e Immigration & Nationality Law
Calulker & Co

Solicitors

Contact us 020 8801 9020
Solicitors Page Header

Immigration & Nationality Law

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. It is at the centre of a person’s daily life. We have over 23 years’ experience in this area of law and also have a very high success rate.

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

Our Solicitor is experienced in dealing with complex matters and will guide you step-by-step through the application process, providing clear instructions on the documentation, forms, and timelines involved. Our Solicitor will provide a personal tailored approach to suit you and ensure the process is done swiftly and smoothly. You will be advised as the best application to make and the fees involved including disbursement. Currently we do not charge Vat for our professional services.

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.
  • 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

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

A UK work visa is a type of visa that allows individuals to come to or stay in the UK to do an eligible job with an approved employer for a specified period.

The UK offers several types of long-term and short-term work visas, each designed for different purposes and categories of workers.

The different types of work visas available in the UK?

The UK offers a range of work visas to accommodate different employment needs. Each work visa category has its own specific requirements and benefits. Here are some of the most common types of UK work visas: The most common types of UK work visas are the following:

Skilled Worker Visa

  • Skilled Worker visa extension
  • Switching from Student visa to Skilled Worker visa UK
  • Graduate visa to Skilled Worker visa
  • Health and Care Worker visa
  • Health and Care Worker visa extension

Start a business

Innovator Founder visa

Work visas you can apply for without a job offer

  • Graduate visa
  • Global Talent visa
  • UK Ancestry visa
  • Temporary work visas
  • Seasonal Worker visa (Temporary Work)
  • Creative Worker visa (Temporary Work)
  • Religious Worker visa (Temporary Work)
  • Charity Worker visa (Temporary Work)
  • International Agreement visa (Temporary Work)
  • Government Authorised Exchange visa (Temporary Work)

Other work visas and permits

  • International Sportsperson visa
  • Minister of Religion visa (T2)
  • Scale-up Worker visa
  • Frontier Worker Permit
  • Representative of an Overseas Business visa

Requirements for UK work visa

  • A confirmed job offer from a licensed employer in the UK.
  • A ‘certificate of sponsorship’ from your employer.
  • Sufficient money to support yourself in the UK without need for public funds.
  • Demonstrating proficiency in the English language.
  • Passing the points-based system assesses your skills, qualifications, and potential contributions to the UK workforce.

The points-based system assigns points to different criteria, such as your level of education, previous work experience, and salary level. Meeting the minimum required points is essential for a successful visa application.

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.

You also need a sponsor who is a licensed employer. It is the Sponsor who will issue the certificate and will provide you with the employment to enable you stand a chance to be granted the visa if you met all the requirements.

The Sponsor must provide information about the job offer and details about the role, salary, and conditions of the employment. The Sponsor must have a valid sponsor license issued by the Home Office, demonstrating their commitment to following the immigration rules and providing genuine employment opportunities.

We will guide you as to the documents required and ensure every thig is in place to start the application. Documents may vary depending on the type of application that is made. Your job must be on the list of eligible occupations, and you should be do a job that’s on the list of eligible occupations, and you should be paid a minimum salary - how much d you’ll be working for a UK employer that’s been approved by the Home Office you’ll be paid at least the minimum salary rate for the type of work you’ll be doing.

The minimum salary for the type of work you’ll be doing is whichever is the highest of: £38,700 per year or the ‘going rate’ for the type of work you’ll be doing depends on the type of work you do and the date you got your CoS (Certificate of Sponsorship).

Care Worker or Senior Care Worker

Your employer must be registered with the Care Quality Commission. For care worker (code 6135) or senior care worker (code 6136) is the code to work in England. If you’re a care worker or senior care worker

There are different salary rules if you work in some healthcare or education jobs. Your salary must be at least £23,200 - or more if your job’s ‘going rate’ is higher.

Applying for the skilled worker visa

Decide which one is best for you, get the required document, complete the online application form. Book biometrics appointment, pay the visa fee, submit the application, attend your biometrics appointment and wait for a decision.

