The United Kingdom
A country with one of the richest cultural heritage, the UK is certainly a place where everyone wants to live, or at least visit once. Whether it is the historic sites, landscapes, or modern and monarchy architectural wonders, everything about this country is awe-inspiring. Buckingham Palace, the Tower of London, The Big Ben, London Eye, Windsor Castle, 30 St Mary Axe, Stonehenge, and the list goes on.
Life in the UK has its own meaning. Brits, despite being proud of their British citizenship, are usually modest and tolerant to foreign nationals. Being among the top economies of the world, the UK has no shortage of employment opportunities. As for the education, the British Education system has been seen as a benchmark for centuries. Oxford, Cambridge and other major universities of the UK have always allured foreign students.
As demand for different types of UK visas continues to grow, the government has become more restrictive in granting them. Especially in the past few years, with new government in power, migrating to UK has become more difficult. Although, the government has imposed new regulations to stop illegal immigration, but the legal immigration channels have also been affected.
From eligibility criteria to other visa requirements, everything about the UK immigration has become more challenging. In such a restrictive environment, it becomes almost a necessity to take assistance of immigration consultants. AAlex Law is your one stop solution for all kinds of UK visa needs. We have experienced immigration consultants who have the expertise to guide clients through the UK immigration process despite its restraining immigration policy. We first ensure that you are meeting all the visa requirements as per the new guidelines, explain you your Pros & Cons and then help you in preparing and lodging your visa application through the right channel.
Immigration Law & Criminal Offences
The area of Practice is concerned with Detention; Temporary Admission, Temporary Release on Restrictions and Temporary Bail; Deportation; Administrative Removal; Appeals; Public Funding in Immigration and Asylum Cases and Welfare Benefits. The Principle is that there are two ways of dealing with illegal immigrants:
• Administratively by the Immigration Authorities, i.e. UK Border Agency Officers is it was known and now with the UKVI; or
• By way of criminal proceedings.
The Crown Prosecution Service (CPS) has piloted the administering of a simple caution to foreign national offenders committing document offences who consented to being removed on a voluntary basis. These pilots are continuing until new provisions in the Legal Aid and Sentencing Provisions Bill come into force, when the Directors Guidance on Conditional Cautioning will provide national guidance on this type of diversion. In general, even if criminal proceedings cannot be taken, a person may remain administratively categorised as an illegal immigrant and still be subject to deportation or removed by the Home Office under section 3(5) or section 4(2) Immigration Act 1971 (the 1971 Act). For example, entering without Leave – section 24 Immigration Act 1971, this offence came into force on 1 January 1973.The offence of entering without leave is committed only if no leave at all was granted.
If leave was obtained by fraud, then prosecutors should consider an offence of obtaining leave by deception under section 24(A) of the Immigration Act 1971 in addition to offences under the Forgery and Counterfeiting Act 1981.This offence can only be committed by non-British citizens and requires proof that they knowingly entered the UK without leave of an immigration officer or in breach of a deportation order. The offence is committed on the day of entry only and is not a continuing offence. The offence is a summary offence; the maximum sentence on conviction is 6 months’ imprisonment or a maximum fine on level 4.
Other Categories of Immigration
The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here. Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 year’s continuous lawful residence or any other lawful residence over 10 years. Before 9 July 2012 it was possible to grant long residence after a period of 14 years continuous residence, but that provision was removed by changes to the Immigration Rules on that date. However, a person granted an extension of stay following an application made before 9 July 2012 can still be considered under the rules in force before that date. This means a person granted leave to remain on the basis of 14 years residence in the UK can still be granted ILR once the requirements are met.
The Rules on Private life were introduced from 09 July 2012 and are designed to infuse or permeate immigration with Article 8 ECHR. The 7 year child concession has been brought back but has been fully integrated into the Immigration Rules. Leave to remain on the grounds of private life in the UK is considered under Paragraph 276BE(1). Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements in paragraph 276ADE(1) are met or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v), were met in a previous application which led to a grant of limited leave to remain under this sub-paragraph. Such leave shall be given subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition under Paragraph 276BE(2). Where an applicant does not meet the requirements in paragraph 276ADE(1) but the Secretary of State grants leave to remain outside the rules on Article 8 grounds, the applicant will normally be granted leave for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.