Registration as a British Citizen for Child Aged 10-year

Section 1 (4) of the British Nationality Act 1981 grants a child who was born in the UK and has lived first 10 years of their life in the UK. To be registered as a British Citizen. This is applicable regardless of the parent’s status in the UK.

The applicant child should not have travelled outside the UK for more than 90 days in any of the given 10 years.

The child will need to prove that they have been present in the UK for the first 10 years of their life in order to be eligible to make an application.

Fees and decision on the application

The application fee for such application is £1012 and an additional £19.20 is to be paid for biometric information to be taken.

Usually, within 6 months decision is announced but sometimes it may take longer as well and if more information of the child is required, the same will be notified to the applicant.

If you are looking for professional assistance with this application you can contact Visa and Migration Ltd on 02034111261

 

 

Naturalisation Reconsideration Request

There are different ways to acquire British citizenship and Naturalisation is one of those. Who can apply for Naturalisation? Well, foreign nationals who hold ILR (Indefinite Leave to Remain) can apply for Naturalisation if they meet the relevant requirements under the British Nationality Act 1981.

Refusal of Naturalisation Application

There are various reasons why your application for Naturalisation can be refused. Generally, the reasons can be overstaying in last 10 years or a criminal offence which negatively affects the ‘good character requirement’. You are considered to have a good character if you have shown respect for rights and freedom in the UK followed all the laws of the UK and performed all your duties and obligations as a resident of the UK.

So, in simple terms, the UK Home Office will conduct a record check of your civil and criminal activities in the UK and even outside. If any adverse information is found on your records the application for Naturalisation will be refused.

You are not granted the right of appeal against the refusal of the Naturalisation application.

Application for a Naturalisation reconsideration request

If your Naturalisation application has been refused, you can apply for your Naturalisation application reconsideration by the Home Office UKVI. You need to use the application form NR for this purpose. Your application for reconsideration will be successful or not depends on the fact that reasons are given in refusal letter for the rejection of your Naturalisation application is lawful or not. Home Office fee for the Naturalisation reconsideration request is £327 and if your reconsideration request is successful then your fee is refunded.

If after reconsideration the Home The office maintains the decision to refuse your application of Naturalisation, such a decision can be challenged in court through Judicial Review.

In most of the cases, you may request discretion from the Home Office depending on the circumstances, such as a child’s wellbeing or opportunities child will receive by being a British Citizen, this differs from case to case basis.

How to make a reconsideration request

Before you make a formal reconsideration request for your application you should assess whether you satisfied the requirements or not.

Once you are satisfied and decided to make a request application, you can seek an expert’s advice. They will help you draft a legal representation letter in which you mention why you think the decision to reject the application was wrong or unlawful by making references to the applicable legal rules or policies in the UK.

There is no time limit to reconsider the decision; however, you need to provide strong grounds for the Home Office to revisit your case for reconsideration. After you get the decision on your application, you should note that you can make one reconsideration request only, so use it wisely.

To avoid further mistakes you must get expert legal advice and representation. It will ensure that your case is properly presented and argued.

If you are looking to apply for reconsideration of your refusal consult with Visa and Migration Ltd today on 02034111261

 

Domestic Violence – Indefinite Leave to Remain

If you are married or in an unmarried partnership with a British Citizen and were granted Entry Clearance or Leave to Remain in the United Kingdom you can be eligible to apply for Indefinite Leave to Remain in the United Kingdom if you are suffering domestic violence.

The applications work on a very careful consideration basis as the applicant needs to prove that they have suffered domestic violence. The applicant is required to provide witness statements with the application.

There are different types of domestic abuse but not limited to –

  • Coercive Control (a pattern of intimidation, degradation, isolation and control with the use or threat of physical or sexual violence)
  • Psychological and/or emotional abuse
  • Physical or sexual abuse
  • Financial and Economic Abuse
  • Harassment and Stalking
  • Online or Digital Abuse

Reporting domestic abuse

No matter what is nature, context or level of abuse, you should report it to the police at the earliest. You can also seek help from different organizations who work to safeguard victims of domestic abuse in the UK.  You should always keep records of these documents.

Seeking help from Police under the domestic violence disclosure scheme

Under this scheme, you have ‘right to ask’ from police about whether your partner had a violent past or not. If there is record available showing that you may be at risk to face domestic abuse from your partner, the police may disclose the information to you. Right to ask can also be availed by the third party such as family or friends. In both cases, if it is lawful, police will disclose the information.

