LEADING SOLICITORS OF

Office Suite 11 & 12
Kingspark Business Center,
Kingston Road, New Malden, Surrey,
KT3 3ST

+ (44) 2089495551
+ (44) 2079938403
contact@emazonsolicitors.co.uk

Mon - Fri 9.00 - 18.00
Saturday & Sunday Closed

Appeals against UK Visa and Immigration

appeal

Immigration Bill 2014 has drastically reduced the right to appeal against Immigration Decision. Only the following Immigration decisions give rise to statutory right of appeal.

(a) the Secretary of State has decided to refuse a protection claim,

(b) the Secretary of State has decided to refuse a human rights claim, or

(c) the Secretary of State has decided to revoke protection status.

Appeals are not always a straightforward issue. Drafting grounds of appeal, recording witness statements and preparing documentary evidence in an appeal bundle mostly need services of a legal professional.

There are two types of appeals.

Outside UK


If you are denied a UK visa or leave to enter, you will be informed about your right to appeal against the decision. If you have right to appeal the decision, you must submit your appeal within 28 days.

If you applied for entry clearance or visa and your application is refused without right of appeal, you can still challenge the decision through Administrative Review. If there is no right of appeal against a decision and decision is unlawful such decision can be challenged through Judicial Review. We have successfully challenged refusals of the visa officers and our clients got visas to enter UK.

Inside UK


In country appeals are against the decision of the Secretary of State for Home Department. These are usually against refusal in asylum and humanitarian protection claims, extension of further leave to remain in breach of Human Rights, curtailment of current leave or revocation of refugee status or indefinite Leave to remain or permanent residence, refusal to grant residence documents under EEA  Regulations, deportation or removal from the United Kingdom.

More information on appeals can be found at Immigration and Asylum Tribunal.

Permission to Appeal


If your appeal dismissed by the First-tier Tribunal, it does not mean you lost your case and it is an end of the world. You still have a statutory right to make an application for permission to appeal in case there is a material error of law. We have successfully challenged number of decisions through permission to appeal. In complicated cases we consult our barristers before challenging the decisions of the First-tier Tribunals.

We charge a nominal fee of £ 40 for half an hour attendance to make an assessment whether you should make an application for permission or not.

Asylum & Humanitarian Protection in UK

asylum

Asylum is an international protection to a person who suffer persecution in his/her own country on the basis of race, religion, nationality, political opinion or membership of particular social group. These reasons are also known as conventional reasons.  United Kingdom has a great tradition to offer protection to people who suffer persecution in their own countries.  Currently this protection is given under the 1951 United Nations Convention Relating to the Status of Refugees.

To be recognised as a refugee, one must have been out of his/her country and be unable to go back to their country of origin because of well-founded fear of persecution for reason of race, religion, nationality, membership of particular social group or political opinion. For further details click Asylum and Humanitarian Protection.

If someone fear risk of serious harm can make a humanitarian protection claim under the European Convention on Human Rights, which prevents the United Kingdom to send someone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment. Find full details about UK law and Immigration Rules about asylum and humanitarian protection.

Refugee Status


If you are recognised as a refugee in UK, you and your dependants will be granted 5 years limited leave to remain in UK. You will be eligible for almost same rights as of a settled person with few exceptions. If you have family members in your country of origin or somewhere else they are entitled to join you under Home Office family reunion scheme.  After 5 years residence in UK, refugee and dependant family members are allowed to make an application for permanent settlement in UK. Home Office charge no fee from refugee and his family members.

Humanitarian Protection


The UK adheres to the European Convention on Human Rights, which prevents from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment.

If you do not qualify for recognition as a refugee but Home Office think there are humanitarian reasons why should you stay in the UK, Home Office may give you temporary permission to stay in UK.

 

British Nationality & Citizenship

Living in the United Kingdom and being British citizen is different both in rights, privileges and responsibilities. If you are settled in UK with permanent rights to live in UK, you can apply for naturalisation or registration as a British citizen. There are different forms of nationality:

There are seven requirements to meet before applying for British nationality.

  • You must be aged 18 or over.
  • You must be of sound mind.
  • You must intend to continue living in the UK, or to continue in CROWN SERVICE, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK.
  • You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
  • You must have sufficient knowledge of life in the UK and English language.
  • You must be of good character. If you have criminal convictions it can delay your application to become British citizen.
  • You must be present in UK for 5 years and free from Immigration time restriction during the last 12 months.

