How Child Relatives of Refugees Can Join Their Families in the UK

If you are a child relative of a refugee, you may be able to apply to enter or stay in the UK through a specific route called Appendix Child staying with or joining a Non-Parent Relative (Protection). This is an important option for children who want to be with their family members in the UK. In this article, we will explain who is eligible, what the requirements are, what type of leave is granted if your application is successful, and how you can eventually settle in the UK.

To apply under Appendix Child staying with or joining a Non-Parent Relative (Protection), you must meet certain criteria. First, you must be under 18 years old. You should be a child relative of a refugee, which can include grandchildren, nieces, or nephews. Additionally, you must be applying to stay with a relative who is not your parent, such as an aunt, uncle, or grandparent, who has refugee status or humanitarian protection in the UK.

When applying, you will need to provide several important documents. This includes proof of your relationship, such as birth certificates or other documents that show your relationship to the relative in the UK. Your relative must provide evidence of their refugee status or humanitarian protection, such as their refugee travel document. You will also need a valid passport or identity document to prove who you are, along with information about where you will live in the UK and how your relative can care for you.

It is essential to prepare your application carefully. The Home Office guidance should be reviewed before submitting your application to ensure you meet all requirements.

If your application is successful, you will be granted leave to remain in the UK. This means you can stay in the country for a specific period, which may be granted for a few years. During this time, you will have the right to live with your relative, access education and healthcare, and work if you are of an appropriate age. This leave is granted under specific conditions, so it is important to follow any rules set by the Home Office.

After living in the UK for a certain period, you may be able to apply for settlement. Settlement means you can stay in the UK permanently. The requirements for settlement can vary, but generally, you will need to have lived in the UK for a certain number of years (usually five), show that you have been following the rules of your leave to remain, and demonstrate your knowledge of the English language and life in the UK.

It is important to note that there will be changes to this route starting on 8 November 2024. These changes may affect the eligibility criteria and requirements. Therefore, it is crucial to stay updated and consult the latest Home Office guidance when preparing your application.

The Appendix Child staying with or joining a Non-Parent Relative (Protection) route provides an important opportunity for child relatives of refugees to enter or remain in the UK. By understanding the eligibility criteria, requirements, and potential pathways to settlement, families can work towards reuniting and building a future together.

If you need help with your application or have questions, Kash Legal Services is here to assist you. We can provide guidance and support throughout the process to ensure you have the best chance of success.

Work Visa Routes Leading to Settlement in the UK

Settlement, or Indefinite Leave to Remain (ILR), is a significant goal for many individuals seeking to establish permanent residency in the UK. Achieving this status typically involves a period of continuous residence, meeting specific immigration requirements, and the payment of various fees. However, not all work visa routes offer a pathway to settlement.

Uk Work Visa Routes Leading to Settlement

  • Uk Skilled Worker Visa:
    • This visa is designed for individuals with a job offer from a UK employer that holds a valid sponsorship license.
    • Holders can apply for ILR after five years of continuous residence under this visa.
    • Applicants must meet a minimum salary threshold and adhere to job requirements throughout their stay.
  • Uk Global Talent Visa:
    • This visa targets individuals recognized as leaders or potential leaders in fields such as science, humanities, engineering, or the arts.
    • Holders can apply for ILR after three years if endorsed in the exceptional talent category, or after five years in the promise category.
    • The endorsement process can be competitive, and maintaining the necessary achievements is crucial for eligibility.
  • Uk Innovator Visa:
    • Aimed at experienced businesspeople looking to establish an innovative business in the UK, this visa requires endorsement from an approved body.
    • Applicants can apply for ILR after three years of successfully running their business.
    • The business must meet specific criteria, and failure to maintain these standards could jeopardize the settlement application.
  • Uk Start-up Visa:
    • This visa is for individuals starting a new business in the UK for the first time, also requiring an endorsement from an approved body.
    • Although this visa does not lead directly to settlement, holders may transition to the Innovator Visa, which can lead to ILR after three years.
    • Transitioning can be challenging, and the business must demonstrate growth and viability.
  • Uk Health and Care Worker Visa:
    • This visa is for medical professionals, including doctors and nurses, with a job offer from the NHS or an approved health and care provider.
    • Holders can apply for ILR after five years.
    • Applicants must meet eligibility criteria and maintain employment in the health sector throughout their stay.

Key Considerations and Challenges

  • Continuous Residence: Maintaining continuous residence in the UK is crucial for eligibility. Absences can affect the settlement application.
  • Salary Requirements: Many routes have specific salary thresholds. Failing to meet these can lead to visa refusal or complications during the settlement process.
  • Documentation: Proper documentation and evidence of employment, income, and compliance with visa conditions are essential for a successful settlement application.
  • Changing Visa Types: Transitioning between different visa types can be complex. Some routes may not allow easy switching, which can delay or complicate the settlement process.

Navigating the work visa routes that lead to settlement in the UK is essential for individuals aiming for permanent residency. While several pathways are available, each comes with its own requirements and potential challenges. Staying informed and seeking professional guidance can help individuals effectively manage the complexities of the immigration system. 

