PERSONAL IMMIGRATION
PERSONAL IMMIGRATION
We provide the highest calibre, customised immigration services at Berkshire Law Chamber to anyone looking to reside and work in the UK.
Our skilled team of solicitors can assist you in navigating the convoluted process of acquiring a visa or permanent residency since they are knowledgeable about UK immigration law.
Whether you want to move to the UK for job, school, or family reasons, we can give you all the professional advice and representation you need to make sure your application is successful.
VISITING THE UK
As a Standard Visitor, you are able to travel to the UK for leisure, business, education (for courses lasting up to six months), and other authorised purposes.
The typical length of stay in the UK is six months. If you need to remain longer to receive medical treatment, for example, you may be eligible to apply.
Although the information provided below includes a summary of the prerequisites for the visitor visa route, you should make sure that you obtain in-depth legal advice before submitting an application to ensure that you are meeting the prerequisites and that all necessary procedures have been followed for a successful application. See our section on “common reasons why applications are refused” for more information on how failing to properly prepare your application may cost you money and precious time.
We provide the highest calibre, customised immigration services at Berkshire Law Chamber to anyone looking to reside and work in the UK.
Our skilled team of solicitors can assist you in navigating the convoluted process of acquiring a visa or permanent residency since they are knowledgeable about UK immigration law.
Whether you want to move to the UK for job, school, or family reasons, we can give you all the professional advice and representation you need to make sure your application is successful.
PERMITTED ACTIVITIES
As a Standard Visitor, you can go to the UK for:
- for travel, such as on a trip or vacation
- for reasons of health
- as a dentist, senior physician, or academic
- to learn, do a placement, or take a test.
- to enrol in a 30-day leisure course, such as a dancing class
- to take part in a programme of school exchange
- for specific business tasks, such going to a meeting or interview
- transiting via the UK on one’s way to another nation
- to work as a volunteer for a recognised charity for up to 30 days
- to see your loved ones or friends
NON PERMITTED ACTIVITIES
As a Standard Visitor, you cannot go to the UK for:
- work for a UK corporation, either paid or unpaid, or on your own
- claim benefits or public funds
- reside in the UK for an extended period of time through repeated or regular trips
- You must apply for a Marriage Visitor visa if you want to wed, register a civil partnership, or announce a marriage or civil partnership.
STANDARD VISITOR VISA
Before departing for the UK, you must, if necessary, submit an online application for a Standard Visitor visa. For up to six months, a Standard Visitor visa costs £100.
The earliest you may submit an application is three months before your trip (without any costs for legal support). There will be extra fees for this if you need legal representation.
If you visit the UK frequently, you may want to consider applying for a lengthy Standard Visitor visa.
If you have a Standard Visitor visa, you can travel through the UK to another nation. You can apply for a Visitor in Transit visa for £64 (less any expenses for legal aid) if travelling through the UK is your only purpose for being there.
ADULT DEPENDENT RELATIVE
(PARENTS, GRANDPARENTS & EXTENDED FAMILY)
The Adult dependant Route allows adult dependant non-EEA nationals who are British citizens or who have already established in the UK to do so. Proof that the dependant needs long-term personal care due to age, disease, or disability is required in order to qualify, and that care may be supplied by a relative in the UK without the use of public funds. Candidates cannot change to this path while in the UK; they must apply from outside the UK.
Candidates must be physically unable to carry out common duties like cooking, washing, and dressing in order to be eligible for this path. A physician or other health care provider must objectively evaluate the needed degree of treatment while taking the applicant’s physical, emotional, and psychological requirements into account. The applicant also has to be unable to get the necessary level of care in their home country, even with their sponsor’s financial and practical support in the UK. This could be brought on by the lack of accessibility or high cost of such care.
If another individual in the applicant’s home country is fairly capable of providing the necessary care, the Entry Clearance Officer will take it into account. This may be a relative, a friend, or a carer. The application could be turned down if the applicant’s native nation offers or can afford the treatment. The sponsor, who must make a 5-year commitment to support, house, and care for the application without using public funds, must own or solely occupy the residence where the applicant will reside in the UK.
In conclusion, a person must require long-term personal care owing to age, disease, or disability and be unable to access the necessary level of care in their native country in order to be eligible for the Adult Dependent Route. The sponsor must have the resources necessary to support, house, and care for the application in the UK without using taxpayer money.
LONG RESIDENCE (10 YEARS ROUTE)
INTRODUCTION
It might be difficult to apply for settlement or Indefinite Leave to Remain (ILR) based on a length of stay in the UK. We will discuss the prerequisites and procedures for creating a successful application in this blog. We will go through the crucial details that candidates need to be aware of, such as proving continuous and legal residency and satisfying the knowledge and language criteria.
We will also go over the value of a clean record, criminal background checks, and the paperwork needed for a legitimate application. So let’s get started!
Permanent and Legal Residency:
You must prove that you have lived legally and consistently in the UK for ten years in order to qualify for settlement or an ILR based on long residence. This implies that throughout this time, you should have had a legitimate leave of absence or a timely application. However, there are several exclusions and uncontrollable reasons that might affect the continuation of your residency, such as Home Office mistakes or canceled/cancelled leave.
