Category: Uk visa and immigration

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.

The EU Settlement Scheme was established to allow EU, EEA, and Swiss citizens living in the UK to secure their residency rights following Brexit. If you are a citizen from these regions and have applied for settled or pre-settled status, it is essential to understand how absences from the UK can affect your status. This article will provide a clear overview of the rules regarding absences and what you need to know to maintain your residency rights.

Settled vs. Pre-Settled Status

Before diving into the specifics of absences, it’s important to clarify the difference between settled and pre-settled status:

• Settled Status: This is granted to individuals who have lived in the UK for a continuous period of five years. It allows you to stay in the UK indefinitely.
• Pre-Settled Status: This is for those who have not yet lived in the UK for five years. It allows you to stay in the UK for up to five years, after which you can apply for settled status.

Absences from the UK

For Settled Status Holders

If you have settled status, you can be absent from the UK for up to five consecutive years without losing your status. This means that if you leave the UK for an extended period, as long as it does not exceed five years, your settled status remains intact.

For Pre-Settled Status Holders

If you hold pre-settled status, the rules are stricter. You must not be absent from the UK for more than two consecutive years. Exceeding this limit will result in the loss of your pre-settled status, and you may need to reapply if you wish to return to the UK.

Continuous Residence Requirement

To qualify for settled status, you must demonstrate continuous residence in the UK for five years. During this time, you can only be absent for up to six months in any 12-month period. There are exceptions for certain circumstances, such as:

• Serious illness
• Pregnancy or childbirth
• Study or work commitments

If you are absent for more than six months in a 12-month period without a valid reason, it may break your continuous residence, affecting your eligibility for settled status.

Conclusion

Understanding how absences from the UK affect your status under the EU Settlement Scheme is crucial for maintaining your residency rights. Whether you have settled or pre-settled status, adhering to the specified limits on absences is essential. If you have any concerns or need personalized advice. feel free to reach out to Kash Legal Services. We are here to help you navigate the complexities of immigration law and ensure your residency rights are safeguarded.

A Scale-up visa is a type of immigration route designed to support fast-growing businesses in the UK by allowing them to attract top talent from around the world. This visa is part of the UK’s points-based immigration system and is aimed at highly skilled individuals who can contribute to the growth and success of these businesses.

The Scale-up visa is a flexible route that allows eligible businesses to sponsor foreign nationals with the skills and qualifications they need to drive growth and innovation. To be eligible, businesses must demonstrate impressive growth and have a genuine need for the skills and expertise of the individual they wish to sponsor.

The Scale-up visa offers a number of benefits to both businesses and individuals. For businesses, it provides access to a global talent pool, allowing them to attract the best and brightest from around the world. For individuals, it offers a flexible and attractive immigration route that allows them to work in the UK for a fast-growing business and contribute to its success.

To apply for a Scale-up visa, individuals must meet certain eligibility criteria, including having a job offer from an eligible business and meeting the required skills and qualifications for the role. They must also meet the required English language proficiency and have sufficient maintenance funds to support themselves in the UK.

The application process for a Scale-up visa typically involves several stages, including an initial application, a decision, and a biometric appointment. The application process can be complex, and it is recommended that individuals seek the advice of an immigration expert to ensure that their application is successful.

One of the key benefits of the Scale-up visa is that it leads to settlement or Indefinite Leave to Remain (ILR) after five years. This means that individuals who are granted a Scale-up visa can live and work in the UK for up to five years and then apply for ILR, which allows them to remain in the UK permanently.

In conclusion, the Scale-up visa is an attractive immigration route for highly skilled individuals who wish to work in the UK for a fast-growing business. It offers a flexible and attractive route to settlement and provides businesses with access to a global talent pool. If you are a business or individual who is interested in the Scale-up visa, it is recommended that you seek the advice of an immigration expert to ensure that you meet the eligibility criteria and follow the correct application process.

