Expert Legal Solutions 'Simplified'
Expert Legal Solutions 'Simplified'
Getting divorced or dissolving a civil partnership can be a difficult and stressful time for everyone involved. It can be extremely painful and leave people feeling frightened and confused about their future, their home, and their finances, as well as what may happen to their children.
Most divorces are undefended, and we offer transparent fixed fees so you know what your costs will be. A family law solicitor will support you throughout the entire process by listening and discussing the options with you, advising on your rights and responsibilities, and making the whole process as simple and stress-free as possible.
You can only get a divorce if your marriage is legally recognised in the UK, you have been married for at least a year and you have a permanent home in England or Wales.
To end your marriage, you will need to show one of these five reasons:
Civil partnerships
Civil partnerships are ended by a dissolution order. The process is the same as for a divorce, except that adultery cannot be a reason for dissolving a civil partnership. Adultery would be considered under ‘unreasonable behaviour’ during the divorce proceedings.
You can call on our expert advice and support to help make the process as painless as possible. We can advise you on the best basis to present a petition, advise you on the procedure and draft the documentation for you.
The important aspect of an Islamic marriage is that it is not recognised under the English Law if it takes places within the UK, therefore you also have to have a civil ceremony. If you do not go through a civil ceremony, it may mean that you do not have the same legal rights and level of financial claim when you divorce. However, should you have an Islamic marriage abroad, then the position is different depending on the country where you married and its laws around Islamic marriage. We can advise you as to the legal status of your marriage whether this took place in the UK or abroad.
In the unfortunate event of a breakdown, there are two types of Islamic divorce, one is ‘Talaaq’ which is initiated by the male, and the other is ‘Khula’ this is initiated by the female. Whoever wishes to initiate the divorce will have to apply to the Islamic Shariah Council to start the process which can take a few months from start to finish. The Shariah Council attempt mediation and failing this they proceed with the divorce taking into account a waiting period known as ‘Iddah’ which means that the wife has to wait for a period of 3 months, or three menstrual cycles, before the divorce can be issued. During the waiting period, the couple can still be reconciled.
We can help you with the following:
1. Islamic marriage ‘Nikkah’ Advice
2. Dowry ‘Mahr’
3. Islamic divorce
4. Domestic abuse and protective injunctions
5. Financial Settlement
6. Child Arrangements
It is very important that your children are affected as little as humanly possible by your separation. Our approach makes sure that their well-being is always kept as a priority.
Our dedicated solicitors will advise our clients on the options available to them as parents and help clients to resolve any contested issues raised in relation to child custody and living arrangements of their children. In cases involving children, it is recommended to avoid court action as this should be used as a last resort and the welfare of the children will remain the paramount consideration.
We try to help our clients reach their own arrangements with the other parent where possible. Mediation is a route which often works well in helping you resolve your differences, for the benefit of all involved. We are experienced in dealing with these types of cases and achieving a result that works best for you and your loved ones.
The divorce does not put an end to the financial relationship between the parties. To separate your assets and finance, you must reach a legally binding decision on how the assets and finance will be split once the marriage has ended.
Without a financial settlement you both still retain the ability to make financial claims against each other. Unless there is a separate order that also dismisses or otherwise deals with the financial claims that are available upon divorce, those claims remain open indefinitely.
You can get a financial settlement at any time during proceedings. Reaching an agreement will depend on your relationship and the complexity of the assets.
Consent Order
A consent order is a legally binding document that sets out the financial arrangements agreed between parties upon divorce. Order of this type will deal with capital income, the division of all the assets and liabilities, including property, pensions, and personal possessions. Where appropriate, it will set out the level and duration of any child and spousal maintenance as well as provision for other expenses such as school fees, medical insurance, and life insurance.
In the event of a clean break (where all financial ties are severed), a consent order sets out the division of property and includes clauses that bring the financial relationship to an end. When it is necessary for the parties to have an ongoing financial relationship (for example, due to the need for spousal maintenance to be paid), the order sets out the mechanism for this going forward as well as the date or event upon which this financial relationship will conclude. Consent order can enforce delayed or withheld maintenance payments from an ex-spouse.
Many couples in the UK today live together without being married or forming a civil partnership and in some situations, having a cohabitation agreement can be very helpful.
