This route is for a person who has a key leading role within their faith-based organisation or a religious order in the UK. A dependent partner and dependent children of a Minister of Religion can apply on this route. Tier 2 Minister of Religion is a route to settlement which means at the end of any qualifying period settlement can be obtained. To qualify under this route an Applicant requires 70 points route.

The requirements under this route are;

• 70 points are needed to qualify, these will be made of Certificate of Sponsorship 50 points, Financial 10 points and English at B2, 10 points
• Applicant must pay the fee, surcharge, provide biometrics, passport and have a Certificate of Sponsorship which issued withing 3months of date of application.
• Applicant must be over 16 at date of application
• Applicant must not have been in the UK or been granted permission as a Visitor, short term student, parent of a child student, seasonal worker, domestic worker or outside the Immigration Rules.
• Applicant must be suitable and not be in breach of the Immigration Rules with the exception of Para 39E or on Immigration Bail.
• Applicant may have to provide medical evidence to show compliance with Appendix T and A39.
• Applicant must meet the Financial Requirement which will be met if the Applicant has been in the UK with permission for the past 12months, otherwise need to show that they
• have had £1270 which they have held for 28days unless the sponsor is A rated and will confirms in the Certificate of Sponsorship, they will meet the costs.
• Applicant must meet English Requirement and the Applicant must have English at level B2 in all 4 components of reading, writing, speaking and listening and show that they meet Appendix English Language.

Dependent Partner and Child

Partner- Must be married to the applicant or have been living together in a relationship similar to marriage or civil partnership for 2 years which are not in a prohibited degree and must intend to live together. The relationship also has to be genuine and subsisting. Any previous relationships must have broken down permanently. Children must be the child of the Religious worker or the partner

The applicant must have funds to support the dependents, these being £285 for a partner, £315 for the first child and £200 for any other child which must be held for 28 days or that the sponsor will maintain them for the 1st month, unless they have been in the UK for 12months

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of the  Immigration rules and law and are familiar with the approach of the Home Office.

Students aged 16 & over

This route is for a person aged 16 or over who wants to study with a sponsor on a course of further or higher education, a pre-sessional English course, a recognised foundation programme, or on the Doctorate Extension Scheme or to take an elected post as a Student Union Sabbatical Officer.

A person who is aged 16 or 17 and wants to study with a sponsor that is an Independent School on a course at Regulated Qualifications Framework 3 or Scottish Credit and Qualifications Framework 6 and above can apply as either a Student or as a Child Student (see Appendix Child Student). Some Students can bring a dependent partner and dependent children to the UK, for example if they are studying at postgraduate level or on a government sponsored scheme.

The student route is not a route to settlement

Applicants will require 70 points to qualify, made of;

• Confirmation of Acceptance 50points
• Financial (10points) and
• English Language (10points). An applicant will meet the English language requirement if they have a GCSE, A level, or Scottish Highers in English in the UK which they obtained while under 18.

Financial Requirements

Applicants will need to show they have the financial means unless they have been in the UK for 12months or more at the date of the application or if they are applying as student union sabbatical officer or to study on a recognised foundation course as a Dr or dentist. Otherwise, they will need to show they have sufficient funds to pay for the course and accommodation for one year if attending an Independent school; £2668 if extending a Doctoral Course and in all other cases they will need to show if they are to study in London that they have £1344 for 9months plus course fees and outside London they have £1023 for 9months plus course fees and any deposit paid for accommodation will be reduced to a maximum of £1344.

All students will need to show that they have held the sufficient funds for 28days unless they are government funded, relying on a student loan or on an official sponsorship.

Students must provide evidence of qualifications and references and if they are aged 16 or 17 parental consent will need to be provided,

Length of stay

A successful applicant will be given a maximum of 2-years permission to stay in the UK if the course is below degree level unless they have to spend a year at sea in which case it will be 3 years and if it is Degree level it will be 5years unless the exceptions apply.

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of Immigration rules and law and are familiar with the approach of the Home Office.

Students Dependents

Partners are eligible to enter but must be married or have been living together in a relationship similar to marriage or civil partnership for 2 years which are not in a prohibited degree and must intend to live together. The relationship also has to be genuine and subsisting. Any previous relationships must have broken down permanently Children are eligible must be the child of the Student or the partner.

Financial Requirement will not apply if the dependants have been living in the UK for 12months or more with permission otherwise they will need to show the ability to maintain them.

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of Immigration rules and law and are familiar with the approach of the Home Office.

 Short-term Student studying English language.

This route is for a person aged 16 and over who wants to study an English language course in the UK for between 6 and 11 months at an accredited institution. An application can only be made by a person outside the UK. Short-term Study (English language) is an unsponsored route, sponsored study for persons aged 16 and over is covered in Appendix Student. A visitor under Appendix V: Visitors can study an English language course of less than 6 months with an accredited institution.

Anyone over the age of 16 can apply to study English at an accredited institution for a period of 6-11 months. They Must apply for Entry Clearance, pay the fee, the health surcharge, provide biometrics, ID and must be over 16 at date of the application. The course must be with an accredited institution (STS 4.1) and which must not last longer than 11monthst (STS 4.2)

They Must meet the suitability requirements and must meet the Eligibility requirements and where needed provide medical evidence of compliance with Appendix T.

