Applying for EU Settled & Pre Settled Status
If you’re a European Union (EU) citizen and want to permanently stay in the UK, you and your family members will be able to apply for the settled status or the pre-settled status.
Settled or pre-settled status will allow you and your family members to continue to live in the UK after December 2020.
Applications for EU Settled Status and Pre-Settled Status in the UK opened in 2019
You will not need to apply for these statuses if you:
- are an Irish citizen
- have indefinite leave to remain (ILR) in the UK
- have indefinite leave to enter the UK – for instance, you have a Returning Resident visa
However, your family members from outside the UK and Ireland will need to apply for permission to enter and live in the UK.
The citizens of Norway, Iceland, Liechtenstein and Switzerland are also able to make pre-settled and settled status applications to protect their right of residence in the UK.
What settled and pre-settled status means
With a settled status or pre-settled status under the EU Settlement Scheme, you and your family members will be able to continue to live and work in the UK after 31 December 2020.
With a settled status you will be entitled to:
- stay in the UK permanently; and
- apply for British citizenship
Should I get legal advice or help from a lawyer?
As with any immigration matter, you should consider getting specialist legal advice and representation in your pre-settled or settled status application. Otherwise, you may end up making a costly mistake resulting in refusal of your application. That refusal may also complicate things further as any future application may also be impacted by the initial refusal.
How much will it cost to get legal advice from MLC?
MLC Immigration Lawyers is offering expert legal advice to EU nationals with our fees costing typically £150 to £200 (excluding VAT). This represents fantastic value for money when compared to some legal firms that are charging in excess of £800 for the same service!
Why MLC Immigration Lawyers?
We are registered with the OISC and provide an exceptional service to our clients. Our five star reviews (over 160 of them!) and Best Immigration Business Award demonstrate the quality of our lawyers and the service we offer.
Contact Us today and get your application started.
Telephone: 0161 224 4224
Sole Representative Visa
A sole representative visa is one of the most suitable routes for businesses to establish a commercial presence in the UK. The route allows opening a UK branch or subsidiary of an overseas parent company which must be a genuine commercial enterprise with its principal place of business outside the UK.
Upon a successful application, the applicant will be granted with an entry clearance of 3 years which can be extended by a further 2 years. The applicant may qualify for indefinite leave to remain in the UK after 5 years of continuous leave under the category.
Applciants can apply to settle in the UK after 5 years.
Types of Sole Representative Visa
There are two types of job in this category that a person can apply to enter the UK to do. An applicant must either be:
- an overseas media employee
- is employed by an overseas newspaper, news agency or broadcasting organisation
- is being posted by their employer on a long-term assignment for them in the UK
- applying to be the sole representative in the UK of an overseas employer who intends to establish a commercial presence by operating a registered branch or wholly-owned subsidiary of that overseas business in the UK and that branch or subsidiary will operate in the same type of business activity as the overseas business
Requirements for Sole Representative Visa
The sole representative must intend to, and then actually, establish the new branch in the UK. This must be the same type of business as the parent company overseas. For example, it must supply a similar product or service. An overseas manufacturing company can establish a UK branch for the sale or servicing oftheir products in the UK
Sole representatives must have been employed by the company directly at the point atwhich initial entry clearance is applied for. The UK Subsidiary can employ a sole rep at a later date however if they are employed in a role which means they no longer have sole executive responsibility for the direction of the subsidiary they may need to switch to alternative visa.
- be recruited and employed outside the UK by a company whose headquarters and principal place of business are outside the UK
- have extensive related industry experience and knowledge
- hold a senior position within the company (but not be a major shareholder) and have full authority to make decisions on its behalf
- intend to establish the company’s first commercial presence in the UK, eg a registered branch or a wholly-owned subsidiary
- Meets the English language requirements with at least CEFR level A1 in speaking and listening
A holder of a representative of overseas business visa can apply to bring family members (‘dependants’) to the UK on this visa.
A ‘dependant’ is any of the following:
- Husband, wife or partner
- Child under 18
An applicant must prove they are still:
- required by the employer and the employer must certify this in a letter
- working in the job that entry clearance was granted for: they must show they are in receipt of a salary from their employer by evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid – for example, whether it was paid as basic or commission and the numbers of hours paid
Applicants must not be in breach of immigration laws, except that any periods of overstaying allowed by the Immigration Rules which will be disregarded.
In order to apply for indefinite leave to remain (ILR), a person must have spent a continuous period of five years in the representative of an overseas business category and must meet certain other requirements, including the Knowledge of Language and Life in the UK requirements, set out in the Immigration Rules.
Apply with Our Help
MLC Immigration Lawyers is an award winning OISC registered firm with over 160 five star reviews. We specialise in business immigration and can provide you with the expert guidance you need to submit your sole representative visa application .
Contact Us on 0161 2244224 or email firstname.lastname@example.org
Tier 2 Visa to Indefinite Leave to Remain – Settling in the UK
The great news for some Tier 2 Visa holders is that if you meet the requirements for Indefinite Leave to Remain (ILR), you can permanently settle in the UK.
