Immigration Matters

We understand that when dealing with immigration matters, this can be daunting especially in cases where loved ones are involved. The Home Office are constantly updating their rules and policies which mean that it is a minefield to navigate the ever-changing rules especially when considering the impact that a refusal of an application could have.

UK Immigration Lawyers

At Vestra Lawyers, we are able to deal with all aspects of immigration matters for either individuals or businesses. We can assist you with advice, preparing and submitting representations or applications irrespective of whether the individual or business is in the UK or outside the UK. We further can assist with challenging decisions by way of appeal, Administrative Review or Judicial Review.

Vestra Lawyers cover many areas in immigration and can help you either as an individual or as a business. We can assist you with the following:

 

Family and Other Categories

Adoptions Cases

You may be eligible to settle in the UK if you are adopted and at least one of your adopted parents is settled. In addition to meeting the requirements as a child dependant, you would be required to meet additional requirements.

You would need to be adopted in accordance with a decision taken by the competent administrative authority or court in your country of origin or the country in which you are resident, being a country whose adoption orders are recognised by the United Kingdom or you are subject of a de facto adoption.

De facto adoption shall be regarded as having taken place if the adoptive parent(s) and the child have been living abroad together for a minimum period of 18 months, of which the 12 months immediately preceding the application for entry clearance and they have assumed the role of the child’s parents, since the beginning of the 18 month period, so that there has been a genuine transfer of parental responsibility. The adoption should not be one of convenience arranged to facilitate your admission to or remaining in the United Kingdom.

Vestra Lawyers have experience in dealing with these cases and understand the emotional aspect of trying to bring over a child that desperately needs the love and attention that often can only be provided by the adoptive parents. To discuss your matter, contact us today by calling 0121 728 5999 / 0203 929 5999 to speak to a specialist or alternatively you can email us at info@vestralawyers.com.

Adult Dependant Relative

This category is applicable to certain family members of British and settled sponsors who wish to join their UK sponsor as their dependant. The applicant would need to demonstrate that they require personal care and assistance to do day-to-day tasks as a result of age, illness, disability. They would also need to demonstrate that the level of care they require is not available in their home country or that it is not affordable.

These cases are often complicated and there is a high burden of evidence that should be submitted to the Home Office in support of the case. Vestra Lawyers have experience in dealing with these cases and understand the emotional aspect of trying to bring over a loved one that desperately needs the love and attention that often can only be provided by family members who are settled in the UK.

To discuss your matter, contact us today by calling 0121 728 5999 / 0203 929 5999 to speak to a specialist or alternatively you can email us at info@vestralawyers.com.

Child Dependant

You may be eligible to settle in the UK if at least one of your parents is settled in the UK. You must be under 18 and dependent on your parent(s). One of your parents must also be applying or have applied for a visa or to extend their permission to stay as a partner and the partner they are joining is your other parent or the parent has sole parental responsibility for you.

Otherwise, you might still be eligible to apply if there are serious reasons to let you come to, or stay in the UK and there are plans for your care.

If you are over 18 your parent can include you in their application as a dependant, or you can apply separately yourself. You can only apply if you had permission to stay in the UK (‘leave to remain’) on a family visa when you were under 18 you do not live an independent life.

Vestra Lawyers are aware how it can adversely impact a family if they are separated especially where it is concerning children. We have a wealth of experience in dealing with these types of matters and to discuss your matter, contact us today by calling 0121 728 5999 / 0203 929 5999 to speak to a specialist or alternatively you can email us at info@vestralawyers.com.

Civil Partnership

If you have found your perfect partner who is not settled in the UK, you may become aware of the vast Immigration Rules pertaining to partner visas and the difficulty in some cases of the processes involved.

