Settlement / Indefinite Leave to Remain

Settlement / Indefinite Leave to Remain

After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. A settlement is also known as ‘Indefinite Leave to Remain’.  If you are currently in the UK, your right to apply for settlement will depend on your current immigration category whereas if you are applying to enter the UK as the child of a British citizen or a person who is settled here, you may obtain immediate permission to settle here permanently.

After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. A settlement is also known as ‘Indefinite Leave to Remain’.  If you are currently in the UK, your right to apply for settlement will depend on your current immigration category whereas if you are applying to enter the UK as the child of a British citizen or a person who is settled here, you may obtain immediate permission to settle here permanently.

How we can help with settlement visa / indefinite leave to remain (ILR) application?

If you wish to apply for settlement visa / indefinite leave to remain (ILR) we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your ILR 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 indefinite leave to remain (ILR) application and avoiding the unnecessary expense of resubmitting your application to the Home Office.

What is Indefinite Leave to Remain?

Indefinite leave to remain (ILR), or Permanent Residence, grant an applicant the right to live and work in the UK without any immigration restrictions and entitles them to apply for naturalisation.

 

Qualifying criteria for Settlement/Indefinite Leave to Remain

To meet the requirements of Settlement Visas/Indefinite Leave to Remain (ILR):

  • You must spend a number of years in the UK, depending on your immigration status, before you can apply for permanent residence.
  • You will need to show that you will continue to meet the requirements of your current visa to be eligible for ILR.
  • You need to have stayed in the UK for most of the time that you have held your Visa.
  • You must also plan to remain present and settled in the UK.
  • You will need to pass the ‘Life in the UK’ test and have a speaking and listening qualification in English.

The following are examples of how many years you must have spent in the UK on the different types of Visas for ILR

You can secure Settlement Visas / Indefinite Leave to remain (ILR) after:

  • Ancestry- 5 years.
  • Work permit, HSMP, Tier 1 General, Investors, Tier 1 Investor, Artists, Composers, Writers, Sole representatives, Business Person, Tier 1 Entrepreneur- 5 years.
  • An unmarried partner of a UK national or a person settled in the UK, Marriage to a UK national or a person settled in the UK- 2 years.
  • Marriage to EEA national, EEA national and family members- 5 years.
  • Any combination of unlawful or lawful stay- 20 years.
  • Any combination of lawful stay- 10 years.

What we can do for you to ensure your Settlement / Indefinite Leave to Remain case is successful

  • A detailed assessment of your personal circumstances.
  • We can ensure that we have the correct documents to support and strengthen your case.
  • We can complete and submit your Settlement/ ILR application.
  • Keep you updated in regards to your application.

What happens once you have obtained Settlement / Indefinite Leave to Remain

Once you have Settlement / Indefinite Leave to remain (ILR) you will have following benefits:

  • You will have unrestricted entry to the UK.
  • You will be free to work within the UK with no restrictions.
  • There is no time limit with a UK Settlement Visa; however, it is always recommended that if you have settled status in the UK you should not spend more than two years outside of the United Kingdom (Living outside of the UK for an extended period may result in your ILR being cancelled.)
  • If you are away from the United Kingdom, you should maintain personal and financial ties to the UK. Staying in the UK for a short period of time each year for a number of years may also lead to ILR being withdrawn.

Why we provide the best legal advice in relation to your Settlement/ Indefinite Leave to Remain 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” (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 any type of Visa or permit including indefinite leave to remain (ILR) 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 indefinite leave to remain (ILR) application, thereby eliminating much of the stress of the application process.

Contact us for a successful Settlement / Indefinite Leave to Remain application

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the ILR application 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.

Domestic Violence

Domestic Violence Visa

Domestic Violence -Visa- Settlement- The Immigration Aspect

Legal Aid

The firm has a contract to provide legal aid for advice and assistance at all levels of the asylum process and for Public Law Judicial Review challenges in the High Court, for those who qualify for it and are within our contractual area. For more information, please contact us and we can discuss whether you are likely to get legal aid before you even come in for an appointment.

 

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

Appeals

Appeals

Has the Home Office refused your visa application? Now is your opportunity to appeal against your visa rejection.

Legal Aid

The firm has a contract to provide legal aid for advice and assistance at all levels of the asylum process and for Public Law Judicial Review challenges in the High Court, for those who qualify for it and are within our contractual area. For more information, please contact us and we can discuss whether you are likely to get legal aid before you even come in for an appointment.

