Frequently Asked Questions

We have answered our most frequently asked questions below. If you don’t find the information you need please feel free to get in touch and one of our Personal Injury experts will get back to you as soon as we can.

FAQ's

Immigration Law

I am a British citizen. How can my foreign spouse come to live with me in the UK?

If your spouse is not a British citizen or a national of a European Economic Area country, then they will need a visa in order to come to the UK to live. Most people in this situation will apply under the Immigration Rules for family members, although it is always worth considering whether other immigration categories might be better. For example, they may prefer to be sponsored by a UK employer under the Tier 2 (General) category. If applying under the Rules for family members, you will need to meet requirements relating to the genuineness of your relationship, your good character (including criminal convictions), English language and your finances. The financial requirements look at your recent earnings, anticipated future earnings and specify a minimum salary amount based on whether you have any children who also need to apply for visas. The minimum income you need to show is £18,600 where no children are applying with you. You then need to demonstrate an additional £3,800 for the first child and an additional £2,400 for each child after that. The Immigration Rules contain very strict requirements as to the documents which will be accepted as confirmation of earnings. If you are unable to satisfy the financial requirement through your earnings then you may be able to satisfy it by showing that you have held cash savings totalling at least £62,500 for at least six months before applying. The family member Rules are very complicated and are interpreted very strictly by the Home Office and Entry Clearance Officers overseas. Please contact us if you would like a quote for us to assist with an application in this category.

I am in the UK with a spouse visa. When can I apply for Indefinite Leave to Remain?

Spouse visas (granted under the Immigration Rules for family members) are granted for an initial period of two years and nine months where the initial application is made overseas, or two years and six months if that initial application is made from within the UK. Once the holder of the visa is within 28 days of completing two years and six months in the UK, with this visa they can submit an application to extend their stay for a further two years and six months (demonstrating that they continue to meet the requirements for this category). Upon completion of a period of five years in the UK in this category you can apply for indefinite leave to remain provided you meet the relevant requirements.

I am in the UK on a visitor visa. Can I switch to a different visa?

In the overwhelming majority of cases visitors will not be permitted to switch their status or extend their stay in the UK. The Immigration Rules do not allow someone in this situation to switch their status. The only situations in which that might be possible are where there are exceptional circumstances which mean you are unable to return to your home country to make the application from overseas. The Home Office will approve such applications only very rarely so you should seek legal advice before making such an application.

How much money do I need to have to be a Tier 1 Entrepreneur?

In most cases, the sum required is £200,000. The funds can be held by you as the applicant or a third party who is making the funds available to you. Alternatively, you can also rely on £200,000 that has been invested into a UK business within the 12-month period before you apply. It is also possible to apply if you have access to £50,000, but only if those funds come from: a UK entrepreneurial seed funding competition endorsed by the Department for International Trade a UK government department making funds available for the purpose of setting up or expanding a UK business a venture capital firm registered with the Financial Conduct Authority The Rules relating to applications made in this category are very complicated and interpreted strictly by the Home Office. Please contact us for further information if you are interested in making an application in this category.

Should I use a solicitor to help with my application?

There is no requirement to use a solicitor or other legal representative when making any immigration application. However, the Immigration Rules can be very complicated and the Home Office tend to interpret those Rules very strictly so it is important that you know what requirements need to be satisfied and what documents need to be submitted to demonstrate that you meet those requirements. We are experienced in dealing with immigration applications in all categories and will use that experience in ensuring that your application is as strong as it can be. Please contact us for a quote if you would like us to assist with your application.

I am in the UK as a Tier 2 (General) migrant. What is the 'cooling off' period and how does it affect me?

There is no requirement to use a solicitor or other legal representative when making any immigration application. However, the Immigration Rules can be very complicated and the Home Office tend to interpret those Rules very strictly so it is important that you know what requirements need to be satisfied and what documents need to be submitted to demonstrate that you meet those requirements. We are experienced in dealing with immigration applications in all categories and will use that experience in ensuring that your application is as strong as it can be. Please contact us for a quote if you would like us to assist with your application.

