Category: Uk visa and immigration

At Kash Legal Services, we stand firm in our commitment to advocate for the rights of all individuals seeking asylum, particularly those from marginalized communities, such as LGBTQI+ individuals. The inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims was recently underscored in a ruling by the European Court of Human Rights (ECHR) in the case of M.I. v. Switzerland (56390/21), highlighting the critical importance of thoroughly evaluating these claims.

Understanding the Ruling

The ECHR emphasized the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims, ruling that states cannot assume LGBTQI+ individuals can evade persecution by concealing their sexual orientation. The Swiss authorities failed to conduct a comprehensive risk assessment of M.I.’s potential treatment upon returning to Iran, where homosexuality is criminalized, demonstrating the inadequacy of this flawed approach.

Critique of the ‘Discretion Test’

The court decisively rejected the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims, stating that expecting individuals to hide their sexual orientation fails to account for the real risks LGBTQI+ individuals face. In M.I.’s case, the Swiss authorities unreasonably presumed his sexual orientation could remain hidden in Iran, ignoring the grave dangers of discovery.

Necessity for Comprehensive Risk Assessments

The ECHR ruling further reinforces the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims, stressing the importance of evaluating the risks LGBTQI+ applicants face in their home countries. States must consider the overall climate for LGBTQI+ individuals, the applicant’s specific circumstances, and the availability of state protection against harm from private actors.

Commitment to Human Rights

At Kash Legal Services, we affirm the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims, advocating for fair and thorough assessments that ensure individuals are not returned to environments where they face persecution. Protecting LGBTQI+ individuals reflects not only legal obligations but also a moral commitment to human rights and dignity for all.

If you or someone you know is navigating the asylum process as an LGBTQI+ individual, Kash Legal Services is here to provide dedicated support, ensuring that the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims is upheld and that every individual’s rights are protected.

Applying for British citizenship can be a daunting process, especially when it comes to finding referees. Currently, anyone seeking citizenship must provide two referees who can confirm their identity and state that they know of no reason why the applicant should not be granted citizenship. However, this requirement can be a significant hurdle for many applicants.

What Is the Referee Requirement?

To act as a referee, individuals must meet specific criteria. They cannot be just anyone; they must be a professional person, such as a barrister, doctor, or teacher, who has known the applicant for a certain period. This can be a challenge for many people, especially those who may not have strong community ties or who have recently moved to the UK.

A Requirement from a Different Era

The referee requirement dates back to a time long before modern technology made verifying identity easier. In the past, people lived simpler lives, and the process of proving who you are was much less complicated. Today, however, the landscape has changed dramatically.

When someone applies for indefinite leave to remain, they undergo multiple identity checks, including biometric scans, in their home country and again in the UK. By the time they reach the naturalisation stage, they have already provided their biometrics several times. Given these extensive measures, it seems outdated to still require referees to confirm an applicant’s identity.

The Challenge of Finding Referees

For many applicants, finding suitable referees can be frustrating and stressful. Not everyone has access to professionals who meet the criteria. Some may feel uncomfortable asking someone they don’t know well to vouch for them. Additionally, there is no obligation for those approached to provide a reason if they decline to act as a referee, which can leave applicants in a difficult position.

The Case for Change

Given the rigorous identity checks already in place, it’s time to reconsider the necessity of the referee requirement. The current system can create unnecessary barriers for those seeking to become British citizens. Removing this requirement could simplify the application process and make it more accessible to a broader range of people.

The referee requirement for British citizenship applications is an outdated practice that does not reflect the realities of today’s identity verification processes. By scrapping this requirement, we can make the path to citizenship more inclusive and less daunting for applicants. It’s time to modernize the citizenship application process to better serve those who wish to call the UK their home.

At Kash Legal Services, we believe in making the process of applying for citizenship as straightforward as possible. Let’s work together to advocate for a fairer system that recognizes the complexities of modern life.

Evidential flexibility specifically for Appendix FM applications of UK, which are family visas for spouses, partners, parents, and children. Unlike other visa routes, Appendix FM has stricter evidential requirements, meaning applicants must provide specified documents to support each requirement.

