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 UK Student visa Update- UK Government to Relax Restrictions on Foreign Students Bringing Families

UK Student visa update- The UK government has announced plans to relax restrictions on foreign student’s visa bringing their families to the UK. This move is expected to benefit students v isa holder who are pursuing postgraduate studies in the country.

Currently, partners and children of postgraduate student’s visa holder, except those on research programs, are not allowed to apply to live in the UK during their course. However, this rule may be changed soon.

The UK Home Secretary has hinted that the government is considering easing these curbs to allow more foreign students to bring their families to the UK. This decision is expected to boost the economy and attract more international students to the country.

The UK has seen a significant increase in the number of foreign students in recent years. According to official statistics, there were 679,970 international students in the UK in 2021/2022. This number is expected to rise further with the relaxation of curbs on foreign students bringing their families.

Allowing foreign students to bring their families to the UK can have several benefits. It can help to attract more international students to the country, which can boost the economy.

However, there are also concerns about the impact of easing curbs on foreign students bringing their families on migration levels. The UK government has been trying to reduce migration levels, and some critics argue that relaxing these curbs could lead to an increase in migration.

At Kash Legal Services, we can help you navigate the complex UK immigration rules and regulations. If you are a foreign student looking to bring your family to the UK, contact us today to discuss your options.

UK Visa – Changing Conditions of Leave: A Guide to Overcoming ‘No     Recourse to Public Funds’ for Destitute Individuals

Introduction:

Most UK visa limited leave will have No Recourse to Public Funds’ (NRPF) condition which sometimes presents a significant challenge for individuals granted leave to remain on the basis of family or private life, the continuous struggles faced by those bound by this restriction while striving to maintain basic living standards. This article aims to shed light on the complexities surrounding NRPF and offer guidance for those grappling with destitution.

Understanding ‘No Recourse to Public Funds’:

For many UK visa those hold temporary migrants status in the UK, the NRPF condition is a standard imposition, curbing their entitlement to various benefits and support systems within the UK. No Recourse to public funds is designed to prevent individuals from burdening public funds. However, Home Office guidance can be changed in certain circumstances for instance where someone is unable to fulfil their fundamental living requirements, spanning from food and shelter to healthcare and sanitation. The specific term Home office use is “Destitute” exhibits when individuals are unable to fulfill their fundamental living requirements, spanning from food and shelter to healthcare and sanitation. It’s a dire state that necessitates urgent attention and assistance.

Changing Conditions of Leave: The Path Forward

When faced with destitution, individuals may explore the option of requesting a change in their conditions of leave, thereby seeking relief from the NRPF constraint. This involves a formal application process through the UK Visa and Immigration (UKVI) department.

When Can an Applicant Request a Change of Conditions of Leave?

An applicant can request a change of conditions of leave if they have become destitute and are unable to support themselves. Destitution is defined as a situation where an individual is unable to meet their essential living needs, including food, clothing, and accommodation

Eligibility Criteria:

To qualify for a change in conditions, applicants must satisfy several prerequisites, including:

• Holding valid leave to remain in the UK based on family or private life.
• Demonstrating destitution and the inability to secure alternative support.
• Presenting a genuine need for accessing public funds to meet essential living needs.

Application Requirements:

A successful application demands meticulous attention to detail and comprehensive documentation, including:

• Completed application form.
• Evidence of destitution, such as financial statements and utility bills.
• Documentation showcasing efforts to obtain alternative support.

Decision-Making Process:

Upon submission, the UKVI carefully evaluates the application, weighing the provided evidence. If approved, the NRPF condition may be lifted or modified, granting access to crucial public funds.

Tips and Considerations:

• Seek guidance from qualified immigration professionals, to navigate the application process effectively.
• Compile robust evidence of destitution and efforts to seek support.
• Anticipate potential delays and plan accordingly.

By understanding the application process and meeting eligibility criteria, individuals can take proactive steps toward accessing essential support.

Contact Us

If you or a family member are facing destitution and are seeking to change your conditions of leave, contact Kash Legal Services today. Our team of experienced UK immigration lawyers can provide you with expert advice and guidance throughout the application process

UK spouse visa, partner visa, fiance visa, or marriage visa A Guide to Marriage and Civil Partnership Applications

UK spouse visa, partner visa, fiance visa, or marriage visa, all require a genuine and subsisting relationship, when applying for visa the Home Office consider several important factors to make sure the relationship is genuine and subsisting. This article highlights the key points to consider when assessing these applications.

