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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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Representation to the Home Office | Challenging decisions from the Home Office | Complex Cases

To submit a written representation to the Home Office is more useful when you do not have a right of appeal, but can also be used when you do have a right of appeal. The aim of written representation is to persuade the refusing Officer to reverse his or her decision in light of new evidence or clarification on points raised by the original refusal received.

The representation to the Home Office can be related to, but not limited to the following applications that have been lodged to the Home Office or the British Embassy:

  1. Entry clearance visa application also known commonly as a UK visa. 

  2. Further, limited or indefinite leave to remain applications.

  3. Transfer of conditions application. 

  4. No time limit application. 

  5. Challenge against a grant of leave to enter or remain in the UK. 

Where an application has been submitted and you require further representations to be made to the Home Office, ICS Legal can carry this out. We have an up to date working knowledge of relevant case laws and precedents and can access and use them effectively when making representations on your behalf.

We also have detailed knowledge of the types of evidence needed to support applications outside the Immigration Rules and how to obtain them, and also the relative weight to be attached to different types of evidence. E-mail us your enquiry on info@icslegal.com. Alternatively you can complete our contact form by clicking here

How to address a Representation

Written representation will sometimes provide more documents, information or clarification on issues that the refusal may raise. The refusing Officer may be pleased with the additional information and be willing to reverse their earlier decision. However, please note that in some cases, rather than further representation, a new application altogether may be advisable. Although, when you have a right of appeal, you should make sure that you do not lose your right to appeal while waiting for a response from the refusing Officer.
 
When you have no right of appeal and you feel that the refusing Officer is wrong for whatever reason, it is best to forward detailed written representation, inviting the Officer to reconsider the decision. Although there is no time limit as to when you should do this, it is best to do it not more than a few days immediately after the refusal. If you are advised to re-apply, it is necessary to include information as to why this new application is different from the one refused, highlighting new or additional documents and information. Written representations are more successful with the UK Home Office than with a UK Embassy. You can appeal, if you have a right of appeal, and still provide written representation at the same time. This way, you will not lose your right of appeal, which must be lodged by a certain date, as the reply to the written representation may come some days after the time limit provided for you to appeal.

Verbal request for a legal representation

The Home Office does not permit a verbal request for a reconsideration on the original decision made by the Home Office. This is because, the representation to the Home Office must be considered by a case worker assigned by the Secretary of State. Further to that, there must be a record of proceeding, so all decisions can be reviewed by a higher authority such as the First Tier Tribunal, Upper Tribunal or the Administrative Court. In addition to this, it is a legal obligation on the Home Office to provide a response to all allegations raised. 

How can ICS Legal help me with a Representation to the Home Office

When a legal representation is lodged to the Home Office, the factual matrix of your application as well as the reasons why you have applied will be considered. However, in your grounds of representation, you must explain why the decision is incorrect or inconsistent with the existing policy, referring to the immigration laws, British nationality laws, European laws or human rights laws. You must be able to identify & demonstrate the error in law made by the Home Office. Your representation letter must state how the Officer have failed to take account of, or misinterpreted, relevant evidence submitted to the Home Office before the date of the decision
or it was not in line with relevant law, policy or guidance. 

If your representation is not successful and you do not have a right of appeal, good lawyers in the UK may be able to "claim a right of appeal" for you. If not, perhaps Judicial Review will be the answer to your matter. As you may be aware, it is always necessary to tackle the grounds upon which you were refused, because any application you may make in the future can be refused also on the basis of the outstanding points, except the new application deals properly with the points raised in the last refusal.

Your legal case worker at ICS Legal will ask you to come and see us at our office to discuss your case, understand what has happened and what representations have been made if any. As part of our detailed consultation, your case worker would be taking detailed notes and we would look to see what would be effective for you.

The key question that we are asked is "when I must lodge this reconsideration request?". This must be lodged within 14 days of the original decision made unless there are exceptional reasons why this was not lodged in time. You will need to explain your reasons in full with any relevant evidences in respect to the delay of lodging this legal representation to the Home Office. 

Whilst a legal representation does not extend your Section 3C of the Immigration Act 1971 leave status, you are not advised to lodge an application whilst the decision remains outstanding. This is because, in any event, you cannot hold two legal status in the UK. Usually, if you lodge an application for leave to remain in the UK, the legal representation will be automatically cancelled and no decision will be made. 

Legacy application reconsideration requests

Where your application for leave to remain or indefinite leave to remain including failed asylum claim have been refused by the Home Office, you may be able to request a reconsideration of the decision. In most cases, you should follow this process only if your previous decisions did not attract a right to appeal or you did not proceed on a judicial review application

Legal advice would be given in line with the following for a reconsideration request

  1. Grounds for applications.

  2. UK Visas and Immigration practice in the consideration of cases. 

  3. UK Visas and Immigration concessionary policies. 

  4. UK Visas and Immigration IDI’s.

We are experts in UK Immigration and would be able to serve directions to the UK Home Office if there has been an unlawful decision served, delays on your application or failure to consider your case properly.

Call us today on 0207 237 3388 or e-mail us your case details to info@icslegal.com. If you have been detained or have been served removal direction, please inform us immediately as you may have 5 working days to appeal. 

You are strongly advised to take legal advice prior making a decision on your immigration status. This page is for information purposes only. 

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