Required Documentation

  • Proof of Identity. This can be in the form of a valid passport or travel document
  • Job Offer: This will be the letter from employer confirming job offer
  • Certificate of Sponsorship (CoS): Your certificate of sponsorship reference number - your employer will give you this English Language Proficiency: It will be the English language test certificate (IELTS, TOEFL, Cambridge English, etc.)
  • Educational Qualifications : It can include educational certificates and transcripts
  • Previous Employment: These will serve References or CV/resume
  • Financial Documents like Bank statements, employment contracts, sponsorship letters.
  • Tuberculosis (TB) Test Results: a valid TB test certificate (if applicable)
  • Additional Documents: This will vary depending on visa category (criminal record certificates, proof of qualification

Processing time

Work visa applications submitted from outside the UK using standard service taking on average 3 weeks to process. If the work visa application is made from inside the UK, the Home Office generally takes up to 8 weeks to make the decision. If you want a faster decision you can apply for super priority or priority service. To get a faster decision on your UK visa application, you'll need to pay £1,000 for the "Super Priority Service" a decision is made in 24 hours or £500 for the "Priority Service" fee per applicant in addition to the visa application fee and you will get a decision in 5 working days.

  • spouse or partner
  • fiancé, fiancée or proposed civil partner
  • child or parent
  • relative who’ll provide long-term care for you

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 based on your private life

It is possible to switch to a family visa to stay with a:

  • spouse or partner or parent

You might be able to apply to stay based on 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 must 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.

The decision to bringing your partner, proposed partner or fiancé(e) to come or join you in the United Kingdom entails a lot. The Immigrations Rules have specific requirements each applicant needs to meet before to be able to be granted entry clearance or permission to enter or remain in the UK. The rules are always being revised. They focus on mainly on the following,

  • Relationship Requirement
  • Accommodation Requirement
  • Financial requirement or maintenance Requirement
  • English Language Requirement

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,

How we assist our clients

We provide:

Professional expertise and skill in the law. We have amassed a wide range of knowledge and experience in this area of law and are familiar with the law, rules, procedure and caselaw and have come across of a lot of likely scenarios and know how to deal with it, advise what’s best for you and how to go about it to produce a positive outcome for our clients. We will be able to assess your case and advise as to the best application for you.

Consultation We can provide consultation in which we can assess and advise you on your matter and the application process and the best way to proceed.

Preparation and Submission

We will complete and submit your application on your behalf in accordance with your instructions

Supporting Documentation

We will ensure that you are informed as to the required documents, check that they are accurate and complete and submit it on your behalf.

Act on your behalf

We liaise with the UKVI and all connected parties on your behalf for a seamless process. We will respond to requests for any further information and deal with any matters that arise.

Appeals and Administrative Review

If you have received a negative decision in your case, we can assist int appealing on your behalf. We can assist in evidence or document gathering, prepare and submit your appeal or even request a review in your matter and represent you at the appeal or review hearing.

How much do we charge for our fees

Our Fees:

  • Entry Clearance Application: £2000-£2500 – Entry Clearance Appeals: £2500
  • In County Applications: £1800 - £2000 depending on complexity
  • In Country Appeals: £3720 - 6200 depending on complexity. £300p/hr 12 -20hrs
  • Judicial Review - £3000 - £6200 depending on complexity. £300p/hr 10-20hrs

Home Office Fees:

Issue Apply outside the UK Apply in the UK

Cost if joining your partner, parent or child £1,846 £1,258

Cost for each dependant £1,846 £1,258

Cost for an adult dependent £3,250 £1,258

Healthcare surcharge

You might also need to pay the healthcare surcharge as part of your application. Currently £1035 per 12 months

Indefinite Leave Application Home Office fees £2885.

Biometric Information Fee

If you’re applying to extend or switch in the UK you’ll need 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 £1000 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 or
  • your partner died

If 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

There will be no change to the rights and status of EU citizens 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 temporarily in the UK on a work 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: £1800 - £2000 plus travel 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.

You can only apply based on your private life if you’re already living in the UK.

You must be able to prove that you:

  • are under 18 and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to expect you to leave the UK
  • are between 18 and 24 and you’ve lived continuously in the UK for more than half your life
  • are 18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country you’d have to go to
  • have been in the UK continuously for 20 years
  • were born in the UK to a person who has permission to stay in the UK on the basis of their private life, or is applying for it

Your family members can apply on the same application - you’ll be considered separately.

You must provide the required evidence and can apply for fee waiver if you cannot afford the fee and meet the criteria.

