Immigration | By Lawyers
Skip to main content

Immigration

This publication provides detailed and practical guidance on visa applications, migration status, and immigration appeals.

2 Matter Plans

Overview

The publication comprises 2 guides assisting practitioners with obtaining a visa or sponsor licence and dealing with appeals.

The commentaries cover entry, business migration, asylum and refugee applications, leave to remain, citizenship, appeals, judicial reviews, and the Court of Appeal.

The Reference materials folder summarises the application processes for working visas, family visas, and European Union Settlement. The comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • questionnaires prompting clients to give all relevant details;
  • letters:
    • supporting an application for a Skilled Worker visa;
    • challenging the suspension of a sponsor licence;
    • to a client when an asylum application has been granted;
  • an example brief to counsel to appear in the tribunal;
  • enclosures for clients attending:
    • an asylum substantive interview;
    • a tribunal;
    • a Court of Appeal hearing.
Icon

2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Immigration
  • Folder icon Reference materials
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon Working Visas
    • Item icon Family Visas and European Union Settlement
  • Item icon Overview
    Immigration law has existed in some form for centuries in the United Kingdom. Still, an influx of people fleeing persecution in Russia and Poland in the late 19th century caused such consternation that the first cohesive legislation, the Aliens Act 1905, was introduced to control entry. With the ...

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Item icon Summary of the process
    The usual steps in acting for a client in an immigration matter are:

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon Immigration considerations
      Verifying a client’s identity may be cause for concern if they do not have identity documents or the veracity of their documents is called into question. The possession of documents will contribute towards establishing identity in immigration cases but may not be authoritative evidence of it. ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon File cover sheet - Immigration
    • Item icon To do list - Immigration
    • Item icon First steps
    • Item icon Retainer instructions - Immigration - Individual applicants
    • Item icon Retainer instructions - Immigration - Business applicants
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Conflict of interest check
      • Item icon Client and matter risk assessment
    • Item icon Legal aid funding
      Legal aid funding is available for a case if it:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Check if your client qualifies for legal aid
    • Item icon Initial letter to client enclosing Client Care and Terms of Business - Individual immigration
    • Item icon Initial letter to client enclosing Client Care and Terms of Business - Business immigration
    • Folder icon Enclosures for initial letter to client
      • Item icon Client care information
      • Item icon Terms of business
      • Item icon Scope of work - Business immigration
      • Item icon Scope of work - Individual immigration
      • Item icon Enclosure - Legal aid for immigration cases
      • Item icon Migrant information questionnaire - Applications
      • Item icon A summary of the visa application process
      • Item icon A summary of the business sponsor licence application process
      • Item icon A summary of the asylum application process
    • Item icon Legal Aid Agency online portal
    • Folder icon If required - Gathering historic immigration information
      • Item icon Letter to client enclosing request for permission for immigration records to be sent to a third party representative
      • Item icon Consent to provide information - General
    • Item icon Time and costs estimates
    • Folder icon If required - Letter to client varying the Client Care and Terms of Business
      • Item icon Letter to client varying the Client Care and Terms of Business
    • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
      • Item icon Deeds and agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of assignment of agreement with consent
        • Item icon Deed of assignment of an insurance policy
        • Item icon Deed of assignment of equitable interest in residential land
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Deed of release and grant
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Boundary agreement
        • Item icon Confidentiality agreement
        • Item icon Construction agreement
        • Item icon Heads of agreement
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Statements and declarations
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of solvency
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing consent - General
          • Item icon Letter to third party enclosing consent - General
          • Item icon General letter enclosing client consent
          • Item icon General letter enclosing third party consent
          • Item icon Consent to provide information - General
          • Item icon Consent to provide information - General - Third party
        • Folder icon If required - Personal data consent - Health professional
          • Item icon Letter to client enclosing consent - Health professional
          • Item icon Letter to third party enclosing consent - Health professional
          • Item icon Letter to doctor enclosing client consent
          • Item icon Letter to doctor enclosing third party consent
          • Item icon Consent to provide information - Health professional
          • Item icon Consent to provide information - Health professional - Third party
        • Folder icon Change of name
          • Item icon Change of name deed for an adult - Concise
          • Item icon Change of name deed for a minor - Concise
          • Folder icon If required - Enrolment by an adult
            • Item icon Change of name deed for an adult - For enrolment
            • Item icon Statutory declaration - Enrolment of adult change of name deed
            • Item icon Notice for the London Gazette on the change of name of an adult
            • Item icon Consent to enrolment of change of name of an adult
          • Folder icon If required - Enrolment by a minor
            • Item icon Change of name deed for a minor - For enrolment
            • Item icon Statutory declaration - Enrolment of minor change of name deed
            • Item icon Affidavit of best interest for the change of name of a minor
            • Item icon Consent to enrolment of change of name of a minor
  • Folder icon B. Entry generally
    • Item icon Visa types
      Entry to the United Kingdom can be gained using several visas which are discussed in detail in the accompanying Working Visas and Family Visas and European Union Settlement reference materials.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Information to be provided for all applications
      Online applications are strongly encouraged by UK Visas and Immigration. Using the online application processes enable documents to be uploaded quickly and easily and biometric information and identify verification can be dealt with electronically. All applicants need to provide basic information ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client advising of appropriate visa
    • Item icon Letter to client listing basic information and documents required
    • Item icon Letter to client enclosing request for further information
    • Folder icon Library of documents relating to supporting information
      • Item icon Letter to client enclosing document list
      • Item icon Enclosure - Document list - Spouse visa (Category A salaried) - Returning resident
      • Item icon Enclosure - Document list - Skilled Worker visa
      • Item icon Enclosure - Questionnaire - Start-up visa main applicant initial application
      • Item icon Enclosure - Questionnaire - Naturalisation application - Crown Service