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of the Immigration rules and law and are familiar with the approach of the Home Office

The UK Ancestry route is for a Commonwealth citizen aged 17 or over who wants to live and work in the UK and who has a grandparent who was born in the UK or Islands. A dependent partner and dependent children can apply under this route. UK Ancestry is a route to settlement which means at the end of any qualifying period settlement can be obtained.

An applicant must;

• Be able to show that Applicant's grandparent was born in the UK or Islands.
• Apply online and must pay the fee (£516), surcharge, provide biometrics and ID
• Be a commonwealth citizen who must be 17 at the date of their intended arrival in the UK. If they are in the UK, then on the date of the application being made, they must have been granted permission on the UKA route.
• Not fall foul of Part 9 and if applying for permission to stay must not be in breach of the Immigration Laws except where Para39E applies or on Immigration Bail.
• Br able support themselves and have funds which can include a credible promise of support from a TP, relative or friend.
• Be able to work and intends to seek employment.
• If under 18 be able to show parental consent.

May also have to provide medical evidence if Appendix T or A39 applies if successful will be granted 5years leave with a route to Settlement.

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of  the Immigration rules and law and are familiar with the approach of the Home Office.

The Religious Worker route is for a person who wants to support the activities of religious institutions in the UK by conducting religious work such as working in a religious order or undertaking non-pastoral work for a religious organisation. This role cannot be the same as a Minister of Religion which involves leading a congregation in performing rites, rituals and preaching the essentials of the creed as its core duties.

A dependent partner and children can apply under this route.

The maximum time that can be spent in the UK on this route is 2 years. It is not a route to settlement.

An Applicant must;

• Make the application online using the correct form paying the fee, health surcharge, provide biometrics, ID and Certificate of Sponsorship which is no more than 3 months old at date of the application.
• Be able to show how Resident Market Test is met.
• Be able to show that the role does not  fall under the role of Minister of Religion.
• Unless exempt show they have the sum of £1270 held for 28days or a letter of mainataince from the sponsor.
• Have parental consent if they are under the age of 18.

Dependent Partner and Child

Partner- Must be married or have been living together in a relationship similar to marriage or civil partnership for 2 years which are not in a prohibited degree and must intend to live together. The relationship also has to be genuine and subsisting. Any previous relationships must have broken down permanently. Children must be the child of the religious worker or the partner.

The applicant must have funds to support the dependents, these being £285 for a partner, £315 for the first child and £200 for any other child which must be held for 28 days or that the sponsor will maintain them for the 1st month, unless they have been in the UK for 12months

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of the Immigration rules and law and are familiar with the approach of the Home Office.

The Charity Worker route is for a person who wants to come to the UK to do voluntary work for no more than 12 months. A dependent partner and dependent children can apply on this route.

The Charity Worker route is not a route to settlement and an Applicant must provide medical evidence in line with Appendix T or A39.

The Applicant also needs to ensure compliance with the following;

• Apply using the online forms paying fee, surcharge, provide biometrics, ID and provide Certificate of Sponsorship which no more than 3 months old.
• If applying for permission to stay, then the last leave should have been as Charity Worker.
• Not fall foul of Part 9, be in breach of Immigration Laws except where Part 39E applies or be on Immigration Bail.
• Not have had permission to be in the UK in the last 12months as Religious or Charity Worker unless they can show at no time they were in the UK.
• Show that the Sponsor is A listed
• Provide a Certificate of Sponsorship which must not have been used in any previous applications unless it was invalid, void or withdrawn
• Show the Genuineness: of the role.
• Meet the Voluntary Work Requirement, the work to be done must advance the sponsors charitable purposes, must not be paid and applicant must not be filling a permanent position even on a temporary basis.
• To have £1270 which has been held for 28 days unless the sponsor agrees to maintain them for the first month
• Provide parental consent if the applicant is under as well as travel, accommodation, care and reception arrangements.

Dependent Partner and Child

Partner- Must be married or have been living together in a relationship similar to marriage or civil partnership for 2 years which are not in a prohibited degree and must intend to live together. The relationship also has to be genuine and subsisting. Any previous relationships must have broken down permanently A child must be the child of the Charity worker or partner.

The applicant must have funds to support the dependents, these being £285 for a partner, £315 for the first child and £200 for any other child which must be held for 28 days or that the sponsor will maintain them for the 1st month, unless they have been in the UK for 12months.

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of the Immigration rules and law and are familiar with the approach of the Home Office.

The Creative or Sporting Worker route is for a person who wants to work within the creative or sporting sector. A person can be granted permission for up to 12 months initially. A Creative Worker can apply to extend their stay up to a maximum of 24 months if they are still working for the same sponsor. The Creative or Sporting Worker route is not a route to settlement

A Creative Worker is someone who can make a unique contribution to the UK’s rich cultural life, for example, as an artist, dancer, musician or entertainer, or as a model contributing to the UK’s fashion industry.

A Sporting Worker is someone who can make a significant contribution to their sport at the highest level in the UK. A dependent partner and dependent children can apply on this route.