A cohabitation agreement, also known as a ‘living together agreement’, is a legal agreement for the relationship specifying how assets are owned and shared between partners and what happens if you separate. Contrasting marriages and civil partnerships, there is no legislation in England and Wales for cohabitation agreements in particular; instead, they fall under the normal rules of contract law.
Cohabitation agreements should be in place as any co habitant can now make a claim against their partner within a year of splitting up if they feel that they have been financially disadvantaged because of the relationship or any other issues. The law also enables a cohabitant to claim a share of their partner’s estate in the event of their death however this type of claim can only be made if their co-habiting partner did not make a will.
If you feel that you can benefit from having cohabitation agreements in place or if you are in a situation where you need advice because you are now separated from a partner who you were cohabitating with, please contact us.
We have experience in working closely with vulnerable clients those victims of domestic abuse. We understand that victims of domestic violence require compassion and support. We can help apply for different types of Injunctions which essentially prevent or prohibit a person from doing a particular act or thing, such as causing you harm whether direct or indirect.
Under Family Law there are two types of injunctions which you can apply for as protective measures and these are known as a Non-Molestation Order and/or an Occupation Order which are applied for and granted by the Family Courts.
1. Non-Molestation Order:
A non-molestation order can be applied for with or without notice to the person it is sought against. To successfully be granted with a non-molestation order you must show that you have, recently, suffered physical or verbal abuse and/or you are being harassed, pestered and/or intimidated. The meaning is broad and even covers the same if carried our directly or indirectly via a third party. A non-molestation order can protect you in your home and extend to your place of work, and when you are out. It also carries the power of arrest in the event of a breach and can be granted for a period of six or twelve months.
2. Occupation Order:
An occupation order, if granted, sets out which party should be excluded from the family home and which party should remain. However, for this to be granted there has to be serious abuse suffered by the victim. Such an order results in a legal right to occupy a property being removed and therefore the courts do not always grant these unless the higher threshold of serious harm has been reached.
Sponsor Licence
Post-Brexit, gathering skilled workers became different. Organisations now need to apply for a sponsor licence to recruit international workers including European nationals. With the new system, businesses allow skilled workers to enter the UK and contribute to public services. A certificate of sponsorship is an essential requirement for starting visa applications. When an employer issues a certificate of sponsorship, it is confirmed to the Home Office that the proposed organisational factors match the visa route's standards.
If the application is successful, they will be given a licence rating. They will then be able to issue certificates of sponsorship providing that they have jobs that are suitable for sponsorship. This licence will be valid for 4 years and may be revoked should the company not meet its responsibilities as a sponsor.
Every business, small medium or large, needs to hold a sponsor license to recruit individuals from abroad. This includes the EU, Iceland, Lichtenstein, Norway and Switzerland.
Temporary Workers Visa
Navigating the complexities of UK immigration law can be challenging, especially for temporary workers seeking opportunities in the UK. Our goal is to provide you with clear, comprehensive guidance to help you understand your options and successfully apply for a temporary worker visa.
Understanding Temporary Worker Visas
The UK offers several visa categories for temporary workers, designed to accommodate different types of employment and skills. These include:
Eligibility Criteria
To qualify for a temporary worker visa, applicants generally need:
Application Process
The application process can vary depending on the specific visa category. Typically, it involves:
Requirements for a sponsor licence
If your organisation is looking to hire skilled workers from outside the UK, obtaining a sponsor licence is an essential step.
What is a Sponsor Licence?
A sponsor licence permits UK-based employers to hire foreign workers for specific roles and ensures compliance with immigration laws. This licence is crucial for accessing global talent and fulfilling your business needs.
Fees £2,000 - £5,000 (excludes application fees & disbursements)
Skilled Worker Visa
The UK Skilled Worker Visa is a type of visa that allows highly skilled individuals to come to the UK to work in a specific job. This visa is designed to attract highly skilled workers who can contribute to the UK economy and fill shortages in the labour market.
To be eligible for the UK Skilled Worker Visa, applicants must:
· Have a job offer from a licenced UK employer in an occupation listed in Appendix Skilled occupations of the immigration rules
· Meet the required English language proficiency level
· Meet the required maintenance (funds) requirement
· Have a valid certificate of sponsorship from their employer
· The job must meet the minimum salary requirement which, as a general rule, is the highest out of the following 3 options: £38,700 per year, £15.88 per hour, or the ‘going rate’ for the specific occupation.
