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Showing posts from October, 2021

UK Dependent Visas

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Individuals and corporations can seek professional immigration legal help from Chauhan Solicitors. Our business, which is based in London but serves customers from all across the UK and beyond, has earned a reputation for offering best-in-class legal services. Our firm's culture is strongly ingrained with core principles such as honesty, passion, credibility, ongoing investment in professional growth, and great customer care. Our success stories and client evaluations reflect our dedication to providing high-quality legal advice and personalised client service. Chauhan Solicitors is an SRA-regulated practise that takes its responsibilities very seriously. We provide a tailored answer to the needs of the professionals who instruct us, some of them are extremely distressed owing to immigration issues. We work quickly, gathering facts, evaluating the strengths and weaknesses of an application or refusal, and then providing correct counsel and skilled representation. Our priority is to...

Can children and parents apply to stay beyond seven years?

 From the perspective of a child, seven years in the UK can feel like an eternity. It may be the totality of the child's experiences , and the UK could be the only home they've ever known in any meaningful way. Furthermore, children are not allowed to make their own decisions regarding shifting homes or nations. To put it another way, while adults make educated decisions about where to live, children must deal with the consequences of others' decisions. The Immigration Rules provide that a kid may be granted permission to stay based on their Article 8 right to a private life if the following conditions are met: They are under the age of 18. They have been in the UK for at least seven years (discounting any periods of imprisonment) It would be unreasonable to expect them to leave the UK. Where the parents have no separate right to remain in the UK under the Immigration Rules — which is practically all of these seven-year cases — the Home Office almost invariably concludes th...

Can an immigration decision be postponed while a criminal investigation is ongoing?

 The Court of Appeal considered this issue in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ 1480. The court determined, with certain limitations, that the answer is "yes." Objection to a five-year postponement pending a fraud inquiry In April 2017, a family applied to extend their licence via the Tier 1 (Entrepreneur) method. HM Revenue and Customs initiated a criminal investigation against the principal applicant, Mr X, shortly before they lodged the applications. He and 12 others were accused of being involved in a tax evasion scheme. Mr. X was arrested but not prosecuted, and he was released on bond while the inquiry was ongoing in 2016. It was especially complicated, with HMRC seizing over 800 pieces of evidence and getting information on over 100 bank accounts. Litigation regarding the legitimacy of the search warrants used to gather most of the material added to the delays. The investigation was still underway at the time of the Court of...

Confirmed: The Home Office has the authority to disregard human rights complaints.

 The long-awaited decision in MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500 has been issued by the Court of Appeal. Unfortunately, it confirms that the Home Office has the authority to refuse to deal with a human rights application for permission to remain in the UK that is not filed using the prescribed form or process. As a result, the applicant has no right of appeal. Background information about human rights and appeals MY requested indefinite leave to remain as a victim of domestic violence. The Home Office does not regard such applications to be human rights claims in and of themselves. If a human rights claim is denied, the applicant has the opportunity to appeal; other immigration applications do not. This implies that if their claim for indefinite leave as a victim of domestic abuse is denied, they will normally only have an administrative review. MY used his application to argue that he would be unable to return to Pakistan, which consti...

How does the Home Office evaluate sexual identity in asylum claims?

 People seeking asylum based on their sexual orientation, including homosexuality and bisexuality, may be members of a "particular social group" eligible for refugee protection under the Refugee Convention . Part of the Home Office caseworker's role in deciding whether to accept an asylum application is to analyse the person's overall trustworthiness. This involves determining whether the candidate is speaking the truth about their sexual orientation, which is often challenging. Sexual orientation is a highly personal and subjective thing that manifests itself in a wide range of experiences. This essay examines the criteria used by the Home Office to evaluate it in the hopes of casting some light on the process. Because claims based on gender identity are subject to different policies and processes, trans and intersex claims are not addressed in this piece. "Shame, embarrassment, and concealment" Caseworkers are instructed by the Home Office to seek for evi...

How much does it cost to sponsor someone for a work visa in the United Kingdom?

