FAQs

UK Immigration & Nationality Law FAQs
Ask Advice on UK Immigration & Nationality Advice:-

What is UK Immigration Law and how is it different from Nationality Law?

UK Immigration Laws grant permission to migrates to live and work in the UK, the most used laws explaining these are Immigration Act 1971 is the primary statute dealing with rules on migration; Borders, Citizenship and Immigration Act 2009 and Immigration and Asylum Act 1999  which defines the right to live in the UK, for citizens, some other British nationals and some Commonwealth citizens.

British Nationality Law, on the other hand, defines people nationality if born in the UK have and or how a migrant acquires British Nationality, through the application of the British Nationality Act 1981 which has been significantly amended, including British Nationality (Falkland Islands) Act 1983; Hong Kong Act 1985 and Hong Kong (British Nationality) Order 1986; British Nationality (Hong Kong) Act 1990, which introduced the British Nationality Selection Scheme; Hong Kong (War Wives and Widows) Act 1996 British Nationality (Hong Kong) Act 1997; Adoption (Intercountry Aspects) Act 1999 British Overseas Territories Act 2002; Nationality, Immigration and Asylum Act 2002Immigration, Asylum and Nationality Act 2006; Borders, Citizenship and Immigration Act 2009

As you can now understand these areas of Law are completely different and will affect you in different situations.

If you are a migrant looking to live and work in the UK then UK Immigrations Law will affect and determine your rights.

If you are born in the UK to settled parents, or you have British Grandparents as a migrant, or you were born as a British Subject in a British Overseas Territory and wish to live in the in the UK, then The British Nationality Act 1981 and (others) will determine your rights.

Must you pay the Health Surcharge Insurance Charge?

You may be a non- EEA National you have been granted permission to live and work in the UK for more than 6 months, you are by law expected to pay this charge.

The Immigration Act 2014 made changes to the charging rules. These changes are two-fold. First, section 39 of the Act changes the meaning of "ordinary residence" in section 175 of the National Health Service 2006 Act as it relates to non-EEA nationals who are subject to immigration control. Since 6 April 2015, such individuals also must have indefinite leave to remain in the UK to be ordinarily resident here. Second, section 38 of the Immigration Act authorised the Home Secretary to introduce an immigration health charge (known as the health surcharge) to be paid by non-EEA nationals, subject to immigration control, who apply to reside temporarily in the UK for six months or longer. The health surcharge is paid at the same time as a visa applicant pays their visa application fee.

There are exemptions from paying the health surcharge for certain people, and the Home Secretary has the discretion to reduce, refund or waive all or part of the health surcharge. The health surcharge is payable for new visa applicants who have made an application for a visa on or after 27 April 2015.

However, do note that the Home Office or UK Visa Centre, will refund this fee, back to you if your application is refused.

Has the law changed and how will it affect your application?

To understand which UK Immigration laws have changed and how you will be affected by the change, you should contact us today on 01634 828288.

Do you have enough time to submit your application?

As non-EEA nationals who are subject to immigration control, you need to ensure that you are aware as to when your visa will expire if you are in the UK

Otherwise, if you are outside of the UK you are not subject to time limitation – unless your UK visa states this condition

What are the implications of submitting an application out of time?

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Ask us to represent you at the Home Office?

To understand how you will be affected by the change, you should contact us today on 01634 828288.

Administrative Review:-

What is Administrative Review?

The Immigration Act 2014: allows you to request the application to the Home Office a review of its decision again. If the Home Office does not change its mind, then the only challenge will be judicial review in the High Court, a costly and time-consuming remedy.  Appendix AR to the Immigration Rules sets out which decisions for applications for visas or visa extensions are eligible for administrative review.

AR2.8 Where administrative review is pending (as defined in AR2.9) the Home Office will not seek to remove the applicant from the United Kingdom.

Administrative review is regarded as pending for the purposes of sections 3C(2)(d) and 3D(2)(c) of the Immigration Act 1971.

Who can apply for the process?

