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Our Services

Our team has extensive knowledge and expertise in meticulously preparing immigration applications to ensure a successful outcome. Throughout the process, we will provide you with comprehensive guidance and support from our experienced professionals to guide you towards a successful outcome.

Our Immigration Services

Couple

UK Visit Visas

Press Coverage

Human Rights

Adult Students

Study Visas

Family Walking

UK Family Visas

E-book Reader

Asylum Applications

Modern Office

Work and Business Visas

Writing an application

Settlement applications

Black Chess Pieces

Challenging Decisions

Work Colleagues

Legal Aid

IMMIGRATION SERVICES

Visiting the UK

  • UK Visit Visa

UK Family Visas

  • Spouse Visa

  • Fiancé Visa

  • Unmarried Partner Visa

  • Dependent Visa

  • Adult Dependent Visa

  • Child Dependent Visa

  • UK Ancestry Visa

Settlement

  • Indefinite Leave to Remain

  • Citizenship and Naturalisation

Human Rights and Asylum

  • Human Rights Applications

  • Asylum and Fresh Claim

Challenging Decisions

  • Administrative Review

  • Appeal

  • Judicial Review

  • Study Visas

  • Work and Business Visas

  • Legal aid 

Visiting the UK

UK Visitor Visas

If you are a 'visa national', it is necessary to apply for a Visit Visa before your travel to the UK. The Home Office's 'visa national' list includes around 115 countries such as Russia, China, and India. On the other hand, 'non-visa nationals' (citizens of countries not included on the 'visa national' list) do not need to apply for a visa prior to their visit. However, non-visa nationals must still meet all the requirements for a Visit Visa and will be assessed upon entry to the UK. 

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To apply for a Visit Visa, you must demonstrate that you have a legitimate purpose for coming to the UK, such as tourism, visiting family or friends, visiting for business, study or medical treatment etc. It is important to show that you intend to leave the UK after your visit, do not plan to live in the UK through frequent or repeated visits, and have sufficient funds to cover your expenses, including return flights. The Home Office will also consider any previous immigration issues or criminal records in their assessment. 

A short-term Visit Visa permits a trip to the UK for up to six months, while a long-term Visit Visa can cover periods of 2, 5, or 10 years and allows for multiple trips of up to six months each.

 

Contact Thames Hill Solicitors on 0203 314 0104 if you would like assistance with your visitor visa applications.
 

UK Family Visas

UK Spouse Visa

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A UK Spouse Visa permits a foreign national partner of a British citizen or settled individual (someone with indefinite leave to remain or EU settled status) to reside with their spouse in the United Kingdom. It also enables civil partners and unmarried partners of British citizens or those with indefinite leave to remain to live together with their partners in the UK.

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In order to enter or remain in the UK as the partner of a British citizen or settled person, you must be able to demonstrate the following:

  • That your partner based in the UK has one of the following: British or Irish citizenship, settled status in the UK, refugee status/humanitarian protection in the UK, Turkish Businessperson visa or Turkish Worker visa. 

  • Both you and your partner are at least 18 years old.

  • You are engaged in a genuine and enduring relationship.

  • You fulfil the financial prerequisites.

  • You satisfy the English language proficiency requirement.

  • You and your partner have suitable accommodation in the UK.

  • You and your partner have the intention to permanently reside together in the UK.

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Typically, applications must be made in the country where you hold nationality or residence. Alternatively, you may be eligible to apply for a switch to the Spouse category from within the UK, as long as you do not have visitor status.

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If your application is approved, you will receive a spouse visa that remains valid for 30 months (2.5 years). Upon reaching the end of this period, you can apply to extend your stay as a spouse for an additional 30 months.

 

As a spouse visa holder, you have unrestricted permission to work in the UK. Furthermore, you are permitted to pursue studies in the UK, subject to specific conditions.

 

After continuously residing in the UK for five years as a spouse visa holder, you can apply for indefinite leave to remain (also referred to as settlement) in the UK, provided that you are still married and living in the UK with your spouse and continue to meet the maintenance requirements. 
 

Fiancé Visa 

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The UK Fiancé Visa allows eligible foreign individuals over the age of 18 to come to the UK and marry or enter into a civil partnership with a British citizen or someone who has settled status in the UK. 


