UK Immigration: Indefinite Leave to Remain for Victims of Domestic Violence

Aschfords Law has an experienced Immigration team, well versed in assisting people from all walks of life secure leave to remain in the UK- including victims of domestic violence. This article will shed light on the immigration routes available for victims of domestic violence who are in the UK and wish to obtain leave to remain in their own right and not be dependent on their abusive partner.

What is domestic violence?

Domestic violence is not just physical violence it also includes coercive, controlling and threatening behaviour. Domestic abuse includes psychological, sexual, financial and emotional abuse.

Domestic violence is not just violence between men and women, but abuse between two people (regardless of their gender) who are partners or family members.

Partner of a British citizen

Persons with a UK Spouse Visa or leave to remain as the partner of a British national or partners of someone settled in the UK can apply for Indefinite Leave to Remain (ILR) in the UK if their relationship has permanently broken down due to domestic violence. To apply for ILR under this route you do not need to be married to the abusive partner, applications from unmarried partners are allowed, as long as you have leave to remain in the UK on that basis. You can apply for ILR as a victim of domestic violence even if your visa has expired, however, you should seek to regularise your stay as soon as possible.

In order to secure Indefinite Leave to Remain as a Victim of Domestic Violence the applicant will need to show -among other requirements- that they are in the UK and their relationship with their partner has permanently broken down due to domestic violence. The domestic violence does not need to have been perpetrated by the applicant’s partner, it could have been perpetrated by another family member e.g. parents in law.

Support workers and legal representatives are best placed to help with obtaining evidence of domestic violence. Proof of domestic violence could include (but is not limited to) medical reports, police reports, injunctions ordered by the court and letters from social services or domestic violence organisations.

The application fee for ILR as a victim of domestic violence is £2389. Therefore, applicants can apply for a fee waiver if they do not have sufficient funds to pay the Home Office fee.

The Home Office have acknowledged that when people leave their abusive partners, they may be destitute and unable to afford new accommodation. Especially if the abusive partner is controlling their finances. Therefore, in 2012 the Home Office introduced the Destitute Domestic Violence Concession- this gives applicants three months leave outside the rules and access to public funds. The Concession gives applicants access to financial support and accommodation whilst they prepare their application for Indefinite Leave to Remain as a Victim of Domestic Violence. 

Once an application for indefinite leave to remain in the UK has been submitted, the Home Office aims to issue a decision within six months.  If you have valid leave to remain in the UK, the conditions of your leave (e.g right to work) will continue whilst your application is pending.

Partner of an EEA national

If you are the partner of an EEA national and your relationship breaks down due to domestic violence you may apply for permanent residence if you or your ex-partner have lived in the UK for five years or more. You may also apply for a right to reside as the parent caring for the child of an EEA worker or retained rights of residence.

Options if you do not have any status in the UK

If you do not have any status in the UK, you may make an application for leave to remain based on your human rights e.g. your family and private life - especially if you have children in the UK-, long residence or leave outside the rules due to compassionate circumstances. It would be worth having a consultation with an Immigration Solicitor to assess which type of leave to remain is most suitable for you in light of your circumstances.

If you need a UK Immigration Lawyer and need assistance with any aspect of UK immigration law whether from inside the UK or from overseas, contact Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law (including divorce proceedings), Wills & Probate, Litigation, Landlord & Tenant.  You can contact Aschfords Law on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com

 

UK IMMIGRATION LAW AND RECOMMENDATIONS BY MAC

As the UK has left the EEA, the UK government has decided to overhaul some of the UK Immigration Appeal system with new policies, reforms and innovations specifically in connection with Skilled Migrant workers.  The UK government has decided to adopt some of the recommendations by the Migration Advisory Committee (MAC), which is an independent government advisory body on UK immigration. And although the MAC’s recommendations cover a broad spectrum of UK Immigration Laws, this article focuses on Skilled Migrant workers, specifically on what is known as the Points-Based System (PBS).