An administrative review is available to correct case-working errors in certain Tier 4 (student) decisions since 20 October 2014. From 2 March 2015, it has been available for decisions on Points-based System applications where the application (as opposed to the decision) was made on or after that date. From 6 April 2015, administrative review it has been available for all decisions under the Immigration Rules where there is no longer a right of appeal.

There are three categories of applicants who will not be entitled to an administrative review   even though they do not have a right of appeal:

1) Visitors and short-term students If you are refused entry clearance as a visitor or a short-term student you will have to make a further application as a visitor, addressing the reasons for refusal, rather than applying for administrative review.

2) Persons given notice of liability for removal If you are liable for removal from the UK you will be given notice that you are expected to depart from the United Kingdom.  If you submit further applications for leave to remain at this point, you are not able to have the refusal of those applications administratively reviewed.

3) Persons whose leave is cancelled There is no right of appeal or administrative review against the decision to cancel a person’s leave to remain or enter once they are already in the UK.

Can you apply for this from the UK?

Yes, you will be told in your application refusal letter by the Home Office if you can ask for the decision on your visa application to be reviewed. You can ask for your application to be reviewed if one of the following apply: your application was refused; your application was granted but you’re unhappy with the amount or conditions of your leave.

If your application was refused, you must apply for an administrative review within 14 days of getting the decision. Your refusal letter will tell you how to apply. It costs £80. You must apply within 7 days if you’ve been detained. If your application was granted but you’re unhappy with the amount or conditions of your leave, you must email the Home Office within 14 days of getting your biometric residence permit.

Home Office admin.review.enquiries@homeoffice.gsi.gov.uk

Contact UK Visas and Immigration (UKVI) if you have a general enquiry about immigration.

What happens when you are refused administrative review?

If your request for administrative review is refused and the refusal is maintained by the Home Office (decision maker), you have the option to challenge the refusal by way of Judicial Review in Upper Tribunal within 10 days from the date of the refusal letter.

We can conduct your Pre-Action Letter prior to Judicial Review only, and will then signpost you to an Expert UK Immigration Litigation Solicitor.

Asking us to represent you at the Home Office to carry out the administrative review process?

To understand how you will be affected by the change, you should contact us today on 01634 828288.

British Citizenship:-

Understanding which application is right for you?

British citizens usually hold this status through a connection with the United Kingdom, Channel Islands and Isle of Man ("United Kingdom and Islands"). Citizens of the United Kingdom and Colonies (CUKCs) who possessed right of abode under the Immigration Act 1971 through a connection with the UK and Islands generally became British citizens on 1 January 1983. To understand which category, you come under depends upon when and where you were born and your parents nationality.

What is the difference between British Citizenship and Applying for a British Passport?

British citizenship is the most common type of British nationality, and the only one that automatically carries a right of abode in the UK.

Other rights can vary according to how the British citizenship was acquired. In particular there are restrictions for 'British citizens by descent' transmitting British citizenship to children born outside the UK. These restrictions do not apply to 'British citizens otherwise than by descent'.

You are awarded British citizenship by application for “Naturalisation” show sufficient knowledge of life in the UK, either by passing the Life in the United Kingdom test or by attending combined English language and citizenship classes. Proof of this must be supplied with one's application for naturalisation.

Those aged 65 or over may be able to claim exemption or meet specified English, Welsh or Scottish Gaelic language competence standards. Those who pass the Life in the UK test are deemed to meet English language requirements.

Can you apply for this from within the UK?

Yes; You can apply for British citizenship from the UK if:

And you must usually also have:

  • lived in the UK for at least the 5 years before the date of your application
  • spent no more than 450 days outside of the UK during those 5 years
  • spent no more than 90 days outside of the UK in the last 12 months
  • had settlement ('indefinite leave to remain') in the UK for the last 12 months if you're from outside the European Economic Area (EEA)
  • had permanent residence status for the last 12 months if you're a citizen of an EEA country - you need to provide a permanent residence document
  • not broken any immigration laws while in the UK
Can you apply for this if you have criminal convictions?