For UK visa and immigration purposes a partner is someone you are married to, in a civil partnership with, or in a long-term relationship with (similar to marriage or civil partnership) for at least 2 years. This means the applicant may not need to have lived together for 2 years, as long as your relationship is like a marriage or civil partnership, and application can produce evidence confirming the same. Secondly, both you and your partner must be 18 or older when  applying. If either of you is under 18, your application will usually be refused. If you don’t meet the relationship requirements, the decision-maker will consider whether you have more evidence that could prove your relationship. They should be flexible when looking at evidence, especially when checking with third parties to see if your relationship is genuine and ongoing.

If you’re applying for settlement, you won’t need to provide documents to prove your relationship is ongoing unless your circumstances have changed since your last application. The Home Office will consider a combination of the information you provide and check with third parties to see if your relationship is ongoing. If you or your partner say you’re divorced or your civil partnership was dissolved, you’ll need to provide documents to prove it. The type of evidence needed may vary depending on the country where the divorce or dissolution took place. For example:

• In England and Wales, you’ll need a final order from the court.
• In Scotland, you’ll need a decree of divorce.
• In Northern Ireland, you’ll need a Decree Nisi/Conditional Order.

It’s important to be aware of cultural differences when assessing marriage and civil partnership applications. In some cultures, religious or cultural customs may affect the evidence you can provide. Decision-makers should consider all relevant factors and consult country-specific guidance. Understanding the key considerations for marriage and civil partnership applications is crucial,  Kash Legal Services provides accurate advice and guidance to clients, eligibility criteria, age requirements, evidential flexibility, subsisting relationship assessment, and cultural awareness, to ensure that applications are thoroughly prepared and have the best chance of success.

UK Spouse visa- Adequate Maintenance for UK Visas 

UK spouse visa – What is the Adequate Maintenance Test?

At Kash Legal Services, we understand that navigating the complexities of UK visa applications can be challenging. One of the essential aspects of a successful application is demonstrating adequate maintenance in some applications, for instance UK spouse visa where applicant applying for leave to enter  or extension to stay under the partner/spouse route under the appendix FM. This article will provide a detailed overview of the adequate maintenance test and requirements for UK partner and parent visas.

What is the Adequate Maintenance Test?

For the UK visa purpose , The adequate maintenance test is an alternative financial requirement for UK visa applications, primarily for those who receive specific ‘permitted’ benefits. These benefits include Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Personal Independence Payment, Attendance Allowance, and others, receipt of certain make applicant eligible to be exempt from financial requirement would be required to meet otherwise.  

The adequate maintenance test requires applicants and their partners to prove that their combined income, after deducting income tax, National Insurance contributions, and housing costs, is equal to or exceeds the level of Income Support an equivalent British family of their size can receive.

Calculating Adequate Maintenance

The adequate maintenance calculation can be represented as follows:

A – B ≥ C

Where:

A is the net income (after deduction of income tax and National Insurance contributions)

B is housing costs (what needs to be spent on accommodation)

C is the amount of Income Support an equivalent family unit can receive in the UK

To calculate the net income, you can include specific permitted sources, such as:

• Employment income from a non-specified limited company
• Income from a specified limited company (employment income and/or dividend income)
• Cash savings
• Pension income
• Self-employment income as a sole trader, in a partnership, or as a franchise
• Benefit/allowance income from specific sources
• Non-employment income, such as property rental or dividends from a non-specified limited company

How to Demonstrate Adequate Maintenance

To demonstrate adequate maintenance, applicants must provide the appropriate documents to support their income claims. These documents may include bank statements, payslips, employment contracts, proof of pension income, or evidence of self-employment income.

It is essential to ensure that all documents are accurate, up-to-date, and clearly demonstrate that the applicant meets the adequate maintenance requirement.

Seeking Professional Assistance

At Kash Legal Services, we specialize in assisting clients with their UK visa applications, including meeting the adequate maintenance test. Our experienced professionals can help you prepare your application, gather the necessary documents, and ensure that you meet all the financial requirements.

Contact us today to schedule a consultation and let us help you navigate the complexities of the UK visa application process.

