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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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European Nationals | EEA Citizens incl Settled & Pre-Settled Status | ICS Legal

EEA nationals and family members, who hold EEA residency under domestic law, will soon need to consider switching their legal status in the UK. 

European nationals are now able to apply under the settled and pre-settled status. The aim of this program is to allow EEA nationals and their family members, to settle in the UK following Brexit. 

Once the UK leaves the European Union, the Home Office will close down the free movement rights and will close down the documentation issued to European Economic Area (EEA) & Swiss citizens. 

After the free movement rights are closed, EEA and Swiss citizens & their family members will require applying under Immigration Rules, in order to remain in the UK. 

The EU Settlement Scheme provides a basis, which is consistent with the Withdrawal Agreement with the EU published on 19th October 2019. This agreement was agreed with all the European Economic Area (EEA) countries and Switzerland. 

The current transition arrangement is until 31st December 2020, however this could be extended and we will update our latest legal news page with more information. 

Background & history

When the UK joined the European Community on the 5th of June 1975, the free movement rights were incorporated into domestic law, and allowed EEA nationals the right to come and live in the UK. There were also able to bring family members including dependant family members to the UK. 

The Free Movement Directive 2004/38EC, which came into force in April 2004, provides for the right of citizens of the EEA nationals and their family members to move and reside freely within the European community. The provisions of the directive were transposed into domestic law by the Immigration (European Economic Area) Regulations 2006 (EEA Regulations 2006).

On 1 February 2017, the EEA Regulations 2006 were revoked and replaced by the EEA Regulations 2016. The EEA Regulations 2016 in large part consolidate and clarify the provisions, modernise the language used and simplify terms where possible in line with current drafting practice.

The EEA Regulations 2016 reflect the margin of appreciation enjoyed by member states to determine their own requirements of public policy and public security, for their own purposes, from time to time. They also make a number of substantive changes, including in respect of public policy and public security decisions.

The current European Economic Area (EEA) nationals, who sets out who is treated as a qualified person under the Immigration (European Economic Area) Regulations 2016, are where the policies are set out for those wishing to come and live in the UK. 

Qualified person under EEA Regulations

An EEA national is treated as a qualified person if you are a job seeker, worker, self-employed person, self-sufficient or a student. You are able to change your qualified status during the period of your residency in the UK and will need to make sure you keep evidences to support your application when you intend to apply for the settled status or permanent residency. 

Usually, once you have completed a period of 5 years continuous residency, you can qualify for permanent residency or settled status. 

Direct family members

Family members such as spouse or civil partner, direct dependants and dependent relatives are able to come and join you in the UK. If they are in the UK on a different immigration category, they can extend their stay in the UK, even if they are not EEA national themselves. 

Extended family members

Those who are related to the EEA nationals can apply for residency in the UK. The policy is extended within the new framework incorporated by the Immigration Rules. 

EEA decisions on grounds of public policy and public security

All EEA nationals and family members are subject to criminality and other good character policy checks. The current EEA Regulations 2016 set out the government’s view of the fundamental interests of society in the UK in the context of the regulations. This is a statement about the types of interests, which if threatened, might provide legitimate grounds for removing or excluding an EEA national or their family member. 

Home Office can make a decision to exclude or remove an EEA national or their family member on the grounds of public policy or public security in order to protect the fundamental interests of society. As part of their right to remain in the UK, consideration will be given to whether the conduct of the individual represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.

Public policy and public security are not defined in the directive or the EEA Regulations 2016. Since there is no uniform scale of public policy or public security values across member states, the government has discretion as to the standards of public policy and public security that apply in the UK from time to time. This position is reinforced by paragraph 1 of schedule 1 of the EEA Regulations 2016.

The ECJ has consistently emphasised that member states have discretion to determine the circumstances which justify the use of the public policy provision. In particular in the ECJ case of Yvonne van Duyn v Home Office (Workers) [1974] EUECJ R-41/74 the court held at paragraph 18. 

Where an EEA national or their family member has established a permanent right of residence, a decision to refuse admission, exclude, revoke residence or remove the person from the UK, is only permitted on serious grounds of public policy or public security. Serious grounds are not defined in the EEA Regulations 2016 or the directive. To justify a decision on serious grounds, there must be stronger grounds than would be applicable for a person who does not have a permanent right of residence.

Legal advice for EEA nationals and their family members

Given the legal changes, EEA nationals and their family members will need to apply for the settled and pre-settled status. 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. 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.