Integrity with Professionalism

JMR SOLICITORS

We are well recognised, local and reliable immigration solicitors located close to Didsbury. We have handled thousands of cases and have given 100% unique and tailored advice to every one of our clients. We are personable, professional and have a team that will always be in your corner.

JMR Solicitors LLP was recognised by the Prime Minister, David Cameron himself, as the number 1 female led fastest growing business in the UK in 2015. This wasn’t done by accident, it comes our unique approach and belief that our clients are our most valuable assets; and we operate an open culture and a team based approach that reflects this.

Legal Services

IMMIGRATION SOLICITORS DIDSBURY

If you have an immigration issue, you may have a strict time-limit. At JMR Solicitors, we ensure to deal with your case quickly and efficiently to meet the Home Office deadlines. The Partners at the firm are specialists in UK Immigration Law Manchester and can help with all forms of general and corporate immigration as well as refugee and asylum law. The Partners at JMR provide professional advice that you can trust as well as being fluent in English, Urdu and Punjabi.

If you currently live outside the UK and want to either visit, study or work in the UK, you may have to apply for a visa from the British Embassy or High Commission in your country of residence. If you are coming to join relatives who already live in the UK, you will need to apply for the specific type of visa applicable to you and your current life situation. All applications need to be accompanied with evidence and here at JMR Solicitors, we ensure that every application contains all the evidence to meet the requirements, to give your application the best prospects of success for being accepted.

BUSINESS VISAS

JMR Solicitors can help you to understand which type of visa is needed for your individual circumstances, and are well practiced at dealing with visas for all kinds of businesses.

The different types of visas for business use are:

Tier 1 – Entrepreneur UK Business Visas

A Tier 1 Visa is suitable for foreign nationals who wish to come to the UK with large investments and start up a UK business of their own, or take control of an existing UK business without a sponsor. However, you must have a good working knowledge of the English Language and reach the requirement of 10 points of the PBS (Points Based System).

Tier 1 – Investor UK Business Visa

A Tier 1 investor UK business visa is suitable for individuals who plan to make investments in the UK. Although this is similar to the Tier 1 Entrepreneur UK Business Visa, the amount expected for this investment visa is more significant and there are no requirements in the type of business activities you may engage in.

Tier 2 – Work Permit UK Business Visa

A Tier 2 work permit is a UK Business Visa specifically designed for medium to highly skilled workers coming to the UK. This particular visa requires you to already hold an offer of employment from a UK company. For this type of visa, the application process is handled by the sponsoring company on the behalf of the individual that they are interested in employing.

Tier 2 – Intra Company Transfers UK Business Visa

A Tier 2 Intra Company Transfer Visa allows non-UK-Citizens to work in the UK branch of an overseas company. The individual applying for this type of visa must have been employed by the company for a period of at least 6 months. They must also be able to demonstrate a full working knowledge of the job role that they would be filling in the UK.

VISITOR VISA

As an applicant, you can apply for a Standard Visitor visa if you want to visit the UK and not settle for the following reasons:

  • For leisure
  • For business
  • For reasons such as receiving private medical treatment
  • The earliest you can apply is 3 months before you travel. You can usually stay in the UK for up to 6 months.

Visitor visas can be issued for longer periods of time, such as 1, 2, 5 or 10 years. However, these types of visas will only allow for you to remain in the UK for periods of no longer than 6 months at any one time.

You may be able to stay for a longer period if you are coming to the UK for private medical treatment. If this is the case then you may be entitled to stay in the UK for up to 11 months. If you are an academic on sabbatical and are coming to the UK for research then you may be able to stay for up to 12 months.

On a visitor visa you can:

  • Take part in sports or creative events and business activities mentioned in the Visitor Rules
  • Study for up to 30 days, as long as this is not the main reason for you coming to the UK
  • Take part in an educational visit or exchange program if under the age of 18
  • Convert a civil partnership into a marriage

On a visitor visa you cannot:

  • Do work, either paid or unpaid
  • Reside in the UK for a long time through multiple, frequent visits
  • Receive public funds
  • Marry or enter into a civil partnership

SPOUSAL VISAS

JMR Solicitors can help you to apply for the correct visa if you wish to join a spouse in the UK either temporarily or permanently, or to help you apply to remain in the UK with a spouse.

