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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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HM Armed Forces Family Member - settlement or leave to remain

UK HM Armed Forces | Exempt from Immigration Control | ICS Legal

The HM Armed Forces visa category under Appendix Armed Forces of the Immigration Rules HC395, allows a visa national & their dependants to reside in the UK. The Armed Forces Act 2006 provides a definition of someone who is a member of the HM Armed Forces:

  1. Royal Navy.

  2. Royal Marines.

  3. British Army.

  4. Brigade of Gurkhas.

  5. Royal Air Force.

Since 11th July 2013, the Ministry of Defence (MOD) requires Commonwealth nationals to demonstrate that they have been resident in the UK for at least5 years or those seeking to join the reserves, must hold indefinite leave to remain.

Exemption from Immigration Control

Where a person is admitted to the UK as “exempt from immigration control”, they will remain exempt in line with section 8(4) of the Immigration Act 1971 as long as they fall within the provisions.

Where a person holds leave to enter/remain in another immigration capacity, they will need to seek permission through an application to be enlisted with the HM Armed Forces. If a person completes the selection process and is considered for enlisting in the HM Armed Forces, then can make an immigration application to be granted exemption from the Immigration Act 1971.

Once a person completes their service and are discharged, they will cease to be exempt from the Immigration Act 1971. You can then make an application for indefinite remain once a period of services have been completed subject to criminality checks. The immigration rules at the time of discharge will apply and you are strongly advised to take legal advice prior making an immigration application.

Civilian employees of the HM Armed Forces

You can apply under the provisions of the Immigration Rules as a civilian employee, subject to meeting the following requirements:

  1. You must be a relevant civilian employee.

  2. Be outside of the UK at the time of the application.

  3. Must leave the UK at the end of the period of employment.

  4. You must provide evidence that you have financial resources and will have adequate accommodation in the UK.

  5. Dependants can also apply for leave to enter or remain.

  6. Meet the suitability of leave to enter/remain grounds.

All the specified evidences will need to be provided at the date of the visa application. Failure to provide the documents to support your application, may lead to a visa refusal.

NATO & US Forces

Visiting Forces Act 1952 which sets out that those who are employed by the US Forces, are entitled to certain economic and other privileges if they are recognised by the Secretary of State as a ‘civilian component’.

When referring to a “civilian component” status, this is being recognised whereby a person holds leave to enter or remain with a visa expiry date on the conditions that they are allowed to take employment.

A person will be required to meet the following published requirements and must provide specified evidences to support their application for leave to enter or remain:

  1. You have been granted a civilian component status by the US authority.

  2. Have started the employment within 12 months of entering the UK.

  3. Does not hold any other forms of settled status.

HM Armed Forces Dependants

Appendix Armed Forces of the Immigration Rules HC395 sets out the policy where a dependant can enter the UK with a view to settle. A sponsor to this application would be the army personnel listed under the HM Armed Forces or have been discharged.

Here is a list of dependants who can join their partner in the UK, and is serving with the HM Armed Forces:

  • the spouse;

  • civil partner;

  • fiancé(e);

  • proposed civil partner

  • un-married partners;

  • children under the age of 18 years and dependent children over 18 years of age.

All dependants will need to meet the suitability of leave to enter or remain at the time of their application. In a partner based application, both the sponsor and the applicant must demonstrate that they are in a genuine and subsisting relationship. Evidences related to the relationship as well as their intention to live together permanently in the UK must also be satisfied. The sponsor must demonstrate that there will be adequate accommodation and maintenance available to his/her partner, meeting the financial test at the time of the application.

Moving to a child’s application, the applicant must be under the age of 18 at the date of application unless they hold a dependant visa already, are part of the same household, must not be living an independent life, have not formed their own independent family unit and are financially dependent on the sponsor. Adequate accommodation threshold is also required to be met.

The sponsor will be required to meet the financial test unless the family members are part of the transitional arrangements.

International Armed Forces Dependants

The immigration policy extends to international based armed forces that are not part of the UK HM Armed Forces, to permit their dependants to reside in the UK during their listing in the UK.

A personnel who is part of the international armed forces, can also apply for exemption under the Immigration Act 1971.

On 28th of November 2015, the Home Office introduced a specific policy law for eligible dependants of US Military personnel. They are usually exempt from immigration control by virtue of the Immigration (Exemption from Control) Order 1972 (as amended by the Immigration (Exemption from Control) Order 2015).

In order for the dependants to reside in the UK, the sponsor to the dependant’s application must be serving in the US military & only their partners/children under the age of 21 are permitted to enter or remain in the UK. The dependants will need to meet the suitability of leave enter requirements of Appendix Armed Forces. The sponsor will need to meet financial test as well as having adequate accommodation.

What is the process for applying for the visas under HM Armed Forces?

The visa application is applied online and can only be applied from outside of the UK. However under exceptional circumstances, an application can still be lodged however you must take legal advice prior making an application. 

How long does the visa process under the HM Armed Forces take?

The decision by UKVI on this visa usually takes around 12 weeks. It may be possible to fast track the application; however it depends on the Applicant previous immigration history.

What conditions are placed on the visa for dependants?

The visa conditions are as follows:

  1. You will not be permitted to claim public funds.

  2. You will be permitted to work full time or be self-employed.

What happens if the visa application is refused under Appendix Armed Forces?

Depending on the category you have applied under, an appeal right is usually generated. There are different policies applied depending on whether you have applied in the UK or outside of the UK.

When a decision is made by the Home Office, they will provide a letter explaining their reasons as to why they have refused your application. This will tell you whether you have a right to appeal or you have a right to request an administrative review. There are differences on what can be raised depending on the legal remedy available at the time of the refusal, and we strongly recommend that you take legal advice prior embarking on a process.

We at ICS Legal, will look at the grounds of the refusal, check whether the evidences were supplied and advise on how best to appeal against the decision. We may advise on alternative legal remedy that may be available. In all cases, we will always advise you the best way forward in resolving the legal issue in hand.

 

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