In Country Applications

AK Solicitors offers service and support for in country applications.

Services

Further Leave to Remain

If you are a UK visa holder living with your spouse, partner or parent/guardian and you are looking to extend your stay in the UK, you will need to make an application for ‘further leave to remain’.

Eligibility

You will be usually granted 30 months’ of leave and after holding a total leave of 60 months’, most clients are eligible to apply for ‘indefinite leave to remain’.

We can assist you with various types of further leave to remain applications such as:

FLR M – 5 year route
FLR FP – 5 or 10 year route
FLR O

British Citizenship

Applying for citizenship is often the last step in your route to settlement in the UK. You can apply to become a British citizen through naturalisation if you meet the relevant criteria which have been set out in the British Nationality Act 1981. This is the most common approach to become a British citizen.

The main requirements

The main requirements for naturalisation involve meeting the residence requirement, settled status requirement, good character requirements and the English language test and Life in the UK test requirements.

apply for naturalisation

You can apply for naturalisation in the following situations:

After holding ‘indefinite leave to remain’ status for a minimum period of 12 months (Section 6(1) of the British Nationality Act 1981); or
Applying for naturalisation as a spouse of a British Citizen (Section 6(2) of the British Nationality Act 1981)

Minors (under the age of 18) can apply to register as British Citizens either by entitlement or on a discretionary basis. With discretionary applications, the Home Office will consider the child’s best interests and ties to the UK. We can assist your family members with such applications.

Whilst the UK permits dual nationality for its citizen, some countries may not. Therefore, it is advisable for you to check with your embassy prior to making an application for naturalisation or registration.

Indefinite Leave to Remain

We are experienced at helping migrants secure Indefinite Leave to Remain (ILR) in the UK and can support you in the application process to ensure a successful result.

Individuals who have held the same type of visa for 5 years or more are eligible to apply for ILR. In some situations, you may be eligible to apply after 3 years.

By securing ‘Indefinite Leave to Remain’ status, you can stay in the UK without restrictions. Most individuals will take this step before applying for British nationality.

Individuals who have been on other routes to settlement including Tier 1 visa, Tier 2 work visa to list a couple are eligible to apply for indefinite leave to remain after meeting other requirements.

The conditions that you need to meet to qualify for ILR are as follows:

You have held the same type of British visa for 5 years or more
Proof that you meet the B1 levels of English
You must pass the Life in the UK test
No criminal record and you cannot have breached the immigration laws during your stay in the UK
You cannot have spent more than 180 days outside of the UK within any year of living in the UK

are you eligible to apply?

The requirements can vary depending on your matter and any other material information therefore we recommend that you speak to us to determine if you are eligible to apply and how to make an application.

Human Rights, Private & Family Life

If you do not have valid leave to remain in the UK, you may eish to apply for leave based on Human Rights considerations i.e. based on your private and/or family life in the UK. There may be exceptional and compelling circumstances which justify a grant of leave. In the event such an application is successful, your grant of leave will be issued under the ‘ten year’ route to settlement.

You can argue for leave to remain on the basis of your private life in the UK if:

You have lived in the UK continuously for 20 years; or
You have lived in the UK for less than 20 years but there would be very significant obstacles to your integration into the country to which you would have to go if required to leave the UK; or
You are under the age of 18 and have lived continuously in the UK for at least 7 years and it would not be reasonable to expect you to leave the UK; or
You are aged over 18 and under 25 and have spent at least half of your life living continuously in the UK

You can argue for leave to remain on the basis of your family life in the UK if:

You have a parental relationship with a child under the age of 18 who is in the UK
They have lived in the UK for the past seven years (discounting any period of imprisonment)
It would not be reasonable to expect the child to leave the UK
You have a genuine relationship with a partner who is settled in the UK
There are insurmountable obstacles (significant difficulties) to family life continuing outside the UK

Bail Applications

If you are detained at an immigration removal centre as an illegal immigrant, then your detention must be justified by the Home Office (UKBA). A failure to lawfully justify detention or a failure to correctly review detention may result in the detention being unlawful.

compensation

It may also be possible to claim for compensation if you have been a victim of unlawful detention or false imprisonment.

temporary release or bail

It is possible to apply to the Home Secretary (‘Secretary of State bail’) for temporary release or bail. In most cases, it is necessary to apply to the Immigration & Asylum Chamber of the First-tier Tribunal for bail.

We can prepare your bail application and represent you at bail hearing anywhere in the country (please see the terms of business for travel costs).

Travel Documents

If you are a refugee and/or have been granted asylum in the United Kingdom, you and your family members can apply for a travel document (or a certificate of travel) to allow you to travel outside the United Kingdom.

We Can Help

We can advise and help you with your application for these types of documents.

EU Settlement Scheme

EEA and Swiss Citizens and their ‘relevant’ family members can apply for an EUSS family permit and/or ‘settled status’ under the EU Settlement Scheme.

The EU Settlement Scheme (EUSS) was introduced to be compatible with the European Union (Withdrawal Agreement) Act 2020 and with the Citizen’s Rights Agreements agreed with EEA and Swiss citizens, and their family members ..

For purposes of the EU Settlement Scheme, family members of an EU or EEA national are:

Spouse, civil partner or unmarried partner
Child, grandchild, or great-grandchild under 21 (yours or your spouse/civil partner)
Dependent child, grandchild or great-grandchild over 21 (yours or your spouse/civil partner); and
Dependent parent or grandparent of you or your spouse/civil partner

Irish citizens do not need to apply for pre-settled status but may choose to do so. However, their family members must apply to the Scheme. ‘Compelling practical or compassionate’ reasons for late applications must be provided.

Whilst the EU Settlement Scheme was open until 30 June 2021, an application can still be made if there are ‘reasonable grounds’ for a late application.

You can switch from ‘pre-settled status’ to ‘settled status’. You must however apply for ‘settled status’ using the EU Settlement Scheme before your ‘pre-settled status’ expire.