Immigration Law — All Routes Covered
The UK's points-based immigration system governs entry and stay for nearly all non-British nationals. A specialist solicitor advises on the correct route, the qualifying criteria, and how to present the strongest possible application.
Spouse and civil partner visas, unmarried partner visas, fiancé(e) visas, and family reunion under Appendix FM. Financial requirement, English language, and suitability rules.
Skilled Worker visa under the points-based system. Certificate of Sponsorship, salary thresholds, and qualifying occupation codes. Intra-Company Transfer, Global Talent, and other work routes.
Student visa (replaced Tier 4), CAS confirmation, English language, maintenance funds, and working restrictions. Child Student visa. Graduate route post-study.
Employer and education sponsor licence applications. SMS duties, A-rating and B-rating, genuine vacancy test, compliance visits, and licence renewal.
Administrative review of Home Office decisions. First-tier Tribunal (Immigration and Asylum Chamber) appeals. Upper Tribunal and judicial review of unlawful decisions.
ILR applications after 5 years' continuous lawful residence. 10-year long residence route. Life in the UK test, English language, and continuous residence rules.
Naturalisation under s.6 British Nationality Act 1981. Registration routes for those born before 1983, children of British parents, and stateless persons. Good character requirement.
Refugee status under the 1951 Refugee Convention. Article 3 ECHR protection from torture and inhuman treatment. Article 8 ECHR right to private and family life. Humanitarian protection.
Automatic deportation under s.32 UK Borders Act 2007. Exceptions under s.33 UKBA and Article 8 ECHR. Voluntary departure and removal directions.
Challenging Home Office decisions through administrative review and judicial review in the Upper Tribunal. Grounds of illegality, irrationality, and procedural unfairness.
The UK Points-Based Immigration System
Since 1 January 2021, EU and non-EU nationals are treated equally under the UK's points-based immigration system (PBS). Free movement has ended. Anyone who is not a British or Irish national and does not have pre-settled or settled status under the EU Settlement Scheme requires permission to enter or remain.
When the Home Office Refuses
A Home Office refusal is not always the end. The available challenge routes depend on the type of decision:
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1
Administrative review
Available for many in-country decisions. Must be applied for within 14 days (in-country) or 28 days (overseas). The Home Office reviews whether a caseworking error led to the incorrect decision. A solicitor identifies the specific errors in the refusal letter.
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2
First-tier Tribunal appeal
Available where the refusal engages human rights (Article 8 ECHR), asylum, or EEA grounds. Must be lodged within 14 or 28 days of the decision. The Tribunal hears the case afresh — a solicitor prepares a full bundle of evidence and legal submissions.
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3
Upper Tribunal
Appeals against First-tier Tribunal decisions on points of law. Permission required from the FTT or the UT. A solicitor identifies the specific legal error and drafts grounds of appeal.
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4
Judicial review
Challenges unlawful Home Office decisions not subject to a statutory right of appeal. Grounds: illegality, irrationality, procedural unfairness. Heard in the Upper Tribunal (Immigration and Asylum Chamber) for most immigration JRs. Strict 3-month time limit.
Frequently Asked Questions
Can EU citizens still live and work in the UK?
EU, EEA, and Swiss nationals who were living in the UK before 31 December 2020 can apply under the EU Settlement Scheme for settled status (if 5+ years' continuous residence) or pre-settled status (under 5 years). The deadline to apply was 30 June 2021 — those who missed it may still apply with reasonable grounds for the delay. New arrivals from the EU require a visa like any other national.
How long does a UK visa application take?
Standard processing times vary by route: most non-settlement visa applications are processed within 8 weeks (standard) or 3 weeks (priority) or 1 week (super-priority). Settlement applications (ILR) are typically 6 months standard. Asylum decisions have no fixed target but the Home Office aims to decide straightforward cases within 6 months. Priority services are available for an additional fee for many routes.
Do I need a solicitor to apply for a UK visa?
You are not required to use a solicitor, but a specialist immigration solicitor significantly reduces the risk of refusal — particularly for complex cases, applications involving a change of circumstances, those with previous refusals, and settlement and citizenship applications. An immigration adviser must be registered with the Office of the Immigration Services Commissioner (OISC) or be a regulated solicitor.
What happens to my current leave if my visa is refused?
If you applied to extend or switch leave before your current leave expired, you have section 3C leave — your existing leave continues automatically while an appeal or administrative review is pending. Section 3C leave ends when the appeal process is exhausted. If you overstay without a pending application or appeal, you accrue an unlawful presence, which can affect future applications and trigger removal.
Can I work while my immigration application is pending?
If you had permission to work under your previous visa and you applied in time (before it expired), s.3C leave continues your existing conditions — including any permission to work — while the application is being decided and any appeal is pending. If your previous leave did not include work permission, you cannot work while the application is pending. Overstayers have no right to work.