To verify that this criteria is satisfied, it is imperative to thoroughly review your whole immigration history.
LIFE IN THE UK REQUIREMENT
Unless they are medically exempt, the majority of candidates must pass the Life in the UK exam. It is advised to read the official document “Life in the UK: A Guide for New Residents” in order to get ready for the test.
This offers in-depth details about daily living in the nation. A valid photo ID must be brought to the exam centre, and the test can be scheduled on the official website.
ENGLISH LANGUAGE REQUIREMENT
Unless excluded, applicants must fulfil the English language requirement. This can be met by finishing a degree in the UK, having a degree certificate taught or researched in a nation with a majority of English-speaking citizens, or obtaining a valid speaking and listening certification in English at B1 CEFR or above.
Each of these solutions must meet specific requirements and provide specific documentation.
GOOD CHARACTER REQUIREMENT
Being righteous is a prerequisite for settlement or ILR. It means abiding by UK laws and rights, taking care of your responsibilities as a resident, and maintaining a spotless criminal record. The Home Office investigates your tax and insurance issues and could ask H.M. Revenue & Customs for confirmation.
CRIMINALITY:
All criminal convictions, including traffic infractions and fixed penalty letters, must be disclosed by applicants. Infractions including drunk driving, licence modifications, and civil judgements must also be disclosed. Criminal background checks are carried out, and some convictions or pending criminal cases may have an influence on the application.IMMIGRATION -RELATED ISSUES AND DECEPTION:
When evaluating the good character criterion, any effort to deceive the Home Office or other government agencies would be taken into account.
Application rejection may be the consequence of dodging immigration control, helping others evade control, or hiring unauthorised labour.
CREATING A RELIABLE APPLICATION:
It is essential to adhere to the Home Office’s prescribed application process, supply biometric data as needed, and pay the requisite costs to guarantee a legitimate application. The application form and the necessary fees are submitted online.
Exemptions could be applicable depending on particulars like a person’s health.
TIMESCALES AND FEES:
Applicants should verify the most recent fees before submitting a settlement/ILR application since the Home Office prices are subject to change. In addition, if your situation is complicated, the application procedure might take up to six months or longer.
APPLICATION RESULT
If their application is approved, applicants will be given permission to stay in the UK indefinitely, enabling them to live there, work there, travel there, and use public monies. Depending on the situation, someone could possibly qualify for British nationality.
Limited possibilities for appeal or judicial review may be available in the event of a rejection.
BRITISH NATIONALITY
1. RECOGNISING THE CONDITIONS:
There are prerequisites that must be satisfied in order to qualify for British citizenship. These include being at least 18 years old, being of sound mind, and having plans to stay in the UK. Candidates must also be of excellent moral character, have sufficient awareness of UK culture, and be able to speak English (or Welsh, or Scottish Gaelic) fluently.
2. RESIDENCE REQUIREMENT
Applicants must have spent at least five years in the UK before applying, unless they are married to a British citizen in which case they must have spent three years there. Being physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man, or the Channel Islands on the day five (or three) years before to the application is one of the prerequisites for residency.
Additionally, you must be established or have indefinite leave to remain at the time of application in order to be exempt from immigration control. There are restrictions on how many days an applicant can spend outside the UK in the five years, three years, and twelve months before to the application.
3. BRITISH LIFE REQUIREMENT:
Unless medically excused, most candidates must pass the Life in the UK exam. The relevant material is available in the official manual “Life in the UK: A Guide for New Residents” to help you get ready for the test. It is necessary for passing the test and may be obtained from reputable sites.
4. REQUIREMENT IN TERMS OF ENGLISH LANGUAGE
Applicants must fulfil the English language requirement unless they are excused. This can be accomplished in a number of ways, including being a citizen of a nation with a significant English-speaking population, obtaining a degree from a UK university, or possessing a recognised English qualification at Level B1 CEFR.
5. RELYING ON EEA RESIDENCE RIGHTS:
Applicants must present proof of their legal residency in the UK throughout the necessary time period if they were an EU, other EEA, or Swiss national.
There could be other conditions, such having complete health insurance.
8. CITIZENSHIP CEREMONIES:
The applicant will be invited to a citizenship ceremony if their application is approved and they are over 18 and living in the UK.
Within three months after getting the invitation, it’s crucial to make plans to go.
6. GOOD CHARACTER REQUIREMENT
Being morally upright is a need for British citizenship. This entails abiding by UK laws, respecting the country’s rights and liberties, and carrying out your obligations as a resident.
This evaluation includes checking criminal histories, declaring convictions, looking up civil judgements, warnings, and other pertinent data.
7. APPLICATION PROCESS
Online applications are accepted for British citizenship. The Home Office citizenship cost is subject to vary, and there are extra fees for enrolling in biometrics.
Standard applications typically take 6 months to process, while non-standard applications might take longer. It will be necessary for applicants to enrol their biometrics.
