Challenging deportation

“Deportation” means enforcing the removal of a foreigner from a country. So, the UK Home Office may enforce the removal of an individual for the public good especially when that individual is served a criminal sentence in the UK. A court can also issue a deportation order against an individual. If the Home Office decides to issue a deportation order, you will be informed in writing by the Home Office if it wants you to leave the UK.

 Who can be deported?

Any person in the UK can be deported if the following circumstances exist:

  1. The Secretary of the state deems the person’s deportation to be conducive to the public good;
  2. A person happens to be the spouse, civil partner, or child under the age of 18 of a person against whom the deportation order has been issued;
  3. A person who is above the age of 17 has been convicted of an offence punishable with imprisonment and thus has been recommended for deportation by a court;
  4. In most cases, a foreign national becomes liable for automatic deportation if he/she has committed a criminal offence that carries a custodial sentence of more than 1 year.

Family members of the deportee

You will not be given a deportation order by the Home Office in general if

  1. You are a spouse or civil partner of a deportee, but you have qualified for settlement in your own right or you have been living apart from the deportee.
You are a child of a deportee but
  1. You and your mother or father are living apart from the deportee or
  2. You have left home and established an independent life or
  3. You are married to or in a civil partnership before the deportation order of the deportee came into the prospect.

Challenging deportation order

Can you do something about deportation, or you just have to leave the UK once you get the deportation order?

This is a tough situation for you if you have been issued a deportation order or you are a spouse, civil partner, or a child of a person who has been issued a deportation order and thus you are also being deported along with the deportee. Challenging deportation or applying for the revocation of the deportation order is also not an easy task. You must seek the expert’s guidance.

You can challenge or appeal against a deportation order in the following circumstances:

You need to make representations top the Home Office showing why the deportation order breaches your family and private life in the UK. If the arguments show that your or your families interest will outweigh the public interest consideration then you will have a good case. If the Home Office decides to refuse your representations then you will be granted right of appeal under section 82 (1) b of the Nationality Immigration and Asylum Act 2002.

Revocation does not entitle you entry to the UK

If you are deported from the UK then you need to make representations for revocation of the deportation order and if you are refused you again go through the appeal stage, however, if your challenge is successful, you are not entitled to come to the UK automatically and will need to submit an application for Entry Clearance and meet the requirements of the relevant immigration rules.

If you are looking to challenge the deportation you can contact our legal team on 02034111261

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Everything you should know about the UK points based system

UK Government intends to introduce the new points based system from 0next year. know more about the welcomes hundreds of foreign nationals every year for employment. The country will likely have a well-defined immigration law in place for migrant workers in the UK.

The new system wills after Brexit will treat the EU and non-EU migrants equally. From January 1st, 2021 all EU migrants will also have to apply to get permission to work in the UK under the new Points Based System. Irish citizens will continue to enjoy the free movement to work in the UK.

 

Who can apply under Points Based System?

The current Point based system allows UK employers to hire and bring non-EU skilled workers to the UK for an appropriate job role with an appropriate salary. However with new immigration rules in place, the same will apply to the EU citizens coming to the UK to work or study also.

Under the current point-based visa system the UK has 5 Tier visa categories as the following:

Tier 1 – Tier 1 Entrepreneur Visa, Tier 1 Investor Visa, and Tier 1 Exceptional Talent Visa.

Tier 2 – This category is for skilled workers.

Tier 3 – This category does not exist anymore.

Tier 4 – This category is for all students.

Tier 5 – This category was introduced in 2008 and covers “workers on a temporary basis”

These visa categories grant workers to come to the UK. They can apply under the appropriate Tier depending upon their skill, nature of the job, salary, and other requirements that are there in the different Tiers of visas. You are given certain points for meeting each requirement in the current system.

 

How to earn points?