Schedule 8 of the International Criminal Court Act 2001 states that you must declare all convictions, current and spent. You must give details of all civil judgments which have resulted in a court order being made against you as well as any civil penalties under the UK Immigration Acts. If you have been declared bankrupt at any time you must give details of the bankruptcy proceedings. Your application is unlikely to succeed if you are an undischarged bankrupt.

If you provide forged or fraudulently obtained documents you may be investigated under section 46 of the British Nationality Act 1981. We will press for prosecution which may include up to 3 months imprisonment or a fine not exceeding £5,000 or both.

Do you need to pass the Living in the UK Test and the English Language test?

Yes, this service is provided by http://www.gov.uk/life-in-the-uk-test/overview

Can a EEA National apply for British Passport?

Yes, you must have permanent residence status for the last 12 months if you’re a citizen of an EEA country - you need to provide a permanent residence document as contained under the British Nationality Act 1981

Can you loss British Citizenship?

Yes

Asking us to represent you at the Home Office to carry out the process?

To understand how you will be affected by the change, you should contact us today on 01634 828288.

Business Sponsor Visas:-

What types of sponsorship's can UK Businesses Offer?

Yes, You can apply for a Standard Visitor visa if you want to visit the UK for business-related activities

Turkish Business Person visa;
Business Visitor Visas;
Long-Term Business Visitor Visas;

What is a Business Visa and how can you qualify for it?

 

Do you need to provide investment/money to apply?

 

Can you switch to this visa from the UK?

No

How we can help you during this process?

 

EEA Applications:-

What type of application should you make?

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Do you include all my family members in the application?

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Will you be allowed to apply for welfare benefits and housing?

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Can you be refused a residence permit?

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What types of EEA permits can you apply for?

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I have been told I do not need a residence permit?

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Can your non EEA Family member be refused permission to live and work the UK?

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How long it take to obtain a decision to my application?

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Can the application be submitted in the UK?

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Asking us to represent you at the Home Office to carry out the process?

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Family Members Applications:-

There are different types of applications depending on who the family member is?

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Must the sponsor be a British Citizen sponsor a family member?

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Can a family member be refused a visa or be removed from the UK?

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How long does it take the Home Office is give a decision

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Judicial Review Pre Action Stage Applications:-

What are the requirements for Judicial Review requirements?

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What is a Pre Action Stage Service?

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How can we help you – only at Pre Action Stage?

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What happens if the Home Office refused the Pre Actions Stage request?

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Spouse & Civil Partnerships, Marriage visits:-

Do you have the right to apply for a spouse visa?

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What is a spouse visa?

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What is the difference between Marriage Visit Visa?

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What is a same sex visa or a civil partner visa UK?

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Can you switch to this visa from the UK?

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Must your UK Spouse prove his or her income level?

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What if the UK Sponsor is on Benefits?

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What does adequate maintenance mean?

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Asking us to represent you at the Home Office to carry out the process?

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Sponsor Licence Applications:-

Why does a UK Employer require the Sponsor Licence?

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How to apply for a Sponsor Licence?

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Can the Sponsor Licence be refused?

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Why are Employers Fined by the Home Office?

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Fast Track Sponsor Licence services?

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Asking us to represent you at the Home Office to carry out the process?

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Tier 1:-

Can I apply for a Tier 1 Visa?

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Tier 1 Extension Applications?

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Tier 1 visa refused?

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Can my family join me on a Tier 1 visa?

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Tier 2 General Visa :-

Tier 2 General Application and Eligibility?

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Can I switch to Tier 2 General Application from the UK?

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Tier 2 General Sponsor Guidance Notes are helpful?

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Does a Tier 2 General Application require a Certificate of Sponsor?

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How do I obtain a Certificate of Sponsor?

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Tier 5 General Visa:-

Tier 5 General visa Application and Eligibility?

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Entertainment & Sports permits to work in the UK?

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Entertainment permits to perform in the UK?

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How do I get a Certificate of sponsor as Entertainer or Sports person?

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