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Why have anyone else when you can have a Barrister from the start?
Our highly successful immigration specialists provide professional personal immigration legal advice and representation to individuals looking to enter or remain in the UK for Personal reasons.
**Priority Service available (country dependent)
You can visit the UK as a Standard Visitor for tourism, business, study (courses up to 6 months) and other permitted activities.
You can usually stay in the UK for up to 6 months. You might be able to apply to stay for longer in certain circumstances, for example to get medical treatment.
Under the new Appendix V there are now 4 forms of visitors to the UK, those being Standard visitor, Marriage and Civil Partnership visitor, Permitted Paid Engagement visitor and a Transit visitor. This route can also be used for entering to study for a maximum of 6 months.
Standard visitor visa is for tourism and visiting family, usually for up to 6 months. A Standard visitor may apply for a multiple visit visa of 6 months, 2-, 5- or 10-years validity. This allows multiple visits to the UK within the period of validity (unless the visit visa is endorsed as single or dual-entry), but each stay in the UK must not exceed the permitted length of stay endorsed on the visit visa (usually 6 months).
Genuine Visitors Requirements
All visitors must meet the genuine visitors requirements and must satisfy that they are a genuine visitor. This means the applicant will leave the UK at the end of their visit and not engage in prohibited activities as a UK visitor. Prohibited activities include :-
Different Visit Categories:
A. Medical Treatment Visitor
If the Visitor is coming for private medical treatment for 6months then they will need to show if they are suffering from a communicable disease that medical inspector is satisfied the that they are not a danger to public health. They had arranged their private medical treatment before they travel to the UK and must be able provide a letter from their doctor or consultant in the UK detailing: the medical condition requiring consultation or treatment and the estimated costs and likely duration of any treatment, which must be of a finite duration; and where the consultation or treatment will take place.
Where the applicant is applying for permission to stay as a visitor for the purpose of receiving private medical treatment they must also satisfy the decision maker that they have met the costs of any medical treatment received so far; and provide a letter from a registered medical practitioner, at a private practice or NHS hospital, who holds an NHS consultant post or who appears in the Specialist Register of the General Medical Council, detailing the medical condition requiring further treatment.
If they are applying for a 11month visa then in addition they must provide evidence from their doctor or consultant in the UK that the proposed treatment is likely to exceed 6 months, but not more than 11 months; and provide a valid medical certificate if paragraph A39 and Appendix T of these rules apply.
B. Students Visitor
May enter under this route provided before commencing a course they must at the date of application meet the ATAS requirement in Appendix ATAS where it applies.
C. Marriage and Civil Partnership visitor:
For those seeking to come to the UK to marry or form a civil partnership, or give notice of marriage or civil partnership., permission will need to have been obtained before entering the UK and applicant must be aged 18 or over on the date of application. Unless the applicant is a “relevant national” as defined in section 62 of the Immigration Act 2014, they must, within the period for which they are seeking permission as a visitor: intend to give notice of marriage or civil partnership in the UK; or intend to marry or form a civil partnership in the UK. If successful will be given leave of up to 6months.
D. Permitted Paid Engagement visitor: for experts in their field coming to the UK to undertake specific paid engagements for up to one month.
Transit visitor: for those who want to transit the UK on route to another country outside the Common Travel Area and who will enter the UK for up to 48 hours by crossing the UK border unless Appendix Visitor: Transit Without Visa Scheme applies.
Our legal team can advise, prepare and submit your application for a UK visit from the UK.
You can apply for a Student visa to study in the UK if you’re 16 or over and you:
If you’re 16 or 17 and you want to study at an independent school in the UK, you may be eligible for a Child Student visa instead.
This visa has replaced the Tier 4 (General) student visa.
Your course
You must have an unconditional offer of a place on a course with a licensed student sponsor.
To prove this, your education provider will send you a reference number (called a Confirmation of Acceptance for Studies (CAS)) once they’ve offered you a place on the course. You need a CAS before you can apply for your visa.
You must have enough money to pay for your course and support yourself in the UK.
How much money you need depends on your circumstances and what you’re applying for.
Knowledge of English
You must prove your knowledge of the English language when you apply.
You can prove your knowledge of English by:
passing a Secure English Language Test (SELT) from an approved provider
having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English, gained through study at a UK school that you began when you were under 18
Level of English
You must prove you can read, write, speak and understand English to a certain level on the Common European Framework of Reference for Languages (CEFR) scale.