However, there are other ways a worker can score points for salary when applying for a Skilled Worker visa under the new rules that were introduced in April 2024. These are labelled as Options A to K in the Immigration Rules. The applicable general salary threshold depends on which option the worker is claiming points under and can be any of £38,700, £34,830, £30,960, £29,000, £26,100, or £23,200 per year. Going rates and hourly rates also depend on the option the worker is claiming points for.
Sponsored workers who were already in possession of a Skilled Worker visa prior to the changes that were introduced in April 2024, are subject to different requirements and lower salary thresholds when applying for an extension of their visa, changes of employment or Indefinite Leave to Remain. Salary assessments have become more complicated, and it is best to seek legal advice before sponsoring a worker on a Skilled Worker visa.
Fees £2,500 - £4,000 (excludes application fees & disbursements)
Temporary Worker Visas
There are a number of short-term sponsored UK work visas in addition to the various unsponsored and long-term sponsored work routes.
The six Temporary Worker routes that can help applicants:
· Charity Worker Visa
· Creative Worker Visa
· Religious Worker Visa
· Government Authorised Exchange Worker Visa
· International Agreement Worker Visa
· Seasonal Worker Visa
In all cases, the applicant must present a valid sponsorship certificate from a licenced UK sponsor. In addition, they must meet a financial maintenance requirement and numerous route-specific requirements. What the visa holder can and cannot do depends on the specific route, with maximum lengths of stay ranging between six months and two years.
The Youth Mobility Scheme is an additional short-term route that is not sponsored. This cultural exchange programme gives 18- to 30-year-olds from participating countries the opportunity to live in the United Kingdom for up to two years. This route does not require the applicant to have a job offer, but a much higher financial requirement must be met to prove that they can support themselves in the UK.
Fees £2,000 - £3,000 (excludes application fees & disbursements)
Audit and Compliance Service
The Corporate Immigration team at CLS specialise in compliance services. We assist small businesses and multinational corporations in all sponsor licence matters such as new applications, suspensions and revocations, compliance advice and guidance, including in-house training, providing reports and action plans, assistance with sponsoring migrant workers and daily reporting on the Sponsor Management System.
Fees vary on business size and requirements - please call to enquire
Business Visit Visa
Business activities will normally be linked to the person’s employment overseas and activities for visitors are mostly incidental to their employment. You can apply for a visit visa if you wish to visit the UK for business reasons and stay for up to 6 months on the below business activities:
· attend interviews, meetings, conferences and seminars
· negotiate and sign deals and contracts
· attend trade fairs to promote your business (you cannot sell things)
· get work-related training if you’re employed overseas and the training is not available in your home country
· give a one-off or short series of talks as long as they’re not for profit or a commercial event (you must not be paid)
· carry out site visits and inspections
· oversee the delivery of goods and services provided by a UK company to your overseas company or organisation
· deliver training or share knowledge on internal projects with UK employees of the company you work for overseas
· install, dismantle, repair, service or advise on equipment, computer software and hardware, if your overseas company has a contract with a UK company or organisation.
If applicants wishes to come and study to the UK, they can choose from the below activities for the same period.
· study at an accredited institution (this includes English language courses)
· do a short piece of research that’s relevant to your course overseas
· do an ‘elective’ - an optional additional placement, if you’re studying medicine, veterinary medicine and science, nursing, midwifery or dentistry
· sit an entrance exam, retake an exam or course module, or do a PhD oral exam (a viva)
· do an unpaid clinical attachment if you’re a graduate of a medical, dental or nursing school
· take the Objective Structured Clinical Examination (OSCE) test or the Professional and Linguistic Assessment Board (PLAB) test
We can assist your business with temporary business visas for existing or potential employees.
Fees £2,000 - £3,000 (excludes application fees & disbursements)
Global Business Mobility Route
For foreign companies looking to establish a presence in the UK or relocate employees there for particular commercial purposes, the Global Business Mobility Route is a new sponsored category that provides 5 types of Visas. Those 5 pathways (Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier, Secondment Worker) will provide opportunities such as expansion, new markets, growth for independent professionals, and even the ability to relocate overseas employees and contractors.
1. The Senior or Specialist Worker Visa
This route is for foreign nationals who are taking on temporary work engagements in the UK and who are being allocated to a UK company that is affiliated with their employer abroad. The Senior or Specialist Worker route replaces the Intra-Company Transfer route.