My fiancée is a British citizen and we want to get married in the UK. What visa should I apply for, a marriage visitor or a fiancé(e) visa?

If you intend to live in the UK together after your marriage then you can apply for a fiancée visa. That visa will be valid for six months (so you must intend to marry within that timeframe) and will allow you to switch into the spouse category after you are married. If you do not intend to live together in the UK but want to be married here, then you can apply for a marriage visit visa. Visitors to the UK must not intend to marry here, so if you are planning on marrying in the UK you must apply for a marriage visit visa to allow you to do that.

I was born in the UK but have never held a British passport and my parents were not British. Am I a British citizen?

If you were born before 1st January 1983 and unless your father was a foreign diplomat then you will be a British citizen by birth. If you were born on or after 1 January 1983 then you might be a British citizen if either of your parents were British citizens or held indefinite leave to remain or permanent residence under EU law at the time of your birth. If your parents were not British and did not hold indefinite leave to remain but either of them subsequently acquired that status then you can apply to register as a British citizen, but only if you are not yet 18. If you have turned 18 or your parents are not British and do not hold indefinite leave to remain then you may be able to register as a British citizen by demonstrating that you lived in the UK for the first 10 years of your life and did not spend more than 90 days outside the UK during each of those years. Questions of whether someone is already a British citizen or meets the requirements to be registered or naturalised as a British citizen are complicated. Please contact us for a quote for us to advise on these issues.

What is the Immigration Health Surcharge and how do I pay for it?

The Immigration Health Surcharge is a statutory fee which must be paid by all foreign nationals applying for a visa from overseas or for leave to remain in the UK which will be granted for longer than six months. The amount of the Surcharge is currently £200 for each applicant for each year that their visa or leave to remain will be valid (£150 for applicants under the Tier 4 or Tier 5 (Youth Mobility Scheme) categories). The Surcharge must be paid in full by credit or debit card when you make your immigration application and at the same time as paying the other fees associated with your application. If your application is refused then the Surcharge should be refunded.

I am about to apply for an extension of stay in the UK. Should I apply at the Premium Service Centre or by post?

Applications submitted at the Premium Service Centre attract a fee of £500 per person in addition to the standard application fees, so often the answer to this question comes down to a personal preference and budget. In most cases, applications submitted at the Premium Service Centre are decided on the same day, with documents returned after the application has been considered, so many people use the Premium Service Centre either because they want the certainty of a decision on the same day, or because they travel regularly and need their passport back. Do bear in mind though that even if a decision is made on the day of your appointment and your passport returned to you, it can take around one to two weeks for the Home Office to issue your new Biometric Residence Permit confirming your new status. If an application is complicated or requires additional and more detailed consideration by the Home Office, it may be retained by the caseworkers and could take weeks to be decided. In such situations the Home Office will not normally refund any part of the application fee. Additionally, some types of application (e.g. Tier 1 (Entrepreneur), citizenship and travel document applications) will not be considered at Premium Service Centres. Please contact us if you would like a quote for our fees to assist with an application to be submitted at a Premium Service Centre.

I am an EEA national living in the UK. How do I get British citizenship?

If you are over the age of 18 then in order to become a British citizen you must apply to the Home Office to be naturalised. One of the requirements for naturalisation is that you are free from immigration time restrictions, which as an EEA national means that you must have acquired permanent residence. In most cases permanent residence is acquired after five years exercising EU Treaty rights in the UK in one or more of the following categories: worker, self-employed person, student or self-sufficient person. The legislation which governs how naturalisation applications are to be submitted now requires you to have been issued documentation by the Home Office confirming that you have acquired permanent residence (for EEA nationals this is known as a "document certifying permanent residence"). Usually, applicants will need to have held permanent residence for at least 12 months before being eligible for naturalisation. You will also need to satisfy other requirements including an English language requirement, passing the Life in the UK Test, being of good character and residential requirements relating to your absences from the UK. The result of the UK's referendum on EU membership held on 23 June 2016 has created a great deal of uncertainty. Please contact us if you would like a quote for our fees to assist with an application either to confirm that you have acquired permanent residence or for British citizenship.

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