Immigration services

There are many routes to citizenship/nationality and your eligibility will depend on your personal circumstances such as age, immigration status and history, sufficient knowledge of the English language and “Life in the UK” test as well as any criminal history if you have any. You can either register as a British Citizen (for example, if you were born in the UK) or become a British Citizen by naturalisation (for example, after you settle in the UK).Registration as a British Citizen usually has less requirements in terms of knowledge of the English language and “Life in the UK” test, and you may be eligible for a fee waiver. Check if you can become a British citizen. We can advise you on every stage of this process and make sure you meet the most up to date eligibility criteria.

If you are eligible to apply, we can assist you in submitting an application , including all relevant information and documentation. UK Visas and Immigration (UKVI) will then review your application, as well conduct a background check. If your application for citizenship is approved, you may be invited to a local authority to undertake a citizenship ceremony where you will be issued with your Citizenship Certificate. You may then apply for a British passport.

If your application for citizenship is refused, there is no right to appeal this decision; however, it is possible to request a reconsideration of the decision. We can assist you with submitting a reconsideration on your behalf. If the reconsideration request is unsuccessful, then we can advise you further about the possibility to challenge the decision via Judicial Review or any other options available.

 You may be eligible to apply for indefinite leave to remain (ILR) if you meet the eligibility requirements and intend to stay in the UK. ILR gives you the right to settle in the UK and live here indefinitely. Once you have been granted ILR, your travel to and from the UK will not be restricted and you will be allowed to take up employment or business activities without requiring a work permit. For most cases you must have lived in the UK for a minimum period of time which is determined by your current and previous immigration status and history as well as any criminal offences if you have any. The Home Office would also consider your family life and may require you to have sufficient knowledge of the English language and “Life in the UK” test. The requirements can vary greatly and we would give you advice based on your personal circumstances. If your application is refused with right of appeal, we will assist you to challenge this in the First-tier Tribunal. However, if no right of appeal is provided, we will advise you the options avaialble. 

There is no longer any free movement of European Nationals and their family members to the UK following the end of the Brexit ‘Implementation period’ on 31st December 2020. Anyone who is a national of the EU, European Economic Area or Switzerland and was living in the UK prior to 31st December 2020 must now take steps to apply for pre-settled or settled status to continue living in the UK. However if you are already having indefinite leave to remain or you hold British/Irish citizenship then you do not need to make an application under this route.

If you have not lived in the UK for a continuous period of five years after your arrival before 31 December 2020, you will be given ‘pre-settled’ status when you make an application under the EUSS scheme. This will give you permission for five years from the date of the pre-settled status grant letter to live and work in the UK. Once you have completed five years of continuous residence you may then make an application for settled status which gives you the right to live and stay in the UK on a permanent basis without any time limit. Your five year period commences from the date that you entered the UK.

Family Members

Your family members can join you in the UK, if you’re an EU or EEA or Swiss citizen if you can establish the residency requirements. Only close family members may be eligible to join a citizen from the EU, EEA or Switzerland in the UK under the EUSS and include:

• Spouse
• Civil Partner
• Unmarried Partner
• Child, grandchild or great grandchild under 21 years old
• Dependant children over 21 years old
• Dependant parent, grandparent or great grandparent

It is important to mention that due to Brexit, it's now challenging to apply for family members. Most likely, the applications are refused and will require to challenge in the First-tier Tribunal. We will advise on illegibility criteria. The procedure for applying for your family members to join you will depend on whether your family member is from the EU, EEA or Switzerland or not. For family members from the EU, EEA or Switzerland they can apply under the EU Settlement scheme from outside the UK provided that they have a valid biometric type ID card or passport. If your family member is from a country outside the EU, EEA or Switzerland they can only apply under the EU Settlement Scheme if they hold a residence card, permanent residence card or a derivative residence card. If your family members do not have any of these documents they can apply for an EU Settlement Scheme family permit which will be granted for six months for them to come to the UK. On arrival in the UK the family must then make an application under the EU Settlement Scheme within three months.

You can make an application for pre-settled status online with evidence of your current UK immigration status. Depending on the complexity of your case, the Home Office may request further documentation including evidence of your employment or residence in the UK. Each case is unique and will be considered on its own individual facts and circumstances. Applicants must meet the requirements within the regulations and may also need to support this with documentary evidence including but not limited to payslips, P60s, bank statements, utility bills and any other satisfactory proof evidencing a genuine relationship.

If your application is refused, you may appeal this decision to the independent, First Tier Tribunal (Immigration & Asylum Chamber). We can assist with immigration appeals, from drafting grounds of appeal to preparing for a full hearing with representation as well arranging a suitable barrister.

On certain applications it may be possible to pay the Home office extra fees so they make a decision faster without the usual waiting times. We will inform you if this faster service is available for your applications and advise you which option to take depending on your personal circumstances. The full list of eligible applications for faster decisions can be found on the government website. 

Currently the fee for priority service is £500 in addition to the application fee. Using the ‘priority service’ means you’ll usually get a decision within 5 working days. Using the priority service usually takes up to 30 working days for Family visa applications from outside the UK. The time starts from either:

• the day of your appointment, if you prove your identity in person
• the working day after you finished uploading your documents, if you use the ‘UK Immigration: ID Check’ app

It can take longer, for example, if the Home Office needs to ask you for more information. You’ll be told whether you can prove your identity in person or using the app when you apply.

If you’re eligible you can choose the ‘super priority service’ if the Home Office makes the service available at the time of your application. You’ll need to pay £1,000 in addition to the application fee. How quickly you get a decision depends on when and how you prove your identity. You can prove your identity in person or in other cases using the  ‘UK Immigration: ID Check’ app if it is available. 

