Privilege Solicitors offer a comprehensive range of Immigration legal services
Our specialist team of immigration solicitors and caseworkers provide secure legal advice & representations. We believe in providing honest and transparent immigration advice. We never exaggerate chances of success as we do fully understand the vulnerable and stressful circumstances surrounding cases. We have a team of immigration solicitors, who are multi-lingual. They can also provide consultation in Hindi, Punjabi, Kashmiri, Urdu. If you require to consult us in other languages, we can arrange for qualified interpreters. It is our policy to ensure that the client is understanding the advice and is able to instruct properly.
We offer our services at hourly rates and fixed fee basis. We will advise you on the costs involved after initial consultations, and then you make up your mind if you want to take the matter further. Rest assured that if we take your immigration matter on a fixed fee basis, we will always advise you of the cost before we take up the matter and there will be no additional charges.
No doubt the UK Immigration is becoming tough and more demanding day by day. The ratio of the Home Office refusals increasing at high level.
We can bring the highest level of expertise to your immigration matter. We are committed to provide successful services to all our clients in relation to their immigration matters:
- We choose the correct immigration route.
- We provide accurate guideline based on required evidences and documentations.
- We update on each step of the case.
- We believe our client success is our success.
During the immigration consultation session, the client’ attention will always be drawn to the strengths and weaknesses of their case. We work very closely with clients to correctly submit their case and provide guidance on the collation of documentation.
We address all the questions to clients may have in relation to their immigration matter, including any technical and procedural questions relating to requirements of the immigration rules and procedures.
Our Legal Services
How can we help you? Let us know what you need and we’ll put you touch with the right expert.
The quality of our work is repeatedly demonstrated by the very high success rates achieved in cases that we take on. Various immigration services can be summarised and categorised as below:
- British Citizenship applications
- All Visit Visas applications
- Asylum and international protection claim
- Entry clearance applications for UK spouse visas from outside the UK
- Switching visa categories from within the UK
- Visa extensions from within the UK
- Long residence applications
- Applications for indefinite Leave to Remain (ILR)
- EU Settlement Scheme
- Point Based Applications
- Private life and human rights-based applications
- Immigration appeals and administrative reviews
- Premium Service Appointment
We understand how important it is for the clients and their families to finally settle and make the UK their permanent home. If you are thinking of applying for British Citizenship, our Specialist British Citizenship team will provide the best immigration advice and representation to assist you to become a British citizen.
There are several ways to become a British citizen. Some individuals may be born as British citizens, other will need to be registered as British, but most commonly individuals that have resided lawfully and settled in the UK will need to apply for naturalisation as a British citizen.
If you have obtained Indefinite Leave to Remain, or Permanent Residence, you may be entitled to apply for naturalisation as a British citizen. This will be subject to meeting certain requirements such as your age, residence, character, and assessments. Our team of immigration solicitors will assist you to show that you meet the following requirements:
- You are over 18 years old at the point of applying
- You will continue to live in the UK
- You have passed the ‘Life in the UK’ Test
- You will need to show that you have, as a minimum and depending on your immigration status resided in the UK for 5 years and in possession of ILR for at least 12 months
- You will need to show that in the last five years you have not been outside the UK for more than 450 days and 90 days within the last 12 months
- You have had indefinite leave to remain for the last 12 months
- You will need to show that you have not broken any immigration laws in the UK
- You are of a good character and sound mind
A visitor visa allows you to enter the UK for up to 6 months in a 12-month period on more in some case. This type of visa caters for people wanting to travel to the UK on a temporary basis. The general visitor category will apply to holidaymakers and non-EEA nationals wishing to visit friends or family.
General visitors are not allowed to work, study, marry or form civil partnerships or receive private medical treatment and must be able to fund their trip. It is important to be able to demonstrate a clear intention to leave the UK at the end of the visit.
In addition, to the general visitor category, there are number of variants of visit visa that will allow an individual to undertake a specific task. These include:
- Visitors seeking temporary entry for the purposes of marriage
- Student visitors
- Prospective entrepreneurs
- Sports visitor
- Entertainment visitor
- Visitor for private medical treatment
- Parent of a child at school
- Visitors under the Approved Destination Agreement with China.
