
Rodriguez & Co. Solicitors Ltd.

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- Testimonials/Recomendaciones
Here is what some of our clients have said about our service: A client from Kenya/un cliente de Kenia "You are an inspiration and you story is amazing. We are grateful for your advice and helped us to have options.." A client from Serbia/un cliente de Serbia "We are very happy with your prompt reply and advice. That was what we wanted." A client from Venezuela/un cliente de Venezuela " Your advice yesterday, helped me a lot to head my head around of this visa. 100% recommended." A client from Albania/un cliente de la Albania "My application for indefinite leave to remain was successful thanks to you Silvia." A client from Guatemala/un cliente de México "What a relief! I know what to do next. Happy with your advice." A client from Mexico/un cliente de México "100% recommended." A client from Cuba/un cliente de Cuba "Estoy muy content con su consejo y lo mejor fue recibir la informacion en Espanol. 100% recomendada" "I am happy with your advice and also that you speak in Spanish. 100% recommended." A client from China/un cliente de China " I am very grateful that you made my British citizenship application which was successful and now I can have my British passport." A client from England/un cliente de Inglaterra "My wife’s spouse visa application was successful, thanks to you. Now we are happy. Thanks Silvia." A client from Venezuela/un cliente de Venezuela "Muchas gracias, que contenta de saber que pude recibir el servicio en Español. Ahora entiendo todo." A client from Chile/un cliente de Chile. "Your advice was a relief, if it was not for your prompt reply, I would not be able to apply on time for the visa." " Qué alivio su consejo, si no hubiese sido por esa información, hubiesemos applicado tarde." Clients from England and America/clientes de Inglaterra y los Estados Unidos "Silvia, you are brilliant! We are happy with all your help with the visa application. It removes a great burden from our shoulders." A client from Greece/un cliente de Grecia "I cannot be more than happy with your advice. My husband now can take a decision on the visa application." A client from Angola/un cliente de Angola "What I most like about you is your patience and now I understand my situation easier. Very much appreciated." A client from Scotland/un cliente de Escocia "I am happy to find an immigration advisor in Scotland who speaks Spanish with the culture of Latin-American." A client from Nigeria/un cliente de Nigeria "You have been brilliant, I did not know about all these options. That is a relief." A client from El Salvador/un cliente de El Salvador "We are very happy to find you. What I most like about you Silvia is the way that you followed our case." A client from Mexico/un cliente de México "You have answered all our questions, Now we can make a decision. Definitely, we will recommend you 100%." "Usted ha respondido todas nuestras preguntas. Ahora Podemos tomar una decision. Seguro que la recomendamos 100%." A client from Italy/un cliente de Italia "Thank you so much for your help. My passport application was successful and I now have my passport. What a relief!" A client from Ecuador/un cliente de Ecuador "It was a great help and I am happy with your service. What I most like was to know that there is someone who has Latin American background and can help us." A client from the Dominican Republic/un cliente de la República Dominicana "It was great to meet a lawyer who has Latin American background and speaks Spanish. It was easier and it was massive help.. Thanks a lot." A client from the Pakistan/un cliente de Pakistán "Silvia, your advice was excellent, I was not sure what to do but now I understand and I can take a decision. Thanks a lot." A client from Colombia/un cliente de Colombia "Your advice was great, I was happy with Silvia. She is very professional and knowledgeable. She explained to me in details what our options were and she took a lot of stress away from us. Thank you so much." A client from Mexico/un cliente de México "Muchas gracias doctora, ahora sabemos que hacer con el consejo que nos ha dado. Estamos contentas." A client from Pakistan/un cliente de Pakistán "Thank you so much, you are very patient and knowledgeable. This is what I wanted to know. Look forward to seeing you next week. Your service is 10 out of 10 recommended. Once again, thanks." A client from England/un cliente de Inglaterra "My husband is a Spanish speaker and it was a relief when I knew that you were a Spanish native. We are happy with all the information and advice given. Very much appreciated. Definitely, I will recommend you 100% " A client from Colombia/un cliente de Colombia "Muchas gracias a Rodriguez Immigration Services Ltd por la asesoría recibida en relación a la visa de trabajo para mi hijo, quien reside en Colombia. Toda la información recibida ha sido certera y de gran ayuda en el proceso de solicitud de dicha visa. Con certeza recomiendo a la abogada Silvia Rodríguez por su seriedad, excelente servicio y su profesionalidad." A client from Cuba/un cliente de Cuba "Contar con los servicios de Silvia ha sido una de las experiencias más agradables que he tenido.Es una persona muy amable preparada demasiado profesional.Estoy verdaderamente complacida con su trabajo y esta recomendada al 💯 " A client from Italy "I was advised by a mutual friend to meet Silvia for my mom's visa application. My meeting with her was amazing!! I had lots of details and she didn't hide any pros or cons of any visa application. Definitely a trustworthy lawyer for me."