What is the current UK Immigration System?

Under the current skilled migrant worker route, EU nationals are not required to have a visa either to travel or work in the UK because they benefit from "freedom of movement" and only need to comply with a set rule to work in the UK. However, for skilled migrant workers coming from outside the EU, there is a system in place which is based on points. The PBS has four main tiers and to be eligible for a visa an applicant would be assessed and awarded points in certain criteria, such as specific skills, salaries of professions. The following are the four main PBS visa routes: Tier 2 General Migrant (Skilled workers), Tier 4 Students, Tier 5 Migrant and Tier 1 Investor Migrants. Under the Tier 2 Skilled worker routes, points are awarded if the applicant is sponsored by an Employer with a Sponsor Licence, is being paid the appropriate salary, meets the English language requirements and meets the Maintenance funds requirement. Applicants will therefore be granted visas if they gain enough points to take them above a certain threshold, and in view of some of the challenges applicants encounter regarding attaining the required threshold, the MAC recommended some changes to certain criteria of the threshold.

The current route Tier 2 General Migrant (Skilled worker route)

Skilled workers making applications for Tier 2 General visa would be required to gain 70 points on the following criteria: 30 points would be awarded for having a sponsor, 20 points for being offered the appropriate salary (current minimum threshold £30000), 10 points for having a certain level of English language skills and 10 points for having enough funds to maintain yourself once you arrive in the UK. If an applicant fails to gain the required 70 points, there is no way the applicant will be given a visa under this route. In view of these stringent criteria, the MAC has recommended some changes to the current requirements in order to make it easier for skilled and talented migrants to relocate to the UK to assist in building the UK’s economy as a result of Brexit.

What are some of the recommendations from MAC?

The MAC recommended that as a result of the UK exiting the EEA, the UK must reform its immigration system to be skilled-focused in order to attract high skilled migrant to medium-skilled migrants to relocate the country. They also recommended the abolition of the Resident Labour Market Test and implement a simplified process as the current process can be challenging; and also recommended a new work route for entry to the UK without a job offer (current route: Tier 1 (Exceptional Talent).

 

The MAC recommends amending or replacing the Tier 1 Exceptional Talent visa to provide a more adequate route for skilled workers without a job offer. The UK government has already accepted this particular recommendation and the route will be open to new applicants for what is known as the Global Talent visa route. Under this route applicants would not need a job offer to come to the UK, but rather the potential talented applicants must first secure an endorsement from their respective endorsing bodies before making the application. Please refer to our recent article published on 12 February 2020 under the caption: The UK welcomes the Global Talent visa.

What are the changes with the Minimum salary threshold?

MAC further recommended that the government maintain the salary threshold requirement. However, the government should lower the current minimum salary of £30,000 threshold for the admittance of a skilled worker from anywhere in the world, including EEA nationals, should be £25,600 and £17,600 for new entrants (currently £20,800) based on specific calculations, unless the relevant SOC code stipulates a higher minimum. This is significant if the UK government goes ahead and implement these recommendations as it would enable a number of UK employers to recruit more high - medium skilled migrants to relocate to the UK.

Who can I contact for legal advice?

If you need a U.K. immigration lawyer and need assistance with any aspect of UK Immigration Lawyer whether from inside the U.K. or from overseas, contact Aschfords Law in Harrow, London. We have experience in offering specialist advice in respect of all U.K. immigration matters and have insight to make the process as smooth as possible. We also provide legal advice and assistance in respect to Wills & Probate, Litigation, Landlord and Tenant. 

Please contact us today on: +44 (0) 7582932830.

WEB: https://www.aschfordslaw.com/

Protect Your Finances with A Pre-Nuptial or Post-Nuptial Agreement!

Pre-nuptial and post-nuptial agreements can be quite daunting and unromantic for soon to be married couples and newly married couples. However, it is important for both parties to carely consider what options are available to protect their financial assets before embarking on marriage.