To be able to apply under this category you must be over 18 years old and earn at least £48,500 per year or the “going rate” for your job. You must have a Certificate of Sponsorship which will be provided by the employer from your overseas company and do a job that is on the list of eligible occupations. You must apply 3 months before the date of arrival, and the decision takes between 3 to 8 weeks depending on your location. Here at CLS, we can support you with all necessary documentation and full guidance throughout the visa application.
You can stay in the UK as shown on the Certificate of Sponsorship +14 days, however, the period can be extended at any time. The maximum total stay is:
· 5 years in any 6 years if you are paid less than £73,900 a year
· 9 years in any 10 years if you are paid £73,900 a year or more.
If you are already with an Intra-company or Tier 2 (Intra- Company Transfer) Long-term Staff Visa you can apply to extend your stay with this route for as long as you have sponsorship.
Successful applicants can bring their family members (Spouse/partners and children under 18).
Professional Fees: £2,000 – £3,000
2. Graduate trainee Visa
This route is for when an international worker is enrolled in a graduate programme/course leading to a senior management or speciality position and is required to complete a work placement in the UK, they are eligible for the Graduate Trainee visa.
To be able to apply for this route, you must have worked for your employer outside the UK for 3 months before you apply and do a job that is on the list of eligible occupations. Your employer must provide you with a Certificate of sponsorship and be paid at least £25,410 or 70% of the “going rate” for your occupation. Here at CLS we can guide you on all documentation and support you throughout the entire process of the visa application.
The maximum period you can stay Is 12 months or the period shown on your Certificate of sponsorship. You can extend your visa if you only hold any of the other 5 Global Business Mobility Visas.
If the application is successful, you can bring family members such as your partner and children, and travel outside the UK and come back.
Professional Fees: £2,000 – £3,000
3. Service Supplier
The service supplier route is for foreign nationals who are working temporarily in the UK as either contractual service suppliers employed by foreign service providers or independent professionals working for themselves and based abroad who need to work in the UK to perform services covered by one of the UK's international trade agreements.
To be able to apply for this visa, you must prove contractual services with a UK-based company or a valid international trade agreement. You have a Certificate of Sponsorship from the employer and have worked with them for at least 12 months outside the UK. For self-employment, you must have at least 12 months of professional experience in your services. You have to show your job is eligible or you hold relevant qualifications and experience.
The maximum stay under this route is 6 or 12 months, depending on the type of agreement, however you can switch to a different category and extend your stay in the UK. Here at CLS, we will support you on the entire process including the documentation.
Professional Fees: £2,000 – £3,000
4. Secondment Worker Visa
This Visa is for a worker who is being seconded to the UK as part of a high-value contract or investment by their business overseas. The Secondment Worker route is for foreign nationals who are taking on temporary work assignments in the UK.
To be able to apply under Secondment Worker Visa, you must already be employed by an overseas company that has a high-value contract with your UK sponsor for at least 12 months that has been authorised by the Home Office. You have to hold a Certificate of Sponsorship from your employer and do a job that is on the list of occupations. Your overseas employer must have an eligible contract with your UK Sponsor that’s worth at least GBP 50 million. Here at CLS we can guide and support you on all steps for a successful application.
You can stay in the UK for a maximum of 2 years; however, you can switch to a different category and extend your stay in the UK. You can apply for this route at least 3 months before starting your job in the UK and the decision is taken between 3 to 8 weeks.
Dependants such as partners and children can apply to join you if they are eligible.
Professional Fees: £2,000 – £3,000
Innovator Founder Visa (replaces Start-Up and Innovator Visa)
For established entrepreneurs with innovative business ideas who want to relocate to the UK and start a business. It can be applied by switching from a Start-Up visa or Innovator visa where the business is developed and active, trading, and demonstrates achievements against the business plan.
Entrepreneurs with unique, independently developed business ideas, significantly refined and improved, can opt for the Innovator Founder path. This pathway not only enables entrepreneurs to kick-start their business ventures in the UK but also provides the option to extend their stay for an additional 3 years, ensuring sustainable growth and stability.
Dependent partners and children can seamlessly apply alongside the main applicant, fostering a supportive environment for personal and professional growth.
With a validity of 3 years, this visa offers a clear pathway to Indefinite Leave to Remain (ILR), providing entrepreneurs the stability and confidence to focus on their businesses while building a foundation for a secure future in the UK.