What you’re studying Level
Degree level or above Equivalent to CEFR level B2
Below degree level CEFR level B1
If you’re studying with a Higher Education Provider
If you’re studying at degree level or above, your Higher Education Provider (HEP) can assess your level of English themselves. This means they may ask you to do a different test.
This must still be equivalent to a CEFR level B2.
Documents you'll need to apply
When you apply for your Student visa you must provide:
You may also need to provide:
As part of your application, you’ll need to prove your identity. How you do this depends on where you’re from and what type of passport you have.
You will have to give your fingerprints and a photograph (biometric information) at a visa application centre.
You’ll be told what you need to do when you apply.
There are a number of different categories in which a child can join their family in the Uk under the Immigration Rules. A child may simply be applying to join and arrive to the UK with their parent(s) as their dependant, seeking to join their parent(s) who are already in the UK, or to join their parent(s) under the Family Reunion policy where the parent(s) have the grant of Refiugee status.
In all categories, it is essential that the child applicant does provide evidence of their relationship with their parent for example a birth certificate. In some circumstamces we also advise that the provision of a DNA test from an authorised UKVI provider is provided to help establish the parent/child relationship.
Subject to the requirements of Paragraph 297 of the Immigration Rules, indefinite leave to enter the United Kingdom may be granted to a child under 18 years of age where:
The Entry Clearance Officer (ECO) must be satisfied from the information and evidence provided that:
Sole Responsibility For Upbrining The Child
Where application for child entry clearance is made under paragraph 279(i)(v) of the Immigration Rules, the sponsoring parent has to show that he/she has had sole responsibility for child's upbrining. The UK courts have defined the sole responsibility as follows:
"Sole responsibility" is a factual matter to be decided upon all the evidence. Where one parent is not involved in the child's upbringing because he (or she) had abandoned or abdicated responsibility, the issue may arise between the remaining parent and others who have day-to-day care of the child abroad. The test is whether the parent has continuing control and direction over the child's upbringing, including making all the important decisions in the child's life. However, where both parents are involved in a child's upbringing, it will be exceptional that one of them will have "sole responsibility".
Where a child is applying to join their parent(s) in the UK, it is important that the maintenace and accommodation rules are satisfied including that there is evidence of an ongoing family relationship.
Our track records confirm a large number of applications have been made by us and that our success rate is high. The level of detail to the application is important due to the very important application that is being made - a child to join the parent.
In regards to maintenace and accommodation it has to be established that the child will be maintained and accommodated in the UK and that the child will not need public funds. There a calculation has to be made (similar to a spouse application).
Maintenance
A single parent seeking to have their child join them in the UK will need to show a gross income of £18600. If the Uk family consist of 2 parents and the child is the overseas applicant, the financial requirements to meet would be a gross income of £18600 for the couple plus £3800 for the additional depndant child. If there are further family members with no settlement or are not British, an additional £2400 is to be added for example, if the parents are in the UK and have limited leave to remain in the UK, with a British child, and they wish to invite their non British child to the UK, the parents would need to show an income of £18600 (for the parents) and as a child is to join the family, an additional £3800. The total income therefore would be ££24000.
Depending on the source of funds, the evidences required would differ.
Income from Employment
Any income from employment must be where the UK spouse/sponsor is employed for a minimum of 6 months. with the same employer. If the employment is not with the same employer, then a period of 12 months of employment will be required with the relevant income to be shown from the different employers over the 12 month period.
Self Employed
The documentation required depend if you are a sole trader or a Director of a Limited Company.
Sole traders operate their business accounts and submission from April to April in the most recent tax year. For a person applying for their UK spouse visa, the relevant tax period is April 2021 to April 2022. The relvant documents that would be required for the tax period by the UK sponsor are:
Directors of Limited Companies
Limited companies operate a tax year for their relvant trading presence. The tax year depends on when the company registered and / or began trading. This period is referred to as the CT600 period. For the relevant CT600 period, the following evidences is required:
Savings
If you rely only on savings, then the level of savings of a minimum of £62500 will need to be held in a registered bank account for a continous period of 6 months. The calculation for relying on savings is:
The first £16000 is deducted from the minimum balance of savings and the remainder is divided by 2.5 (£62500 - £16000 divided by 2.5 = £18600).