- Seasonal Worker visa (Temporary Work)
You can apply for a Seasonal Worker visa to come to the UK and work in: horticulture for up to 6 months - for example, picking fruit and vegetables or flowers poultry from 2 October to 31 December, in the same year You need to apply for poultry Seasonal Worker visas by 15 November each year. You can apply for horticulture Seasonal Worker visas at any time of year. You’ll need to: have a sponsor meet the other eligibility requirements This visa has replaced the Temporary Worker - Seasonal Worker visa (T5). How long it takes You can apply for a visa up to 3 months before the day you are due to start work in the UK. This date is listed on your certificate of sponsorship. As part of your application, you’ll need to prove your identity and provide your documents. You may need to allow extra time if you need an appointment to do this. You’ll find out if you need one when you start your application. If you’re unsure of anything, please contact us at the email address/telephone number below. Eligibility You must be 18 or over when you apply and have both of the following: a certificate of sponsorship reference number from your UK sponsor enough money to support yourself in the UK - you’ll usually need to have at least £1,270 available (unless you’re exempt) Your employer must make sure your job pays at least the minimum wage and follows the UK rules for how many hours a week you work. If your employer does not do this, your application will be refused. Certificate of sponsorship A certificate of sponsorship is a reference number which holds information about the job and your personal details. It’s not an actual certificate or paper document. Your sponsor will give you your certificate of sponsorship reference number. You’ll need to add your certificate of sponsorship reference number to your visa application form - you can only use it once. Your certificate of sponsorship is valid for 3 months from the date it’s assigned to you. Money to support yourself You must have at least £1,270 in your bank account to show you can support yourself in the UK. You will need to have had the money available for at least 28 days in a row. Day 28 must be within 31 days of applying for this visa. You’ll usually need to show proof when you apply, unless your sponsor can cover your costs during your first month in the UK, up to £1,270. If your sponsor can support you instead Your certificate of sponsorship must confirm this. Your sponsor will need to complete the ‘sponsor certifies maintenance’ section on your certificate. This is under ‘Additional data’. We appreciate that many people looking for this type of seasonal work are often unsure of what they need to do to come here. Please call us for advice. Tel: +44 07458 366159 - or email us at: info@rodriguezlaw.co.uk
- Employing someone from outside the UK to work for you? You need a Sponsorship Licence
If you want to employ someone to work for you from outside the UK then you’ll usually need a Sponsorship Licence. This includes unpaid work, such as running a charity. It is important to note that sponsoring someone does not guarantee that they’ll get a visa to work for you in the UK. Who’s included? Citizens of the EU, Iceland, Liechtenstein, Norway and Switzerland who arrived in the UK after 31 December 2020. All those from outside and inside the UK who satisfy the requirements of the UK immigration rules. Who’s not included? You will not need a licence to sponsor certain groups, for example: Irish citizens those with settled or pre-settled status under the EU Settlement Scheme those with indefinite leave to remain in the UK What jobs does this cover? You can sponsor a worker if the job they’re going to do: complies with the UK minimum wage and working time regulations - the worker’s visa may be refused and you may lose your sponsor licence if it does not meets the other criteria needed for their visa What happens if circumstances change? Sponsor licence holders have a duty to play their part in ensuring the immigration system is not abused, and to report to the UK Home Office if there is a change of circumstances regarding their businesses or employees. More specifically, this means that the employer MUST report: any change to the Authorising Officer (AO) or Key Contact (KC) any amendment to the current AO’s or KC’s details any amendment to the details of the sponsor organisation, such as its name or the name of any branches, address, contact details or head office details any changes to the structure of the sponsor organisation, such as more branches or sites, new linked entities in the UK, or overseas, if licensed on a Global Business Mobility route a change in the status of any registration or accreditation the sponsor is legally required to hold to operate or trade in the UK, or which it is required to hold for sponsor licensing purposes, for example, charitable status on the Charity Worker route if the sponsor organisation stops trading or goes into an insolvency procedure if the sponsor organisation is subject to a merger, takeover or