Requirements:
· Must be supported by an endorsing body that confirms that the applicant has either generated or made a significant contribution to the ideas in their business plan
· They must be involved in the day-to-day management of the business
· The applicant must be awarded 70 points, of which 50 must be either the new business criteria or under the same business criteria but not both
· Must have an English level of B2
· An easy route for ILR
Fees £2,000 - £5,500 (excludes application fees & disbursements)
Global Talent Visa
The Global Talent Visa is for individuals who have proven talent in their field and have been endorsed as a recognised leader (exceptional talent), as an emerging leader (exceptional promise) or under the UK Research and Innovation (UKRI) endorsed funder option. This visa allows you to come to the UK and contribute to the economy by either starting up your own project or by working at an existing company. You can only apply for a Global Talent visa once you have successfully applied for an endorsement to prove that you are a leader or potential leader. The two stages of obtaining this visa are the Endorsement Stage and the Application Stage.
Home Office has created an opportunity for talents in financial technology, gaming, cyber security, artificial intelligence, digital technology, boutique tech startups, AI, machine learning and big data to start or join the UK’s best time when tech business is strongly developing and currently holding 200,000 companies.
Based on the candidate’s experience, there are two routes available:
Exceptional Talent:
· Proven to be a recognised leader
· You have a record of innovation where you’ve set up or had a senior position in a product-led digital technology company
· You have a record of innovation where you’ve worked in a new digital technology field or concept as an employee
· You’ve contributed to the digital technology sector outside of work, for example mentoring or collaborative projects
· You’ve set up or worked in a product-led digital technology company, and have made technical, commercial, or entrepreneurial contributions in the digital technology sector
· You’ve had research published or endorsed by an expert
Exceptional Promise
· Proven to be an emerging leader
· You can show at least one example of innovation where you’ve set up a product-led digital technology company
· You can show at least one example of innovation where you’ve worked in a new digital technology field or concept
· You can show at least one example of when you’ve contributed to the digital technology sector outside of work, for example by mentoring or through collaborative projects
· You can show at least one example of when you’ve set up or worked in a product-led digital technology company and have made significant technical, commercial, or entrepreneurial contributions in the digital technology sector
· You have at least one example of research published or endorsed by an expert
The visa is granted for a period of one to five years (the applicant gets to choose) and leads to settlement in 3-5 years, subject to the applicant meeting the qualifying criteria.
Here at CLS, we can assist with all stages of the process.
Tier 1 Investor
The Tier 1 (Investor) category is for high-net-worth individuals making substantial financial investments in the UK. Applicants under this route are not required to meet the English language and maintenance requirements. You will still need to demonstrate that you have at least £2,000,000 to invest in the UK.
You can no longer apply for this visa, however, if you already hold this visa as your current visa, you can apply to extend it. That depends on when you successfully applied.
Here at CLS, we will guide you and support you on the entire process of the application including documentation.
You can apply to bring your family members such as partners and children or to extend the current visas for your family members if they are in the UK.
Fees £4,500 - £10,000 (excludes application fees & disbursements)
Expansion Worker Visa
A UK Expansion Worker visa allows Applicants to come to the UK to set up a branch of an overseas business that has not started trading in the UK yet. Applicants must already work for the overseas business as either a senior manager or specialist employee.
Candidates need to hold a Valid Certificate of sponsorship from the employer and prove They worked for him/her outside the UK for at least 12 months and earn at least £48,500. The work needs to be from the list of eligible occupations and be paid the minimum eligible salary required to do the work.
Requirements
· Certificate of sponsorship with the reference number - employer will provide this
· A valid passport or another document that shows identity and nationality
· Job title, salary payslips & bank statements
· Job occupation code – employer provides this
· The name of the employer and their sponsor licence number - this will be on the certificate of sponsorship
· Evidence with enough personal savings to support You in the UK, for example, bank statements (unless your certificate of sponsorship shows the employer can support). All fees for candidates and dependants are the same as all other visas.
· Proof of relationship with partner or children if they’re applying as well
· Tuberculosis test results if it is from a listed country
· Healthcare charges for You and your dependents
The earliest candidates can apply is 3 months before travel. Successful applications can stay for a max of 5 years in any 6 years if holding a different visa such as Intra-Company Graduate Visa, Intra- Company Transfer Visa, Graduate Trainee Visa, or Secondment Worker.
