Indefinite Leave to Remain

Overview

Indefinite Leave to Remain (ILR) is a type of settlement status in the UK that allows a non-EEA (European Economic Area) national to live and work in the UK without any time restrictions. Once you have ILR, you are free to live, work and study in the UK without any restrictions.

Eligibility Critearea

To be eligible for ILR, you must have lived in the UK for a certain period of time, typically for a minimum of five years, depending on your visa type. You must also meet certain requirements, such as passing the Life in the UK test and meeting the English language requirement.

There are several routes through which you can apply for ILR, such as the Skilled Worker visa, Tier 1 Investor visa, and the Tier 2 General visa. You can also apply for ILR on the basis of long residence if you have lived in the UK continuously for 10 years.

It’s important to note that if you spend too much time outside of the UK during the period of your visa, your application for ILR may be denied. Additionally, if you have a criminal record or have violated any immigration laws, you may not be eligible for ILR.

If you’re granted ILR, you will be able to apply for British citizenship after one year. British citizenship will give you additional benefits such as the right to vote, the ability to apply for a UK passport, and unrestricted rights to live and work in the UK.

Please contact Montague Solicitors for more information

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    Family Reunion

    Overview

    Family reunion in the UK refers to the process of reuniting family members who have been separated due to immigration or other reasons. The UK government recognizes the importance of family unity and has established rules and regulations to enable family members to join their loved ones in the UK.

    How it Works

    Family reunion can be possible for those who are in the UK as refugees or have been granted humanitarian protection. They can apply for their family members to join them in the UK under the Family Reunion Immigration Rules. Under these rules, the family members who can apply to join include the spouse or partner, children under 18 years of age, parents and grandparents. The process requires the family member in the UK to make an application on behalf of their family member abroad, and certain criteria must be met.

    For those who are settled in the UK, such as those who have been granted Indefinite Leave to Remain, they can also apply for their family members to join them under the Immigration Rules. The family members who can apply to join include the spouse or partner, children under 18 years of age, parents and adult dependent relatives.

    It is important to note that the rules and requirements for family reunion can be complex and may vary depending on the circumstances of each case. It is recommended to seek legal advice from a qualified immigration lawyer to guide you through the process and increase your chances of success.

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      Immigration and asylum appeals

      Immigration and asylum appeals in the UK refer to the process of challenging a decision made by the Home Office regarding an individual’s immigration status or asylum claim. An appeal can be made to the First-tier Tribunal (Immigration and Asylum Chamber) within a certain timeframe after receiving the decision. The tribunal will review the decision and may either uphold or overturn it. If the decision is upheld and the individual disagrees, they may have the option to appeal to the Upper Tribunal. It’s important to note that the appeals process can be complex and it’s highly recommended to seek legal advice and representation from a qualified immigration lawyer.

      Process

      The process for immigration and asylum appeals in the UK can vary depending on the specific circumstances of each case. Generally, the process involves the following steps:

      1. The initial decision: The first step is the initial decision made by the Home Office or UK Visas and Immigration (UKVI) on an individual’s immigration or asylum application. If the application is refused, the individual will be informed of the decision and provided with reasons for the refusal.
      2. Appeal: If an individual disagrees with the decision, they can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days of receiving the decision. The appeal must be made in writing and include the reasons for the appeal.
      3. Hearing: The Tribunal will review the appeal and may schedule a hearing to allow the appellant to present their case in person. During the hearing, the appellant will have the opportunity to present evidence and argue their case.
      4. Decision: After considering all the evidence, the Tribunal will make a decision and provide written reasons for their decision. If the appeal is allowed, the individual’s application will be approved, and they will be granted leave to remain in the UK. If the appeal is dismissed, the individual’s application will be refused, and they will need to leave the UK or consider other legal options.
      5. Further appeal: In some cases, if the appellant disagrees with the decision made by the First-tier Tribunal, they can make a further appeal to the Upper Tribunal. However, permission to appeal must first be obtained from the First-tier Tribunal or Upper Tribunal.
      6. Judicial review: If all appeal options have been exhausted, an individual may still have the option of applying for a judicial review of the decision. This involves seeking a review of the decision by a higher court, such as the High Court or Court of Appeal.

      It’s important to note that the process for immigration and asylum appeals can be complex and challenging, and it’s recommended to seek the assistance of an experienced immigration lawyer to guide you through the process.