If you have entered into a civil partnership, you can consider applying for a civil partnership visa. This if granted would allow your partner permission to reside and work in the UK. The initial visa is valid for two and a half years which would need to be subsequently extended for a further two and a half years. Your partner could after five years apply for indefinite leave to remain in the UK.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Domestic Violence (not legally aided)

You may be eligible for indefinite leave to remain as a victim of domestic violence if you were granted limited leave as a partner (other than a fiancé(e) or proposed civil partner) of a British citizen or a person settled in the UK and that during the last period of limited leave as a partner of a British Citizen or a person settled in the UK, your relationship with your partner broke down permanently as a result of domestic violence.

We can appreciate it may be a difficult and traumatic period in your life however it is vitally important you take steps to regularise your stay. At Vestra Lawyers we have specialist solicitors who can assist you. To discuss your matter, contact us today by calling 0121 728 5999 / 0203 929 5999 to speak to a specialist or alternatively you can email us at info@vestralawyers.com.

Discretionary Leave to Remain

Discretionary Leave is granted outside the Immigration Rules in accordance with Home Office policy. The Immigration Rules are designed to cover the vast majority of circumstances in which migrants will be granted leave because they are entitled to remain in the UK. However, there are a small number of Home Office policies that recognise there may be individuals who do not meet the requirements of the Immigration Rules, but there are nonetheless exceptional and/or compassionate reasons for allowing them to remain here.

Vestra Lawyers have experience in dealing with these cases. To discuss your matter, contact us today by calling 0121 728 5999 / 0203 929 5999 to speak to a specialist or alternatively you can email us at info@vestralawyers.com.

Fiancé/Fiancée Visas/Proposed Civil Partner and Spouse Visas

If you have found your perfect partner and they are residing abroad or currently in the UK with limited permission to remain, you may become aware of the vast Immigration Rules pertaining to partner visas and the difficulty in some cases of the processes involved. At Vestra Lawyers, we have experience and knowledge in assisting you and your partner with the visa application so that you can enjoy your life together.

Should you plan to marry in the UK, you would need to consider applying for a fiancé/fiancée/proposed civil partner visa subject to meeting certain requirements such as demonstrating that you meet the financial requirement of earning £18,600.00 per annum. There are also other ways in which this financial requirement can be met which can be discussed with you by one of our specialists.

As a fiancé/fiancée/proposed civil partner, the applicant would be initially granted 6 months to enter the UK. You would then need to marry within the UK and apply for a spouse visa before the visa expires.

If you are married and wish to reside in the UK permanently with your spouse, you can consider applying for a spouse visa. This if granted would allow your spouse to reside and work in the UK. The initial visa is valid for two and a half years which would need to be subsequently extended for a further two and a half years. The applicant could after five years apply for indefinite leave to remain in the UK.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Further Leave to Remain

After the initial bout of entry clearance/leave to enter has expired depending on the type of leave you have held you may become eligible to apply for further leave to remain in the UK. It is important to note any further leave to remain applications should be submitted prior to you existing leave expiring. Even if your leave to remain has expired or if you never had any leave to remain in the first place, please contact us to see how we could assist by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Human Rights

If you do not meet the requirements to be granted asylum or leave to remain in the UK, you may still be allowed to stay in the UK if you need to stay here to protect your human rights under the European Convention on Human Rights.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Long Residence

After completing 10 years’ lawful continuous residence in the UK, you may be eligible for indefinite leave also referred to as ‘settlement’ in the UK.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com

Unmarried Partner

If you have been cohabiting together for two years, you could consider applying for an unmarried partner visa subject to meeting certain requirements such as demonstrating that you meet the financial requirement of earning £18,600.00 per annum. There are also other ways in which this financial requirement can be met which can be discussed with you by one of our specialists.

If granted, this would allow your partner permission to reside and work in the UK. The initial visa is valid for two and a half years which would need to be subsequently extended for a further two and a half years. Your partner could after five years apply for indefinite leave to remain in the UK.