For further assistance, Kash Legal Services is available to provide expert advice and support tailored to individual circumstances.

Understanding the UK Immigration Dimensions of the New UK Employment Rights Bill

The new UK Employment Rights Bill is an important document that addresses various issues related to workers’ rights, particularly focusing on immigration and the protection of migrant workers. Many migrant workers have faced serious exploitation in industries such as agriculture and adult social care. This exploitation has often been allowed by past government policies that took advantage of vulnerable workers. The new Bill seeks to change this by introducing measures to protect all workers, especially those from abroad.

One key aspect of the Bill is strengthening workers’ rights. It ensures that all workers, including migrants, have equal rights and protections, meaning they cannot be unfairly treated or exploited by their employers. Additionally, the Bill proposes improved enforcement mechanisms to make sure that labor laws are upheld. This means that employers who violate the rights of workers, including migrants, will face penalties.

Another important dimension is the better access to resources for migrant workers. They will have more information available about their rights and how to report any violations. The Bill also includes protections against retaliation for workers who report exploitation, which is particularly crucial for migrants who may fear losing their jobs or facing deportation.

The Bill specifically targets sectors known for high levels of exploitation, such as agriculture and social care, aiming to create safer working environments for migrant workers in these industries. Overall, the new UK Employment Rights Bill represents a significant step forward in protecting the rights of all workers, especially those who have faced exploitation. By strengthening rights, improving enforcement, and providing better access to resources, the Bill aims to create a fairer working environment.

 For more information and support regarding these changes, individuals can reach out to Kash Legal Services, which help workers understand their rights and navigate the legal landscape.

UK Passport Applications and Name Refusals: Understanding the Rules

Recently, a British child named Loki Skywalker Mowbray had their UK passport application denied due to concerns about “copyright infringement.” This unusual case has drawn attention to the rules surrounding UK passport applications and the implications of a person’s name. In this article, we will explore when and why someone might be refused a passport based on their name, particularly in the context of legal services.

Understanding the Case of Loki Skywalker Mowbray

  • Background: Loki was born on May 4, known as Star Wars Day. His name, which includes “Skywalker,” raised concerns during the passport application process.
  • Media Attention: Once the story gained media traction, the Home Office reassessed the situation and ultimately issued the passport, indicating they no longer had concerns regarding copyright issues.

Reasons for UK Passport Refusal Due to a Name

While it is uncommon for names to result in UK passport refusals, there are specific scenarios where this can happen:

  • Copyright or Trademark Issues: Names that include trademarked terms or resemble well-known brands might be questioned. This was the case for Loki with “Skywalker.”
  • Inappropriate or Offensive Names: Names deemed inappropriate, offensive, or vulgar could lead to refusal. Passport authorities aim to maintain standards of decency.
  • Fraudulent Names: If a name appears fake or is suspected to be used for deception, it could lead to refusal. Authorities must ensure the name accurately represents the applicant’s identity.
  • Cultural or Legal Concerns: Names associated with illegal activities or those that may raise cultural sensitivities might also be scrutinized.

The Process of Name Review

  • Application Review: When a UK passport application is submitted, it undergoes a review process that includes checks against various databases and legal standards.
  • Consultation with Legal Experts: If concerns arise about a name, passport authorities may seek advice from legal experts to assess any potential issues.
  • Final Decision: After thorough review and consultation, a final decision is made. If concerns are resolved, the passport is issued.

The case of Loki Skywalker Mowbray illustrates how names can sometimes lead to unexpected complications in UK passport applications. While it is rare for a name to be a reason for refusal, issues involving copyright, appropriateness, or fraud can arise. The primary goal of UK passport  authorities is to ensure the integrity and legality of all applications.

At Kash Legal Services, we understand that navigating the UK passport application process can be challenging, especially when issues arise concerning names. If you or someone you know encounters a similar situation, we advise consulting with our legal experts who can provide guidance and support throughout the application process.

Applying for Leave to Remain as a Bereaved Partner In the UK

Applying for Leave to Remain as a Bereaved Partner in the UK Losing a loved one is one of the most difficult experiences anyone can face. For migrants in the UK on a partner visa, the situation can be even more complex and overwhelming. If your partner passes away before you become settled, you may be worried about your immigration status. However, there is a route for you to apply for indefinite leave to remain, and in this article, we will guide you through the process.
As a partner visa holder, your status in the UK is based on your genuine relationship with your partner. Unfortunately, when your partner passes away, the relationship no longer exists, and your leave in the UK may be cancelled. This can be a daunting prospect, especially during a time of grief.


While the Uk immigration rules may seem strict, there is a provision for migrants in your situation to apply for indefinite leave to remain. This is a unique opportunity, as it is one of the few instances where a fee waiver is possible for an indefinite leave to remain application.


To be eligible to apply, you must have had leave to remain in the UK as a partner of a British national, a settled person, or an EU national with pre-settled status under Appendix FM. This also includes those with leave as a partner under Appendix HM Armed Forces, as long as your partner is a British citizen, a foreign and commonwealth citizen who was a serving member of HM forces, or a member of HM Armed Forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.