IN CONCLUSION:
Careful planning and attention to prerequisites are necessary in order to submit an application for British citizenship. This blog article has given a thorough review of the important requirements and procedures related to the application process. Candidates can boldly pursue their dream of becoming British citizens once they are aware of these conditions.
EU SETTLEMENT SCHEME APPLICATIONS
PRE-SETTLED & SETTLED SCHEME APPLICATIONS
From a country other than the UK, you can apply for status under the EU Settlement Scheme.
The EU Exit: ID Document Check app must be used to confirm your eligibility to apply from outside the UK.
You must use your current, valid passport or national identity card with a biometric chip if you’re a citizen of the EU, EEA, or Switzerland.
Use your UK resident card with a biometric chip if you are not an EU, EEA, or Swiss citizen.
IN CASE YOU ARE UNABLE TO SCAN YOUR DOCUMENT
The Home Office may request that you mail your document to them if you are an EU, EEA, or Swiss citizen and cannot use the app to check your passport or national identity card. You should think about if local regulations prohibit posting your identity papers.
If the app fails to read the biometric chip on your UK residency card and you are not a citizen of the EU, EEA, or Switzerland, get in touch with the EU Settlement Resolution Centre. This material should not be posted to the UK.
IF YOU ARE UNABLE TO UPLOAD YOUR ID
Some nations forbid the sending of identity papers across borders or mandate that you carry it with you at all times. To find out if you may mail an identity document to the UK, please check with your local government.
Please get in touch with the EU Settlement Resolution Centre if you are unable to mail your identity document to the Home Office.
- Afghanistan
- Armenia
- Azerbaijan
- Bangladesh
- Belarus
- Burundi
- Cameroon
- Chad
- Congo (Brazzaville)
- Cuba
- Egypt
- Eritrea
- Ethiopia
- Gambia
- Georgia
- Ghana
- Iran
- Iraq
- Israel
- Jamaica
- Jordan
- Kazakhstan
- Kenya
- Kyrgyzstan
- Laos
- Liberia
- Libya
- Morocco
- Nepal
- Nigeria (and Benin)
- North Korea
- Northern Cyprus
- Pakistan
- Russia
- Rwanda
- Sierra Leone
- Sri Lanka
- Sudan
- Tajikistan
- Tunisia
- Turkmenistan
- Ukraine
- Uzbekistan
- Venezuela
- Vietnam
- Zambia
- Zimbabwe
PRE-SETTLED STATUS IN UK
Understanding the pre-settled status application procedure is vital if you are an EU, EEA, or Swiss citizen residing in the UK.
With this immigration status, you are able to stay in the UK once the Brexit transition period is through and continue to live and work there. We’ll provide you a step-by-step walkthrough of the application procedure for pre-settled status in this blog article, along with information on requirements, paperwork, and significant factors.
CRITERIA FOR ELEGIBILITY:
You must fulfil the following requirements in order to be eligible for pre-settled status:
- be a citizen of the EU, EEA, or Switzerland
- have moved to the UK as of December 31, 2020
- Prove that during the course of the past six months, you have lived in the UK continuously for at least one day
- satisfy the eligibility and appropriateness standards imposed by the UK government.
APPLICATION PROCESS:
COLLECT THE NEEDED DOCUMENT
- National identity card or valid passport
- Utility bills, lease agreements, or bank statements are acceptable forms of identification as proof of UK residency
- NIN, national insurance number if applicable
- Providing evidence of your familial ties if you’re applying as a dependant.
OPEN AN ONLINE APPLICATION
- Create an account on the official UK government website
- Fill out the application by include your personal information, housing history, and supporting documentation.
3. UPLOAD SUPPORTING DOCUMENTS
- Your papers should be scanned or photographed clearly before being securely uploaded using the online application site
4. VERIFY YOUR IDENTITY
- You might occasionally need to make an appointment to submit your biometric data (fingerprint and picture) and prove your identification.
5. WAIT FOR A DECISION
- The Home Office will process your application and notify you of the outcome via email or post. The decision usually arrives within a few weeks.
IMPORTANT COSIDERATIONS:
- DEADLINE FOR THE APPLICATION:
For the majority of people, the application for pre-settled status must be submitted by June 30, 2021. To guarantee your status in the UK, it’s crucial to submit your application before this deadline. - CONTINUOUS RESIDENCE:
Make sure you have documentation, like as travel documents, work records, or school records, to demonstrate your continuous presence in the UK. - FAMILY MEMBERS:
If you have relatives who are not nationals of the EU, EEA, or Switzerland, they must submit a separate application under the EU Settlement Scheme as a relative of an eligible individual. - BENEFITS AND SERVICES ACCESS:
You will be able to work, study, access healthcare, and use other public services in the UK if you hold pre-settled status. - UPGRADING TO SETTLED STATUS:
You are eligible to seek to change from pre-settled to settled status, which would provide you permanent residency, after five years of continuous residence in the UK.
