Asylum is an area of law that is largely governed by International Agreements with a high degree of discretion. Our Immigration advisers are able to guide you through this complex process of claiming asylum in the UK and can meet you for an initial discussion on what you can expect when you claim asylum in the UK. The UK is world-renowned for providing a safe place to those seeking asylum but the asylum application process can be complex and daunting. The UK Home Office will decide whether a person is in need of protection under the 1951 Refugee Convention, or if a person’s human rights are at stake. Knowing what rights and protections are available to you can help you to properly explain your situation to the Home Office.
British Nationality Law originates from medieval England. There has always been a distinction in English Law between the subjects of the King or Queen and aliens: the monarch’s subjects owed him or her allegiance and included those born in his dominions. The natural-born subjects and those who gave the Monarch their allegiance later, are known as Naturalised subjects or DENZIENS who thereby obtained certain rights otherwise only normally enjoyed by the King’s or Queen’s subjects, including the right to hold land. Natural-born subjects were originally those born within the dominion of the crown.
The Home Secretary has two main powers to deport Non-British Citizens from the UK and they are: i) Automatic Deportation-under section 32 of the UK Borders Act 2007; and ii) Deportation Powers encompassed in s. 3 (5) and (6) of the Immigration Act 1971. The UK Borders Act 2007 On 1 August 2008, the UK Borders Act 2007 came into force. This created an additional provision for ‘automatic’ deportation from the UK. In practice this means that section 32 of the UK Borders Act 2007 compels the Secretary of State to believe that a person’s deportation is beneficial to the public good if: They have been sentenced to a term of imprisonment of at least 12 months; or They have been sentenced to any term of imprisonment if their offence is one specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal).Thus, if a person is sentenced to12 months or more in prison, or any period for a specified offence, their deportation is automatically considered conducive to the public good, under the 2007 Act; and they are therefore liable to deportation under the 1971 Act.Section 33 of the UK Borders Act 2007 sets out a number of exceptions to the automatic presumption that deportation is conducive to the public good. Contact AAlex Law to see if you meet the exception and to discuss in more details if your case has a merit. Removal from the UK Alternatively, the UK Border Agency may seek to remove a person from the UK back to their country of origin.The UKBA often refuse passenger’s entry to the UK, or the UK Border Agency issue removal directions with very little notice. In certain cases the failure to grant entry or the intended removal from the UK will be unlawful. AAlex Law can assist you by making written submissions that if not accepted by the UK Border Agency can be challenged by way of Judicial Review, which is an action in the High Court to obtain an injunction. AAlex Law can also assist in cases where you have been issued a refusal decision by the UK Border Agency or the courts and need urgent advice and assistance in a very short time frame to comply with a deadline. Our 24 hours helpline is there to assist you in emergencies. Administrative Removal There are provisions under section 10 (1) of the Immigration and Asylum Act 1999 under which certain groups of people who are unlawfully in the UK may be exposed to Administrative Removal from the United Kingdom. These are persons who are not a British Citizensand may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if they have only a limited leave to enter or remain, they donot observe a condition attached to their leave or they remain beyond the time limited by the leave; or they have obtained leave to remain by deception; or they have been given directions (“the first directions”) for their removal, under this section 10 of the Immigration and Asylum Act 1999. The costs of removal from the United Kingdom under this section (so far as reasonably incurred) must be met by the Secretary of State. AAlex Law is your one stop solution for help and advice if you are subjected to Administrative Removal. Bail A commitment has been given by Ministers that detention will only be used as alast resort. The belief is to grant temporary release wherever possible but there will be circumstances when the Home Office would not consider temporary release proper. There are 4 types of Bail, namely bail by the Chief Immigration Officer which is within the first 8 days of detention. A Bail by the Secretary of State which is after the first 8 days, a Bail by the Immigration Judge and a Bail Police. AAlex Law is your one stop solution for all categories of Bail that you require.
The Immigration European Economic Area or EEA Regulations for short constitute the law that implements the right of free movement of EEA Nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC and it allows EEA citizens and their family members to live and work in the UK without explicit permission. Although Swiss citizens are covered by a separate bilateral agreement they are also treated basically the same as EEA nationals. Non- EU Family members need a special entry clearance known as the EEA Family Permit to enter the UK. The basis of the Immigration EEA Regulations 2006 is Directive 2004/38/EC. Member states are bound by the EC Treaties to implement Directives into the National Law.
