Immigration detention and bail

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I can certainly help explain how you can challenge immigration detention and apply for immigration bail here in England and Wales. Dealing with immigration detention is incredibly stressful, but there are clear routes you can take to try and secure release. You generally have … Read more

Fresh claim after appeal rights exhausted

Hello. I would be happy to explain how this works. Yes, you absolutely can. In immigration law, the process of bringing new information to the Home Office after your appeal rights are exhausted is known as making further submissions. If the Home Office agrees that your new reasons are strong enough, they will treat your … Read more

Fresh claim after appeal rights exhausted

Hello there. I am Gemma, your legal assistant at Lawyer Destroyer. I know it can be a very stressful time when you are told your appeal rights are exhausted, but I can certainly explain the options available to you. The short answer is yes, you can make a fresh claim. However, there are strict rules … Read more

Refused asylum claim

Legal position: If your asylum claim has been refused by the Home Office in the United Kingdom, the options available to you depend on the specific circumstances of your case, as outlined in the refusal letter. Under the law of England and Wales, which governs immigration matters including asylum, you may have a right of … Read more

Asylum seeker work during decision wait

Legal position: Under the Immigration Rules in England and Wales, individuals who have claimed asylum in the United Kingdom and are awaiting a decision on their claim are generally not permitted to work. This restriction applies from the point of claiming asylum until a final decision is made, including any appeals process. The rationale is … Read more

Asylum claim after visa entry

Legal position: It is possible to claim asylum in the United Kingdom after entering on a valid visa, provided you meet the criteria for international protection under the Refugee Convention and UK immigration rules. The key requirement is that you must demonstrate a well-founded fear of persecution in your home country based on reasons such … Read more

Immigration status after sponsor abuse

Legal position: Under the Immigration Rules of England and Wales (specifically Appendix FM and Appendix Victim of Domestic Abuse), if you are in the UK on a partner visa (such as a spouse, civil partner, or unmarried partner visa) sponsored by a British citizen, a person with indefinite leave to remain, or certain other settled … Read more

Staying in UK after partner separation

Legal position: Under the Immigration Rules of the United Kingdom, specifically Appendix FM, if you entered or remained in the UK on a partner visa based on your relationship with a British citizen or a person settled in the UK, separation from that partner can affect your right to stay. However, there are provisions allowing … Read more

UK residency via child’s status

Legal position: Under the Immigration Rules of the United Kingdom, specifically Appendix FM, there is provision for a parent to apply for leave to remain in the UK based on their relationship with a qualifying child. A qualifying child includes one who is British, or who has lived continuously in the UK for at least … Read more

Immigration application fee waiver

Eligibility for fee waivers: In England and Wales, the Home Office provides fee waivers for certain immigration applications based on human rights grounds, including those related to family life or private life under Article 8 of the European Convention on Human Rights. This is typically available for in-country applications, such as those under Appendix FM … Read more

Home Office NRPF condition removal

Legal position: The no recourse to public funds (NRPF) condition is a standard restriction imposed on many types of limited leave to enter or remain in the UK, as set out in the Immigration Rules (specifically Appendix FM and other relevant parts). It prevents individuals from accessing most public funds, such as welfare benefits, housing … Read more

Benefits eligibility with no recourse visa

Legal position: The condition of "no recourse to public funds" (NRPF) is a standard restriction attached to many UK visas and grants of leave to remain, as governed by the Immigration Rules and section 115 of the Immigration and Asylum Act 1999. This means that individuals subject to NRPF are generally prohibited from accessing most … Read more

Citizenship application after indefinite leave to remain

The short answer is no, you cannot apply for British citizenship immediately after getting indefinite leave to remain. There is a mandatory waiting period. Residence requirement: Under the British Nationality Act 1981, you must normally have held indefinite leave to remain (or equivalent settled status) for at least 12 months before you can apply for … Read more

ILR eligibility without Life in UK test

Short answer: No. You cannot be granted Indefinite Leave to Remain if you have not met the Life in the UK test and the English language requirement, where these apply to your route. Both are mandatory requirements for most ILR applications. Legal position: The requirement to pass the Life in the UK test and demonstrate … Read more

Gap in lawful residence before ILR

Gaps in lawful residence before applying for Indefinite Leave to Remain (ILR) can be a serious problem, but the impact depends on the route you are applying under, the length of the gap, the reason for it, and what happened during the gap. Let me walk through the key issues. The general requirement: Most ILR … Read more

Indefinite leave to remain via long residence

The 10-year long residence route to indefinite leave to remain is set out in paragraph 276B of the Immigration Rules. It allows a person who has lived continuously and lawfully in the United Kingdom for at least 10 years to apply for settlement. It sounds straightforward, but the detail matters a great deal, so let … Read more

UK absences affecting settlement eligibility

This is an important question because absences from the UK can indeed affect your eligibility for indefinite leave to remain (settlement) on the 5-year route, and the rules are more detailed than many people realise. The general position: Under the Immigration Rules, most 5-year routes to settlement require you to demonstrate continuous residence in the … Read more

Indefinite leave to remain with absences

This is a common concern, and the answer depends on the specific immigration route you are on, how much time you have spent outside the UK, and the reasons for your absences. General position: Most routes to indefinite leave to remain (ILR) require you to demonstrate continuous lawful residence in the UK for a qualifying … Read more

Dependant visa for partner and children

This is an important question, but the answer depends heavily on your own immigration status in the UK. The rules for bringing dependants vary significantly depending on which route you are on, so let me set out the main scenarios. If you are a British citizen or have settled status (indefinite leave to remain): Your … Read more

Dependant visa status after curtailment or refusal

This is an important question and the answer depends on several factors, including the type of visa you hold, the immigration status of your dependants, and the specific circumstances of the curtailment or refusal. General position: Dependants in the UK on a visa linked to yours (for example, as your partner or child under the … Read more