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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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UK Residency | Settlement | Living in the UK

UK residency can be defined in a number of ways, and those who have either applied for indefinite leave to remain (ILR) under Immigration Law or permanent status, also referred as settled status under European Law, can enjoy a permanent stay in the UK. 

The Immigration Rules was created by the Immigration Act 1971 and allows the Home Office to grant leave to enter, remain and indefinite leave to remain in the UK. The Home Office have powers to grant discretionary leave to remain or indefinite leave to remain, if there are exceptional grounds. 

The policy of Section 3C of the Immigration Act 1971, protects a persons immigration status in the UK, as long as they have applied prior to their visa was to expire and protects their immigration status, for the purposes of their indefinite leave to remain application. Section 104 of the Nationality, Immigration & Asylum Act 2002 sets out when an appeal is pending.

In reference to Section 3D of the Immigration Act 1971, this was amended by Section 11 of the Immigration, Asylum and Nationality Act 2006, which sets out the policy for leave to remain which are curtailed or revoked. Following the legal changes to the appeal rights by the Immigration Act 2014, there are no right to appeal against a visa being curtailed or revoked. However this does not prevent you putting a legal challenge against the decision. 

It is important to note that when you lodge a judicial review application, this does not automatically extend your Section 3C of the Immigration Act 1971 status, however this is not uniformed policy, so you must take legal advice on this. 

There are a number of ways you can apply for indefinite leave to remain or settled status, which usually is following a period of 5 years and 10 years residency. In some cases, under the Tier 1 visas, you can secure ILR after 2 years or 3 years of residency. 

Most of the immigration categories will tell you whether you can apply for indefinite leave to remain and what is required in order to secure the settled status in the UK. In majority of the indefinite leave to remain applications will require you to meet the good character requirements and meet the new public interest arguments, as part of your application. If you have been convicted or have committed an offence or possibly overstayed your immigration stay, then this may impact your indefinite leave to remain application. 

Once you have understood what is required for your indefinite leave to remain application including the evidences and information required, you can embark on applying for your indefinite leave to remain. The processing of the application will be done through the online application system and a decision can take up to 6 months albeit, you can fast track the decision, depending on the visa route you are applying under. 

Given the complexity of the different access routes to indefinite leave to remain applications, and referred as the most critical application, it is important to take legal advice early on the options open to you for your specific circumstances, to avoid delays and ensure your case is effectively represented to the Home Office. 

At a glance on indefinite leave to remain

There is no time limit on indefinite leave to remain in the UK but it is important to understand that the status can be lost. For example, you should avoid spending periods of more than two years outside the UK as this may lead to the loss of indefinite leave to remain. It may also be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security.

Indefinite leave to remain, or permanent residence, grants an applicant the right to live and work in the UK without any immigration restrictions and entitles them to apply for naturalisation. You can apply for indefinite leave to remain if you are under one of the following categories, however this is not an exhaustive list of categories:

  1. Partner of a British Citizen or person settled in the UK visa: after two years for visas issued prior to 9 July 2012, after five or ten years if applied on or after 9 July 2012.

  2. Tier 1 visa: after five years. However those under the Tier 1 Investor or Tier 1 Innovator category can qualify for indefinite leave to remain after 2 or 3 years of residency. 

  3. Tier 2 General migrants, once you have completed 5 years period of residency. 

  4. UK ancestry visa after five years of continuous residency in the UK.

  5. EU nationals and their eligible family members in the UK after 5 years residency. 

  6. Discretionary leave to remain after 6 years continuous residency. 

  7. Long residency after ten years continuous legal residency in the UK.

  8. Returning residents can re-apply for indefinite leave to remain, if settled in the UK prior to your departure and returning to the UK within two years of departure. 

In all immigration applications for indefinite leave to remain, will require you to complete the knowledge of life requirements and completing an approved English language test, unless you are exempted from the requirements. 

Turkish ECAA ILR applications

There is a special provision contained in the immigration rules framework, incorporated from the Ankara Agreement, which was agreed on the 12th of September 1963. The aim of this agreement was to improve the economic relations between Turkey and also the European Economic Community and the UK became a signatory to this community in 1973. 

New guidance’s have been introduced by the Home Office on 6th July 2018, which sets out the full requirements of how a Turkish person can apply for indefinite leave to remain. 

A Turkish national can apply for indefinite leave to remain once you have completed 5 years period of residency in the UK under the business route or working route. You must meet the knowledge of life requirements and have completed continuous residency in the UK. 

The absence policy is also important, and in any 12 months period of residency in the UK, you must not be absent more than 180 days per qualifying year. Must not fall for general grounds of refusal i.e. no unspent convictions, no overstaying periods of residency in the UK, are some of the examples that could impact the immigration application. 

If you have dependants, they can also qualify for indefinite leave to remain, however must meet the residency requirements, relationship, and also the intention to live as a family unit in the UK. 

How to apply for indefinite leave to remain or settled status

The application will need to be completed online, as majority of the paper forms have been removed. When choosing the application route, you need to be careful on the immigration category you choose, as the immigration rules would be dictated based on the chosen category. If you complete the wrong application, then there is a risk of your indefinite leave to remain application being refused. 

Taking legal advice on an indefinite leave to remain application

We understand that it can be a daunting experience when you consider applying for your last immigration application, so taking some legal advice and help can be invaluable. 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 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

 

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