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Frequently asked questions

Why choose ICS Legal?

We specialise in Immigration Law, Human Rights Law, British Nationality Law & European Law. Our lawyers provide honest, exceptional service to our clients. We believe that our service starts when we submit your application and we want our client to know we will keep them informed, answer there questions and your case worker will be just a phone call away.

What is the benefit of using our legal services when you want to come to the UK or extend or switch?

Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.

There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.

Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.

Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.

The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.

How can I trust your service?

We are regulated by the Office of the Immigration Services Commissioner (OISC). OISC is the government regulated body and it is a criminal offence if someone is providing Immigration advice without being regulated by the OISC. We are also members of Joint Council for the Welfare of Immigrants (JCWI). JCWI is an independent national voluntary organisation, campaigning for justice and combating racism in immigration and asylum law and policy.

What happens in the initial consultation?

Your case worker would take some background information regarding yourself. Relevant questions would be asked to ascertain whether your case can be handled by our team. You will also be able to ask questions, understand what is required to meet the Immigration Rules, Nationality Law and EU Law where relevant. Should we be able to provide assistance, your case worker will give you a customer care letter whereby it would outline the service agreement and the cost associated.

What happens after the consultation?

After each consultation we aim to provide a consultation report which would outline what was discussed, the action plan and what to do next.

When I meet the caseworker and I disclose personal information, would this be disclosed to anyone else?

We have a procedure in place for ensuring client confidentiality. We keep the affairs of our clients and all information relating to our clients confidential, except where we are compelled to disclose information by reason of a legal or regulatory obligation.

What is a customer care letter?

A customer care letter from us will ensure that we outline the service we would be providing, it would also provide a break down of the costs associated so you can rest assure that there are no hidden charges and that fees do not go up unless changes are made (i.e. Home Office fees etc).

Once I sign the customer care letter and my case would possibly fail, do I still have to pay your fees?

We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.

 

Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.

Do you provide one day Premium Services?

Yes, we have a special provision with the Home Office and majority case decisions are made on the same day.

Do you do “No Win No Fee”?

As a private legal firm, we want to ensure we can provide the service you want. Our fees are very competitive and that is why we do not provide a No Win No Fee service as we do not feel the need to over charge our clients with such schemes.

How is the fees paid and are there any surprises?

With us, you will know exactly what we would be charging. The fees are to be paid through cheque, cash or bank transfer. Home Office fees can be paid to us and we can make the payment on behalf of you. If there is any changes in Home Office fees, we will let you know immediately.

How often would I get updated once my case have been submitted?

Our commitment to our clients is that we will update you every time we get an update from the Home Office. The waiting period can be a very daunting time as decisions can be life changing however the Home Office do set some guidelines on waiting times, but we intend to keep you updated throughout the process.

Can you guarantee an application?

No, and this is the same even if you use a no win no fee service, it would be impossible for anyone to guarantee a successful application. The likelihood of an application being successful can be given based on previous cases or success rates, however we do not operate such a policy of selling our services based on previous applications.

What is your aftercare service?

We aim to ensure that this service is not used by any of our clients, but there are times where even with the best possible applications are unsuccessful. As we take our clients cases personally, we would like to provide a helping hand. We have designed an aftercare service whereby if your case fails, then your case worker would be able to help you look at other formalities of staying in the UK should you have valid leave still remaining or help you make an out country application. Please note should you require appealing on your matter, we can only deal with the initial appeal and your application will be straight away referred to an advisor who deals with representations.

Can I give you feedback on your service?

It is vital that all our clients can provide honest feedback, we would encourage this and this helps us to become better on our service delivery.

Can you help me find a UK Employer to sponsor a work permit or find me work?

No, we are a law firm which provides support in UK Immigration, Nationality and EU Free Movement Rights. However we have a subsidiary company which is jobslibrary.co.uk whereby you can look for work, apply and discuss with potential employers. We cannot influence any decisions and finding work is not something our team deals with.

How we deliver service

1) You contact us through e-mail or phone.

2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.

3) Your case then gets passed to a case worker.

4) Case Worker would contact you to set up an initial meeting.

5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.

6) You authorise us to be your legal representative by signing our customer care letter.

7) We will then start to request documents and information about your case this will build up your case pack.

8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.

9) Where possible we will go through every aspect of your case before case submission.

10) We will continue to update you throughout the case life cycle .

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ILR Absences | Breaks of Residency in the UK

In all immigration categories, it allows migrants to spend time outside of the UK, however you will need to be careful on how long you spend outside of the UK. You may also benefit from certain legal provisions, such as holding leave to remain prior to the changes on 24th November 2016. 

Period between the issue of entry clearance and entering the UK

The period between entry clearance being issued and your entry to the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. 

This period will count towards the 180 days allowable absence in the relevant 12 month period. You do not need to provide evidence to demonstrate the reason for the delayed entry to the UK. 

Entry to the United Kingdom through Ireland

If you have entered the UK through Ireland, and therefore have not passed through immigration control, then it would be difficult to prove your date of entry to the UK. The Home Office may consider alternative evidences to support the application. 

General guide to the absences

The general policy as set out by the immigration rules, allows you to have absences of no more than 180 days on each qualifying periods. The periods of residency would depend on the immigration category you have chosen to apply under.  

You must only include whole days in this calculation. Part day absences, for example, less than 24 hours, are not counted. Therefore if the applicant had a single absence during the 12 month period and arrived in the UK on day 181, the period would not exceed 180 days.

The Home Office understands that you will have absences of pleasure and work, however when this comes to employment, you need to provide certain evidences and explanations. You may also need to explain why you are spending considerable amount of time outside of the UK if this is not consistent to your employment contract. 

You need to understand that when you apply for this, your intention is to settle in the UK and not be using this route to avoid applying for a UK visa. It also checks whether you have the correct intention. 

Absences linked to reason for being in the UK – evidential requirements

For all other categories, absences must be consistent with, or connected to your sponsored or permitted employment or the permitted economic activity being carried out in the UK-for example, business trips or short secondments. 

This also includes any paid annual leave which must be assessed on a case by case basis and should be in line with UK annual leave entitlement for settled workers. For example, the statutory leave entitlement is 5.6 weeks’ paid holiday each year, which for workers who work a 5 day week is 28 days’ paid leave. However, many employers provide 25 or 30 days’ paid leave a year, plus bank holidays. 

Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.

Absences for serious or compelling reasons –evidential requirements

Serious or compelling reasons will vary but can include serious illness of the applicant or a close relative, or a conflict, or a natural disaster, for example, volcanic eruption or tsunami. You will need to provide evidences to support these absences. 

this application refusal

Where your application for this is refused, you will usually have a right to appeal against the decision. Your appeal rights would be limited under human rights grounds. The Immigration Act 2014 sets out the following grounds that an appeal can be bought forward:

  1. Human rights or protection claim – those appeal rights are set out on Part 5 of the Nationality, Immigration & Asylum Act 2002.

  2. Refusal to issue a residency permit under European Regulations.

  3. Deprivation of citizenship whereby Section 40A of the British Nationality Act 1981 applies. 

You will need to email us a copy of the decision letter to info@icslegal.com, so we can discuss your options if your indefinite leave to remain application is refused.

Taking legal advice on the indefinite leave to remain application

We at ICS Legal will provide guidance and correct advice on the route to settlement. 

You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com if you are considering to apply for indefinite leave to remain.  

We will soon launch our app to use our services online.