 

Has the Home Office refused your visa application? Now is your opportunity to appeal against your visa rejection.

 How we can help with your immigration appeal?

As a firm, we undertake a great deal of immigration appeal work before the Immigration and Asylum Tribunal and therefore have secured a successful track record of results for our clients. We have the experience and the knowledge required to take your case forward successfully. Our expert team of lawyers can assist you with the preparation and submission of your immigration appeal as we understand that this can be a stressful time and a lengthy process.

Appeal system

There are two Tribunals which hear immigration appeals, the First Tier Tribunal and the Upper Tribunal. The First Tier Tribunal hears decisions made by the Home Office.  The Upper tribunal hears decisions made by the First Tier Tribunal. An Immigration judge or panel will decide whether your immigration appeal is successful or not and this will be confirmed in writing.

What we can do for you to ensure your Appeal is successful

To make your immigration appeal is successful our team will

  • Analyse and review your initial application and supporting documents
  • Examine your refusal letter
  • Draft detailed grounds and give legal reasons as to why your application should not have been refused
  • Submit your legal appeal on your behalf to the Asylum and Immigration Tribunal
  • Liaise with the Tribunal and the Home Office and ensure the appeal process is handled smoothly
  • One of our legal experts will represent you before the Immigration Judge where your UK Visa Appeal will be heard

Administrative Review

If you have made an entry clearance application under the Points Based System which has been refused by the Entry Clearance Officer (ECO), you have the right to apply for Administrative Review of the immigration decision of the ECO. This review would involve looking at whether your claimed points were correctly assessed by the ECO. The Administrative Review application should be made within 28 days of the date of the receipt of the refusal letter.

If the Entry Clearance Manager (person conducting the administrative review) refuses your request for administrative review and maintains the refusal, you may have the option of challenging the decision by way of Judicial Review within 90 days from the date of the refusal.

Why we provide the best legal advice in relation to your Immigration Appeal

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 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 or permit and any form of leave to remain (or for entry clearance) under the points-based system or for your immigration appeal. 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 immigration appeal application process.

Contact us for a successful outcome to your Immigration Appeal

Our experienced team of professionally qualified solicitors and barristers will guide you through the process of immigration appeal step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your appeal 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.

Independent Legal Advice Certificates Services

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.

Legal Aid

The firm has a contract to provide legal aid for advice and assistance at all levels of the asylum process and for Public Law Judicial Review challenges in the High Court, for those who qualify for it and are within our contractual area. For more information, please contact us and we can discuss whether you are likely to get legal aid before you even come in for an appointment.

 

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.

Immigration Detention

Immigaration Detention

We specialise in helping those who are held unlawfully, or whose rights are abused in custody.

Legal Aid

The firm has a contract to provide legal aid for advice and assistance at all levels of the asylum process and for Public Law Judicial Review challenges in the High Court, for those who qualify for it and are within our contractual area. For more information, please contact us and we can discuss whether you are likely to get legal aid before you even come in for an appointment.

 

We specialise in helping those who are held unlawfully, or whose rights are abused in custody.

What is immigration detention?

Immigration detention is the practice of holding people who are subject to immigration control in custody, while they wait for permission to enter or before they are deported or removed from the country. It is an administrative process, not a criminal procedure. This means that migrants and undocumented people are detained at the decision of an immigration official, not a court or a judge. Unlike most other European countries, there is no time limit on immigration detention in the UK.

UK Immigration Detention policy

Immigration detention in the United Kingdom is the policy of the United Kingdom government in holding individuals suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in detention until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure.

Overview of Immigration Detention matters

Home Office policy says that immigration detention must be used sparingly and for the shortest possible period. In our experience, immigration detention is the norm rather than the exception: many thousands are held each year, and some for very lengthy periods, causing serious mental distress.

Who is detained?

Numbers of people are held under Immigration Act powers every year, for a range of reasons. Some are asylums seekers who have had their claim refused. Others are asylum seekers who have a claim in the process and are being held while that decision is made (under what is known as the Detained Fast Track). Some will have overstayed or breached the terms of their visas or will be foreign nationals who have completed a prison sentence and are to be deported. Some will newly arrive in the UK; others will have lived lawfully here for many years. These categories are fluid and can overlap, for example, a foreign national may claim asylum from prison.  The single most common category of immigration detainee is the asylum seeker. Around 50% will have claimed asylum at some point.