IN CONCLUSION
For EU, EEA, and Swiss nationals residing in the UK, applying for pre-settled status under the EU Settlement Scheme is a crucial step. You may maintain your legal status and take advantage of the advantages of residing in the UK by comprehending the eligibility requirements, collecting the required documentation, and completing the application procedure. To guarantee a seamless transition to settled status later on, keep track of your residency and don’t forget to apply before the deadline.
PARTNER OR SPOUSE VISAS
APPLYING AS A SPOUSE OR PARTNER
- own a British or Irish passport
- have an established position in the UK, such as having proof of permanent residency or indefinite leave to remain
- have pre-settled status and be citizens of the EU, Switzerland, Norway, Iceland, or Liechtenstein; they must have been in the UK before January 1, 2021
- Having a visa for Turkish workers or businesspeople
- get humanitarian protection or refugee status in the UK.
WHAT YOU MUST PRESENT
ONE OF THE FOLLOWING MUST BE DEMONSTRATED BY YOU
- You have a legally acknowledged civil union or marriage in the United Kingdom.
- When you apply, you’ve been in a committed partnership for at least two years.
- You will be married or form a civil partnership in the UK within six months of arrival if you are engaged, engaged-to-be, or planning to be.
YOU MUST TO PROVE AS WELL:
- show proficiency in English
- can provide for your family’s needs and your own
YOU MAY STILL BE ALLOWED TO APPLY FOR A VISA OR RENEW YOUR PERMISSION TO REMAIN EVEN IF YOU DON’T MATCH THESE CONDITIONS IF:
- It would be illogical for your child to leave the UK if they are a British or Irish citizen or if they have been a resident for seven years.
- If you and your spouse lived together as a couple outside the UK, there would be extremely severe challenges that could not be overcome.
- Stopping you from travelling to the UK or forcing you to leave would be against your human rights.
IF YOU ARE A FIANCÉ, FIANCÉE, OR PROPOSED CIVIL PARTNER APPLYING
YOU MUST DEMONSTRATE THAT:
- There have been no past divorces or dissolutions of civil unionS
- within six months of your arrival in the UK, you intend to wed or form a civil partnership
TO DEMONSTRATE THE RELATIONSHIP, SEND EVIDENCE THAT:
- comes from a government agency, bank, landlord, utility company, or doctor
- verifies your connection with your partner, such as the fact that you are married or in a civil partnership, live together, and share costs
- is under the age of four
USES FOR THESE INCLUDES:
- a marriage licence or certificate of civil union
- a lease agreement, utility bills, or council tax invoices attesting to the fact that you share an address and pay your costs jointly.
- a bank statement from a joint account or documentation attesting to your shared address
- a letter proving that you reside at the same address from your dentist or doctor
ADDITIONALLY, YOU CAN OFFER THE FOLLOWING PROOF:
- a one-time expense, like as vet bills or repairs to your house
- letters stating that you and your partner are registered to vote at the same place
- student financial documents attesting to your residency at the same address.
HOW LONG CAN YOU STAY
You have a 2-year, 9-month stay limit in the UK with this visa. You can remain for six months if you’re applying as a fiancé, fiancée, or prospective civil partner. You’ll then need to submit an application to extend your stay.IF YOU RENEW OR CHANGE YOUR VISA:
You may stay in the UK for two years and six months if you extend your family visa or move to this visa.APPLYING WHILE BRINGING YOUR KIDS:
If both of the following apply, you may add children as dependents on your application:- Whether they were under 18 when they initially received leave or at the time of your application, they
- They do not lead a free life.
WHEN YOU CAN SETTLE PERMANENTLY:
The earliest you may apply for “indefinite leave to remain” in the UK is after you’ve lived there continuously for five years as a partner on a family visa. You are not permitted to include time spent in the UK:- on any other visa
- being engaged, engaged-to-be, or intended civil partner
ANCENSTRY IN UK
- Possess citizenship in a member state of the Commonwealth
Age Requirement: You must be 17 years old or older at the time of your scheduled arrival in the UK if you’re seeking for entrance clearance
If you’re asking for permission to stay, you must already have authorization from the UK Ancestry route.
INTRODUCTION
The Ancestry Route may be a good choice if you’re a Commonwealth citizen looking to live and work in the UK. Through this path, people can demonstrate their eligibility by proving that a grandparent of theirs was born in the UK or the British Islands. We’ll provide you information on the prerequisites, qualifications, application procedure, and terms of the ancestry route in this blog article.
Validity Conditions for Obtaining Entry Clearance or Permission to Remain:
It is essential to comply with the following standards in order to guarantee the legitimacy of your application:
- Online Application: Submit your application using the designated online form on the GOV.UK website, which is the official portal for the UK government
- Application Fees: Completely pay the Immigration Health Charge as well as the exact application cost
Biometric Data: Please provide the necessary biometric data.
Passport or similar approved travel document proving your identity and nationality must be presented as a valid travel document.