At Kash Legal Services, we have a team of experienced immigration lawyers who can provide expert advice and guidance on the Scale-up visa. We can help you navigate the application process and ensure that your application is successful. Contact us today to learn more about how we can help you.

Illegal working is a pressing issue in the UK, and it is essential for both employers and employees to understand the legal implications involved. The primary legislation governing this area is the Immigration, Asylum and Nationality Act 2006. This law outlines the responsibilities of employers in verifying the right to work of their employees and the penalties for failing to comply.

Under the Immigration, Asylum and Nationality Act 2006, employers must conduct “right to work” checks before hiring any employee. This involves verifying that the individual has the legal right to work in the UK by examining specific documents. Acceptable documents include a valid passport, a biometric residence permit, or other official documentation that confirms a person’s immigration status.

If an employer fails to perform these checks and is found to have employed someone without the right to work, they can face civil penalties. The Home Office has the authority to issue a civil penalty notice, which can result in fines of up to £20,000 for each illegal worker employed. The amount of the fine can vary based on several factors, including the number of illegal workers, the employer’s history of compliance, and the level of cooperation during the investigation.

To protect themselves from penalties, employers should maintain thorough records of the right to work checks they perform. This includes keeping copies of the documents used to verify an employee’s status. If an employer can demonstrate that they conducted the necessary checks, they may be able to avoid penalties even if an employee is later found to be working illegally.

For workers, understanding their immigration status is crucial. Working without the proper authorization can lead to severe consequences, including removal from the UK and a ban on re-entry. Individuals should seek legal advice if they are uncertain about their right to work.

the legal framework surrounding illegal working in the UK emphasizes the importance of compliance for employers and awareness for workers. By adhering to the provisions of the Immigration, Asylum and Nationality Act 2006, employers can protect themselves from significant financial penalties, while workers can avoid the risks associated with unauthorized employment. If you have further questions or need assistance, Kash Legal Services  is here to help you navigate these complex issues.

Applying for a Student Sponsor License is essential for educational institutions in the UK that wish to recruit international students.

To begin, it’s important to understand the eligibility requirements, which include being a registered educational provider and meeting the standards set by UK Visas and Immigration (UKVI). Institutions must also appoint key personnel, such as a Student Sponsor Licence Authorising Officer and a Level 1 User, to manage the sponsorship process.

Next, gather the necessary documents, including proof of registration, details of key personnel, and evidence of your student recruitment and monitoring systems.

Once you have everything ready, create an account on the UK government website and complete the online application form, ensuring that all information is accurate and up-to-date.

After submitting the application and paying the required fee, be prepared for a compliance visit from UKVI, where they will assess your institution’s ability to meet the sponsorship requirements.

Finally, wait for the decision on your application; if approved, you will receive your Student Sponsor Licence, allowing you to sponsor international students.

If you have any questions or need assistance during this process, KASH Legal Services is available to help guide you through each step, ensuring a smooth application experience.

The Immigration Advice Authority (IAA) is a UK government body that oversees immigration advice given by non-lawyers. Previously known as the Office of the Immigration Services Commissioner (OISC), the IAA ensures that immigration advice is provided safely and legally, protecting the rights of individuals seeking help with their immigration status.

The IAA has three main roles: it regulates immigration advice services, enforces compliance with the law, and provides guidance to both advisors and the public. This transformation aims to improve the quality of immigration advice and support available to people in the UK.

For those seeking immigration assistance, it is important to choose advisors who are regulated by the IAA to ensure they receive accurate and reliable advice. Kash Legal Services is committed to providing high-quality immigration support, helping clients navigate the complexities of immigration law with confidence.

What is the Immigration Advice Authority?

The Immigration Advice Authority (IAA) is a UK government body that was established to regulate immigration advice and services. It was previously known as the Office of the Immigration Services Commissioner (OISC). The main purpose of the IAA is to ensure that individuals seeking immigration advice receive accurate, honest, and high-quality support.

