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Other Visitors

In addition to visiting the UK as a general visitor, student visitor or a business visitor, there are other options available for those who wish to visit the UK short term for a specific purpose. Our expert team of lawyers can assist you with the preparation of your visa application and ensure that you meet with all the requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office.

Family Visitors

The Family Visitor visa is for nationals outside the EEA and Switzerland and are intending on visiting family in the UK. It is possible for family members settled in the UK to sponsor your visit. Entry clearance is mandatory only for visa nationals as non-visa nationals are granted leave to enter as General Visitors upon arrival at a UK port. To come to the UK as a family visitor, you must be able to show that you are visiting the following:

  • Spouse, civil partner, father, mother, son, daughter, brother or sister;
  • Grandfather, grandmother, grandson or granddaughter;
  • Spouse or civil partner’s father, mother, brother or sister;
  • Son or daughter’s spouse or civil partner;
  • Stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister; or
  • A person you have been living with in a genuine and subsisting relationship akin to marriage/civil partnership for at least 2 years before the day you apply.

Medical Visitors

Private Medical Treatment Visas are suitable for those who wish to travel to the UK for a short time to receive treatment for a medical condition (you cannot receive treatment from the National Health Service). The UK has some of the highest quality health care in the world and the government is aware that medical provisions in the UK may be more advanced or suitable for individuals from other countries. This visa is only for those travelling to the UK for the sole purposes of receiving medical treatment and care so will not be suitable if you intend on visiting the UK for other purposes.

Prospective Entrepreneurs

The Prospective Entrepreneur Visa category is for those who are coming to the UK to secure funding to set up a UK business. This visa may be suitable if you are in discussion with venture capitalists or UK governments to join, set up or take over and be actively involved in the running of a business in the UK. You will be granted a visa to the UK for a maximum 6 months so that you can secure funding to meet the financial criteria for a Tier 1 Entrepreneur visa under the points based system.

Why we provide the best legal advice in relation to a Visit Visa:

We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also as a professional organisation our policy is not to employ sales staff to give you “advice” (all our telephone consultations are handled by lawyers). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made.

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist your with your applications for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.

Contact us for successful Visit Visa application

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.

Judicial Review

Judicial review is the legal process that allows a person to challenge the lawfulness of a decision, action or failure to act of a public entity such as the UK board Agency or the Home Office.   An applicant has to seek leave of the court by showing that he has an arguable case against his deportation with some prospect of success. To succeed, there has to be some irregularity in the UKBA authority to granting the said person deportation.

Challenging the Home Office’s Immigration Decision

If your application for leave to remain has been refused and you have not been granted a right of appeal against that decision, you may be able to challenge the decision by way of judicial review within 90 days from the date of the refusal letter.

How we can help with the judicial review process?

Our network of Immigration Solicitors in London can offer legal immigration representation for all complex immigration cases. If you have been detained and have been served with a deportation order, contact us so we can review your case and assess the possibility of judicial review the Home Secretary’s decision to deport you.

What is judicial review?

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made.

Can you appeal a judicial review decision?

If you disagree with the decision, you may be able to ask the court for permission to appeal. You have to do this at the hearing. If you’re turned down you can still apply to the higher court for permission. You can’t apply if you’re refused permission to appeal against a judicial review decision.

How long does a judicial review take?

Judicial review requires permission from the Court. One of the most important requirements is that the application for permission for judicial review has to be made within the time limits set by the Court rules.

From 1 July 2013, all planning cases must be started within 6 weeks from the date of the decision.  For non-planning cases, the time limit is up to 3 months.  The time limits are strictly applied.

 

 

Why we provide the best legal advice in relation to your potential Judicial Review Case

We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also as a professional organisation, our policy is not to employ sales staff to give you “advice” (all our telephone consultations are handled by lawyers). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for judicial review or any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application for judicial review, thereby eliminating much of the stress of the application process.

 

Contact us to apply for a judicial review

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online enquiry form and we will get in touch or call us now on 01206500181.

General Visit Visa

You can apply for a General Visit Visa if you wish to come to the UK to see friends or family, or as a tourist. It is possible for family members settled in the UK to sponsor your visit. Entry clearance is only mandatory for visa nationals as non-visa nationals are granted leave to enter as General Visitors upon arrival at a UK port.