UK Points based UK Visa system offers points against the following:

  1. Having a job from an approved employer in the UK – 20 points
  2. Having a job offer at an appropriate skill level – 20 points
  3. English speaking ability at a sufficient level – 10 points
  4. Having been offered the minimum salary of £25,600 or more – 20 points
  5. Having been offered the salary between £23,040 and £25,599 – 10 points
  6. Having been offered the salary between £20,480 and £23,040) – 0 points

If all the points are added here the total happens to be 70 points which are the minimum and sufficient points for an applicant to come to the UK under the points-based visa category.

You can also earn extra points as mentioned below:
  1. Having done a Ph.D. in a subject that is relevant to your job – 10 points
  2. Having done Ph.D. in STEM (Science, Technology, Engineering or Math) – 20 points
  3. Having a job offer that has a shortage as designated by the Migration Advisory Committee – 20 points

Now it is important to note that you cannot trade points for the first 3 requirements mentioned here which are to have a job offer from an approved employer in the UK, a job offer at an appropriate level, and English speaking ability at a sufficient level. Only the minimum salary condition can be traded with other things. So, if your salary is between £20,480 (which is the minimum threshold) and £25,600 then you can still get 20 points if you are coming to the UK to work in Health or education center. Similarly, if your salary is between £20,480 and £23,040 and you are not coming to do the work in the health or education sector you can still get 70 points in total if you have a Ph.D. degree in STEM subjects.

 

A new rule coming in for those coming to the UK to study

A new graduate visa will be coming in next year in 2021. This will allow all the students from outside the UK who have completed a degree to stay in the UK for 2 years and 3 years for those who have done a Ph.D.

There will be no cap on the number of students who wish to come to the UK to study.

Visa and Migration Ltd is a private law firm and we provide specialist Immigration advice. If you are looking for representation for visa application under points based system, please contact us on 02034111261. You can also follow us on social media

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7-year child Parent Route

On the basis of a 7 year child parent route, one can regularize their status in the UK. This allows a child below 18 years of age living in the UK based on his/her private life. Paragraph 276ADE of the Immigration Rules provides children to apply under Article 8 to private life.

Significance of 7 years residence

In 2012 the idea of 7 years was re-introduced with new criteria added to it. The new criteria were to check if it would be unreasonable for the child to leave the UK. Until 2008, 7 year’s rule was a concessionary policy and in 2012 it became a part of the immigration rules which say that 7 Years of continuous residence is a sufficient period for a child to integrate and adapt to life in the UK. This acts as a critical factor when the Home Office has to decide whether to grant leave to remain status or not in the best interest of the child.

Basic eligibility condition

You must prove the below points at the time of the application:

  • You are under 18;
  • You have lived in the UK continuously for at least 7 years (discounting
    any period of imprisonment);
  • You are already living in the UK; and
  • It would be unreasonable to expect you to leave the UK

However, just meeting these conditions does not guarantee you leave to remain in the UK. It is upon the discretion of the Secretary of State for the Home Office to decide what would be appropriate for the welfare and in the best interest of the child. A child’s immigration status heavily depends upon the history of the immigration status of his/her parents. Parents with poor immigration history do not lay a strong base for their children. So, the Home Office may decide against granting the leave to remain to the child because they feel that there is a high probability of the child leaving the UK with his/her parents.

Not reasonable for the child to leave the UK

In 2012, the new criteria were added in the 7 year child parent route category. This stated that along with 7 years of residency rule it should also be checked if it would be unreasonable to expect the child to leave the UK. How does the Home Office determine this? Well, the Home Office has guided for this. The factors which are considered to check this are the following:

  • There would be a risk to the health of the child. For example, the child is
    suffering from a life-threatening disease and going through a course of
    treatment in the UK.
  • In such a case, if the child is removed to a country where the child would be returning where the treatment is not available for the disease then it would not be reasonable to remove the child from the UK.
  • Would it be reasonable for the child to return with his/her parents?
  • The extent of wider family ties in the UK
  • The extent of association of the child he/she would return to. In this regard, various factors have checked that include

1. Access to citizenship to that country,
2. Child’s ability to speak, read and write a language of that country,
3. Whether the child has previously visited or lived there,
4. The extent of social and cultural ties to the place,
5. The network of family and friends there,
6. Has the child attended school there previously?