One of the most common issues in divorce proceedings is how assets will be split between the ex-spouses, this is where pre- and post-nuptial agreements can make the situation easier.

What Are Pre- and Post-Nuptial Agreements?

A pre-nuptial agreement is an agreement entered into before marriage by both partners. The agreement provides a plan for what the couple will do with their finances and assets in the event that their marriage breaks down.

A post-nuptial agreement is a similar agreement entered into after the marriage has taken place.

What can Pre- and Post-Nuptial Agreements cover?

These agreements can cover a wide range of assets, commonly they set out what should happen to your property, savings, pension, family heirlooms, debts and any assets bought during the marriage.

Are pre-nuptial or post- nuptial agreements legally binding?

In England and Wales, pre-nuptial and post-nuptial agreements are not legally binding, however, the Court has a duty to take them into account when deciding how assets should be divided in the divorce. Often a pre/post-nuptial agreement will be persuasive to the Court.

At the divorce stage, the Court will consider whether the agreement made between the parties is fair for them and their children. Therefore, it is very important that before entering into such an agreement both parties obtain independent legal advice from separate solicitors. This is to help ensure that both parties understand the implications of the agreement.

When deciding whether to uphold a pre-nuptial or post-nuptial agreement the Court will need to be satisfied that neither party was under duress or undue influence. Due to this, it is ideal to consult a solicitor for legal advice at least three months before your wedding.

Why get a pre-nuptial or post-nuptial agreement?

It is a common misconception that pre- and post-nuptial agreements are only for celebrities or high-net worth individuals. The reality is that such agreements can benefit a wide range of couples- especially young professional couples without children who have accumulated savings from their earnings or parents. Such agreements are especially ideal for people who wish to protect inherited family heirlooms that have been passed down over many generations.

Pre- and post-nuptial agreements may also be ideal for couples who have been married before and wish to ring fence their assets for their children.

Who can I contact for legal advice?

If you need a U.K. family lawyer and need assistance with any aspect of U.K. divorce law, contact Aschfords Law in Harrow, London. We have experience in offering specialist advice in respect of all family matters and have insight to make the process as smooth as possible. We also provide legal advice and assistance in respect to Wills & Probate, UK Immigration Harrow, Matters related to Children, Litigation, Landlord and Tenant.

Please contact us today on: +44 (0) 7582932830, 020 3002 9147. Or visit our website at https://www.aschfordslaw.com/ 

UK immigration lawyer Ruislip

At the immigration law firm Aschfordslaw, our expert solicitors will help you with all types of immigration services and appeals. Our services are tailored to meet the individual need. We assist corporate clients, families, businesses and individuals to fulfill their need. If you are looking to get UK immigration lawyer Ruislip, contact us today.

UK Immigration Uxbridge

On the off chance that you are confronting issues in applying the UK Immigration Uxbridge visa, then reach to Aschfordslaw. Our UK Immigration Lawyer London, would help you to meet every one of the prerequisites and get you one.Aschfordslaw has been solving the issues of peoples in taking care of their UK movement issues.

UK immigration lawyer Uxbridge

UK Immigration lawyer Uxbridge authorities in British Citizenship, UK business visas and Spouse or Civil Partner Visas.Uxbridge home ownership/property, age apportionment, prosperity, benefits/unemployment, movement, occupations and preparing/schools estimations.

UK immigration appeal lawyer

We have a pro group of UK immigration appeal lawyer movement specially in Ealing and Hayes.Aschfordslaw is offering an extensive variety of lawful administrations at aggressive rates.

Gurkha Immigration

We are providing Gurkha Immigration free help to people groups who are considering to prepare and submitting visa applications for uncertain leave to enter in the UK.