How we can help with General visit visa application?

If you wish to apply for a General Visit Visa we can help you with your visa application and queries. Our expert team of lawyers can assist you with the preparation of your general visit visa application and ensure that you meet with all the requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence; thereby leading to a successful general visit visa application, avoiding the unnecessary expense of resubmitting your application to the Home Office.

Qualifying criteria for a General Visit Visa

To meet the requirements of the General Visit Visa application:

  • You must be at least 18 years old.
  • You must plan to visit the UK for a maximum of 6 months and leave at the end of that period.
  • You must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself.

What we can do for you to ensure your General Visit Visa application is successful

To ensure a successful General visit visa application our team will:

  • Conduct a detailed assessment of your personal circumstances to ensure this is the right course for you.
  • Ensure that you have the correct documents to support and strengthen your case.
  • Complete and submit your UK General Visit Visa application.
  • Keep you updated in regards to your General Visit Visa application.

What happens once you are in the UK on a General Visit Visa

You can only stay in the UK for up to six months at any given time. You are not able to take up employment, produce goods, provide services or undertake a course of study whilst in the UK with a General Visit Visa.

How long you can stay on a General Visit Visa

With General visit visa:

  • You can usually stay in the UK for up to 6 months.
  • You might be able to stay for longer if:
  • you’re coming to the UK for private medical treatment – up to 11 months
  • you’re an academic on sabbatical and coming to the UK for research – you, your spouse or civil partner may be able to stay for up to 12 months

Why we provide the best legal advice in relation to a General Visit Visa

As a professional UK Solicitors law firm, we are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) Therefore, we are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such, are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your general visit visa case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa including general visit visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making a general visit visa application, thereby eliminating much of the stress of the application process.

Contact us for a successful General Visit Visa application

Our experienced team of professionally qualified solicitors and barristers will guide you through the process of general visit visa application step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your General Visit Visa adviser; call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.

Domestic Violence Visa

Domestic Violence -Visa- Settlement- The Immigration Aspect

Introduction

If your basis of stay in the UK is dependent on your spouse, civil partner, same-sex partner or unmarried companion, you may apply for a right to stay in the UK in the event the relationship breaks down as a result of domestic violence.

If victims of domestic violence, who are partners of settled persons, fulfil all the criteria of the Immigration Rules and provide the required documentary evidence, they would be given indefinite leave to remain in the UK.  Knowledge of Life in the UK is not a requirement.

EEA nationals who cease to be family members of the terminating marriage or civil partnership (owing to domestic violence) can retain a right of residence in the UK if they provide the required documentary evidence and fulfil the requirements of the EEA Regulations. On completion of a total of 5 years’ legal residence (under the EEA regulations) in the UK, the applicant would then be able to make an application for permanent residence in the UK.

What is Domestic Violence?

Definition of Domestic Violence:

“Any instance of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members regardless of gender or sexuality”.

Family members are:

mother, father, son, daughter, brother, sister, grandparents, in-laws or step-family.

An application can also be made in respect of domestic violence perpetrated by a family member of the partner where the partner did not offer any protection.

Definition of Injury (legal):
“Any harm done to a person by the acts or omissions of another.”

The above definitions serve as guidance to the UKVI in order to assess whether domestic violence has been perpetrated against an applicant.

Who can apply for domestic violence visa settlement?

Only the following persons can make an application for a right to stay in the UK as the victims of domestic violence:

  1. Spouses, civil partners, unmarried or same-sex partners of a person present and settled in the UK
  2. Spouses, civil partners, unmarried or same-sex partners of an EEA national exercising Treaty Rights in the UK

Who cannot apply for domestic violence visa settlement?