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        Global Business Talent Visa

        Overview :

        You can apply for a Global Talent visa if you work in a qualifying field and have
        been endorsed:

        • as a recognised leader (exceptional talent)
        • as an emerging leader (exceptional promise)
        • under the UK Research and Innovation endorsed funder option

        Eligibility

        To get a Global Talent visa, you need to apply to be endorsed:

        • as a leader (exceptional talent)
        • as an emerging leader (exceptional promise)
        • under the UK Research and Innovation endorsed funder option

        Your application will be reviewed by an organisation that’s related to your
        qualifying field, called an endorsing body. The endorsing bodies are:

        • The Royal Society, for science and medicine
        • The Royal Academy of Engineering, for engineering
        • The British Academy, for humanities
        • Tech Nation, for digital technology
        • Arts Council England, for arts and culture
        • UK Research and Innovation (UKRI), for research applicants

        The endorsing bodies for science, engineering, humanities and medicine accept
        applications from applicants who are active researchers in academic, industry or
        government research institutions, in a range of disciplines in the areas of science,
        engineering, humanities and medicine.

        Application Process

        You need to complete 2 stages to get this visa.
        You need to:

        • apply to the Home Office for endorsement as a leader or an emerging leader in
          your particular field
        • apply for the visa

        Most people apply for endorsement first, but you can complete both applications
        at the same time. However, if your endorsement is refused, your visa application
        will also be refused and you will not get any money back for either application.

        Stay & Duration

        How long it will take?

        After you get your endorsement, the earliest you can apply for a visa is 3 months
        before you travel.
        Example: You can apply from 16 March if you plan to travel on 15 June.
        You should get a decision on your visa within 3 weeks when you apply from
        outside the UK.

        How long you can stay?

        You can apply to stay for between 1 and 5 years. You only have to pay
        the healthcare surcharge for the amount of time you choose to stay.
        You can apply to extend your visa as many times as you like. Each extension can
        last from 1 to 5 years.
        You can apply for settlement once you’ve been in the UK for:

        • 3 years with an exceptional talent visa
        • 3 years with an exceptional talent endorsement in science
        • 3 years with an endorsement under the UKRI endorsed funder scheme
        • 5 years with an exceptional promise endorsement in either a

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          Sponsor Licenses - application, extension and revocation

          Overview

          Our London-based team of Business Immigration Solicitors possess the expertise and experience necessary to offer comprehensive advice on business immigration applications and related matters. Depending on your unique circumstances, there are a variety of business visa options available for entry into the UK, and we work directly with both UK-based and overseas businesses to ensure their immigration requirements are met. Our experienced solicitors can assist with recruiting foreign workers, establishing UK branches of overseas companies, and facilitating intra-company transfers, among other services. We cater to a range of businesses, from individual investors and entrepreneurs to small and medium-sized enterprises and multinational corporations. Given the legal risks involved in the visa application process, businesses must exercise caution when applying, as the consequences of errors or oversights can be significant. By entrusting your case to our team of professionals, who boast a wealth of knowledge and experience in the field, you can rest assured that your application will receive the attention and care it requires, improving the likelihood of success. At Montague Solicitors, we assume responsibility for your business immigration matters, providing you with sound advice that saves you time, money, and frustration. Take advantage of our Free Consultation service today to speak to one of our Immigration Solicitors in London and experience firsthand our knowledge, responsibility, and commitment to handling your case.

          UK SELF SPONSORSHIP VISA:

          For business people who wish to work for their own business in the UK, there is an alternative option available where they can sponsor themselves from their own business. This option is called the UK Self-Sponsorship Visa, which provides the benefit of permanent residency and British citizenship for both the applicant and their family.

          To qualify for this visa, you must meet the following key requirements:

          1. Invest in an existing business or set up a new one,
          2. There is no minimum or maximum investment requirement,
          3. Have a UK resident who is either a settled person or a British national that can fulfill the duties of the Authorising Officer,
          4. Apply for a sponsorship license for your company to sponsor yourself,
          5. Pass the B1 English language test or hold a degree-level academic qualification that was taught in English – if you studied abroad,
          6. Meet the maintenance requirements,
          7. You will be eligible to apply for Indefinite Leave to Remain (ILR) after 5 years.