Regardless of the purpose of the visa, the conditions that apply to a general visitor apply to most other visitor categories listed above in that the visa is issued on a temporary basis and the applicant must show a clear intention to return to their country of origin at the end of their visit to the UK.
For more detail, speak to our assessment team now to confirm your eligibility and options.
Spouse Visas from outside the UK
If your Spouse, Civil Partner or Partner is a British Citizen or settled in the UK, you can apply to join them by applying for a Spouse/Civil Partner/Unmarried Partner Visa, which if granted will allow you initial residence in the UK for 30 months. For your visa application to be granted you must meet the strict requirements set out in the Immigration Rules. We can assist you through the whole process.
What are the requirements for a Spouse visa/Civil Partner/Unmarried Partner visa?
There are two routes to settlement: a 5 year and a 10-year route. To succeed on the shorter 5-year route, you will have to satisfy all the requirements such as the suitability requirements, relationship requirements, immigration status requirements, financial requirements, and English Language requirements.
If the requirements are met, and you are placed on the 5-year route to settlement, then you should be given an initial visa for a period of 30 months.
If you cannot meet all the requirements but satisfy the suitability requirements and fall into one of the categories in the exceptions, then you may be granted a visa as part of the 10-year route to settlement.
To summarise, you will have to prove:
- that you meet the suitability requirements
- that you are both over 18
- that you are not closely related to your partner
- that you have met your partner
- that you are in a genuine and subsisting marriage, civil partnership, or relationship
- that you were free to marry
- that you intend to live together permanently
- that your partner, the UK Sponsor has a gross income of £18,600 p/a plus an additional £3,800 for one child applying and an additional £2,400 for each further child applying. Alternatively, by having the requisite amount of savings. This requirement is not applied if the sponsor is on certain types of disability benefit or carer allowance.
- Proof of English Language at level A1 of the CEFR for Languages.
For more detail, speak to our assessment team now to confirm your eligibility and options.
Switching visa categories from within the UK
Switching from one immigration category to another, from inside the UK, is not always straightforward. Many categories will have restrictions on who is permitted to switch, and these lead to mandatory refusal of visa applications which breach them. Switching immigration category can be a complicated process, and usually more complex than an initial visa application.
Below is a summary of who can and who cannot switch, and into which categories. This is not exhaustive of all scenarios under the Immigration Rules, so if you would like to speak to an expert about your specific circumstances, you can call us for more detail.
This is a short-term visa which restricts travel to the UK to 6 months per trip. It covers travel for personal reasons, tourism, and limited business reasons.
What can you switch to?
It is generally not possible to convert your status from a visitor to any other immigration category. There are some (very limited) exceptions, but for most individuals who entered as a general tourist, there is no scope for switching. It may be possible to extend your time in the UK, but only if there are compelling medical or other reasons.
What can’t you switch to?
There are almost no immigration categories which expressly permit a visitor to switch to them, including a marriage visitor who has married here and now wishes to stay. Note however that time in the UK as a visitor is lawful residence, and so may be included in a calculation of an individual’s long residence in the UK.
Family visas (partners, children, parents, adult dependent relatives)
Longer-term visas which permit applicants to be reunited with family already settled in the UK. Leave to enter can be indefinite in some routes, but for those with limited leave it is usually granted 2.5 years at a time. All routes lead to settlement upon completion of qualifying residence.
What can you switch to?
It is possible to switch amongst these family routes. For example, an applicant who enters as a partner could secure an extension as a parent if the marriage breaks down but there is an ongoing relationship with a child. It is also possible to secure leave based on private life rather than family life, but only where the specific private life requirements are met.
What can’t you switch to?
Applicants in these categories will find themselves unable to switch to economic categories (eg worker or entrepreneur). A fresh overseas visa application would be needed instead.
Economic categories (highly skilled, investors, entrepreneurs, workers, temporary workers and students)
Longer-term visas which allow applicants to enter the UK for a specific economic purpose (eg to work or to study). Leave is usually granted for anything from 6 months to 5 years, and settlement can be attained in some categories.
What can you switch to?
Switching between these categories may be permitted, but numerous restrictions apply. For example, Tier 4 students generally may not switch into the Tier 1 (Entrepreneur) route but are permitted to switch to Tier 2. It is also possible to switch from these categories to the family and private life categories; a worker who establishes a qualifying relationship with a British citizen may switch to rely on their relationship instead of their work, for example.