Once granted the Visa, you have 6 months to get married or enter into a civil partnership. After that, you can apply for a Spouse Visa. The Spouse Visa allows you to stay in the UK for 33 months initially, and then extend it for an additional 30 months, after which you are able to apply for Indefinite Leave to Remain (ILR).

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To make a successful application for the Fiancé Visa, you need to meet the following eligibility criteria and provide evidence of:

  • Both you and your partner being in a genuine relationship and both being over the age of 18.

  • The intention to marry or enter into a civil partnership within 6 months of arriving in the UK.

  • Your partner being a British or Irish citizen or having settled status in the UK Your partner may also hold a UK Turkish businessperson visa, UK Turkish worker visa, or have refugee status or humanitarian protection in the UK.

  • The intention to live together in the UK once married or in a civil partnership.

  • You and your partner fulfilling the financial prerequisites.

  • Suitable accommodation arrangements in the UK.

  • Sufficient knowledge of the English language, such as passing an English language test at level A1.
     

Unmarried Partner Visa

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 The UK Unmarried Partner Visa, also known as the UK de facto visa, grants permission for an unmarried individual with a partner who is either a British citizen or settled in the UK to live in the country for an initial period of 33 months. To be eligible, individuals in a de facto relationship must have maintained a genuine relationship with their UK-based partner for at least 2 years. You can be in a same-sex or opposite-sex relationship to be eligible for an Unmarried Partner Visa and provided that you are still eligible, you are able to extend the visa for an additional 30 months before its expiry. After residing in the UK on a UK de facto visa for 5 years, individuals may be able to apply for indefinite leave to remain. 

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To apply for a UK Unmarried Partner Visa, individuals must fulfil the following eligibility criteria: 

  • Both partners must be at least 18 years old. 

  • Both partners must have lived together in a genuine relationship for at least 2 years and must still be together. Evidence will be needed to satisfy the genuine relationship requirement.

  • Both partners must intend to live in the UK together. 

  • English language requirement: individuals must be able to speak English at the required level.

  • Financial requirement: applicants must possess sufficient funds to support themselves and any dependents. When evaluating an application, the Home Office will verify that the applicant has enough financial resources to sustain themselves during their time in the UK. 

The financial requirement does not apply to children who are British citizens, EEA nationals, settled in the UK, or qualify for ILR. 

The immigration rules also allow for applicants to apply if they do not meet the above requirements, so long as they can demonstrate that residing outside the UK as a couple would result in significant difficulties that cannot be overcome or if it would breach the applicant's human rights to not be able to live in the UK or leave the country. 
 

Dependent Visa

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A Dependant visa allows overseas family members of UK visa holders to come to the UK. Different types of visas, such as work, PhD study, business, and ancestry visas, allow holders to bring their dependant family members to the UK.

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 To be eligible for a dependant visa UK, you must be the spouse/partner or child of a person holding a UK work, PhD study, business, or ancestry visa. Partners must be married or in a civil partnership with the main visa holder or have been living together for at least 2 years.

Children must be under 18 years old or, if 16 years or older, financially dependent on the main visa holder. This means that they cannot be living an independent life, must live with the visa holder and be financially supported by the visa holder.

 

In order to qualify for a UK Dependent Visa, you must:

  • Meet the relationship requirements as a dependent family member.

  • Meet the financial requirements as a dependent family member.

  • Show proof of identity and relationship to the main visa holder.

  • Have an intention to live together with the main visa holder when you are in the UK.

 

The financial requirements for a dependant visa vary depending on the type of visa held by the main visa holder. In most cases, if the main visa holder and dependant have been in the UK for 12 months or more, there is no financial requirement. When applying for a dependant visa, you will need to provide various documents which your solicitor can advise you on.

 

Dependant visas are typically granted for the same duration as the main visa holder's permission. Dependant visa holders have the flexibility to live, work, study, and travel freely in the UK, but they cannot apply for public funds. 

 

Dependant visa holders can also apply for settlement (ILR) when the main visa holder is granted indefinite leave to remain. ILR comes with benefits, such as the ability to stay permanently in the UK and the option to apply for British citizenship after 1 year.