SUITABILITY CONDITIONS FOR OBTAINING ENTRY CLEARANCE OR PERMISSION TO STAY:
You must show the following in order to be eligible for the Ancestry Route:
- Do not qualify for one of the exclusion or deportation order grounds, non-conducive grounds, criminality grounds, involvement in a fictitious marriage or civil partnership grounds, false representations grounds, etc. that are stated in Part 9 of the denial criteria
- Unless a special circumstance exists, have not violated immigration regulations, or are on immigration bail
ELEGIBILITY REQUIREMENTS:
You must fulfil the requirements listed below in order to be eligible for the Ancestry Route:
- Sufficient UK Ancestry Entry Clearance is required to enter the UK, unless there is a sufficient reason to exercise discretion
- You must be 17 years of age or older to enter
Ancestry Proof: Provide proof that you have a grandparent who was born in the UK or an island (either by blood or through a UK recognised adoption)
Consent for Minors: If you are under 18, get the application, housing arrangements in the UK, and travel to the UK in writing from both of your parents or legal guardians
- Financial Requirement: Prove that you have enough money to maintain yourself and any accompanying family members in the UK on your own, independent of government assistance.
The finances must satisfy the specifications listed in Appendix Finance of the Immigration Rules - Work Intentions: State your intention to look for and accept employment in the UK; employment at the time of application is not required.
REQUIREMENT FOR A TUBERCULOSIS CERTIFICATE:
You must present a current TB certificate if you have spent more than six months residing in a nation on the UK’s list. about the official UK government website, you may find details about making reservations and getting a certificate.
FEES:
The Ancestry Route application is subject to a number of expenses, including as the Home Office fee for entrance clearance or further leave to remain, the NHS premium, and additional payments for optional services. The appropriate government websites are a good place to check these costs.
CONDITIONS TO REMAIN IN THE UK
If given leave to remain in the UK, you will be subject to a number of requirements, such as refraining from using public money, obtaining permission to work (including self-employment and volunteer work), enrolling in courses with the proper permits, and, if necessary, registering with the police.
DEPENDENTS
During your visit to the UK, your children and partner (spouse, civil partner, or unmarried partner) are welcome to join you. They must submit individual applications.
SETTLEMENT
Successful candidates often receive a five-year leave of absence. If you do not fulfil the requirements for settlement after this time, you may apply for an extension rather than settlement (Indefinite Leave to Remain).
ADMINISTRATIVE REVIEW RIGHTS
You are not permitted to appeal if your application is denied. However, if you think there was a mistake during the application process, you can request an administrative review. You can get direction on this from the decision letter or by asking for assistance.
CONCLUSIONS
Understanding the prerequisites, eligibility restrictions, and application procedure can improve your chances of success even if navigating the Ancestry Route might be challenging.
Consult with immigration specialists or seek guidance from appropriate authorities if you need more information or have particular issues. Wishing you success on your travels to the UK!
SETTLEMENT - INDEFINITE LEAVE TO REMAIN (ILR)
ELEGIBILITY CRITERIA FOR ILR:
- Having the necessary amount of time lived there
- showing that you understand the English language well enough
- passing (unless exempt) the Life in the UK exam
- meeting the standards for behaviour and character
- having a visa that is now valid and allows for settling
INTRODUCTION
For many people in the UK, receiving Indefinite Leave to Remain (ILR) marks a critical turning point in their immigration path. They are given unrestricted permission to live and work in the UK. We’ll provide you a thorough overview of the ILR application procedure, eligibility requirements, needed paperwork, and important factors to take into account for a successful application in this blog article.
First, what exactly is Indefinite Leave to Remain?
An immigration status called Indefinite Leave to Remain, often known as Settlement, enables non-UK citizens to live permanently in the UK.
It gives people the freedom to work, use government services, and profit from living a settled life in the nation.
ILR APPLICATION PROCESS
- PREPARATION:
Do a thorough analysis of the requirements and obtain all the paperwork well in advance. Organise the supporting papers you will need, including your proof of residency, your English language competency certification, and any additional materials the Home Office may require
- APPLICATION FORM COMPLETION:
Observe the Home Office’s guidelines and correctly complete the application form. Make sure that the information is accurate and current by paying great attention to the specifics.
- APPLICATION SUBMISSION
You can submit your ILR application using a number of different methods, such as online submission and postal application. Select the option that is most convenient for you, making sure to include the application form, appropriate payments, and any necessary supporting documentation
- APPOINTMENT FOR BIOMETRICS
You might need to go to a biometrics appointment to give your fingerprints and a picture, depending on the application path.
Attend the appointment on time and adhere to the Home Office’s directions. - WAITING FOR A DECISION
You must wait for the Home Office to make a decision after filing your application.
However, you may check the most recent projected processing timeframes on the official Home Office website. Processing times might change.
TIPS AND KEY CONSIDERATIONS:
1. CONSULT A PROFESSIONAL
To ensure that your case is as solid as it can be and that you fulfil all eligibility standards, think about speaking with an immigration lawyer or counsellor. They can help you through the procedure, go through your paperwork, and offer insightful advice and support.
2. DOCUMENT ORGANIZATION:
Keep copies of all the documents you provide in an orderly file. This will enable you to monitor the status of your application and supply any further data that the Home Office might want.