At Vestra Lawyers, we have experience and knowledge in assisting you and your partner with the visa application so that you can enjoy your life together. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Business/Work/Study Visas

Civil Penalties

As a commercially-minded law firm we are dedicated to finding solutions to our corporate clients as well as our personal ones.

Often, clients come to us in a state of panic as their premises have been raided by Immigration Enforcement Officers. This can be an extremely unnerving experience particularly for relatively small to medium sized business owners whose livelihood is then on the line with the potential threat of several thousands of pounds in a fine.

The allegations normally centre on business owners supposedly employing someone who does not have permission to work although typically either the business owner never employed the individual or employed them in entirely good faith believing them to legitimately have permission to work in the UK.

It may be the case that it has transpired that the individual in question either had a visa for the UK which has been revoked or they had a counterfeit or forged visa and in either case the business owner had taken whatever steps would be expected of him or her in checking the individual’s documents and keeping records of the same.

As mentioned, sometimes, the business owner never even knew the individual and somehow they have been caught up in a misunderstanding with Immigration Enforcement incorrectly assuming a member of the public to be a member of staff at the premises.

Whatever the scenario, we at Vestra Lawyers are experts in defending businesses and saving them thousands of pounds in Home Office fines which comes as a massive relief given the Home Office currently are taking approximately £30 million (correct figure at the time of writing) in revenue per annum from such fines and the average small business owner may be breaking even. If the civil penalty is upheld this could have not just financial implications but deeper adverse effects on that business owner’s future ability to operate and can affect a business’s sponsor licence if the business has one.

If you are facing the prospect of having to pay a civil penalty, contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Domestic Worker

You can apply for a visa to visit the UK with your employer. You would need to demonstrate that you plan to travel to the UK with your employer, their partner or children and intend to work as a full-time domestic worker in a UK household your employer will live in.

You must prove that you are 18 or older and have worked for your employer for at least 1 year. You would also need to prove that you have worked in the same household as your employer or one they use regularly. You must plan to leave the UK at the end of 6 months or at the same time as your employer, whichever is sooner. You would also need to demonstrate that you are able to support yourself in the UK without the need for public funds.

Your employer must be either a British or European Economic Area (EEA) national who usually lives outside the UK and who does not intend to remain in the UK for more than six months or a foreign national who is coming to the UK on a visit and who does not intend to remain for more than 6 months.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Points Based System (PBS) Dependant

You may be able to enter the UK as a family member of a Points Based System migrant (main applicant) depending on the type of visa held by the main applicant. Depending on whether certain requirements have been met, you may be eligible to apply for indefinite leave to remain (ILR) in the UK.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Sponsor Licence Applications

You might need a sponsor licence to employ someone from outside the European Economic Area (EEA) and Switzerland to work for you in the UK.

Tier 2

Tier 2 is for skilled workers who you want to employ long-term or permanently. It is split into General, Intra-Company Transfer, Minister of Religion and Sportsperson categories.

Tier 5

Tier 5 is for skilled workers you want to employ on a temporary basis. This is split into Creative and Sporting, Charity Worker, Religious Worker, Government Authorised Exchange and International Agreement.

You would need to appoint people within your business to manage the sponsorship process when you apply for a licence. If the sponsor licence is granted you would be required to use the sponsorship management system (SMS).

The roles are:

  • Authorising Officer – a senior and competent person responsible for the actions of staff and representatives who use the SMS;
  • Key Contact – your main point of contact with UK Visas and Immigration (UKVI);
  • Level 1 user – responsible for all day-to-day management of your licence using the SMS; and
  • Level 2 user– once you have your licence. This is an optional SMS user with more restricted access than a level 1 user.

These roles can be filled by the same person or different people.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Tier 1 Investor Visa Applications

The Tier 1 visa is for individuals who wish to pursue business or invest in the UK or for exceptionally talented individuals. Tier 1 Migrants do not need to be sponsored and make this application in their own right.

