Immigration & Nationality Law is a very wide area of law which keeps changing and updating daily with the Immigration Rules, the appendixes and case law. We have over 20 years’ experience in this area of law.
For someone not born in the UK or who is not British or settled it is most likely that you will need to make an application for some form of status to reside in the UK
We deal with all aspects of Immigration Law to include:
Entry Clearance:
- Visitor visas to travel UK for Leisure (such as going on holiday or visiting family and friends) or
- Business purposes (such as a conference or meeting)
- To participate in a sports or creative event
- To take part in an exchange programme or educational visit (if you are under 18)
- For other reasons (such as private medical treatment)
- Pass through the UK in transit (on your way to another country)
- Convert your civil partnership into a marriage
- Travelling to the UK for business
For foreign nationals, the standard visitor replaced the business visitor visa. A standard visitor visa can now be used for the following business related purposes, amongst others:
- To attend a conference, meeting or training
- To take part in a sports event
- To take a clinical attachment or observer post (doctors and dentists)
- To take the Professional and Linguistic Assessment Board test (PLAB)
- To accompany students on a study programme or carry out research (academics).
- Business travellers on a visitor visa are not able to carry out paid or unpaid work or take part in any of the business-related activities prohibited by the visitor visa.
Work visas
The UK has a points-based system which controls the flow of workers going into the country. Whether it is possible to obtain a work visa depends on your profession, your nationality and other factors. EU citizens can live and work freely in the UK.
UK work visas are divided into different tiers depending on the type of work a person wishes to carry out in the UK. The most common types of UK work visas are the following:
- Tier 1 (Exceptional Talent): For those recognised as leaders within their fields.
Very few of these visas are issued each year.
- Tier 2 (Skilled Workers): For people offered a skilled job with a salary of at least £25,000.
- Tier 2 (Intra-company Transfer): For workers offered a transfer to a UK branch of their current company.
- Tier 2 (Minister of Religion): For people offered a job within a faith community.
- Tier 2 (Sportsperson): For elite sportspeople or coaches who have been endorsed by their sport’s governing body.
- Tier 5 (Temporary Worker): For those wanting to do temporary work as a charity worker, sportsperson, creative worker, religious worker, on a government-authorised exchange or as part of an international agreement.
- Tier 5 (Youth Mobility Scheme) For young people aged between 18-30 from Australia, New Zealand, Canada, Japan, South Korea, Hong Kong, Taiwan, or Monaco.
- Travelling to the UK for medical purposes
Visa to Study in United Kingdom
There are different types of UK student visas which are designed for different purposes.
- The long-term student visas fit into the same tier-based system as the work visas:
- Short-term study visa: For short courses such as an English language course or a training course. It is not designed for doing research as part of a degree or studying at a state-funded school. They are normally valid for either six or 11 months.
- Tier 4 (Child Student): For children aged between 4 and 17 who have a place at an independent school in the UK.
- Tier 4 (General Student): For over 16s who have been offered a place on a course.
Entry Clearance Visa to live with your:
- spouse or partner
- fiancé, fiancée or proposed civil partner
- child
- parent
- relative who’ll provide long-term care for you
- in the form of a Standard Visitor visa or Marriage Visitor visa.
Family visas:
Applications made in the UK to extend one’s stay with your family on a family visa.
- Application as a partner or spouse
- Application as a parent
- Application as a child
- Application as an adult coming to be cared for by a relative
- Application on the basis of your private life
It is possible to switch to a family visa to stay with a:
You might be able to apply to stay on the basis of your private life if you’ve lived in the UK for many years already. When can one apply to extend or switch? Any time before your current visa to stay in the UK expires. You have to live in the UK for a certain amount of time before you can qualify for settlement (‘indefinite leave to remain’) –
- 10 years legal stay – Long Residence
- 20 years mixture of legal and illegal stay – Long Residence based on private life.
We assist by taking instructions, completing the application, making representations and submitting the application. We advise and keep the client updated throughout the process until there is a decision.
- We assist in making appeals on negative decisions if necessary,
Our Fees:
- Entry Clearance Application: £800-1000 – Entry Clearance Appeals: £2000
- In County Applications: £1000 - £1700 depending on complexity
- In Country Appeals: £2000 - 3000 depending on complexity.
- Judicial Review - £3000 - £5000 depending on complexity.
Home Office Fees:
| Issue |
Apply outside the UK |
Apply in the UK |
| Cost if joining your partner, parent or child |
£1,523 |
£1,033 |
| Cost for each dependant |
£1,523 |
£1,033 |
| Cost for an adult dependent |
£3,250 |
£1,033 |
Healthcare surcharge
You might also need to pay the healthcare surcharge as part of your application. Currently £800 per 12 months
Biometric Information Fee
If you’re applying to extend or switch in the UK you’ll need to pay £19.20 to have your biometric information (fingerprints and a photo) taken.
To get a faster decision on your application
If you’re applying from the UK, you will have to pay an extra £800 for the super priority service. You cannot use the super priority service if you’re applying as an adult dependant. Once you’ve got your decision letter, your biometric residence permit will take up to 10 working days to arrive.
How long it takes
- If you apply outside the UK a decision will usually be made within 12 weeks.
- If you apply in the UK a decision will usually be made within 8 weeks of your application date if you use the standard service.
- If you use the super priority service a decision will usually be made by the end of the next working day after providing your biometric information if your appointment is on a weekday, 2 working days after providing your biometric information if your appointment is at the weekend
Working days are Monday to Friday, not including bank holidays.
