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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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Sponsors Rating | Sponsor Licence | Skilled Work Permits | ICS Legal | UK Border Agency

Where your sponsor licence application is approved, it is usually granted with an A-rated sponsor licence. This allows you to assign certificate of sponsorships to either migrants or students in or outside of the UK. The Home Office will then put you on the sponsor licence list.

Downgrading of your sponsor licence to a B-rating

If the Home Office finds that there are some issues which is required to be amended prior your rating to be put back to A-rating, they will set a reasonable action plan. This will allow you to continue holding the licence but will not be able to assign any certificate of sponsorship.

ICS Legal will be able to support you if this happens, by conducting our own review and work with the Home Office action plan.

Scoring system of the sponsor licence application

As part of the Home Office process, you will need to meet certain requirements, so they will use a scoring system to assess whether a sponsor licence application is granted. As it depends on the nature of your organisation, the scoring system will reflect on this.

Scores for civil penalties and criminal convictions

The only scores you can be given for criminal convictions are met or not met (one or more convictions found). If a member of your staff who has access to the sponsorship management system is found to have an unspent criminal conviction for an offence listed in Appendix B of the full policy guidance, you will receive a “not-met” marking. Any other unspent convictions could also lead to a “not-met” marking.   

What the scores mean and how they affect your rating

Home Office will give an A rating if you receive a “met” in all the listed categories and there are no other reasons for giving a B rating or refusing your application. The Home Office gives a B rating if your organisation receives a “not-met” score in any of the three categories and there are no other reasons for refusing your application. The Home Office is likely to refuse your application if you receive a “not-met” score in any of the three categories.

How Home Office awards A and B ratings

When the Home Office gives you a sponsor licence, they award you an A rating or B rating, rating each application on its own merits. Your rating reflects any track record you have in employing or teaching migrants and appears on the published register of sponsors. If The Home Office suspends you, they remove your rating from the register during the suspension period. If the suspension is lifted, they reinstate your name on the register with the rating they award. 

Your rating will usually be the same for all the tiers you are registered for. However, in exceptional cases, if you are performing poorly in your duties in only one tier, they apply the B rating only to that tier. For example, they might do this if a college has adequate procedures in place for managing its migrant workers, but not for overseas students.

Downgrading sponsors from an A to a B rating

The Home Office know that most sponsors who employ or teach migrant workers or students are honest and will comply with their duties. However, they have a duty to ensure that they deal appropriately with the minority who do not comply.

The following procedures make sure that The Home Office enforce sponsor duties, identify dishonest or incompetent sponsors quickly, and cancel their licences and punish them. As well as taking enforcement action for sponsorship, they will punish any sponsors that breach the laws on illegal working. Home Office staff are trained and equipped to issue civil penalties and will refer more serious offences for prosecution.

When to apply to renew your sponsor licence

You should apply to renew your sponsor licence before it expires. The Home Office will send you reminders to renew the sponsor licence before it expires, but it is your responsibility to renew it. There may be requirements to provide up to date evidences depending on the size and type of organisation you are.

If you have sponsored migrants working for, or studying with you, you will need to renew your licence for as long as you want to keep employing them or having them as students. This applies even if you do not want to sponsor any new migrants.

You must renew your sponsor licence every four years to satisfy the Home Office that you are still operating and still want to be a sponsor.  The Home Office will deal with applications for renewal in the same way as they deal with applications for a new licence at the time of the application for renewal. As long as you apply to renew your sponsor licence before it has expired, you will be able to continue acting as a sponsor, for example by assigning certificates of sponsorship and keeping current migrants, until they have made a decision on your renewal application.

Surrendering a sponsor licence

If you no longer want to sponsor migrants and have no sponsored migrants currently working for or studying with you, you may surrender your licence. They will then remove your organisation from the register of sponsors, and you may apply for a new licence at any time.

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