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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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Access Rights to a Child in the UK | UK Visas

Both the UK Immigration Act 1971 and the EEA regulations 2016 provides a legal framework for a person to apply for a visa, to exercise their parental rights if the child is resident in the UK. Following Brexit, the EEA Regulations 2016 has now been incorporated into the domestic law, the Immigration Rules HC395.

Whilst we have seen a shift to the policy, the principle that governs the ruling on how a parent can apply to either enter or remain in the UK has not changed. We remind ourselves that the child status, as well as the other parent’s status will matter in your application.

The application for an access to a child visa, allows a parent to apply under the 5 years route to settlement or 10 years route to settlement as both categories come under similar requirements, however there are small details which are different to the type of grant given.  

What are the eligibility requirements for an access to a child visa

The access to a child visa for a parent requires them to meet the following requirements in brief:

  1. The child must be under the age of 18 years at the date of application.

  2. The child must not have formed an independent family unit or be leading an independent life as defined under the Immigration Rules HC395.

  3. The Applicant must be able to meet the financial requirements and demonstrate that there is adequate accommodation in the UK.

  4. The Applicant must provide reasonable evidences to demonstrate contact with the child and this is determined on a case by case basis.

  5. Depending on the type of grant, the Applicant will require to meet the appropriate English Language requirements.  

The burden of proof sits on the Applicant to demonstrate that they meet the published requirements of Appendix FM Immigration Rules HC395. The Home Office will consider the application based on the information and evidences provided at the date of application. The policy of paragraph 27 of the Immigration Rules HC395, states that the Home Office must make a decision based on the date of application.

Best interest of the child and Human Rights Article 8 ECHR

First of all, Article 8 ECHR is considered in an application made by a parent, as this impacts family life, whenever an application for an access to a child or parent visa is applied for:

Article 8 provides:

"1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."

The Home Office must demonstrate that their decision is fair and proportionate when considering the parent visa or access to a child visa. The evolution of Appendix FM of the Immigration Rules HC395, which now sets out the parent visa and the First Tier Tribunal being restricted on what matters they can consider on a human rights appeal, has given the Home Office greater powers on how they come to deciding an application which impacts family life.

Article 8 of the ECHR includes the right to be free from unlawful and unreasonable interferences, and the ECHR policy states that the State, here the Home Office, has an obligation to ensure that a person leads a normal family life. If the States wishes to interfere to maintain an effective immigration control, reasons must be aligned with the public interest arguments.

As matters are being challenged, case laws are changing interpretations on right to family life, as well as the circumstances when the Home Office can interfere in a person’s right to both family & private life. We know that on an access to a child visa or a parent visa, it will surely impact family if an application is refused. However, one case law, which is an established authority, is in the case of Marckx v Belgium whereby the burden sits on the Applicant to provide the authority the reasons why the State’s interference is unlawful and disproportionate.

Frequently asked questions

We hope the following will provide answers to some of the most common questions asked in respect of an access to a child visa. We do advise that you to speak with our UK Immigration Lawyers first on 0207 237 3388, so we can assess your position and advise you on how to go about making this application. You can also email us on info@icslegal.com your circumstances and we will surely come back to you as soon as we can.

How do I apply for the access to a child visa or parent visa?

The application is usually done online and you must choose the appropriate box depending on your current immigration status if you’re applying from the UK. Those who are applying from outside the UK can simply choose the parent visa route.

Falling under the transitional arrangements?

We know that the access to a child visa was part of Part 7 of the Immigration Rules HC395. It was somewhat hidden away from the family based routes until the changes came into force on the 9th July 2012. You cannot combine periods of residency on the previous or current rules to secure indefinite leave to remain.

How long are the access to a child visa or parent visa is granted for?

If you apply for the visa from outside of the UK, this is granted for 33 months. Those in the UK will usually receive a period of 30 months.

What are the conditions of an access to a child visa or parent visa?

You will be permitted to work full time but cannot claim public funds. There may be other conditions set and you must check those depending on your nationality. Breach of conditions can lead to a visa being cancelled.

Can I apply for indefinite leave to remain under the access to a child visa?

Yes, in most cases. When you can qualify depends on the extensions that are granted under. You need to keep all your Home Office letters, as we have found out that sometimes errors are made and your placed under the 10 years route to settlement. You need to take legal advice prior making an application.

Trusting ICS Legal with your access to a child visa or parent visa?

We appreciate the diverse challenges we face from 'No Win No Fee firms and 100% success rates'. ICS Legal are not in the business to provide such promises, after all we are not the Home Office.

Our trust with you is based on conversation, in spite of everything and above all you are buying our expertise. Speaking to us will give you the comfort and satisfaction that we are the right lawyers.

We have been part of the changes and will continue to be part of this, as we continue to support our Clients through their UK access to a child visa application. You can contact us on 0207 237 3388 to get more information on how we can help you. Email us your enquiry today at info@icslegal.com

We will soon launch our app to use our services online.