How long the child can stay on limited leave to remain

If the child’s application is successful, he/she is granted to live in the UK for a period not exceeding 30 months.

Applying for ILR

Once the 10-year residency is completed by the child in the UK, he/she should be eligible to apply for indefinite leave to remain under the 10 years route to settlement.

7 Year child-parent route for the parents

A UK family visa allows you to live in the UK for more than 6 months. So, through the 7 years child’s residency route you as a parent can apply for it provided your child must be under 18 at the time of application and should have been living in the UK continuously for the 7 years and it would be unreasonable to expect that the child would leave the UK.

How can Visa & Migration help you?

Child’s future depends upon his/her immigration status. So, it is important they make the application in the right manner knowing the possible outcome. We come in here for the required help to minimize your effort, time, and money. You can seek help from a reputed agency like Visa & Migration when looking to make an application under the 7-year child-parent route to regularize the immigration status irrespective of whether you are the parent of the applicant child or the applicant yourself.

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Indefinite Leave to Remain (ILR) after 5 years Requirements and Eligibility

ILR or indefinite leave to remain is for people who have immigrated to the UK and don’t have the right of abode in the UK. ILR is the final hurdle before applying for British Citizenship. Holding ILR allows you to continue to stay in the UK for work, study, or to live in the UK.

You can apply for Indefinite Leave to remain ILR after 5 years/ 60 months of continuous residency in the UK in categories such as Appendix FM, Appendix EU, Sole Representative, Tier 1 or Tier 2 categories.

Eligibility For ILR

A 5-year or 60 months of continuous residency is required in most of the categories, however, for example, those on Tier 1 visa holders can apply for ILR after spending 2 or 3 years provided they meet the requirements of relevant Immigration Rules.

In most cases –

  1. You must not have spent more than 180 days outside the UK in each of the qualifying period of 5 consecutive years from the date of your application (this requirement is not applicable to Appendix FM route if the couple was living together outside the UK or there are compassionate and compelling circumstances);
  2. You are of “Good Character” and your application does not fall under the general grounds for refusal;
  3. You have passed the “Life in the UK” test to prove sufficient knowledge about life in the UK; and
  4. You meet the English language requirement at level B1 of the Common European Framework of Reference for Languages

Those applicants who are either married to or in a civil partnership with a British Citizen or a settled person and they arrived in the UK for permission to stay as a spouse or partner before 9 July 2012 on need to meet 2 years of continuous residence in the UK condition.

How to apply?

Applicants can apply online. You can use SET (M) form if you are a partner of a British Citizen or one who is settled in the UK. Others can apply using the SET (O) form.

When to apply?

You must apply before your current visa expires. You can apply not more than 28 days before the last day of your permitted staying period in the UK. Your permitted time duration in the UK is calculated from either the day you entered the UK or from the day you were granted permission to enter the UK originally, provided you entered the UK within 3 months of the granted permission. If you did not enter the UK within 3 months of receiving the visa or grant then you will need to extend your stay to complete the 60 months or 5 years.

Documents Required for ILR

Everyone’s circumstances are different and different documents apply in each case, however, general documents required when making an application for Indefinite Leave to Remain (ILR) after 5 years are –

  • Your passport or any travel document as your identity proof;
  • Biometrics;
  • Documents such as bank statements or salary slip to prove your current level of income as evidence that you can support yourself and dependents (if any) further;
  • List of days outside the UK;
  • Your “Life in the UK Test” pass notification; and
  • An English language test certificate.
Applying with dependents

If a child has completed 60 months in the UK then they can apply with their parents, however, children born in the UK can apply for Registration to become a British Citizen after the parents have received ILR. Children above 18 years of age need to apply separately and also meet the requirement for English and pass Life in the UK test.