To visit a family member who lives in the UK permanently for up to 6 months, you will need to apply for a standard visitor visa. The details of applying for this visa can be found on our page visitor visa.

To visit a family member who lives in the UK permanently for 6 months or longer, you will need to apply for a ‘family of a settled person’ visa if you are from outside the European Economic Area or Switzerland.

Eligibility

Your partner must be:

  • A British citizen
  • Settled in the UK
  • Under asylum or humanitarian protection in the UK
    You must also:
  • Be over 18
  • Prove that your relationship is genuine and recognised in the UK, eg. That your marriage is legally recognised
  • Prove that you intend to continue to live with your partner in the UK after you apply
  • Prove that you and your partner will have an adequate place to live in the UK
  • Have a good working knowledge of the English language

Your application may be refused if you have:

  • A criminal record in the UK or elsewhere
  • Provided false or deceptive information to the Home Office
  • If you are engaged, you must be able to prove that you plan to marry within 6 months of your arrival in the UK. You also will not be allowed to work during your engagement. If you plan to bring children with you as dependants they must be under the age of 18. The children that you bring with you must be named on your application however you will need to make a separate application for them.

FAMILY IMMIGRATION AND CHILDREN

To visit a family member who lives in the UK permanently for up to 6 months, you will need to apply for a standard visitor visa. The details of applying for this visa can be found on our page visitor visa.

To visit a family member who lives in the UK permanently for 6 months or longer, you will need to apply for a ‘family of a settled person’ visa if you are from outside the European Economic Area or Switzerland.

Eligibility

Your family member must be:

  • A British citizen
  • Settled in the UK
  • Under asylum or humanitarian protection in the UK

You must also:

  • Be over 18
  • Prove that your relationship is genuine
  • Prove that you intend to continue to live with your family member in the UK after you apply
  • Prove that you and your family will have an adequate place to live in the UK
  • Have a good working knowledge of the English language

Your application may be refused if you have:

  • A criminal record in the UK or elsewhere
  • Provided false or deceptive information to the Home Office

If you are joining your parents in the UK you must:

  • Be under 18 years old
  • Live with your parent or parents when you arrive in the UK
  • Not be married, in a civil partnership or living an independent life
  • Not be reliant on public funds once you arrive in the UK and must be accommodated adequately.

If you are coming to look after your child:

  • Your child must be under the age of 18, live in the UK and is either a British citizen or be settled in the UK.
  • You must prove that either you are the only parent of the child and that you are the only person responsible for their care, or that your child lives permanently with another parent or carer who is with a British citizen or settled in the UK and not you partner, and that you want to help to raise them. To do this you will need to prove that you will have access to the child.
  • You must prove that you are taking an active role in the child’s life and upbringing
  • You must be able to support yourself without public funds and be able to accommodate yourself adequately.

If you are coming to be cared for as an adult dependent relative

  • You must be 18 years or older
  • You must be dependent on a family member (parent, son, daughter, grandchild, brother or sister) who lives permanently in the UK.
  • You must prove that you require long-term care to carry out everyday tasks due to illness, age or disability
  • You must prove that the care that you require is not available or is not affordable in the country that you currently live in
  • You must prove that the person who you will be joining will be able to support you financially, accommodate and care for you without the need for public funds for at least 5 years

EUROPEAN NATIONALS

Family members of European Economic Area (EEA) citizens will be admitted to the UK without the need for leave to enter or remain as long as they can prove that they are the family member of an EEA citizen. This is normally done through a passport and an EEA family permit, family residence card or a permanent residence card.

Other ways that you may be eligible:

Derivative rights of residence
If you are the carer of someone who has the right to remain in the UK, the carer’s child or are the child of an EEA citizen who has previously worked in the UK.

Surinder Singh judgement
If you are a family member of a British citizen who has lived and worked in another EEA country.

Retained right of residence
If you are the family member of an EEA citizen who has died, is no longer your spouse or civil partner or who has left the U

What does an EEA family permit do?