Once your application will be accepted you need to participate in oath ceremony to become a British citizen. For children below 16 there is no requirement for oath of allegiance.

Brexit, European Nationals & Non-EEA Family Members

eu

On 23 June 2016 UK voted to leave EU. It is schedule to depart on 23 March 2019. UK government's policy towards EEA nationals and their family members after departure is still under consideration.

Currently the EEA nationals has right of free movement, it means they are free to live, work and to run business anywhere in UK. The European Economic Area (EEA) consists of Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Romania, Bulgaria and the UK. Although Iceland, Liechtenstein, Swiss and Norway are not members of the European Union (EU), their citizens have the same rights as EU citizens to enter, live in and work in the UK.

The family members (spouse, children, parents and extended family members) of EEA national are entitled to live together irrespective of their nationality.  EEA nationals are not required to apply for immigration documents but if they wish to apply for such documents they will apply for Registration Certificate. However the non-EEA national family members need residence documents. There are two types of residence documents for non-EEA family members.

Outside UK


If you are a family member of an EEA national and you are coming from outside UK to join an EEA national family member, you need to apply for entry clearance from your country of origin, if you are a citizen of a visa national country.  You will be issued family permit to enter and live in UK. To apply for an entry clearance you need to go to Visa4UK or you can complete VAF5 form for residence permit.

Inside UK


If you are already inside UK and you wish to apply to UK Visa & Immigration, you need to apply for Residence Card.  The relevant form for residence card is EEA2 residence card form.

You can find information about EEA Regulations by clicking here.

Permanent Residence


If you have lived in UK for 5 years in accordance with EEA regulations as a qualified personwho exercised treaty rights, you can apply for permanent residence. You are said to be exercising Treaty rights if you are:

  • employed or self-employed; or
  • studying; or
  • economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
  • a jobseeker; or
  • retired; or
  • someone who has had to cease working in the UK owing to permanent incapacity.

British Nationality


Member of the EEA community are not subject to Immigration Control. If you have lived in UK for 5 years and you exercised your treaty rights and you also fulfil the requirements to be a British citizen, you can apply to a British citizen. However your Non-EEA family members are subject to immigration control and they can only apply for Naturalisation after getting permanent residence in UK.

Failed Asylum Seeker

failed-asylum

Asylum seeker is a person who is outside his country and due to risk to life, liberties and fundamental Human Rights is unable to return to his/her country of origin. UK immigration rules recognise such person as a refugee. Each years thousands of people make asylum claims in UK, but all are not accepted due to lack of evidence, change of circumstances or credibility of the claimant. Currently there are huge number of failed asylum cases which are categorised as old cases.

If you are a failed asylum seeker and your have following circumstances,

  • You have new evidence which was not available to you at the time of asylum and evidence is relating to your asylum claim and it supports your claim.
  • The circumstances in your country have changed and it is not possible for you to return back to your country safely.
  • You have established a family life with a settled person in UK.
  • You have children with a settled person in UK.
  • You have children who are born in UK and lived for 7 years in UK or born abroad but lived half of their life in UK.
  • We are partner, spouse or extended family member of an EEA national who is qualified person exercising treaty rights in UK.
  • You fear a genuine risk to your life, liberties and fundamental  or Human Right and due to that fear you are unable to return to your country.

If any of the above situation applies to you, contact dedicated team of professional UK immigration solicitors at Emazon Solicitors to make further submissions.

Immigration Bail & Detention

bail-detention

UK Border Agency usually detain people who have no immigration status in or to change or re-categorize their immigration leaves or to deport them. Our immigration team will help and advice you to challenge the detention and apply for temporary admission or Immigration Bail and if you are served with deportation order we will advise and assist you to revoke the deportation order. We will visit you in any detention centre if necessary otherwise we will take your instructions over the phone.

While you are in detention, it is your right to make an application for Immigration Bail. We can visit you in prison or detention anywhere in England & Wales to take your instructions to make your bail application. The bail applications are fixed in the First-tier Tribunal Immigration and Asylum Chamber. Relevant form for immigration bail application is Form B1.

Judicial and Administrative Review

We represent our clients in all the courts including the High Court, Court of Appeal, Supreme Court and European Court of Human Rights. In cases where you do not have a right of appeal, you can still challenge the decision by way of Judicial Review. Judicial review is a procedure by which some one affected by a decision, action or failure to act of a public authority including UK Border Agency may make an application to the High Court or Upper Tribunal Immigration and Asylum Chamber. Court will decide whether the authority has acted lawfully or unlawfully.