What can’t you switch to?
Some categories are very restrictive, an example being Tier 2 (Intra Company Transfer). Note that Tier 2 options not only have difficult switching requirements (where it is even possible), but also impose a 12-month ‘cooling off period’ preventing a new UK Tier 2 visa application for a year after departure in the Tier 2 category. There are very limited exceptions to the cooling off principle.
This visa category allows the family members of economic migrants to accompany them to the UK.
What can you switch to?
Switching is possible for some categories, but often the individual simply would not qualify for other options in any event. A notable exception is the ability for a student dependant to switch into the worker category – this is possible, but difficult requirements are imposed.
What can’t you switch to?
Switching to other economic routes is restricted. The general principle is that the individual will remain a dependant of their PBS sponsor, and their leave will remain ‘tied’ to that of the sponsor.
Visa extensions from within the UK
If you are seeking an extension on your visa, we can assist in the process to ensure proper completion of required documents in a timely manner. Our immigration lawyers take the time to learn more about your long-term objectives to ensure your visa application is in line with your future. To avoid further challenges, let our team of immigration experts handle your case.
Our staff will work to ensure you meet the requirements for an extension and provide step-by-step guidance on the timeline and overall process necessary for acceptance. To do this, we will gather all necessary information from you, and tailor our approach to your future. We will work tirelessly to maximize the chances of acceptance for your visa acceptance.
If you have already extended your visa and believe you could be eligible for Permanent Residence, then please get in touch and we will take you through the requirements for Permanent Residence/ Indefinite leave to Remain.
Long residence applications
If you have completed 10 years continuous lawful residence in the United Kingdom you may be entitled to apply for indefinite leave to remain (ILR) in the UK under the Long Residence Rule. This category provides a path to permanent residence for people who hold or have held visas that do not necessarily lead to ILR including visit and student visas.
The basic requirements for a long residence application are that you have held continuous lawful visa permission for 10 years and that you have not been absent from the UK for more than 18 months over the 10-year period.
Previous applications that have been submitted to the Home Office late may impact on the prospects of a successful 10 Year application.
Our expert immigration solicitors will guide you through the complex evidential requirements and assist you from start to finish with your application. We will take the worry out of the process and ensure the application satisfies the legal requirements for obtaining indefinite leave to remain under the Long Residence Rule.
Applications for indefinite Leave to Remain (ILR)
The UK immigration rules allow various categories of migrant nationals to settle in the UK. This is known as indefinite leave to remain (ILR) but is also referred to as settlement and permanent residence and is the right to remain in the UK with no time limit or restriction on employment or business activity.
Before ILR can be granted, a migrant must satisfy various requirements – one of which is to show that they have sufficient knowledge of English and of life in the UK. We are specialists in helping migrants settle in the UK and have extensive knowledge of the legislation related to immigration.
As specialists in UK immigration law, we will thoroughly review your documents to ensure your application for permanent residence is successful. Our immigration lawyers are proud of their extremely high success rate and can offer a full service to clients who require advice and assistance with their applications for ILR.
Applications can be made in the following categories:
Spouse or unmarried partner of a person present and settled in the UK
You can qualify for ILR as the spouse, civil partner or unmarried partner of a British citizen or someone who is settled here, following the completion of the initial five-year probationary period.
Employed in the UK for the past five years
Settlement can be granted for those who have been living in the UK under one or more of the following categories for the past five years:
- Tier 1 of the points-based system (investors, entrepreneurs and exceptional talent migrants)
- Tier 2 of the points-based system (general, sportspeople and ministers of religion)
- Sole representative of an overseas business
- A private servant in a diplomatic household
- A domestic worker in a private household
Tier 1 investors and entrepreneurs can benefit from an accelerated route to settlement if certain conditions have been met, such as the size of the investment made, which is as follows:
- £10 million investment – two years to settlement
- £5 million investment – three years to settlement
- £2 million investment – five years to settlement
Investors and entrepreneurs will be able to apply for IRL after three years if the company has generated a £5 million turnover or has created 10 full-time roles for resident workers for at least 12 months. Alternatively, an application can be made after five years.