      • Item icon Letter to doctor enclosing client consent
      • Item icon Consent to provide information - Health professional
      • Item icon Statutory declaration of parent with sole responsibility
      • Item icon Enclosure - Writing an immigration support letter
      • Item icon Letter to sponsor requesting details for benefit of client's Skilled Worker visa
      • Item icon Letter supporting application for Skilled Worker visa
    • Item icon Letter to client informing that Skilled Worker visa application has been submitted
    • Item icon Letter to Home Office when client has made online application for citizenship
    • Item icon Letter applying for extension of Skilled Worker visa
    • Folder icon If required - Paper forms to accompany online visa applications
      • Item icon Appendix domestic worker statement
      • Item icon Appendix 5 (December 2020) family settlement: parent of a child in the UK
      • Item icon Appendix 1 family settlement
      • Item icon Appendix 2 (April 2024) financial requirement form
    • Item icon Knowledge of English language
      Some visa or settlement applications require the applicant to show that they are proficient in the English language, or that one of the exemptions applies. The applicant does not need to prove their knowledge of English if they are applying as:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Lists of approved secure English language test centres
    • Item icon Academic qualifications
      Sufficient knowledge of the English language can be demonstrated if the applicant holds a degree which was taught in English. If the degree is from a UK university, the degree certificate alone is sufficient proof.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Ecctis – Evidence providers for education and English language proficiency
    • Item icon Knowledge of UK life
      Applicants for indefinite leave to remain will usually need to demonstrate sufficient knowledge of the culture of the UK. The applicant does not need to pass this test if they:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Book the Life in the UK test
    • Item icon Funds requirements
      Some applications require the applicant to show that they have a particular amount of funds available. The amount will be calculated in pounds sterling. The exchange rate used by UK Visas and Immigration is published by OANDA on their Currency Converter page.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to employer requesting residence and employment information
    • Item icon Letter to bank requesting financial information
    • Item icon Authority to forward documents and information
    • Item icon Medical information
      Applicants for entry from most African, Asian, and South American countries should include a medical certificate confirming that they are not suffering from pulmonary tuberculosis. The full list of countries is contained in the Immigration Rules at Appendix T: tuberculosis screening. Some countries ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Verifying identity and providing biometric information
      There are two options for verifying the identity of an applicant:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Criminal record checks
      Applicants for visas involving work in education, healthcare, therapy, or social services may need to provide confirmation from their local police that they have no criminal record. If applicants have visited more than one country, they may need to supply a certificate from several countries:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Healthcare surcharge
      Some applicants for visas to stay in the UK for six months or more will also be asked to pay an immigration health surcharge in addition to the visa application fee unless they are granted a fee waiver. The amount will depend on the type of visa applied for. This surcharge was introduced to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Fees
      Fees for all visas and immigration applications can be viewed on the government page Immigration and nationality fees for all applications made from outside and within the UK.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Immigration and nationality fees for all applications
  • Folder icon C. Entering the UK - Other than asylum seekers and refugees
    • Item icon Right of abode
      A person with the right of abode under s 2 of the Immigration Act 1971 is able to live and work in the UK without any restrictions. All British citizens automatically have the right of abode. A person has the right of abode if:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Apply for a certificate of entitlement
    • Folder icon If required - The Windrush scheme
      • Item icon The Windrush scheme
        People arriving in the UK between 1948 and 1971 from Caribbean countries have been labelled the Windrush generation. It refers to the ship MV Empire Windrush, which docked in Tilbury on 22 June 1948, bringing workers from Jamaica, Trinidad and Tobago, and other islands to help fill post-war ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to UK Visas and Immigration with enclosures
      • Item icon The windrush scheme application United Kingdom (UK)
      • Item icon Online application for Windrush Scheme from outside the UK
      • Item icon Windrush compensation scheme - primary claimant claim form
      • Item icon Windrush compensation scheme - close family claim form
      • Item icon Windrush compensation scheme - deceased estates claim form
      • Item icon Letter to client when Windrush application has been granted
    • Item icon Returning residents
      If a person with indefinite leave to remain leaves the UK for more than two years, they must apply for a returning resident visa to return to live and work in the UK. The applicant must be able to show strong ties to the UK, explain why they left, and why they now wish to return.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Returning resident online application form
    • Item icon Leave outside the rules
