudicator is unavailable, providing an assessment of the costs, timescale and merits of presenting a Petition of Doleance (the Isle of Man equivalent of Judicial Review) to the High Court.
- Conducting higher court proceeedings by way of preparing written evidence and arguments, and representing you at court hearings.
- Where relevant, assisting with parallel applications linked to appeal proceedings, including data subject access requests for your Immigration Service file, freedom of information requests for policy and statistical information, and complaints about how your personal data have been used.
How we don’t work
In order to provide the best service to our clients, our lawyers cannot always be immediately available. We work with many clients at any one time, and manage our time to ensure that all clients receive the advice and assistance their matter requires.
Imagine it as if our lawyers were the waiting staff at a good restaurant: your server has several tables to look after, and is in charge of making sure all of them receive the food they ordered while it is hot.
For this reason, we do not provide our legal advice and assistance by text or WhatsApp messaging, and we cannot always be available to answer telephone calls. In the event your lawyer is unable to answer your call, we should always be able to book a call quickly for a time that suits everyone and allows sufficient time to ensure the right advice can be given.
As we take pride and responsibility in the quality of our own work, we don’t offer a checking service for immigration applications which have been prepared by individuals or other advisers. We focus on providing quality advice and assistance through consultations, written advice and full application support, as described above.