3. FIRST PREPARATION
Long before the deadline, start getting ready for your ILR application. Keep track of the time you spent there, acquire the required proof, and make the appropriate plans.
Early planning can provide a less stressful application procedure and reduce tension at the last minute.
4. UPDATE IMMIGRATION RULES
Keep up with any modifications or changes to UK immigration laws that may affect your ILR application. To stay informed, check the official government websites frequently or speak with an immigration expert.
CONCLUSIONS
A major step towards settling down in the UK is submitting an application for Indefinite Leave to Remain. You can confidently proceed towards settlement by comprehending the qualifying requirements, carefully completing the application process, and consulting professionals as necessary.
Never forget to get an early start, obtain all required paperwork, and keep thorough records. Wishing you success as you work to secure Indefinite Leave to Remain.
Consult with immigration specialists or seek guidance from appropriate authorities if you need more information or have particular issues. Wishing you success on your travels to the UK!
PRIVATE LIFE AND HUMAN RIGHTS
EXCEPTIONAL CIRCUMSTANCES AND DISCRETION:
The Home Office assesses exceptional circumstances on a case-by-case basis.
They consider factors such as the impact on you and your family members, ties to the UK, health conditions, concerns about returning to your home country, and compliance with obligations under Articles 2, 3, and 8 of the ECHR.
It is crucial to present a strong case highlighting the potential adverse effects of refusal on your human rights.
INTRODUCTION
To make an informed decision about whether to apply for leave to stay in the UK based on your private life and human rights, you must be aware of the prerequisites, the application procedure, the fees, and the possible results. You may use the tips in this blog article to successfully complete the application process and make wise judgements.
REQUIREMENTS:
You must fulfil a number of requirements in order to be eligible for leave to stay based on your private life, including:
1) 20 years of continuous residency in the UK
2) Seven years or more of residence in the UK as a child
3) Impossible barriers to returning to your home country
4) If you are under 24, you must live in the UK for half of your life
5) Circumstances that are exceptional and not covered by immigration laws; 6) rights protected by Article 8 of the ECHR.
PRICE OF THE APPLICATION
The current Home Office application cost is £1048. Additionally, there is a £19.20 fingerprint cost and a £1560 NHS Surcharge fee (refunded if the application is denied). The cost of early appointments can increase. Legal costs will be charged separately if you need help with your application; the amount depends on your situation and the complexity of your case.
TIMESCALES
Simple cases are often resolved in six months, while complicated ones might take longer. If your application has been pending for more than a year, getting guidance on how to resolve the issue is advised.
APPLICATION PROCESS
Online submission of the leave to remain application and electronic file uploads are required. After your application has been submitted, you will need to show up for a scheduled appointment for fingerprinting and photography.
FEE EXEMPTION
A fee exemption can be available to you if you can prove that you don’t have any income or access to finances. Your request for a fee waiver may be supported by providing bank statements, proof of your income and expenses, letters of support from close friends and family members who have been helping you, and financial records.
YOUR STATUS THROUGHOUT THE APPLICATION
You won’t be allowed to travel, work, or conduct business while your application is being processed unless you already received authorization to do so. You could have to pay for NHS care if you aren’t exempt. You might need to report to the Home Office if you didn’t have any immigration status at the time you applied.
INTERVIEW
If there are any questions about your motivations for staying in the UK, the Home Office may ask you to attend an interview discussing your application and may ask your partner to have a separate interview.
THE APPLICATION’S RESULT:
CLAIM FOR PRE-ACTION PROTOCOL
WHAT IT IS MEANT FOR
In immigration proceedings, the Pre-Action Protocol’s main goal is to encourage dialogue, openness, and a just distribution of blame. It enables people or their legal representatives to have organised conversations with the Home Office prior to starting official judicial review procedures.
INTRODUCTION
Understanding the Pre-Action Protocol procedure is crucial when dealing with immigration issues. This procedure creates a framework for resolving conflicts or contesting Home Office judgements in immigration situations. This blog article will give a general overview of the Pre-Action Protocol, including its goals, procedures, and important factors to take into account when contesting Home Office immigration decisions.
WHAT IS IT?
The Pre-Action Protocol is a collection of rules and processes intended to promote early conflict settlement instead of turning to formal legal action.
It applies to a variety of legal situations, including immigration proceedings when Home Office rulings are contested.
PRE-ACTION PROTOCOLO PROCESS STEPS
2. LETTER OF PRE-ACTION
Sending a Pre-Action Letter to the Home Office is the initial action in the procedure. This letter summarises your worries, the justifications for your objections to the decision, and the intended result.
It should include a concise explanation of the pertinent facts, supporting documentation, and pertinent legal arguments.
4. RESOLUTION & NEGOTIATION
1. CONSULT A LAWYER
It is important to speak with an immigration lawyer or advisor before starting the Pre-Action Protocol procedure so they can evaluate your case’s merits, go over the Home Office’s judgement, and walk you through the protocol’s criteria.
3. THE HOME OFFICE’S RESPONSE
The Home Office has a certain amount of time after receiving the Pre-Action Letter to reply.
