Prior to 09 July 2012, the applicants were able to make an application on the basis of Private and Human Rights they had established in the UK through the course of their residence, work, having children in the UK and having strong connections with UK country. The Private Life Visa Applications were usually made under Article 8 of the Human Rights Act 1998.

From 09^th of July 2012, the Home Office has categorised Private Life and Human Rights cases and brought these matters to be considered under the Immigration Rules.

Now, in order to make any application as a parent of 7 years child route or on the basis that the applicant has a child who is either a British citizen; the parent must be able to fulfil the requirements of the relevant Immigration Rules under 7 years child route visa to continue their Private and Family Life in the UK.

PARENT OF 7 YEARS CHILD ROUTE VISA APPLICATION

The course must meet the following requirements  

Following persons may apply for leave to remain under Tier 2 General:

Tier 4 Degree / Post Graduation Courses

Those students, who wish to complete their degree level or above education will be able to stay in the UK for maximum period of 5 years. (there are exceptions for certain courses).

They must also meet the English language criteria i.e. competency at level B2. Only those students who are studying at public funded further education establishments will be able to work in the UK (max. 20 hours per week during term time).

TIER 4 G VISA APPLICATION (ENTRY CLEARANCE)

Maintenance Requirements in Tier 2 General Visa Applications

The Applicant must demonstrate that he/ she has access to at least £945 in their bank accounts for 90 days prior to the date of their Tier 2 General visa application. This requirement may also be met if the UK sponsor certifies the applicant for maintenance purposes when issuing Certificate of Sponsorship CoS.

Certificate of Sponsorship CoS

Once the sponsor [i.e. UK based licensed Employer] is allocated a sponsorship certificate CoS to employ an overseas national, based abroad or in the UK; they need to conduct the Resident Labour Market Test [if applicable] and issue CoS to the applicant. Tier 2 applicant is then required to make his entry clearance application or leave to remain if already in the UK and is able to switch.

Tier 2 Cooling Off Period  

The migrants, who had entry clearance or leave to remain as a Tier 2 G, are required to wait for at least 12 months, before they can apply for another term of employment upon completing their maximum allowable residence or leaving the UK earlier. This Tier 2 cooling off period is not applicable in certain cases.

Visa Duration for Tier 2 General Visa Applications

The maximum stay with a Tier 2 (General) visa in the UK is up to 5 years and 14 days, or the time given on the certificate of sponsorship plus 1 month, whichever is shorter.

Please note the Applicant can apply to extend the visa for up to another 5 years, as long as the total stay is not more than 6 years.

Dependents of Tier 2 General Visa

Tier 2 Migrants are allowed to invite their spouses / partners and children under 18 years of age to join them as their Tier 2 Dependents and they may also qualify for Tier 2 ILR upon completion of the required period of time. The dependents will be able to work in the UK.

Each Tier 2 Dependent must have access to at least £630 available to them at the time of their application, this is in addition to the £945 the applicant must have to support her/himself.

Refusal of Tier 2 General Entry Clearance

If the Tier 2 General visa entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the Tier 2 applicant will be given a right of Administrative Review AR of the decision that must be exercised within 28 days of the date of service of Tier 2 refusal decision. There will not be any general right of appeal against Tier 2 refusal decision made by the visa officer.

If the Administrative Review AR against Tier 2 General Visa refusal also fails, the matter then can be taken to the UK Upper Tribunal by lodging Judicial Review proceedings to challenge Tier 2 refusal decision and Administrative Review.

Refusal of Leave to Remain as Tier 2 General Migrant

If the Tier 2 further leave to remain application is refused by the Home Office, the applicant is granted right of administrative review against the Tier 2 Refusal that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against Tier 2 Refusal decision made by the Home office.

If the administrative review AR against Tier 2 visa extension application also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings against the Tier 2 leave to remain refusal and the Administrative Review.

If you want to know more about Child Visa Applications, Click Here

SUPER PRIORITY SERVICE FOR PARENTS OF 7 YEARS CHILD ROUTE

Super Priority service is also available for parents of 7 years child route application and extension of parents of 7 years child route applications. The applicants generally receive the decisions within 24 hours.

We have made numerous applications successfully using super priority service. We have successfully advised and represented parents who are eligible for 7 years child visa route application or extension of 7 years child application.

PARTNER APPLICATION ON 10 YEARS ROUTE

When the applicant is unable to meet the full requirements for leave to remain as a partner on 5 years route, the UK Immigration Rules allow the applicant to be given visa on 10 years route instead.

Prior to 09 July 2012, the applicants were able to make an application on the basis of established private and family life in the UK through the course of their residence, work, having children in the UK and having strong connections with the UK. The applications were usually made under Article 8 of the Human Rights Act 1998.