You can apply under the scheme of domestic violence disclosure scheme by visiting a police station, dialing 101 or telling about it to a police officer on the street. If you sense emergency, you can dial 999.

Indefinite Leave to Remain

 You can apply by completing SET (DV) Application form. If it is proved that you are a victim of domestic abuse, you are likely to succeed in applying for Indefinite Leave to Remain. You do not need to meet the Life in the UK test or English Language requirement. In some cases your application fee can also be waived off by making a destitution concession application. You may also be granted access to public funds depending on circumstances.

If you are looking to submit an application for Indefinite Leave to Remain on the basis of Domestic Violence contact Visa and Migration Ltd today on 02034111261.

British passport applications for Children from Overseas

If you are a British National and had your child born outside the UK after you had become a British Citizenship by descent.

You can be a British citizen otherwise by descent if you were born in the UK before 1 Jan 1983, or Naturalized in the UK, or born in the UK to a parent holding Indefinite Leave to Remain or British Citizen.

If you Naturalized or became British by birth by being born in the UK you can pass your British citizenship to the children born outside the UK.

However if you were born outside the UK you cannot pass on the British citizenship to your children who may be born outside the UK. The children will need to apply for a settlement visa and once they are in the UK and have lived for 3 years in the UK. They will be able to apply for British Citizenship under section 3 (5) of the British Nationality Act 1981

If you are able to pass the citizenship to your child then an application has to be made online or by making an appointment at the British post for countries like Afghanistan, Pakistan, Iran, Libya, etc, It is worth checking before you apply.

Applying online

Well, there are 3 stages of online application for British Passport from overseas. You or someone your behalf can apply online.

  1. In the first step, you are asked some questions to determine whether you are making a first-time passport application or for a renewal. After that, you are asked to submit some personal details of the person for whom the passport is needed.
  2. In the second step, you are required to pay the amount online through debit or credit cards in pounds sterling. Now, you can take a print out of the declaration form and other guidance.
  3. In the third step, you need to sign the declaration form that you printed and then you can send it to the place as informed in the guidance.

Do note that your signed declaration form, documents, and photos must reach the designated place in the UK within 90 days; otherwise, your application will be withdrawn without a refund.

People under the age of 18 making application for British Passport

Children who are 16 or above or who will turn 16 within 3 weeks can sign a declaration form themselves while those children who are below 16 must have permission from a person with parental responsibility.

Please note in some cases the parents are required to provide DNA for the child to prove their paternity or maternity

If you need assistance with applying for the British Citizenship for your children you can contact Visa and Migration Ltd for expert advice for a fixed fee. Call 02034111261 today to receive expert advice on UK Immigration matter.

 

 

 

Things you must know about Right of Abode

Right of abode in the UK is immigration status. One who has the right to abode status has been entitled the right to enter and live in the UK without any restrictions.

All British Citizens automatically hold right to abode and since 1983 it is not possible to obtain this status for anyone without being a British Citizen. However, one should not compare the right of abode with indefinite leave to remain (ILR) which is also another way of residency in the UK without any restriction. All those having the right of abode can live and work in the UK without any immigration restrictions.

 Qualifications & Eligibility for Right of Abode

Following Commonwealth citizens qualify for the Certificate of Entitlement to the Right of Abode:

  • Either by birth, adoption or registration;
  • Those legally adopted before 1st January 1983 by a person born in the UK;
  • A woman who married a man prior to 1st January 1983 with the right of abode;
  • Applicants who are born before 1st January 1983 to a mother born in the UK or UK born biological father.

Eligibility for Right of Abode

  • A citizen of the United Kingdom and Colonies who was born, adopted, naturalised or registered in the UK or Islands; or
  • A citizen of the United Kingdom and Colonies born to or adopted by a parent who, at the time of the person’s birth or adoption, had the right of abode; or
  • A citizen of the United Kingdom and Colonies who was ordinarily resident in the UK for any continuous period of 5 years before 31 Dec 1982; or
  • A Commonwealth citizen (not a citizen of the United Kingdom and Colonies) with a parent / adoptive parent who, at the time of the person’s birth/adoption, was a citizen of the United Kingdom and Colonies by birth in the United Kingdom; or
  • A female Commonwealth citizen who is, or has been, married to a man with right of abode at any time before 31 Dec 1982; or
  • A citizen of the United Kingdom and Colonies woman who is, or has been married to a man with right of abode at any time before 31 Dec 1982.

