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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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Settled Status | EEA Settlement Scheme | EEA Regulations

The Settled Status also referred as indefinite leave to enter or remain in the UK. This is set out in the Immigration Rules. The legal policy was introduced on 31st October 2019, following the agreement reached on the 17th of October 2019. The ettled status scheme is for EEA nationals and non-EEA national family members. 

Appendix EU under the Immigration Rules, sets out what a person must do in order to apply for indefinite leave to remain in the UK:

“The applicant meets the eligibility requirements for indefinite leave to enter or remain as a relevant EEA citizen or their family member (or as a person with a derivative right to reside or a person with a Zambrano right to reside) where the Secretary of State is satisfied, including (where applicable) by the required evidence of family relationship, that, at the date of application, one of conditions 1 to 7 set out in the table is met.”

The EU Settlement Scheme provides a basis, consistent with the draft Withdrawal Agreement with the European Union reached on 17 October 2019 and with the citizens’ rights agreements reached with the other European Economic Area (EEA) countries and Switzerland, for resident EEA and Swiss citizens and their family members to apply for the UK immigration status which they will require in order to remain here beyond the end of the planned implementation period on 31 December 2020.

The EU Settlement Scheme will also be the basis on which EEA and Swiss citizens resident in the UK before exit and their family members will be able to apply for UK immigration status in order to remain here in the event of the UK leaving the European Union without a deal. 

The immigration status granted under the EU Settlement Scheme, under Part 1 of Appendix EU, is either indefinite leave to enter (ILE) (where the application is made outside the UK) or indefinite leave to remain (ILR) (where the application is made within the UK) – also referred to for the purposes of the scheme as ‘settled status’ – or 5 years’ limited leave to enter (LTE) (where the application is made outside the UK) or 5 years’ limited leave to remain (LTR) (were the application is made within the UK) – also referred to as ‘pre-settled status’.

In all immigration applications, the Home Office will conduct suitability of leave to enter or remain. You must ensure that the pre-settled status application contains all correct and relevant information. If you provide misleading information, representations or documents, then your application will be refused and a ban will be applied. This may also result in your removal from the UK or deportation. 

Where you have committed a criminal offence or committed a civil conviction, this could impact your immigration application. Depending on the severity of the offence, this would impact the application. 

Applying for settled status application

The settled status application can be applied online or by post. There are no Home Office fees associated to the application. The application for the settled status is similar to permanent residency, however the policy now exists under the Immigration Rules. This grants you indefinite leave to enter or remain in the UK and without any restrictions of stay. 

For the application as a settled status to be treated as valid, you must follow the correct application process, must provide evidences of your identity, the relevant evidences to support your application and the required biometric information. 

Depending on your immigration status, you may need to apply online or using a prescribed immigration form. The settled status application form is available in the Home Office website. Failure to provide the specified evidences as outlined under the Immigration Rules, your application can be rejected and there are no right to appeal against the decision. 

You will need to meet the continuous residency requirements, and you will need be falling under the following allowable categories of migrant:

  1. A relevant EEA citizen.

  2. A family member of a relevant EEA citizen.

  3. A family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen.

  4. A person with a derivative right to reside.

  5. A person with a Zambrano right to reside. 

  6. A person who had a derivative or Zambrano right to reside. 

The above periods should cover the 5 years continuous residency. As part of the application, you will need to provide evidences to cover the periods of the continuous residency requirements. For example, if you have ceased activity as a qualified person, i.e. have retired, then you would have to provide that you have been employed or have been self-employed for more than 12 months and have been resident in the UK for more than 3 years. 

Once the application is applied using the correct process, the Home Office will issue a “certificate of application”, which confirms that an application is live and valid. It does not give any confirmation of your legal status. 

The decision on your settled status does not take more than 6 months, and decisions arrive much sooner. This also depends on case by case basis. Some will have a very simple application, i.e. have been employed throughout their 5 years residence, limited absences and no issues on their suitability checks i.e. criminality checks. 

Family members applying for settled status

A family member can apply for settled status once they have completed the 5 years period of qualifying residency in the UK. Family members includes but not limited to spouse, civil partner, durable partner, children under 21 years of age, dependent children over 21 years of age, dependent parent and dependent relative prior to leave granted before 1st February 2017. 

The application for the settled status requires you to submit evidences to support the application, for example, if you are married, then you must include evidences of a marriage certificate, evidences of your relationship and the intention to live together as husband and wife in the UK. 

Further to these evidences, the Home Office will ask for employment, residency documents and any other evidences relevant to the application. You are advised to submit the correct evidences to support the settled status application. 

Refusal of a settled status application

If your application for a settled status is refused, you will be able to appeal against the decision. You will have 14 days to lodge an appeal against the decision and the Home Office will reconsider their decision. The matter could be listed at the First Tier Tribunal. 

When challenging against the refusal, you will be asked to complete the claim form, submit the legal grounds and evidences. 

We recommend that you take some legal advice at first, to see whether the decision was reached correctly or not. You can email us a copy of the decision letter to info@icslegal.com

As part of our process, we will advise whether you should appeal the decision or re-apply for the EEA settled status application. We will explain our reasons on why you should either appeal or submit a new application. 

Legal advice for the settled status application

Our UK Immigration Lawyers will provide you with the very best advice and most importantly putting your best interest at first. 

Our commitment to you is:

  1. Provide clear, straightforward legal advice in a language you understand.

  2. A highly professional personal service.

  3. A friendly, caring and approachable team of UK Immigration Lawyers. 

  4. Transparent costs with no hidden surprises.

It’s not that we think differently. It’s that we are different given our time in this industry. Reassuringly so. You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com. 

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