The income can be supplemented by also Maternity, paternity, adoption or sick pay, Pensions as well other income such as that generated from rent or shares and third-party support and disability care allowances. If your sponsor is in receipt of a qualifying benefit then the requirement will be met.
There is also a requirement to show that there is adequate housing available for the joining spouse. The rules specify that the couple shoudl have a room exclusively available for their use. In order to satisfy the accommodation requirements the following should be provided from the UK sponsor:-
Subsisting and ongoing relationship
Evidence of an ongoping relationship must be provided betwen the parent and child(ren). Evidence of this would include:
1. Telephone or other medthiods of communication
2. Proof of money being sent for the child's use
3. Evidence of making decisions of the child's upbrining.
4. Evidence that the child is not living and leading an indepndant life.
All applicants from certain parts of the world have to cprovide a TB test certificate from a UKVI authorised centre.
You’ll need to have a tuberculosis (TB) test if you’re coming to the UK for more than 6 months and are resident in any of the listed countries at www.gov.uk/tb-test-visa/countries-where-you-need-a-tb-test-to-enter-the-uk.
You’ll be given a chest x-ray to test for TB. If the result of the x-ray is not clear you may also be asked to give a sputum sample (phlegm coughed up from your lungs).
If your test shows that you do not have TB, you’ll be given a certificate which is valid for 6 months from the date of your x-ray. Include this certificate with your UK visa application.
Accommodation
The UK sponsor(s) must provide evidences that the accommodation available for the child is suitable and that the UK accommodation will not be over crowded with the current ansd additional person to join the family.
Apply as an adult coming to be cared for by family
You must be outside the UK to apply and need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK.
One of the following must also apply to the relative:
If your family member has settled or pre-settled status you may be able to apply to the free EU Settlement Scheme.
You must prove all of the following:
You’ll need to attend an appointment to provide your biometric information (fingerprints and a photo). You’ll be told how to make an appointment when you apply.
An application to join your UK spouse is made under Appendix FM of the Immigration Rules and to qualify under this route an applicant have to meet the Suitability, Eligibility, English, Relationship, Immigration Status and Financial Requirements .
There is the requirement for a sponsor to show that they earn £18,600. This can be from employment, self employment, savings, or a combination of all these income categories.
The financial requirement of £18600 is considered where there are no dependents. If there is one dependent child, the UK sponsor will need an income of £22,400 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.
Income from Employment
Any income from employment must be where the UK spouse/sponsor is employed for a minimum of 6 months. with the same employer. If the employment is not with the same employer, then a period of 12 months of employment will be required with the relevant income to be shown from the different employers over the 12 month period.
Self Employed
The documentation required depend if you are a sole trader or a Director of a Limited Company.
Sole traders operate their business accounts and submission from April to April in the most recent tax year. For a person applying for their UK spouse visa, the relevant tax period is April 2021 to April 2022. The relvant documents that would be required for the tax period by the UK sponsor are:
Directors of Limited Companies
Limited companies operate a tax year for their relvant trading presence. The tax year depends on when the company registered and / or began trading. This period is referred to as the CT600 period. For the relevant CT600 period, the following evidences is required:
Savings
If you rely only on savings, then the level of savings of a minimum of £62500 will need to be held in a registered bank account for a continous period of 6 months. The calculation for relying on savings is:
The income can be supplemented by also Maternity, paternity, adoption or sick pay, Pensions as well other income such as that generated from rent or shares and third-party support and disability care allowances. If your sponsor is in receipt of a qualifying benefit then the requirement will be met.
There is also a requirement to show that there is adequate housing available for the joining spouse. The rules specify that the couple shoudl have a room exclusively available for their use. In order to satisfy the accommodation requirements the following should be provided from the UK sponsor:-
A genuine and subsisting marriage/relationship:
As part of ther rules to join a UK spouse, the relationship has to be shown to be valid (with a marriage certificate), and that it is both genuine and subsisting. You as the applicant may know it is both genuine and subsisting relationship, To satisy this we advise that the following shoudl be provided:-
English Language
The applicant must show that they have satisfied the English Language requirement at level A1. This can be completed but at an authorised educational establishment offering such recognised courses for example IELTS (Skills for Life - UKVI approved).
