Immigration

Experts in judicial review proceedings, statutory appeals and human rights applications.

Currently, if you live outside of the European Economic Area (EEA) you must be granted a visa to stay in the UK and you must adhere to the terms of that vids, of course every visa has a different set of criteria to meet to apply and terms to adhere to when you are here in the UK.

Choosing the correct visa can be an extremely difficult task which we are here to guide you through. It is often the case that proving you meet the criteria to apply for a particular visa is a very stressful and troublesome task. This task is made even more onerous when you would like bring your family with you or would like to be granted a work permit.

If you arrive here in the UK with the wrong visa, there is a very high likelihood that you will be deported. This is also the case if you overstay past your visa’s expiry date. This is why it is best to seek the advice of an experienced solicitor who can put your mind at ease and deal with all the difficulty of a visa.

Furthermore, if you already have a visa, our experienced team immigration solicitors may be able to help you extend that stay. Our team is also extremely experienced in applying for permanent settlement in the UK.

Whatever the situation is, our team of solicitors will work tirelessly to make sure that your application is successful. You will be kept in the loop at all stages of your claim. Should it be the situation that your application is rejected, we can dispute this in an appeal.

What are some situations we can help you with?

  1. Visiting the UK as a tourist with your family.
  2. Gaining a work permit in the UK to working-term or short-term.
  3. Investing in a business or starting your own business in the UK.
  4. To gain a visa to conduct research in the UK.

Why choose us?

Our highly experienced immigration solicitors will always endeavour to act with your best interests at heart. At Proctor & Hobbs, we will always take our time to know you personally before undertaking your work. We will always take your desires and your input into every situation we face together and this is especially important in the field of immigration. Please contact us on 0808 196 8212 to further discuss the intricacies of your case.

 

EU & EEA Immigration Solicitors

Brexit has changed the way EU and EEA nationals can live in the United Kingdom. If you are an EU or EEA national, you’ll have to apply for UK immigration status to legally remain within the UK – this law will be fully imposed on the 31st December 2020. Our immigration solicitors cater to all aspects of UK immigration law and we are able to facilitate you and your family members application for the proper status to enter into or remain within the UK.

If you’re already living within the UK by the 31st December 2020 and need to remain indefinitely, you’ll have to apply to the EU Settlement Scheme. If you wish to visit the UK from the EU or as an EEA citizen for a shorter period of time, our experienced team can help you pick and apply for the right visa. Our team of highly specialised immigration lawyers can facilitate your applications to the EU Settlement Scheme. We also advise on visa applications if you intend to return or visit the United Kingdom to work, study or start a business after Brexit.

Can my family apply?

Yes and we can help you to apply at the same time. Under the new immigration rules, family members are denoted as: a spouse or civil partner, child or grandchild under the age of 21 who is financially dependent on you, parent or grandparent who is financially dependent on you.

What other visas can I apply for?

If you do not plan on settling in the UK, there are a plethora of visas the UK government offer which may be tailored to your needs. We can help you to get a visa to: study in the UK, conduct research in the UK, receive medical treatment, take a short visit.

I am a business owner but am an EU/EEA resident, am I affected and can you aid me?

Business owners from the EU/EEA are also affected by the Brexit deal. However, we are here to help and can aid you in your application for a number of business immigration issues. We can help you if you need to visit the UK for business, are planning to open a business in the UK or are already running a business in the UK.

Applying for citizenship

Our experienced team of solicitors may be able to help you apply for British citizenship. This will allow you to reside in the UK permanently with all the rights of a British citizen. This is subject to criteria, namely, that you have lived continuously in the UK for 5 years and hold indefinite leave to remain, We can complete the application for you so that no burden is placed on your head.

We understand that applying for citizenship is often the last part of a long journey. We will always endeavour to keep you in the loop with communication at every key stage to ensure that your application has the utmost prospect of success. If you are still a portion of time away from applying for citizenship we can also advise on how to best prepare for your application in the future. Furthermore, we are particularly experienced in helping people with applications that are not clear-cut. Often, the Home Office may reject your application for a variety of reasons. Some of the reasons could be if you have spent more than 270 days outside of the UK in the 3 years before your application, broken any UK immigration laws or if you have spent more than 90 days outside of the UK in the last 12 months. Even if this is the case, we are here to help and may be able to ask the Home Office to reconsider.

What is British Citizenship?