All those intending to make United Kingdom home wishes to become British Citizen so they can live without restriction which may would have been imposed under the British Nationality Act 1981. To get straight to the point, this document intending to assist to understand the process applicant wishes to apply for British Citizenship.

All the legal provisions relating with British citizenship are set out in the British Nationality Act 1981, however the Home Secretary may exercise discretion to naturalize, blow is the list of mandatory requirements to in accordance with above Act.

Step1: In some instances, you may lose your current nationality as some countries do not allow you to hold dule citizenship, check whether you could hold dule citizenship or willing to give up your existing nationality.

Step 2: Married or Not married.

As there are different avenue to qualify as British Citizen therefore requirement will depend on your circumstances such as you are married or in civil partnership, If you are married then you would make application in accordance with British Nationality Act 1981 section 6 (2). If you are not married, you would have to meet the requirement under the Section 6(1) of British Nationality Act1981.

Section 6 (1).

· Are aged 18 or over when you apply

· Are of sound mind, so that you understand the step you are taking

· Are married to or the civil partner of a British citizen on the date of application

· Are married to or the civil partner of a British citizen on the date of application

· Are married to or the civil partner of a British citizen on the date of application

· Must be free from immigration time restrictions on the date of application

· Must be free from immigration time restrictions on the date of application

· Must not have had more than 270 days outside the UK in the 3-year period before making the application (but see the section on Absences from the UK)

· Must not have had more than 270 days outside the UK in the 3-year period before making the application (but see the section on Absences from the UK)

· Must not have had more than 270 days outside the UK in the 3-year period before making the application (but see the section on Absences from the UK)

· Have passed the Life in the UK test

· Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable level

· Are of good character

Section 6 (2).

· Are aged 18 or over when you apply

· Are aged 18 or over when you apply

· Have lived in the UK for a minimum of 5 years before you apply

· Must have been physically present in the UK (including the Isle of Man or the Channel Islands) on the day 5 years before the application is received by the Home Office

· Must not have been in breach of the immigration laws in the 5-year period before making your application. We may assume you meet this requirement without making further enquiries if you have been granted indefinite leave to enter or remain in the UK

· Must be free from immigration time restrictions on the date of application and for the 12-month period before making the application

· Must not have had more than 450 days outside the UK in the 5-year period before making the application (but see the section on Absences from the UK)

· Must not have had more than 90 days outside the UK in the 12-month period before making the application (but see the section on Absences from the UK)

· Intend to continue to live in the UK, or to continue in Crown service, the service of an international organization of which the UK is a member, or the service of a company or association established in the UK

· Have passed the Life in the UK test

· Have passed the Life in the UK test

· Are of good character.

For further information please visit www.kashlegalservices.co.uk or contact us info@kashlegalservices.co.uk

   Schengen Visa Success Rates: A Guide for Travelers

Planning a trip to Europe? You’ll likely need a Schengen visa, and securing one can be a stressful process. But some countries within the Schengen area have higher approval rates than others, making them easier for travelers to obtain a visa.

Kash Legal Services, a UK immigration lawyer, has compiled a list of the countries with the highest success rates for Schengen visa applications. This data can help you choose your travel destination and potentially streamline the application process.

• Iceland leads the pack with a remarkably low 2.2% rejection rate. This suggests that Iceland is incredibly welcoming to visitors from around the world.

• Switzerland follows closely behind with a 10.7% rejection rate, making it another excellent choice for travelers seeking a higher chance of visa approval.

• Latvia boasts a 11.7% rejection rate, offering a comfortable middle ground for those wanting to experience the Baltic region.

• Italy and Luxembourg both have rejection rates of 12% and 12.7% respectively, solidifying their place as relatively easy countries to secure a Schengen visa.

While the rejection rates increase slightly for the following countries, they still offer relatively high chances of approval:

• Lithuania: 12.8%
• Slovakia: 12.9%
• Germany: 14.3%
• Austria: 14.3%
• Greece: 14.7%

Keep in mind that these are general trends and individual circumstances can influence the outcome of your visa application. Factors like your nationality, travel history, and purpose of travel all play a role in the decision.

Kash Legal Services offers expert guidance and support for all your UK immigration needs. We can help you navigate the complex world of visa applications, ensuring you have the best possible chance of success.

Contact us today for a free consultation