 It is not cheap to sponsor a foreign worker. Visa application costs and taxes can cost thousands of pounds. Since the United Kingdom's exit from the European Union, the expenses of sponsorship have also applied to firms seeking to hire EU workers under the Points-Based Immigration System . Some fees are charged directly on the company, while others are levied directly on the worker seeking for the visa. Many employers cover them completely rather than requiring the employee to pay large sums out of their own pocket. This page explains the various fees associated with a normal work visa application. It equates to slightly about £7,000 in the precise case study we employ. All of the figures mentioned can be found on. The price of a sponsor licence When an organisation applies for a sponsor licence, the Home Office imposes one of the following fees: If the organisation is a charity or a small company, the donation is £536; for large sponsors, the donation is £1,476. The official gui...

The United Kingdom protects the rights of millions of EU citizens.

According to new data, there will be 6 million applications to the EU Settlement Scheme by 30 June 2021, safeguarding the rights of EU nationals in the UK. More than 6 million applications were submitted to the EU Settlement Scheme before the deadline of 30 June, indicating an incredible success in maintaining the rights of EU citizens in the UK. According to data released today (Friday, July 2), there were 6.02 million applications to the programme by 30 June, with 5.1 million granted status. More than 5.3 million applications have been received from England, 291,200 from Scotland, 98,600 from Wales, and 98,400 from Northern Ireland. The increase in applications, which included over 400,000 in June alone, means that there are over 570,000 pending applications.  The administration has consistently told those who applied before the deadline that their rights will be preserved until their case is considered, as required by law, and that they will have the ability to show their prote...

Student visas

To study in the United Kingdom, most international students require a student visa. It's simple to find out if you need a visa to study by visiting GOV.UK . Your student visa will allow you to live and study in the United Kingdom for the duration of your programme. You can learn more about your visa application if you attend a pre-departure briefing in your home country. The British Council organises pre-departure briefings in a number of countries. Go to the British Council website and choose your nation from the drop-down menu to learn more about these events in your own country. Student visa classifications  VISA FOR STUDENT (previously Tier 4 visa) If you are 16 or older and want to study at a higher level, you must apply for a student visa via the Student Route. The Tier 4 Route has been replaced with the Student Route starting of October 5, 2020. The Student Route is part of the United Kingdom's new points-based immigration system. Visas issued under the Tier 4 Route rem...

The simple way to obtain a UK spouse or partner visa

 A British citizen or a UK resident with the right to live and work in the UK may seek to bring their partner or spouse to the country. Visas are available for persons who are married to (or in a relationship with) a British citizen, an EU national, or a non-EU national. Visa for a settled person's family These visas are formally known as "family of a settled person" visas, and they make it reasonably straightforward for British nationals' partners or wives to join them in the UK. There are a variety of partnerships that qualify in this aspect, so don't be discouraged from exploring your alternatives because your relationship is unconventional. You can work in the UK without limits if you have a spouse or partner visa. You can apply for this visa if you are married to a British citizen or someone with the right to reside and work in the UK (i.e. a person who holds a valid visa, Indefinite Leave to Remain [ILR] or right of abode). You can initially reside and wor...

Obtaining a visa for your partner to live in the United Kingdom

 This advise is applicable to the United Kingdom. Advice for Northern Ireland , Scotland, and Wales can be found here. If you want your husband, wife, or partner to join you in the UK, they may need to obtain a visa, depending on where you are from. If you are a citizen of the European Union, Norway, Switzerland, Iceland, or Liechtenstein, If you arrived in the UK before December 31, 2020, your partner may be able to apply to the EU Settlement Scheme for pre-settled or settled status. It's less expensive and less time-consuming than applying for a visa. Even if your partner was not in the UK on December 31, 2020, they may be able to apply for the EU Settlement Scheme. You can find out if your partner is eligible for the EU Settlement Scheme. If you're unsure, go to GOV.UK and look up which nations are part of the EU and EEA. You are a Northern Irish citizen if you were born in Northern Ireland. Your partner may be able to apply for pre-settled or settled status through the EU ...