Our legal team can help you to prepare and submit your application. Our services in preparing for your wife/husband application to join the UK include:
1. Advising and checking all documents
2. Submission of your application from the UK
3. Obtaining an appointment at the relevant British High Commission for an biometric appointment
4. Drafting submissions in supporting your application and witness statements for the UK sponsor/applicant
5. Completion of additional forms required for the application (Financial Requirement Form and Sponsorship Undertaking)
6. Uploading all evidences to the British High Commission prior to your appointment
Also known as Further Leave to Remain - once in the UK a spouse will need to extend their visa after the initial 30 months grant of leave to enter.
The spouse will have to provide similar evidence as to when they entered the country. However, one difference is that should your spouse be working, then this will be counted towards the income threshold. The extension also requires the applciant to provide an additional English language test at level A2, and to show that they have been living together for the last 2 years by way of corrospondence showing living at the same address.
We can help you deal with:
1. Advising on the process and documents required
2. Document Checking
3. Submitting your application for the extension
4. making the biometric appointment at a centre local to you
5. Uploading of your documents in support of your application.
6. Representation until a decision is made.
INDEFINITE LEAVE TO REMAIN (ILR)
This will arise after being in the UK normally after 5 years of residency in the UK as a spouse.
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
There are different ways to apply for indefinite leave to remain based on your circumstances.
If you or your family member are an EU, EEA or Swiss citizen, you may be able to apply for settled status under the EU Settlement Scheme instead.
When you can settle permanently
The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the UK for 5 years continuously on a family visa as a partner.
You cannot include time you’ve spent in the UK:
The rules are different if you applied before 9 July 2012.
You must also prove that:
An application must satisfy the Immigration Rules and to qualify under this route an applicant have to meet the Suitability, Eligibility, English, Relationship, Immigration Status and Financial Requirements .
There is the requirement for a sponsor to show that they earn £18,600. This can be from employment, self employment, savings, or a combination of all these income categories.
The financial requirement of £18600 is considered where there are no dependents. If there is one dependent child, the UK sponsor will need an income of £22,400 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.
Income from Employment
Any income from employment must be where the UK spouse/sponsor is employed for a minimum of 6 months. with the same employer. If the employment is not with the same employer, then a period of 12 months of employment will be required with the relevant income to be shown from the different employers over the 12 month period.
Self Employed
The documentation required depend if you are a sole trader or a Director of a Limited Company.
Sole traders operate their business accounts and submission from April to April in the most recent tax year. For a person applying for their UK spouse visa, the relevant tax period is April 2021 to April 2022. The relvant documents that would be required for the tax period by the UK sponsor are:
All business and personal bank statements including the last 3 months
Unaudited accounts
Full submitted tax return
HMRC submission report of filing the tax return
The SA302 and SA100
Lease or proof of the trading premises
Relevant evidene to show proof of trading business
Directors of Limited Companies
Limited companies operate a tax year for their relvant trading presence. The tax year depends on when the company registered and / or began trading. This period is referred to as the CT600 period. For the relevant CT600 period, the following evidences is required:
CT600 HMRC submission report and reference
Full Company Tax return for the CT600
All business and personal bank statements including the last 3 months
Business Accounts
All wage slips
All dividend Vouchers
Evidence of the business trading premises
SA302 / SA100
Any evidences of trading i.e. professsional registration with a relevant body, premises licence, VAT Certificate.
Savings
If you rely only on savings, then the level of savings of a minimum of £62500 will need to be held in a registered bank account for a continous period of 6 months. The calculation for relying on savings is:
The first £16000 is deducted from the minimum balance of savings and the remainder is divided by 2.5 (£62500 - £16000 divided by 2.5 = £18600).
The income can be supplemented by also Maternity, paternity, adoption or sick pay, Pensions as well other income such as that generated from rent or shares and third-party support and disability care allowances. If your sponsor is in receipt of a qualifying benefit then the requirement will be met.
There is also a requirement to show that there is adequate housing available for the joining spouse. The rules specify that the couple shoudl have a room exclusively available for their use. In order to satisfy the accommodation requirements the following should be provided from the UK sponsor:-
Evidence of occupation/ownership of the UK home (tenancy agreement / mortgage statement /confirmation of ownership
Council tax bill
Property Inspection report: This can be provided by the local authority or an estate agent to confirm the composition of the property i.e. how many bedrooms, living rooms there are and if the property is suitable and not over crowded for the joining person.
A genuine and subsisting marriage/relationship:
As part of ther rules to join a UK spouse, the relationship has to be shown to be valid (with a marriage certificate), and that it is both genuine and subsisting. You as the applicant may know it is both genuine and subsisting relationship, To satisy this we advise that the following should be provided:-
Evidence of the ongoing relationship covering the last 2.5 years (prior to the application).