 Proof of right of abode

Right of abode can be proved by having a passport which describes you as a British Citizen or British subject with right of abode; else you need to have a ‘certificate of entitlement’ to the right of abode in the UK issued by the UK government or on its behalf. You can also apply for ‘certificate of entitlement’.

Right of abode can be obtained if you are a commonwealth national and one of your parents was born a British Citizen or you are commonwealth woman married to a British Citizen before 1 January 1983. Once you have right of abode, you can apply for British Citizenship.

Duration of validity for the right of abode

Right of abode is valid for life, however, when the vignette is placed in your passport it will have the same expiry date as on your passport.  Right of abode cannot be revoked unless you lose your British Citizenship. Commonwealth citizen’s right of abode can be revoked when the home secretary deems it necessary for the “public good”.

So, right of abode gives you lots of rights and privileges in the UK and once you have it you are not restricted by residency limit inside and outside the UK which means you don’t lose your right of abode if you stay outside the UK for any length of time. All those who apply for British Citizenship and succeed in that automatically get right of abode in the UK.

If you are looking to apply for right of abode, contact Visa and Migration Ltd on +44(0)2034111261

Sole representative visa

Companies outside of the UK see a lot of opportunities to set their business in the UK. The UK also allows them to expand their business here. So, to expand and set up its business in the UK, the company can send one representative to the UK to set up a branch or subsidiary office. Other activities that company representative can also do include carry out research, register the company in the UK and negotiate with customer and suppliers. How can an individual enter the UK for all this? Well, an individual from outside EEA and Switzerland can apply for UK sole representative visa in order to come to the UK as a representative of an overseas business.

UK Sole Representative Visa Requirement

Applicant must meet all the necessary requirements to apply for UK sole representative. These requirements are the following:

  1. Applicant must be an employee and a representative of a company outside the UK that has no branch, subsidiary or another representative in the UK.
  2. Applicant must be a senior employee with decision-making authority for setting up a branch in the UK on behalf of the company.
  3. Applicant must be a full-time employee of the company.
  4. The applicant cannot be a majority shareholder in the company.
  5. Applicant must not take any other job.
  6. Applicant must be able to meet his and dependent (if any) financial need during the stay in the UK without any access to public funds in the UK.
  7. Applicant must attain entry clearance before entering the UK.
  8. Applicant must meet the English Language Requirement.

Time & Fee

Earliest one can apply for a sole representative visa is 3 months before they travel to the UK. After making an application from outside the UK, the decision on the application should come within 3 weeks. The applicant needs to pay £ 587 while making an application for a representative visa.

Once the visa application is successful, you can come and stay in the UK for an initial period of 3 years and after that, if you wish to continue to stay in the UK then you can apply for an extension of your visa for another 2 years. And after having spent 5 years in the UK, you can apply to settle permanently in the UK.

 

What you can and can’t do –

As a sole representative, you are allowed to do certain things and there are certain things you cannot do in the same situation. List of such activities that you can do are mentioned below:

  1. You can work full time for your employer.
  2. You can bring your family (dependents) with you if you wish to.
  3. You can apply for an extension of your visa many times if required.
  4. You can stay in the UK if there is a change in the circumstances of your company. For example, if a company appoints a superior in the UK, and you have been in the UK for more than 2 years

 

What you can’t do is the following:

  1. You cannot work for yourself.
  2. You cannot do any other business.
  3. You cannot stay in the UK after your employer ends the sole representative arrangement
  4. You cannot switch to a sole representative visa from any other visa category.
  5. You cannot access public funds in the UK.

So, sole representatives of non-EEA companies are entitled to work only in the business for which they sought permission to enter the UK originally. Initially, you are granted the visa for 3 years, which can be extended for a further 2 years.

If you are looking for expert advice on your application as a Sole Representative, please contact Visa and Migration Ltd on 02034111261

Tier 2 License Renewal Process

United Kingdom employers can employ non-EEA nationals in their companies under point based systems such as Tier 2 category. To employ one, UK employers need to sponsor the worker and in order to do this; they need to obtain a sponsor license from the UKVI – Home Office. Tier 2 sponsorship license is granted for a period of 4 years initially. Employers must apply for the renewal of the license to continue to employ non-EEA nationals before the expiry of the licence. Companies must apply for renewal ahead of sponsor license expiry.