Tier 1 (Entrepreneur)

You can apply as a Tier 1 (Entrepreneur) if you want to set up or run a business in the UK. You would have to have either £50,000 or to £200,000 of investment funds. There are different eligibility requirements depending on whether you have access to £50,000 or to £200,000. You also have to demonstrate you have an adequate standard of English and that you are able to maintain yourself during your stay.

Tier 1 (Graduate Entrepreneur)

You can apply for a Tier 1 (Graduate Entrepreneur) visa if you are a graduate who has been officially endorsed by the Department for International Trade (DIT) or a UK higher education institution (HEI) as having a genuine and credible business idea.

You would be required to hold a UK-recognised bachelor’s degree, master’s degree or PhD awarded before your date of endorsement. You also have to demonstrate you have an adequate standard of English and that you are able to maintain yourself during your stay.

Tier 1 (Investor)

You can apply as a Tier 1 (Investor) if you want to invest £2,000,000 or more in the UK. You would have to invest those funds in UK government bonds, share capital or loan capital in active UK companies.

Tier 1 (Exceptional Talent)

You can apply for a Tier 1 (Exceptional Talent) visa if you are exceptional talent or have exceptional promise and you have been endorsed in your field in science, humanities, engineering, medicine, digital technology or the arts.

Three are two stages to this to process, you first need to apply to the Home Office for endorsement. After you have received your endorsement, you can apply for the visa.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors.

Tier 2 General, Tier 2 Intra-company Transfer and Tier 2 Religious Workers

The Tier 2 route is for skilled workers coming to the UK to take up employment. The skilled workers would have to be sponsored by their employers in order for them to pursue this route.

Tier 2 (General)

You can apply for a Tier 2 (General) visa if you have been offered a skilled job in the UK and your employer sponsors you for the role by providing you with a certificate of sponsor (CoS). You would have to be paid an appropriate salary for your job. You would also have to demonstrate you have an adequate standard of English and that you are able to maintain yourself during your stay.

Tier 2 (Intra-company Transfer)

You can apply for a Tier 2 (Intra-company Transfer) visa if your overseas employer has offered you a role in a UK branch of the organisation. Your employer is required to sponsor you for the role by providing you with a certificate of sponsor (CoS). You would have to be paid an appropriate salary for your job. You would also have to demonstrate you are able to maintain yourself during your stay.

Tier 2 (Minister of Religion)

If you wish to apply under this route, you can do so if you have been offered a job as a minister of religion, missionary, or member of a religious order in the UK. Your employer is required to sponsor you for the role by providing you with a certificate of sponsor (CoS). You would have to be paid an appropriate salary for your job. You would also have to demonstrate you are able to maintain yourself during your stay.

Tier 2 (Sportsperson)

You can apply as a Tier 2 (Sportsperson) if you are an international elite sportsperson or qualified coach, who’s recognised by your sport’s governing body as being at the highest level of your profession. Your application has to be endorsed by your governing body. Your employer is required to sponsor you for the role by providing you with a certificate of sponsor (CoS). You would also need to demonstrate that your employment is required to develop your sport in the UK at the highest level. You would have to be paid an appropriate salary for your job. You would also have to demonstrate you are able to maintain yourself during your stay.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Tier 4 General Student

The Tier 4 route is for students who wish to travel to the UK to study. Students would have to be sponsored by the institution in order for them to pursue this route.

Tier 4 (Child) Student

You can apply for the Tier 4 (Child) student visa if you are aged between 4 and 17 and you want to study at an independent school in the UK. You are required to have an unconditional offer of a place on a course with a licensed Tier 4 sponsor and enough money to support yourself and pay for your course.

Tier 4 (General) Student

You can apply for a Tier 4 (General) student visa to study in the UK if you are 16 or over and you have been offered a place on a course with a licensed Tier 4 sponsor. You are required to have the ability to speak, read, write and understand English. Additionally, you are required to have enough money to support yourself and pay for your course.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Tier 5 Temporary Worker and Tier 5 Youth Mobility

The Tier 5 route is for temporary workers coming to the UK to take up employment. In certain circumstances the temporary workers have to be sponsored by their employers in order for them to pursue this route.