Our specialist lawyers at MLC Immigration Lawyers are experts on this application route and can assist you with your application for permanent residency.
So what does ILR mean and what are the requirements?
Indefinite Leave to Remain status allows you to live and work in the UK without any time restrictions eventually leading to becoming naturalised as a British Citizen.
Achieving Indefinite leave to remain (ILR) means you will have permission to live in the UK without any time limit. As a holder of indefinite leave to remain status, you will be entitled to work in the UK as well as entitled to receive any state benefits that you qualify for.
Indefinite leave to remain is not the same thing as British citizenship. A person who holds Indefinite Leave to Remain retains their original nationality and they are not entitled, for example, to vote in General Elections unless they otherwise qualify for this by virtue of their nationality.
Once you hold indefinite leave to remain status, you are generally able to leave and return to the UK without restriction. However, if you leave the UK for over two years you may lose your indefinite leave to remain status.
Qualifying for Indefinite Leave to Remain
The exact requirements for how you might qualify for Indefinite Leave to Remain (ILR) depend on which Tier 2 visa you currently hold, but generally the ILR requirements can be summarised as:
- you have a Tier2 (Intra-Company Transfer, General, Sportsperson, Minister of Religion etc) visa
- you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
- your employer (sponsor) still needs you for your job
- you get paid the relevant salary listed in the Codes of Practice
- If you’re 18 to 64 years old when you apply, you must also:
- pass the Life in the UK Test
- meet the English language requirements
To understand your exact situation and how you might meet the requirements for Indefinite Leave to Remain when switching from a Tier 2 Visa, contact MLC Immigration Lawyers today.
Mr Annik Chaudery, Director and Immigration Lawyer
0161 224 4224
“MLC have been my guardian angels”
MLC Immigration Lawyers Shermina and Aleksander teamed up to assist Chiko with securing her Indefinite Leave to Remain status. This is what Chiko had to say about our Five Star services:
When I first came here for help I couldn’t sleep – that’s how scared I was the Home Office were going to come through my door. But Shermina was so calm and reassuring that it instantly put my mind at ease and made me feel confident I could face that because I knew there would be somebody there to support me throughout. Because she was so organised and presented me with a list of what to do, I could focus on it and approach my matter bit by bit and not get overwhelmed by the stress.
At some point Shermina asked if we could involve Aleksander, who was indeed another kind of rainbow and was amazing as he was able to bring up again my happy side, could really understand what I was going to through – and at the same time his casework is brilliant.
Now I got my visa and I am really coming forward: it came through so quickly and I can finally get my job back and I am so happy I cannot even express it. MLC have been my guardian angels and this place for a while felt like my home, where I can come and know that I will get the best support.
MLC Immigration Layers is an award winning Immigration Law Firm with clients from across the UK and the globe.
For assistance with your immigration needs Contact Us on 0161 224 4224 or email on email@example.com
Importance of Getting Good Legal Advice
This week, the Guardian published this article on Albert Dolbec’s immigration case. Albert is a 90 year old man with the health conditions that inevitably come with this great age.
Albert’s case is also a prime example of why immigration advice should be taken in all situations whether coming for a visit visa, as the spouse of a British citizen or other.Hannah Wilkinson, Immigration Caseworker
Many third country nationals (anyone who is from a countryoutside the UK or EEA) enter the UK on visit visas and then mistakenly believe that they can remain in the UK by switching to another visa.
The whole purpose of UK Immigration issuing visit visas is on the basis that the Applicant will return to their home country upon the expiration of their visit visa. In almost all instances, a third country national is unable to remain in the UK after they enter on a visit visa.
Despite these rigid rules, in Albert’s case, he may not have sought immigration advice and entered the UK on a visit visa with the belief that he could then remain on a spouse visa. However, whilst this is not within the strict rules, Home Office staff do have within their powers the ability to grant leave to remain to individuals in these situations where there are ‘compelling compassionate grounds’.
The grounds can be satisfied where the individual can show ‘exceptional circumstances which mean that a refusal of entry clearance or leave to remain would result in unjustifiably harsh consequences for theapplicant or their family’.
Whilst this is a high bar, individuals have succeeded in satisfying these grounds in cases such as R (on the application of Sharma) v Secretary of State for the Home Department IJR  UKUT 00484 (IAC
In Albert’s case the Home Office are clearly taking a hard stance and making the bar for compelling compassionate factors that little bit higher. This is contrast Sajid Javid’s comments last Summer on wanting to make the immigration system ‘fairer, more compassionate’ and to use common sense.
MLC Immigration Lawyers regularly support clients in situations similar to Albert’s and we are highly skilled in making successful applications on compassionate grounds and outside the immigration rules. Situations such as these demonstrate the absolute need for individuals to seek immigration advice.
If you need some legal advice relating to an immigration matter contact MLC TODAY.