It might take longer if your application is complex, for example you:
- do not meet the minimum income requirement
- cannot prove your knowledge of English
- need to attend an interview
- have not provided all the evidence that the Home Office needs
- have a criminal conviction or another personal circumstance that needs to be reviewed
Other ways you can apply to stay
- If you were the victim of domestic abuse or your partner died
- If you had permission to stay in the UK as a partner when either:
- you were the victim of domestic abuse
- your partner died
- Your family member has refugee status or humanitarian protection
- You might be able to apply for ‘family reunion’ to join a partner or parent who has either:
- Refugee status in the UK
- Humanitarian protection in the UK
- Your family member is from the EU, EEA or Switzerland
If you’re outside the UK, you can apply for a family permit if your family member is from the European Economic Area or Switzerland. Your family member will probably need to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021.
There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021.
When you cannot get a family visa
- In some circumstances you cannot apply for, or switch to, a family visa.
- Your family member has a work visa or student visa
- You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.
- You can apply to stay with them as a dependant instead.
- You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:
- you have permission to be in the UK as a visitor
- your visa is for 6 months or less
However, you might be able to switch to a family visa in the UK if you have either:
- A 6-month family visa as a fiancé, fiancée or proposed civil partner
- permission to stay in the UK for the outcome of a family court case or divorce
Fee: £1000 - £1500 if needed to attend at prison or detention centre.
Bail is the process of applying for the release of a person subject to Immigration detention. This can be someone who has entered illegally or has had their visa revoked or cancelled or someone suspected of obtaining visa by deception or violating the conditions of their visa.It also applies to someone subject to deportation and removal. Such a person needs to apply to the Home Office for temporary release and if refused the tribunal before a judge for bail.
Human Right Applications:
These involve family and private life.
Fee: £2000
Is when someone seeks protection to stay in this country for protection as a result of persecution in their country of origin or habitual residence for a convention reason.
- Fee: £2000
- Appeals: £2000 - £2500
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of the UK.
Fee: £800
This application is for adult (over 18) application. Anyone who has stayed or lived for over 12 months since was granted Permanent Residence or Indefinite Leave to Remain can be naturalised as a British Citizen, if the requirements are met.
Qualifying period:
You should not have been absent from the UK for over 450 days during 5 years’ residence in the UK if you are EEA National or a member of EEA National; or no more than 270 days throughout the 3-year period
- You should not have been absent for over 90 days during 12 month period if you hold Indefinite leave to Remain
- You must meet the good character requirement: no Criminal Convictions
- Pass the Life in the UK Test
- Meet the English Requirement: Level B1 ESOL or Trinity College of London. You can claim exemption of you studied in the UK or taught in English overseas
You should consider England your home country: Intention to reside in the UK permanently
Disbursement - British Citizenship fees: £1,330 (includes ceremony fee of £80).
The next stage is to make an application to the HMPO (previously called IPS) for a British Passport.
British Passport
- Our Fee: £150
- Two passport photos taken within 6 months
- Two referees signed having known you for over three years in the capacity of a friend or a colleague; they should not be related to you (a family member)
- Application fee: £85 (for 16 and over) or £95 for jumbo (50-page passport); £58.50 for children (under 16)
- It has to be countersigned by a British Citizen only
Post it to the Her Majesty Passport Office. First time applicants will be invited for an interview to attend.
However, Fast track (1-week service) and Premium (1-day service) can be arranged by booking appointment with HMPO.
Call 0300 222 0000 for advice or booking an appointment with the HMPO
You Can Apply For British Citizenship Child.
There are other ways of children becoming a British Citizen apart from parents (Registration of minors (under 18) as a British Citizen if born in the UK and lived up to the age of 10 or children who held visa or ILR in line with their parents to become a British Citizen)
Option 1: Registration as a British Citizenship for child who lived up to the age of 10
- The child must be born (after 01/01/1983) in the UK and never left the UK
- Turned to 10 (10 years old or over)
- No more than 90 days of absence outside the UK
- Exceptional circumstance for absences for over 90 days can be forgiven by the Home office at their discretion
- Form T
- Application Fee: £1,012
Option 2: Registration of a Child as a British Citizen
This application is also for a registration as a British Citizen for the children again for those who are minors (under the age of 18) is possible once relevant sections of the British Citizenship Act of 1981 applies.
The sections can be found in the Guidance of the form to tick the relevant one that applies to your case. These are:
- Section 1 (3): A child who is born in the United Kingdom to parents who have taken up residence in the United Kingdom or who have become British Nationals
- Section 1 (3A): A child born in the United Kingdom, whose parents are members of the armed forces
- Section 3 (1): A child whose parents are British Nationality applicants
- Section 3 (2): A child who is born in a foreign country to parents who are British citizens by ancestry and have resided in a British Overseas Territory or the United Kingdom
- Section 3 (5): A child who is born in a foreign country to parents who are British citizens by ancestry and are presently residing in a British Overseas Territory or the United Kingdom
- Section 3 (1): A child who is adopted in a foreign country to parents who are nationals of the United Kingdom
- Section 3 (1): A child whose parents have relinquished and later resumed British Nationality
- Section 3 (1): In any other case not been listed that has been contemplated to be for the benefit of the child that he/she be granted British Nationality
- Section 4D: A child born in a foreign country to parents who are serving in the military
British Citizenship Requirements/DOCUMENTS:
- Native Passport, Passport photos, Birth Certificate
- Reports and Achievements from School
- GP/Hospital letters, Photos with peers
- Good character requirement must also met by the children
- Form T or MN1
- The form must be signed by two referees
- Cost £1,012
If you are married to a British Citizen, you will not need to wait 12 months to make application for British naturalisation. The processing time for this type of application is about three months.
020 8801 9020