There is no 180 day a year rule for visitors to the UK

 One of the most popular UK immigration fallacies is that UK visit visa holders can only stay for 180 days per year (or six months in a year). This notion has been spread not only by migrants, but also by consultants and UK Border Force personnel. In actuality, no such rule exists. The urban legend The widely held assumption is that a non-EEA national visitor to the UK can spend no more than six months out of any twelve months inside the UK, or no more than 180 days each year. For example, if a visitor spends three months in the UK between January and March, then returns in the summer with a fresh visit visa, they will only have three months "remain" in the UK for the year - even though the new visa allows them to stay for six months. As with other myths, the version of this storey varies, with some believing that the six-month limit runs from January to December and "resets" each calendar year, while others believe it is based on a rolling 12-month period. I'...

UK Visa Requirements

The relevant UK authorities make a decision on your visa application, which is mostly based on the requisite UK visa documents. There are certain documents necessary for each UK visa . You must gather all of these documents depending on the sort of visa you are seeking for. Then, on the day of your interview, you must submit them. Check that the required documents for the UK visa you are seeking for meet the standards established by the UK Home Office. What Documents Are Necessary for a UK Visa? To apply for a UK visa, you must submit the following documents: Application form for a UK visa. Depending on the type of UK visa you are applying for, you may be required to fill out an online form at the Visa4UK website or a paper application form. There are two photos. These images must have been taken within the last six months and must be in colour. Your current passport. It must be valid for at least three months beyond the date you intend to leave the UK at the end of your trip. It must ...

How does the new UK points-based immigration system work?

 Staff shortages in the food industry and among HGV drivers have prompted the government to consider changing the immigration system to allow more workers to enter the country. Since the beginning of 2021, European Union (EU) individuals who are not already residents of the United Kingdom have been treated in the same manner as those from the rest of the globe. It means that anyone wishing to live and work in the United Kingdom must apply using a points-based system. According to Environment Secretary George Eustice, the government is looking at whether adjustments to the Seasonal Agricultural Workers' Scheme (SAWS) could be made. SAWS is a quota-based scheme that permits farmers to hire workers from overseas to work for up to six months in a specific job. Why has immigration to the United Kingdom changed? People from EU countries enjoyed an automatic right to work in the UK when the UK was a member of the EU. Taking back control of immigration was a major topic of the Leave camp...

Getting a visa for your partner to live in the UK

 This advise is applicable to the United Kingdom. Advice for Northern Ireland, Scotland, and Wales can be found here. If you want your husband, wife, or partner to join you in the UK, they may need to obtain a visa, depending on where you are from. If your partner is one of the following, they can apply for a family visa to come and live with you: your husband, wife, civil partner, planned civil partner, or fiancé(e) your partner with whom you have shared a home for at least two years They will only be able to apply for a family visa if you have one of the following: British nationality indefinite leave to remain or right of abode refugee or humanitarian protection established status under the EU Settlement Scheme If you have a pre-determined status, Your partner may be eligible for a family visa. Before they apply for a family visa, see if your partner may apply for the EU Settlement Scheme, which is simpler and less expensive than filing for a family visa. If you arrived in the U...

UK Visa and Immigration

 The United Kingdom is one of the most popular immigration destinations in the world for people looking to live and work in a new country.  However, the immigration system in the United Kingdom is limited. Following the outcome of the EU referendum on June 23, 2016, and the decision to exit the EU, the UK visa system has undergone further adjustments. The UK Innovator visa and UK Start-Up visa schemes were recently created. In many situations, you must apply through the UK tier points-based immigration system, which assesses applicants against a variety of factors to determine their eligibility for a UK work or study visa.  The majority of work-related visa applications, such as the Tier 2 visa programme, and Tier 4 study visa applications are accepted. Since 2010, the UK government has implemented a number of changes to UK immigration legislation in attempt to restrict immigration to the UK, particularly from countries outside the EEA. Please visit the links below for m...