The criteria being that the Applicant needs to;

• Apply using the online forms paying fee, surcharge, provide biometrics, ID and provide Certificate of Sponsorship which no more than 3 months old.
• If applying for permission to stay, then the last leave should have been as under this route.
• Not fall foul of Part 9, be in breach of Immigration Laws except where Part 39E applies or be on Immigration Bail.
• Apply for Entry clearance but not always if the Applicant can show they are not a visa national, they have a valid Certificate of Sponsorship , if they are a sportsperson then a Certificate of Sponsorship from an approved Sponsor who has an endorsement from the applicants governing sports body; the applicant has engagements in the UK which are consecutive and with gaps total to 3months or where they are not consecutive but the total period does not exceed 3month and the applicant otherwise meets the requirements of the CSP route but they may have to provide medical evidence in line with Appendix T or A39.
• Show that the sponsor is A listed, the Certificate of Sponsorship is not more than 3months old and not used in any previous applications unless it was invalid, void or withdrawn.
• Show that the Certificate of Sponsorship confirms the role and sets out an outline of duties. if the applicant has been sponsored for more than one engagement, then the gap between them must not be more than 14days.
• Provide further Certificate of Sponsorship if the applicants have consecutive engagements but with different sponsors.
• Show the Genuineness: of the role
• Meet the financial requirements unless the applicant has been in the UK for more than 12months, if not the applicant must have £1270 which has been held for 28 days in line with Appendix Finance unless the sponsor agrees to maintain them for the first month.
• Provide parental consent if the applicant is under 18 as well as travel, accommodation, care and reception arrangements.

Dependent Partner and Child

Partner- Must be married or have been living together in a relationship similar to marriage or civil partnership for 2 years which are not in a prohibited degree and must intend to live together. The relationship also has to be genuine and subsisting. Any previous relationships must have broken down permanently. Any child must be the child of the Creative or Sporting Worker or their partner

The applicant must have funds to support the dependents, these being £285 for a partner, £315 for the first child and £200 for any other child which must be held for 28 days or that the sponsor will maintain them for the 1st month, unless they have been in the UK for 12months.

We can help you deal with the issue of submitting an application under these routes as our Barristers have experience of the Immigration rules and law and are familiar with the approach of the Home Office.

This is a route for older and vulnerable relatives of a British citizen who is in the UK, or a person who is settled in the UK, or a person with limited leave to remain in the UK under Appendix EU or persons in the UK with refugee leave or humanitarian protection status, who wish to settle here the right to apply for entry clearance.

This route is only available to persons who are outside the UK. It is not possible to switch or make an application from within the UK.

In order to qualify for an Adult Dependent Relative a person is required to meet E-ECDR 1- 3 of Appendix FM in order to qualify under this route the key rules to be met are:

• E-ECDR.2.4. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must as a result of age, illness or disability require long-term personal care to perform everyday tasks.
• E-ECDR.2.5. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because-
• (a) it is not available; or
• (b) it is not affordable.

Financial requirements

• E-ECDR.3.1. The applicant must provide evidence that they can be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds.
• E-ECDR.3.2. If the applicant’s sponsor is a British Citizen or settled in the UK, the applicant must provide an undertaking signed by the sponsor confirming that the applicant will have no recourse to public funds, and that the sponsor will be responsible for their maintenance, accommodation and care, for a period of 5 years from the date the applicant enters the UK if they are granted indefinite leave to enter. 

In addition to this it usually a requirement also to meet aspects of Appendix FM-SE depending on the circumstances.  Appendix FM-SE – Adult Dependent Relative Evidence Requirement

• Para 33. Evidence of the family relationship between the applicant(s) and the sponsor should take the form of birth or adoption certificates, or another documentary evidence.
• Para 34. Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care should take the form of:
• (a) Independent medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks; and
• (b) This must be from a doctor or other health professional.
• Para 35. Independent evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:
• (a) a central or local health authority;
• (b) a local authority; or
• (c) a doctor or other health professional.  
• Para 36. If the applicant’s required care has previously been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available.
• Para 37. If the applicant’s required level of care is not, or is no longer, affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment and an explanation of why that payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.

The  Adult Dependent Relative is a difficult route to navigate, and it is important that anyone preparing an application or an appeal under this route understands this from the start and collects the evidence that is going to be needed. It should be noted that often where adult children have the means to support their parents in the UK for 5 years, the Home Office will argue that they can use the money to support their parents in their own country.

The essentials of making a succesful application is to ensure;

• That application is not made from within the UK as it is route is only available to applicants outside the UK.
• It is not possible to switch into this route from within the UK.
• Medical evidence will be required. This is an important aspect.
• Evidence of a lack of care or the lack of availability will be required. If it was available why is no longer available.
• If treatment was being paid for, but is no longer affordable, then evidence of why it is not affordable as well as records of payments made.
• A country expert may also be required to comment upon the issue.
• A property inspection report will be required.

What any applicant needs to show is that in the absence of the support of the adult children, the adult parent would suffer to the extent that they would not be able to care for themselves as there is no other support.

If you are granted an Adult Dependent Relative visa under the Immigration Rules then you will be permitted to enter, and remain in the UK, indefinitely.

We have experience of dealing with such matters and we advise as well as appear before the Immigration tribunals dealing with refusals. We can advise on the merits of any refusal by the Home Office, any merits in appealing a ruling of the First tier or Upper Tribunal.