Professional Fees for this visa vary from £4,500 - £6,500
Scale up Worker Visa
This route is for foreign nationals who want to come to the UK and do a job for a fast-growing UK business (scale-up business).
Scale-up Visa is for talented individuals recruited by a UK Scale-up Sponsor who possess the necessary skills to allow the Scale-up business to continue to grow. You must have a highly skilled job offer from an eligible Scale-up company at the required salary level.
Scale-Up is a path to settlement in the United Kingdom. Applicants may be accompanied or joined by a spouse or dependent children.
There are both Sponsored Application and Unsponsored Application routes for the Scale-up Visa. The Unsponsored Application route is only accessible to applicants who have been granted permission as a Scale-up Worker in the past.
Requirements for a Sponsored Application:
· You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do
· The job you are planning to do is genuine
· The job you are planning to do is at an appropriate skill level
· Your salary will be equal to or exceed both £33,000 per year, £10.58 per hour and the ‘going rate for the job
· You are competent in the English language
· You have enough money to support yourself without relying on public funds
· You have provided a valid TB certificate if required
· They are 18 years old or older
Requirements for Unsponsored Application:
· You are aged 18 or over
· You have previously been granted permission as a Scale-up Worker
· You had monthly PAYE earnings in the UK equivalent to at least £33,000 per year during at least 50% of your most recent grant of permission as a Scale-up Worker
· You are competent in the English language to at least CEFR Level B1
· You have enough money to support yourself without relying on public funds
· You have provided a valid TB certificate if required
Successful applicants can stay for only 2 years; however, they can extend it as many times as they want and potentially qualify for ILR.
Professional Fees: £1,500 - £3,000 (excludes application fees & disbursements)
Indefinite Leave to Remain
You can apply for Indefinite Leave to Remain under different categories. You will need to meet the eligibility criteria under the category in which you apply for. If you are aged between 18 to 65 years old, you must pass the Life in the UK test and prove that you have proficient English language skills. In addition to this, you must meet the continuous residence requirements.
Here at CLS we will explain the legal requirements, which rules are flexible, and which are mandatory. We will discuss the residence requirements, excess absences, breach of Immigration Laws and good character issues in details.
Fees £1,500 - £5,000 (excludes application fees & disbursements)
British Citizenship
To apply for British citizenship, you need to show that you have had one of the following for at least 12 months:
If you are married to a British Citizen, you will not need to wait 12 months to apply.
You must also be over 18 years of age, be able to prove that you were in the UK for at least 5 years before the day the Home Office receives your application or 3 years depending on the previous visa category. You must prove your knowledge of English and have passed the life in the UK test. You need to show your intention to continue living in the UK and be of good character. In addition to that, you must meet the continuous residence requirements.
Here at CLS we will explain the legal requirements, which rules are flexible, and which are mandatory. We will discuss the residence requirements, excess absences, breach of immigration laws and good character issues in details.
Fees £1,500 - £5,000 (excludes application fees & disbursements)
Family Visa
If you want your partner to join you in the UK for more than 6 months, they can apply for a family visa.
They have to be either:
Your partner will need to prove that they have a good knowledge of English and can financially support themselves and any dependants. The rules differ for each type of partner however they will always have to show evidence that they have sufficient funds to support themselves.
Here at CLS we will assess your case and provide information of your eligibility for the visa, timelines and costs involved. We are fully transparent and there are no hidden fees.
Fees £1,500 - £4,000 (excludes application fees & disbursements)
Naturalisations
Depending on the type of visa you currently have you may be eligible for Naturalisations after 5 years or 10 years, however we have to assess your status and lawful residence in the UK to ascertain whether or when you are eligible for Naturalisation.
Fees £750 - £3,500 (excludes application fees & disbursements)
EU Settlement Scheme
Brexit has changed the way EU and EEA nationals can live and work in the UK. If you are either an EU or EEA national, you will need to apply for UK immigration status to stay in the UK after 31 December 2020. Here at CLS our immigration solicitors deal with all aspects of UK Immigration Law. We can help you and your family apply for the correct status to enter or remain in the UK.
If you are already living in the UK by 31 December 2020 and want to stay indefinitely, you will need to apply for the EU Settlement Scheme. If you want to come to the UK for a shorter period after Brexit, you will need a visa which applies to your personal situation.