The following persons are not entitled to make an application for settlement even if they can establish they have been the victims of domestic violence:

  1. Fiancés and proposed civil partners of a person present and settled in the UK
  2. Fiancés and proposed civil partners of EEA nationals exercising treaty rights in the UK
  3. Spouses, civil partners, unmarried or same-sex partners of a person having limited leave to remain in the UK
  4. Spouses, civil partners, unmarried or same-sex partners of a person seeking asylum in the UK

The Destitution Domestic Violence (DDV) Concession

Spouses, civil partners, unmarried or same-sex partners can apply under the Destitution Domestic Violence (DDV) concession for a period of 3 months’ limited leave to remain to enable them to claim benefits whilst they make a claim for indefinite leave to remain under the Domestic Violence Immigration Rule.   This is only for those applicants who have no means of financial support on leaving their partner where the relationship has broken down as a result of domestic violence.  The applicant must intend to make an application for Indefinite Leave to Remain under the Domestic Violence Immigration Rule.

Spouses, Civil Partners, Unmarried Partners, Same-sex partners of persons present and settled in the UK

In this type of case, the applicant must have been admitted to the UK, or given an extension of stay, for the probationary period (27 months or 2 years respectively) as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the UK and their relationship must have been subsisting at the beginning of the applicant`s stay.

Qualifying criteria to apply for domestic violence visa settlement

In addition to the above, the following must be satisfied:

  • The applicant should no longer be living with his/her settled spouse
  • The domestic violence must have occurred during the 2-year probationary period and whilst the relationship was subsisting
  • The domestic violence was the main reason for the breakdown of the relationship
  • The applicant must provide specified documentary evidence to establish that he or she is a victim of domestic violence, such as such as a court order or conviction against his or her settled spouse/partner, an injunction, a non-molestation order, police cautions, medical reports or letters from social services or domestic violence support groups.

The applicant can apply together with any of his or her dependents who are not already British Citizens.

Spouses of EEA nationals exercising Treaty Rights in the UK

The applicant must either have a Residence Card in line with his or her EEA national spouse/partner who is exercising Treaty Rights in the UK or provide evidence that he or she resided together with the EEA national spouse/partner who is exercising Treaty Rights in the UK.

In addition to the above, the following must be satisfied:

  • The marriage or civil partnership must have terminated and the EEA national must have been exercising Treaty Rights at the time of the termination (Decree Absolute)
  • The applicant should no longer be living with his or her EEA national spouse/partner
  • The domestic violence must have occurred during the subsistence of their relationship and while the EEA national was exercising Treaty Right
  • The domestic violence was the main reason for the breakdown of the marriage or relationship
  • The applicant has to qualify as a worker, self-employed person or a self-sufficient person in order to qualify to retain a right of residence (if the applicant is a student then he or she will not qualify unless a student with sufficient resources to be self-sufficient)
  • The applicant must provide good documentary evidence to establish that he or she is a victim of domestic violence such as a court order or conviction against his or her settled spouse/partner, an injunction, a non-molestation order, police cautions, medical reports or letters from social services or domestic violence support groups

The applicant can apply together with any of his or her dependents who are not already British Citizens or EEA nationals.

Conclusion

Partners whose basis of stay in the UK is dependent on the immigration status of their abusive partner need not remain with said partner to retain legal status in the UK.

However, these are not straightforward applications in terms of the required evidence and professional advice should be sought before making an application of this kind, otherwise one may risk losing the right to stay in the UK.  Please note there are also social services, help groups and charities that can assist victims of domestic violence.

Our Services for victim of domestic violence

  • We can advise on the legal requirements, procedure and as to the required supporting documents for making an application for a right to stay in the UK on the basis of domestic violence
  • We can assess the merits of your application and advise as to how to improve your application
  • We can fully prepare and submit an application on your behalf for indefinite leave to remain or a retained right of residence
  • We can advise as to the merits of an appeal should your application be refused and assist and represent you in an appeal

Please call us on 01206500181

Asylum

Asylum protection, given under the 1951 United Nations Convention Relating to the Status of Refugees, is when an individual has left their country and is unable to go back because they have a well-founded fear of persecution. The UK adheres to the European Convention on Human Rights, therefore preventing authorities from sending someone back to their country where there is a real risk that they will be exposed to torture, inhuman or degrading treatment or punishment.

 

How we can help to claim asylum?

If you wish to claim asylum in the UK we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your asylum application and ensure that you meet with all the requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application of asylum claim and avoiding the unnecessary expense of resubmitting your asylum seeking application to the Home Office.