Adult Dependent Visa

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The UK Adult Dependent Relative visa, also known as the Adult Dependent visa or ADR visa, allows close family members from overseas who require care to come to the UK and be looked after by a settled person here. 

 

To be eligible for an Adult Dependent Relative Visa in the UK, applicants must be located outside the UK and need long-term care from a parent, grandchild, brother, sister, son, or daughter who is permanently residing in the UK. This visa is only open to close relatives of the UK sponsor, such as their parent, grandparent, sibling, or child who is 18 years or older. In addition, the applicant cannot be in a relationship with a partner unless the partner is also the sponsor's parent or grandparent applying to come to the UK together. It's important to note that cousins, nephews, and nieces do not qualify for the Adult Dependent visa.

 

The sponsoring relative in the UK must be 18 years or older and either a British or Irish citizen settled in the UK with indefinite leave to remain (ILR), EU Settlement Scheme (EUSS) settled status, or permanent residence from the EU/EEA. The sponsor may also be a person with refugee status or humanitarian protection in the UK.

 

The Home Office sets requirements for the UK Adult Dependent Relative visa, which include the applicant requiring long-term personal care due to age, illness, or disability and being unable to receive the necessary care in their home country. They must have no one in their home country who can reasonably provide the needed care and must be able to be adequately maintained, accommodated, and cared for in the UK. 

 

Evidence must be provided to demonstrate the need for long-term care and the lack of available care providers. Your solicitor can guide you on the appropriate evidence to submit with the application. The person providing care must have suitable living accommodation owned or exclusively occupied by the sponsor, and sufficient funds for at least 5 years to provide the required level of care without relying on public funds. The applicant must also meet the suitability requirements for entry and leave in the UK, taking into account factors such as conduct, character, associations, and criminal convictions, with no recent history of sentencing or conviction.
If the Home Office grant the Adult Dependent Visa, the applicant will be granted indefinite leave to remain in the UK. 

Child Dependent Visa


This Visa allows a child residing outside the UK to join a parent who is living in the country. Typically, both parents should be in the UK with the child for the application to be approved. However, if only one parent is in the UK, the sponsoring parent must demonstrate sole parental responsibility for the child. In cases where one parent is in the UK and the other is overseas, and the sponsoring parent cannot prove sole responsibility, they must provide evidence of a compelling family reason or other considerations that make excluding the child undesirable. 

 

Child Dependent Visa applications fall into three categories under the UK immigration system:

  • At least one parent is settled or applying for settlement in the UK: If a child's parent has settled status (e.g., indefinite leave to remain), the child can apply to join them in the UK and will be granted indefinite leave to remain as well. The parent may acquire settlement by living in the UK for a specified period (usually five years) under a work visa or other visa type.

  • At least one parent has or is applying for a partner visa: If a child has a parent who has obtained or is in the process of applying for a partner visa, they can join their parent in the UK. The child must be dependent on the partner visa applicant and can apply simultaneously or separately. After living in the UK with their parent for a qualifying period (typically five years), the child can apply for indefinite leave to remain.

  • At least one parent has limited leave to remain: Several long-term visa categories allow holders to bring dependents or have them join them in the UK. This includes visas such as the Skilled Worker visa, Health and Care Worker visa, Innovator visa and Ancestry visa among others.  Dependent children are usually granted leave to enter or remain based on their parents' granted time and can apply for renewal along with their parents' extensions. After residing in the UK for five years, the child can apply for indefinite leave to remain, but it is essential for the child to continue living with the sponsoring parent to be eligible for permanent residence. Step-children may also apply, however it is likely the Home Office will be require additional evidence that the main applicant or their partner has legal responsibility for the care and welfare of the child, the child can be financially supported, and that the biological parent of the child has given their permission for their child to live in the UK. 


In order to apply for a Child Dependent Visa:

  • The child must be under 18 and not married or in a civil partnership. If, however, the child is over 18 but had previously been granted permission to stay in the UK before turning 18 and is not living independently, they may still be eligible to apply.

  • The child should not be living an independent life.

  • Financial requirements: The sponsoring parent must demonstrate sufficient funds to support the child's life in the UK.

  • Proof of relationship: The UK-based parent must have full legal responsibility for the child.