They could respond by confirming receipt of the letter, offering further details, or announcing a changed decision.
ASYLUM
We will also represent you at the appeal stage also including:
- develop your appeal’s grounds
- formally file your appeal for proper reasons
- preliminary witness statements
- create a basic argument
- do a thorough investigation into your asylum request
- make a package for the Tribunal
- represent you during the hearing on the appeal
DETENTION WORK
We will be able to help you immediately if you or a family member is detained as part of the Detained Asylum Casework (DAC) procedure. We can schedule a meeting with the jail facility to ask for your approval and go through your case. We shall then convey your case to the Home Office in our correspondence.
ASYLUM
Any component of an application for asylum or protection under the law may be helped by Berkshire Law Chamber Lawyers. We will initially solicit your instructions before assisting you with the following aspects of the asylum process:
- The interview for screening
- If you give us special instructions, we may also accompany you to the substantive interview to act as your representative and ensure that the interview is handled legally and that the proper notes have been taken to prevent credibility concerns
- After your interview, have further arguments made for you, including research into your asylum application and reports from your place of origin
- provide you with advice about an asylum decision and carry out a merits analysis in the event of a rejection
ADMINISTRATIVE REVIEW
APPLICATION METHODOLOGY
Applications for administrative reviews are submitted online. Given your permission to submit this application, you will be regarded as being a legal resident of the UK throughout the review process.
Making a new application while the administrative review is ongoing will be seen as a withdrawal of the review application, it is vital to remember.
YOU CAN REPORT THE FOLLOWING ERROR TYPE:
1) Wrong first judgement.
2) rejecting an application because it was submitted beyond the deadline.
3) Improper application of immigration laws.
4) Failure to follow the established policy and instructions of the Secretary of State.
5) Calculation errors can result in incorrect immigration leave durations or conditions.
INTRODUCTION
It can be demoralising to learn that the Home Office has denied your request for entry or permission to stay in the UK. It’s crucial to be aware that you could have the option of appealing this choice through an administrative review. This blog article offers useful details on administrative reviews, such as the application procedure, categories of faults that may be brought up, costs, and chances of success.
DEADLINE FOR APPLYING
You have 14 days to submit an administrative review application if the decision relates to an in-country application. The deadline is 28 calendar days for applications for entrance clearance from outside the UK.
Following these deadlines is essential if you want your application to be taken into account.
ERRORS TO BE REVIEWD FOR
An administrative review is meant to fix mistakes that caseworkers at the Home Office made when making decisions. It is not the goal of the review to take into account modifications to your situation following the judgement
EXEMPTIONS AND APPLICATION FEE
An administrative review application costs £80, which is payable online (excluding expenses for legal help). Dependents are not charged any extra.
If you were excused from paying a visa application fee or if you previously requested administrative review for the same application, which resulted in the upholding of the first decision, exemptions apply.
Fee exemptions may also be given in certain cases.
CONCLUSIONS
You can appeal a Home Office decision you think is flawed by submitting an administrative review application.
It’s crucial to meet application deadlines, point out legitimate problems, and think about getting legal advice. Although victory is not assured, making a compelling argument might improve your chances of getting the judgement overturned and getting the required entry or stay permit in the UK.
EXAMINING REFUSALS OF CREDIBILITY
You can request an administrative review if you believe the initial caseworker misjudged your credibility. The caseworker’s analysis, any performed interviews, and the information provided with the application are all taken into account by the Home Office.
The evaluation focuses on determining whether it is more probable than not that the initial determination of credibility was accurate in light of the available information and evidence.
Instead of reversing the judgement, the review examines whether the laws and regulations were appropriately followed.
POSSIBILITIES FOR SUCCESS
The key to winning an administrative review is proving that the caseworker made a mistake when processing the application. It is essential to present strong proof of the inaccuracy.
However, your prospects of success may be lowered if your application depends on fresh information or fails to demonstrate a casework mistake.
THE FIRST-TIER AND UPPER TRIBUNALS APPEALS
INTRODUCTION
It may be stressful and demoralising to deal with an immigration judgement that is against your interests. It’s crucial to keep in mind that you have the option to challenge such judgements. This blog article will examine the appeals process for immigration decisions, including useful details on the procedures, justifications, deadlines, and possible results.
CLARIFYING THE APPEALS PROCEDURE
1. DECISION NOTICE
The first thing you should do after receiving a negative immigration decision is to carefully read the decision notification.
The reasons for the rejection will be outlined in this paper, along with any appeal rights you may have.
3. APPEAL GROUNDS
To successfully file an appeal, you must come up with solid grounds to contest the ruling. Below are typical grounds for appeal:
i) Errors in Law: If you think the decision-maker violated the law or misapplied the pertinent immigration regulations, you may appeal on this ground.
ii) Procedural Errors: Any irregularities in the way a decision was made or a failure to follow the correct procedures are grounds for appeal.
iii) Human Rights Violations: You may appeal a judgement on the basis of human rights considerations if you feel it violates your human rights as guaranteed by international law or the nation’s constitution.
vi) New Evidence: If you have new information that wasn’t known when the initial decision was made, it might help your appeal. It’s crucial to ascertain any limitations on introducing fresh evidence during the appeals process.
