Qualification and experience
•  B.Soc.Sci University of Cape Town - Major in Economics
•  Spent 10 years as a Market Research Specialist
•  CPE/LPC University of Westminster
•  Trained Bates Wells& Braithwaite 2004-2006
•  Secondment working on the Charities Bill with Lord Phillips of Sudbury
• Qualified Bates Wells &Braithwaite 2006 into Immigration Department

Areas of expertise
•  Practicing exclusively in Immigration Law for a wide variety of individuals, commercial enterprises, public bodies, charities and other not for profit organisations
•  Work includes EU law and domestic immigration law, with special emphasis on operating under the Points Based System (PBS), either as an employee or an employer
•  A wealth of experience conducting Human Rights Article 8 applications, Settlement, Spouse/Partner applications, Immigration Appeals
•  Advice to individuals and corporate entities from the Education and Health sectors, including part of the NHS
•  Ben also provides expert opinions for both claimants and respondents with regard to insurance claims which have an immigration element to them, affecting the scope of damages

Recent work
• Successfully lobbied the UK Border Agency (UKBA) to allow part of the NHS to be treated as part of the University Milk Round, permitting it to assign Certificates of Sponsorship for certain medical trainees within 48 months of advertising the post, as opposed to the six months as set out under the Points Based System.

This case was particularly important as all trainees need to have practical experience and without this concession, the recruitment of key medical personnel would have been impossible.

• Ben Maitland is the solicitor in the lead case of a highly confidential Judicial Review which, when complete, will have significant ramifications throughout the UK regarding nationality law and public disclosure.

The case involves Iraqi citizen who worked for the US and UK security services leading up to the second Gulf War and who was denied British nationality on the grounds of national security and having links with elements of the Iranian security services. The Home Office refused to provide any further information. Ben is challenging the decision to deny nationality without disclosing the basis for the refusal. The government’s ability to make decisions, while relying on undisclosed information, is at the heart of the disclosure part of this Judicial Review.

• Ben successfully argued for a female client to be granted Indefinite Leave to Remain in the UK, even though she had not lived in the UK with her British husband for two years, on the basis that she was the victim of domestic abuse. There is a high threshold of proof required to win these types of cases and this case was particularly difficult as the client had no medical documentation and no contemporaneous evidence of a complaint being made to the police.

• Ben Maitland, successfully overturned a 10 year mandatory ban on Entry Clearance for well-known Indonesian guru who had been accused of deception on an application to visit the UK. Ben overturned this ban without an appeal.

Publications/Lectures
• Ben regularly writes articles on immigration issues for the Charity, Employment and Immigration professional updates publications available on Bates Wells & Braithwaite’s website
• Seminars, lectures and workshops

Pro bono
• Kalayaan – Justice for Migrant Domestic Workers
• Law Centre
• Art 8 Human Rights and HIV cases