An EEA family permit will make it quicker and easier to enter the UK. Without one, you may face difficulties in getting a boarding pass and could experience delays. You may also be refused entry at the UK border without a permit.

  • The permit is valid for 6 months and you may leave and re-enter the UK as many times as you like within that time.
  • You may be eligible to stay in the UK after your EEA family permit expires.
  • You may be eligible to apply for a UK residence card which can last for up to 5 years. It may then be possible to apply for a permanent residence card.

STUDENT VISAS

Whether you will need a visa to study in the UK can depend on your nationality and immigration status. There is an online tool to help you figure out if you need a visa which can be found here: www.gov.uk/check-uk-visa

When should I apply?

Many students underestimate how long the visa process can take and end up leaving to little time to prepare. For this reason it is important to apply well in advance of when intend to commence your studies.

You can apply up to three months before the start of your course but we would recommend preparing and planning in advance of this. You may need to gather the documents that you will require which show your finances and educational qualifications, enrol your biometric information, attend an interview and/or take an English language test. It would also be a good idea to check with your individual institution regarding vaccinations and other medical requirements at this point.

The processing times may vary depending on the country that you are applying from, however you should get a decision within 3 weeks.

Eligibility

Eligibility differs for each type of visa, but generally you must have been offered a place on a course at an accepted institution.

What type of visa do I need?

The type of visa you should apply for will depend on the type of study that you wish to undertake.

If you wish to study a short course or an English language course for up to 11 months you will need one of the following:

Short-term student visa – If you are at least 18 years old and wish to study in the UK for up to 6 months. If you wish to study an English language course, you may extend this visa and stay for up to 11 months.
Short-term student (child) visa – If you are 17 years old or younger and wish to study in the UK for up to 6 months.
If you wish to study a longer course in the UK you will need one of the following:

Tier 4 (General) student visa – If you are at least 16 years old and wish to study in the UK.
Tier 4 (Child) student visa – For a child between the ages of 4 and 17 who wishes to study at an independent UK school.
English language tests

Some applicants for a Tier 4 (General) visa may need to prove their knowledge of the English language by taking an English language test as part of their visa application. Government guidelines are subject to change regarding the regulations and providers of the secure English language test (SELT). Please check with you educational provider for their English language requirements.

Healthcare charges

If you wish to come to the UK to study for longer than six months, you will need to pay an additional fee for the NHS health surcharge. The current rate for students is £150.00 per year and includes applications made from the UK and outside of the UK.

Bringing family members

Some international students may be able to bring dependent family members with them. If you are an EEA national, a Swiss national or a British passport holder then you may bring dependants with you while you study. For students from outside the EEA, you may bring dependants with you if:

  • You are sponsored by higher education institution studying on a course that is at NQF level 7 or higher that lasts for 1 year or longer. (NQF level 7 is equivalent to master’s, doctorate and other postgraduate courses)
  • You are a new government-sponsored student and your course last for longer than 6 months
  • You are on a Doctorate Extension Scheme
  • You must also be able to prove that your dependants will be supported while they are in the UK. You must be able to show that each dependent will have a certain amount of money available to them and that you can continue to support yourself.

Working on a student visa

Many students will be able to take part time or voluntary work while in the UK, but the number of hours and type of work that you will be allowed to undertake will depend on the type of visa you are studying on.

EEA, EU and Swiss students

If you are an EEA, EU or Swiss student you can work in the UK while studying, however students from Croatia may be subject to the Worker Authorisation Scheme. Details about how many hours and the type of work that you are allowed to undertake will be shown on your entry clearance vignette or biometric residence permit.

Tier 4 students

Ability to work on a Tier 4 student visa will depend on where you study and your individual visa status. Many students will be able to undertake 10 or 20 hours of work per week during term time and full-time employment during the holidays, depending on your level of study. Full details of your ability to work, how many hours and the type of work that you will be allowed to do will be disclosed to you once you have been granted your visa.

BRITISH CITIZENSHIP

The most common way of becoming a British citizen is through a process called naturalisation.

