Personal Immigration

UK immigration law can be complicated and confusing. Immigration law comprises of Acts of Parliament, international laws, rules and guidance, as well as court and tribunal decisions. These are subject to change on a regular basis.

IHRC Legal advises on all aspects of personal immigration law and can help identify your best route to settlement. We have many years of experience helping achieve the best possible outcomes for our clients.

IHRC Legal understands that being without the correct immigration status can leave people and their families in difficult circumstances. We have the expertise to help vulnerable groups, including undocumented migrants, victims of domestic violence, and minors, regularise their stay in the UK. We also have extensive contacts with charitable organisations which provide other forms of essential support to those in dire need.

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The Immigration Rules allow for you to apply for your spouse or partner, fiancé or child to join or remain with you in the UK. Additionally, you can apply for adult dependent relatives to join you in the UK if they require long term personal care to assist with their everyday tasks due to their age, illness or disability.

The rules around family migration can be complicated, for example, the financial requirement, the requirement for your relationship to be “genuine and subsisting” and the requirement to show you have “sole responsibility” of a child.

IHRC Legal can assist you in navigating these complex rules and help you achieve the best possible outcome for you and your family.

If your circumstances do not fall squarely within the Immigration Rules, you may be able to apply for permission to enter or remain in the UK on the basis that a refusal would breach your human rights or that of a family member.

The two most common types of Human Rights applications are:

  • An application based on a person’s right to respect for private and family life in the UK – Article 8 of the European Convention on Human Rights
  • An application based on a person’s medical conditions, namely their return would amount to inhuman or degrading treatment, because of the disparity between medical treatment being received in the UK and that available in a person’s country of return – Article 3 of the European Convention on Human Rights

You may also be able to argue that your case is exceptional, and therefore merits a grant of leave to enter or remain outside of the Immigration Rules.

If you wish to study in the UK, you will need to apply for a Student Visa (16 or over), or a Child Student Visa (between 4-17).

You will need to show that you have been offered a place on a course by a licensed student sponsor and have funding for your fees and living expenses. In addition, if you are under 18, you will need your parent’s consent.

An Ancestry visa allows a person with ancestral link to the UK with the right to live and work in the UK on a long-term basis.

You may be eligible apply for an Ancestry visa if you have a grandparent who was born in the UK, Channel Islands, or the Isle of Man, and you are one of the following:

An Ancestry visa will allow you to live and work in the UK for up to 5 years. You may be eligible for settlement at the end of these 5 years.

Settlement in the UK is also referred to as indefinite leave to remain. Most people can settle in the UK after 5 or 10 years of continuous lawful residence, although some categories allow you to settle sooner.

In addition to suitability, eligibility and residency requirements, most applicants also need to satisfy the knowledge of the language and life in the UK requirement.

Any foreign national who is convicted of a serious criminal offence or receives a custodial sentence of at least 12 months is automatically liable deportation upon complete their prison sentence. This can be a stressful experience for individuals and their families.

The Secretary of State will issue a notice of intention to deport, at which point a person has a very short window to give reasons why they should not be deported. It is important to obtain legal advice as soon as possible.

If a deportation order has already been served, it may still be possible to apply to have it revoked.

There are many reasons why people may wish to visit the UK. A visit visa allows for short trips to the UK for tourism, visiting family, certain business or academic activity or to receive private medical treatment.

A visit visa can be 6 months, 2 years, 5 years or 10 years in length.

As there is no right of appeal against a decision to refuse a visit visa, it’s imperative that applications are prepared thoroughly to ensure the greatest chance of success.

The key issue most people face with visit visas is convincing the Home Office that they are in fact genuine visitors who intend to return home at the end of their visit.

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