Here are few examples of acting unlawfully;

  • An act without the legal power
  • So unreasonable that no reasonable decision-maker could have come to the same decision or done the same thing
  • Unfairness and without observing the principle of natural justice
  • in breach of European Community Law or the Human Rights Act

There is a 3 months deadline for making an application for judicial review, from the date of the act or omission that is being challenged, although there is an obligation on the person wishing to make an application for JR to act promptly.

Overstayer in UK

Overstayer is a person who entered into UK with a valid leave to enter or leave to remain but leave runs out and now living without leave. Overstayer is expected to leave UK under the UK Immigration Laws, alternatively he/she is liable to be detained and removed from UK.

If you are an overstayer but you fall in any of the following situations, you may be able to make an application as an overstayer for getting some sort of leave to remain in UK,

If any of the above situation applies to you contact dedicated team of professional UK immigration solicitors at Emazon Solicitors.

Permanent Settlement (ILR)

ilr

Indefinite Leave to Remain gives you right to settle permanently in the United Kingdom. Indefinite Leave to Remain leads you to British Nationality.

There are different routes and categories for permanent settlement in the United Kingdom and each category has it’s specific requirements. Most common categories for permanent settlement are, spouses, High value migrants like business entrepreneurs and investorslong residence, refugees and persons granted with humanitarian protection.

We are proud of our highest success rate in our permanent settlement applications. Our immigration specialist team have immense experience to advise and assist you to make your permanent settlement application  in your category.

Same Day Service/Premium Service

premium

Uncertainty with regards to the immigration situation can cause a lot of stress to many people. We at Emazon Solicitors, offer the same day/premium service for your UK Visa Application. There are lots of advantages in using the same day/premium service.

  • It greatly reduces anxiety and uncertainty.
  • Not required to book an appointment with the Home Office.
  • Not required to wait for long for paperwork to be completed.
  • Application will be completed by the most qualified immigration consultants.
  • A legal representative from Emazon Solicitors will be there to help you on the day of your appointment and will submit the case on your behalf.

Public Enquiry Offices (PEO) accept applications for permission to extend your stay (known as “limited leave to remain”) or to settle permanently (known as ”indefinite leave to remain”) in the UK, in the categories below:

General


  • Husband, Wife, Civil Partner, Unmarried Partner or Same-Sex Partner

        Forms FLR(M), SET(M), FLR(O), SET(O)

  • Children

         Forms FLR(O), SET(O), SET(F) (only if the child entered the UK with the correct entry clearance)

  • Visitor

         Forms FLR(O) (for medical visitors, academic visitors and parents accompanying children under 12 years of age who are receiving private education in the UK)

  • Transfer of conditions into a new passport

Forms NTL (for transferring indefinite leave to remain), TOC (for transferring temporary permission to stay)

Points-based system


  • Tier 1 (General) extension
  • Tier 1 (Investor) Initial and extension (Under super premium service only, at PEO Croydon)
  • Tier 2 (General)
  • Tier 2 (Intra company transfer)
  • Tier 2 (Minister of religion)
  • Tier 2 (Sportsperson)
  • Tier 4 (General)
  • Tier 4 (Child)
  • Tier 5 (Temporary worker – creative and sporting)
  • Tier 5 (Temporary worker – charity worker)
  • Tier 5 (Temporary worker – religious worker)
  • Tier 5 (Temporary worker – government authorised exchange)
  • Tier 5 (Temporary worker – international agreement)
    dependents of migrants under the points-based system
    form PBS (Dependent)

Work outside the points-based system and settlement


  • Domestic worker in a private household – forms FLR(O) and SET(O)
  • Offshore worker – form FLR(O)
  • work permit applications –
  • Form FLR(IED) and SET(O)
  • Tier 1 (General) – SET(O)
  • Tier 2 – SET(O)
  • UK ancestry – forms FLR(O) and SET(O)
  • Medical studies
  • Postgraduate doctor or dentist – form FLR(O)
  • Professional and Linguistic Assessments Board (PLAB) test – form FLR(O)
  • Clinical attachment – form FLR(O)

Study in UK

United Kingdom is recognized as a global center of quality education in the world. Four out of top six world universities are in the United Kingdom. Each year around half a million international students come to United Kingdom for studies. Our team of professional solicitors and advisers have a profound knowledge and experience to help and advise you to make a successful visa application as a student and if you are already studying in UK to make an application for extension/further leave to remain.