How long can asylum seekers stay in the UK?

Successful applicants will gain refugee status and will be allowed to stay in the UK for five years. If the situation in their home country has not improved after those five years, they can apply to stay permanently.

 

Qualifying criteria for seeking Asylum

To meet the requirements of an Asylum Seeker:

  • You must have left your country and be unable to go back because you have a well-founded fear of persecution because of your race; religion; nationality; political opinion; or membership of a particular social group.

What we can do for you to ensure your Asylum application is successful?

  • We can advise you on how to make a claim for Asylum in the UK and deal with the Home Office on your behalf.
  • We will accompany you to the Home Office for your screening interview will be conducted.
  • In the instance your asylum application is refused, we will continue to persevere until it is resolved.

What happens if you do not qualify as an Asylum Seeker?

Even if you do not qualify for recognition as an Asylum Seeker, you can get temporary permission to stay here, which can lead to the settlement, if there are humanitarian reasons why you should stay in the United Kingdom.

 

Why we provide the best legal advice in relation to your Asylum matter

As a professional UK Solicitors law firm, we are fully authorised and regulated by the Solicitors Regulation Authority (link is external) (SRA) Therefore, we are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner (link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your asylum case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa including asylum or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application to claim asylum, thereby eliminating much of the stress of the asylum application process.

Contact us for a successful Asylum application

Our experienced team of professionally qualified solicitors and barristers will guide you through the process of seeking asylum step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your General Visit Visa adviser; call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.

Ancestry Visa

The UK Ancestry visa route is for Commonwealth citizens who have a grandparent who was born in the UK, Channel Islands or the Isle of Man and who wishes to migrate to the UK with the freedom to live and work. This ancestry visa is granted for five years and opens up the entire job market to you in the UK without the restrictions of a working visa.

After five years of continuous stay in the UK under this visa, you may apply for permanent residency as long as you still meet with the requirements for the Ancestry visa and you have spent five years in employment in the UK without a break (spending fewer than 180 consecutive days outside of the country).

 We can help with your UK Ancestry Visa application

If you wish to apply for UK Ancestry visa we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your Ancestry visa application and ensure that you meet all requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence; thereby leading to a successful Ancestry visa l application, avoiding the unnecessary expense of resubmitting your application to the Home Office.

 

Qualifying criteria for UK Ancestry Visa

In order for your UK Ancestry Visa application to be successful:

  • You will need to be aged 17 or over
  • You will need to have a grandparent who was born in the UK, Channel Islands or the Isle of Man or Republic of Ireland prior to 31 March 1922
  • You will work or are planning on working in the UK, and
  • You can adequately support and accommodate yourself and your dependents.

Documents required for UK Ancestry Visa application

You should include all the documents you can to show that you qualify for entry to the UK through UK Ancestry visa. This should include:

  • your full birth certificate
  • your marriage certificate, if you are married, and
  • the full birth certificates of the parent and grandparent through whose ancestry you are making your application.

You will also need the marriage certificates of your parents and grandparents, and legal adoption papers if you or your parents are adopted.

You must apply for your visa in the country of which you are a national or where you legally live.

 

What we can do for you to ensure your UK Ancestry Visa application is successful

To ensure that your ancestry Visa application is successful our team will:

  • Conduct a detailed assessment of your personal circumstances by a Solicitor to ensure this is the right course for you.
  • Completion and submission of your UK Ancestry Visa application in accordance with the Immigration Rules.
  • Keep you updated in regards to your application.

Benefits of applying for an Ancestry Visa

As the criteria to make a successful ancestry visa application are based on family ties, you will not need to meet the rigorous requirements of the points-based applications. UK Ancestry Visa is granted for an initial period of 5 years after which time you can apply for Indefinite Leave to Remain. With the points-based application, the initial visa is usually granted for a period of 3 years and 4 months, after which you would have to reapply and submit fresh evidence of your ability to meet with the points based criteria.

Unlike points-based applications, you do not need to meet the onerous maintenance requirements where you are required to show a certain amount of savings for a specific period. Also, dissimilar to high-value immigration visa categories there will be no requirements to create jobs or invest in the UK. In addition, unlike work permit applications the applicant will not have restrictions on the type of employment you can undertake.