Tier 5 (Temporary Worker – Charity Worker)

You can apply for a Tier 5 (Temporary Worker – Charity Worker) visa if you want to do unpaid voluntary work for a charity. The charity is required to sponsor you for the role by providing you with a certificate of sponsor (CoS). You also have to demonstrate you are able to maintain yourself during your stay.

Tier 5 (Temporary Worker – Creative and sporting)

You can apply for a Tier 5 (Temporary Worker – Creative and sporting) visa if you have been offered work in the UK as a sports person or creative worker. Your employer is required to sponsor you for the role by providing you with a certificate of sponsor (CoS). In certain circumstances you have to be paid an appropriate salary and you also have to demonstrate you are able to maintain yourself during your stay.

Tier 5 (Temporary Worker – Government Authorised Exchange)

You can apply for a Tier 5 Temporary Worker – Government Authorised Exchange visa if you want to come to the UK for a short time for work experience or to do training, an Overseas Government Language Programme, research or a fellowship through an approved government authorised exchange scheme. The organisation is required to sponsor you for the role by providing you with a certificate of sponsor (CoS). You also have to demonstrate you are able to maintain yourself during your stay.

Tier 5 (Temporary Worker – International Agreement)

You can apply for a Tier 5 (Temporary Worker – International Agreement) visa if you are contracted to do work covered by international law while in the UK such as for a foreign government. Your employer is required to sponsor you for the role by providing you with a certificate of sponsor (CoS). You also have to demonstrate you are able to maintain yourself during your stay.

Tier 5 (Temporary Worker – Religious Worker)

You can apply for a Tier 5 (Temporary Worker – Religious Worker) visa if you want to do religious work, such as preaching or working in a religious order. The religious institution is required to sponsor you for the role by providing you with a certificate of sponsor (CoS). You would also have to demonstrate you are able to maintain yourself during your stay.

Tier 5 (Youth Mobility Scheme)

You can apply for a Tier 5 (Youth Mobility Scheme) visa if you want to live and work in the UK for up to 2 years.

You can apply under this category if you have certain types of British nationality namely:

  • British overseas citizen;
  • British overseas territories citizen; and
  • British national (overseas).

Or you are from a certain country namely:

  • Australia;
  • Canada;
  • Japan;
  • Monaco;
  • New Zealand;
  • Hong Kong;
  • Republic of Korea; and
  • Taiwan.

You have to be aged between 18 to 30 years old. You cannot apply if you have any children who live with you or you are financially responsible for. You have to have £1,890.00 in savings.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

UK Ancestry

You can apply for a UK Ancestry visa if you are a Commonwealth citizen and you are able and planning to work in the UK. You have to be 17 years old or over and are able to prove that one of your grandparents was born in the UK. You would also have to demonstrate you are able to maintain and accommodate yourself in the UK without recourse from public funds.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Deportation/Removal

Bail

If you are detained as a result of your immigration status or lack thereof, at Vestra Lawyers, we have experience and knowledge in assisting you with obtaining bail if you meet the requirements. We understand that during this time, you would wish to be reunited with close friends and family. We can arrange to see and assist those who are detained in the Immigration Removal Centres (IRC) or in Prisons across the United Kingdom.

Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Deportation/Detentions cases

If you are detained or facing the prospect of being deported, we understand the stress and anxiety that this can have not only on you but also family members if you have family in the UK.

Often it is the case that the Home Office will try to remove you from the UK if you have no valid basis to remain in the UK. At Vestra Lawyers, we are aware that during this time, the action taken by the Home Office can be fast-paced and therefore we would need to correspond with the Home Office as soon as possible.

