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Frequently asked questions

Why choose ICS Legal?

We specialise in Immigration Law, Human Rights Law, British Nationality Law & European Law. Our lawyers provide honest, exceptional service to our clients. We believe that our service starts when we submit your application and we want our client to know we will keep them informed, answer there questions and your case worker will be just a phone call away.

What is the benefit of using our legal services when you want to come to the UK or extend or switch?

Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.

 

There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.

 

Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.

 

Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.

 

The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.

How can I trust your service?

We are regulated by the Office of the Immigration Services Commissioner (OISC). OISC is the government regulated body and it is a criminal offence if someone is providing Immigration advice without being regulated by the OISC. We are also members of Joint Council for the Welfare of Immigrants (JCWI). JCWI is an independent national voluntary organisation, campaigning for justice and combating racism in immigration and asylum law and policy.

What happens in the initial consultation?

Your case worker would take some background information regarding yourself. Relevant questions would be asked to ascertain whether your case can be handled by our team. You will also be able to ask questions, understand what is required to meet the Immigration Rules, Nationality Law and EU Law where relevant. Should we be able to provide assistance, your case worker will give you a customer care letter whereby it would outline the service agreement and the cost associated.

What happens after the consultation?

After each consultation we aim to provide a consultation report which would outline what was discussed, the action plan and what to do next.

When I meet the caseworker and I disclose personal information, would this be disclosed to anyone else?

We have a procedure in place for ensuring client confidentiality. We keep the affairs of our clients and all information relating to our clients confidential, except where we are compelled to disclose information by reason of a legal or regulatory obligation.

What is a customer care letter?

A customer care letter from us will ensure that we outline the service we would be providing, it would also provide a break down of the costs associated so you can rest assure that there are no hidden charges and that fees do not go up unless changes are made (i.e. Home Office fees etc).

Once I sign the customer care letter and my case would possibly fail, do I still have to pay your fees?

We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.

 

Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.

Do you provide one day Premium Services?

Yes, we have a special provision with the Home Office and majority case decisions are made on the same day.

Do you do “No Win No Fee”?

As a private legal firm, we want to ensure we can provide the service you want. Our fees are very competitive and that is why we do not provide a No Win No Fee service as we do not feel the need to over charge our clients with such schemes.

How is the fees paid and are there any surprises?

With us, you will know exactly what we would be charging. The fees are to be paid through cheque, cash or bank transfer. Home Office fees can be paid to us and we can make the payment on behalf of you. If there is any changes in Home Office fees, we will let you know immediately.

How often would I get updated once my case have been submitted?

Our commitment to our clients is that we will update you every time we get an update from the Home Office. The waiting period can be a very daunting time as decisions can be life changing however the Home Office do set some guidelines on waiting times, but we intend to keep you updated throughout the process.

Can you guarantee an application?

No, and this is the same even if you use a no win no fee service, it would be impossible for anyone to guarantee a successful application. The likelihood of an application being successful can be given based on previous cases or success rates, however we do not operate such a policy of selling our services based on previous applications.

What is your aftercare service?

We aim to ensure that this service is not used by any of our clients, but there are times where even with the best possible applications are unsuccessful. As we take our clients cases personally, we would like to provide a helping hand. We have designed an aftercare service whereby if your case fails, then your case worker would be able to help you look at other formalities of staying in the UK should you have valid leave still remaining or help you make an out country application. Please note should you require appealing on your matter, we can only deal with the initial appeal and your application will be straight away referred to an advisor who deals with representations.

Can I give you feedback on your service?

It is vital that all our clients can provide honest feedback, we would encourage this and this helps us to become better on our service delivery.

Can you help me find a UK Employer to sponsor a work permit or find me work?

No, we are a law firm which provides support in UK Immigration, Nationality and EU Free Movement Rights. However we have a subsidiary company which is jobslibrary.co.uk whereby you can look for work, apply and discuss with potential employers. We cannot influence any decisions and finding work is not something our team deals with.

How we deliver service

1) You contact us through e-mail or phone.

2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.