This route is for an elite sportsperson(s) or qualified coaches who are sponsored on a long-term contract to make a significant contribution to the development of sport at the highest level in the UK and who have a Governing Body Endorsement from the appropriate Sports Governing Body. A dependent partner and dependent children of a T2 Sportsperson can apply under this route.

T2 Sportsperson is a route to settlement which requires an Applicant to have 70points. A Sportsperson or coach sponsored on a short-term contract (up to 12 months) can apply on the T5 (Temporary Worker) Creative & Sporting route. 70points are required to qualify under this route

Application is made online application for Entry Clearance or permission to stay and must pay the fee, surcharge, provide biometrics, ID and have a Certificate of Sponsorship. Applicant needs to be over the age of 16 at the date of the application and if the Applicant is in the UK seeking permission to stay, then the Applicant last leave cannot be as a visitor, short term student, parent of a child student, seasonal worker, domestic worker in a household, or outside the Immigration Rules.

Applicant must not fall foul of Part 9, be in breach of Immigration Laws except where Part 39E applies or be on Immigration Bail and may have to provide medical evidence if Appendix T or A39 applies. Applicant must have 70 points to enter made up from a Certificate of Sponsorship, 50points, Financial, 10 points & English,10points.

The Applicant must provide the following.

• A letter from a relevant Sports Governing Body listed in Appendix M COS - https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-m-sports-governing-bodies
• Certificate of Sponsorship from an A rated sponsor unless the Applicant was previously granted permission based on a Certificate of Sponsorship issued by the same sponsor and the Applicant intends to work for them. The Certificate of Sponsorship must set out name, details of the job, salary, that the Applicant is qualified, has an endorsement from a governing body, will be based in the UK and will comply with the conditions. The Certificate of Sponsorship to be submitted must be withing 3months of date of application, not be withdrawn or cancelled, or used in a previous application which was granted or refused, unless that application was deemed to be invalid, void or withdrawn.
• The applicant at the date of the application must be 16 or over and genuinely intends to take the role.
• If the applicant is under 18 then parental consent will need to be evidenced by a letter from a parent or legal guardian; the letter will need to confirm the application, living and care arrangements and if it is for entry clearance, travel and reception arrangements.
• Show that the financial requirement can be met if seeking permission to stay and if the applicant has been in the UK for 12months, then the applicant will be exempt. If less than 12months or seeking entry Clearance, then applicant must show the sum of £1270 which has been held for 28 days unless the sponsor undertakes to maintain for the first month.
• The applicants English is at A1.

The applicant post being granted leave can apply for settlement subject to being in the UK for 5 years and being able to meet the rest of the criteria.

Dependent Partner and Children

The Partner can enter subject to meeting the requirement of either being married or have lived together in a relationship similar to marriage or civil partnership for 2 years which are not in a prohibited degree and must intend to live together. The relationship also has to be genuine and subsisting. Any previous relationships must have broken down permanently. A child must be the child of the Applicant or partner

The applicant must have funds to support the dependents, these being £285 for a partner, £315 for the first child and £200 for any other child which must be held for 28 days or that the sponsor will maintain them for the 1st month, unless they have been in the UK for 12months.

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of the Immigration rules and law and are familiar with the approach of the Home Office.

The 20 year rule on long residence is contained at paragraph 276ADE(1)(iii) of the Immigration Rules. Under the 20-year rule which replaced the previous 14 year rule an applicant need have to prove his residence was lawful only it was “continuously”. However, if the person has been in custody, then this would be broken and 20years would start again.

Provided an applicant can show he has been present in the UK by way of evidence and does not fall foul of  Section S-LTR.1.2-2.3 and S-LTR.3.1 of Appendix FM, known as “the suitability grounds” then permission to remain should be granted  limited leave to remain for a period of 30 months which will usually have a condition of “No Recourse to Public Funds” attached to it.

Indefinite Leave to Remain

An applicant will be eligible to apply for indefinite leave to remain once they have accrued 10 years lawful residence (120moinths).

We can help you prepare you case from the start of this process and ensure that all time limits are followed and seek to obtain all the evidence and then attend the hearings on your behalf as our Barristers have experience of appearing before the Tribunals.

Under Appendix V there are a number of visitors  allowed into the UK, those being the Standard visitor,  the Medical visitor , the Marriage and Civil Partnership visitor, the Permitted Paid Engagement visitor and a Transit visitor. This route can also be used for entering to study for a maximum of 6months, work related training in the areas of medical, dental or nursing, for private medical treatment, Organ donors and academics seeking a 12month entry.

Standard visitor visa is for tourism and visiting family, usually for up to 6 months. A Standard visitor may apply for a visit visa of 6 months, 2-, 5- or 10-years validity. This allows multiple visits to the UK within the period of validity (unless the visit visa is endorsed as single or dual entry), but each stay in the UK must not exceed the permitted length of stay endorsed on the visit visa (usually 6 months).

All visitors will be subject to a suitability test, and they must meet Part 9 and if they are in the UK seeking permission, then they cannot be in breach of the Immigration law unless Para39E applies or on Immigration Bail.