  • Suitable accommodation: The UK-based parent must have adequate living arrangements for the child and the family that align with the laws and regulations.

 

Dependent children do not need to provide proof of English language proficiency.

UK Ancestry Visa

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The Home Office has set specific criteria for this type of visa. To be eligible:

  • You must be a Commonwealth citizen (including British Overseas Territories citizens, British National (Overseas), British Overseas citizens and British subjects)

  • One of your grandparents must have been born in the UK or Islands.

  • You must intend to work in the UK.

  • You must be able to support yourself financially and provide your own accommodation without relying on public funds.

  • You must be at least 17 years old when you plan to come to the UK.

  • Depending on your country of application, you may need to provide a certificate of tuberculosis (TB) test results.

 

A list of commonwealth citizens can be found here: British Nationality Act 1981 (legislation.gov.uk) 

Citizenship status must be confirmed through appropriate documentation. 

 

To qualify for an Ancestry Visa, one of your grandparents must have been born in the UK, Isle of Man, Channel Islands, Ireland (before 31 March 1922), or on a British registered or owned ship or aircraft. In certain circumstances, adoption is recognised as qualifying ancestry, as long as it was a legal adoption according to English law. However, being a stepchild of the grandparent does not automatically qualify unless a formal adoption order was made.

 

Financially, there is no specific minimum savings requirement for an Ancestry Visa. The important requirement is that you can adequately support yourself and any dependents without relying on public funds. This type of visa also allows you to work in the UK.

If your application is approved by the Home Office, you will be issued with a five-year visa. After this, you can apply for indefinite leave to remain (ILR) without giving up your Commonwealth citizenship. ILR grants you the ability to stay in the UK indefinitely, free from immigration control. With ILR, you are not bound by the conditions of the Ancestry Visa and do not need to make subsequent visa applications, as ILR is not time-limited. After obtaining ILR, you can proceed to apply for British citizenship, where you have the option to either relinquish your original nationality or acquire dual nationality. 

 

Contact Thames Hill Solicitors on 0203 314 0104 if you would like assistance with your family visa applications.
 

Settlement 

Indefinite Leave to Remain (ILR)

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Indefinite Leave to Remain (ILR) or Permanent Residency (PR) is an immigration status that allows individuals to live in the United Kingdom without any restrictions. ILR serves as the first step towards naturalisation and gaining full citizenship. Spouses of British nationals, who are residing in the UK with a sponsoring partner, can apply for an Indefinite Leave to Remain application 28 days before completing their 5-year (60-month) partner visa. To be eligible for ILR, it is necessary to stay in the UK for a minimum of five years, though some circumstances may allow for eligibility after three or even two years of residence. Different immigration visa categories, such as the Innovator Visa, Spouse Visa, and Skilled Worker Visa, can potentially lead to securing ILR. However, the process of obtaining ILR can be intricate and complex. To ensure a smooth and successful application, contact Thames Hill Solicitors for assistance with your application. 
 

Citizenship and naturalisation 

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Applying for British citizenship carries numerous benefits, such as the right to vote in the UK, the ability to apply for a British passport, and unrestricted entry into the country. Our experienced immigration team has helped individuals from around the world settle in the UK as citizens. With our knowledge and expertise, our solicitors can provide the guidance and assistance necessary for a successful British citizenship application.

 

To be eligible, you must first have indefinite leave to remain in the UK. If you are a foreign national who has been living in the UK for at least five years, you may need to apply for permanent settlement, also known as indefinite leave to remain, before being eligible to apply for British citizenship. Once you have been granted indefinite leave to remain and have lived in the UK for at least one more year, you can likely proceed with your British citizenship application.

 

There are several requirements that must be met, including being aged 18 or over, having good character (no recent or serious criminal record, no attempts to deceive the Home Office, and no immigration offenses in the last ten years), planning to continue living in the UK after receiving citizenship, meeting English language and Life in the UK test requirements, and fulfilling specific residency requirements.

 

Our immigration team can provide expert advice and assist you throughout the British citizenship application process, ensuring a stress-free experience. Contact Thames Hill Solicitors today to find out if you are eligible and receive the guidance you need.