Key Evidential Requirements in Appendix FM , UK

Appendix FM doesn’t leave much room for flexibility—each requirement must be backed by specific evidence. For example, proving income may require precise documentation like official payslips and bank statements covering a six-month period, with minimal room for alternatives. This makes it essential to ensure all specified evidence is gathered and accurate.

When Evidential Flexibility Can Apply

There are, however, limited provisions under paragraph D of Appendix FM-SE that allow some discretion for decision-makers:

Minor Issues in Evidence: If documents are present but slightly flawed (such as a typo or missing minor details), the caseworker may decide not to refuse the application.

Request for Additional Documents: In some cases, decision-makers have the discretion to request additional information. For instance:

Paragraph D(b)(ii) allows the caseworker to contact the applicant or their representative if a specific document is missing or incomplete.

Paragraph D(d) and D(e) permit discretion to accept other documents if the missing specified evidence is minor and the caseworker is satisfied that the applicant meets the relevant requirement.

However, unlike the EU Settlement Scheme, Appendix FM does not require decision-makers to reach out if documents are missing; it’s at the discretion of the decision-maker.

Maximising Your Chances with Appendix FM , UK

To strengthen your application, ensure all required documents are complete, in the correct format, and properly labelled. If you realise a document might be missing, it’s advisable to mention this and request flexibility in your cover letter, explaining why the missing document couldn’t be provided. This can encourage the Home Office to apply discretion.

Final Thoughts

Evidential flexibility in Appendix FM is limited, so careful preparation is critical. For complex applications or if there’s a risk of missing evidence, consulting an immigration professional can make all the difference in ensuring you meet the requirements.

let’s address how UK Visas and Immigration (UKVI) assesses false representations and deception in visa applications—what it means, how it’s determined, and what to do if it becomes an issue.

UKVI differentiates between an innocent mistake and intentional deception, but understanding where the line is drawn is crucial. Under Paragraph 9 of the Immigration Rules, an application must be refused if it’s more likely than not that deception was used. Here, the decision-maker needs solid evidence of dishonesty—not just doubts or minor inconsistencies.

Meanwhile, under Paragraph 9, an application may be refused if false representations are found, but without a firm finding of deception. In cases like these, it’s typically up to the applicant to clarify and prove that any inaccuracy was indeed an innocent mistake rather than an attempt to deceive.

Before refusing a visa based on suspected false representations, UKVI must inform the applicant of its concerns. This gives the applicant an opportunity to respond and explain, which can help avoid refusals based on misunderstandings. In Balajigari v Home Secretary [2019], the Court of Appeal highlighted the need for procedural fairness in these situations, requiring UKVI to consider the applicant’s explanation.

If your application is refused due to false representations or deception, you have options. Applicants may appeal, seek an administrative review, or in some cases, request a judicial review. These options can help you address misunderstandings or procedural issues in the decision-making process.

Cancellation of Section 3C Leave

If it’s found that deception was used in an application, Section 3C leave—which extends your right to remain in the UK while your application is being processed—can be cancelled. This can impact both your immigration status and any rights tied to it.

visa refusals based on deception or false representations carry serious implications, and it’s essential to understand your rights and respond accurately if these issues arise. For further guidance on responding to suspected refusals or submitting clear applications, please reach out for support.

Today, we’re discussing common mistakes that can happen during the UK visa application process and the impact these errors can have. Visa applications are complex, and even small mistakes can lead to issues, delays, or even refusals.

Applicants frequently make errors in providing information on their application forms, including:

Failing to Disclose Key Facts: This might mean not mentioning a family member, previous visits to the UK, a visa refusal, or even a criminal conviction. Omissions like these can be seen as nondisclosure, which may raise concerns for the Home Office.

Submitting Incorrect or Irrelevant Documents: Accidentally providing the wrong documentation or missing relevant ones can sometimes significantly impact the application outcome.

Not every error is considered a false representation. UK Visas and Immigration (UKVI) recognises that applicants can make innocent mistakes, meaning errors without dishonesty. Factors UKVI considers include:

The Ease of Making the Mistake: How likely is it that the error could happen unintentionally?

Applicant’s Knowledge: Was the applicant aware the information was incorrect?