Key Functions of the IAA

• Regulation of Immigration Advisers: The IAA oversees the activities of immigration advisers who are not qualified lawyers. This includes ensuring that they meet specific standards and comply with the law.

• Enforcement: The authority has the power to investigate and take action against individuals or organizations that provide immigration advice without proper authorization. This helps protect vulnerable individuals from exploitation.

• Guidance and Support: The IAA provides resources and guidance to both immigration advisers and the public. This includes information on best practices and updates on immigration law.

Why is the IAA Important?

The IAA plays a crucial role in maintaining public trust in the immigration system. By regulating advisers and ensuring compliance with established standards, the authority helps prevent poor-quality or dishonest immigration advice. This is vital not only for the individuals directly affected but also for the integrity of the immigration process as a whole.

Choosing a Regulated Adviser

When seeking immigration advice, it is essential to choose an adviser who is regulated by the IAA. This ensures that you receive reliable and professional support. Kash Legal Services is dedicated to providing high-quality immigration assistance, helping clients navigate the complexities of immigration law with confidence and care.

Conclusion

The Immigration Advice Authority is a key player in the UK immigration landscape, ensuring that individuals receive the support they need while protecting their rights. By choosing a regulated adviser, clients can feel secure in their immigration journey. Kash Legal Services is here to help you every step of the way.

If you are a charity organization in the UK and want to bring voluntary workers from abroad, you will need a Charity Worker sponsor licence. This licence allows you to sponsor individuals who want to come to the UK to work for your charity. Here’s a simple guide on how to apply for this licence.

What is the Charity Worker Route?

The Charity Worker route is designed for people aged 18 or over who want to volunteer for a recognized charity in the UK. The work they do must be unpaid and should directly help the charity achieve its goals. For example, if your charity helps homeless people, the volunteer could work directly with them. However, tasks like fundraising or administrative work that does not directly support the charity’s mission are not allowed under this route.

Steps to Apply for a Charity Worker Sponsor Licence

1. Check Eligibility

Before applying, make sure your charity meets the following criteria:

• You are a registered charity in the UK.
• Your charity is recognized by the Home Office.
• You have a clear charitable purpose and can demonstrate how the volunteer work will support this purpose.

• Prepare Your Documents

• Gather the necessary documents to support your application. This may include:
• Proof of your charity’s registration.
• Details about the work the volunteer will be doing.
• Information on how the work contributes to your charity’s goals.

• Complete the Application Form

You will need to fill out an online application form. This form will ask for information about your charity and the work you plan to offer to the volunteer. Make sure to provide accurate and detailed information.

• Pay the Application Fee

There is a fee for applying for a sponsor licence. Check the current fee on the official UK government website. Make sure to pay this fee when you submit your application.

• Submit Your Application

Once you have completed the form and paid the fee, submit your application. You will receive a confirmation that your application has been received.

• Wait for a Decision

After you submit your application, the Home Office will review it. This process can take several weeks. They may contact you for more information, so be ready to provide any additional details they may need.

• Receive Your Licence

If your application is successful, you will receive your Charity Worker sponsor licence. This licence will allow you to sponsor volunteers to come to the UK to work for your charity.

Applying for a Charity Worker sponsor licence is an important step for charities that want to bring in voluntary workers from abroad. By following these simple steps, you can ensure that your application is complete and has the best chance of being approved. Remember, the work must be unpaid and directly related to your charity’s mission. Good luck with your application!

If you have any questions or need assistance with the application process, feel free to contact Kash Legal Services for help. We are here to support you!

If you are a religious worker looking to come to the UK, you may need a religious work visa. The UK offers two main types of sponsored work visas for religious workers: the T2 Minister of Religion visa and the Temporary Religious Worker visa. This article will explain what each visa is for and how to apply for them.

