Can I apply via the Family Members Route?

Appendix FM (Family Members) provides a route to join a sponsor in the UK. That sponsor must be either a British citizen, someone who is settled in the UK or someone who has been granted limited leave to remain in the UK (either via the EU settlement scheme or in connection with skilled work or business.)

Other mandatory requirements are to do with language and financial status. Applicants must have basic English qualification unless exceptions apply. They also must be able to show that they meet minimum income requirements for maintenance and accommodation.

Appendix FM has four headings under which you may apply:

  • If you are a partner of someone living in the UK who fits one of the above criteria. This includes someone whose relationship has ended due to bereavement or domestic violence.
  • If you are the parent of a child (under the age of 18) living in the UK.
  • If you are a child with a parent or parent’s partner living in the UK.
  • If you are an adult dependent of someone living in the UK who fits one of the above criteria.

Choosing right immigration lawyer can be challenging, at KASH LEGAL SERVICES, we understand complexities of UK immigration process and committed guiding through every step. We work tirelessly to ensure your immigration experience is as smooth and stress free as possible. To arrange free consultation please feel free to call on 01143279654 Email info@kashlegalservices.co.uk or visit our website www.kashlegalservices.co.uk

How to Make Successful UK Visa application

Making a successful UK visa application requires careful preparation and attention to detail. Here are some steps to help you increase your chances of having your application approved:

Determine the type of visa you need: There are several types of UK visas, including visitor visas, work visas, student visas, and family visas. Make sure you understand the requirements and eligibility criteria for the type of visa you are applying for.

Gather the required documents: Each visa type has different documentation requirements. Be sure to gather all the necessary documents, such as your passport, proof of financial means, and any supporting documents that may be required, such as a letter of invitation or sponsorship.

Complete the application form correctly: The visa application form can be found on the UK government website. Make sure you complete it accurately and truthfully. Any errors or inaccuracies can cause delays or even result in your application being denied.

Pay the application fee: You will need to pay the visa application fee as part of your application. Be sure to pay the correct fee for your visa type and make sure your payment is accepted.

Book an appointment: Some visa applications require you to book an appointment at a visa application centre. This is to ensure that you have all the necessary documents, and that your biometric information is taken.

Attend the appointment: Attend your appointment on time and with all the necessary documents. Be prepared to have your fingerprints and photograph taken.

Wait for a decision: Once your application has been submitted, you will need to wait for a decision. Processing times vary depending on the visa type and your individual circumstances.

Appeal if necessary: If your application is denied, you may have the right to appeal the decision. However, you need to do it within a certain time frame, and you will need to provide additional evidence.

It’s important to note that the UK visa application process can be complex and time-consuming. It’s essential that you provide accurate and complete information, and that you follow all the instructions provided. If you have any doubts or questions, please do get in touch with us. KASH LEGAL SERVCIES

Make a Free Enquiry

Call us now on 0114327965, email info@kashlegalservices.co.uk or complete our Free Online Enquiry form at www.kashlegalservices.co.uk for FREE no obligation consultation and let us answer your question.

Marriage by proxy and UK Immigration law

Proxy marriages is where intended bride and groom being united but not physical present at the ceremony, most cases represented by other persons and is essentially less complicated style of marriage.

Marriages by proxy in the United Kingdom

Marriages by proxy in the United Kingdom are not recognized under the law of England and Wales. However, the United Kingdom recognizes marriages as if they are valid under the domestic law of the country in which they take place, provided they have been executed properly.

In the light of (CB Brazil [2008] UKIT00080)

“That marriages by proxy which take place in the United Kingdom are not recognized under the law of England and Wales. However, that the United Kingdom recognizes marriages as if they are valid under the domestic law of the country in which they take place, provided they have been executed properly”

Which effectively lead to following

(a) the marriage was performed, and any other necessary steps were taken so that it satisfies the law of the country in which it took place

(b) the parties had ‘capacity’ to marry under the law of each of their ‘domiciles’

(c) evidence has been provided to support the validity of the proxy marriage, for example a valid marriage certificate; a letter (or other evidence) from a registrar or government authority from the country in which the marriage was contracted confirming that it was registered properly.

In the context of UK Immigration law, the question arises clearly in respect of applications for entry clearance to the UK. The burden of proof rests with the applicant to exhibit the authenticity of the marriage an impartial and reliable evidence about recognition of the marriage must be provided, ordinary assertions as to the law of the countries will be insufficient to discharge the burden of proof.

KASH LEGAL SERVCIES YOUR TRUSTED LEGAL SERVICES Specialized in UK Immigration law

Immigration Health Surcharge Guide.

Most of the applicant applying leave to entre or remain in the UK pay, on top of the application fee, HIS Immigration Health Surcharge (it is the payment that will allow you to access healthcare services offered by NHS. Below is the summary of the rule determining whether this is refundable and how to get it. How much you will pay is subject to change and varies according to length of stay of applicant, currently as follows.

(a) £470 per year for student

(b) £470 per year for visa and immigration applicants who are under the age 18 at time of application.

(c) £624 per year for all other visa and immigration applications.

You will get refunded HIS either full or partial, please note you will not get HIS refund if application has been successful, you will get full refund only if

(a) Paid twice

(b) Visa application is refused

(c) You withdraw your application at any time before a decision has been made.