Post-Brexit changes for EU, EEA, and Swiss citizens 

Things have changed after the UK decided to leave the EU in 2018. Now, the UK has decided to treat the EU, EEA, and Swiss citizens and other non-British citizens equally from the day the UK officially leaves the EU. However, those EU, EEA, and Swiss nationals already living in the UK can apply for either “Settled Status” or “Pre-settled” status under the EU Settlement Scheme (EUSS) depending upon mainly the time spent by them in the UK.

Support from trusted names like Visa & Migration

You can seek support from us anytime during the process of making an application for Indefinite Leave to remain ILR after 5 years. We have a team of experts who provide you with all legal support towards your application process and make your ILR application a success.

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Health and Care Visas

The new health and care visa will be launched on 04 August 2020. The occupation codes covered under this visa are –

  • 2112 – Biological scientists and biochemists
  • 2113 – Physical Scientists
  • 2211 – Medical Practitioners
  • 2212 – Psychologists
  • 2213 – Pharmacists
  • 2214 – Ophthalmic Opticians
  • 2215 – Dental practitioners
  • 2217 – Medical Radiographers
  • 2218 – Podiatrists
  • 2219 – Health Professionals not elsewhere classified
  • 2221 – Physiotherapists
  • 2222 – Occupational Therapists
  • 2223 – Speech and Language Therapists
  • 2229 – Therapy professionals not elsewhere classified
  • 2231 – Nurses
  • 2232 – Midwives
  • 2442 – Social Workers
  • 3213 – Paramedics

 

There are additional criteria that will need to be met by the applicant as being with the employer who meets the engagement list or applicant meets the registration list set out by the Home Office. You can find these requirements here

The core requirements are for the applicant to have –

  • Valid Certificate of Sponsorship;
  • An appropriate salary, which meets the relevant salary threshold;
  • Knowledge of English language;
  • Sufficient personal savings when arriving in the UK;
  • Provide details of travel history over the preceding five years;
  • Valid tuberculosis test results (from a listed country under Appendix T of the Immigration Rules); and
  • A criminal record certificate from any country where a migrant has lived for 12 months or more in the last 10 years

The employer/sponsor will need to provide a brief explanation of your eligibility as a Health and Care visa requirement on the Certificate of Sponsorship.

There will be no Immigration Health Surcharge fee payable by the applicant and the dependents under this category.

Should you or your organisation wish to apply for the Health and Care Visas you can contact our Immigration Lawyers at Visa and Migration Ltd on 02034111261

UK Point Based System – Further Details

The Home Secretary has published further details on the UK point-based system on 13 July 2020.

From 31 December 2020 at 11:00 pm the free movement rights with the European Union will end and will mark the launch of the new UK Immigration Point Based System.

The new system will cater to the most highly skilled workers, skilled workers, students and a range of other specialist work routes including routes for global leaders in their field and innovators. The EU nationals will be covered by the transition period and need to apply to enter or stay in the UK before 30 June 2021 except Irish nationals who will be able to freely enter the UK as common travel area partners.

The new rules will apply equally to the EU and Non- EU nationals. Everyone will be required to pay for the Immigration Health Surcharge, however, a new discounted fee will apply to applicants under the age of 18 years. However, workers on the health and care visa may be exempted from paying the immigration health surcharge. The Home Office will publish further details on this.

 

Cap

 It is likely that the current cap on the number of migrants will be suspended; however, we will need to wait and see how long the suspension would continue and whether it will apply to certain job roles.

Existing Tier 2 (General) and Tier 2 (Intra-Company Transfer) sponsors will automatically be granted a new Skilled Worker licence or Intra-Company Transfer licence, with an expiry date consistent with the current licence they hold, and receive an appropriate allocation of Certificates of Sponsorship (CoS)

 

Resident Labour Market Test

 The Home Office intends to abolish the resident labour market test under the new system. However, checks will be carried out to ascertain that the employers are filling a genuine vacancy and roles are not created to facilitate the immigration of a specific migrant to the UK.