On the other hand, the following individuals are not eligible to apply for leave to remain as a bereaved partner: fiancé(e)s or proposed civil partners, those who have permission to stay in the UK as a dependent of another migrant (e.g., a spouse of a student), and partners of EEA nationals (there are different rules for this group).


If you are eligible to apply, you will need to gather the necessary documents and evidence to support your application. This may include proof of your relationship, your partner’s death certificate, and other relevant documentation. Applying for leave to remain as a bereaved partner can be a complex and emotional process. It is highly recommended that you seek the help of an immigration lawyer or expert to guide you through the application process and ensure that you have the best possible chance of success.


At Kash Legal Services, we understand the challenges and emotional difficulties that come with applying for leave to remain as a bereaved partner. Our team of experienced immigration lawyers is here to provide you with expert guidance and support throughout the application process. We will work closely with you to ensure that your application is prepared and submitted correctly, giving you the best possible chance of a successful outcome.

UK Spouse visa – The Home Secretary Pauses Financial Requirement Hike to £38,700 Until Review is Complete

     

UK Spouse visa – The Home Secretary Pauses Financial Requirement Hike to £38,700 Until Review is Complete

The Home Secretary has announced a pause on the planned salary hike for UK spouse visa / UK family visas to £38,700. This decision has been made until a review of the current system is complete.

What Does This Mean for Families?

The pause on the salary hike on UK spouse / UK family visa is good news for families who are planning to apply for a visa. It means that they will not have to meet the new financial requirement when applying for UK spouse / UK family visa, which could have been a significant challenge for many.

The current financial requirement for UK spouse / UK family visas is already quite high, and the planned increase would have made it even more difficult for many families to qualify. The pause on the salary hike will give families more time to prepare and plan for their application.

Why Has the Home Secretary Paused the Salary Hike?

UK spouse / UK family visa financial requirement paused the salary hike to allow for a review of the current system. This review will look at the effectiveness of the current salary requirement and whether it is fair and reasonable.

The review will also consider the impact of the salary requirement on families and whether it is in line with the government’s goals for immigration. The Home Secretary wants to make sure that the system is working fairly and that families are not being unfairly penalized.

What Happens Next?

The review of the current system is expected to take some time. Until then, the pause on the salary hike will remain in place.

Families who are planning to apply for a visa should continue to prepare their applications as usual,  also keep an eye on the latest news and updates from the Home Office to find out when the review is complete and what changes may be made to the salary requirement.

Get in Touch with Kash Legal Services

If you have any questions or concerns about the pause on the financial requirements  or any other immigration matter, please do not hesitate to get in touch with us. Our team of expert immigration lawyers is here to help.

Contact us today to schedule a consultation and let us help you navigate the complex world of UK immigration.

 

UK Expansion Worker Visa: Expand Your Business to the UK with Ease

         UK Expansion Worker Visa: Expand Your Business to the UK with Ease

The UK Expansion Worker Visa is a great opportunity for senior managers, directors, and owners of companies to establish a branch or subsidiary in the UK. Our expert immigration lawyers can guide you through the process, ensuring a smooth and successful application.

What is the UK Expansion Worker Visa?

The UK Expansion Worker Visa is a type of visa that allows foreign nationals to come to the UK to establish a branch or subsidiary of an overseas business that has not yet started trading in the UK. This visa is part of the Global Business Mobility route, which aims to facilitate international businesses to expand their operations in the UK.

Key Requirements

To be eligible for this visa, your UK business should not have transacted any business yet, and your company outside the UK should have been trading for 3 years or more. The good news is that there is no English qualification required, and no business set up is required in the UK before applying for the visa.

Benefits of the UK Expansion Worker Visa

This visa offers several benefits, including:

  • A pathway to indefinite leave to remain in the UK within 5-6 years if desired
  • The ability for the UK branch to sponsor more staff if required
  • A quick and easy process to enter the UK with low government fee costs

How Can Kash Legal Services Help?

Our expert immigration lawyers at Kash Legal Services can assist you with the UK Expansion Worker Visa application process, ensuring that you meet all the necessary requirements and submit a successful application. We will:

  • Assess your eligibility for the visa
  • Prepare and submit your application
  • Provide guidance on the required documents and evidence
  • Represent you in any communication with the UKVI

Why Choose Kash Legal Services?

At Kash Legal Services, we have a team of experienced immigration lawyers who have a deep understanding of the UK immigration rules and regulations. We have a proven track record of success in securing visas for our clients, and we are committed to providing exceptional service and support throughout the application process.

Get in Touch

If you are interested in expanding your business to the UK and would like to learn more about the UK Expansion Worker Visa, please contact us at Kash Legal Services. Our expert immigration lawyers will be happy to discuss your options and guide you through the application process.

 

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

 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

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, fiancé visa, or marriage visa A Guide to Marriage and Civil Partnership Applications

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.