From 09th of July 2012, the Home Office has categorised private and family life applications and brought these matters to be considered under the Immigration Rules.

Now, in order to make any application on the basis that the applicant has a child living in the UK or there are some exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child; the Home Office is required to consider whether it is appropriate to grant visa on a 10 year route instead.

Factors to be considered for partner application on 10 years route

The Home Office considers the following factors while make a decision on an application made on the basis of exceptional circumstances (partner application on 10 years route):

There is a wealth of case laws of the superior courts which support such applications. We urge our clients to provide all the background information, all the possible relevant documents allowing us to advise and make appropriate representation. On that basis, we have had several partner application on 10 years route approved without the Home Office asking for any further information or documents.

Initial Partner Application on 10 years route

The applicant needs to make sure that he fulfills all the requirements of partner application on 10 years route and is able to provide the relevant documentary evidence. We discuss in detail about the background information of each and every partner 10 years route private and family life application.

We also advise our clients about the relevant documents, complete the application and draft our detailed representations in support of such partner application on 10 years route, as it is really important to have all aspects addressed fully.

If approved, the applicant will be given 30 months of leave on 10 years route, which means that he would need to apply for extension of his leave to remain as partner for at least 3 more times in order to complete 10 years of legal and continuous residence in the UK.

This is a complex part of immigration law and we strongly advise to seek professional help from.

Extension of Partner application on 10 years route   

If initial application has been approved, the applicant will need to apply for Extension of Partner application on 10 years route for another 30 months, granted on the same basis.

Super Priority Service for Extension of Partner application on 10 years route

Super Priority service is also available for initial and Extension of Partner application on 10 years route. The applicant generally receives the decisions within 24 hours. We have prepared and submitted numerous Extension of Partner application on 10 years route successfully using super priority service.

PRIVATE LIFE APPLICATION ON 10 YEARS ROUTE

Prior to 09 July 2012, the applicants were able to make an application on the basis of the fact they had established private and family life in the UK through the course of their residence, work and having strong connections with the UK. The applications were usually made under Article 8 of the Human Rights Act 1998.

From 09th of July 2012, the Home Office has categorised private and family life cases and brought these matters to be considered under the Immigration Rules.

Now, in order to make any private and family life applications, the applicant must be able to fulfill the relevant requirements of the immigration rules and fall under one of the following categories:

Continuous residence is considered to be broken when the applicant is

The applicant needs to provide evidence confirming that he has resided in the UK continuously for 20 years for him to be granted leave to remain under this category.

• Child under 18 years of Age having lived in the UK for 7 years

This category is for children who have lived in the UK for 7 years, including those children who were born in the UK and the ones who came to the UK and resided here for 7 years. Seven years of residence alone is not sufficient and it should also be explained that it is not reasonable to expect the child to leave the UK.

• Applicants above 18 and less than 25 years having spent half of their life in the UK

In these cases, it is considered that a child having spent half of his life in the UK would have established strong bonds and ties with the UK. It would not be reasonable to require them to leave the UK.

There have been several cases where the child accompanies parents as their dependent and later the parents’ immigration status becomes precarious and the child ends up in the same situation as his parents were in.

This immigration category is to cater to such cases where children (who become adults) have spent half of their lives in the UK, in recognition of their established private lives.

• Applicant having lived in the UK for less than 20 years facing very significant obstacles in moving back to home country

This depends on the question of fact whether the applicant is able to establish that though he has lived in the UK for less than 20 years he would face very significant obstacles in moving back to the home country.

The applicant is expected to provide original, independent, and verifiable documentary evidence to establish his case. “A very significant obstacle to integration” means something which would prevent or seriously inhibit the applicant from integrating into his home country.

The fact that the applicant may find life difficult or challenging in the country of return does not mean that he has established that there are “very significant obstacles to integration”. Following factors are taken into consideration in assessing the applicant’s integration in his home country, the list is not exhaustive though:

The courts are continuously in the process of defining “very significant obstacles” and have allowed several appeals where the applicants have been able to establish their cases.

Initial Private life Application

The applicant needs to make sure that he fulfills all the requirements of relevant private life applications and is able to provide the relevant documentary evidence confirming the same.

Making an application even a single day before completing the required time period i.e. 20 years or half of life or seven years, whichever the case may be, may result in refusal of the application.

If the Private Life application is approved, the applicant will be given 30 months of leave on 10 years route, which means that he would need to apply for extension of his leave to remain for at least 3 more times in order to complete 10 years of legal and continuous residence in the UK.

This is a complex part of immigration law and we strongly advise to seek professional help from.

Extension of Private Life Applications

If initial Private Life application has been approved, the applicant will need to apply for extension of his visa for another 30 months which will be granted on the same basis. Private Life applications may also be made using UK Visa premium service.