Coronavirus and the UK immigration system

 This is where we track changes to UK immigration laws , rules, and processes as a result of the coronavirus pandemic. We've tried to maintain this piece up to date rather than discussing new coronavirus breakthroughs in separate blog posts that could quickly become out of date. NEW or UPDATED refers to content that has been added or updated from one version of this post to the next. Any changes since the publishing date (listed on the top right) will not be reflected in the article. We were updating this page every couple of days for a time, but things are starting to settle down, so updates are becoming less frequent. In the meantime, you can keep a watch on the Home Office's and Judicial Office's now-hefty collections of coronavirus guidance. Even now, the main advisory page, Coronavirus (COVID-19): advise for UK visa applicants and temporary UK residents, is routinely updated with no mention of how the policy has changed. Use the National Archives snapshots to see what...

IELTS used for UK Visa Applications

 Which IELTS test do I need to take if I want to apply for a UK visa? The UK Home Office's list of Secure English Language Tests (also known as SELT tests) specifies the English language qualification(s) required for each category of visa application to the UK. This list includes IELTS and IELTS Life Skills. Use the UK Government visa checklist to determine whether you must take an approved test, what level you must obtain, and which test you can take. Tier 4 Student Visa (without a presessional) People applying for a Tier 4 Student Visa to study for a bachelor's or postgraduate degree at a Tier 4 Sponsor university must meet the English language level of the institution. All British universities and institutions recognise IELTS results. Tier 4 Student Visa applicants can apply to the UK colleges listed below with an IELTS score from any of the more than 1,600 IELTS test centres worldwide, unless the institution has additional requirements. UKVI requirements for healthcare wor...

UK Visa - Types and Information

 A UK visa is the document that grants international citizens the permission to enter, stay temporarily, or live permanently on British soil. A visa is typically a stamp in your passport or a document issued by a UK consulate or embassy in your country of residency. If you are granted a visa, it implies that you are qualified to visit the United Kingdom and that you meet the requirements of the visa that you have been granted. People apply for a UK visa for a variety of reasons, including: Working and conducting business To learn about short-term stays and tourism to join family members who are already in the United Kingdom To go from one country to another via the United Kingdom to live indefinitely As a refugee or as someone in need of humanitarian assistance As a stateless individual As someone who need authorization to remain, Who Needs a Visa to Enter the United Kingdom? Citizens of the European Economic Area , Switzerland, and Commonwealth countries do not need to apply for ...

SET (M) Application | ILR As A Spouse (5 Years Route)

 Once you have completed 5 years in the UK with a spouse visa via the 5 years route, you can apply for ILR as a spouse using the SET (M) application form online. The Home Office UKVI will evaluate the application in accordance with the requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. Our skilled team of spouse visa solicitors in London, Manchester, and Birmingham specialises in 5 year spouse visa ILR applications. We have successfully assisted thousands of clients with their spouse visa ILR applications over the last five years. Our highly experienced spouse visa solicitors can offer quick, friendly, dependable, and fixed-fee immigration services. What are the eligibility requirements for ILR as a spouse under the 5-year route? The application will be reviewed in accordance with the Immigration Rules, as outlined in Appendix FM of the Immigration Rules To be successful in the ILR application as a spouse under the 5 year route, the applicant...

Visa decision waiting times: applications inside the UK

 It is strongly advised that you do not book any trip before applying or before a decision is made on your application. We will only repay you if we have not begun processing your application. When the waiting time for your application begins and ends The waiting period begins when you submit your online application and ends when you receive a letter or email with a decision. You'll need to do one of the following as part of the application process: Make an appointment to submit your fingerprints and a photograph (biometric information) at a UK Visa and Citizenship Application Services (UKVCAS) centre, Service and Support Centre (SSC) Using the UK Immigration: ID Check app, you may verify your identity and submit your papers. We'll let you know if you can utilise this. The Graduate visa application waiting period begins once you have applied online and either attended your appointment at a visa service centre or submitted your documentation using the ID Check app. When you re...