 

Immigration Health Surcharge and Skills Charge

 Employers must pay £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent six-month period. Under the Points-Based System, we will apply the ISC to sponsoring employers in respect of both EU and non-EU migrant workers. Discounted rates of £364 per sponsored worker per year will apply as they do now to charities and Small and Medium Enterprises.

 

English Language

 The level of English language ability required is set as appropriate for each relevant route based on the Common European Framework of Reference for languages. For example, students at degree level must demonstrate their ability at level B2 (A-Level or equivalent) and skilled workers B1 (AS-Level or equivalent).

Skilled workers who are sponsored as a doctor, dentist, nurse or midwife can rely on the assessment of their professional body as proof of their English language ability.

 

Dependents

 Skilled workers and postgraduate students will continue to have the right to bring dependants. Dependants are spouses, partners2 and children (below the age of 18 at point of entry), and their application is linked to that of the main applicant. In general, dependants have near full access to the UK labour market and can work at any skill level. School-age children accompanying a migrant are entitled to state education. Dependants must also pay the Immigration Health Surcharge.

 

Switching

 The applicants will be allowed to switch from one immigration route to another without having to leave the UK. However, short term visitors, student or seasonal workers will not be allowed to switch within the UK.

 

Skilled Workers

 The employers holding a skilled worker licence will be able to sponsor workers at or above RQF level 3 or equivalent. The new system will have tradeable and non-tradeable points as in the table below

 

Pro-rating salaries for part-time workers

 The going rate ensures fair pay compared with resident workers and aims to prevent migrant workers from being used as a source of cheap labour. As under the existing system, going rates for individual occupations can be pro-rated depending on the applicant’s working pattern, as long as the total applicable general salary threshold (£25,600, £23,040 or £20,480) is met. The general threshold is a measure of the economic contribution an applicant will make to the UK. It applies regardless of the number of hours worked and will not be pro-rated

 

Points requirements in further applications by individuals

 Those who enter the Skilled Worker route will need to make a new application if they

(a) Change employer;

(b) Change jobs (to another SOC code); or

(c) Need to extend their stay

Existing Tier 2 (General) migrants who need to do any of the above will also need to make such an application under the Skilled Worker route once the Tier 2 (General) route closes. The new points table will apply to these further applications.

If the migrant has changed their employer and/or their job, there will be a reassessment of whether their new post meets the required skill and salary level. PAYE records for all skilled workers will be regularly checked to confirm they are being paid the correct salary.

Applicants who scored points for the English language at the required level in an earlier application will score those points automatically in a subsequent application. They will not need to submit their qualification certificates again, but if their job has changed, we will assess whether their qualification is relevant to their new job.

Migrants will be defined as new entrants under the Points-Based System if they meet one of the following requirements:

 

  1. a) They are switching from the Student or Graduate route to the Skilled Worker route;
  2. b) They are under the age of 26 on the date of their application; or
  3. c) They are working towards recognised professional qualifications or moving directly into postdoctoral positions.

The minimum salary for the new entrant will need to be at least £20,480 or above. There will be a list for new entrant salary published by the Home Office.

 

Health and Care Visa

 The Health and Care Visa is part of the Skilled Worker route. It will ensure individuals working in eligible health occupations with a job offer from the NHS, social care sector or employers and organisations which provide services to the NHS, who have good working English, are incentivised to come to the UK.

Those who are eligible to apply for the Health and Care Visa, and their dependents, will also be exempt from having to pay the Immigration Health Surcharge. Frontline workers in the health and social care sector who are not eligible for the new Health and Care Visa will pay the Immigration Health Surcharge but will benefit from a reimbursement scheme. Further details will be published by the Home Office.