If you are facing such a scenario, please contact us urgently so that we can discuss the matter further. Once instructed, we would treat your case as priority given the often time pressures involved in these types of cases. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Visit Visas

Short-term Study Visas

You can come to the UK on a short-term of study without the need for going through the points-based system. Whilst in the UK you can study a short course including English language or training. You could also undertake a course or a period of research as part of a degree course being studied outside the UK. A short-term study visa will normally be valid for six months. If your course is English language only then it may be valid for 11 months.

Call us now on 0121 728 5999 / 0203 929 5999 or email info@vestralawyers.com to see how best we can help.

Visit Visas and Permitted Paid Engagements

Unless you either are a “non-visa national” or have diplomatic status, you will normally require a visit visa to enter the UK on a visit.

Those wishing to visit the UK typically tend to do so for a variety of reasons such as seeing friends and family relations, attending specific events including as participators and undertaking certain business activities. Visit visa applications unfortunately attract a relatively high refusal rate.

Sometimes a visa national may wish to visit the UK to engage in more than the minimal business activities that a visit visa can allow and so they can consider instructing us to prepare on their behalf an application under the permitted paid engagements provisions.

This typically can be used by models coming to the UK on a photo-shoot or cinematographers shooting a commercial or even a film.

We at Vestra Lawyers are experienced in helping people from around the world obtain visit visas for the UK including to see friends and family relations, partake in sporting events and music festivals and to engage in business activities.

A refusal under these provisions can be a stressful experience especially where a tight commercial/contractual deadline is involved and if so where a mistake has been made by the Entry Clearance Officer, we can have this challenged in a short timescale.

Sometimes, the Entry Clearance Officer (ECO) will make a mistake in his or her assessment of a visit visa application and refuse it. We at Vestra Lawyers are equally adept at challenging visit visa refusals even where the notice at the bottom of the refusal letter itself specifies, “There is no right of appeal or administrative review”.

When a visit visa application is refused and it had been properly and thoroughly prepared by ourselves we have a good chance of success at overturning the same by way of a challenge lodged with the Entry Clearance Manager. This comes as an enormous relief to the applicant who otherwise may be faced with being refused indefinitely by an unfair or incompetent Entry Clearance Officer.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Appeals and Challenging Decisions

Administrative Review

The Home Office for certain types of applications no longer provides a right to appeal but instead provides a right to Administrative Review. This in turn means that a decision to refuse an application would be reviewed again by the Home Office to confirm whether the original decision to refuse was correct.

The time limit for an Administrative Review can vary depending on whether the application was submitted within the UK or outside the UK. For applications submitted within the UK, the time limit is 14 days whereas for applications outside the UK, it is usually 28 days.

If you have been refused an application and you have a right to Administrative Review, do not delay in contacting our specialist solicitors who could assist you with this. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Appeals

When some applications are submitted to the Home Office and they are unfortunately refused, they may attract a right to appeal usually based on Human Rights from within the UK or outside the UK.

For applications submitted within the UK, the time limit to lodge an appeal is 14 days whereas for applications outside the UK, it is usually 28 days.

We understand that having a refusal of an application especially where family members are concerned can be an anxious and difficult time. At Vestra Lawyers, we have experience in thoroughly preparing appeals and advising you about what evidence you may require to ensure that you have the highest possible chance of success in winning the appeal. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Judicial Review Applications and Pre-action Protocol Letters

If you have submitted representations or an application and it has been refused with no right to appeal then you may wish to consider submitting a judicial review application if you feel that the Home Office have made an error of law or acted outside its powers.

A judicial review should be lodged with the court within 3 months of receiving the decision. The first step would be to submit a pre-action protocol letter to the relevant body (in an Immigration matter, it is usually against the Home Office). If there is no response or a negative reply is received, you would then consider lodging an application for judicial review with the court to see whether they will grant you permission to take the matter further.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

European Economic Area [EEA] Applications

Family Permits, EEA Registration and Residence Card Applications

Whilst the UK remains a member of the European Union and there is freedom of movement of goods, services, labour and people, family members may join their European family in the UK even where they are not themselves European nationals.