Genuine Visitors Requirements.

All Visitors must also meet the genuine visitors requirements and must satisfy that they are a genuine visitor, which means the applicant will leave the UK at the end of their visit; will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; is genuinely seeking entry or stay for a purpose that is permitted under the visitor route; will not undertake any of the prohibited activities and has sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds, including the cost of the return or onward journey, any costs relating to their dependants, and the cost of planned activities, such as private medical treatment.

To show that they have the necessary funds to support themselves in the UK a visitor can be supported by a third party provided the third party has a genuine professional or personal relationship with the applicant; the third party is not, or will not be, in breach of immigration laws at the time of the decision or the applicant’s entry to the UK as a visitor; and can and will provide support to the applicant for the intended duration of the applicant’s stay as a visitor.

If the Visitor is a child then the parents/guardians consent will also be required.

Medical Treatment Visitor

If the Visitor is coming for private medical treatment for 6months then they will need to show if they are suffering from a disease that medical inspector is satisfied the that they are not a danger to public health. They  also need to show they have  arranged their private medical treatment before they travel to the UK and must be able provide a letter from their doctor or consultant in the UK detailing: the medical condition requiring consultation or treatment and the estimated costs and likely duration of any treatment, which must be of a finite duration; and where the consultation or treatment will take place.

Where the applicant is applying for permission to stay as a visitor for the purpose of receiving private medical treatment they must also satisfy the decision maker that they have met the costs of any medical treatment received so far; and provide a letter from a registered medical practitioner, at a private practice or NHS hospital, who holds an NHS consultant post or who appears in the Specialist Register of the General Medical Council, detailing the medical condition requiring further treatment.

If they are applying for a 11month visa then in addition they must provide evidence from their doctor or consultant in the UK that the proposed treatment is likely to exceed 6 months, but not more than 11 months; and provide a valid medical certificate if paragraph A39 and Appendix T of these rules apply.

Student Visitor

May enter under this route provided before commencing a course they must at the date of application meet the ATAS requirement in Appendix ATAS where it applies.

Marriage and Civil Partnership visitor:

For those seeking to come to the UK to marry or form a civil partnership, or give notice of marriage or civil partnership., permission will need to have been obtained before entering the UK and applicant must be aged 18 or over on the date of application. Unless the applicant is a “relevant national” as defined in section 62 of the Immigration Act 2014, they must, within the period for which they are seeking permission as a visitor: intend to give notice of marriage or civil partnership in the UK; or intend to marry or form a civil partnership in the UK. If successful will be given leave of up to 6months.

Permitted Paid Engagement visitor:

This for experts in their field coming to the UK to undertake specific paid engagements for up to one month.

Transit visitor: for those who want to transit the UK on route to another country outside the Common Travel Area and who will enter the UK for up to 48 hours by crossing the UK border unless Appendix Visitor: Transit Without Visa Scheme applies.

We can help you deal with the issue of submitting application as Visitor as our Barristers have experience of the Immigration rules and law and are familiar with the approach of the Home Office

These apply to those who have married from overseas and are now wanting to bring their partner to the UK and in order to do so an application under Appendix FM will need to made.  In order to qualify under this route an applicant has to meet the Suitability, Eligibility, English, Relationship, Immigration Status and Financial Requirements if seeking entry to the UK.

There is the requirement for a sponsor to show that they earn £29,000  and this is to be increased to in 2024. If you were granted entry clerance before 11 April 2024, then the incomde requirement will be £18,6000. Income can be supplemented by savings over £16,000.  Income can include maternity, paternity, adoption or sick pay, Income from Pensions, rent or shares and third-party support can count as well. If your sponsor is in receipt of  any of  the benefits, then the requirement will be met.

• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Carer’s Allowance
• Personal Independence Payment
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
• Police Injury Pension
• Child Disability Payment
• Adult Disability Payment

There is also a requirement to show that there is adequate housing available.

One of the issues that arises is the Home Office question whether a marriage or relationship is genuine and subsisting and it is important from the outset to have collected the evidence to support that it is both genuine and subsisting. You as the applicant may know it is both genuine and subsisting relationship, but you need to show this to the Home Office, it is important that the correct evidence is collected and then correctly identified so the Home Office can see the evidence. There is no point collecting the evidence and then bundling it together, sending it off to the Home Office and expecting the Home Office to look for the evidence.

It is important how your evidence is put together and this is what we would do. We would tailor any submissions based upon your evidence and your individual circumstances so that the Home Office are guided to what the evidence is and where it is in the bundle.

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of the immigration rules and law and are familiar with the approach of the Home Office.

Spousal Extension 

Once in the UK a spouse will need to extend the visa after 30months, and when this occurs the spouse will have to provide similar evidence as to when they entered the country. However, one difference is that should your spouse be working, then this will be counted towards the income threshold. We can help you deal with the issue of submitting an application under this route as our Barristers have experience of the immigration rules and law and are familiar with the approach of the Home Office.