The Home Office introduced the EU Settlement Scheme as a way for EU and EEA nationals to hold lawful immigration status in the UK after Brexit. The scheme will classify your immigration status as either settled or pre-settled.
You will be granted with settled status if you have been living in the UK for five years continuously. If you have lived in the UK for less than five years you get pre-settled status which will last for five years. Once you have lived in the UK continuously for five years you can apply for settled status.
Settled and pre-settled status will allow you and your family to live and work freely within the UK, you can also leave and enter the UK with no ramifications. After 12 months with settled status (six consecutive years of living in the UK) you will be eligible to apply for naturalisation to become a British citizen.
Under UK Immigration rules, family members of an EU or EEA national are a spouse or civil partner, a child or grandchild of you and/or your spouse or civil partner (if they are under 21 or financially dependent on you) or a parent or grandparent of you or your spouse or civil partner who is financially dependent on you.
If your family are already with you in the UK, they can apply to the Settlement Scheme at the same time, if they are still abroad then they can still join you in the UK after Brexit. If you are married or in a civil partnership, then you will need to prove that your relationship is genuine in order for your spouse or partner to join you.
For unmarried partners of EU and EEA nationals, they would also be able to join you in the UK before 1 January 2021, you will also need to prove your relationship is genuine. Once they are in the UK they will need to apply to the EU Settlement Scheme.
How Long Does EU Settlement Scheme Applications Take?
As the end of transition period is approaching, there are more and more EU and EEA nationals applying. It currently takes the Home Office 1 – 2 months to process an application but this could increase as the deadline comes closer.
Whilst your application is in progress you should not be concerned whether you can stay in the UK or not. As an EU or EEA national you are free to stay within the UK during your application under EU freedom of movement law.
Fees £750 - £3,500 (excludes application fees & disbursements)
Entry clearance is the procedure to ascertain whether someone qualifies under the Immigration Rules for entry to the U.K. In some cases entry clearance is mandatory, in others it is optional.
Even if someone qualifies and is granted entry clearance, authority to admit someone to the UK ultimately rests with the Immigration Officer at the port of entry.
At CLS we can advise and assist you with all types of entry clearance applications including, Spouse Visas, Visitor Visas & Fiance Visa -
Fees £1,000 - £5,000 (excludes application fees & disbursements) Depends on type of visa and complexity
The Home Secretary has the power to deport individuals who do not hold British citizenship when it is considered necessary for the common good. People who do not hold leave to remain in the UK may be removed forcibly by the Home Office.
Holding Indefinite Leave to Remain (ILR) has an array of benefits, you will be able to enjoy many rights and freedoms without the restrictions of being a UK visa holder and is a highly sought-after immigration status. However, it can be revoked at the discretion of the Home Office and a person with ILR can be deported. It is important to understand the rights and advantages which ILR can bring as well as the situations by which a person can be forcibly removed from the UK.
Being deported from the UK is a very serious matter and, in most cases, you will be prohibited from entering the country for at least ten years. The UK Home Secretary has the legal power to deport non-British citizens under several circumstances.
If an individual who does not hold British citizenship is convicted of a crime in the UK, they can be deported from the UK at the discretion of the Home Secretary. This is known as enforced removal for the public good and will most often happen after serving a criminal sentence in a UK prison.
Recent changes to deportation rules have concluded that you are more likely to be deported if you have been sentenced to a period of imprisonment lasting 12 months or more. There are some circumstances whereby you can challenge the decision if your case meets the qualifying criteria, however there is no automatic right to appeal a deportation decision.
If you have been issued with a deportation order, your child and spouse may also be at risk of deportation. Your child or spouse may be allowed to stay in the UK if they independently hold ILR and/ or if they have been living apart from you.
It may be possible to submit an appeal against your deportation order if you can make a compelling argument based on the right to family life. In some cases, it may be possible to refer to the previous practice of the seven-year policy for children, whereby a child would not be removed from the UK if they were aged under 18 years, had lived in the UK for at least seven years, and where it would be unreasonable to force the child to leave.
Being issued with a deportation order is a very serious issue and if you intend to challenge the order, you must act immediately as there is a strict time limit imposed on these orders.
Here at CLS we will work with you immediately and discuss your case in full. We provide representation and legal advice on your situation and can advise you on the range of options available to. Deportation can result in being a complex matter depending on the reasons for deportation.
