Immigration Bill 2014 has drastically reduced the right to appeal against Immigration Decision. Only the following Immigration decisions give rise to statutory right of appeal.
(a) the Secretary of State has decided to refuse a protection claim,
(b) the Secretary of State has decided to refuse a human rights claim, or
(c) the Secretary of State has decided to revoke protection status.
Appeals are not always a straightforward issue. Drafting grounds of appeal, recording witness statements and preparing documentary evidence in an appeal bundle mostly need services of a legal professional.
There are two types of appeals.
If you are denied a UK visa or leave to enter, you will be informed about your right to appeal against the decision. If you have right to appeal the decision, you must submit your appeal within 28 days.
If you applied for entry clearance or visa and your application is refused without right of appeal, you can still challenge the decision through Administrative Review. If there is no right of appeal against a decision and decision is unlawful such decision can be challenged through Judicial Review. We have successfully challenged refusals of the visa officers and our clients got visas to enter UK.
In country appeals are against the decision of the Secretary of State for Home Department. These are usually against refusal in asylum and humanitarian protection claims, extension of further leave to remain in breach of Human Rights, curtailment of current leave or revocation of refugee status or indefinite Leave to remain or permanent residence, refusal to grant residence documents under EEA Regulations, deportation or removal from the United Kingdom.
More information on appeals can be found at Immigration and Asylum Tribunal.
Permission to Appeal
If your appeal dismissed by the First-tier Tribunal, it does not mean you lost your case and it is an end of the world. You still have a statutory right to make an application for permission to appeal in case there is a material error of law. We have successfully challenged number of decisions through permission to appeal. In complicated cases we consult our barristers before challenging the decisions of the First-tier Tribunals.
Asylum is an international protection to a person who suffer persecution in his/her own country on the basis of race, religion, nationality, political opinion or membership of particular social group. These reasons are also known as conventional reasons. United Kingdom has a great tradition to offer protection to people who suffer persecution in their own countries. Currently this protection is given under the 1951 United Nations Convention Relating to the Status of Refugees.
To be recognised as a refugee, one must have been out of his/her country and be unable to go back to their country of origin because of well-founded fear of persecution for reason of race, religion, nationality, membership of particular social group or political opinion. For further details click Asylum and Humanitarian Protection.
If someone fear risk of serious harm can make a humanitarian protection claim under the European Convention on Human Rights, which prevents the United Kingdom to send someone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment. Find full details about UK law and Immigration Rules about asylum and humanitarian protection.
If you are recognised as a refugee in UK, you and your dependants will be granted 5 years limited leave to remain in UK. You will be eligible for almost same rights as of a settled person with few exceptions. If you have family members in your country of origin or somewhere else they are entitled to join you under Home Office family reunion scheme. After 5 years residence in UK, refugee and dependant family members are allowed to make an application for permanent settlement in UK. Home Office charge no fee from refugee and his family members.
The UK adheres to the European Convention on Human Rights, which prevents from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment.
If you do not qualify for recognition as a refugee but Home Office think there are humanitarian reasons why should you stay in the UK, Home Office may give you temporary permission to stay in UK.
Living in the United Kingdom and being British citizen is different both in rights, privileges and responsibilities. If you are settled in UK with permanent rights to live in UK, you can apply for naturalisation or registration as a British citizen. There are different forms of nationality:
There are seven requirements to meet before applying for British nationality.
Once your application will be accepted you need to participate in oath ceremony to become a British citizen. For children below 16 there is no requirement for oath of allegiance.
United Kingdom and Northern Ireland left the European Union on 31 January 2020. The UK announced the EU settlement scheme for EU nationals and their family members to apply for pre-settled and settled status in UK. That scheme ended on 30 June 2021. It means that if any EU national wishes to work or live in UK, they need to apply under the UK immigration categories. However, EU nationals who have pre-settled or settled status can still have family members apply to join their family in the UK, so long as they were family members prior to the 31st of December 2020. Those EU citizens who are in UK and they couldn’t apply before the 30th June 2021, can still apply if they have reasonable ground to explain why they were not able to apply before 30 June 2021.
The European Union consists of Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Romania, Bulgaria and the UK. Although Iceland, Liechtenstein, Swiss and Norway are not members of the European Union (EU), their citizens have the same rights as EU citizens to enter, live in and work in the UK.
Asylum seeker is a person who is outside his country and due to risk to life, liberties and fundamental Human Rights is unable to return to his/her country of origin. UK immigration rules recognise such person as a refugee. Each years thousands of people make asylum claims in UK, but all are not accepted due to lack of evidence, change of circumstances or credibility of the claimant. Currently there are huge number of failed asylum cases which are categorised as old cases.
If you are a failed asylum seeker and your have following circumstances,
If any of the above situation applies to you, contact dedicated team of professional UK immigration solicitors at The International Solicitors to make further submissions.
UK Border Agency usually detain people who have no immigration status in or to change or re-categorize their immigration leaves or to deport them. Our immigration team will help and advice you to challenge the detention and apply for temporary admission or Immigration Bail and if you are served with deportation order we will advise and assist you to revoke the deportation order. We will visit you in any detention centre if necessary otherwise we will take your instructions over the phone.