You can also apply for your dependants to come to the UK with you under this visa.

Why we provide the best legal advice in relation to your Ancestry Visa:

As a professional UK Solicitors law firm, we are fully authorised and regulated by the Solicitors Regulation Authority (link is external) (SRA) Therefore, are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner (link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such, are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa including ancestry visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the ancestry visa application process.

Contact us for successful Ancestry Visa applications

Our experienced team of professionally qualified solicitors and barristers will guide you through the process of ancestry visa application step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your General Visit Visa adviser; call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.

UK Unmarried Partners / De Facto Visa

You can apply for a UK Unmarried Partners Visa (or otherwise known as a De Facto Visa) if you have a partner who is settled in the UK or is a British citizen. You must have been living with your partner in a relationship akin to a marriage for at least two years prior to the date of application. Alternatively, if you are married you should apply for a Marriage or Spouse Visa.

How we can help with UK Unmarried Partners visa / De Facto Visa:

We can assist with your Unmarried partners visa /De Facto Visa application and queries. Our expert team of lawyers can assist you with the preparation of your Unmarried partners visa application and ensure that you meet with all the requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful Unmarried partners visa application and avoiding the unnecessary expense of resubmitting your application to the Home Office.

Qualifying for a UK Unmarried Partners Visa / De Facto Visa:

To meet the requirements for a UK Unmarried Partners Visa/ De Facto Visa:

  • Both parties must be at least 21 years of age;
  • Your partner that is present and settled in the UK must have settled status. (This means that the person is resident in the UK with no immigration restriction on the length of their stay);
  • There must be no existence of any previous marriage;
  • You must be able to support yourself entirely without recourse to public funds and also be able to accommodate yourself.

Financial requirement for a UK Unmarried Partners Visa / De Facto Visa:

To prove that you can adequately maintain your status in the UK without the aid of public funds, you will need to satisfy a financial requirement.

You will need to prove that your partner (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:

  • £18,600 for at least six months or have savings of £62,500
  • £3,800 for a first child (who is not British, settled or an EEA national)
  • £2,400 for each additional child (who is not British, settled or an EEA national)

What supporting documents will I need for my Unmarried Partners Visa or De Facto Visa?

UK Visas and Immigration (UKVI) officials can look for the following documents/information in your unmarried partners visa application submission:

  • Your current passport or other travel documents
  • Details of any criminal convictions, if applicable
  • Your parent’s date of birth and nationality
  • Your National Insurance number (if you have one)
  • Details of your accommodation in the UK
  • Bank statements and details of your salary showing your sponsor can meet the minimum income threshold
  • Your sponsor’s British passport or Indefinite Leave to remain documents
  • Details of any children who are also coming to the UK
  • Details of the countries outside the UK you’ve lived in and visited

UKVI may also want to see evidence of your relationship, which may include:

  • How you met and how often you see each other
  • How long you’ve lived together – you’ll need to send proof like council tax bills
  • things you pay for together

 

What we can do for you to ensure your De facto Visa / Unmarried Partners visa application is successful

To ensure your De facto Visa / Unmarried Partners visa application is successful our team will:

  • Conduct a detailed assessment of your personal circumstances to ensure this is the right course for you.
  • Complete and submit of your UK Unmarried Partners visa /De Facto Visa application.
  • Keep you updated in regards to your application.

What happens once you are in the UK on a UK Unmarried Partners Visa / De Facto Visa

Unmarried Partners visa / De Facto Visas are granted an initial two year period, after this time you can apply for Indefinite Leave to Remain in the UK (ILR) and British nationality. You must intend to live with your partner in the UK. You will also be able to take up employment in the UK as soon as the document is granted without the need to arrange a UK Work Permit. With an Unmarried Partners Visa / De Facto Visa there are no restrictions upon the type of work that can be undertaken.

Why we provide the best legal advice for UK Unmarried Partners Visa / De Facto Visas

As a professional UK Solicitors law firm, we are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) Therefore, we are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.