Fees - During the consultation we will advice you of costs involved, this may be between £3,000-£6,000 (excludes application fees & disbursements)
Asylum claims
If you want to remain in the UK as a refugee, you must apply for asylum. To be eligible you must show that you are unable to go back because you fear persecution. The fear of persecution should be because of your race, or your religion, nationality, political opinion, or anything else that puts you at risk because of the social, cultural, religious, or political situation in your country. You also must show you have failed to get protection from authorities in your own country.
You should submit the application when you arrive in the UK or as soon as you think it would be unsafe for you to return to your own country.
Human Rights claims
You can apply to enter or remain in the UK based on a human rights argument. You may be able to apply for the right to remain in the UK based on your right to family and/or private life in the UK.
This right is known as an Article 8 right, because it comes from Article 8 of the European Convention on Human Rights (ECHR), which is part of UK law through the Human Rights Act 1988. This right will continue to exist after Brexit.
If a public authority /Home Office breaches your human rights, you may be able to take action under the Human Rights Act in the UK courts. Taking court action can be a long and stressful process. It can also be expensive if the matter is not settled prior to going to court. It is especially important to keep in mind that if you lose the case in court, you may have to pay the other side's legal costs which could be high. If you are thinking about taking court action, you should get advice from an experienced adviser.
Bail - Before you apply
You can apply for immigration bail if the Home Office is holding you on immigration matters. This means you may be released from detention, but you will have to obey certain conditions. You can apply whether you’re held in either an immigration removal centre, a detention centre or a prison, however you must have been held on matters that breach UK immigration laws.
You are more likely to get bail if you have a place to stay. Your application is also more likely to be successful if you have at least one ‘Financial Condition Supporter’. This is a person who can pay money if you don’t follow the conditions of your bail and can attend your bail hearing. Your application for bail may be unsuccessful if you have broken bail conditions in the past and/or have a criminal record, and if there is a risk that you may reoffend.
If you have been refused bail in the last 28 days, you will not have another hearing unless your situation has significantly changed. If you feel that your situation has changed then this should be clearly explained in your application. If your application has been refused, you will get a written statement telling you the reason for your refusal. You might not be released even if you have been granted bail. If your removal date is in the 14 days after you get bail, the Home Office will have to agree to your release.
Applying for Bail
There are 2 main ways you can apply for bail depending on your situation. You can either apply to the Home Secretary any time after you have arrived in the UK or the First-tier Tribunal (Immigration and Asylum Chamber) but only if you arrived in the UK more than 8 days ago. Your application for bail will be decided by an independent judge at a hearing.
The Home Office will automatically refer you to the First-tier Tribunal for a bail hearing if you have been in detention for 4 months or more, you are not being detained in the interests of national security, there is no action being taken to deport you from the UK and that you have not applied for bail to the First-tier Tribunal in the last 4 months.
The Home Office will apply on your behalf every 4 months unless you apply for bail yourself.
Conditions of your Bail
If you have successfully been granted bail, you will have to obey at least one of the following conditions: You might have to report regularly to an immigration official, attend an appointment or hearing, be restricted on where you can live, have an electronic monitoring tag, have restrictions on the work or studies you can do or obey any other condition decided by the person granting your bail.
If you do not follow the terms of your bail you might have your bail conditions changed so that there are tighter restrictions, be charged with a crime, have to pay the money agreed at the hearing - or your Financial Condition Supporter might have to pay or be returned to detention.
Here at CLS we provide legal advice and representation to migrants detained in removal centres and prisons to help them apply for bail.
Appeals
If your application has been refused by the Home Office, you can appeal to the First-tier Tribunal (Immigration and Asylum Chamber), the tribunal is independent from the government. A judge will listen to both sides of the argument before a decision is granted. If you do not have the right to appeal, you may be able to ask the Home Office for an administrative review.
You can appeal the decision if you are outside the UK or within the UK. You can get help and advice from a solicitor or immigration advisor.
Judicial Review
When you want to take court action about a decision by a public authority, you will usually make an application for judicial review. Judicial review is a special procedure you can use to challenge decisions made by public authorities. Judicial review can only be used where there are no better ways of challenging a decision. For example, if you do not have a separate right of appeal against the decision.
Complex Immigration Issues
This will include any other immigration matters which are not listed in the other sections. This can include various human rights and outside of the rules applications. You can get help and advice from us here at CLS depending on the complexity of the matter.
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