Renewal process

License Expiry date can be seen on the summary page of Sponsor Management System (SMS). Summary page also tells you the date on which you can apply for the renewal of sponsor license. Generally, as advised by UKVI – Home Office, a sponsor can apply for license renewal up to three months in advance of the sponsor license expiry date. An application can be submitted via the online Sponsor Management System.

Sponsors need to submit a request via the SMS and pay the appropriate fee for renewal. The application fee is different depending on the size of companies such as small, medium or large. At the time of initial sponsor application for Tier 2 sponsorship licensea company may be small but in due course of time it might have become medium or large and so at the time of renewal application current size of the company is considered.

Size of the company is determined by UKVI as per the Companies Act 2006 classification. The renewal fee for a small company and a company with charitable status is £536 and the fee for medium or large sponsors are £1,476. If the sponsor fails to pay the correct fee, then the renewal application will be rejected.

All sponsors seeking renewal of its sponsor license should apply well within the time else the application may be rejected. In case an application is rejected before the actual date of license expiry, the sponsor can submit a new renewal application. The initial license continues until a decision is made on a fresh application of renewal.

If a sponsor misses the application deadline or their application is rejected after the license expiry date, their name will be removed from the register of sponsors. They need to make a new application if they wish to retain their sponsor license.

UKVI – Home Office Procedure

UKVI will check for following to analyze the suitability of sponsor to be granted renewed sponsor license;

  • if applying is operating legally in the UK;
  • is applying company still suitable to be a licensed sponsor; and
  • whether the company meets the compliance and reporting requirements at the level UKVI – Home Office expect from them;

Compliance visit by Home Office

Home Office may make a site visit when there is a renewal application. This is a routine exercise. Applicant sponsor must make sure before making their renewal application that everything is in place and they are ‘match-fit’ for a site inspection in case it is requested.

Sponsor’s current compliance with their duties will be checked during the visit by Home Office officials.  These duties include record keeping, key personnel appointments, migrant worker etc. If there has been any breach and it is found during the visit it can result in refusal of the renewal application.

There are further factors considered by Home Office such as whether a civil penalty has been imposed on the sponsor for employing illegal workers and so on. If only everything matches right with appropriate documents submitted with the renewal application, the sponsor will be granted sponsorship license and retain Tier 2 Sponsorship license.

If you need assistance with the sponsor licence application contact Visa and Migration Ltd on 02034111261

UK Visa Refusals under 320 (7A) of Immigration Rules

UK immigration rules have some grounds that outline mandatory refusal of UK entry clearance refusal or UK visa refusal of applicants. These general grounds for the mandatory refusal of visa are set out in UK immigration Rules under paragraph 320.

The Immigration Rules Paragraph 320 (7A) States – where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.  

Generally, where an application is refused due to these reasons the applicant is generally banned for 10 years and all subsequent application are refused. This is a serious refusal and should be challenged by why of reapplication or appeal.

In our practice, we have managed to turn around such refusal on applications and Appeals. 

If you have received a refusal under paragraph 320 (7A) contact one of our Immigration lawyers on 02034111261 or you can email your refusal and your contact details to info@visaandmigration.com and one of the lawyers will be in touch with you.

 

After UK visa refusal – Appeal or Re-apply what is better

Nobody wants a visa refusal. But for various reasons, a refusals outcome is handed to numerous applicants every year inside and outside the UK. The reasons can be that the applicant has not submitted all required documents, not submitting correct documents, submitting false documents, oversight of application form or documents by ECO etc. So, what are the options available to applicants when their visa application is refused?

Well, each applicant has three choices generally in such a situation.

  1. They can reapply with a new application; or
  2. They can go for an appeal against the visa refusal; or
  3. If there is no right of appeal granted the decision can be Judicially Reviewed

Appeal or Re-apply what is better?

Whether one chooses to reapply or appeal, both are time-consuming and take money from your pocket. So, how would you choose and which one is a better option?

Re-apply

Re-applying is an easier choice. You can make a fresh application addressing the grounds of refusal with the submission of new evidence and fee. There is no time limit for making a fresh application. So, you can reapply any time after your UK visa refusal. One must understand the requirements for the particular UK Visa Application correctly and thus they must submit a well-prepared application which can satisfy the Immigration Officer otherwise there is no point in submitting a new application with the same documents. This will clearly be a waste of time and money.