The European national should normally be in the UK “exercising Treaty rights” on the basis of short-term job-seeking or else employment, self-employment, studying or self-sufficient sources of income/savings and be covered with private comprehensive medical insurance for all the family.

The Home Office under family permit and resident card provisions as with other European provisions such as registration may be getting harsher in his or her assessment of these applications and similarly may be prone to making more mistakes.

We are confident of our abilities in taking such cases to appeal (if granted the right to appeal) and have the refusal overturned at a tribunal (court) hearing. Although this may take some time depending on the tribunal’s own timetable the outcome is all-important to our clients and their families.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Derivative Rights

You are eligible for a derivative residence card if you are living in the UK and you are one of the following:

  • the primary carer of someone who has the right to live in the UK;
  • the primary carer’s child; or
  • the child of a former worker from the European Economic Area (EEA) and you are at school, college or university in the UK.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Settlement/British Applications

British Citizenship, British Registration and Right of Abode

If you have a right of abode it means you are allowed to live or work in the UK without any immigration restrictions. All British citizens automatically have right of abode in the UK. Some Commonwealth citizens may also have right of abode.

You can prove you have right of abode if you have a British passport describing you as a British citizen or British subject with right of abode. Otherwise you need to apply for a certificate of entitlement.

There are 6 different types of British nationality. These are:

  • British citizenship;
  • British overseas territories citizen;
  • British overseas citizen;
  • British subject;
  • British national (overseas); and
  • British protected person.

You may automatically be a British citizen, depending on:

  • where you were born;
  • when you were born; and
  • your parents’ circumstances.

 If you are not a British citizen you could become a British citizen by way of naturalisation or registration.

You can apply for British citizenship by naturalisation if you are 18 years or over. You are required to have indefinite leave to remain and in certain circumstances held it for 12 months. You are also required to reside in the UK for a certain duration, again this is depending on your circumstances. You also have to meet the knowledge of English and life in the UK requirements and be of good character.

You may be eligible to register as a British citizen if you:

  • you have another form of British nationality;
  • you were born before 1stJanuary 1983 to a British mother;
  • you were born to a British father, even if he was not married to your mother
  • you were born in the UK on or after 1st January 1983;
  • you’re under 18 and don’t fit into the other categories;
  • you have a connection with Gibraltar or Hong Kong; and
  • you are stateless.

As well as belonging to one of these groups there are other eligibility rules for each category. At Vestra Lawyers, we can assist you with applications to become British. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Indefinite leave to remain Applications

After a period of time in the UK depending on the visas you have held you may become eligible for indefinite leave to remain or “settlement” permitting you freedom from immigration control.

Thereafter, you can also become eligible for British citizenship. This frequently renders the holder a degree of relief knowing they may plan their futures without the burden of worrying so much about immigration control.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Returning Residence

You would need a Returning Resident visa to come back to live in the UK if you previously had indefinite leave to enter or remain (‘settled status’) and you have either lost your documentation or been away for more than 2 years. If you meet certain requirements you may be able to regain your indefinite leave to remain in the UK.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Asylum/Humanitarian Protection (on a private basis only)

Asylum (not legally aided):

You must apply for asylum if you want to stay in the UK as a refugee. To stay in the UK as a refugee you must be unable to live safely in any part of your own country because you fear persecution there. If you are stateless, your own country is the country you usually live in.

This persecution must be because of:

  • your race;
  • your religion;
  • your nationality;
  • your political opinion; and
  • anything else that puts you at risk because of the social, cultural, religious or political situation in your country, for example, your gender, gender identity or sexual orientation.

You must have failed to get protection from authorities in your own country.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 alternatively you can email us at info@vestralawyers.com.