Immigration Expert

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa including Unmarried Partners visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an Unmarried Partners visa application, thereby eliminating much of the stress of the application process.

Contact us for successful UK Unmarried Partners Visa / De Facto Visa applications

Our experienced team of professionally qualified solicitors and barristers will guide you through the Unmarried Partners visa process step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your De Facto Visa Application adviser, call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181

UK Marriage / Spouse Visa

A UK Marriage Visa or a Spouse visa allows foreign nationals who are married (or in a civil partnership) to a British citizen, or a person who has settlement status in the UK to enter or remain in the UK. If you are based outside of the UK you will need to apply for Entry Clearance in order to join your spouse/civil partner in the UK. The visa will be granted for two years, after which time you can apply for Further Leave to Remain, Indefinite Leave to Remain and Naturalization as a British Citizen.

UK Marriage visa/spouse Visa application requirement overview

The Home Office has introduced stringent criteria which you will need to meet in order to make a successful marriage visa application. You will need to provide an extensive amount of documentary evidence in order to support the fact that you are in a genuine relationship and that you meet the financial requirements as set by the government.  Most UK Marriage Visa or Spouse visa applications are refused because applicants have not been able to fully substantiate this.

How we can help with UK Marriage visa/spouse Visa application

If you wish to apply for a UK Marriage visa / Spouse visa we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your marriage visa application and ensure that you meet with all the requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of resubmitting your application to the Home Office.

Qualifying criteria for UK Marriage Visa or Spouse Visa

In order to obtain a UK Marriage visa or Spouse Visa you must:

  • Apply for entry clearance for your spouse/civil partner before travelling to the UK;
  • Have met each other, be legally married to each other and plan to live together;
  • Meet with the  minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality
  • for any children also sponsored; £3,800 for one child and an additional £2,400 for each further child;
  • Any of the above-stated income can be from the applicant and sponsor’s total income;
  • Be able to accommodate yourself and your dependants entirely without recourse to public funds; and
  • Be able to communicate in English and present an English language speaking and listening qualification at a minimum A1 level or above of the Common European Framework of Reference for Languages unless you are exempt.

What happens once you are in the UK on a UK Marriage Visa or Spouse Visa

UK Marriage Visa is granted for an initial five year period following which you can apply for Indefinite Leave to Remain in the UK (ILR) and British nationality. With a UK Marriage Visa, you may bring your dependents (for example your children) with you to the UK. You must, however, be able to financially support them for their entire stay. You will be able to take up employment in the UK as soon as the document is granted without the need to arrange a UK Work Permit. With a UK Marriage Visa, there are no restrictions upon the type of work that can be undertaken.

Why we provide the best legal advice for UK Marriage Visa or Spouse Visa applications

As a professional UK Solicitors law firm, we are fully authorised and regulated by the Solicitors Regulation Authority (link is external) (SRA) Therefore, we are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner (link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions.

As a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.

Immigration Expert

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.

Contact us for successful UK Marriage Visa or Spouse Visa applications

Our experienced team of professionally qualified solicitors and barristers will guide you through the process step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your Visa Application adviser; call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181

UK Deportation Orders & Removal Orders

An increasing number of foreign nationals living in the UK are being subjected to deportation orders. Our specialist immigration solicitors and barristers are on hand to provide first-class legal advice ensuring that any deportation order or removal order being made against you or members of your family are properly challenged.

What is a UK Deportation Order?

A deportation order requires a person(s) to leave the United Kingdom and authorise his or her detention until he or she are removed by a ‘notice for deportation’. It also prohibits that person from re-entering the country for as long as his/her notice for deportation is in force. Thus, invalidating any request to leave, enter or remain in the United Kingdom.

The Criteria for a UK Deportation Order

A foreign national may be made the subject of a deportation order for a number of reasons. These include:

  • The Secretary of State believes that is in the interests of the public good that the foreign national is removed from the UK;
  • The foreign national is the spouse, civil partner or child of an individual who is the subject of a deportation order; or (see deportation of family members/family consideration); or
  • The foreign national is over 17 years old, has been convicted of a criminal offence which carries with it a prison sentence and the court which sentenced the foreign national recommended that he be deported once he has served his sentence.