      The majority of routes for entry into the UK are codified in the Immigration Rules and explained in more detail in the Working Visas and Family Visas and European Union Settlement reference manuals. The rules are designed to be applicable for almost all circumstances, but there may be situations ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Form FLR(HRO) - Application for human rights claims, leave outside the rules and other routes not covered by other forms
    • Item icon Letter to client when a visa has been granted
    • Item icon Letter to client when entry clearance has been granted
    • Item icon Letter to client when an application has been refused
  • Folder icon D. Employing migrant workers
    • Item icon Eligibility
      There are various classes of migrant who are eligible under the scheme:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Licence types
      There are two main types of licence; worker and temporary worker, with several licence sub-types based on the visas which will be held by the employee. Employers can apply to be licensed in as many sub-types as are appropriate. A worker sponsor licence allows the employment of long-term and ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Duties
      Employers have duties to UK Visas and Immigration from the day their licence is granted. They also have duties to each sponsored worker, which start on the day that the certificate of sponsorship is assigned to the worker.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Application
      Key people During the application process, the employer should appoint people to manage the application and the sponsored employees:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Application for a sponsor licence
    • Item icon Letter to client when sponsor licence has been granted
    • Item icon Letter to client when sponsor licence has been refused
    • Item icon Refusal, downgrading, suspension, or revocation
      When an application is refused due to a mistake or supporting documents were not correctly considered, a request can be made within 14 days for an error correction review to be carried out. This request is made by email using a Workers and Temporary Workers pre-licence error correction form. ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to UK Visas and Immigration enclosing pre-licence error correction form
    • Item icon Workers and temporary workers - pre-licence error correction form
    • Item icon Letter to employee enclosing consent to provide information - Sponsor licence interview record
    • Item icon Consent to provide information - Sponsor licence interview record
    • Item icon Letter to UK Visas and Immigration requesting time to submit representations
    • Item icon Witness statement of authorising officer
    • Item icon Letter to client offering additional sponsor licence, employee visa and mock audit services
    • Item icon Letter challenging suspension of sponsor licence
  • Folder icon E. Living in the UK with visa conditions
    • Item icon Living in the UK with visa conditions
      Migrants who are resident in the UK under the terms of a visa are bound by the controls and conditions applicable to that visa.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client enclosing authority to update address form
    • Item icon Authority to update address
    • Item icon UKVI – Change your address or your legal representative’s details
    • Item icon Employment
      Provided the visa that is granted allows for employment, migrants are free to work. There may be conditions imposed on the type and amount of work that can be carried out. Migrants with work visas may only be able to work for the company which is sponsoring them. More information is given in the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon No recourse to public funds
      Most migrants will have a visa condition that prohibits access to social security benefits or housing and other local and central government support. This is usually phrased on the visa as no recourse to public funds or NRPF.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Replacing biometric documents
      If a biometric residence permit or card is lost or stolen, or needs to be updated, transferred, or reissued, the online application form Upgrade, update, replace, transfer or switch your immigration document is used.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Migrant information questionnaire - Replacement biometric residence permit
    • Item icon Upgrade, update, replace, transfer or switch your immigration document
  • Folder icon F. When family circumstances change
    • Item icon Domestic violence
      If a migrant experiences domestic violence as the partner of a person with British citizenship or indefinite leave to remain, or as the partner of a member of the armed forces who has served for at least four years, they may be entitled to indefinite leave to remain. Contact with UK Visas and ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to UK Visas and Immigration with enclosures
    • Item icon Migrant victims of domestic abuse concession
    • Item icon SET(DV) Apply to settle in the UK – victim of domestic violence
    • Item icon Separation and divorce
      Migrants should advise UK Visas and Immigration if they divorce, separate, or dissolve a civil partnership and their visa is based on their relationship. Details of the email and postal address can be found on the Visas when you separate or divorce page. The matter plan includes a Letter to UK ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to UK Visas and Immigration advising of relationship breakdown
    • Item icon Public statement – relationship no longer subsisting
    • Item icon Consent to use information provided by an estranged spouse or partner
    • Item icon Death
      A migrant may be able to apply for indefinite leave to remain if their partner has died. The partner must have held British citizenship, indefinite leave to remain, or EU pre-settled status. The migrant’s permission to be in the UK must have been via a family visa based on the relationship. The ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon SET(O) Apply to settle in the UK - certain categories only
    • Item icon Change of address or other details including criminal convictions