English Language
The applicant must show that they have satisfied the English Language requirement at level B1. This can be completed but at an authorised educational establishment offering such recognised courses.
Our legal team can help you to prepare and submit your application. Our services in preparing for your settlement application in the UK include:
Becoming a British Citizen can arise in a number of ways as an Applicant may have acquired it through birth or descent due to their British parents or those who were or settled in the UK. Being a national of Hong Kong if they were resident pre 4th February 1997, but not all. Through marriage or a civil partnership with a British national, having spent 3 years in the UK.
Under the 5-year route as either a spouse or an EU/EEA national who is on the EU Settled Status scheme. If a person has been made Stateless by way of schedule 2 of the British Nationality Act 1981 or where a person who has given up British Citizenship wishes to reacquire it under Section 13 of the British Nationality Act 1981
The Rules in addition to having been in the UK require Applicants to show that they have passed the English Language Knowledge Requirement which requires English at Level B1 unless they are aged 65 or over or are unable to due to physical or mental condition. They also need to pass the Life in the UK as per Appendix KOL
The Residence Requirement also need to be met and an Applicant also needs to show :-
We can help you deal with advsiing you for eligibiliity and if you qualify for British Nationality, advise you of documents required , submission of your application, uploading relevant documents to the home office and making an appointment for your biometrics appointment.
We will represent you until a decision is provided.
The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here.
Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 years continuous lawful residence.
Before considering an application you must check:
Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:
Asylum is the protection given by a country to someone who is fleeing persecution in their home country.
Asylum law is where a person seeks protection and refuge to people who “have a well-founded fear of being persecuted because of their race, religion, nationality, membership of a particular social group or political opinion, and are unable or unwilling to seek protection from their national authorities in their home country.” Individuals who are facing any of these circumstances and meet the criteria set out in the 1951 UN Convention Relating to the Status of Refugee and/or the European Convention on Human Rights 1950 may be allowed to enter and reside in the UK as a refugee. In order to obtain refugee status in the UK an applicant needs to apply for asylum.
Persecution can take many forms. An individual might be at risk of death or torture at the hands of the state, or face prosecution in a politically motivated crimes or simply face discrimination due to their religion, race or identity as a person of a particular social group. A grant of asylum can provide an individual with rights of residence in a country but, perhaps even more importantly, it protects that individual from forced removal to the persecuting state.
Claiming Asylum in the Uk can be a very sressful process and specialist help and advise is required under this complex area of law.
Please note that we do not deal with Asylum cases by way of legal aid and if you wish to seek Legal Aid, then please visit the legal aid agency webpage which should direct you to the relevant organisations that can help with legal aid funding.
Our specialist legal team can help you in the process of claiming for Asylum in the UK or even submite a fresh claim for asylum where you have new evidences to support your continued fear of retuern to your hoem country.
Our team will guide you throughout the process and advise you at all stages of the Asylum process inclusive of your initial application submission, interview process, the different types of grant of stay in the UK, family reunion on success of your application, applying for a refugee convention travel document, dealing with refusals, appeals and representing you at the First tier Tribunal.
You can apply for a document to travel outside the UK if: you are not British you cannot use or get a passport from your country’s national authorities your country’s national authorities cannot give you a new passport
You can apply for a refugee travel document if either:
you have refugee status in the UK
you originally came to the UK on a family reunion visa to join someone who has refugee status
How long it will be valid for
Your document will usually be valid for up to 10 years if you’re settled in the UK (known as having ‘indefinite leave to remain’). If you have permission to stay (known as ‘leave to remain’), your document will usually be valid up to 5 years.
If you’re 15 or under, the document will usually be valid for up to 5 years.
Countries you can travel to
You can usually travel to all countries except:
You can apply for a certificate of travel if one of the following is true:
Proving you have an important reason to travel
You must provide evidence of why you need to travel urgently, as well as evidence that your passport or emergency travel document application was refused.
The following situations are examples of valid reasons why you might need to travel urgently:
Proving you have been ‘unreasonably refused’ a travel document
Depending on your circumstances, you might need to prove that you’ve applied for a passport from your country’s national authorities and your application was ‘unreasonably refused’.