The Grounds for granting a UK Deportation Order

  1. Deportation after a Criminal Conviction (Removal On The Grounds Of Public Interest)

If a foreign national is convicted of a criminal offence the court may grant a deportation order against them. The more serious the offence, the more likely a judge is to recommend that the person will be deported. Whether or not a judge recommends deportation, when a foreign national is approaching the end of their sentence the Prison Service should notify the immigration authorities of his impending release. This should be done sufficiently far in advance so that preparations for deportation can be commenced in good time. The court will consider the following matters before deporting a person;

  • the nature of the offence;
  • the circumstances of the commission of the offence;
  • the view of the offence expressed by the court before which the offender appeared;
  • the nature of the penalty;
  • the extent of rehabilitation of the offender;
  • the prospects of recidivism (repeated criminal offences);
  • the necessity to prevent or inhibit the commission of like offences by other persons;
  • the previous criminal history of the offender;
  • the public interest; and
  • the circumstances of the family or of other persons having a relationship with the offender;

In cases where no recommendation for deportation was made by the sentencing judge a foreign national should be considered for deportation if he received a prison sentence of longer than one year, or two years in the case of a European citizen.  In deciding whether a foreign national should be deported after he has served his sentence the immigration authorities will take into account the offender’s age, his links to the UK and the seriousness of his offence.

  1. Deportation of Family Members

Section 5 of the Immigration Act 1971 gives the Secretary of State power in certain circumstances to make a deportation order against the spouse, civil partner or child of a person against whom a deportation order has been made. The Secretary of State will not normally decide to deport the spouse or civil partner of a deportee where; they are a qualified for settlement in his own right; or been living apart from the deportee. The Secretary of State will not normally decide to deport the child of a deportee where:

  • The child and his mother or father are living apart from the deportee;
  • The child has left home and established himself on an independent basis;
  • The child is married or formed a civil partnership before deportation came into prospect.

The Process of UK Deportation

Where the Secretary of State decides that it would be appropriate to deport a member of a family as such, the decision, and the right of appeal, will be notified and it will at the same time be explained that it is open to the member of the family to leave the country voluntarily if he does not wish to appeal or if he appeals and his appeal is dismissed.

When a decision to make a deportation order has been taken (otherwise than on the recommendation of a court) a notice will be given to the person concerned informing him of the decision and of his right of appeal.

How Can You Challenge A UK Deportation Order?

The process of deportation is justified on the basis that it is for the public good and that this should outweigh the interest of the individual in question – unless the deportation breaches that individuals rights under the Human Rights Act 1998. Deportation can be challenged if it is contrary to the United Kingdom’s obligations under the Refugee Convention or ECHR.  Regard may also be had to other relevant factors which constitute exceptional circumstances. There are two fundamental rights which could be breached when a deportation order is granted are the following Article 3 Human Rights Act 1998 which states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment and/or article 8 Human Rights Act 1998 which states the following everyone has the right to respect for his private and family life, his home and his correspondence and no public authority can interfere with the exercise of that right.

Our specialist immigration lawyers can make an application for the revocation of a deportation order on the basis, inter alia, that one or both of these fundamental rights have been breached as a result of a deportation order being granted against you. Moreover, the deportation order will be considered in the light of all circumstances including the grounds on which the order was made, any representation made in support of revocation, the interest of the applicant including any compassion circumstances such as serious health grounds.

The Right to Appeal against your UK Deportation Order

There may be a right of appeal against refusal to revoke a deportation order. Where an appeal does lie, the right of appeal will be notified at the same time as the decision to refuse to revoke the order. If a notice of appeal is given within the period allowed, a summary of the facts of the case on the basis of which the decision was taken will be sent to the appropriate appellate authorities, who will notify the appellant of the arrangements for the appeal to be heard.

What are Removal Orders, and how do they differ from Deportation Orders?