While you are in detention, it is your right to make an application for Immigration Bail. We can visit you in prison or detention anywhere in England & Wales to take your instructions to make your bail application. The bail applications are fixed in the First-tier Tribunal Immigration and Asylum Chamber. Relevant form for immigration bail application is Form B1.
We represent our clients in all the courts including the High Court, Court of Appeal, Supreme Court and European Court of Human Rights. In cases where you do not have a right of appeal, you can still challenge the decision by way of Judicial Review. Judicial review is a procedure by which some one affected by a decision, action or failure to act of a public authority including UK Border Agency may make an application to the High Court or Upper Tribunal Immigration and Asylum Chamber. Court will decide whether the authority has acted lawfully or unlawfully.
Here are few examples of acting unlawfully;
There is a 3 months deadline for making an application for judicial review, from the date of the act or omission that is being challenged, although there is an obligation on the person wishing to make an application for JR to act promptly.
Overstayer is a person who entered into UK with a valid leave to enter or leave to remain but leave runs out and now living without leave. Overstayer is expected to leave UK under the UK Immigration Laws, alternatively he/she is liable to be detained and removed from UK.
If you are an overstayer but you fall in any of the following situations, you may be able to make an application as an overstayer for getting some sort of leave to remain in UK,
If any of the above situation applies to you contact dedicated team of professional UK immigration solicitors at The International Solicitors.
There are different routes and categories for permanent settlement in the United Kingdom and each category has it’s specific requirements. Most common categories for permanent settlement are, spouses, High value migrants like business entrepreneurs and investors, long residence, refugees and persons granted with humanitarian protection.
We are proud of our highest success rate in our permanent settlement applications. Our immigration specialist team have immense experience to advise and assist you to make your permanent settlement application in your category.
United Kingdom is recognized as a global centre of quality education in the world. Four out of top six world universities are in the United Kingdom. Each year over half a million international students come to United Kingdom for studies. Our team of professional solicitors, educational consultant and advisers have a profound knowledge and experience to help and advise you to make a successful visa application as a student and if you are already studying in UK to make an application for extension/further leave to remain. We have experience of over 12 years to proudly helping the students to fulfil their dreams to get world class education in UK.
Tier 4 (General)
As a Tier 4 (General) student, you must have 40 points in our points assessment. 30 points for having a valid confirmation of acceptance for studies, which you get for studying a course at an acceptable level with an approved education provider and for having acceptable English language skills. 10 points for having enough money to cover your course fees and living costs. You can calculate your points on point calculator.
Tier 4 (Child)
As a Tier 4 (Child) student, you must have 40 points in our points assessment. 30 points for having a valid confirmation of acceptance for studies, which you get for studying a course at an acceptable level with an approved education provider. 10 points for having enough money to cover your course fees and living costs. You must have care arrangementsin UK.
If you are an adult and you want to undertake a short course of study in the UK such as a beginner’s English Language course or a work-related training course, you might be able to come here as a student visitor. Student visitors are allowed to come to the UK for 6 months or 11 months if they will be studying an English Language course. When you enter the UK, UK immigration will stamp the duration of your permission to stay in your passport. You cannot extend your stay beyond this period.
The child visitor category is for children aged under 18 years old who want to come to the UK for up to 6 months or up to 12 months if they are accompanying an academic visitor. This includes children who want to study in the UK for up to 6 months. If a child wants to study here for more than 6 months, they must apply under Tier 4 (Child).
Student applicant are no more entitled to challenge the refusal of visa application or further leave through appeal, however, an incorrect and unlawful decision can still be challenged successfully through Administrative Review or Judicial Review.
Over Partner in Pakistan
Progress International Consultants Solicitors is our official partner in Pakistan. Their dedicated team provide excellent and honest advice to prospective students. They help the students throughout the process of admission in prestigious institutions in all over the UK.
United Kingdom is a great tourist destination in the world. Over 30 million people visit UK each year, half of it visit London attractions. People also visit UK to find business opportunities, to watch or participate in sports or for a medical treatment. Each category has it’s specific requirements.
Making an application for visit visa is not too difficult and it’s information can be found from UK Visa & Immigration. However if your application will be prepared by an immigration solicitor it would be more in accordance with the requirements of immigration rules. If you need our advice or assistance to prepare your visitor visa application in any category, we will charge a minimal legal cost fee for it. We assist our client all over the world no matter where you are. You can contact us online.
Keeping in touch with family members is very important. People living in UK have their families members all across the world. We offer full legal service for family visitors to advise and prepare the visa applications. In case your visa application is refused you can contact our immigration solicitors for assistance. We have immense experience of challenging visa refusal decisions through administrative review or judicial review.
If you want to do business in the UK, you should apply to come here as a business visitor or as a child visitor if you are under 18. This includes academic visitors, and doctors undertaking clinical attachments or the PLAB test. If you want to come to the UK to set up business and you need to spend time here first in order to hold discussions and secure funding, you can apply for a business visitor visa. If you want to come to the UK as a visitor to do short-term, fee-paid activity you can apply for a visa as a permitted paid engagement visitor.