 

Global Talent

Applicants must be endorsed by a recognised UK body, as approved by the Home Office. Individuals can apply to one of the following endorsing bodies who will verify their expertise before they can apply for a visa:

  • The Royal Society, for science and medicine;
  • The Royal Academy of Engineering, for engineering;
  • The British Academy, for humanities;
  • UK Research and Innovation, for science and research;
  • Tech Nation, for digital technology;
  • Arts Council England, for arts and culture

 

Start-up and Innovator

The Start-up and Innovator routes are designed to attract entrepreneurial talent and innovative, scalable business ideas to the UK. Launched in March 2019 under the current system for non-EU citizens, both routes are for individuals looking to set up an innovative UK business. Start-up is for those setting up an innovative business for the first time, whilst Innovator is for those with industry experience and at least £50,000 funding. Individuals require support from an Endorsing Body, before applying, which must have assessed the business idea as being innovative, viable and scalable. The routes are not capped, and the UK Government has been actively promoting the routes to attract talented entrepreneurs.

The Start-up and Innovator routes enhance the UK’s visa offer to leading international business talent and maintain our position as a top destination for innovation and entrepreneurs. In the future, we will continue to expand coverage of the existing routes to more sectors and businesses.

 

Students

 

Child Students

 

Intra Company Transfer

The route will require applicants to be in roles skilled to RQF6, and subject to a different minimum salary threshold from the main Skilled Worker route. It will not be subject to English language requirements but will be subject to a requirement that the worker has been employed by the sending business for a minimum period before the transfer (12 months in the case of intra-company transfers or three months in the case of intra-company graduate trainees).

 

Youth Mobility Scheme

The UK currently operates eight YMS arrangements with Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea and Taiwan. The UK remains open to concluding further YMS agreements with other countries and territories.

Individuals who are aged between 18 and 30 at the time of application, who have £1,890 in savings and who are citizens of countries or republics listed in Appendix G of the Immigration Rules or are a British Overseas Citizen, British Overseas Territories Citizen or British National (Overseas).

 

You can find complete information here or on the www.gov.uk website.

Visa and Migration Ltd is a private law firm and advises on UK Immigration Law. If you are looking for UK Immigration Advice you can contact us on 02034111261.

Sole Representative Visa and Genuineness Test

From 4 June 2020, the genuineness requirement has been introduced to the Sole Representative route, this means that the applicant may be required to prove the genuineness by submitting additional evidence or the applicant can be invited for the interview.

The assessment of genuineness will entail consideration of these questions –

  • The number of staff the overseas business has or trading premises;
  • Whether the overseas business has a trading presence in one other country and tracks record of international expansion;
  • If the overseas business has only been set up recently;
  • Evidence of the overseas business’s trading presence and business activities (whether physical or internet-based);
  • Whether the applicant has previous activity in the UK that is not related to the business they now represent, or there is some similar reason to doubt they will only work in accordance the conditions of their leave;
  • The domestic rules on business ownership in the country where the overseas business is located, necessitate a request for non-standard information to determine whether the applicant owns or controls that business

Furthermore, the sole representative route will restrict –

  • A broker or sales commission agent (either an individual or through a business)
  • A distributor, selling on a commission basis
  • A distributor buying the overseas business’s products and on-selling
  • An individual or a business finding sales leads and passing them back to the overseas business
  • A business where the applicant is the controlling partner even if they hold less than 50% shares

If you are looking representations for your Sole Representative Application, please contact Visa and Migration Ltd on 02034111261

 

Victim of Domestic Violence and UK Immigration

Domestic Violence can be any incidents or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse, this can include

  • Physical;
  • Psychological;
  • Sexual;
  • Financial; or
  • Emotional

The abuse can also occur in many different forms which may include isolation, exploitation, or depriving a person of needed independence.

Where a person believes that they are a victim of domestic violence they can get 2 types of civil court orders to protect themselves by applying for :

  • Non-molestation orders, which protects the person from the abuser or
  • Occupation order, which provides the victim to reside at the accommodation previously shared.

If a person was granted leave to remain or enter the UK as a spouse, civil partner, unmarried or same-sex partner of a British citizen, a person holding indefinite leave to remain (ILR) or a member of HM forces (who has served for 4 years) and the person is a victim of domestic violence, then they can apply for Indefinite Leave to Remain under the Immigration Rules.