          UK EXPANSION WORKER VISA:

          With the closing of the Tier 1 Investor and Overseas Representative visas in early 2022, options for business immigration into the United Kingdom leading to Indefinite Leave to Remain (ILR) have become limited. However, the UK Expansion Worker visa route has emerged as a viable option for High-Net-Worth Individuals, Entrepreneurs & Business Owners, and is considered the “successor” to the Sole Rep visa.

          Navigating the Sponsor Licence, UK Expansion Worker visa and switching to the Skilled Worker visa may seem complex, but Montague Solicitors can handle all the various application steps and processes. The benefits of this route to ILR include managing a UK branch of an existing Overseas Company, no single applicant limit, fewer English Language requirements, no shareholding limitations, no restrictive criteria, and eligibility for ILR after approximately 6 years.

          However, there are several reasons why a visa application can be denied, including criminal records, immigration violations, incomplete or incorrect forms, and insufficient funds. All visa applications require full disclosure of any relevant facts, and applicants may need to submit additional documents within a specified timeframe. Additionally, visas can be denied if required documentation is missing, medical exams are not passed, or job skills do not match the job role. Unfortunately, in some cases, applicants are not given a reason for their visa refusal, as the UKBA has the discretion to grant or refuse any visa application based on public interest.

          Contact Us

          If you would like to learn more about how Montague Solicitors can assist you please get in touch using either the contact details below or the form provided.

          020 7226 8238 | info@montaguesolicitors.co.uk 

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            Magistrates and Crown Court & police station representation

            Under Investigation

            If you are under investigation by authorities, whether regulatory or law enforcement, securing legal advice to allay your concerns, formulate a game plan, and ensure you take the correct next steps is vital. Being subject to an investigation is inevitably stressful; stay fully informed and ensure you know your legal position by instructing us to assist.

            Montague Solicitors has extensive experience dealing with various investigatory bodies. We will ensure you receive the support and backing you need to face down an investigation, and should matters escalate we will remain by your side.

            At the Police Station

            Whenever you are interviewed under caution you should have legal representation. The interview is conducted for the benefit of the investigator, not the suspect. That interview may take place when the suspect is under arrest or where the suspect attends the interview voluntarily (referred to as a Caution Plus 3 interview). It is a common misconception that if a suspect is not arrested, being accompanied by a lawyer is less important. If you have a police station interview upcoming contact us for advice without charge on how you should approach it.

            Contact Montague Solicitors and we will send an experienced representative to advise you of your rights and how to respond when questioned. The same applies if the interview under caution is being conducted by any other regulatory authority such as a local authority. If in doubt, reach out to us for direction on your options.

            At the Magistrates’ Court

            All criminal cases begin in the magistrates’ court and more than 90% conclude there. For a bail application, plea in mitigation or trial, we will support you through the proceedings with proficiency and commitment.

            We routinely appear at Magistrates’ Courts across London and elsewhere in England and Wales.

            At the Crown Court

            The Crown Court deals with all serious criminal charges and with less serious charges where you have chosen trial by jury. The Crown Court also deals with appeals against decisions of Magistrates’ Courts.

            We have a wide range of in depth experience litigating Crown Court matters.

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            07793 557 423 | info@montaguesolicitors.co.uk 

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              Criminal Fraud and serious fraud investigations

              Overview

              Montague Solicitors are a top-rated criminal fraud defence firm, specializing in complex and high-profile cases, based in London with a national presence.

              The Fraud Act of 2006 [updated in 2019] includes the following offences:

              • Money Laundering
              • Boiler Room
              • HMRC and Vat Tax
              • Courier
              • LIBOR & FOREX
              • Bribery & Corruption
              • Insider Trading
              • Tax Evasion & Cheating the Revenue
              • Construction industry scheme fraud (CIS)
              • SFO – Serious Fraud Office Investigations
              • FCA – Financial Conduct Authority Investigations

              Contact Us

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              07793 557 423 | info@montaguesolicitors.co.uk 

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                VHCC Cases

                Our firm is experienced in handling Very High Costs Cases (VHCC), which allows us to represent clients facing the most serious and complex legal matters. We understand that costs can be a concern, but we offer transparent pricing options, including legal aid and fixed fees where possible. We ensure that our clients are kept informed throughout the process, so they always know what to expect.

                Contact Us

                If you would like to learn more about how Montague Solicitors can assist you please get in touch using either the contact details below or the form provided.

                07793 557 423 | info@montaguesolicitors.co.uk 

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