If you want to study in the UK for up to 6 months or up to 11 months if you will be studying an English Language course, and you will not work while you are here, you can come here as a student visitor or as a child visitor if you are under 18. For full details of student visa click UK Visa & Immigration.
If you have a child aged under 12 who will be studying in the UK under Tier 4 (Child) of the points-based system, you can apply to accompany them as a parent of a child at school. You will be allowed to work or set up your own business. for full details click UK Visa & Immigration.
If you want to take part in any sporting events in the UK, you might be able to come here as a sports visitor or a visitor undertaking permitted paid engagements or as a child visitor if you are under 18. For full detail click UK Visa & Immigration. If you do not meet the requirements to be a visitor, you will need to apply under Tier 5 of the points-based system.
If you want to get married or register a civil partnership in the UK, you should apply to come here as a visitor for marriage or civil partnership. If you want to live in the UK after you get married, you need to switch as husband, wife or partner. See the details at UK Visa & Immigration.
Visa for Medical Treatment
If you want to receive private medical treatment in the UK, you should apply to come here as a visitor for private medical treatment. For full details click UK Visa & Immigration.
This category is for health and care professionals. UK has shortage of staff in NHS and care industry. Therefore, UK government has announced this category to coup with the demand. Applicants need to get a job offer and certificate of sponsorship from NHS or UK Home Office approved employer in the health care. Applicants need to pass approved English language test. They can bring their dependant family members.
This category is for people who are internationally recognised as world leaders or potential world-leading talent in the fields of academia, science and research, art and culture and digital technology. Application can be made from outside UK for Entry Clearance and from inside UK for leave to remain or variation of leave to remain. If you are applying for this category, you will get 3 years leave on initial application and then 2 years extension. After completing 5 years residence with this category you will be eligible to apply for settlement in UK. Your dependent family members are allowed to join you in UK.
This category is for those who want to set up and run an innovative business in the UK, it must be something different from anything else already in the market. Applicants also need endorsement by an approved body, also known as an endorsing body.
This category is for those persons who got job offer from UK employers. All you need is a certificate of sponsorship from Home Office approved employer with job offer for £25600 or more annual salary, to pass an approved English Language Test and £1275 maintenance funds in your account for 90 days before making the application. You can have a second job in the same sector and at the same level as your main job for up to 20 hours per week and another 20 hours per week for a job in the shortage list. You will get 3 years leave and then an extension of further 3 years. Your can bring your family to UK. You can study if your work will allow. You can apply for settlement after 5 years. You and your family will not be eligible for public funds.
This category is for those persons who’s oversees employers offer job in UK. You need a certificate of sponsorship from your employer. You can stay in UK for 5 years if you are paid less than £73000 or 9 Years if you are paid £73000 or more per years. You can ring your family. However, you and your dependants will not be eligible to settle in UK. It means at the end of the term, you and your dependants need to leave UK.
This category is for those who entered into UK as student and successfully completed a course of study which is minimum 12 months long. Applicants will get two years leave to remain will full rights to work and live. They can also bring their dependant family members.
This category is for those persons who are offered job within a faith community (e.g. as a minister of religion, missionary, or member of a religious order) in the UK. Applicants need a certificate of sponsorship from their faith organisation and to pass English language test. This leave is for 3 years and extendable for further 3 years. Applicant can do a second job but they need permission from Home Office. They are entitled to bring their dependant family in UK.
This category is for elite sports players or coaches recognised by the sports governing body as internationally established at the highest level. Applicants need a certificate of sponsorship and to pass an approved English language test before applying for visa. They will get 3 years leave extendible for further 3 years. They can bring their dependant family in UK.
There are numerous other categories for short terms visas including seasonal workers, charity workers, Government authorised schemes and other. You can contact us to find a suitable category for you.
If you have lived in the UK for 10 years on lawful basis without any break you are eligible to apply for Indefinite Leave to Remain. If you arrived in UK and made an asylum or protection claim and subsequently granted leave to remain on any family, private life, outside the rule or on discretionary basis, you may qualify for Indefinite Leave to Remain.
Please contact The International Solicitors for a free consultation and assessment whether you qualify or not. We have extensive experience of making successful applications for our clients. We provide excellent service, helping you save money and assist at every step of the application process and ensure your journey to citizenship is a fast and stress-free one.
If you are married with someone who are British citizen orsettled in UK, you can apply as a partner/Spouse, you and your partner both need to be 18 or over.
Your partner must also be either;
You and your partner must intend to live together permanently in the UK after successful application. Applicants need to pass an acceptable and Home Office approved English language test and your spouse needs to prove an income of £18600 per year and an adequate accomodation. You need to pay Immigration Health Surcharge to access health services. You will be allowed to work and study but there will be no recourse to public funds.
Child VisaIf you are less than 18 years old and one of your parents are British citizen or present and settled in UK, you are eligible to join your parents in UK. Your parents need to meet maintenance threshold and adequate accomodation test. On a successful application, you will be allowed to study free in state schools.