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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 Ancestry Visa | Extending & ILR on UK Ancestry Visa

The UK Ancestry Visa is an application route derived through the British Nationality Law 1981, as it allows a Commonwealth citizen to apply for this working visa, based on their grandparent being born in the UK & Island.

UK Ancestry Visa - Apply for the UK Visa

UK Ancestry Visa

At the date of application, you must be aged 17 years or over to apply for the working visa. The application must be applied from outside of the UK, at the country of residency and must be able to provide sufficient evidences to show your intention to work in the UK.

It is important that when you apply for a UK Ancestry visa, the evidences must be all in English. If your document is in another language which is not usual, the Home Office expects to see the document to be translated. You cannot translate the documents even if you are a registered translator because the evidences provided must be reliable. Failure in providing the translated document can lead to a UK Ancestry visa refusal. Please do not expect the Home Office to contact you, as we hear this quite often, those applying for a UK visa.

Moving to the UK Ancestry Visa route

The immigration rules sets out the policy related to meeting the UK Ancestry visa requirements. This is one of the fewest categories which have not gone through any legal transformation over the last decade, and remains part of the working categories, whereby others have been closed down or moved to a different part of the immigration framework.

One of the fundamental requirements of the visa category is that your grandparent must be born in the UK and will need to demonstrate the link between you, your parent and your grandparent. If you were adopted, this must a legal adoption and certain requirements must be met in order to apply for the UK Ancestry visa.

Unlike other immigration visa categories, the UK Ancestry Visa allows further flexibility of the evidences that can be submitted. Given the type of visa you are applying, which is the UK Ancestry visa, you may not have the set of evidences available due to the time periods it had lapsed, such as a full birth certificate being available.

Depending on the circumstance’s, the Home Office may accept other alternative evidences but they must be credible evidences. For example, a letter from the local authority may be acceptable to support your claim as being related.

Further to this, as you apply for this visa, you will need to satisfy that there are intention to work in the UK and the UK Ancestry visa comes with a flexibility policy. It permits you to demonstrate about your previous employment behaviour and the ability to find work in the UK. The recent change permits you to demonstrate that voluntary employment is also accepted as part of the UK Ancestry visa requirements.

Finally, you will need to demonstrate that you can be supported financially in the UK, and that you would have adequate accommodation. Unlike the Appendix FM visa category, you do not need to have a certain financial threshold.

UK Ancestry Visa conditions

Once granted under the UK Ancestry Visa, you would be given a 5 years visa to enter the UK. The visa will contain conditions that you must adhere during the periods of residency in the UK. There will be no provisions to access the State’s funds and whilst study is permitted, there are conditions, as this is a working visa category and unless permission is granted, you may not be able to study in this UK Ancestry visa category.

UK Ancestry Visa - bringing your dependants to the UK

The UK Ancestry visa allows you to bring dependants to the UK including spouses and dependent children. There are no provisions to bring adult dependants, however you may be able to apply once you have secured indefinite leave to remain, otherwise known as settlement.

As with any immigration application, there will be a fee associated including visa centre costs and also the new immigration health surcharge. You would be able to check the current visa fees for the UK Ancestry on the UKVI website. Alternatively, you can speak to us on 0207 237 3388 to discuss the UK Ancestry visa requirements and all the associated visa fees.

Extending your leave to remain under UK Ancestry Visa

The UK Ancestry Visa permits you to extend your leave to remain, however switching from another immigration category is not permitted. This simply means, if you don’t hold a UK Ancestry Visa, then you cannot apply from the UK.

When applying for the extension under the UK Ancestry Visa, you must demonstrate that you are able to prove your ancestry ties once more, are meeting the working threshold and can support yourself in the UK.

There may be exclusion applicable on meeting the financial adequacy requirements, as long as you are not dependent on the State funds.

Whilst you must be employed at the date of your application, being unemployed at the date of application, does not mean the application would be refused. The Home Office will consider the periods of unemployment and if there are any underlying issues, for example, health issues may impact your employment. Nonetheless, each application is treated on their own merits.

There are no immigration caps on how long you can spend on the UK Ancestry Visa and can extend the visa as many times as you wish and will not be required to explain your reasons.

Applying for indefinite leave to remain under UK Ancestry Visa

Once you have completed a period of 5 years under the UK Ancestry visa, you would be eligible to apply for indefinite leave to remain otherwise known as settlement in the UK. One of the main requirements of the indefinite leave to remain application under the UK Ancestry visa is to demonstrate that you are a person of good character and are no conducive to public good.

As you may be aware, the public interest arguments are a key essential consideration of all immigration application especially, those applying for indefinite leave to remain. Whilst an indefinite leave to remain status can be revoked or cancelled, the Home Office will only do this, if you have committed a criminal offence however the Home Office Criminal CaseWorking Unit considers each application on its own merits.

Now moving back to the requirements for the indefinite leave to remain application under the UK Ancestry visa, you must demonstrate that you meet the absence policy and that you meet the knowledge of life requirements. Further to this, you must not be in breach of immigration laws and must demonstrate the 5 years period of employment in the UK. If you are self-employed, this will be accepted as well.

One of the key flexibility policies under the UK Ancestry visa is the ability to apply for indefinite leave to remain once you have completed 5 years albeit you moved to another category and use the previous residency period to apply for indefinite leave to remain.

UK Ancestry Visa refusal

We know that sometimes a decision may be wrong or that you have failed to complete the application correctly or the evidences were missing. Getting a UK Ancestry visa refusal [https://icslegal.com/uk-visa-refusal] is not pleasant news you want to receive. As with all immigration applications, you can seek to challenge the decision.

However not all challenges are appropriate because if you have failed to provide the evidences or missed critical information to the application, then submitting an administrative review would not be advised.

At first, please email us a copy of the decision letter, we will advise on the merits of the refusal and whether it would be advisable to challenge or simply reapply for the UK Ancestry Visa. As we say, going back to the root cause of the problem is better and correcting this, could potential delay in coming to the UK.

The most frequently asked questions on UK Ancestry Visa?

We have put together the most common questions asked about a UK Ancestry Visa. It should help you make a decision on how to apply, extend and apply for ILR, also referred as indefinite leave to remain.

Who qualifies for an ancestral visa to the UK? The visa can be applied by you if you are an adult, a Commonwealth citizen and have a grandparent who was born in the UK. There are some exceptions applied for those grandparents born outside of the UK, for example, if they have served in the HM armed forces.

What are the UK ancestry visa costs? The visa costs [https://www.gov.uk/ancestry-visa] are confirmed on the UK Home Office website and you can find the updated information here.

How long can you leave the UK on an Ancestry visa? You won’t have a break of residency if you don’t leave the UK for more than 180 days. The immigration rules on continuous residency for UK ancestry visa does change, so you are recommended to check prior applying for your indefinite leave to remain under the UK Ancestry.

Who can sponsor UK ancestry visa? The visa program does not require any official sponsorship. You would not need an employer to provide a certificate of sponsorship, or a work permit document. This visa allows you to work for any employer.

Taking legal advice on your UK Ancestry Visa

A visa application needs to be carefully planned and lodged, so if you meet the requirements of your UK Ancestry Visa, we can help and prepare the application. At ICS Legal, we care about how an application is prepared and lodged.

We make sure that you meet each and every requirements of the UK Ancestry visa is met prior submission and provide clear guidance’s. You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com.