Category: ILR

Recently, a significant legal decision was made regarding the Home Office’s ability to correct mistakes in immigration status grants. This decision came from a case known as R (YC) v Secretary of State for the Home Department.

In this case, a man was granted indefinite leave to remain in the UK, but there was a mistake in the paperwork. Instead of stating that he had been granted indefinite leave, the documents incorrectly referred to him as having limited leave. This error led to confusion about his immigration status.

The man challenged this mistake through a judicial review, which is a legal process where a court examines the actions of a public body, in this case, the Home Office. He argued that the Home Office should not be allowed to correct this error because it could affect his rights.

The Upper Tribunal, which is a higher court that deals with immigration and asylum cases, ruled in favor of the Home Office. They decided that the Home Secretary has an implied power to correct mistakes that are made unintentionally. This means that if the Home Office makes an error in granting immigration status, they can fix it, even if it might seem unfair to the person affected.

This decision is important for several reasons. First, it helps ensure that immigration records are accurate. If the Home Office can correct mistakes, it can prevent future complications for individuals regarding their rights to live and work in the UK. Second, while it may seem concerning that the Home Office can change a person’s immigration status, the court’s ruling emphasizes the need for accurate records to protect the integrity of the immigration system. Lastly, this ruling sets a precedent for future cases where errors might occur, clarifying that the Home Office has the authority to correct mistakes.

If you find yourself in a situation where you believe there has been a mistake in your immigration status, it is essential to seek legal advice. Understanding your rights and the implications of any errors is crucial. Kash Legal Services,help you to navigate these complex issues and ensure that your rights are protected.

If you are a survivor of human trafficking or modern slavery, you may be eligible for temporary permission to stay in the UK. This is known as “VTS leave,” which stands for Victims of Trafficking leave. This article will guide you through the process of requesting this leave, focusing on how to prepare your case effectively.

Understanding VTS Leave

VTS leave is designed to help individuals who have experienced trafficking or slavery. It allows them to stay in the UK temporarily while they recover from the physical and psychological harm they have suffered. The goal is to support survivors as they rebuild their lives and access necessary services.

Who Can Apply?

To apply for VTS leave, you must meet certain criteria:

1. You are a victim of trafficking or modern slavery.
2. You need time to recover from your experiences.
3. You may need support to help you reintegrate into society.

Steps to Request VTS Leave

1. Gather Evidence

The first step in preparing your case is to collect evidence that supports your claim. This can include:

• Personal Statements: Write about your experiences, including how you were trafficked and the impact it has had on your life.
• Medical Reports: Obtain documents from healthcare professionals that detail any physical or mental health issues you are facing.
• Support Letters: Ask organizations or individuals who have helped you to write letters explaining your situation and the support you need.

2. Seek Legal Advice

It is important to get legal advice from professionals who understand the process. Organizations like Kash Legal Services can provide guidance and help you understand your rights. They can also assist you in preparing your application.

3. Complete the Application Form

You will need to fill out an application form for VTS leave. Make sure to provide all the required information and attach your evidence. Be clear and honest in your responses.

4. Submit Your Application

Once your application is complete, submit it to the appropriate authorities. Keep a copy of everything you send for your records. It’s also a good idea to send your application via a method that provides proof of delivery.

5. Attend an Interview (if required)

In some cases, you may be asked to attend an interview. This is an opportunity for you to explain your situation in more detail. Be prepared to discuss your experiences and the support you need.

6. Wait for a Decision

After you submit your application, it may take some time to receive a decision. During this period, it’s important to stay in touch with your legal advisor and keep them updated on any changes in your situation.

What Happens Next?

If your application is approved, you will receive temporary permission to stay in the UK. This will allow you to access support services, such as healthcare, housing, and counseling, which are essential for your recovery.

If your application is denied, you may have the right to appeal the decision. Your legal advisor can help you understand your options and guide you through the appeal process.

Requesting VTS leave can be a complex process, but with the right preparation and support, you can improve your chances of success. Remember to gather evidence, seek legal advice, and be honest in your application.  Kash Legal Services are here to help you every step of the way. You deserve the opportunity to heal and rebuild your life after the trauma of trafficking.

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.