Human rights and Asylum applications   

Human rights applications

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As a public body, the Home Office is obliged to consider the principles of the European Convention on Human Rights (ECHR) when assessing immigration applications. Human rights applications can encompass a range of factors and categories, such as family visas that require meeting specific criteria or private life applications falling under para 276ADE of Immigration Rules. Successful private life applications may be possible if an applicant has lived in the UK for over 20 years (excluding prison time), or under age 18 with at least 7 years of residency, among other circumstances. While Article 8 of the ECHR guarantees the right to private and family life, this is not an absolute right, and the government retains the discretion to control immigration. As experienced immigration Solicitors, Thames Hill Solicitors know the importance of building a robust case surrounding a human rights application and providing adequate supporting documents to argue against any breach of the applicant's rights under the ECHR resulting from a visa or ILR refusal.

Asylum and Fresh Claim Applications 

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In order to seek refuge in the UK, it is necessary for you to demonstrate that your safety is at risk in every part of your own country due to fear of persecution. This persecution must be based on factors such as race, religion, nationality, political opinion, or any other characteristic that puts you in danger due to the societal, cultural, religious, or political situation in your country. It is also important that you have attempted to seek protection from authorities in your own country.

 

There are certain circumstances in which your claim may not be considered. If you are from an EU country or have travelled to the UK through a "safe third country," or if you have a connection to a safe third country where you could seek asylum, your claim might not be accepted. A safe third country refers to a country where you are not a citizen and where you would not face harm, as well as a country that would not transfer you to another country where you would be harmed.

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If you have a partner and children under the age of 18 who are with you in the UK, you can include them as dependents in your application. If your application is approved, your dependents will generally be granted permission to stay for the same duration as you. However, they will not receive refugee status unless they apply for asylum on their own.

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Obtaining refugee status means that you are protected by the Refugee Convention, which provides certain rights and benefits. For example, you may be eligible to apply for family reunion or a refugee integration loan.

 

If you have previously been refused asylum and have new evidence to submit to the Home Office you may be able to make a fresh claim for asylum if the evidence is significantly different from the material that has previously been considered and taken together with previously considered material creates a realistic prospect of success. 
 

Challenging Decisions

We understand that receiving a negative decision regarding your immigration status, or that of a loved one, can be incredibly worrisome. Our team of immigration experts are dedicated to working closely with you to determine the best course of action based on your specific circumstances. There are instances where submitting a fresh application may be the most suitable approach, while in other cases it may be more advantageous to challenge the negative decision. Regardless of the situation, Thames Hill Solicitors can assist you by thoroughly reviewing your case and providing guidance on the most appropriate route. We will ensure that your application is prepared with the strongest possible arguments and guide you through the relevant path to successfully challenge the decision.

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Depending on your circumstances, we can pursue one of three routes: Administrative Review, appeal, or Judicial Review.

 

  • Administrative Review

Administrative Review provides an opportunity to challenge a negative decision due to errors made by the case worker. This may include instances where evidence was not properly considered, incorrect application of immigration rules or policies, or mistakes made by the Home Office during processing. If Administrative Review is the appropriate route for your situation, our experts will assist you throughout the process.

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Thames Hill Solicitors can assist you with the following types of Administrative Review cases:

  • Your visa refused without a right of appeal.

  • Your application refused without a right of appeal.

  • Applications under the EU settlement scheme

  • Nationality refusals by the Home Office ( Nationality Office)

 

  • Appeal 

Appeal rights exist if the Home Office has refused your claim for international protection or revoked your protection status, rejected your human rights claim (including family migration applications), or denied your EU Settled Status application made after 31st January 2020. Our team will evaluate your case and advise you on prospects of pursuing an appeal. The appeal process involves a hearing before a judge who will assess your application and determine whether the Home Office's decision should be overturned. The judge will consider factors such as the correctness of the factual assessment based on the materials you provided.

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Thames Hill Solicitors can assist you with the following types of appeal matters:

  • Asylum appeals.

  • Immigration appeals.

  • Criminal deportation appeals.

  • Deprivation of British citizenships appeals.

  • Legal EEA appeals.

  • Appeals in respect of European law rights. 

  • Error of law appeals.