Tier 4 (General) 

As a Tier 4 (General) student, you must have 40 points in our points assessment. 30 points for having a valid confirmation of acceptance for studies, which you get for studying a course at an acceptable level with an approved education provider and for having acceptable English language skills. 10 points for having enough money to cover your course fees and living costs. You can calculate your points on point calculator.

Tier 4 (Child)

As a Tier 4 (Child) student, you must have 40 points in our points assessment. 30 points for having a valid confirmation of acceptance for studies, which you get for studying a course at an acceptable level with an approved education provider. 10 points for having enough money to cover your course fees and living costs. You must have care arrangementsin UK.

Student Visitor

If you are an adult and you want to undertake a short course of study in the UK such as a beginner’s English Language course or a work-related training course, you might be able to come here as a student visitor. Student visitors are allowed to come to the UK for 6 months or 11 months if they will be studying an English Language course. When you enter the UK, UK immigration will stamp the duration of your permission to stay in your passport. You cannot extend your stay beyond this period.

Child Visitor

The child visitor category is for children aged under 18 years old who want to come to the UK for up to 6 months or up to 12 months if they are accompanying an academic visitor. This includes children who want to study in the UK for up to 6 months. If a child wants to study here for more than 6 months, they must apply under Tier 4 (Child).

Student applicant are no more entitled to challenge the refusal of visa application or further leave through appeal, however, an incorrect and unlawful decision can still be challenged successfully through Administrative Review or Judicial Review.

Visiting UK

United Kingdom is a great tourist destination in the world. Over 30 million people visit UK each year, half of it visit London attractions. People also visit UK to find business opportunities, to watch or participate in sports or for a medical treatment. Each category has it’s specific requirements.

General Visitors

Making an application for visit visa is not too difficult and it’s information can be found from UK Visa & Immigration. However if your application will be prepared by an immigration solicitor it would be more in accordance with the requirements of immigration rules. If you need our advice or assistance to prepare your visitor visa application in any category, we will charge a minimal legal cost fee for it. We assist our client all over the world no matter where you are. You can contact us online.

Family Visitors


Keeping in touch with family members is very important. People living in UK have their families members all across the world. We offer full legal service for family visitors to advise and   prepare the visa applications. In case your visa application is refused you can contact our immigration solicitors for assistance. We have immense experience of challenging visa refusal decisions through administrative review or judicial review.

Business Visitors


If you want to do business in the UK, you should apply to come here as a business visitor or as a child visitor if you are under 18. This includes academic visitors, and doctors undertaking clinical attachments or the PLAB test. If you want to come to the UK as a Tier 1 (Entrepreneur), and you need to spend time here first in order to hold discussions and secure funding, you can apply for a visa as a prospective entrepreneur. If you want to come to the UK as a visitor to do short-term, fee-paid activity you can apply for a visa as a permitted paid engagement visitor.

Student Visitors


If you want to study in the UK for up to 6 months or up to 11 months if you will be studying an English Language course, and you will not work while you are here, you can come here as a student visitor or as a child visitor if you are under 18. For full details of student visa click UK Visa & Immigration.

If you have a child aged under 12 who will be studying in the UK under Tier 4 (Child) of the points-based system, you can apply to accompany them as a parent of a child at school. You will be allowed to work or set up your own business. for full details click UK Visa & Immigration.

Sports Visitors


If you want to take part in any sporting events in the UK, you might be able to come here as a sports visitor or a visitor undertaking permitted paid engagements or as a child visitor if you are under 18. For full detail click UK Visa & Immigration. If you do not meet the requirements to be a visitor, you will need to apply under Tier 5 of the points-based system.

Fiancé Visa


If you want to get married or register a civil partnership in the UK, you should apply to come here as a visitor for marriage or civil partnership. If you want to live in the UK after you get married, you need to switch as husband, wife or partner. See the details at UK Visa & Immigration.

Visa for Medical Treatment


If you want to receive private medical treatment in the UK, you should apply to come here as a visitor for private medical treatment. For full details click UK Visa & Immigration.

Working in UK Point Based System (PBS)

United Kingdom is a business hub and it offers great opportunities to work and live if you are investor, entrepreneurs, exceptionally talentedhighly skilled person or a job offer from a UK business. Each year thousands of people come to UK to be successful as an entrepreneur or to prove their talent and potential.