  • do not have a place to live and you cannot afford one
  • have a place to live but cannot afford your essential living costs like food or heating
  • have a very low income and paying the fee would harm your child’s wellbeing

How long it takes

  • It currently takes about 12 months to get a decision.
  • You may be able to pay for a faster decision.

How long you can stay

On this visa, you can stay in the UK for 2 years and 6 months.

You can apply to stay for 5 years instead if you’re:

  • under 18 and have lived in the UK continuously for at least 7 years
  • aged between 18 and 24 and have spent half your life in the UK

When you can settle

You can settle after 5 years if you’re either:

  • under 18 and have lived in the UK continuously for at least 7 years
  • aged between 18 and 24 and have spent half your life in the UK

You can settle after 10 years if you’re either:

  • 18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country you’d have to go to
  • born in the UK to a person who has permission to stay in the UK based on your private life, or is applying for it

If you’re extending your visa

You can extend for 2 years and 6 months.

You’ll need to have information and some evidence ready when you make your application. Include information for you and any dependants applying at the same time.

You’ll need to provide:

  • all your names
  • your date of birth
  • your current passport or other valid travel ID
  • copies of the photo page and any visa or entry stamps in your previous passports
  • details of any previous immigration applications you’ve made
  • details of any criminal convictions
  • your national insurance number, if you have one
  • your parents’ date of birth and nationality if you’re applying from outside the UK
  • your tuberculosis test results if you’re from a country where you must take the test
  • a certified translation of any document that is not in English or Welsh

You’ll also need to provide either:

  • your biometric residence permit (BRP) if you have one - this can be expired
  • online proof of your immigration status if you have an eVisa - you’ll need to get a share code
  • You’ll need to have a blank page in your passport on which to put the visa if you’re applying outside the UK.
  • You’ll need an email address to make an online application.

You’ll also need to:

  • prove your knowledge of English
  • give proof of your finances, if you’re not applying on the basis of your private life
  • You may need to provide other additional documents depending on your circumstances - for example a sponsorship form from your family member in the UK.

You’ll be told how to provide your documents when you apply.

You’ll need to show you can meet the financial requirements for the type of family visa you’re applying for.

This is based on your income or the income of the family member you’re joining in the UK, or both.

For example, you’ll need to prove your own and your partner’s combined UK income in your application if you’re applying as a partner. If you’re applying as a child, you’ll need to prove the income of the parent (or parents) you’re joining.

You will need to provide proof of income with your application.

If you or your family member are employed, you could include:

  • bank statements showing your or their income
  • 6 months of payslips, counting back from the day you apply
  • a letter from an employer, dated and on headed paper

The employer’s letter should confirm:

  • you or your family member are employed there
  • the job title or position you or your family member hold
  • how long you or your family member have worked there
  • the type of contract (for example, permanent, fixed term)
  • what you or your family member earn before tax and National Insurance
  • how long you or your family member have been paid your current salary
  • the payslips are genuine

You’ll be told exactly what documents to provide when you apply online.

You’ll need to follow extra guidance if:

  • you or your family member’s income is not from employment, for example it’s from running a limited company, savings, or a pension
  • you or your family member have taken maternity or paternity leave in the last 6 months
  • you want to combine different income sources

Our Fees: £2000

It is when someone seeks protection to stay in this country for protection because of persecution in their country of origin or habitual residence for a conventional reason.

  • Fees: £2000
  • Appeals: £3720 - £6200
  • Apply to the EU Settlement Scheme

You can apply

If you have pre-settled status already, it will be extended by 5 years just before it’s due to expire. You’ll be sent an email telling you when this happens.

Your extended pre-settled status may be automatically converted to settled status. However, you can still apply for settled status if you want to do this before you’re automatically converted if you’re eligible.

The deadline for applying for most people was 30 June 2021. You can still apply if either:

  • the deadline for you to apply is after 30 June 2021
  • you have ‘reasonable grounds’ for why you’re applying now, and not by the deadline or in the time since the deadline passed

What you'll need to apply

If you are from the EU, Switzerland, Norway, Iceland or Liechtenstein, and you started living in the UK by 31 December 2020 - or you’re applying to join or remain with your family member who did - you’ll need evidence to prove your:

  • identity
  • continuous residence in the UK and (unless you’re applying to join a family member) that it started by 31 December 2020
  • relationship to your family member, and their eligibility or status under the EU Settlement Scheme, if you’re applying to join or remain with them in the UK

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: £1200

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: £1,500 (plus ceremony fee of £80).

