Immigration

Immigration:

1. Our services Our solicitor can provide bespoke advice depending on the facts and circumstances of your case.  A list of immigration matters we can help you with are listed below however  please note the list is a non exhaustive list:
   • Personal immigration including seeking to enter the UK for work, study or family
   • Business immigration including investment visas, business visas, short term work visas, entrepreneur visas
   • Student visa
   • Visitor visa
   • Further leave to remain
   • Naturalisation
   • Indefinite leave to remain
   • Work visa
   • Immigration appeals
   • Many more

    

   Key stages

   The stages of your case will vary depending on your case, facts and circumstances. However, some of the keys stages depending on your case could be:

   • Preparing and submitting the initial application
   • Appealing to the first tier tribunal
   • Make an application for permission to appeal to the first tier tribunal
   • Make an application for permission to appeal to the upper tribunal

    

   Timescales

   The timescale to receive to decision will vary depending on the facts and circumstances. After submitting the initial application it could take 1 – 6 months to receive a decision. After, if  your application is refused you can appeal to the first tier tribunal which could take 6 -8 months to receive a decisions after filling the appeal. In case, your appeal is refused then an application for  permission to appeal to the first tribunal can be made which can normally takes 14 days from the date of decision if made within the UK and 28 days if made  outside the UK. Further, if permission to appeal to the first tribunal is not successful then you could make an application for permission to appeal to the Upper Tribunal which could normally take 14 days from the date of decision if made within the UK and 28 days if made  outside the UK

Article 8 claims

The amended Immigration Rules will for the first time set out the requirements that all types of case raising Article 8 must satisfy in order to establish an Article 8 claim. In the past applicants were granted discretionary leave in two 3 year periods. This will no longer be the case. Applicants will be granted 30 months period for 10 continuous years.

7 years/Private Life

From 09 July 2012, a person may be eligible to have the right of stay or leave to remain in the UK showing a private life here in the UK.

The ’14 year rule’ is abolished on 09 July 2012 when the new Immigration Rules come into effect.

Now, in order to be eligible to apply for leave to remain on the basis of private life in the UK, the Immigration Rules will instead require the applicant to have:
·         At least 20 years’ continuous residence in the UK (lawful or unlawful), discounting
any periods of imprisonment, and subject to the criminality thresholds; or
·         Be under the age of 18 and have continuously resided in the UK for at least seven years; or
·         Be aged 18 or over but under 25, and have spent at least half their life continuously residing in the UK; or
·         Be aged 18 or over, have continuously resided in the UK for less than 20 years, but have no social, cultural or family ties with their country of origin.

Those who already apply or are granted entry or leave to remain in this category

Applicants (spouses, children or dependants) who have entered the UK in this category already or who apply for entry clearance before 9th July will not be affected except with regard to the requirement to pass the higher English test (i.e. the Life in the UK test as well
as a test at B1) from October 2013

Requirements for indefinite leave to remain on the grounds of private life in the UK
The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
·         the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months;
·          the applicant has no unspent convictions;
·         the applicant has sufficient knowledge of the English language and
sufficient knowledge about life in the UK unless the applicant is under the age of 18 or aged 65 or over at the time the applicant makes the application; and
·         there are no reasons why it would be undesirable to grant the applicant indefinite leave to remain based on the applicant’s conduct, character or associations or because the applicant represents a threat to national security.

Dependent Relatives
Adult and elderly dependents who want to settle in the UK have to be related to a person present and settled in the United Kingdom in one of the following ways:
·         parent or grandparent who is divorced, widowed, single or separated aged 65 years or over; or
·         parents or grandparents travelling together of whom at least one is aged 65 or over; or
·         a parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but cannot look to the spouse, civil partner or children of that second relationship for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or civil partner or child of the second relationship who would be admissible as a dependent; or 
·         parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances; or
·         parents or grandparents travelling together who are both under the age of 65 if living in the most exceptional compassionate circumstances; or
·         the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances; and
·          is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
·         is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and
·         can, and will, be accommodated adequately, together with any dependents, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and
·         can, and will, be maintained adequately, together with any dependents, without recourse to public funds; and
·         has no other close relatives in his own country to whom he could turn for financial support; and
·         if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity; and
·         However after 09 July 2012, adult and elderly dependents who wish to settle in the UK will only be allowed where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK. And
·         They will only be able to apply from overseas rather than switching in the UK from another category such as a visitor.

·         Evidence of the family relationship between the applicant(s) and the sponsor should take the form of birth or adoption certificates, or other documentary evidence:
·          Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care should take the form of:
·         Medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks; and
·          This must be from a doctor or other health professional.
·         Evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:
·         a central or local health authority;
·         a local authority; or
·          a doctor or other health professional.
·         If the applicant’s required care has previously been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available.

 Appeals

We are able to assist clients through the different stages of appeals. For example, if your appeal was dismissed at first tier tribunal, we can assist with the permission to appeal to the First tier and Upper tier Tribunal.

We have experience of dealing with all types of applications and appeals. Whether you are an individual coming to the UK to work, study, settle, or want to switch your current status, Immigration Chambers can guide you safely through the complexities of immigration law. We are able to advise you whether you have right of abode in the UK as well as provide assistance to domestic violence victims who are under immigration control.

We have had quite a few cases which we successfully applied and appealed that involved disabled people’s family members/spouse.

Also, there have been rapid and continued changes in student visas which is affecting many students. We are able to deal with complex cases involving students. We keep abreast of these changes on a day to day basis in order to provide our clients with high standard of service which we believe they deserve.

UK immigration law is such that it changes rapidly and frequently. As a result, many people are not aware that their particular circumstances can be resolved through various means that may not always be limited to immigration rules. If there are ambiguities in the immigration rules, Judges often clarifies the ambiguity in reported decisions or Court of Appeal decisions which we can use in favour of our clients.

If you do not see what you are looking for, or if you require further information on whether we can assist with your application, please contact us.