Potential Benefit of the Error: Did the mistake benefit the applicant, like misstating income or family ties?

The Home Office may still refuse an application if the error prevents requirements from being met, even if it was made innocently.

Practical Takeaways

If you notice a mistake on your application, it’s wise to address it as soon as possible. Correcting any potential errors early can help avoid negative consequences. For support in submitting a complete and accurate application, consider consulting a professional to ensure your best chance of success.

how refugees in the UK can bring certain family members to join them here. If you’re a refugee or have humanitarian protection in the UK, you may be able to sponsor your close family to reunite with you.

Who Can Be Sponsored?

To be eligible, family members must be what’s called “pre-flight” family—meaning your relationship was established before you fled your home country.

Partners

Refugees can sponsor a spouse or civil partner if:

The marriage or civil partnership is valid, genuine, and ongoing.

You’ve met in person.

You intend to live together permanently.

Unmarried partners can also qualify if you’ve lived together in a relationship similar to marriage for at least 2 years before the refugee left their home country. Note that fiancés or proposed civil partners are not eligible under the family reunion rules.

Children

You can also sponsor children if they are:

Under 18 and not married or living independently.

Part of your family unit before you left.

If there’s uncertainty about the child’s age, the Home Office may carry out an age assessment.

The Family Reunion Process

Applications for family reunion are free of charge. If successful, your family members will receive entry clearance that lasts as long as your status in the UK. However, once you have indefinite leave to remain or become a British citizen, normal immigration rules (Appendix FM) apply, which means family members will no longer be eligible under the family reunion rules.

Evidence Needed for Family Reunion Applications

While there’s no specified list of required documents, you’ll need to provide evidence of both identity and relationship. Useful documents may include passports, national ID cards, marriage or birth certificates, and any other documents that prove your relationship.

If these documents are unavailable, you should provide:

A full explanation detailing why original documents can’t be provided and any attempts made to obtain them.

Alternative evidence, such as photographs, DNA test results (optional, as this can be costly), records of regular contact, letters of support, or witness statements from yourself and the family member.

In cases where more information is needed, the Home Office may conduct interviews.

 In these situations, you may qualify to apply for Indefinite Leave to Remain, or ILR, which would allow you to stay in the UK permanently.

To be eligible, you’ll need to:

Have held a spouse or partner visa based on your relationship with a British citizen, settled person, EU national with pre-settled status, or refugee.

Show that your relationship ended because of domestic abuse.

Apply from within the UK.

What Counts as Domestic Abuse?

Domestic abuse includes physical violence, emotional and psychological control, financial manipulation, or harassment etc. Evidence of these behaviours, like police reports or medical records, can support your application.

If you need immediate support, the Destitution Domestic Violence Concession  offers three months of temporary leave and access to public funds. This allows you time to prepare and submit your ILR application.

Steps to Apply for ILR

Complete the Application Online.

Submit Documents: Include your passport, evidence of the relationship breakdown, and proof of abuse.

Processing typically takes up to six months, during which time you may receive support under the DDVC.

If your ILR application is refused, options include administrative review or judicial review if there’s reason to believe an error was made.

HOWEVER, There are exceptions to this rule:

If your visa is due to expire in less than 60 days, they may not extend it.
If the relationship breakdown involved domestic violence, the Home Office may allow additional time to apply under a special provision.

If your relationship ended due to domestic abuse, there is a specific route that may allow you to stay in the UK permanently. The Domestic Violence Concession enables APPLIANT to apply for indefinite leave to remain (ILR) DUE TO DOMESTIC abuse.

• If your visa is curtailed and you are given the 60-day period, here are some routes that could allow you to remain in the UK:
• If you are employed, switching to a Skilled Worker visa may be an option.
• If you have a child who is British, settled, or has lived in the UK for at least seven years, you may qualify to stay as a parent.
• If you’ve lived in the UK legally for 10 years, you may qualify for ILR under the long residence route.
• If you’ve been in the UK for 20 years, or if there are significant obstacles to returning to your home country, the private life route may be an option.
• Each of these routes has specific requirements, so it’s advisable to review them carefully or seek professional advice to determine the best course of action

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.