Immigration Law
Immigration Law is a field of law which regulates the entry into and staying in the UK. It sets out who has the right to live in the UK and who is subject to or exempt from immigration control. The key primary legislation for immigration law is the Immigration Act of 1971. British Nationality Act 1981, Immigration and Asylum Act 1999, Nationality, Immigration and Asylum Act 2002 and Borders, Citizenship and Immigration Act 2009 are also some important pieces of legislation which you might encounter in this field of law. The rules and requirements set out in these legislations provide the basis for the Home Office's decision-making on applications for leave to enter and remain in the UK. The Immigration Rules are often very complex and can be difficult to navigate due to the cross-cutting nature of some of the requirements. The immigration rules frequently change. Therefore, it is important to consult our specialized solicitors to ensure that your application submitted to the Home Office is made in line with the most recent version of the Immigration Rules.
The UK government recently announced an increase to the minimum income/ financial requirement threshold from £18,600 to £29,000 which came into effect in April 2024. The spouse visa is also known as a UK marriage visa which permits the legally married partners of UK citizens, who are already settled in the UK, to apply for settlement to live with them in the UK.
To qualify as partners applying for residency in the UK, both individuals must be at least 18 years old and fulfil specific citizenship or immigration status conditions. The Sponsor/ spouse/ partner in question needs to fall under one of the following categories:
Additionally, you must:
The duration of stay permitted on this visa is 2 years and 9 months. However, for applicants applying as fiancés, fiancées or proposed civil partners the allowed duration is 6 months. Following this period, individuals must apply for an extension to continue their stay in the UK. If an extension is granted or if one switches to this visa category, the permitted stay duration in the UK is 2 years and 6 months.
The visitor visa in the UK includes general visitor visa, child visitor visa, sports visitor visa, business visitor visa, family visitor visa, marriage visitor visa, etc. To apply for the standard UK visa, it must be applied online from outside the UK.
Possession of a valid passport or travel document for entry into the UK, valid for the entire duration of your stay.
You must demonstrate that:
You can apply for a UK Ancestry visa if you're one of the following:
You must also:
Prove one of your grandparents were born in the UK, the Channel Islands, or the Isle of Man meet the other eligibility requirements.
Under this visa, you are permitted to reside in the UK for a period of 5 years.
Upon completing 5 years of residency on this visa, you may have the option to either:
With a UK Ancestry visa, you can:
Your work can be:
You cannot:
Change ('switch') into this visa if you came to the UK on a different visa or get public funds.
However, it's important to note that UK ancestry cannot be claimed through step-parents.
For those aged 16 or 17 intending to study at an independent school in the UK, eligibility may exist for a Child Student visa instead. This visa category has replaced the previous Tier 4 (General) student visa.
It depends on where you are applying. If you are applying from outside the UK:
The earliest you can apply for a visa is 6 months before you start your course. You'll usually get a decision on your visa within 3 weeks.
If you are applying from inside the UK:
The earliest you can apply is 3 months before your course starts. You must apply before your current visa expires. Your new course must begin within 28 days of your current visa expiring. You'll usually get a decision within 8 weeks.
You can arrive before your course starts. This can be either:
When you apply for your student visa you must provide:
Once they've offered you a place on the course, your education provider will send you a reference number called a Confirmation of Acceptance for Studies (CAS). You must enter this reference number on your visa application. You must apply for your visa within 6 months of receiving your CAS.
Written consent is required from both parents or legal guardians, unless one parent holds sole responsibility. This consent should cover:
Additionally, you must submit a copy of your birth certificate or another government-issued document like an affidavit that lists the names of your parents.
A Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer. This visa has replaced the Tier 2 (General) work visa. It also allows you to work in UK waters.
To be eligible for a Skilled Worker visa, you must:
Specific eligibility criteria are determined by the nature of your employment. It is imperative to secure a confirmed job offer prior to visa application.
Proficiency in English is mandatory. You must demonstrate competence in speaking, reading, writing, and understanding English, typically by providing evidence of language proficiency during the application process.
Your visa can be valid for up to 5 years, after which you must apply for an extension or update if necessary, such as in case of a job change or employer transition.
You have the flexibility to apply for visa extensions repeatedly, provided you continue to meet the eligibility criteria.
Applications for a visa can be submitted up to 3 months prior to the anticipated start date of employment in the UK, as indicated on the certificate of sponsorship. During the application process, you are required to verify your identity and submit necessary documents. Additional time may be needed if an appointment is required, which will be communicated to you during the application process.