You must provide evidence of this if one of the following is true:
Your application is not considered ‘unreasonably refused’ if one of the following is true:
You do not have to prove that you’ve been ‘unreasonably refused’ a passport if one of the following is true:
How long it will be valid for
A certificate of travel is usually valid either:
for up to 5 years if you’re settled in the UK (known as having ‘indefinite leave to remain’)
until the end of your permission to stay in the UK (known as having ‘leave to remain’)
It may be shorter if it’s being issued for exceptional reasons.
Countries you can travel to
You can usually travel to most countries with a certificate of travel.
If you have been given humanitarian protection because it’s been accepted you have a fear of a country’s national authorities, you cannot travel to that country.
The refugee family reunion policy, which allows a spouse or partner and children under the age of 18, or over the age of 18 as in exceptional circumstances defined in paragraph 352DB of the Immigration Rules, of those granted refugee status or humanitarian protection in the UK to reunite with them here, providing they formed part of the family unit before the sponsor fled their country of origin or habitual residence.
A family reunion sponsor can be a person who is lawfully resident in the UK, has not yet obtained British citizenship, and falls into one (or more) of the following categories:
Sponsors who have indefinite leave to remain and either refugee status or humanitarian protection, but have not yet obtained British citizenship, are eligible to sponsor family reunion applications.
Family reunion applicants do not have to satisfy the family Immigration Rules under Appendix FM, including the financial, accommodation or English Language requirements. Applicants are also exempt from the ‘Knowledge of language and life in the UK’ requirement at the settlement stage.
If you are in detention or if a family member/friend is due to breach of Immigration law, we are abel to help with seeking temporary admission or Immigration bail. Upon a bail application, the following is considered where :-
There are two routes through which bail can be applied for can apply for:
By applying to the Home Secretary which is known as ‘Secretary of State bail’ by way of Form Bail 401
By applying to the First-tier Tribunal where the Secretary of State bail’ has been refused already by way of Form B1
A detained person can apply for bail every 28 days, but it can be sooner than 28 days if there is a change of circumstances
We can help to assist, prepare and submit an application for bail at the Immigration Tribunal before an Immigration Judge.
If you or your loved one has been detained by Home Office or are still in detention then we can look to see if that detention is or was lawful.
Being unlawfully detained does not mean that a person still has to be in detention, it can be a past act and we can assess this.
If you have been detained by the Home Office in the following circumstances, then it may be detention which was unlawful.
There may be other circumstances which have resulted in your detention initially being lawful, but then unlawful.
If your case is successful, you will only be expected to pay a contribution to our legal team cost and this will be a percentage of the compensation which is awarded to you, but we will agree this prior to starting your case.
We can help you deal filing a claim for unlawful detention as our legal team have experience of Immigration rules and law and are familiar with the approach of the Home Office.
Deportation is a complex area of the law where the law is constantly changing.
Deportation occurs mainly where a foreign national has been convicted of a criminal offence which is more than 12 months or is regarded as a persistent offender , this being known as an automatic deportation. In addition to this there is the power to deport under section 5(1) Immigration Act 1971. Most people facing Deportation will be under the automatic provisions post any conviction for an offence.
Currently the requirement is that the sentence must be 12 months or more, or a persistent offender.
Once the automatic provisions are triggered the Home Office serving a notice, which any Applicant must respond by way of representation setting out why as per the Immigration Rules why the Applicant falls into the exemptions to deportation or if there are very compelling circumstances which outweigh the public interest.
Depending on the length of the sentence will determine what options are available to any one facing deportation. There are two exemptions under the Immigration Rules at the point of the submissions, these are replicated in Part 5A of the Nationality Immigration and Asylum Act 2002 (as amended). The first being that the Applicant has been lawfully present in the UK for most of his life. is now socially and culturally integrated into UK and there would be significant obstacles to the country to which he is to be deported. The second is what is known as the ‘unduly harsh’ test and for this to arise the Applicant needs to show that he has a genuine and subsisting relationship with a partner or a child, or both and that the effect deportation on them would be “unduly harsh’. This will only apply if the sentence is less than 4 years.
In the case of sentence of 4 years or more, then the Applicant is going to have to establish very compelling circumstances.
We are able to help in matters relating to deportation, but remind our clients that the evidences that woudl be needed are substantial. We would help you with advising on ther process, documentation and evidences required, arrange an initial meeting with an experienced Barrister (if agreed) and help prepare for a hearing at the first tier tribunal.