Gurkha Immigration {United Kingdom} Aschfords Law

The fearsome Nepalese soldiers have been part of the British Army for almost 200 years, their motto is "Better to die than be a coward". One might not remember the historical facts, but you will recall the fierce battle which took place to give retired Gurkha's the right to settle in the UK. In 2009, policies were incorporated to also allow those who had retired before 1st July 1997 to remain in the UK, together with their families.

A Gurkha Immigration must have served in the British Army for at least four years in order to apply for settlement in the UK. We believe that their dependents should be considered for the exercise of discretion under this category.

Applications may be submitted from spouses, civil partners, unmarried and same sex partners and dependent children under the age of 18, who wish to accompany or join their sponsor, the retired Gurkha, in the UK. If the Gurkha Immigration application is successful settlement will be granted in line with their Sponsor.

Furthermore, a widow or orphan of a Gurkha discharged prior to 1st July 1997 is eligible to apply under the discretionary arrangements. The discretionary arrangements also allow for adult children of former Gurkha's to be granted settlement in certain limited circumstances.

As a result of these policies under Gurkha Immigration, many former Gurkha soldiers are now able to settle in the UK with their family members.

If you would like to consider this option, which we understand can be a difficult decision with significant changes and consequences for you and your family, we strongly recommend that you seek legal Gurkha Immigration advice. Moving is not an easy step. You may encounter many problems and pitfalls; however, we are here to help you along the way and guide you through the entire application process.

Professional fees:

Normally, instructions in respect of all UK Gurkha Immigration matters are undertaken on the basis of an agreed fixed fee having consideration of the complexity of the matter and the level of expertise involved. All disbursements are additional such as the Home Office / Visa application fee and Immigration Health Surcharge fee. If we are unable to agree a fixed fee, our standard hourly rate will be £300 plus VAT (if applicable).

Our agreed fixed fee usually includes meeting with one of our experienced solicitors to establish the details of your case, advice on your option(s) and merits in the matter, guidance in collating supporting and relevant documents; preparing and submitting the application/representations with the Home Office / British High Commission in your home country and advising you on the likely outcome(s) of your matter.

Time scale:

Upon receiving instructions, we will provide you with an initial Gurkha Immigration service list of documents. Thereafter, we shall provide a comprehensive list of documents tailored to your individual circumstances. If your matter is urgent, it will be dealt with as a priority. As soon as we have received the requested information and supporting documents and we have reviewed your matter, we shall prepare and submit your application with the relevant Immigration department bearing in mind applicable deadlines. The timescale on when a decision will be received will depend on the type of application being made and backlog of the decision-making body. We shall keep you informed of the progress of your matter throughout the entire application process. 

Website: https://www.aschfordslaw.com/gurkha-immigration/

 

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/

When Is It Reasonable To Remove A Child Resident In The U.K For Seven Years Or More?

A new Immigration rule was introduced in 2012 which stated that if a foreign child had resided in the UK for at least 7 years & it was not reasonable to expect the child to relocate, they would be permitted to stay in the UK. It implied that the child’s parents would also be allowed to stay to look after the child.

The rules were similar if the child was British and it was not reasonable to expect the child to relocate with their foreign national parent.

Section 117B(6) of the Immigration Act 2014 reinforced this rule and stated that a person with a genuine and subsisting parental relationship with a child who had lived in the UK for 7 years or more or is British will be permitted to remain in the UK if it would unreasonable to expect the child to relocate.

In the recent case of MA (Pakistan) the Immigration Judge was of the view that in considering such cases significant weight should be given to the fact that a child has resided in the UK for 7 years and that there would have to be very good reasons for departing from this viewpoint and leave not to be granted.

At paragraph 46 of the judgment the Judge has stated the following:

…...the fact that a child has been here for seven years must be given significant weight when carrying out the proportionality exercise.……..After such a period of time the child will have put down roots & developed social, cultural & educational links in the UK such that it is likely to be highly disruptive if the child is required to leave the UK.

He goes on to say that “as a starting point that leave should be granted unless there are powerful reasons to the contrary” if the child has resided in the UK for seven years or more.

This case provides a good base for a more child centred approach to Immigration cases affecting children.

If you need a U.K immigration lawyer & need help 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 London, Family Solicitors Harrow, Wills & Probate, Litigation, Landlord & Tenant.

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