Following the online application submission, identity verification and document submission, you can typically expect to receive a decision on your visa within:
Expedited processing options may be available for an additional fee, depending on whether you are outside or inside the UK. The process for expediting the decision will vary based on your location.
We assure you that we offer the advice which is best for you. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.
Our team is located in Reading and Hounslow. To find out more, please get in touch with us.
You can contact us via
Telephone: 07830970711
E-mail: gl@rlcsolicitors.co.uk
Address: REGISTERED OFFICE ADDRESS:
10 Wychelm Road, Reading, Berkshire RG2 9DJ
A Health and Care Worker visa allows medical professionals to come to or stay in the UK to do an eligible job with the NHS, an NHS supplier or in adult social care.
To qualify for a Health and Care Worker visa, you must:
If you're a care worker or senior care worker working in England, your employer must also be registered with the Care Quality Commission. You must have a confirmed job offer before you apply for your visa.
You must be able to speak, read, write, and understand English. You'll usually need to prove your knowledge of English when you apply.
Your visa can last for up to 5 years before you need to extend it. You'll need to apply to extend or update your visa when it expires or if you change jobs or employer.
A Graduate visa gives you permission to stay in the UK for at least 2 years after successfully completing a course in the UK. You must be in the UK when you apply.
To qualify for a Graduate visa, the following criteria must be met:
If you are uncertain whether your educational institution has notified the Home Office of your course completion, you can inquire with them directly or contact us for expert assistance.
A Graduate visa lasts for 2 years. If you have a PHD or other doctoral qualification, it will last for 3 years.
Upon successful application, you will receive a comprehensive outline detailing the permissible and prohibited activities under the Graduate visa.
You can apply for a Global Talent visa to work in the UK if you're a leader or potential leader in one of the following fields:
You must also be at least 18 years old.
The duration of your stay in the UK is initially up to 5 years, during which you are permitted to reside and work.
Additionally, you'll need a blank passport page for your visa if you are:
You may be able to apply for indefinite leave to remain if you've been in the UK legally for 10 continuous years (known as 'long residence'). Indefinite leave to remain is how you settle in the UK. It's also called 'settlement'. It gives you the right to live, work and study here for as long as you like and apply for benefits if you're eligible. You can use it to apply for British citizenship.
If you're aged 18 to 65 years old, you must:
Continuous residence is time you've spent in the UK without gaps. You can leave the UK during the continuous residence for up to 180 days in any 12 month period.
If your time abroad began before 11 April 2024 during the 10-year qualifying period, you do not have continuous residence if you were abroad for more than:
You'll need to provide a certified translation of any documents that are not in English or Welsh.
We assure you that we offer the advice which is best for you. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.
Our team is located in Reading and Hounslow. To find out more, please get in touch with us.
You can contact us via
Telephone: 07830970711
E-mail: gl@rlcsolicitors.co.uk
Address: REGISTERED OFFICE ADDRESS:
10 Wychelm Road, Reading, Berkshire RG2 9DJ
Immigration detention involves the confinement of individuals under immigration control while awaiting entry permission or undergoing deportation or removal proceedings. It's an administrative practice, distinct from criminal procedures, as decisions are made by immigration authorities rather than courts or judges.
Unlike several European nations, the UK lacks a time limit on immigration detention. While Home Office policy emphasizes the sparing and brief use of detention, the reality reveals thousands detained annually, with some experiencing prolonged periods of confinement, leading to significant mental distress.
Approximately 24,000 individuals are detained annually under the powers granted by the Immigration Act, encompassing a diverse range of circumstances. This includes asylum seekers whose claims have been rejected, those whose asylum claims are pending while detained under the Detained Fast Track system, individuals who have overstayed or violated visa conditions, or foreign nationals facing deportation following completion of a prison term etc.
The detained population comprises a mix of newly arrived individuals and long-term residents of the UK, with categories often overlapping; for instance, non-British nationals may seek asylum while incarcerated. Approximately half of those detained have previously sought asylum at some point in their immigration journey.
We assist individuals in challenging detention decisions through strategic appeals, ensuring that your voice is heard, and your rights are protected. We also bring cases to challenge the way detainees and prisoners are treated, such as inadequate medical treatment, the lack of facilities for the disabled, the unnecessary use of handcuffing and segregation, and the use of excessive force in detention and during removals.
A considerable portion of our clientele comprises children, vulnerable adults, and their families who find themselves in immigration detention. Our representation frequently involves cases where children are mistakenly identified as adults and subsequently detained in immigration removal centers, facing the imminent threat of deportation from the UK.
Our collective experience of visiting these centers for the last 10 years and the testimonies of people with lived experience of this system have made us the specialist in this field.