The United Kingdom A country with one of the richest cultural heritage, the UK is certainly a place where everyone wants to live, or at least visit once. Whether it is the historic sites, landscapes, or modern and monarchy architectural wonders, everything about this country is awe-inspiring. Buckingham Palace, the Tower of London, The Big Ben, London Eye, Windsor Castle, 30 St Mary Axe, Stonehenge, and the list goes on. Life in the UK has its own meaning. Brits, despite being proud of their British citizenship, are usually modest and tolerant to foreign nationals. Being among the top economies of the world, the UK has no shortage of employment opportunities. As for the education, the British Education system has been seen as a benchmark for centuries. Oxford, Cambridge and other major universities of the UK have always allured foreign students. As demand for different types of UK visas continues to grow, the government has become more restrictive in granting them. Especially in the past few years, with new government in power, migrating to UK has become more difficult. Although, the government has imposed new regulations to stop illegal immigration, but the legal immigration channels have also been affected. From eligibility criteria to other visa requirements, everything about the UK immigration has become more challenging. In such a restrictive environment, it becomes almost a necessity to take assistance of immigration consultants. AAlex Law is your one stop solution for all kinds of UK visa needs. We have experienced immigration consultants who have the expertise to guide clients through the UK immigration process despite its restraining immigration policy. We first ensure that you are meeting all the visa requirements as per the new guidelines, explain you your Pros & Cons and then help you in preparing and lodging your visa application through the right channel. Immigration Law & Criminal Offences The area of Practice is concerned with Detention; Temporary Admission, Temporary Release on Restrictions and Temporary Bail; Deportation; Administrative Removal; Appeals; Public Funding in Immigration and Asylum Cases and Welfare Benefits. The Principle is that there are two ways of dealing with illegal immigrants: • Administratively by the Immigration Authorities, i.e. UK Border Agency Officers is it was known and now with the UKVI; or • By way of criminal proceedings. The Crown Prosecution Service (CPS) has piloted the administering of a simple caution to foreign national offenders committing document offences who consented to being removed on a voluntary basis. These pilots are continuing until new provisions in the Legal Aid and Sentencing Provisions Bill come into force, when the Directors Guidance on Conditional Cautioning will provide national guidance on this type of diversion. In general, even if criminal proceedings cannot be taken, a person may remain administratively categorised as an illegal immigrant and still be subject to deportation or removed by the Home Office under section 3(5) or section 4(2) Immigration Act 1971 (the 1971 Act). For example, entering without Leave – section 24 Immigration Act 1971, this offence came into force on 1 January 1973.The offence of entering without leave is committed only if no leave at all was granted. If leave was obtained by fraud, then prosecutors should consider an offence of obtaining leave by deception under section 24(A) of the Immigration Act 1971 in addition to offences under the Forgery and Counterfeiting Act 1981.This offence can only be committed by non-British citizens and requires proof that they knowingly entered the UK without leave of an immigration officer or in breach of a deportation order. The offence is committed on the day of entry only and is not a continuing offence. The offence is a summary offence; the maximum sentence on conviction is 6 months’ imprisonment or a maximum fine on level 4. Other Categories of Immigration Long Residence: The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here. Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 year’s continuous lawful residence or any other lawful residence over 10 years. Before 9 July 2012 it was possible to grant long residence after a period of 14 years continuous residence, but that provision was removed by changes to the Immigration Rules on that date. However, a person granted an extension of stay following an application made before 9 July 2012 can still be considered under the rules in force before that date. This means a person granted leave to remain on the basis of 14 years residence in the UK can still be granted ILR once the requirements are met. Private Life: The Rules on Private life were introduced from 09 July 2012 and are designed to infuse or permeate immigration with Article 8 ECHR. The 7 year child concession has been brought back but has been fully integrated into the Immigration Rules. Leave to remain on the grounds of private life in the UK is considered under Paragraph 276BE(1). Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements in paragraph 276ADE(1) are met or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v), were met in a previous application which led to a grant of limited leave to remain under this sub-paragraph. Such leave shall be given subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition under Paragraph 276BE(2). Where an applicant does not meet the requirements in paragraph 276ADE(1) but the Secretary of State grants leave to remain outside the rules on Article 8 grounds, the applicant will normally be granted leave for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.
Law of India refers to the system of law in modern India. India maintains a common law legal system inherited from the colonial period and various legislations first introduced by the British are still in effect in modified forms today. During the drafting of the Indian Constitution, Indian laws also observe the United Nations guidelines on human rights law and the environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India.Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, Sikhs, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. As of May 2010, there AAlex Law re about 1221 laws. However, since there are Central laws as AAlex Law ll as State laws, it is difficult to establish their exact numbers as on a given date and the best way to find the Central Laws in India is to contact us. AAlex Law is your one stop solution for all kinds of Indian land laws, civil and Criminal laws and any help you needs with regards to Indian Law in United Kingdom.