For skilled workers employed under Tier 2 of the points-based system, a minimum required income will need to be satisfied when applying for settlement. This means that applicants must be paid at least a minimum salary of £35,800 from 6th April 2019 in order to qualify for ILR. This will rise in 2020 to £36,200 and increase to £36,900 in 2021.
In all cases of settlements related to employment, applicants should not have been absent from the UK for more than 180 days during any 12-month period.
If you have been granted leave as an innovator, you may be able to settle in the UK after three years if you meet certain milestones for your business.
Global Talent migrant
If you have been granted leave as a Global Talent migrant, you would be able to settle in the UK once you have been in the country for:
- three years with an exceptional talent visa
- three years with an exceptional talent endorsement in science
- three years with an endorsement under the UKRI-endorsed funder scheme
- five years with an exceptional promise in either arts and culture or digital technology
Been a resident in the UK for a long time
Applicants who have been long-time residents in the UK must be able to show evidence of 10 years of continuous and lawful residence in order to qualify for settlement in the UK.
Family members of a settled resident
Specific relatives that are dependent on a settled person currently living in the UK can apply for indefinite leave to remain. These include:
- Children aged under 18
- An adopted child aged under 18
- A parent, grandparent or another dependent relative aged 18 or over
Settlement applications can also be made for people under the following categories:
- UK ancestry
- A dependant of somebody under the points-based system
- Victims of domestic violence
- A sole representative of an overseas firm
- Bereaved partners
- Nationals of Turkey, Romania or Bulgaria established in business based on the European Community (EC) Association Agreement
- Persons granted exceptional leave to remain, discretionary leave or humanitarian protection.
EU Settlement Scheme
It is still possible for EU citizens and their family members to apply for EU Residence Cards and Family Permits under the EEA Regulations. However, now that the UK has left the EU and is in the transition period, it would usually be advisable to apply under the EU Settlement Scheme.
The EU Settlement Scheme: EU Settled and Pre-Settled Status
All EEA nationals and their family members who were resident in the UK before 1 January 2021, and who can demonstrate this, can make an application under the EU Settlement Scheme for either settled status or pre-settled status.
Holding settled or pre-settled status enables EEA nationals and their family members to continue to live, work and study in the UK. The closing date for making applications is 30 June 2021 (other than in relation to certain family members).
EEA nationals and their family member(s) who have lived in the UK for a continuous period of five years are able to apply for settled status, officially called Indefinite Leave to Remain (ILR), under the EU Settlement Scheme.
In order to be eligible for ILR, the applicant only needs to have been resident in the UK for a continuous five-year period. They are not required to have worked in the UK, held comprehensive sickness insurance or otherwise have been a ‘qualified person’. Certain periods of absence will be discounted.
EEA nationals and their family member(s) who have not lived in the UK for a continuous period of five years will be granted pre-settled status (also known as limited leave to remain). This can be converted to ILR after five years.
Again, there are no specific requirements that an applicant needs to meet other than being a resident of the UK.
The Home Office’s position is that its caseworkers will look for reasons to grant applications. Applicants may be refused for reasons of suitability, for example, if they are serious or persistent criminals or pose a security threat to the UK.
EU Settlement Scheme applications are made online. An app is available to use for those who have access to a compatible device.
Those making an application through the app will be able to scan their identity documents and will be able to use their National Insurance number as evidence of their residency in the UK, with the Home Office then making relevant checks with the HMRC, DWP, etc. Alternative evidence can be relied on if the applicant has not held a National Insurance number throughout the period of residence they wish to be taken into account.
There are alternative measures in place for those who do not have access to the app.
There is no government fee to make an application under the scheme and the Home Office expects to make a decision on the majority of cases within two weeks.
Naturalisation as a British citizen
Under current legislation, anyone who holds an EU Permanent Residence document is able to stay in the UK indefinitely. They can apply to naturalise as a British citizen after demonstrating that they have been free from immigration restrictions for 12 months, unless married to a British citizen, in which case they are eligible to apply to naturalise immediately.
The same applies to those who have settled status under the EU Settlement Scheme, other than they will need to provide evidence that they exercised what are known as treaty rights in the UK.
EU Settled and Pre-Settled Status Scheme applications: How we can help
The vast majority of EEA nationals and their family members will be able to make an application via the app without the need for assistance.