At RLC, we recognize the significance of attaining freedom for you or your loved ones amidst legal challenges. Our skilled team of solicitors specializes in meticulously preparing and presenting bail applications. With a demonstrated history of successfully securing our clients' release on bail, we understand the importance of this process.
To initiate the process of applying for bail, the first step involves requesting bail from a Chief Immigration Officer (CIO). A formal form must be completed and submitted to the Home Office, accompanied by all necessary information, and supporting documents for the bail application.
Typically, the Home Office is allotted a period of 10 working days to review and decide on the application. If the Home Office fails to grant bail within the stipulated 10 working days, an application for bail, along with supporting evidence, should be submitted to the Immigration & Asylum First Tier Tribunal.
The Tribunal expedites the bail application process, typically arranging for a hearing before a judge within 72 hours. During the bail hearing, the appellant's representative must be present, along with any individuals providing surety for bail. All documentation supporting the bail application must be provided to the Tribunal.
Subsequently, the Immigration Judge will render a decision on bail during the hearing. The general presumption of the Tribunal is that bail should typically be granted when considering a bail application. However, the Home Office will often endeavor to persuade the Tribunal against granting bail.
Having a place of residence lined up and at least one financial supporter, known as a surety, significantly enhances the likelihood of a successful application. A surety is someone who agrees to:
Drawing upon our extensive expertise, we possess a wealth of experience in crafting effective bail applications. Our meticulous approach and thorough attention to detail ensure the preparation of compelling and persuasive bail applications. With our guidance and vast experience, you can rest assured that you or your loved ones will have the highest likelihood of securing bail.
You must apply for asylum if you want to stay in the UK as a refugee. To be eligible, you must have left your country and be unable to go back because you fear persecution.
To qualify for refugee status in the UK, you must face an inability to live safely in any area of your own country due to the fear of persecution.
This persecution must be rooted in factors such as:
Moreover, if you are stateless, your country of usual residence is considered your own country. Additionally, it is necessary to demonstrate that you have been unable to obtain protection from authorities in your own country.
Your asylum claim may not be considered if:
Usually, a safe third country refers to a nation:
In terms of family members, you can include your partner and children under 18 as dependents in your application if they are present with you in the UK. If your application is approved, any dependents listed can usually remain for the same duration as you. However, they will not be granted refugee status unless they file their own asylum claim.
Obtaining refugee status affords individuals protection under the Refugee Convention. This enables them to apply for family reunification or seek assistance through a refugee integration loan, among other benefits.
If you're already in the UK, you must bring documents that prove your UK address. You'll need different documents depending on whether you're living in your own accommodation or staying with someone else.
This could be as:
You'll need to provide:
RLC Solicitors can provide you following services:
We assure you that we offer the advice which is best for you. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.
Our team is located in Reading and Hounslow. To find out more, please get in touch with us.
You can contact us via:
Telephone: 07830970711
E-mail: gl@rlcsolicitors.co.uk
Address: REGISTERED OFFICE ADDRESS:
10 Wychelm Road, Reading, Berkshire RG2 9DJ
Discretionary Leave to Remain (DL) refers to the authorization to reside in the UK, granted in situations falling outside the scope of the Immigration Rules, applicable to both asylum and non-asylum scenarios. While the Immigration Rules typically govern the immigration matters of most non-EEA nationals, there exist exceptional circumstances where individuals who do not meet the criteria under these rules may be considered for permission to remain in the UK.
As implied by its name, the decision to grant DL is at the discretion of the Home Office; it is not mandatory, but rather a discretionary measure. These permissions are granted sparingly, considering that the Home Office is not obligated to approve all applications.
There is no predetermined criterion for the granting of Discretionary Leave (DL); each case is individually evaluated based on its unique circumstances, including the compelling evidence presented and the potential repercussions for the applicant(s) if leave is denied.
The Home Office can issue DL for a maximum duration of 30 months (2 and a half years) unless additional compelling evidence justifies an extended period of leave. Furthermore, they must ensure that granting an extended period of leave does not confer unfair advantages for settlement upon the applicant(s) in comparison to those who meet the requirements outlined in the Immigration Rules.
As mentioned above, there is no specific set of circumstances that call for an application for DL but generally the following categories may apply:
At RLC, we have a demonstrated history of success in handling human rights applications, particularly Discretionary Leave (DL) applications, including initial submissions, extensions, or settlement applications. We are committed to providing comprehensive support and guidance to clients, assisting them through what can often be a challenging period in their lives.
In accordance with sections 3(5) and (6) of the Immigration Act 1971, the Secretary of State possesses the authority to issue a deportation order against any criminal offenses committed by a foreign national. Deportation entails the requirement for the individual to leave the country and may also entail their detention until removal.