  • Appeals in the Court of Appeal

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  • Judicial Review

In contrast, Judicial Review focuses on the legality, fairness, and reasonableness of the decision-making process rather than the decision itself. It also allows for judicial evaluation of decisions made by other courts in some immigration cases. 

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Thames Hill Solicitors can assist you with the following types of judicial review cases:

  • Preventing removals from the UK.

  • Unlawful detention.

  • Wrongful refusals of visas or applications.

  • Delay in deciding your application.

  • Unlawful decision making by public authorities.

  • Wrongful exercise by public authorities.

  • Misapplication of law by public authorities.

  • Wrongful exercise of discretion by public authorities. 

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If you would like assistance with challenging a negative decision, contact Thames Hill Solicitors on 0203 314 0104.

Study Visas

To obtain a UK Student Visa, you must apply if you plan to study in the UK for over six months and do not hold another eligible category of visa. To qualify, you must meet certain requirements such as being over the age of 16 (or having parental consent if under 18), receiving a valid Confirmation of Acceptance for Studies from a Home Office approved school, college or university in the UK, having sufficient funds to cover your tuition and living costs in the UK, as well as being able to speak, read, write, and understand English. 


It is worth noting that there are certain restrictions that come along with this type of visa. For instance, you cannot work more than 20 hours per week during term-time if you are studying at degree level or higher. Additionally, you cannot be self-employed, work as a professional sportsperson, entertainer, or fill a permanent full-time vacancy. If you are studying on a course lasting 12 months or longer, you will receive a visa valid for the duration of your course plus up to five extra months. However, you cannot spend more than five years in the UK if you are 18 or over and your course is at degree level, or more than two years if your course is below degree level. Although this visa type does not lead to permanent residence, you may be eligible to apply for it after residing in the UK for ten years through multiple visas, including a Student Visa. Please contact Thames Hill Solicitors on 0203 314 0104 for more information about our immigration services.

Work and Business Visas

If you are interested in obtaining a work visa in the UK, reach out to our team of experienced solicitors at Thames Hill Solicitors. We pride ourselves on providing prompt, accommodating, trustworthy, and transparent legal assistance for all your work visa applications. Our expertise lies in all types of UK work and business visas, and we can guide you through every stage of the application process. Whether you need assistance with entry clearance for work visas, switching to a work visa from within the UK, renewing or extending work visas, or applying for Indefinite Leave to Remain (ILR) based on work visas, our skilled team of solicitors can provide you with comprehensive legal help and support.

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UK Employment Sponsored Work Visa

There are a number of long-term work visas available for individuals sponsored by a UK employer that has obtained Home Office approval. These visas, except for the UK Expansion Worker visa (Global Business Mobility), lead to Indefinite Leave to Remain (ILR) after five years of residence in the UK. 

  • Skilled Worker Visa UK

  • Health and Care Worker Visa UK

  • Scale-up UK Visa

  • T2 Minister of Religion Visa UK

  • International Sportsperson Visa

  • UK Expansion Worker Visa.

  • The Temporary Work Visa (though not all visas require sponsorship)

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Investor, Business Development and Talent Visas 

These visas are designed for individuals who possess high qualifications and seek to invest in the UK, establish their own business, or provide highly skilled services in their specialised field. Contact our specialist immigration advisors if you would like assistance with the following: 

  • Sole Representative Of An Overseas Business Visa

  • High Potential Individual (HPI) Visa

  • UK Global Talent Visa

  • UK Innovator Founder Visa

 

Employer applications and services

Our expertise also lies in providing guidance on the optimal solutions for hiring foreign nationals, and determining which visa pathways will best suit their unique requirements in the most efficient manner.

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Sponsorship licence and Immigration Compliance Audit Services

Many work visa routes necessitate employers obtaining a Sponsor Licence as the primary requirement. This license enables your business or organisation to navigate through numerous immigration routes in order to employ overseas nationals. Our knowledgeable team will assess your organisation's specific circumstances and requirements, and provide guidance on the routes that best align with your needs. We will assist you in preparing your licence application and ensuring readiness for a Home Office inspection visit. Additionally, we offer ongoing support throughout the duration of your licence, helping you manage compliance with sponsor duties and facilitating the four-year licence renewal process. In cases of licence suspension or threatened revocation, we are also available to provide emergency support. 