You will receive partial refund if

(a) You have been granted leave less then you have asked, and you have paid for extra year

(b) Any dependant visa application has been refused.

In most instances you should get refund automatically, be paid to the account you have paid with, however if you do not get response within six weeks of receiving a decision on your visa application, you should contact UKVI.

Health care worker are exempt from paying the HIS, if you have come to the UK on different route and started working in health care sector, you may be eligible for HIS refund.

Have you got any question or required assistance in matter relating with UK immigration please get in touch. website; ww.kashlegalservices.co.uk Tel 01143279654; Email info@kashlegalervices.co.uk

Fee Waiver

Significant new guidance from Home office, Children can now apply for a waiver of citizenship fees where unaffordable, Open from 16 June 2022, Subject to “Affordability test “ in accordance with Home Office Guidance, under 18s can apply to have the £1,012 fee on application for registration waived.

eVisa rollout begins with immigration documents replaced by 2025

eVisa rollout begins with immigration documents replaced by 2025 The UK government has initiated the rollout of eVisas, a digital proof of immigration status, which will replace physical immigration documents like Biometric Residence Permits (BRPs) by 2025. Starting from April 17, 2024, the Home Office has begun sending emails to all those with physical immigration documents, inviting them to create a UK Visas and Immigration (UKVI) account to access their eVisa. The process will open to anyone in the UK who holds physical immigration documents in summer 2024. eVisas are central to making the UK border safer by reducing the risk of fraud, loss, and abuse of physical documents, thereby strengthening border security. This move to eVisas is in line with other countries that have replaced or are planning to replace their physical immigration documents with digital forms of immigration status. Creating a UKVI account to access an eVisa is free, straightforward, and will not change, impact, or remove customers’ current immigration status or their rights in the UK. eVisas are secure and cannot be lost, stolen, or tampered with, unlike physical documents. They can be accessed anywhere and in real-time, putting customers in control of their own data and allowing them to swiftly update the Home Office with new contact or passport details. People checking immigration status will be able to conduct one quick and simple check using a secure online service on GOV.UK. Selected public bodies are already able to access immigration status to determine eligibility for public services automatically through system-to-system checks. Physical immigration documents will be gradually phased out by 2025, as the UK transitions to a fully digital border and immigration system for new and existing customers. This will deliver enhanced security and cost savings for the UK public and greater convenience for customers and status checkers. Customers who already have an eVisa should tell the Home Office about any passport on which they intend to travel using the online Update your UK Visas and Immigration account details service on GOV.UK, if this is not already linked to their account, to avoid delays when traveling. The move to eVisas is a significant step towards modernising the UK’s border and immigration system, providing greater convenience and flexibility to residents and public bodies. .At Kash Legal Services, we recognize the transformative potential of this evolution and remain committed to supporting clients in navigating the complexities of immigration law amidst this digital transition.

Requirements for a Hong Kong BN(O) Status Holder Visa

Requirements for a Hong Kong BN(O) Status Holder Visa

To get a Hong Kong BN(O) Status Holder Visa, you need to show that:

  • You are at least 18 years old
  • You are a British National (Overseas) under the Hong Kong (British Nationality) Order 1986
  • You live in Hong Kong or the UK
  • You can support yourself in the UK for at least six months
  • Your application meets all the rules
  • You have a valid TB certificate if needed

BN(O) Status Holder Requirement

To qualify for a Hong Kong BN(O) Status Holder Visa, you must be a British National (Overseas) under the Hong Kong (British Nationality) Ordinance Order 1986.

If you were a British Dependent Territories citizen connected to Hong Kong, you had to apply to be a British National (Overseas) before 1997. People born after June 30, 1997, can’t be British Nationals (Overseas). Also, BN(O)s can’t pass this nationality to their kids.

If you lost your BN(O) status, it might be hard to get it back. You can use an expired BN(O) passport to apply for a Hong Kong BN(O) Status Holder Visa. If you don’t have a BN(O) passport, you can use a Hong Kong Special Administrative Region passport instead. It is important to note that the Hong Kong BN(O) Status Holder Visa has an Ordinary Residency Requirement. This means that in order to be eligible for the visa, you must meet certain residency criteria. Whether you apply from inside or outside the UK, you must be living in Hong Kong to qualify for the visa. Additionally, if you choose to apply from inside the UK, you must also be residing in the UK, Jersey, Guernsey, or the Isle of Man to meet the residency requirement.

Hong Kong BN(O) Status Holder Visa Ordinary Residency Requirement

You can apply for a Hong Kong BN(O) Status Holder Visa from inside or outside the UK. If you apply from outside the UK, you should live in Hong Kong. If you apply from inside the UK, you should live in Hong Kong, the UK, Jersey, Guernsey, or the Isle of Man.

The Home Office will look at where you usually live to decide if you qualify for the visa. We can help you figure out what proof you need to show this. When applying for the Hong Kong BN(O) Status Holder Visa, it is important to note that the Home Office will consider where you usually live to determine your eligibility. If you have been residing in the UK for a year already, you may not need to demonstrate financial support for six months. However, if you are required to show proof of financial stability, there are various methods to meet this requirement, such as demonstrating sufficient funds or obtaining assurances of support from a third party.