Profile description
Parminder Saini is a barrister practising at the Bar in London. He specialises in Public law and Human Rights, with an emphasis on Business Immigration and Immigration, Asylum, Nationality and Free Movement law. He is regarded by his peers as one of the most prominent and accomplished leading juniors at the Bar in this field. He is known for his formidable intellect, impeccable case analysis and excellent skills in advocacy. Parminder is regularly listed as a “leading junior” for Immigration in the legal directories, in which professional colleagues have described “his understanding and level of preparation” as “extraordinary”.
He is the only leading junior in immigration law, to have appeared as sole counsel (i.e. unled by Queen’s Counsel) in the Grand Chamber of the European Court of Justice, the Supreme Court of England & Wales and the Court of Appeal (Civil Division). Parminder regularly appears in the higher courts, opposed by Silks. He is recognised as a leading barrister in the areas of human rights, immigration, EU free movement, points-based system migration and Tier 2 & 5 Sponsor Licence suspensions and revocations.
As a reflection of his expertise and wealth of experience, Parminder was appointed a Deputy Judge of the Upper Tribunal, Immigration and Asylum Chamber in 2015. He is one of the youngest barristers to have ever achieved this distinguished appointment.
Parminder’s expertise and experience in Business Immigration is extensive covering a wide array of clients, covering all manner of Tier 2 and Tier 5 Sponsors and their sponsored migrant workers, ranging from Tech companies to nationwide Chain and Franchise Restaurants, Care Homes to Charities and places of Religious Worship. Parminder’s services are often retained by clients as early as the drafting a response to a Suspension Notice, all the way through to drafting grounds for judicial review and challenging revocations of Sponsor Licence before the High Court. Needless to say, the sooner that Parminder has been involved in any suspension or revocation process, the easier it has been for his clients to reap the benefits of his advice and representation, frequently resulting in positive outcomes and very often avoiding the need for entering into costly litigation.
To give an insight into Parminder’s Business Immigration practice, some recent examples of work include the following:
• Lodging Pre-Action Protocol challenge for an Ayurvedic company whose employees faced difficulties in whether their sponsored employment was of a sufficient standard against the relevant Standard Occupational Classification (SOC) codes and NQF Level (resulting in the Licence being reinstated);
• Drafting Judicial Review grounds for a Care Home employing numerous keyworkers that has lost its accounting staff which has crippled it during the Covid-19 pandemic (currently on appeal to the Court of Appeal);
• Lodging Pre-Action Protocol challenge for a Tier 5 Punjabi Cultural Events company that faced criticism over its artists not having “international status” despite their having millions of followers on social media (resulting in the Licence being reinstated);
• Drafting a Response to a Suspension of Sponsor Licence for an International Plastics company (resulting in the Licence being reinstated)
As may be seen below, Parminder’s notable cases include the Court of Appeal matter of ICS Car Srl v Secretary of State for the Home Department [2016] EWCA Civ 394, which is one of only three higher court authorities concerning penalties levied upon haulage companies for unknowingly having their vehicles infiltrated by migrants attempting to unlawfully cross the UK-EU Border, in this instance at the Port of Calais. In one of only three higher court authorities concerning penalties levied upon haulage companies for unknowingly having their vehicles infiltrated by migrants attempting to unlawfully cross the UK-EU Border, in this instance at the Port of Calais. The appeal from the County Court concerned a challenge to a Civil Penalty and the SSHD’s Regulations governing penalties issued to hauliers carrying clandestine entrants boarding lorries via the Calais ‘jungle’ raising challenges to the definitions within the Immigration and Asylum Act 1999 and where a final check should occur in the light of dangers to drivers arising from refugees attempting to board lorries bound for the UK. In the event, the Court failed to grapple with the interpretation of the legislation argued for on the joint appellants’ behalf which may require revisiting in future. Parminder represented the freight company / haulier and its driver in this landmark appeal.
Parminder is also frequently contacted in strictest confidence by high-net-worth individuals looking for means of availing of routes to obtaining dual-passport and citizenship to the UK, the USA (e.g. the E-2 Visa) and beyond. In addition, Parminder has experience in assisting applicants for Investor, Investor, Entrepreneur and Startup Visas.
Parminder’s cases frequently attract Press coverage (see below) and he regularly comments on caselaw and important legal developments on Twitter where he has over 1300 followers, including senior barristers, judges, professors, business leaders, entrepreneurs and politicians; and has been interviewed in the past by the Guardian and featured on the BBC, Telegraph, Bloomberg and the Financial Times: https://twitter.com/ppssaini. He is also often asked for comments on developments in law by the Press (print and social media and #journorequest) ranging from human rights and the hostile environment, Points Based System migration, to the fallout from Brexit to the crisis concerning the influx of migrants including from the Calais jungle.
Clients have consistently commended Parminder for his innate ability to delve straight to the heart of their matter and offer succinct, effective advice that best serves their interests and leads to the best outcome achievable. Clients also often compliment him for his patient, attentive manner and his care and unwavering perseverance in pursuing success on their behalf.
Although some of Parminder’s reported cases appear further below, it must be borne in mind that owing to his skill in drafting and negotiation, his clients have often secured success in out of court settlements (most often at the Court of Appeal) resulting in many of Parminder’s complex arguments not yet being deployed in court, most commonly due to an opposing party settling to avoid a published judgment creating binding legal precedent against them (whilst also paying Parminder’s client’s legal costs).
In terms of Parminder’s skills in private client relating to Immigration, Asylum and Nationality, please refer to his separate profile for this related area of expertise.
Parminder’s LinkedIn Profile may be seen here: https://www.linkedin.com/in/parmsaini/
Languages
Hindi
Punjabi
Italian
Spanish
German
Japanese
French