But if your visa application was refused on grounds such as insufficient evidence, absence of proof then you should reapply. However, if you know that you submitted the required documents such as bank documents as evidence or proof and there is a possibility of mistake or oversight from the Immigration Officer, you can approach the Home Office and request for a reconsideration of your visa application.

Appeal

Not all visa refusal decisions can be appealed; however, there are situations in which appeal is inevitable. Visa appeals are mostly available to applicants who are related to, married to, or dependent on British citizens. You can appeal to the tribunal only when you have the legal right to do so. The applicant is generally informed about their right to appeal in the decision letter. If they have been refused point based Tier 1, 2, 4 or 5 visa categories, the applicant will not have the right to appeal but they may be able to ask for administrative review and they are informed about the same in the decision letter as well. If the right to appeal is given to the applicant then they must appeal within 28 days (Outside UK) or 14 days (inside the UK) after getting the refusal decision letter. If for some reason you fail to appeal within the deadline and appeal afterwards then you must explain it to the tribunal why you could not appeal within the time allowed. Now, the tribunal will decide whether to admit your appeal or not.

After you filed an appeal form along with supporting documents, it takes several weeks depending upon various factors to get the final decision.

So, whether to go for a re-apply of appeal is a decision that is not easy to make. If you simply don’t have the right to appeal then you can think of re-applying but even if you have the right to appeal you cannot afford to make a mistake in the process because it costs time and money. So, you are advised to take legal assistance from experts about this.

If your application has been refused, please send Visa and Migration ltd a copy of your refusal letter and your contact details to info@visaandmigration.com and one of our immigration lawyers will be in touch with you.

Home Office Civil Penalty Notice – what to do next

Employing illegal foreign worker in the UK is an offence. If an employer is found to be guilty of employing someone they knew or they had enough reasons to believe, had no right to work in the UK, the employer in such cases can face consequences. They can be sent to jail for 5 years and pay unlimited fine. So, what could be enough reasons to believe that a worker did not have the right to work in the UK? Well, if one of the followings was in knowledge of the employer, they should have acted upon it.

  • Worker/s did not have leave or permission to enter or remain in the UK.
  • their leave had already expired.
  • they were not eligible to do certain types of work.
  • the papers they produced were incorrect or false.

Home office civil penalty notice

 UKVI does regular right to work checks to make sure that employers are complying fully with immigration rules and all personnel employed by them have the necessary permission to work in the UK. If an organization is found guilty of breaching their immigration duties, for example, they employed someone who did not have the right to work in the UK because they did not conduct correct or proper check of such employees about their eligibility or documents, they may be issued a civil penalty notice for illegal employment, comprising a fine of up to £20,000 for each illegal employee employed.

In such situations, you might be sent a ‘referral notice’ to inform you that your case is being considered and you may be imposed a civil penalty (fine) of up to £20,000 which you have to pay for each illegal worker.

And if you are found liable you will be sent a ‘civil penalty notice’ to which you need to respond within 28 days. In the notice, you will be informed about how to pay, what to do next, and how to object to the decision. Also Immigration The enforcement agency may publish your business’s details to warn other businesses not to employ illegal workers.

Appealing against Civil Penalty Notice

If you can show that you made correct ‘right to work’ checks for each employee you hired then you don’t need to pay any civil penalty.

Once you have received a Civil Penalty notice for employing illegal workers, you are entitled to go for an appeal. An appeal can be about reducing the original penalty or to remove the penalty completely. An appeal can be made to a court on below grounds:

  • You are not liable to the imposition of a penalty and have a statutory excuse;
  • You are excused payment by virtue of section 15(3), or
  • The amount of the penalty imposed upon you is too high

Now, the court may allow your appeal and cancel the penalty completely or they can just reduce the penalty amount or simply dismiss your appeal.

Now, the appeal the process is complex and you must appeal within the prescribed time of 28 days with submission of relevant documents failing to which can simply turn the decision against you. So, it is important at this stage that you seek specialized legal advice because Home Office even have the right to issue an increased civil penalty in response to receiving an objection from you.

If you have received a civil penalty notice Visa and Migration Ltd will be able to assist you. Call is today on 02034111261