2. TIMEFRAMES
Typically, there are strict deadlines for filing an appeal. For instance, in the UK, the normal window is 14 calendar days beginning on the day the decision notification was received.
In order for your appeal to be taken into consideration, you must move quickly.
4. APPELLATE BODY
An independent appellate authority, like the First-tier Tribunal or the Upper Tribunal in the UK, is normally in charge of the appeals procedure.
These organisations are in charge of examining the first judgement and determining the appeal’s viability.
5. HEARING OF APPEAL
There will frequently be a scheduled appeal hearing where you may make your case. Oral testimony, witness testimonies, and legal arguments can all be required for this.
To assist you in properly preparing and presenting your case, it is important to acquire legal assistance.
6. APPEAL DECISION
The appellate panel will decide on the appeal after the hearing. They might decide to uphold the original judgement, reverse it, or that a new judgement be rendered. Usually, the decision and the justification behind it are communicated in writing.
POTENTIAL RESULTS:
1. APPEAL IS A TOTAL SUCCESS:
The immigration judgement will be overturned if your appeal is successful, and you could be given the desired immigration status or benefit.
2. APPEAL IS A PARTIAL SUCCESS:
The appellate body may occasionally amend some parts of the judgement while partially upholding others.
This can result in a judgement that is changed to be more advantageous to your circumstances.
3. APPEAL IS UNSECCESSFUL:
In the event that your appeal is denied, the first judgement will remain.
You could still have choices, though, including getting further legal counsel or looking into other immigration possibilities.
CONCLUSIONS:
An essential method for contesting unfavourable results is to appeal an immigration judgement. You may take control of this difficult trip by comprehending the appeals procedure, establishing strong grounds for appeal, and hiring counsel.
Even though victory is never assured, a carefully planned and persuasive appeal may result in a positive result and put an end to your immigration worries.
DIRECTIVE FOR SUBMISSIONING ACCESS REQUESTS TO THE HOME OFFICE
1. WHAT’S SAR (SUBJECT ACCESS REQUEST)?
An individual may legally request a copy of their personal data kept by an organisation by submitting a subject access request, which is a legal right afforded to people under data protection legislation. Making a SAR in the Home Office’s context gives you access to the data they have on you in regard to your immigration-related issues.
Making a new application while the administrative review is ongoing will be seen as a withdrawal of the review application, it is vital to remember.
REQUESTING SAR FROM HOME
INTRODUCTION
Individuals have the right to access and manage their personal information in a society that is becoming more data-driven. Understanding how to exercise your rights through a Subject Access Request (SAR) is crucial if you have dealt with the Home Office on immigration-related issues. We will discuss what a SAR is, why it is significant, how to submit a request to the Home Office, and what to anticipate from the procedure in this blog article.
2. THE IMPORTANCE OF SAR
By guaranteeing accountability and openness, SARs provide people the power to take charge of their personal information. You can evaluate the data the Home Office has, confirm its correctness, and find any potential problems or anomalies by sending a SAR to them.
2. PROOF OF IDENTY
The Home Office may ask you for identification documentation in order to protect the security and confidentiality of personal data.
You can do this by sending a copy of your passport, driver’s licence, or another legitimate form of identification.
DURATION AND ANSWERS
Organisations are typically expected to reply to SARs within one month of receipt under data protection legislation. If the Home Office is unable to comply entirely or partially, they must give you a response that contains the necessary information or an explanation.
1. SAR SUBMISSION
To submit a SAR to the Home Office, take the following actions:
- Write out your request and specify that it is a SAR according to the applicable data privacy law (such as the General Data privacy Regulation, or GDPR).
- Include your entire name, address, and any pertinent reference numbers, such as a case or Home Office reference, as well as your contact information.
- Please be as specific as you can when requesting information about a time frame in order to help us focus our search.
- Indicate if you would want to receive the material in physical or electronic form.
2. CONCLUSIONS
A useful option for anyone looking to understand and exert control over their personal data in regard to immigration issues is submitting a Subject Access Request to the Home Office.
You may obtain insight into your interactions with the Home Office, confirm the accuracy of the information, and resolve any problems or inconsistencies that may occur by following the correct procedures, offering the relevant identification, and comprehending the response process.
Keep in mind that information is power, and that asserting your right to access your personal information gives you more control over the immigration process.
1. CONTENT COVERED
You have access to a variety of personal records kept by the Home Office through the SAR, including application forms, correspondence, decision letters, interview transcripts, and other pertinent papers.
2. EXEMPTIONS AND REDACTIONS
In some instances, if specific information qualifies for an exemption under data protection or immigration law, the Home Office may redact or withhold it.
However, they must give a justification for any omissions or redactions that were done.
3. CONTESTING THE ANSWER
You have the right to file a complaint with the material Commissioner’s Office (ICO) or seek legal counsel to explore other alternatives if you think the Home Office has not fully complied with your SAR or have concerns about the material given.