Immigration Detention statistics

  • Around 30,000 people are held under Immigration Act powers every year.
  • In 2017, 27,331 people entered immigration detention.
  • In 2017, 42 children entered detention, despite the government’s claim to have abolished child detention in 2011.
  • At the end of 2017, there were 2,545 people in detention. The top five nationalities were Indian, Pakistani, Bangladeshi, Nigerian and Polish.

Whatever the circumstances, being held in prison-like conditions without a time limit causes anxiety and distress. Many detainees already have traumatic backgrounds, and the psychological impact of being held is absolutely damaging.

Our work includes:

  • Advice on the legality of immigration detention for individuals across the range of immigration status including Foreign National Prisoners, failed asylum seekers, citizens of EU member states, those on work permits or other forms of temporary leave.
  • Claims for damages for unlawful immigration detention in respect of an entire period of detention or for those detained unlawfully at the end of a prison sentence or lawful period of detention.
  • Public law challenges the legality of immigration detention.
  • Claims for damages and public law challenges to conditions of immigration detention including the Human Rights Act 1998 claims engaging Article 3 European Convention on Human Rights (ECHR) for inhuman or degrading treatment.
  • Claims for damages or public law challenges in respect to the immigration detention of vulnerable groups, including torture victims, children, elderly or pregnant persons, those with serious medical conditions or disabilities.
  • Claims for assault on removal or in immigration detention.
  • Advice and representation after deaths in immigration custody.

Our clients have brought claims against the UK government, privately run immigration detention centres and private escort and removal companies.

For more information, please contact us on 01206500181 or send us an email- info@hs-legal.co.uk

We specialise in helping those who are held unlawfully, or whose rights are abused in custody.

What is immigration detention?

Immigration detention is the practice of holding people who are subject to immigration control in custody, while they wait for permission to enter or before they are deported or removed from the country. It is an administrative process, not a criminal procedure. This means that migrants and undocumented people are detained at the decision of an immigration official, not a court or a judge. Unlike most other European countries, there is no time limit on immigration detention in the UK.

UK Immigration Detention policy

Immigration detention in the United Kingdom is the policy of the United Kingdom government in holding individuals suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in detention until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure.

Overview of Immigration Detention matters

Home Office policy says that immigration detention must be used sparingly and for the shortest possible period. In our experience, immigration detention is the norm rather than the exception: many thousands are held each year, and some for very lengthy periods, causing serious mental distress.

Who is detained?

Numbers of people are held under Immigration Act powers every year, for a range of reasons. Some are asylums seekers who have had their claim refused. Others are asylum seekers who have a claim in the process and are being held while that decision is made (under what is known as the Detained Fast Track). Some will have overstayed or breached the terms of their visas or will be foreign nationals who have completed a prison sentence and are to be deported. Some will newly arrive in the UK; others will have lived lawfully here for many years. These categories are fluid and can overlap, for example, a foreign national may claim asylum from prison.  The single most common category of immigration detainee is the asylum seeker. Around 50% will have claimed asylum at some point.

Immigration Detention statistics

  • Around 30,000 people are held under Immigration Act powers every year.
  • In 2017, 27,331 people entered immigration detention.
  • In 2017, 42 children entered detention, despite the government’s claim to have abolished child detention in 2011.
  • At the end of 2017, there were 2,545 people in detention. The top five nationalities were Indian, Pakistani, Bangladeshi, Nigerian and Polish.

Whatever the circumstances, being held in prison-like conditions without a time limit causes anxiety and distress. Many detainees already have traumatic backgrounds, and the psychological impact of being held is absolutely damaging.

Our work includes:

  • Advice on the legality of immigration detention for individuals across the range of immigration status including Foreign National Prisoners, failed asylum seekers, citizens of EU member states, those on work permits or other forms of temporary leave.
  • Claims for damages for unlawful immigration detention in respect of an entire period of detention or for those detained unlawfully at the end of a prison sentence or lawful period of detention.
  • Public law challenges the legality of immigration detention.
  • Claims for damages and public law challenges to conditions of immigration detention including the Human Rights Act 1998 claims engaging Article 3 European Convention on Human Rights (ECHR) for inhuman or degrading treatment.
  • Claims for damages or public law challenges in respect to the immigration detention of vulnerable groups, including torture victims, children, elderly or pregnant persons, those with serious medical conditions or disabilities.
  • Claims for assault on removal or in immigration detention.
  • Advice and representation after deaths in immigration custody.