      Biometric residence permit holders must complete and submit the Migrant Change of Circumstances form for complex changes. If the change merely relates to a change of address, this is notified online at Update your address or your legal representative’s details.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Migrant change of circumstances form
    • Item icon Letter to client enclosing authority to update address form
    • Item icon Authority to update address
    • Item icon UKVI – Change your address or your legal representative’s details
  • Folder icon G. Further leave to remain
    • Item icon Further leave to remain
      An existing visa can be extended by applying for further leave to remain. If the applicant's circumstances have changed, they apply for a different visa. It is important that the correct application is made. If the application is refused and the existing visa expires in the meantime, the applicant ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Family visa extensions
      Form FLR(M) is used by family members, partners, and children.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Extend your stay in the UK as a partner or dependent child: form FLR(M)
    • Item icon Application to extend stay in the UK: FLR(IR)
    • Item icon Apply to extend your stay in the UK: form FLR(FP)
    • Item icon Letter to client when further leave to remain has been granted
  • Folder icon H. Indefinite leave to remain
    • Item icon Three and five-year routes
      To be eligible for indefinite leave to remain under the three- and five-year routes, applicants must not have spent more than 180 days outside the UK in any 12-month period of the qualifying period. All absences from the UK are counted, whether for work, family, or holiday. Only full days ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon 10 year route
      Migrants who have spent a continuous period of 10 years in the UK, even if this was under several different visas, may be eligible. Time under visas which do not lead to settlement under the standard 5-year route can be counted towards this. Applicants must not have spent more than ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Additional evidence
      Skilled workers Skilled Worker or Tier 2 visa holders should submit an employer's letter with their application. The letter confirms:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to employer requesting residence and employment information
    • Item icon Letter to bank requesting financial information
    • Item icon Letter to client requesting additional evidence for indefinite leave to remain application
    • Item icon Application forms
      Applications are made online.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon SET(M) Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK
    • Item icon SET(O) Apply to settle in the UK - certain categories only
    • Item icon SET(LR) Apply to settle in the UK – long residence
    • Item icon SET(F) Apply to settle in the UK – child
    • Item icon SET(P) Apply to settle in the UK – refugee or humanitarian protection
    • Item icon Letter to client with no decision
    • Item icon Letter to client when indefinite leave to remain has been granted
    • Item icon Letter to client when indefinite leave to remain has been granted after refugee status
    • Item icon Letter to client when an application has been refused
  • Folder icon I. Asylum seekers and refugees
    • Item icon Grounds for seeking asylum
      Refugee status Applicants must be unable to live safely in any part of their own country, or the country they usually live in if they are stateless. The system of protection offered by the home country may be one which is generally effective as opposed to one which guarantees prevention of harm for ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Human trafficking and modern slavery
      Human trafficking is defined by the United Nations Office on Drugs and Crime as the recruitment, transportation, transfer, harbouring, or receipt of people through force, fraud, or deception, with the aim of exploiting them for profit. Modern slavery is defined by the Metropolitan police as the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Safe third countries
      Applications may be refused if the applicant could have claimed asylum in a safe country which they passed through on their way to the UK. Decisions of this nature are made by the Third Country Unit in accordance with the Guidance: Inadmissibility: third country cases.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Children of asylum seekers
      A child who is a named dependant in a claim for asylum is deemed to have made the claim for asylum in their own right: G v G [2021] UKSC 9. The issue in G v G was whether the child of the asylum-seeking mother was protected from refoulment, the unlawful return of a refugee, as a result of being ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Application process
      In all cases, the applicant must apply from within the UK. If they have entered legally with a tourist or visitor visa, the Asylum Intake Unit should be contacted for an appointment.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to UK Visas and Immigration requesting time to deal with asylum questionnaire
    • Item icon Letter to client enclosing interview appointment details
    • Item icon Enclosure - Asylum substantive interview
    • Item icon Letter to client arranging pre-interview meeting
    • Item icon Letter to UK Visas and Immigration requesting special arrangements for interview
    • Item icon Preliminary information questionnaire
    • Item icon Letter to UK Visas and Immigration returning completed preliminary information questionnaire
    • Folder icon If required - Immigration bail
      • Item icon Application for secretary of state immigration bail
      • Item icon Application to be released on First-tier tribunal bail
      • Item icon Application by person on bail for variation of First-tier Tribunal bail
    • Item icon Letter to client enclosing statement for approval
    • Item icon Asylum application statement
    • Item icon Enclosure - Writing an immigration support letter
    • Item icon Letter to UK Visas and Immigration with enclosures
    • Item icon Permission to work