Point Base Applications
Tier 1 investor applications
This visa is available for migrants who have £2 million to invest in the UK and offers a path to settlement in the UK.
You may be considering a move to the UK under the investor visa or you may already be here. We can help you understand your options, provide you with comprehensive advice on the visa and guide you through the application process. We will work with you beyond the acquisition of the visa to ensure you are set up to remain compliant with your visa and ultimately meet your UK immigration goals.
When considering an application for a Tier 1 Investor visa, you might be tempted to focus solely on the visa process. It is, however, very important that you take proper tax advice as early as possible. We work closely with our tax team who can help you understand the UK system and advise on what steps you should take and when. Together, we co-ordinate the tax and immigration aspects in a way which best suits you.
When we are instructed on a Tier 1 Investor visa, we begin by understanding your long-term immigration goals. This enables us to provide strategic advice at the outset, so you reach your goal as soon as possible. The Tier 1 Investor visa is subject to several set criteria and it is important to ensure you are best placed to meet these from the beginning. Failure to do so can be fatal to future applications to remain in the UK so this early planning is critical.
We will advise you on the process, documentation, and requirements of the visa. We recognise that investors lead very busy lives and may need a service where most of the work is handled for you. On the other hand, you may want to be actively involved in the process. We tailor our service to your needs.
We can assist in complex cases as well as more straightforward matters where the most important thing is ensuring the pre-immigration planning is properly conducted. Our aim is to make sure you are well placed to begin or continue your journey as a Tier 1 Investor.
The Tier 2 (General) Visa enables British businesses to employ the most talented and skilled employees from around the world. This visa is open to workers from outside the European Economic Area (EEA) who have been offered a skilled job from a UK employer.
Our Tier 2 Visa lawyers work with skilled employees from across the global marketplace who intend to work in the UK under a Tier 2 Visa. We provide straightforward and practical advice for your application to ensure your skills and suitability for the role are clearly demonstrated. Please get in touch today for expert advice and support with your Tier 2 application.
Can I apply for the Tier 2 (General) Visa?
You can apply for the Tier 2 Visa if you satisfy all the eligibility criteria, which includes:
You are from outside the EEA and Switzerland
You have been offered a skilled job from a UK employer
Your prospective employer has provided you with a valid certificate of sponsorship
Your prospective employer will pay you an appropriate salary
You have a good knowledge of the English language
You have an adequate amount of money to support yourself and any dependants when you come to the UK
What is the certificate of sponsorship and how do I get one?
If your prospective employer is licensed to sponsor workers for Tier 2 Visas, they will be able to issue you with a certificate of sponsorship, which proves you have the required skills to perform in the role offered to you. The certificate is an electronic file that holds important information about you and your role. You will be provided with the reference number of your certificate by the employer, which you must include in your application.
What rules apply to the Tier 2 Visa?
Under the Tier 2 (General) Visa, you will be entitled to stay in the UK for up to five years and 14 days or for the period detailed in your certificate of sponsorship plus one month – whichever is shorter. You will be able to bring family members with you to the UK, including your spouse or partner and your children under 18. You are also permitted to undertake voluntary work, study (if it does not have an impact on your job) and travel abroad and return to the UK.
Why do I need a lawyer to help with my Tier 2 Visa application?
Immigration law in the UK is a complex body of rules and regulations. When applying for entrance to the UK, it is, therefore, highly recommended that you are supported by a specialist UK immigration lawyer. This is particularly important when applying for a Tier 2 Visa, which has extensive eligibility criteria and a long and varied list of documentary evidence that must be provided in support of your application.
Our Tier 2 Work Visa lawyers can support you throughout your application, including obtaining your certificate of sponsorship, ensuring you have all the required documentation and helping your family members with their visa applications. We listen carefully to your requirements and respond with tailored and practical advice so that you get the outcome you need as quickly as possible.
UK student Tier 4 visas
Tier 4 of the points-based visa system is focused on non-EEA nationals that wish to come to the UK for the purpose of studying.
To successfully apply under this category, applicants must meet the minimum threshold of points that are provided with a Confirmation of Acceptance of Studies (CAS), and by meeting the relevant maintenance funds and English language requirements.
