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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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Global Talent Visa - Exceptional Talents Visa in the UK

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The introduction of the Global Talent Visa, replaced the Tier 1 Exceptional Talent Visa on the 20th of February 2020. 

The visa is to continue the focus on the bringing to UK both talented and promising individuals. These would be in the fields of science, digital technology, engineering, medicine, humanities, and arts & culture, which include those in the working fields of film & television, fashion, design, and architecture. 

There are 2 stages to the application, on the first stage of the application, this is considered by the endorsing body organisation and the second stage of the application is considered by the Home Office. 

Once granted, a Global Talent migrant is not permitted to have recourse to public funds, be employed as a doctor & dentist in training and is limited to studying in the UK on the visa category. 

Innovation towards the Global Talent Visa

As part of the initial application to the endorsing body, you would be required to submit an application which must include supporting evidences. This is not an immigration application, so leave to enter or remain is not granted at this stage.

Each endorsing body requires specified evidences depending on the category you intend to apply. For example, if you have chosen Arts Council England, and have applied under ACE, you would be required to produce 3 letters of endorsement and up to 10 supporting evidences. Where you apply under PACE, you would be required to provide 3 letters of endorsements, and evidences of awards that you have been nominated or have won. 

In the science bodies such as the British Academy, Royal Society, Royal Academy of Engineering, you would be required to provide a letter of recommendation from an eminent person in the UK, your CV and written recommendation from a reputable UK organisation. 

Following your application as a Global Talent Visa to the endorsing body and this has been refused; you can request a review of the decision known as endorsement review. The review must be completed within 28 days following the decision being served to you. 

Once the application for the endorsement review has been lodged, the decision to review this would usually take around 28 days. Where this takes longer, the decision body will inform you of this and their reasons. 

If you are considering applying or have been refused your Global Talent Visa, then you speak to one of ICS Legal’s UK Immigration Lawyers on 0207 237 3388 or you can email us on info@icslegal.com

Global Talent Visa application

Once the endorsement letter is granted, you would be able to apply for your visa, also known as leave to enter or remain in the UK. Where the endorsement has been approved, the Home Office system records such data and does not need this to be sent, although, the recommendation is to send the letter to speed the process of the visa application. You can apply in the UK or from outside of the UK for the Global Talent Visa. 

In terms of applying from the UK under the Global Talent route, known as switching your visa category, you must hold a Tier 1, Tier 2, Tier 5, Start-up or Innovator visa to switch into the category. If you hold any other forms of leave to remain in the UK, you must depart the UK and apply from the country of your residency. 

The visa can be granted up to 5 years and this is dictated by you at the time of lodging your immigration application.  The Global Talent visa will be granted with conditions. 

Applying for your extension under the Global Talent Visa

The flexibility of the Global Talent Visa allows you to extend this either from the UK or outside of the UK. You would need to demonstrate that your endorsement has not been withdrawn and have been employed/self-employed in your expert field.

You would be required to provide evidences of your contributions in the UK and must apply for your visa prior to the expiring.

Your extension application under the Global Talent visa can be reviewed either by the endorsing body or the Home Office. 
Curtailment of a Global Talent Visa

The Home Office have a right to curtail your visa if they believe you are either in breach of your conditions of stay or your endorsing body have withdrawn their sponsorship. 

There are no right to appeal against these decisions. We may be able to challenge the decision through other legal remedy. 
Refusal of your Global Talent Visa

Either the endorsement application or your visa can be refused by the endorsing body or the Home Office. Where a decision is made, there will be a decision letter served, explaining the reasons to the refusal and how the decision can be challenged. You would be only allowed to challenge the decision once.

Please email us the decision letter to info@icslegal.com, so we can advise on the next steps for you. Alternatively, you can speak to us on 0207 237 3388. 

Applying for indefinite leave to remain under Global Talent Visa

As part of the Global Talent visa, you can apply for indefinite leave to remain (ILR) also referred as settlement once you have completed a continuous period of 5 years under the Global Talent Visa. 

You are allowed to combine periods of residency under other immigration categories, such as the Tier 1 Exceptional Talent, Tier 1 (General), Tier 1 (Entrepreneur) to name some of the limited categories but when doing so, you would be required to demonstrate you have been compliant through the periods of residency in the UK. 

The Home Office will check that your endorsement has not been withdrawn and would need to provide evidences that you are either employed or self-employed in your expert field. In brief, evidences related to your employment, you should be able to provide an employment contract, payslips to name some of those documents.

In contrast to self-employment, you would be required to provide tax returns, financial reports as some of those key evidences required. The evidential flexibility policy may be applied in your application and evidences, may be requested post the date of application.

In addition to the above, you also need to meet the knowledge of life requirements and meet the financial adequacy requirements. 

Taking legal advice on the Global Talent Visa

We at ICS Legal will provide guidance and correct advice on the Global Talent Visa application route. 

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 under the Global Talent Visa. 

Most frequently asked questions on the Global Talent Visa?

We have put together some common questions. Feel free to email our team if you have any questions.

What are the success rates on a Global Talent Visa? This depends on your circumstances, and the evidence you supply, will place a greater chance of your success. Information that are absent in your application whilst at the Stage 1, could impact your ability to be granted a visa. 

What evidence do I need for UK Global Talent visa? The evidences related to the application would depend on which Endorsing Body you chose to apply under. For example, Arts Council England, the requirements differ depending on which body will assess the application. This will be either ACE, the Producers Alliance for Cinema and Television (PACT), the British Fashion Council (BFC) or the Royal Institute of British Architects (RIBA).

If an endorsement application is refused, can you appeal against the decision? Yes, you can do so. This would depend on the body you have chosen and their legal process. You must submit this on the endorsement review form within 28 calendar days of the date of non-endorsement and email it to the Global Talent Endorsements inbox. 

How long does the visa is granted for? The visa can be granted between 1 year and 5 years. 

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