If you are a foreign national convicted of a crime in the UK, there exists the potential for deportation. Furthermore, deportation from the UK carries the additional risk of being banned from re-entering the country for a period of up to ten years.
In case, any of the grounds is applicable to you then there is a possibility to challenge your deportation. Our expert solicitors have a wealth of experience and understanding of how to challenge deportation in a successful manner.
If your application against deportation is declined, the Home Office will issue a letter detailing the procedures for leaving the country, along with information regarding your appeal options. If an appeal is permitted, it is advisable to seek legal advice from our expert solicitors specializing in immigration deportation cases. They will evaluate your case to determine the likelihood of a successful appeal, considering factors such as:
If an appeal is not feasible, there may still be an option to pursue a judicial review of your case. There is a three-month time limit from the date of the home office decision to initiate this process.
You no longer can apply for a Start-Up Visa. another route has been initiated which is known as Innovator Founder Visa.
You can apply for an Innovator Founder Visa if:
You must be able to show that your business idea is:
Before you apply you need to have your business or business idea assessed by an endorsing body. They will provide you with an endorsement letter if your business is eligible.
You must also:
You must be able to speak, read, write and understand English. You'll usually need to prove your knowledge of English when you apply.
When you apply you need to provide an 'endorsement letter' to show that and endorsing body has assessed your business or business idea.
You also need to provide:
If your documents are not in English or Welsh, you'll also need to provide certified translations.
You'll need a blank page in your passport for your visa if you're:
You can stay for 3 years if you either:
You'll need to meet with your endorsing body after 12 months and 24 months to show you're making progress with your business. Your visa may be cut short if your endorsement is withdrawn by the endorsing body. If you want to stay longer, you must re-apply with a new endorsement before your current visa expires.
With an Innovator Founder visa, you can:
You cannot:
We assure you that we offer the advice which is best for you. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.
Our team is located in Reading and Hounslow. To find out more, please get in touch with us.
You can contact us via:
Telephone: 07830970711
E-mail: gl@rlcsolicitors.co.uk
Address: REGISTERED OFFICE ADDRESS:
10 Wychelm Road, Reading, Berkshire RG2 9DJ
The UK Expansion Worker visa (also known as Global Business Mobility visa) allows you to establish a branch of an overseas business in the UK. To be eligible, you must already work for the overseas business as a senior manager or specialist employee. Here are the key details:
Eligibility criteria for dependents joining you on the UK Expansion Worker visa include:
Modern slavery is a serious and often hidden crime in which people are exploited for criminal gain. It encompasses human trafficking and slavery, servitude and forced or compulsory labour. The impact can be devastating for victims.
The essence of human trafficking is that the victim is coerced or deceived into a situation where they are exploited. Article 4(a) of the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) defines 'human trafficking' as:
"the recruitment, transportation, transfer, harbouring or receipt of persons, using the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
The decision-makers should be aware of the possibility that applicants for assistance under Part 7 are victims of modern slavery and or are otherwise vulnerable. Particular care should be paid to children, especially where there are doubts about the relationship with any purported guardian.
The National Referral Mechanism (NRM) is the process by which people who may be victims of modern slavery are identified and supported by the UK government. Adults identified in the NRM will be connected with the appropriate support to assist them in rebuilding their lives, which may include support provided through the specialist government-funded Modern Slavery Victim Care Contract (including safe house accommodation, financial support and a support worker to help facilitate access to wider services), and support provided by local authorities and asylum services.
In order for people to be recognised as survivors of modern slavery and to receive protection in the UK, they must be recognised by the National Referral Mechanism (NRM). The NRM is part of the UK Home Office: the government department for things like immigration, policy and crime.
The NRM itself is made up of two bodies called the 'competent authorities':
These competent authorities directly handle the referrals that are put into the NRM. So, the NRM is the name of the system, and the competent authorities are the organisations (and people) who make the decisions in the system.
The main difference between the two competent authorities is that IECA is newer, and focuses on people who do not have immigration status in the UK (for example, because they were trafficked or smuggled into the UK). The SCA, by contrast, works with people who have immigrated to the UK as well as UK nationals who have been exploited.
We assure you that we offer the advice which is best for you. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.
Our team is located in Reading and Hounslow. To find out more, please get in touch with us.
You can contact us via:
Telephone: 07830970711
E-mail: gl@rlcsolicitors.co.uk
Address: REGISTERED OFFICE ADDRESS:
10 Wychelm Road, Reading, Berkshire RG2 9DJ
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