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.
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.
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 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.
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.
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.
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.
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.
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.
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.
You can find information about EEA Regulations by clicking here.
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:
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.
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,
If any of the above situation applies to you, contact dedicated team of professional UK immigration solicitors at Emazon Solicitors to make further submissions.
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.
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;
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 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.
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 investors, long 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.
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.
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:
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)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
United Kingdom is a business hub and it offers great opportunities to work and live if you are investor, entrepreneurs, exceptionally talented, highly 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.