If you’re looking to apply for a Tier 4 Student visa, our experienced immigration solicitors can help you to make a successful application.
As specialists in immigration law, we can offer a full service to clients that require advice and assistance with their immigration matters. We provide guidance on the following:
- Obtaining a CAS from your educational establishment
- Preparing a Tier 4 application
- Applying for a Tier 4 visa extension
- Providing assistance in switching your immigration status
Our immigration lawyers will consider your circumstances and advise you on the appropriate action to take. We will help you to prepare all documentation and liaise with the Home Office throughout proceedings to ensure you receive a successful outcome.
To successfully apply for a Tier 4 visa, applicants must score 40 points in total:
- 30 points for having a valid CAS
- 10 points for English language understanding and having available maintenance funds
For applicants in the UK, applications can be made online, while those applying at an overseas UK visa issuing post will need to complete an online entry clearance application and book an appointment with VFS Global or TLScontact in their country of residence.
Non-EEA nationals applying for this type of visa will require the educational establishment that they wish to study at to provide them with a CAS to study on an acceptable course and will also need to have their maintenance funds considered.
Private life and human rights-based applications
You may be in the UK and either come to the end of your visa or already overstayed and have no legal right to be in the UK but feel that you cannot return to your country of origin for a multitude of reasons and that removal from the UK will adversely affect your or someone else’s human rights.
Examples of such circumstances may be a right to a family life with a qualifying child, been part of family court proceedings, having been in the UK for a very long period of time or an inability to reintegrate back into life in your own country. In such circumstances you may be able to make an application based on human rights or sometimes referred to as “outside the rules” and or may have a right to appeal if the Home Office has refused such an application.
Human Rights applications inside the rules
You may be entitled to make an application for leave to remain based on a right under the European Convention of Human Rights (ECHR) Article 8, family relationships or private life, even if you are in the UK illegally.
Most of these types of applications have been incorporated into the immigration rules, but can be difficult to understand, as case law interpreting and evolving these rules, changes frequently. To ensure you consider all your options and make the best possible application based on the most recent litigation and case law, specialist advice may be required.
You may also be entitled to make an application based on a lack of medical treatment in your country of origin, thus causing a breach of your art 3 rights under the European Convention of Human Rights. However, the standard of proof to succeed, is set very high and getting specialist advice is highly recommended.
Human Rights applications outside the rules
In certain circumstances it may be appropriate to make an application for leave to remain despite the fact that your circumstances do not fit into any of the categories in the immigration rules.
This is called making an application outside the rules based on the fact that removal from the UK will constitute a breach of your or someone else’s human rights. In doing so you request that the SSHD exercise discretion in your favour and to grant leave outside the Immigration Rules (LOTR) on the basis of compelling compassionate grounds (other than family and private life, medical, asylum or protection grounds).
If successful, you will be granted 30 months leave on the 120-month route to settlement. If refused, you may be able to appeal the decision to an independent immigration judge.
We have many years’ experience of dealing with particular complex situations and unravelling people’s sometimes very complex immigration histories to make applications outside the rules, or where you have been refused, to appeal such refusals.
Immigration appeals and administrative reviews
Upon Refusal of the Immigration one can take following steps:
- Administrative Review
- Judicial Review
- Statutory Appeal
Administrative Appeal is by the applicant to request Home Office to review its initial decision. In administrative review, a single judge cannot take the decision but different case worker who made the initial decision. It was introduced once the immigration appeal rights were removed for applicant to deal directly with home office.
To Preserve the right of immigration appeal or Administrative Review one has to make immigration application prior to expiry of Visa and within legal time he has to request for Administrative Appeal. At the same time, they cannot vary status immigration category. Administrative Review must be pursued where it is available otherwise it will negatively impact the review appeal.
It is important to have your case fully assessed and appeal the immigration decision within prescribed time limits with the relevant information where available.
We can assist with the preparation of either an Administrative Review, statutory appeal or a Judicial Review application and the presentation of the case before the First Tier Tribunal, (Immigration and Asylum Chamber), (“First Tier IAC”) or the Supreme Court where necessary.
We have diverse experience of filing successful UK immigration appeals before the First Tier IAC and higher courts against visa refusals. We will give you a full legal assessment of your case and take the worry out of what can be a very difficult and distressing process.
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