similar change if the owner, director, any key personnel, or anyone involved in the day-to-day running of the sponsor organisation, is convicted of a relevant criminal offence any change to the size or charitable status of the organisation as the sponsor of migrant workers on any one of the ‘Worker’ routes any other changes to the sponsor licence, including where the nature of the business substantially changes, adding or removing a representative, or surrendering the licence. What if there is a change in the employee’s circumstances? You must notify the UK Home Office if sponsored employees : Leave their place of work for reasons such as resignation, dismissal, or UK licence registration required for work expires. Are no longer sponsored. This may happen if they have switched to an immigration route that does not require sponsorship. Are absent from work without permission for more than 10 consecutive days. Receive a change of pay, a promotion, or a change in their core duties. Do not show up on their first day of work, including whatever reason they gave for non-attendance. Appear to have breached the conditions of their leave. Are absent from work without pay for 4 weeks for exceptions that are not permitted in the sponsor guidance. How do you report changes in circumstances? Most changes about sponsored workers can be reported via the Sponsorship Management System ( SMS ). In some instances, the employer will instead need to complete a ‘sponsor change of circumstances form.’ If in doubt, please contact us (see foot of article for contact details). The process can be quite complicated. There are several SMS manuals available online (see Manual 1 here and Manual 2 here ). The procedures you have to follow can be complex and confusing, so please contact us for assistance. There are penalties for failing to report a change of circumstances, so it’s better to be safe than sorry! Rodriguez Immigration Services are specialist UK business immigration and sponsorship lawyers and fluent in English, Spanish and Italian. We support sponsor licence holders with all aspects of their immigration compliance duties, including guidance on reporting changes of circumstances, how to prepare for a compliance visit and what you must do if your sponsor licence is downgraded, revoked or suspended, please contact us at: Tel: +44 07458 366159 - or email us at: info@rodriguezlaw.co.uk
- If you have a visa or a biometric residence permit and your circumstances change YOU MUST…
Depending on whether you’re in the UK, and (1) have a BRP or (2) have a visa, or (3) you’re outside the UK, you need to report these changes as follows 1. You're in the UK and have a biometric residence permit (BRP) or have applied for a BRP but not had a decision yet A change in circumstances could be something as simple as a change of address or name or a simple factual error, or something more serious such as if you get a criminal conviction, you separate from your partner or any of your children stop living permanently with you. If you’re not sure, please check with us for advice. Reporting the change depends on whether you have an eVisa or not. If you do, then you can report a change online using your UK Visas and Immigration (UKVI) account . If you do not have an eVisa, how you report a change depends on what change you’re reporting. If you’re reporting a change of address only then you can do so without having to apply for a new BRP. You can either: · report a change of address online · fill in the change of circumstances form and send it to the address on the form If you’re reporting a change to your name or personal details You must apply for a new BRP straight away if any of these things change: · name, for example if you’ve got married · nationality · facial appearance · date of birth, for example if it was wrong · gender Apply for a replacement BRP online . You’ll need to pay a fee. You must apply for a new BRP within 3 months. You can be fined up to £1,000 or have your stay shortened if you do not.Report all other changes You must report any other changes to the details you gave in your BRP application, including if: · you get a criminal conviction · you separate from your partner · any of your children stop living permanently with you Fill in the change of circumstances form and send it to the address on the form. 2. You're in the UK and have a visa or have applied for a visa but haven’t had a decision yet How you report the changes in your circumstances depends on what you’re reporting. If you’re reporting a change to your name or personal details You must transfer your visa to a biometric residence permit (BRP) if your overall stay in the UK is longer than 6 months and any of these details on your visa document in the list immediately below change: · name · nationality · facial appearance · date of birth · gender You’ll need to pay a fee. You do not need to report these changes or transfer your visa if your stay in the UK is less than 6 months . Fill in a change of circumstances form Report all other changes If you’ve applied for a visa but haven’t had a decision then you must fill in the change of circumstances form to report any other changes of circumstances including: · your contact details · your legal representative’s details · dependent family members’ details · if you separate from your partner · if you get a criminal conviction · if any of your children stop living with you If you are reporting a change of address only You can update your address or your legal representative’s address online . 