Indefinite Leave to Remain (ILR)

This will arise after being in the UK normally for 5 years but can be less than 5years or more than 20years. ILR arises from a number of routes but what is common to is that suitability will be raised, these routes being;

• Spouse Visa which includes unmarried partners
• Adult Dependent Route
• Tier 1 Global Talent Visa
• 20 years Long residence
• 10 years Lawful Residence
• Ancestry Route
• Sole Representative of an Overseas Business
• Tier 1 Innovator Visa
• Tier 1 Entrepreneur Visa
• Tier 1 Investor Visa
• Tier 1 Exceptional Talent Visa
• Tier 1 Graduate Entrepreneur Visa
• Tier 1 Start up Visa
• Tier 2 Minister of Religion Visa
• Tier 2 (General) Visa
• Tier 2 Sportsperson Visa
• Tier 2 Intra-Company Transfer Visa
• Retired Person Visa
• Long residence
• Returning resident
• Bereavement
• Domestic Violence

The 180-day Rule

This an element which will apply to those applicants who have been issued visa under the investment, business, and work-related routes. This means there is a requirement to have not spent more than 180 days outside the UK in any 12 months during the qualifying period unless it can be shown that there serious or compelling reasons such as serious illness of a relative, the applicant, unable to return to the UK due to a conflict, natural disaster etc

180-day rule does not apply to the family routes but may become a factor when applying for British Citizenship.

For the 10year lawful route provided the absences do not exceed 548days there will be no break

There is an English Language Knowledge Requirement which apply to most routes with the exception of 20 years long residence route apart from this applicants will need to show that they can meet the English language requirements per Appendix English Language UK by having either:

• an English qualification at B1, B2, C1 or C2 level
• a degree taught or researched in English
• being a national of a majority English-speaking country as per the exempted list of Nationalities.The exception being that where applicants are aged 65 or over or are unable to due to physical or mental condition.

They will need to pass the Life in the UK as per Appendix KOL with the exception of  20 years long residence route

We can help you deal with the issue of submitting an application as our Barristers have experience of Immigration rules and law and are familiar with the approach of the Home Office.

Becoming a British Citizen can arise in number of ways as an Applicant may have acquired it through birth or descent due to their British parents or those who were or settled in the UK. Being a national of Hong Kong if they were resident pre 4th February 1997, but not all. Through marriage or a civil partnership with a British national, having spent 3 years in the UK. Under the 5-year route as either a spouse or an EU/EEA national who is on the EU Settled Status scheme. If a person has been made Stateless by way of schedule 2 of the British Nationality Act 1981 or where a person who has given up British Citizenship wishes to reacquire it under Section 13 of the British Nationality Act 1981

The Rules in addition to having been in the UK require Applicants to show that they have passed the English Language Knowledge Requirement which requires English at Level B1 unless they are aged 65 or over or are unable to due to physical or mental condition. They also need to pass the Life in the UK as per Appendix KOL

The Residence Requirement also need to be met and an Applicant also needs to show

• They are over 18
• Have Indefinite Leave to Remain
• They are not in breach of any Immigration rules.
• Meet the Good Character requirement
• They have not been absent for more than 90 days in the last 12 months before making the application.
• If they are married to or in a civil partnership with a British citizen, the total number of days absence from the UK for the whole 3-year period does not exceed 270 days.
• Have spent at least 5 years of continuous residence in the UK, having spent no more than 450 days outside the UK.

We can help you deal with the issue of submitting an application as our Barristers have experience of the Immigration rules and law

Where an Immigration application has been refused by the Home Office then subject to the type of application submitted, there may be a right of appeal to the Immigration Tribunal against the decision of the Home Office.

If the application relates to an applicant who is outside the UK then there will be a 28day time limit to lodge an appeal. If the Applicant is in the UK, then the time period will be 14days. Appeal applications can be submitted outside these time limits but a request to seek an extension of time would need to be attached as well, but this does not mean the out of time will be accepted, it will depend on a number of factors.

Procedure

The appeal would be lodged with the First Tier Tribunal who will then issue directions on both the Applicant and the Home Office to file the evidence within a period of time. At the point the applicant will need to file any evidence that is to be relied upon in support of the appeal, this being known as the Appellants bundle and with this a Skeleton Argument is usually submitted. Once this has been done the First Tier Tribunal may list the matter for a Case Management Hearing which will take place either by video, in person or on the phone to identify all the issues and then list the matter for a full hearing.

Following this the Appeal will be listed, and which point the Applicant and any witness will need to give their evidence before an Immigration Judge, this hearing could occur by way of a video connection such as Skype or in person.

If the case is listed for a remote hearing meaning that the hearing will take place via a could based platform such as Teams, Skype etc, if it is not a remote hearing then it will be listed a normal hearing where you will need to attend the Immigration tribunal. It is very important that all the evidence is obtained and served on the Judge and the Home Office before any hearing date.

If the Immigration Judge refuses the appeal, then an application can be made to the First-Tier Tribunal for permission to appeal to the Upper Tribunal. In order to apply for permission there, have to be grounds that the Immigration Judge at the First-Tier Tribunal made a material error of law when it came to the Appeal.

If you are successful, then the Home Office could seek permission to appeal on the basis that First-Tier Tribunal judge made a material error of law when determining the appeal.

If the First-Tier Tribunal decline permission, then an application for permission can be made to the Upper Tribunal for permission to appeal.