Brexit - EEA Nationals: The Impact On Your Immigration Status

It is not clear exactly when the Brexit will occur but many EEA nationals will be anxious about their Immigration status. As of now it is unclear as to when and what changes will occur in relation to migration between Europe and the UK. However, nothing is going to change for at least 2 years as there is still a lot of negotiation to be done between the countries.

As a European national you can be in the UK without holding any documents to confirm your Immigration status in the UK. If you have obtained a residence card or permanent residence to show your right to remain in the UK it is unlikely that the brexit will affect you. However, the brexit brings with it much uncertainty about the future of EEA nationals without any documentation to confirm their Immigration status. Therefore if you have resided in the UK for more than 5 years and have been exercising treaty rights then it may be a good idea to apply for permanent residence. Once you have obtained permanent residence then you would need to wait a year before you are eligible to apply for naturalisation.

Judicial Review Fees: Recently it has been announced that the fees for the permission stage of Judicial Review applications will be rising by 10%. To apply for permission to make an application for Judicial Review the fee has increased from £140 to £154. The fees have also increased for an application to reconsider a refusal of a permission application and also for proceeding to a full hearing if permission has been granted from £350 to £385.00.

Landlord and employer checks: For a long time it has been illegal to both employ or rent a property to someone who is subject to immigration control. However, recently the Home Office have become extremely strict on this requirement, landlords and employers are expected to complete right to rent and right to work checks. If employers and landlords do not follow the procedures then they risk facing a penalty which could be a fine but could now also result in imprisonment if they are found to have employed someone without any legal status in the UK.

Increase in application fees: Since the 18th of March this year, there has been a substantial increase in most application fees to the Home Office. An example would be the fee for applications for Indefinite Leave to Remain which has gone up by £375 from £1500 to £1875 or the fee for further leave to remain applications which has gone up from £649 to £811.

English Language: Since November 2015 there has been a major change to the rules on which English Language tests meet the requirement for Home Office purposes. Now only two English language test providers; Trinity College London and Cambridge English Language Assessment are accepted by the Home Office. Furthermore, all English Language tests have been given a validity of only two years. However, in certain circumstances you may still be able to utilise the test certificate which you provided in a previous application. This is applicable in a spouse extension application if you had previously completed a test at the required A1 level.

Recent Case Law on Elderly Dependant Visas: There is some positive news at this end. There has been a recent case in which the applicant won under Article 8 of the Human Rights Act 1998.

If you require a UK immigration lawyer Uxbridge for assistance with any of the matters above or with any aspect of UK immigration law whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law, Wills & Probate, Litigation, Landlord & Tenant.

Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com

10 Points To Consider When Thinking Of Litigating

• Do you have a good case?

• Have you made a final demand in connection with your dispute?

• Have you tried to settle the dispute by compromise?

• Will you be able to collect a judgment if you win?

• Do you have the money to pay a lawyer to handle the lawsuit?

• Do you have the time and resources to devote to a lawsuit?

• Are you within the applicable "statute of limitations"?

• where will you be able to sue jurisdiction?

• Is your claim small enough to bring in "small claims" or "High court”?

• If you bring your claim in small claims or high court, will you represent yourself? - Get some legal advice and guidance to it.

If you require a solicitor for assistance with any of the matters whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law, Wills & Probate, Litigation, Landlord & Tenant and UK immigration lawyer Uxbridge.

Please contact us today on +44 (0) 7582932830 or visit our website on, www.aschfordslaw.com

Brexit: Should we stay or leave?

On 23 June 2016 the British electorate will be asked whether the UK should remain as a member of the European Union. The issue of Immigration will play a significant role in the decision.

The UK is part of a single market which provides for free movement of people, goods and services within the European Union. While there are numerous advantages to being part of the Union, it also brings certain responsibilities; Currently British citizens can work, stay or study in any member state which means that citizens of those states can also do the same in Britain.

Exiting the Union could result in the loss of millions of jobs, a higher cost of goods and the probability that the UK would have consent to both free movement and some form of EU budget contribution.