Point Based System


Migrating to UK in work category is now assessed through a point based system known as Tier 1, Tier 2 and Tier 5. These categories are for the Non-EU citizens. Each category has different requirement.

  • Tier 1 (Exceptional talent) category is for people who are internationally recognised as world leaders or potential world-leading talent in the fields of science and the arts, and who wish to work in the UK. Application can be made from outside UK for Entry Clearance and from inside UK for leave to remain or variation of leave to remain. Currently UK government has limited 1000 applications in a year. Click for Points criteria for this category. If you are applying for this category, you will get 3 years leave on initial application and then 2 years extension. After completing 5 years residence with this category you will be eligible to apply for settlement in UK. Your dependent family members are allowed to join you in UK.
  • Tier 1 (Entrepreneur) is for migrants who want to invest in the UK by setting up or taking over, and being actively involved in the running of, a business or businesses in UK. Prospective applicant need to show availability of funds for investment in UK. Application can be made from outside UK for Entry Clearance and from inside UK for leave to remain or variation of leave to remain. If you are applying for this category, you will get 3 years leave on initial application and then 2 years extension. After completing 5 years residence with this category you will be eligible to apply for settlement in UK. Your dependent family members are allowed to join you in UK.
  • Tier 1 (Investor) category is for prospective applicants who want to make a substantial financial investment in the UK. You do not need a job offer to apply in this category. UK visa & Immigration will assess your application based on your ability to invest minimum £2,000,000 in the UK. You can invest in UK government bonds, share capital or loan capital in active and trading UK registered companies. You will be allowed to bring your family and work or study.
  • Application can be made from outside UK for Entry Clearance and from inside UK for leave to remain or variation of leave to remain. If you are applying for this category, you will get 3 years leave on initial application and then 2 years extension. Settlement in UK or Indefinite Leave to Remain is subject to the amount of investment. You can accelerate your settlement after 2 years if you invest £10 million or 3 years if you invest £5 million.
  • Tier 1 (General) category is now closed but if you have previously granted leave to remain in this category, you can apply for settlement. If you have a Tier 1 (General) visa, your family members are entitled to join you in UK. 
  • Tier 1 (Graduate Entrepreneur) category allows MBA and other graduates to extend their stay after graduation to establish one or more businesses in the UK. It is also for Non European overseas graduates who have been identified by UK Trade Investment as elite global graduate entrepreneurs who intend on establishing one or more businesses in the UK.
  • Tier 2 (General) visa category is for those persons who got job offer from UK employers. All you need is certificate of sponsorship with job offer for £30,000 or more annual salary, to pass an English language test, £945 maintenance funds in your account for 90 days before making the application. You can have a second job in the same sector and at the same level as your main job for up to 20 hours per week and another 20 hours per week for a job in the shortage list. You will get 3 years leave and then an extension of further 3 years. Your can bring your family to UK. You can study if your work will allow. You and your family will not be eligible for public funds. 
  • Tier 2 (Intra-company Transfer) visa category is for those persons who’s oversees employers offer job in UK. You need a certificate of sponsorship from your employer. There are four sub categories, (1) Long-term Staff, this visa is for transfers of more than 12 months into a role that can’t be filled by a UK recruit. You need to have worked for your employer for at least 12 months. You will be granted 3 years leave extendible to further 2 years. (2) Short-term Staff, this visa is for transfers up to and including 12 months into a role that can’t be filled by a new UK recruit. You need to have worked for your employer for at least 12 months. This leave is extendible for further 12 months. (3) Graduate Trainee, this visa is for transfers into graduate trainee programmes for specialist roles. You need to be a recent graduate with at least 3 months’ experience with your employer. This leave is extendible for further 12 months. (4) Skills Transfer, this visa is for transfers that allow people to gain skills and knowledge needed to perform their role overseas, or to pass on their skills to UK colleagues. You need to be a recent graduate. You don’t need to have been with your employer for a set period of time. This visa is for 6 months extendable for further 6 months. All Tier 2 (ICT) migrants are entitled to bring their families in UK.
  • Tier 2 (Minister of Religion) visa category if for those persons who are offered job within a faith community (eg as a minister of religion, missionary, or member of a religious order) in the UK. You need a certificate of sponsorship from your faith organisation and to pass English language test. This leave is for 3 years and extendable for further 3 years.  You can do a second job but you need permission from Home Office. You are entitled to bring your family in UK.

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