Please contact Thames Hill Solicitors on 0203 314 0104 for more information about our immigration services.

Legal Aid

Thames Hill Solicitor’s provides dedicated legal aid services to its clients. Even if your case falls in a category where legal aid is available, this will be subject to you being eligible and meeting the means and merits criteria set by the Legal Aid Agency. If you do not qualify for legal aid, we can provide you with these services on a private paying basis. 
 
Note: The Illegal Migration Act 2023 has recently come into force. The Act has brought about significant changes to the UK asylum and immigration system for people who arrive in the UK on or after 20 July 2023. Once these developments become clear and are implemented, Thames Hill Solicitors will provide updated information to its clients. 

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What is in scope? 
In general, immigration cases are out of scope for public funding, however there are exceptions to this exclusion, as explained below. 

 

Asylum
Legal aid remains available for asylum cases. 

 

Challenges to immigration detention
Legal aid is available for challenges relating to immigration detention, such as bail, temporary admission, or release, including challenges to the conditions imposed upon release. 

 

Domestic violence
Applications for indefinite leave to remain under the domestic violence immigration rules and for EEA residence permits based on retained rights of residence due to domestic violence are still covered by legal aid. However, legal aid for applications under the Immigration Rules is limited to survivors of domestic violence who have permission to stay in the UK as spouses, partners, or cohabitants of British citizens or settled persons. It does not extend to individuals married to refugees, workers, or children and other family members who have experienced domestic violence. 

 

Trafficking, slavery, forced or compulsory labour
Thames Hill Solicitors are specialists in trafficking, slavery, forced or compulsory labour cases. Legal aid is available for any application for leave to enter or remain for someone who is a victim of trafficking, provided they have a positive determination as a potential victim of trafficking and are awaiting a conclusive decision. If a victim of trafficking makes an asylum claim, legal aid will cover any connected immigration matters. 

 

Special Immigration Appeals Commission 
The Special Immigration Appeals Commission (SIAC) operates under legal aid, and all proceedings before the commission fall under its scope. While these cases are subject to a means test, it is generally acknowledged that they meet the merits test. 

 

Appeals and advocacy
If an immigration matter, including bail, falls within the scope of legal aid, then an appeal to the tribunal and representation in the higher courts are also covered. However, this is subject to meeting the required means and merits tests. Additionally, legal aid is available for advocacy in cases concerning a breach of obligations under the Equality Act 2010. This includes advocacy in the First-tier Tribunal and the Upper Tribunal for cases related to deprivation of citizenship under the British Nationality Act 1981 section 40A, as well as appeals against refusal of applications under the Immigration (European Economic Area) Regulations 2006 regulation 26. Furthermore, funding is provided for advocacy in judicial reviews within the Upper Tribunal. 

 

Judicial review
Legal aid is available for judicial review cases in immigration, just like in other areas of law. However, it should be noted that there are certain restrictions and exceptions specifically related to immigration and asylum cases. These exceptions prevent legal aid for judicial review in "an issue relating to immigration" under two circumstances:

  •  If the same issue, or a substantially similar issue, has already been the subject of a previous judicial review or an appeal to a court or tribunal, and the court or tribunal ruled against the potential claimant within the past year. It is therefore important to clearly identify what aspects of your judicial review challenge are new and have not been previously litigated in order to satisfy this requirement.

  • In cases involving judicial review of removal directions, where the directions were issued within a year or less after the latest of: the decision (or latest decision) to remove the person from the United Kingdom via removal directions, refusal of leave to appeal against that decision, or the determination or withdrawal of that appeal.

 

Exceptional cases
If a person's case is not eligible for legal aid, they may still have the option to seek exceptional case funding from the Legal Aid Agency. This applies when the person's human rights would be violated without legal aid. In order to qualify, the person must demonstrate the following: 

  • Legal aid is not typically available for their particular case. 

  • Their case is robust and well-founded. 

  • They meet the financial requirements for legal aid eligibility. 

  • Legal aid is necessary to prevent a breach of their human rights or rights under the European Union.

  • Without access to legal aid, it would be exceedingly difficult for them to pursue their case, or the proceedings would lack fairness.

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