Overview of UK Religious Work Visas

T2 Minister of Religion Visa

The T2 Minister of Religion visa is designed for individuals who have a key leadership role in their faith-based organization or religious order in the UK. This visa allows you to work in a position where you are responsible for leading and guiding the religious community.

Temporary UK Religious Worker Visa

The Temporary Religious Worker visa is for those who support the activities of religious institutions in the UK. This includes working in a religious order or taking on non-pastoral roles. This visa is suitable for individuals who may not be in a leadership position but still contribute to the religious community.

Steps to Apply for a UK Religious Work Visa

Applying for a religious work visa involves several steps. Here’s a simple guide to help you through the process:

Step 1: Confirm Your Eligibility

Before applying, make sure you meet the eligibility requirements for the visa you are interested in. You will need to have a job offer from a UK religious organization that is a licensed sponsor.

Step 2: Get a Certificate of Sponsorship (CoS)

Your UK employer must provide you with a Certificate of Sponsorship (CoS). This document confirms that they are sponsoring your visa application and provides details about your role and salary.

Step 3: Gather Required Documents

Collect the necessary documents for your visa application. This typically includes:

• A valid passport
• Your Certificate of Sponsorship
• Proof of your knowledge of English (if required)
• Evidence of your qualifications and experience
• Any other documents requested by the UK Home Office

Step 4: Fill Out the Online Application

Visit the official UK government website to complete your visa application online. You will need to fill out the application form and pay the visa fee. Make sure to double-check all the information you provide.

Step 5: Pay the Immigration Health Surcharge

As part of your application, you may need to pay the Immigration Health Surcharge. This fee allows you to access the National Health Service (NHS) while you are in the UK.

Step 6: Submit Your Biometrics

After submitting your application, you will be asked to provide your biometrics (fingerprints and a photograph). This is usually done at a local visa application center.

Step 7: Wait for a Decision

Once you have submitted your application and biometrics, you will need to wait for a decision. The processing time can vary, so be sure to check the current timelines on the UK government website.

Step 8: Receive Your Visa

If your application is approved, you will receive your visa, allowing you to travel to the UK and start your work as a religious worker.

Applying for a religious work visa in the UK can be a straightforward process if you follow the steps outlined above. Whether you are applying for the T2 Minister of Religion visa or the Temporary Religious Worker visa, make sure you have all the necessary documents and meet the eligibility requirements.

For more information and assistance with your application, consider reaching out to Kash Legal Services.

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.

If you are an international student who has just completed your degree or higher education qualification in the UK, you might be interested in the Graduate Visa. This visa allows you to stay in the UK and work after finishing your studies.

The Graduate Visa is designed for international students who have completed their studies in the UK. It allows you to work in any job, regardless of the skill level or salary. You can stay and work for up to two years if you completed a bachelor’s or master’s degree. If you completed a PhD or doctorate, you can stay for three years.

To apply for the Graduate Visa, you must have completed a degree or higher qualification at a UK university and previously held a student visa while studying in the UK. You must be in the UK when you apply. If you leave the Common Travel Area while your application is being processed, it will be considered withdrawn. Unlike some other visas, you do not need a job offer or a sponsor to apply for the Graduate Visa.

The application costs £822, and you will also need to pay the immigration health surcharge, which gives you access to the National Health Service (NHS) during your stay. If you had dependants (like a spouse or children) who joined you on your student visa, they can also apply to stay with you under the Graduate Visa.

It’s important to remember that you cannot extend your Graduate Visa. If you have already held a Graduate Visa or were on the Doctorate Extension Scheme, your application will be rejected. Additionally, the Graduate Visa does not lead to settlement in the UK, meaning that after your visa expires, you will need to apply for a different visa if you wish to stay longer.

The Graduate Visa is a great opportunity for international students to gain work experience in the UK after completing their studies. Make sure to follow the application process carefully and remember the important points mentioned above. If you have any questions or need assistance with your application, reaching out to Kash Legal Services for help.