This route is for those seeking to enter or remain in the UK on the basis of their family life with a person who is a British Citizen, is settled in the UK, or is in the UK with limited leave as a refugee or person granted humanitarian protection (and the applicant cannot seek leave to enter or remain in the UK as their family member under Part 11 of these rules). It sets out the requirements to be met and, in considering applications under this route, it reflects how, under Article 8 of the Human Rights Convention, the balance will be struck between the right to respect for private and family life and the legitimate aims of protecting national security, public safety and the economic well-being of the UK; the prevention of disorder and crime; the protection of health or morals; and the protection of the rights and freedoms of others (and in doing so also reflects the relevant public interest considerations as set out in Part 5A of the Nationality, Immigration and Asylum Act 2002). It also takes into account the need to safeguard and promote the welfare of children in the UK , in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.
In 2008 the government established a Points Based System which is used to determine the rights of non EEA nationals to enter and work in the UK. The Points Based System replaced over 80 routes to work and study in the UK, including the work permit system, with five tiers (and several sub-tiers). 1. Tier 1: Highly skilled individuals to contribute to growth and productivity a) Tier 1 (General) b) Tier 1 (Entrepreneur) c) Tier 1 (Graduate Entrepreneur) d) Tier 1 (Post-Study Work) e) Tier 1 (Exceptional Talent) f) Tier 1 (Investor) Out of these Tier 1 (General) and Tier 1 (Post –study work has been permanently closed, only applicants under Tier 1 (General) can extend their stay. From 6 April 2018 applications for settlement will no longer be accepted in Tier 1 (General) category so those who wish to do so must submit a settlement application (ILR) on or before 5 April 2018 2. Tier 2: Skilled workers with a job offer to fill gaps in UK labour force a) Tier 2 (General)- this offers a route of Employment for medium to highly skilled workers who have received a job offer in the UK. b) Tier 2 (Intra Company Transfer)- this gives overseas company a route to transfer medium to highly skilled employees to work for the part of the same company in the UK. There are 4 types of Intra-company Transfer visa. i) Long-term Staff – This visa is for transfers of more than 12 months into a role that can’t be filled by a UK recruit. You need to have worked for your employer for at least 12 months. ii) Short-term Staff – This visa is for transfers up to and including 12 months into a role that can’t be filled by a new UK recruit. You need to have worked for your employer for at least 12 months. iii) Graduate Trainee – This visa is for transfers into graduate trainee programmes for specialist roles. You need to be a recent graduate with at least 3 months’ experience with your employer. iv) Skills Transfer – This visa is for transfers that allow people to gain skills and knowledge needed to perform their role overseas, or to pass on their skills to UK colleagues. You don’t need to have been with your employer for a set period of time. c) Tier2 (Minister of Religion)- this offer a Minister of Religion who have a pastoral role, a route to take employment within the faith community in the UK. English Language skills must be at B2 of CEFR(Common European Framework of Reference) because of the need to speak to and on behalf of the religious community. d) Tier 2 (Sports Person)- this gives elite players and highly skilled coaches a route to take up employment in the UK. The English requirement is A1 of CEFR. 3. Tier 3: this Tier is suspended with no immediate plans for introduction. 4. Tier 4: Students – Many students select tostudy in UK because of the most popular study destinations for education in the world. There are two categories in this route Tier 4 General student and Tier 4 child student 5. Tier 5: Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and the Tier 5 (Temporary Workers) which is made up of five sub-categories, in this category people are allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives these categories are as follows: 1. Tier 5 Youth Mobility 2. Tier 5 Temporary Workers a) Temporary workers – creative and sporting b) Temporary workers – charity workers c) Temporary workers – religious workers d) Temporary workers – government authorised exchange e) Temporary workers – international agreement
There are many different types of visit visa in the UK, depending upon the purpose of the visit. Not everyone who is coming for a short holiday or to visit friends or family requires a visa: whether or not you do will depend upon your country of origin. Visits may also be for business purposes, for study, or medical treatment or for marriage. EU nationals and their family members benefit from different arrangements. There were major changes in the Immigration Rules relating to visitors in November of 2008. The categories of visitors today are:- 1. General Visitors 2. Business Visitors 3. Permitted Paid Engagements 4. Prospective Entrepreneurs 5. Entertainers and Sportspeople 6. Visit visas for Chinese nationals 7. Special Visitors:- Child visitor Visits for private medical treatment Marriage or Civil Partnership Visitor Parent of a Child at School Student Visitors Prospective Students Visitors in transit