3) Your case then gets passed to a case worker.

4) Case Worker would contact you to set up an initial meeting.

5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.

6) You authorise us to be your legal representative by signing our customer care letter.

7) We will then start to request documents and information about your case this will build up your case pack.

8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.

9) Where possible we will go through every aspect of your case before case submission.

10) We will continue to update you throughout the case life cycle .

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Free Movement Rights: derivative rights of residence

The Derivative Residence allows non-EEA family members to remain in the UK. A ‘person with a derivative right to reside’ can apply for settled status (indefinite leave to enter or remain in the UK) or pre-settled status (limited leave to enter or remain in the UK) under the Immigration Rules, enabled by the Immigration Act 1971. 

‘Derivative rights’ are derived from wider EU law rather than from the Free Movement Directive 2004/38/EC and have been confirmed by CJEU judgments.

The Settlement Scheme separates the grounds of the application when made on the derivative rights of residency. As confirmation of a derivative right of residence, a person can apply for a derivative residence status which will be granted on the pre-settled status route if you have not completed 5 years residency or settled status, if you have completed the periods of residency in the UK. 

Types of derivative rights of residence 

A person may qualify for a derivative right of residence in one of the following categories:

  1. Zambrano cases.

  2. Chen cases.

  3. Ibrahim and Teixeira cases.

So let’s look at those categories in brief:

Zambrano cases

The primary carer of a British citizen child or dependent adult, where requiring the primary carer to leave the UK would the force that British citizen to leave the European Economic Area (EEA).

Chen cases 

The primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the primary carer to leave the UK would prevent the EEA national child exercising those free movement rights.

Ibrahim and Teixeira cases

The child of an EEA national worker or former worker where that child is in education in the UK. The primary carer of a child of an EEA national worker or former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK.

Dependent child aged under 18 of a primary career in one of the categories set out above

The dependent child of a primary carer where requiring that child to leave the UK would force the primary carer to leave the UK with them. A person who is claiming a derivative right of residence in a category above must meet the relevant conditions set out in the Immigration Rules.  

Applying for derivative residency

To apply under the derivative rights of residency, you must follow the correct application process, submit the proof of residency and submit the biometrics information. You can apply for limited leave to enter/remain or indefinite leave to enter/remain in the UK, depending on how long you have lived in the UK.

As part of the immigration application, you must demonstrate that you are a person with a derivative right to reside in the UK. Evidences would need to be submitted as part of your application for leave to remain or indefinite leave. 

In order to evidence that you meet the eligibility requirements of Part 1 of Appendix EU as a ‘person with a derivative right to reside’, you must submit documents as specified by the immigration rules, and demonstrate how you meet the requirements of the Immigration Rules. 

Applying for indefinite leave to enter or remain

You will be able to apply for indefinite leave to enter or remain under the derivative residency. As part of the application, you will need to have completed 5 years continuous residency, have limited absences from the UK and satisfy the requirements of being a qualified person throughout the periods of residency in the UK. 

Refusal of a derivative residence

If your application for derivative is refused, you will be able to appeal against the decision. You will have 14 days to lodge an appeal against the decision and the Home Office will reconsider their decision. The matter could be listed at the First Tier Tribunal. 

When challenging against the refusal, you will be asked to complete the claim form, submit the legal grounds and evidences. 

We recommend that you take some legal advice at first, to see whether the decision was reached correctly or not. You can email us a copy of the decision letter to info@icslegal.com

As part of our process, we will advise whether you should appeal the decision or re-apply for the derivative residence application. We will explain our reasons on why you should either appeal or submit a new application. 

Legal advice for the derivative application

Our UK Immigration Lawyers will provide you with the very best advice and most importantly putting your best interest at first. 

Our commitment to you is:

  1. Provide clear, straightforward legal advice in a language you understand.

  2. A highly professional personal service.

  3. A friendly, caring and approachable team of UK Immigration Lawyers. 

  4. Transparent costs with no hidden surprises.

It’s not that we think differently. It’s that we are different given our time in this industry. You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com

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