Unlike deportation orders, removal orders would be used if you or your family do not have leave to remain in the UK whether you came to the UK without obtaining leave prior to your entry or your existing leave has expired. You may also be removed if you had leave to stay but only on certain conditions, and you have not kept to the conditions. For example, if the person did not have permission to work and you did or if you claimed asylum, but your claim and any appeals you made were refused. The circumstances in which a person becomes liable to a removal order are overstayed their visas, entered the UK illegally or by deception; or failed to observe conditions attached to their leave

Before a decision to seek a removal order is considered regard is had to all the relevant factors known to the Secretary of State including:

  • Age;
  • Length of residence in the United Kingdom;
  • Strength of connections with the United Kingdom;
  • Personal history, including character, conduct and employment record;
  • Domestic circumstances;
  • Previous criminal record and the nature of any offence of which the person has been convicted;
  • Compassionate circumstances; and
  • Any representations received on the person’s behalf.

We can help if you are subject to a UK Deportation or Removal Order?

If you or someone you know is subject to the above proceedings, it is imperative that you seek advice from an immigration solicitor. Our team of experienced and professionally qualified immigration solicitors and barristers can advise you on the merits of your case and the possible avenues of avoiding your deportation. We can assist you in appealing against any form of deportation or removal order and consider the ways that you may stay in the UK or avoid a ban on you re-entering the country.

As specialist immigration solicitors we will undertake the following to ensure you are provided with the most efficient and effective service. We undertake and assess the merits for challenging deportation or removal, Make representations to the Home Office on your behalf and make an application for Judicial Review in the High Court challenging the detention. This ensures that your deportation order

Seeking Judicial Review

Another way to challenge a deportation order is to seek a judicial review. Judicial review is the legal process that allows a person to challenge the lawfulness of a decision, action or failure to act of a public entity such as the UK board Agency or the Home Office.   An applicant has to seek leave of the court by showing that he has an arguable case against his deportation with some prospect of success. To succeed, there has to be some irregularity in the UKBA authority to granting the said person deportation.

Why we provide the best legal advice in relation to your UK Deportation Order or Removal Notice

As a professional UK Solicitors law firm, we are fully authorised and regulated by the Solicitors Regulation Authority (link is external) (SRA) Therefore, we are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner (link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for deportation order or any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application on your deportation order, thereby eliminating much of the stress of the application process.

Contact Us for Successful Immigration Applications

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making application against your deportation order step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.

 

UK Armed Forces/Gurkhas

There are specific immigration rules relating to the immigration status of those foreign nationals who joined HM Forces and their dependents. Whilst you are enlisted in the British Army, you are exempt from immigration control which means that you do not need the Home Office’s permission to enter or leave the UK. Once you have been in service with HM Forces for a continuous period of 5 years, you may apply for British citizenship.

Once you leave HM Forces you will need to notify the Home Office that you have been discharged and you will be granted 28 days to make arrangements for regularising your immigration status in the UK or to arrange departure. If you are a British citizen serving in HM Forces, your family will not be able to apply for leave to remain or settlement under the armed forces rules so they will need to apply as our family member.

Gurkhas

In May 2009, special arrangements were introduced for former Gurkhas who intend on settling in the UK and making it their permanent home. If your application is successful, you will be granted Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR). If you have a partner (spouse, civil partner or unmarried/same-sex partner) and/or dependent children under the age of 18, they can apply for settlement at the same time.

Who are the Gurkhas?

Gurkhas have been part of the British Army for almost 200 years. The Gurkhas have a fearsome reputation built over the last two centuries and exemplified by their motto “it is better to die than be a coward”.

 

 

Qualifying criteria for Gurkhas Applying for Settlement

You will normally be eligible for settlement if:

  • You have completed at least 4 years’ service as a Gurkha with the British Army; or
  • You are the legal spouse of the former Gurkhas applying for settlement and have been married; or
  • You are a dependent of the former Gurkha applying for settlement and under 18 years and both of your parents are present and settled in the UK or are being admitted at the same time; or
  • You are the widow of a former Gurkha who was discharged before 1997 and can show that your late husband would have met the criteria to qualify for settlement.

Why we provide the best legal advice in relation to your Visa Application:

We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that no time nor money is wasted and that no mistakes are made when it matters the most.

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.

Contact us for a successful outcome to your Visa Application

Our experienced team of professionally qualified solicitors and barristers will guide you through the process step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your Visa Application adviser, call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.