      An asylum claim is likely to be decided 6 to 12 months after the application is made. If the application takes more than 12 months, an application can be made for permission to work if the applicant is not considered to be responsible for the delay. An application can be made in ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Asylum support
      • Item icon Asylum support application form
    • Item icon Decision
      Permission to stay with refugee status Refugees have the right to work, claim benefits and access social and private housing. Overseas travel is permitted but if the refugee cannot use their home country passport a refugee travel document will be required. If they wish to study, they may obtain ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client when asylum application has been granted - Humanitarian protection
    • Item icon Letter to client when asylum application has been granted - Refugee status
    • Item icon Letter to client when an application has been refused
    • Item icon Family reunion
      Following a positive asylum claim outcome, family members may apply for permission to join the applicant. Further details on family reunions are available at Settlement: refugee or humanitarian protection.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon J. Citizenship
    • Item icon Obtaining citizenship by birth
      Born in the UK before 1 January 1983 An applicant is automatically a British citizen unless:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Register for British citizenship as a child under 18
    • Item icon Apply to register as a British citizen: Form T
    • Item icon Apply to register as a British citizen: Form UKF
    • Item icon Apply to register as a British citizen: Form UKM
    • Item icon Obtaining citizenship by marriage
      The applicant must:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Obtaining citizenship in other ways
      In depth Home Office guidance is available in Naturalisation as a British citizen by discretion: nationality policy guidance.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client with enclosure setting out basic requirements for UK citizenship
    • Item icon Enclosure - Basic requirements for UK citizenship
    • Item icon AN Apply for British citizenship by naturalisation
    • Item icon B(OS) Register as a British citizen
    • Folder icon If required - Paper application forms
      • Item icon Application for registration of a child under 18 as a British citizen
      • Item icon Application for registration as a British citizen by a person who was born in the UK on or after 1 January 1983 / has lived in the UK up to the age of 10
      • Item icon Application for registration as a British citizen by a person born before 1 July 2006 whose parents were not married
      • Item icon Application for registration as a British citizen by a person born before 1983 to a British mother
      • Item icon Application for naturalisation as a British citizen
      • Item icon Application for registration as a British citizen by a British overseas citizen
      • Item icon Payment slip - citizenship and right of abode applications
    • Item icon Letter to client enclosing request for further information
    • Item icon Letter to client when citizenship has been granted
    • Item icon Letter to client when citizenship has been refused
    • Item icon Reconsideration after refusal
      A refusal may be challenged on the grounds of law, policy, or procedure. Form NR Reconsideration of Decisions to Refuse British Citizenship should be sent with the appropriate fee to the address noted on the Application for review when British citizenship is refused: form NR page.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to UK Visas and Immigration enclosing Form NR Reconsideration of decisions to refuse British citizenship
    • Item icon Reconsideration of decisions to refuse British citizenship
    • Item icon Citizenship ceremonies
      When British citizenship has been granted the new citizen must attend a citizenship ceremony organised by their local authority within three months. A fee is sometimes payable and usually two guests can also attend. The letter granting citizenship is followed by a further letter inviting ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client enclosing citizenship ceremony invitation
    • Item icon Renouncing and resuming citizenship
      Some countries do not allow dual citizenship and, therefore, a British citizen may wish to give up their citizenship. A declaration of renunciation will be supplied as evidence. Applicants must be over the age of 18 and of sound mind. Only the applicant’s status is affected. Other members of ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon K. Removal from the UK
    • Item icon Administrative removal
      A migrant is at risk of removal if they do not have permission to remain in the UK and have not applied for permission, if an asylum or immigration application was refused, or their leave has expired. Their status is likely to have been discovered by Immigration Enforcement during checks on ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Deportation
      Paragraph 363 of the Immigration Rules notes:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to UK Visas and Immigration enclosing statement of additional grounds
    • Item icon Appeal
      There is no automatic right to appeal a decision to deport. A migrant may have grounds, however, for a claim that they do have the right of appeal if refused. For example, a claim based on the right to a private and family life under Article 8 of Schedule 1 of the Human Rights Act 1998. ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon L. Finalising the matter
    • Item icon Letter to client finalising matter
    • Item icon Example invoice
    • Item icon Invoice recital - Immigration
    • Item icon Enclosure - Explaining the bill
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - General
  • Item icon Further information
  • Item icon Comments and suggestions for By Lawyers

Our Authors

More than 50 legal professionals have contributed to By Lawyers' publications, all helping to ensure content is updated regularly to reflect changes in legislation, practice and procedure.
Meet Our Authors
Authors