Humanitarian Protection (not legally aided)

Humanitarian Protection is where leave is provided to an individual who is not found to be a refugee under the Refugee Convention but they are nevertheless at risk of serious harm on return to their country of origin i.e. the person faces a death penalty, unlawful killing, torture or inhumane or degrading treatment. It can only be granted if the individual does not fall to be recognised as a refugee but requires protection nonetheless.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Family Reunion (not legally aided)

Families can become fragmented because of the nature of conflict and persecution and the speed and manner in which those seeking asylum are often forced to flee their country of origin.

Those currently recognised as refugees or granted humanitarian protection in the UK can sponsor pre-flight, immediate family members to join them here. Immediate family members are defined in the Immigration Rules as a spouse or partner and children under the age of 18, who formed part of the family unit before their refugee sponsor fled their country of origin or former habitual residence to claim asylum in the UK.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Additional Services

Landlord Penalty Cases

Landlords in the UK are coming under increasing pressure due to new penalties in place for illegal renting. It is possible now for a landlord to be imprisoned for five years or receive an unlimited fine for renting property to someone whom he or she knew or had “reasonable cause to believe” does not have permission to rent in the UK.

This means that landlords could be in trouble for renting to someone where he or she had any cause to believe that their tenant did not have current leave to remain in the UK. This can include where the tenant’s leave has since expired or else their visa or passport is a false document. A landlord can also be fined for renting to a tenant without being able to show they have checked their tenant’s leave.

It is possible for a landlord to receive a referral notice from the Home Office when they are being investigated which could lead to a fine or civil penalty. Landlords can come to us at Vestra Lawyers with their “information request” received by them from the Home Office which we can address by responding on our clients’ behalf and representing in their civil penalty matter.

The Home Office may continue to stand by the civil penalty after the information request has been responded to and for which we may object explaining why our client is not liable for paying the civil penalty or else why they have a statutory defence (e.g. they did make the correct checks in to their tenants’ leave to remain in the UK or other permission to rent in the UK).

Were the Home Office to still uphold a civil penalty thereafter we may appeal on our clients’ behalf, taking the matter to the County Court and therefore in the hands of the Judge. We at Vestra Lawyers will continue liaising with the Home Office and may negotiate to have the civil penalty dropped without proceeding to a full hearing at the court.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Same Day Service (for certain types of cases)

You may be able to in some cases submit your application by way of same day service at a premium service centre. You would be required to attend a premium service centre and a caseworker will consider your application on the same day. You must be applying from within the UK to extend your visa or settle in the UK. Most applications are processed on the same day however it might take longer to get a decision if extra checks are needed.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Super Premium Service (for certain types of cases)

The super premium service is a mobile service provided by the Home Office for certain types of applications. This service means that the Home Office would arrange to meet you at a location of your choice (subject to certain conditions) to allow you to submit your application and to take your biometrics. You can usually expect to receive a decision on your application within 24 hours.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Travel Document

Travel documents are issued by the Home Office to persons who have not yet acquired British citizenship but have the need to travel in and out of the UK, have permission to be here and cannot obtain a passport of their country of nationality (or are Stateless) due to their circumstances.

The permission you will need to be in the UK is: as a refugee or Stateless person; humanitarian protection; discretionary limited leave to remain after failed asylum application or indefinite leave to remain.

Normally you will be required to demonstrate that either you have approached your country’s issuing authority in the UK for a passport document and have been unable to get one or else that you are here as a refugee or Stateless person and are therefore unable to approach any diplomatic missions.

At Vestra Lawyers, we have the knowledge and expertise to help you with these types of applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

Vestra Lawyers can assist with all types of immigration cases and have experience in dealing with applications for entry clearance to more complicated cases including appeals and Judicial Review applications. Contact us today to speak to our specialist solicitors by calling 0121 728 5999 / 0203 929 5999 or alternatively you can email us at info@vestralawyers.com.

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