Should permission be granted then an error of law hearing will be listed by the Upper Tribunal to determine if there was a material error and if a material error is found, the appeal will either be considered on the day by the Upper Tribunal, returned to the First Tier Tribunal or listed for a hearing in the Upper Tribunal.

There are time limits at each stage which must be followed, but an Appeal application can be submitted outside these time limits but a request to seek an extension of time would need to be attached as well, but this does not mean the out of time will be accepted, it will depend on a number of factors.

We can help you prepare you case from the start of this process and ensure that all time limits are followed and seek to obtain all the evidence and then attend the hearings on your behalf. as our Barristers have experience of appearing both before the Tribunals.

Depending on the application that has been submitted to the Home Office it may not give rise to a right to appeal the decision of the Home Office to the Immigration Tribunals, instead they will give a right to an Administrative Review which must occur within a specified time period. An Administrative Review is the process where an applicant requests that Home Office reconsiders its decision.

We can help you decide if this is best course of action in light of any decision that has been made as our Barristers have experience of making Administrative Review applications and should the Home Office maintain their decision we can then advise as to the next steps including considering whether an application for Judicial Review should be started.

If you are in detention or your loved one is in detention due their leave expiring or being cancelled or not having any form of leave , then they may be entitled to bail especially if it can be shown that;

· Removal from the UK is no imminent

· There is a barrier to removal such as a pending appeal

· The risk of absconding is low

· They are not a threat to the public

· There is a suitable address to be released to

· There are suitable sureties.

There are two routes through which bail can be applied for can apply for: (1) By applying to the Home Secretary which is known as ‘Secretary of State bail’ by way of Form Bail401and (2) By applying to the First-tier Tribunal where the Secretary of State bail’ has been refused already by way of Form B1.

A detained person can apply for bail every 28days, but it can be sooner than 28days if there is a change of circumstances.

Where a person has been in custody for 4months and no application has been made, then the issue of bail will be referred to the First-tier Tribunal who will decide if bail is to be granted.

We can help you deal with the issue of bail as our Barristers have experience of making bail applications not only in the Immigration Tribunals but also the Criminal courts as well.

If you or your loved ones need extra support with bail or unable to fund a bail application, then you may wish to contact the charity Bail for Immigration Detainees https://www.biduk.org

Deportation is a complex area of the law where the law is constantly changing. Deportation occurs mainly by way of the Borders Act 2007 where a foreign national has been convicted of a criminal offence which is more than 12months or is regarded as a persistent offender , this being known as an automatic deportation. In addition to this there is the power to deport under section 5(1) Immigration Act 1971. Most people facing Deportation will be under the automatic provisions post any conviction for an offence. Currently the requirement is that the sentence must be 12monhs or more, or a persistent offender.

Once the automatic provisions are triggered the Home Office serving a notice, which any Applicant must respond by way of representation setting out why as why the Applicant falls into the Exemptions to deportation or if there are very compelling circumstances which outweigh the public interest.

Depending on the length of the sentence will determine what options are available to any one facing deportation. There are two exemptions under the Immigration Rules at the point of the submissions, these are replicated in Part 5A of the Nationality Immigration and Asylum Act 2002 (as amended). The first being that the Applicant has been lawfully present in the UK for most of his life. is now socially and culturally integrated into UK and there would be significant obstacles to the country to which he is to be deported. The second is what is known as the ‘unduly harsh’ test and for this to arise the Applicant needs to show that he has a genuine and subsisting relationship with a partner or a child, or both and that the effect deportation on them would be “unduly harsh’. This will only apply if the sentence is less than 4 years.

In the case of sentence of 4years or more, then the Applicant is going to have to establish very compelling circumstances.

We can help you deal with the issue of submitting an application against an order for deportation or representing in the Immigration Tribunals as our Barristers have experience of dealing with deportation cases, they are familiar with the Immigration rules and law which apply to deportation cases.

Asylum is the protection given by a country to someone who is fleeing persecution in their home country. Traditional asylum law is based on the 1951 Geneva Convention, which grants a right to asylum to people who “have a well-founded fear of being persecuted because of their race, religion, nationality, membership of a particular social group or political opinion, and are unable or unwilling to seek protection from their home countries.”. This has been supplemented by the qualifying directive which follows a similar vein.

Persecution can take many forms. An individual might be at risk of death or torture at the hands of the state, or face prosecution in a politically motivated criminal trial, or they might flee. A grant of asylum can provide an individual with rights of residence in a country but, perhaps even more importantly, it protects that individual from forced removal to the persecuting state.

Please note that we do not deal with Asylum cases by way of legal aid, if you wish to benefit from Legal Aid, then please visit the legal aid agency webpage which should be able to help you.

We can help you deal with the issue of submitting an application or Asylum or represent you in the Immigration Tribunals where there is an Appeal listed, our Barristers have experience of dealing with Asylum cases, they are familiar with the Immigration rules and law which apply to Asylum cases.

7 Years Rule Children

If a child has lived in the UK for 7 continuously then that child may be able to make an application to remain in the UK on the basis of Paragraph 276ADE(1(iv) as any child who has been in the UK for 7 years is regarded as Qualifying child for the purposes of Section 117B(6), but this is not guaranteed.