On the other hand many believe that leaving the EU will be beneficial in a number of ways, including more control over borders which will enhance security and Immigration oversight as well as relieve the pressure on the NHS.

Migration from the EU to the UK has significantly increased in the last 10 to 15 years. Net migration reached a record high in the year to June 2015. 180,000 of 336,000 migrants were from the EU, which is more than half.

The UK would first need to determine how to manage EU nationals currently exercising their treaty rights in the UK, as well as UK citizens residing in Europe. It is unlikely that sudden large deportations on both sides of the Channel would occur if we were to leave the EU as so many British citizens live across Europe. Therefore some sort of Immigration agreement would have to be reached if the U.K decides to leave.

Many feel politically more secure with better opportunities in the larger marketplace and they fear institutional racism will be kept in check with the highest court being offshore rather than in Britain.

Therefore there are many benefits and drawbacks to leaving the EU and if the UK does leave then many Immigration systems will have to change to allow for migration into the EU and into the UK for European citizens.

If you need a UK immigration lawyer London & need assistance with any aspect of UK immigration law whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law, Wills and Probate, Litigation, Landlord & Tenant.

Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com

U.K Immigration Proposed Appeal Fee Increases

In April 2016, the Government made proposals to increase Immigration appeal fees by nearly five times what it is today. The purpose behind this proposal is to make the Immigration Tribunal entirely self-funded.

The fees for an appeal on paper at the First Tier Tribunal is proposed to increase from £80 to £490 and from £140 to £800 for an oral hearing. There is also a proposal to introduce a fee of £455 for an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

The proposal also includes fees for appeals to the Upper Tribunal with a fee of £350 for a permission application to the Upper Tribunal. If the appeal hearing goes ahead after permission is granted then another fee of £510 will be payable.

The suggested advantages of this proposal is that the number of appeals will decrease and the impact assessment assumes that there will be a 20% reduction in the number of appeals. However, many will be unable to afford the fees to appeal and thereby lose a great opportunity to battle their case. This would clearly not be in the interest of justice.

Even people appealing with an out of country right of appeal and who are not even present at the hearing will have to pay the higher fees.

If an appeal succeeds the Home Office will repay the appeal fee as is currently the case.

If you need a U.K immigration lawyer and need assistance with any aspect of UK immigration law whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law, Wills & Probate, Litigation, Landlord & Tenant.

Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com

Social Voice With Syeda Saeeda Rizvi

" Shalini V Bhargava managing partner of Aschfords Law live on Sky channel 826 on the 27th Seotember 2015"

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Gurkha Immigration – Get Advice For Ex-Gurkhas And Their Families

The fearsome Nepalese warriors have been a piece of the British Army for very nearly 200 years, their witticism is "Better to die than be a coward". One won't not recollect the authentic realities but rather you will review the savage fight to give resigned Gurkhas the privilege to settle in the UK. In 2009, plans were made additionally to permit the individuals who had resigned before July 1997 to stay in the UK, together with their families.

In any case, a present Home Office rule declines inconclusive leave to more than 18s not officially present and settled in the UK, who don't qualify under particular migration leads, and have not previously been conceded leave to enter or stay "as a family unit".

As an aftereffect of enactment in the U.K movement law, numerous previous Gurkha officers are currently ready to settle in the UK.A Gurkha must have served in the British Army for not less than four years to apply for gurkha immigration in the UK. Besides, you can apply for settlement, if you are a lawful companion or widow of a Gurkha officer. We can likewise help children of previous Gurkha fighters to settle in the UK.

Regardless of whether you take up this alternative is, obviously, a troublesome choice that has broad results for you and your family. We emphatically suggest that, before coming to a choice you look for guidance. Moving is not a simple stride; there are numerous issues and pitfalls along the way. If you choose to settle in the UK, kindly don't hesitate to get in touch with us for help.

For more information, visit: http://www.aschfordslaw.com/gurkha-immigration.html