Fiance and proposed civil partners are not covered by the Immigration Rules to apply for ILR, even though they may be a victim of domestic violence.

It is important to note that an applicant does not need to have a valid leave to remain or enter before they apply under this route, however, they should have been granted previous leave to remain or enter as a spouse, unmarried partner, civil or same-sex partner of a British citizen, a person holding indefinite leave to remain (ILR) or a member of HM forces (who has served for 4 years). Thus the applicant should have been granted leave to enter or remain under paragraphs D-ECP.1.1, D-LTRP.1.1, D-LTRP.1.2, D-DVILR.1.2 or under paragraph 276AD or paragraphs 23, 26, 28 or 32 of Appendix Armed Forces.

From 14 May 2020, the domestic violence route is also extended to EEA family members and they can apply for the EU Settlement Scheme.

If an applicant submits evidence to show that their relationship has broken down because they have been subjected to domestic violence from someone other than their partner, they will still qualify for ILR. Evidence must clearly show that violence was the reason for the breakdown of the relationship.

Fortunately, even if the applicant does not have a valid leave in the UK, this does not restrict them from applying for ILR under domestic violence. However, the reasons for a delay in applying must be explained.

There is no fixed evidence required and depends on the circumstances of the individual case. However, in domestic violence cases, examples of evidence which can be accepted are –

  • Criminal conviction and /or Police Report,
  • Police caution, final civil court order (Non-molestation or occupation order),
  • Multi-agency risk assessment conference referral,
  • A domestic violence protection order,
  • Witness statements of an independent witness,
  • Prohibited steps orders and contact orders,
  • Letter from social services or welfare officer connected to HM Armed Forces,
  • Letter from an organisation supporting victims of domestic violence confirming that they have assessed the applicant as being a victim of domestic violence;
  • Interim Order;
  • Undertaking to Court;
  • Medical Report; and
  • Witness statement of the applicant.

The applicant may be eligible for a fee waiver if they are destitute or paying the fee may result in them being destitute. From 1 April 2012, an applicant who meets the DDV concession criteria is granted 3 months leave outside the immigration rules (LOTR) with a condition code that does not restrict access to public funds. However, this does not mean that your ILR application will be granted.

If you are a victim of domestic violence and are looking to submit an immigration application in the UK, please contact Visa and Migration Ltd on 02034111261 or email info@visaandmigration.com

Further Submissions in Asylum and Human Rights Cases

If an applicant is refused an asylum or humanitarian protection claim under the Refugee Convention or Article 3 of ECHR or refusal of a UK Human Rights application, the applicants can make further submissions.
In protection claims such further submissions/fresh claim should be made in person by booking an appointment with the further submission unit – Liverpool – Home Office (Tel – 01512132411), however, if the person is unable to travel to Liverpool, permission must be obtained from a senior Home Office casework to submit further submissions by post. Children under 18 can make further submissions by post.
If a person is detained, further submissions can be made to the home office at the detention centre enforcement staff or the National Removal Command by email or fax.
If a person is serving a custodial sentence due to a criminal case, further
submissions should be submitted to the Criminal Casework section by post or fax.
In Human Rights cases further submissions can be submitted by way of applying unless paragraph 276 A0 or GEN1.9 of Appendix FM.
Further submissions can also be submitted in response to Section 120 of the NIAA 2002, without making an application. These are considered similar and are submitted without making a paid application.
All further submissions are subject to scrutiny under paragraph 353 of the
Immigration Rules, which provides powers to the Home Office to refuse further submissions if they are a repeat claim or material which has been previously considered.
Generally, the best way to raise further submissions is not to mention the grounds submitted to the Home Office previously, as the grounds submitted previously will always be considered by the Home Office. The further submissions must be significantly different to be a fresh claim. If the submissions are not a fresh claim these will be simply rejected.
If a claim is not a fresh claim these will be certified as unfounded claims under section 94 of the 2002 Act and there will be no right of appeal granted. If you are looking for UK Immigration Advice and making further submissions contact Visa and Migration on +44 (0)2034111261

Registration as a British citizen guidance

Naturalization is one way of becoming a British citizen. However, this route is for adults only. Registration is another route to become a British Citizen. This is especially for children who can apply based on the citizenship status of their parents. They need to register for British citizenship who can’t become one automatically.