Our Fee: £1500 - £2000 -Non-Complex & £2000-2500 complex cases.

The next stage is to make an application to the HMPO (previously called IPS) for a British Passport.

Applying for British Passport

Our Fee: £300

First British Passport - £300

Documentation

  • 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: Adult: £100 by post and £88.50 online (for 16 and over).
  • £69 by post and £57.50 for children (under 16)
  • It must 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.

It costs more if you apply from abroad.

  • A standard passport is £101 for an adult, and £65.50 for a child. Plus a £19.86 courier fee.
  • Our Fee £400

How to apply

  • Get a digital passport photo
  • Provide application details
  • If you’re applying on behalf of an adult or child, fill in their application details rather than your own.
  • Find out what documents you need to send

We’ll tell you what documents you need to send.

  • Pay for your passport
  • A standard passport is £101 for an adult, and £65.50 for a child. Plus a £19.86 courier fee.
  • If required, get someone to confirm your identity

We’ll tell you if we need someone to confirm your identity. They can confirm your identity online without a printed photo.

  • Track your application

Passport office will send you updates by email or text. You can also log in to:

  • track progress on your application
  • check what documents you need to send, and where to send them
  • ask someone to confirm your identity (if required)

However, Fast track (1-week service) and Premium (1-day service) can be arranged by booking appointment with HMPO. For in country applications for a fee

Call 0300 222 0000 for advice or booking an appointment with the HMPO

There is the option to do it online.

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

Our Fee: £1500-1750

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 be met by the children
  • Form T or MN1
  • The form must be signed by two referees

Cost £1,012

Our Fee: £1500-1750

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.

How long will my application take?

We cannot guarantee how long the Home Office will take to process your application. It I best to check the current processing times. We will normally be able to submit this type of application within four weeks of your instructing us, but we will let you know at the earliest opportunity if it is likely to take longer than this.

Please note that the anticipated number of hours and fees are an estimate based on the facts above. All applications are likely to vary and of course, we can give you a more accurate estimate once we have more information about your specific case.

During your initial consultation and assessment, we will be able to give you a realistic timeline for the conclusion of your matter. We are unable to guarantee that your matter will be concluded by a specified date as the UKVI can sometimes take longer to process an application. Any timeline discussed will be specific to your matter; the availability and priority of the service that you have requested and other factors that are outside of our influence and control.

If your case is urgent with a deadline for submission within one week, we will discuss this with you and advise on the practicalities of meeting the deadline and if we are able to do so agree an appropriate course of action.

With regards to advice and representation at the First-Tier Tribunal (Immigration and Asylum Chamber) in relation to appeals against Home Office visa or immigration decisions (excluding asylum), we will charge the same hourly rates as above. We may need to instruct experts and their fees are known as disbursements.

The time taken to prepare an appeal varies depending on the issues of the appeal. Preparation time is likely to take between 20 - 25 hours. Therefore, the average costs are likely to be between £6,200 and £7,750 where an experienced partner undertakes the work. These figures exclude VAT which is not charged currently.

With regards to representation at appeal hearings, we usually instruct very experienced barristers to represent you. We liaise closely with them and in most cases, arrange a meeting with you your barrister prior to the hearing (known as a “conference”). We will discuss with you the options and offer you a range of experience and price. Costs for the barrister are likely to be in the range of £1,000 to £3,000 plus VAT depending on the barrister's seniority and the case's complexities.

Key Stages

On average we think your matter will have the following stages:

  • Initial consultation and instruction.
  • Case preparation and/or application.
  • Interview and/or relevant application submitted.
  • Outcome of application and/or interview.
  • Consultation after decision review.
  • Appeal and/or reapplication, depending on your circumstances.

At every stage of your matter, we will inform you about the next stage and steps so that all expectations are managed.

Mrs Julia Caulker is a practising solicitor in England and Wales, specialising in Family, Property/Conveyancing & Commercial, Immigration Law, Wills Probate & LPA’s. She has also been accredited Asylum and Immigration Senior Caseworker with Supervisor status under the Law Society’s Immigration and Asylum Law Accreditation scheme. She now practices private Immigration. She has been practising immigration law for over 23 years.

UK Immigration Solicitor