Our clients have brought claims against the UK government, privately run immigration detention centres and private escort and removal companies.

For more information, please contact us on 01206500181 or send us an email- info@hs-legal.co.uk

Immigration Bail Application

Immigration Bail Application

Immigration bail is an application to a court for release, usually under certain conditions. When a detainee makes an application for immigration bail they are brought to an immigration court (the Immigration and Asylum Chamber of the First Tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should be maintained. The case may be presented by a legal representative and will generally be opposed by a Home Office Presenting Officer.

Legal Aid

The firm has a contract to provide legal aid for advice and assistance at all levels of the asylum process and for Public Law Judicial Review challenges in the High Court, for those who qualify for it and are within our contractual area. For more information, please contact us and we can discuss whether you are likely to get legal aid before you even come in for an appointment.

 

Immigration bail is an application to a court for release, usually under certain conditions. When a detainee makes an application for immigration bail they are brought to an immigration court (the Immigration and Asylum Chamber of the First Tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should be maintained. The case may be presented by a legal representative and will generally be opposed by a Home Office Presenting Officer.

Immigration bail guidance

You can apply for immigration bail if the Home Office is holding you on immigration matters. This means you might be released from detention but you’ll have to obey at least one condition.

Conditions of your immigration bail

If you’re granted immigration bail, there will be at least one condition you have to obey.

You might have to:                                          

  • report regularly to an immigration official
  • attend an appointment or hearing
  • be restricted on where you can live
  • have an electronic monitoring tag
  • have restrictions on the work or studies you can do
  • obey any other condition decided by the person granting your bail

You or your financial condition supporter might have to promise to pay money if you break one of the other conditions of your bail. This is called a ‘financial condition’.

These conditions can be changed after you’re granted immigration bail.

If you do not follow the terms of your immigration bail you might:

  • have your immigration bail conditions changed so that there are tighter restrictions
  • be charged with a crime
  • have to pay the money agreed at the hearing – or your Financial Condition Supporter might have to pay
  • be returned to detention

 

Can I apply for immigration bail?

You can apply whether you’re held in an immigration removal centre, a detention centre or a prison. You must be held on immigration matters.

When you’re more likely to get immigration bail

You’re more likely to get immigration bail if you have a place to stay.

Your immigration bail application is also more likely to succeed if you have at least one ‘Financial Condition Supporter’. This is a person who:

  • will pay money if you don’t follow the conditions of your bail
  • can attend your bail hearing

Give information about where you’ll stay and your Financial Condition Supporters in the application form.

Immigration bail application refusal

You may find it harder to get immigration bail if you:

  • have broken bail conditions in the past
  • have a criminal record, and there’s a risk you might offend

If you were refused bail in the last 28 days, you won’t get another hearing unless your situation has changed significantly. If you are refused bail, you’ll get a written statement telling you why.

 

Contact Expert Immigration Solicitors

As Immigration bail solicitors based in the easily accessible area of Colchester, Chelmsford and London, we can assist in making an immigration bail application and represent the detainee in the immigration court.

For more information, please contact us at 01206500181 or send us an email- info@hs-legal.co.uk

Asylum and Human Rights

Asylum and Human Rights

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.

Legal Aid

The firm has a contract to provide legal aid for advice and assistance at all levels of the asylum process and for Public Law Judicial Review challenges in the High Court, for those who qualify for it and are within our contractual area. For more information, please contact us and we can discuss whether you are likely to get legal aid before you even come in for an appointment.

 

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 call us now on 01206500181.

EEA Family & Residence Permits

EEA Family & Residence Permits

An EEA Family permit is for nationals of countries outside the EEA who are family members of EEA nationals, wishing to come to the UK.  Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK.

An EEA Family permit is for nationals of countries outside the EEA who are family members of EEA nationals, wishing to come to the UK.  Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK.

How we can help about EEA family permit application?

We can help with your EEA Family Permit application and queries. Our expert team of lawyers can assist you with the preparation of your application to 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 EEA Family Permit application, avoiding the unnecessary expense of re-submitting your application to the Home Office.

What is the EEA family permit?