The requirements for naturalisation differ if you are a spouse of a British citizen, however if you are applying by yourself you must:

  • Be at least 18 years old
  • Be of good character, eg. You must not have a serious criminal record or a recent criminal record. This also applies to immigration offences within the past 10 years or if you have tried to deceive the Home Office.
  • Continue to live in the UK
  • Meet the knowledge of English and life in the UK test requirements

You must also have:

  • Lived in the UK for at least 5 years before you apply
  • Not have spent more than 450 days outside of the UK during those 5 years
  • Not have spent more than 90 days outside of the UK in the past 12 months
  • Have indefinite leave to remain in the UK or permanent residence if you are an EEA national
  • Have had your indefinite leave to remain in the UK for at least 12 months prior to your application
  • Not have broken any immigration rules while you have been in the UK

You can apply for British citizenship if your spouse is a British citizen and:

  • You are aged 18 or over
  • You are sound of mind, eg. You are able to make decisions for yourself
  • You are of good character
  • You meet the knowledge of English and life in the UK test requirements
  • You have been granted indefinite leave to remain, or permanent residence if you are an EEA national
  • You must have lived in the UK for at least 3 years before you submit an application
  • You must not have spent more than 270 outside of the UK during those 3 years
  • You must not have spent more than 90 days outside of the UK in the past 12 months
  • You must not have broken any immigration rules while you have been in the UK

REMOVALS, DEPORTATION AND APPEALS

Removal from the UK means that the Secretary of State has issued a Removal Notice informing an individual that they are required to leave the UK. This will usually occur when a person has no leave to remain as they have either overstayed on their visa or have entered the country illegally.

In this situation, that individual may apply to return to the UK, however since 2008 a person who has been removed from the UK may not re-apply for a period of either 1, 5, or 10 years depending on whether they left the UK voluntarily or not.

Deportation

On the other hand, deportation means that an individual is required to leave the UK and authority has been given for their detention until removal can take place. In this situation, a deportation order is issued.

A deportation order invalidates any leave to remain that an individual may possess, and re-entry into the UK is not authorised while the deportation order is in effect even if the individual holds a valid visa.

A deportation order is automatically issued under Section 32 of the UK Border Act 2007 if a person who is not a British citizen is either convicted of an offence and sentenced to a custodial sentence of at least 12 months or receives a custodial sentence of any length for a particularly serious offence.

The Home Office will also pursue deportation if recommendations have been made for an individual’s deportation, if it is required for the public good or if the individual is a family member of another who is being deported.

Exceptions to automatic deportation

Section 33 of the UK Border Act 2007 provides for the following exceptions:

  • Claims for asylum
  • Claims under the Human Rights Act 1998
  • If the individual has committed a crime while under the age of 18 at the date of their conviction
  • If the individual committing a crime is an EEA national or the immediate family member of an EEA national
  • Where there are mental health problems or the individual is recognised as a victim of human trafficking
    However, these circumstances are not a bar for a request for deportation to be made and the Secretary of State can still request their deportation.

The process of deportation

A notice of deportation will be issued and the Home Office will take into consideration the following:

  • Age of the individual
  • Length of residence in the UK
  • Strength of the individual’s connection to the UK
  • History, character, employment record of the individual
  • Domestic circumstances
  • Nature of any offences committed by the individual
  • Previous criminal record
  • Compassionate circumstances of the individual
  • Representations received on their behalf
  • Representations and appeals

It is at this point that a solicitor can help to make representations on the behalf of the individual facing deportation.

Before a decision is made, the Home Office will write to the individual to allow them time to make any representations, argue their case and provide any supporting evidence. Human Rights Representations can be made under Article 8 of the Human Rights Act 1998 which state that a person has a right to establish a private and family life. It is imperative that these representations contain as much detail as possible.

The Secretary of State will then issue a decision regarding the pursuit of the deportation after considering the representations. If the deportation is pursued, the individual has a right to appeal that decision.

ASYLUM AND POLITICAL REFUGEES

If you wish to stay in the UK as a refugee, you must have left your country and are unable to return there because of fear of persecution. You must also have failed to get protection from the authorities of your own country.

Reasons for persecution:

  • Religion
  • Nationality
  • Race
  • Political opinion
  • Membership of a social group that puts you at risk due to the cultural, social, political or religious situation in your country. For example, your sexuality, gender or gender identity

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