Resources
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 .

How to add New FAQ ITEM?

It's Easy!

Get our updates
Follow us

Permanent Residence Application | EU permanent residency card

EEA Permanent Residency | European Citizens | EEA Nationals & Family Members 

Permanent residency is a route for an EEA national or their family members to apply for settlement. As a European citizen, you are deemed to automatically acquire permanent residence after completing 5 lawful years in the UK under the European Regulations. However, you will need to prove that you have been a qualified person under Regulation 15 of the Immigration (EEA) Regulations 2016, also referred as EEA Reg 2016. 

The route is being closed down, to allow the EEA Settlement Scheme to be enforced from 1st January 2021. Whilst there are no differences between a person holding permanent residency and EEA settled status, the first will not be valid post 1st Jan 2021. 

As part of the permanent residency application, you will be asked to meet the continuous residency requirements. Regulation 3 of the EEA Reg 2016 requires you to complete 5 years residency and limited absences from the UK. You must not have excessive absences from the UK. There are exception policies to one instance of absences from the UK but you will need to provide explanation with evidences in respect of the absence. 

In the case of Onuekwere (C-378/12), the Court of Justice of the European Union (CJEU) found that periods of imprisonment by family members of EEA nationals cannot be taken into consideration for the purposes of gaining a right of permanent residence. In addition, the court found that periods of residence both before and after prison cannot be aggregated and counted towards the 5 year qualifying period for permanent residence.

The case of MG (C-400/12) confirmed the principle that continuity of residence can be broken by periods of imprisonment in the context of the acquisition of enhanced protections from expulsion (Article 28 of the directive). MG also established the position that for individuals who are imprisoned, when calculating continuous residence for the purposes of Article 28 enhanced protections, this must be counted backwards from the expulsion date.

Permanent residency at a glance

Making an application to certify permanent residence can be complex and the number of documents required tends to deter people from submitting an application. Yet this could be the only option for some EU migrants to ensure security with regards to their status in the UK. This is more likely to apply to EU migrants who have recently entered the UK and are closer to clocking up 5 years as opposed to 6 years, but it applies to all EU citizens who have lived here for a very long time with the passport of their country of origin, provided they meet the rules and requirements.

Once you are granted your permanent residency card, you have no restrictions on your stay in the UK and do not have to be a qualified person to remain in the UK. This means that there are no restrictions attached to your leave in the UK and you are free to exit and enter as you wish, provided you are not out of the country for more than 2 years at which point Permanent Residence is lost.

Permanent Residence also gives organisations peace of mind when employing European nationals. A document proving you are free from immigration control is far more comforting than a passport without an endorsement. 

Applying for permanent residency

In order to qualify for permanent residence, a person needs to have been residing in the UK as a qualified person for five years. Possession of a residence certificate or residence card is not enough by itself because these are always issued for five years and a person might cease their qualifying activity during the five-year period.

You can apply for a document certifying permanent residence if you’ve lived in the UK for 5 years as a qualified person. This will prove your right to live in the UK permanently.

You can also apply if you’re the family member of a qualified person, or you have a retained right of residence. You must have lived in the UK for 5 years. In some cases, you can get permanent residence if you’ve lived in the UK for fewer than 5 years.

Download and fill in the document certifying permanent residence application form. Post it to the Home Office address on the form, with the £65 fee and supporting documents. 

A decision on a permanent residency application take around 6 months, however decisions are being made quicker. This depends on your personal circumstances and the evidences lodged at the date of application. 

Refusal of an EEA permanent residency card

If your application for an EEA Permanent Residency Card is refused, you will be able to appeal against the decision. You will have 14 days to lodge an appeal against the decision. The First Tier Tribunal will act as the intermediary to your appeal. 

When appealing 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 Permanent Residency Card. We will explain our reasons on why you should either appeal or submit a new application. 

Legal advice for the EEA permanent residence card

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:

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

Download our convenient app now to start using all our services.