A European Economic Area Family Permit (EEA family permit) is an immigration document that assists the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement or a Swiss citizen.

How long is an EEA residence card valid for?

  • An EEA Family Permit will be granted for six months.
  • An EEA Residence Card will be granted for up to five years, after which time an applicant may be eligible to apply for an EEA Permanent Residence Card.
  • During their stay in the UK, applicants can work, study, marry and leave and re-enter the UK as often as required.
  • An application for An EEA Residence Card can be made once an applicant has lived in the UK for at least five years.

EEA Countries:

Currently, the countries which make up the EEA are as follow:

  • Austria;
  • Belgium;
  • Croatia;
  • Cyprus;
  • Czech Republic;
  • Denmark;
  • Estonia;
  • Finland;
  • France;
  • Germany;
  • Greece;
  • Hungary;
  • Iceland;
  • Ireland;
  • Italy;
  • Latvia;
  • Liechtenstein;
  • Lithuania;
  • Luxembourg;
  • Malta;
  • Netherlands;
  • Norway;
  • Poland;
  • Portugal;
  • Romania;
  • Slovakia;
  • Slovenia;
  • Spain;
  • Sweden; and
  • The UK.

EEA Family Permit for ‘Family Members’

An EEA family permit is distributed overseas to nationals of countries outside the European Economic Area who are family members of EEA nationals.

Definition of a ‘family member’ is the following:

  • Your husband, wife or civil partner;
  • Your children or grandchildren (or the children or grandchildren of your husband, wife or civil partner) who are under 21 years of age or are dependent on you; and
  • The parents or grandparents of you and your husband, wife or civil partner, if they are dependent on you.

It should be noted that if you are a student only your husband, wife or civil partner and dependent children have a right of residency. However, if you and your partner are not married or in a civil partnership, you must be able to show that you are in a sustainable relationship with one another.

Extended family members do not have an automatic right to live in the UK, such as brothers, sisters and cousins. In order to be considered, they must show that they are dependent on you.

If you do not fall under the definition ‘family member’ you cannot apply for an EEA family permit.

EEA Registration Certificate

An EEA Registration Certificate is available for EEA or Swiss nationals and is a document certifying your permanent residence in the UK under European law. This is available if you have lived in the UK for a continuous period of five years but it is important to note that you do not need a documentation establishing your right of residence in the UK if you are an EEA national.

EEA Residence Cards

If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a ‘vignette’), or it may be a separate document called an ‘immigration status document’. A residence card is normally valid for 5 years from the date when it is issued.

Documents you must provide with EEA Family permit application

For your EEA family permit application You must provide:

  • a valid passport
  • evidence of your relationship to your EEA family member, for example, a marriage certificate, civil partnership certificate, birth certificate or proof that you’ve lived together for 2 years if unmarried
  • your family member’s valid passport or national identity card (or a certified copy if you cannot provide the original)
  • proof of your dependency if you’re dependent on your EEA family member

EEA family members

For your EEA Family permit application your EEA family members will have to provide :

You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

  • working, for example, an employment contract, wage slips or a letter from an employer
  • self-employed (for example contracts, invoices or audited accounts with bank statements) and paying tax and National Insurance
  • studying, for example, a letter from the school, college or university
  • financially independent, for example, bank statements
  • Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.

 

Why we provide the best legal advice in relation to an EEA Residence & Family Permit:

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 theOffice 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 or permit including EEA family 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 EEA family permit application, thereby eliminating much of the stress of the application process.

Contact us for a successful EEA Residence & Family Permit applications:

Our experienced team of professionally qualified solicitors and barristers will guide you through the process of EEA family permit step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your human rights 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

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.

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

Commercial Dispute Resolution and Litigation

Commercial Dispute Resolution and Litigation

At some point in business, it is inevitable a problem or dispute will arise with a supplier, customer, or other third parties.

At some point in business, it is inevitable a problem or dispute will arise with a supplier, customer, or other third parties.

Whatever the situation we have the expertise to assist you in resolving the dispute. With extensive experience in dispute resolution and both High Court and County Court litigation, we will be able to guide you through the process of achieving a solution which is both effective and practical for your business.

Some of the areas in which we can assist are:

  • Contract disputes
  • Debt Collection
  • Corporate and Shareholder Disputes
  • Property and Landlord and Tenant Disputes
  • Partnership Disputes
  • Insolvency and Recovery
  • Enforcement of Judgments