Should the Home Office refuse an application, then the matter should be appealed as the Tribunals will assess the impact upon the child without giving too much weight to the actions of the parents. The Home Office should adopt this view as well as part of the decision-making process, but do not always.

The fact that the child is 7 on its own may not be sufficient for leave to be granted but what has to considered what would be in the best interest of the child and would it be reasonable to expect a child who is aged 7 or more to leave the UK in the absences of any powerful reason.

The law on this area is complex, the fact a child is over 7 does not mean that child will be granted a right to remain and with numerous rulings, it is important that the law on this area is clearly understood.

The effect of a child being granted leave would be that the parents would also then by implication qualify for discretionary leave.

We can help you deal with the issue of submitting an application under this route or represent you or your child in the Immigration Tribunals where there is an Appeal listed, our Barristers have experience of dealing with 7years cases, they are familiar with the Immigration rules and the law when it comes to this area.

Judicial Review is a tool by which a decision of a public body can be challenged by a person who is affected, it occurs mainly where there is no right of appeal or any other remedy available to the person.

The issue of Judicial Review will arise in Immigration matters where the Home Office has made a decision which is wrong, where a Home Office decision does not have a right of Appeal due to the Immigration Rules, or where the Home Office certify an application meaning that an Appeal can only be brought from outside the UK. A decision of the Immigration tribunal may also be challenged.

If it is the case that after considering your case that we feel that the decision of the Home Office needs to challenge, then this is a route which may be available.

Procedure

In order to start an application for Judicial Review, a Pre-Action Protocol letter is a letter sent to the Home Office. This is Letter before Action giving the Home Office 14day to resolve matter without moving to the stage of issuing proceedings which will incur costs. If the Home Office maintain their decision, then the grounds for Judicial Review will be filed with the Upper Tribunal/ Administrative Court. In urgent cases the 14day time limit can be dispensed with.

Should the Home Office maintain their decision then the grounds for Judicial Review will be settled and your Judicial Review must be filed no later than three months after the grounds upon which the Claim is based first arose (CPR Part 54.4). Judicial Review applications can be submitted outside the time limits but a request to seek an extension of time would need to be attached as well, but this does not mean the out of time will be accepted, it will depend on a number of factors.

Your Judicial Review claim will then be considered by a Judge who may or not grant permission to bring the proceedings. If Permission is not granted, then you may renew your application, but there is only a 9-day time limit.

We can help you deal with the issue of submitting an application for Judicial Review as our Barristers have experience of drafting grounds and appearing in Judicial Review proceedings

Child Student

The Child Student route is for a person aged between 4 and 17 who wants to study at an independent school in the UK, which is a student sponsor. A person aged 16 or 17 who wants to study a course at or above Regulated Qualifications Framework level 3 or Scottish Credit and Qualifications Framework level 6, can choose either to apply as a Child Student at an independent school or as a Student under Appendix Student.

This route is only for Only for 4-17years of age who have to score 70points made of Certificate of Sponsorship ( 50points) and financial support (20points).

A Certificate of Sponsorship can relate to any course which must be taught in line with the national curriculum or a recognised framework. It can be of any duration but is limited to a single course but can include a pre-sessional element provided the child has an unconditional offer at the school and does not exceed the length of the permission which is 6years if under 16 and 3 years if between 16-17 but there are further requirements.

The Child Student Must;

• Pay fee, surcharge, provide biometrics, passport and have a Certificate of Sponsorship which less than 6months old
• Not be in the UK as visitor, short term student or outside the Immigration Rules and must meet suitability under Part 9, not be in breach if Immigration Rules except where Para 39E applies or be on Immigration bail.
• Will need to provide TB certificate where Appendix T applies
• Show parental consent in writing which must confirm the application being made, living, travel and reception arrangements if the required. Who they are reside with who has to be a British Citizen or person settled in the UK.
• Provide a letter of undertaking from any relative which identifies the residential address and confirms the relative has £570pm for each month of the course.
• If they are 16-17 and are to live independently then funds of £1334 (London) or £1023(Non-London) for each month for 9months

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of Immigration rules and law and are familiar with the approach of the Home Office.

Parent of a Child Student

This route is for a Parent of a Child Student to come to or stay in the UK to care for them, where the child is in the UK under Appendix Child Student, is aged between 4 and 11 and is attending an independent fee-paying school (which must not be a state school or academy). Only one of the child’s parents can be in the UK under this route.

This route only applies to children aged 4-11 at the date of the application. A Parent must pay the fee, surcharge, provide biometrics and passport and has to be 18 at date of application. They must be the only parent who will be in the UK or is in the UK who intends on living with the child . Any parent who is in the UK already must not be a visitor, a short-term student or have leave or permission outside the Immigration Rules.

A Parent must be suitable and not be in breach of the Immigration Rules unless para39E applies or be on Immigration bail . They may be required to meet Appendix T. They do not need to meet the Financial requirements if they have permission to be in the UK and have been in the UK for more than 12months at the date of the application otherwise show £1560 for maximum of 9months and £625 for each additional child and any funds must be held for 28days Any funds held must be sufficient to show they can maintain their main home outside the UK ,

We can help you deal with the issue of submitting an application under this route as our Barristers have experience of Immigration rules and law and are familiar with the approach of the Home Office