If you have family member applying with you, you’ll need to pay an additional fee for either the priority service or super priority service. Every family member will need to pay for a faster decision and also prove their identity. You’ll get a decision for everyone at the same time by email or post and this will explain what to do next.

For full details you can visit the government website and be aware that the prices and time to make a decisions can change. It can also take longer, for example, if the Home Office needs to ask you for more information or check your details with other government departments. You’ll be told if this is the case.

If you want to reside in the UK and meet the requirements for leave to remain (LTR) based on your family or private life then we can assist you in applying for an extension or first application on this route if you currently have a different immigration status. In most cases, for example as the parent of a child who is British/Settled you will be granted LTR on the 10 year route and in some cases, for example as a spouse of a British/Settled person you will be granted LTR on the 5 year route. There are also ways to apply for leave to remain for individuals who have lived in the UK for over 20 years. The type of LTR you are granted will depend on your family life, age, medical history, immigration history, Income, knowledge of English language, any criminal history if you have any and evidence of living in the UK.  If your application is refused we can assist with making further applications depending on what rights are given in the refusal decision. The rules can change and it is important to take into account the most recent information and guidance set by the government before making any application.

We can assist in applying for a family member to join you in the UK. If the immigration requirements are met we can lodge applications for spouse visa as well as any dependant visa for children. The requirements can change and we would advise you using the most recent guidance related to your personal circumstances so you can make the appropriate application. For full details visit the government website.

We can assist you with applying for a visitor visa to the UK. The decision maker will assess your application on the basis of your roots into your own country and why you will return after your visit to the UK. You will be required to evidence your employment, pensions, savings, properties and any family life in your home country. A visitor visa lets you visit the UK for a short period of time and in some cases, visitors may wish to make repetitive trips to the UK over a long-term period. There are different time period of visas you can apply to allow you to stay for a maximum of 6 months on each visit in any 12 months period, with visas lasting 1, 2, 5 or 10 years. The requirements are very strict and this type of visa is very limited in terms of the activities you can do while visiting the UK. The rules may change at any time and it is important to follow the most recent guidance on the government website.

In some applications where there are no requirements for income or savings to be met or if you have exceptional circumstances, we can assist you in applying for a fee waiver which will relieve you of having to pay the Home Office application fee and/or Immigration health surcharge if you are eligible. This application has to be submitted with your financial information and evidence to support your claim that you are unable to pay the Home Office application fees and/or Immigration health surcharge. Dependants including partner and children can be included on certain fee waiver applications if they are also intending to make further application to join or stay with you in the UK. 

You need to provide your last 6 months Bank Statements and Payslips with all your incoming and outgoing expenses. You will be required to explain the reasons for transactions of over £100 into your bank account. 

This application must be lodged before the expiry of your current immigration status to maintain that status while this application is pending. After a decision is reached on the fee waiver application, and if the Home Office accepts that you are unable to pay the Home Office application fee and/or Immigration health surcharge due to your financial situation then you will be granted the fee waiver and can lodge the immigration application without paying the Home Office application fee and/or Immigration health surcharge. The decision will grant you 10 working days to either make an immigration application without paying the fees or if your application is not granted you can still make the immigration application and pay the fees. 

If you are studying in the UK on a student visa, you may be eligible to live and work in the UK after you have successfully completed your studies. Depending on your course and results, you may apply for a graduate visa which lasts for 2 or 3 years. Ishwar solicitors can assist you in applying for this visa especially if you have complex circumstances, for example if your student visa expires before you get your results. We would advise you on the best course of action to take to secure your graduate visa. For more details about this visa, visit the government website.

Tier 2 visas are available to skilled migrants who wish to come to the UK or are already in the UK under a different immigration category (for example graduate visa) to take up a job that is eligible for skilled worker visa and have been offered that job by an employer who can sponsor their visa applications. We can assist you to switch to this visa or make the first application for entry as a skilled worker into the UK. You must meet the education and income requirements set for your type of employment, also having a certificate of sponsorship (cos) from your employer who must have a sponsor license. The rules regarding skilled worker visa change frequently as the demand for work in the UK shifts and the government adjust the requirements. It is also possible to apply for your partner and children to join you as dependants of a skilled worker provided they meet the strict guidelines. Some categories of work such as care workers may not allow for dependents to join you depending on your circumstances. Here at Ishwar solicitors we will advise you based on your personal circumstances and also help you make applications for skilled worker visa.

If your application in relation to immigration is refused you may be granted the right to appeal or right to administrative review. This will give you the chance to provide new information that was not previously available. We can assist with all appeal matters, from entry clearance refusals, extension refusals, other immigration related refusals and administrative reviews. Where applicants have not been given the right to appeal or if your case has been certified and been given an out-of-country right of appeal, you may possibly challenge this decision by way of Judicial Review. If an appeal against an immigration decision is dismissed in the First Tier Tribunal, then you may apply for permission to appeal to the Upper Tribunal. If the court agrees that there is an arguable error of law, then there will usually be a further hearing to argue the point and reconsider the case in light of the new information. The court may then decide to allow the appeal.

If you wish to challenge the lawfulness of a decision or action of the Home Office, or the Immigration Tribunal, and have exhausted all available alternative remedies, we can advise you on the consequences of applying for immigration judicial review and represent you in immigration judicial review proceedings. In most instances the judicial review application must be made promptly and must be sent or delivered to the Upper Tribunal so that it is received no later than 90 days after the date of the decision that is being challenged. In some complex cases the judicial review will have to lodged with the Administrative Court. If this is refused we can advise and further assist you with your next steps.