Registration as a British citizen is the most common route for the children below the age of 18 to become a British citizen. This route is less stringent than naturalization as there are fewer requirements to be met as compared to requirements while applying for naturalization. The registration process is also not required for each child because some children who are born in the UK can become a British citizen automatically depending upon the status of their parents at the time of their birth. British Nationality Act of 1981 clearly defines the right to British Citizenship as a child.

There are two sections in this act namely Section 1 and Section 3 which are important for a child’s right to British citizenship. Section 1 of the British Nationality Act 1981 applies to the children born in the UK and Section 3 of the act applies to the children born outside the UK.

Who can register as a British citizen?

It is important to know before registering a child as a British citizen that whether that child is already a British citizen or not. Because a minor may already be a British citizen and so there is no point in registering such a child. So, the registration is required only for those children who don’t have an automatic right to British citizenship.

You can apply for registration either by a way of entitlement or on a discretionary basis. Here are the specific eligibility requirements to be entitled to register as a British citizen. If you meet any of these conditions you can apply for the registration. These conditions will be assessed by the Home office.

  1. You were born in the UK on or after 1 January 1983 and you were not automatically a British citizen by birth:

(a) You can apply for the registration if both or one of your parents became British citizen or got settled status in the UK before you turned 18; or

(b) You can also apply if both or either of your parents became a member of the armed forces on or after 13th January 2010 before you turned 18; or

(c) You must not have been outside the UK for more than 90 days in each of the first 10 years of your life and you applied for the registration when you were above 10; or

2. You were born in the UK before 1 July 2006 and your parents were not married when you were born, you could be a British citizen had your parents be married at the time of your birth but you never became a British citizen; or
3. You were born outside the UK on or after 1st January 1983 and at the time of your birth, either of your parents was a British Citizen by descent.

(a) The father or the mother of your parent who was a British citizen by descent at the time of your birth was a British citizen otherwise than by descent. Your British Citizen parent had been in the UK for a minimum of 3 consecutive years before your birth and during that 3 years he/she did not spend more than 270 days outside the UK; or

(b) You and your parents were in the UK for at least 3 years before the date you apply for your registration and during these 3 years time neither you nor your parents or spent more than 270 days outside the UK. Also, both your parents gave consent to the registration; or

  1. You are a British Overseas Territory citizen, a British National (Overseas), a British Overseas citizen, a British subject or a British protected person.

(a) You were in the UK 5 years before the date you apply and during this period you did not spend more than 450 days outside the UK and in the last 1 year before the application, you did not spend more than 90 days outside the UK, or

(b) The secretary of state is satisfied that you don’t have any other nationality and you have not voluntarily lost you’re any other nationality after 4 July 2002; or

(c) State secretary is satisfied that you are a British National (Overseas) only after 19 March 2009; or

  1. You were born outside the UK on or after 13 January 2010 and you are under 18 at the time of application. At the time of your birth, either of your parents was a member of the armed forces posted outside the UK and they give consent to the registration

You can also apply for the registration based on entitlement if you renounced your British citizenship in the past and it was necessary for you to attain or retain citizenship of other nationality.

Apart from entitlement, you are also eligible to apply for the registration based on “discretion”. You can apply for the registration on a discretionary basis before you turn 18.

“Good Character” is an essential requirement for those who apply at the age of 10 or above.

How to apply?

Any individual above the age of 18 can apply for the registration as a British citizen on their while for children below 18 the form can be filled by their parent or guardian.

Application fee

If you are below 18 the application fee to be paid is £1,012 and £1,206 for those who are aged 18 and above.

How long does it take to get a decision?

Generally, you receive a decision within 6 months but in some circumstances, it may take longer also.

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