Super Priority Service for Private Life Application

Super Priority service is also available for initial and extension of Private Life applications and the applicants generally receive the decisions within 24 hours. We have advised numerous clients on their Private Life applications successfully using super priority service.

Refusal of Private and family life Visa Application

Following are the main reasons of refusal of private and family life visa application:

Insufficient Documentary Evidence

It is extremely important to provide all the required documents or information with the initial private life visa application or extension of private and family life visa application.

Otherwise one may have to either make a fresh application and pay the hefty fees once again or lodge appeal against the decision and wait for a prolonged period of time to have the decision overturned.

Every case is different and it is strongly advised to seek legal help in such matters.

Adverse Immigration History of the applicant

The immigration history of the applicant also gets relevant if he has been refused for any other visa application earlier and the Home Office considers the applicant more cautiously to assess the merits of the private and family life application.

ILR FOR PERSONS HAVING DISCRETIONARY LEAVE TO REMAIN

Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to take public funds. Here we will discuss about applying for ILR on the basis of having Discretionary Leave to remain in the UK.

What is Discretionary Leave to Remain in the UK?

Discretionary Leave is granted outside the Immigration Rules in accordance with Home Office policy. It must not be granted where a person qualifies for asylum or humanitarian protection (HP) or for family or private life reasons.

After How long can you apply for settlement?

 1) Time frame for Persons having DLR prior to 09th July 2012

The applicant will need to complete at least 6 years on DLR to become eligible for ILR on that basis.

The time starts from the date of issuance of first Discretionary leave to remain in the UK and any time taken to obtain second leave would be taken into account as well. The ILR application can therefore be made 28 days before completing 6 years on DLR in the UK.

2) Time frame for Persons having DLR after 09th July 2012

For those, who were given Discretionary Leave to Remain DLR in the UK after 09th of July 2012 would only be able to apply for ILR once they complete 10 years of residence in the UK.

Absence from the UK on DLR Discretionary Leave to Remain

For those applicants who are eligible to apply for ILR after completing 6 years on Discretionary Leave to Remain, the maximum number of absences allowed is 3 months in a year. Any periods of longer absence need to be properly explained.

The applicants are not allowed to add time spent on one any immigration categories.

For those applicants who are eligible to apply for ILR after completing 10 years on Discretionary leave to remain, the maximum number of absences allowed is 18 months in total. Any periods of longer absence need to be properly explained.

Dependents of DLR Migrants

All dependents of DLR Migrants who were given DLR along with the main applicant initially will also be eligible for ILR at the same time.

Super Priority Service for DLR

Super Priority service for DLR is also available for initial and extension applications and the applicants generally receive the decisions within 24 hours.

We have advised numerous clients on their DLR and DLR Indefinite Leave to Remain applications successfully using super priority service.

APPEAL AGAINST REFUSAL OF HUMAN RIGHTS APPLICATION

An application for initial visa application or extension of private and family life visa application or other human rights applications attracts full rights of appeal from inside the UK, except in certain circumstances.

 Time to Lodge Human Rights Appeal

The applicant has 14 calendar days to lodge appeal to the First Tier Tribunal (Immigration & Asylum Chamber) or 28 calendar days if the applicant is based overseas.

The Immigration Tribunals are quite strict in adherence to the time limits and one has to give a good reason, in case of any delays

 Grounds of Immigration Appeal against refusal of Human Rights Applications

One has to carefully consider and draft the grounds on which he may rely in his immigration appeal. This is an opportunity for the appellant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application.

It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of appeal is a specialized area of immigration work and should therefore be left for the experts to handle it.

Human Rights Visa Court Hearings – Bundle of Documents

Once immigration appeal is lodged along with the grounds of appeal, the Asylum and Immigration Tribunal schedules the appeal for a full court hearing.  Court hearings take place on the scheduled date and venue unless a very good reason is presented to seek adjournment of the court hearing.

The appellant or his legal representatives needs to prepare a bundle of documents for the upcoming hearing that is generally sent at least 5 working days before the court hearing.

The bundle should include the witness statement of the appellant or any other witnesses that the appellant wishes to present to the tribunal, a chronology of relevant events, skeleton arguments and all the documents relevant to the issues raised in the notice of decision or the reasons of refusal.

It is really important to advise the witnesses of the appeal to be well prepared for the hearing and what to expect on the court hearing date.

It has often occurred that the witnesses get confused or panic just because they were asked unexpected questions which they were not sure about or they were not advised anything about it.

Human Rights Appeal Immigration Barristers

We have several renowned immigration Barristers on our panel who have won a great number of Human Rights appeals for our clients. We really trust our team of barristers in representing our clients in the First Tier Tribunals.

We work in liaison with the best Immigration Barristers. It is equally important to prepare the client for the hearing at the First Tier Tribunal, advising them on what to expect on the court hearing and how to handle any unexpected questions