British Citizenship is a form of British nationality governed by the British Nationality Act of 1981. British citizenship means you are granted the rights to:

  1. Protection overseas
  2. The right to vote in general elections and referendums
  3. Stand for parliament in the UK
  4. Work and live in the UK permanently

What are the requirements to apply for Citizenship?

  1.  Have lived-in the UK continuously for at least 5 years
  2. Speak a good level of English, Welsh or Gaelic
  3. Over 18 years old
  4. Passed a life in the UK test
  5. Have good character with no criminal record

How long does the application take?

The application takes around 4-6 months after we have gathered all your documents and send them to the Home Office. While this decision is being made, you can stay in the UK and your Indefinite Leave to Remain status will stay unchanged.

Should your application be successful, you will be invited to a Citizenship Ceremony where you will officially become a British citizen. After this, you can apply for your British passport. We will be with you every step of the way so there are no unpleasant surprises for you.

Applying for Indefinite leave to remain (ILR)

What is Indefinite leave to remain?

Indefinite leave to remain, also known as settled status or permanent residence is an immigration status which grants a person permission to remain in the UK for as long as they wish without any restrictions.

What are some of the benefits of having Indefinite leave to remain?

Firstly, you are granted the entitlement to live, work and remain in the UK with complete access to benefits, healthcare and education. Furthermore, any children who are born whilst you are in the UK can register as British citizens, you may be able to sponsor certain family members to come and live with you in the UK and you may be able to apply for British citizenship yourself.

Who can apply for Indefinite leave to remain?

You may be able to apply if you have any of the following visas: A Tier 1 (Entrepeneur, Exceptional Talent or Investor) visa, a Tier 2(General) visa, a UK ancestry visa, a Representative of an Overseas Business visa, a partner/family member of a partner who has indefinite leave to remain in the UK, refugee status.

You may also be allowed to apply under any type of visa for 10 continuous years.

You may also be asked to take a test about life in the UK and an English language test.

How do I apply?

The entire application takes place online and you may be subject to pay a fee. You may also need your pictures and fingerprints taken.

How long will my application take?

This depends on the route you take and which visa category you currently hold, however, the process generally does not take any longer than 6 months.

Spousal visas

What is a spousal visa?

A spousal visa is a type of family visa which allows for the spouse of someone (who has the entitlement to permanent residency) to enter and live in the United Kingdom.

What will you need to prove?

  1. You and your partner are in a genuine relationship.
  2. One of the partners is allowed to live in the UK permanently – this is not limited to citizenship, this partner can have indefinite leave to remain or refugee status also.
  3. You or your partner earn at least £18.600 per annum – this is assessed through wage slips or bank statements.
  4. You and your partner have a residence to live in.
  5. The non-UK national in the pairing must prove that they can speak English – this is proven by taking an English language test. Alternatively, if the person has a university degree taught in English or they are a citizen of a country where English is spoken widely,

How long will the application take?

The application generally takes no longer than 12 weeks, some countries have an option for a fast tracked application for an extra cost.

What will the application give me the right to?

The application, if successful, will give you/your partner the right to stay in the UK for 33 months. Before this period ends, you/your partner must apply for an extension of the visa. Whilst the decision is being made on the extension, you/your partner can stay in the UK. After you/your partner stay in the UK for 5 years continuously, you/your partner can apply for indefinite leave to remain, which you can find out more about here.

Innovator visa

An innovator visa is a type of visa which allows you to set up or run a business in the United Kingdom.

Who may apply for an Innovator visa?

You may apply for an innovator visa if you are either looking to start your own business or join an existing business in the UK. However, your business and/or business idea must be assessed and provided an endorsement letter by an approved body.

Furthermore, if you are looking to start a new business, you must have at least £50,000 in investment funds. This is not a requirement if the business is already established and approved for earlier innovators visas. You also need to have had at least £945 in your bank account for 90 days prior to your application.

You may also need to prove your knowledge of English through an approved language test or having an academic qualification that was taught in English and is equivalent to a UK bachelor’s degree or higher. You are exempt from this if you are from one of the following countries: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA.

What is the process for applying?

You must submit your full application along with your detailed business plan three months before you plan to enter the UK. The application costs anywhere from £966 to £1277. If your application is successful, you will be valid to stay in the UK. Before your 3 years expires, you can also apply to extend and once you have stayed in the UK for 5 years you can apply for indefinite leave to remain or settlement. For more information on Indefinite leave to remain, click here.