3. You're outside the UK How you report a change of circumstances depends on how you applied and the status of your application. If you have a UK Visas and Immigration account You will have a UK Visas and Immigration account if you used the ‘UK Immigration: ID Check’ smartphone app to scan your identity document on your phone. If you’re still waiting for a decision about your application You can change your email address or phone number by updating your account details . You cannot update your identity document, name or address if you’re still waiting for a decision. You have a decision about your application You can update your account details at this link . If you applied through a visa application centre Contact the visa application centre where you applied if you’re outside the UK and there’s a change to your: · reason for going to the UK · address · personal details, for example your name, because you got married You may need to make another visa application at your local visa application centre . We understand that this can be VERY confusing, especially if your first language is not English. We can help you in English, Spanish or Italian. Please contact us on info@rodriguelaw.co.uk or call us on +44 7458 366 159.
- EU Settled status in the UK ( apply to the EU Settlement Scheme (settled and pre-settled status)
If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein, you and your family might be able to apply to the EU Settlement Scheme to continue living in the UK. You might also be able to apply if you’re the family member of an eligible person of Northern Ireland. The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021. This deadline does not apply if you already have pre-settled status and you’re applying for settled status. If you or your family are from the EU, Switzerland, Norway, Iceland or Liechtenstein, you can still apply if you or a family member were living in the UK by 31 December 2020. You must also either: · meet one of the criteria for a later deadline to apply · have ‘reasonable grounds’ for why you’re applying now, and not by the deadline or in the time since the deadline passed If you already have pre-settled status · You can usually apply for settled status once you’ve lived in the UK for 5 years in a row. It’s free to apply. · You’ll need to make a new application to the scheme to switch from pre-settled status to settled status. If you do not do this, the Home Office will extend your pre-settled status by 2 years just before it’s due to expire. · They may cancel the extension if they think you no longer meet the requirements for it, for example because you’ve been outside the UK for more than 6 months in a 12 month period. There are some exceptions. Check how long you can spend outside the UK without losing your continuos residence. · Settled status gives you proof that you have the right to live in the UK permanently. You can usually apply for British citizenship once you’ve had settled status for 12 months. If you have not yet applied to the EU Settlement Scheme Your rights in the UK are not protected unless you have applied to the EU Settlement Scheme and received a certificate of application. This means you cannot: · access benefits and services (including free NHS healthcare) · work or study in the UK · rent a property in England If you’re a joining family member · If you are a joining family member , your rights will automatically be protected for 90 days from the date of your arrival in the UK. · After 90 days, your automatic temporary protection will end. You’ll need to prove that you’ve submitted an application to continue to access your rights in the UK. · If you arrive in the UK illegally your application will be rejected. If you are an EU citizen or a family member and want to live permanently in the UK please get in touch with us, by email: info@rodriguezlaw.co.uk or by phone: +44 7458 366159.
- If you want to join your family in the UK
If you’re a spouse, partner or family member of someone who has British citizenship or settlement in the UK, you can apply for a family visa to join them, however, they may need to show that they can support you financially. After a set amount of time living in the UK. you may be able to apply for indefinite leave to remain (ILR). If your family member is in the UK on a visa You may be able to apply for a visa to join a family member who’s in the UK on a visa. They must be either: · your spouse or partner · your parent, if you’re 18 or under Other ways to get permission to live in the UK If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein If you started living in the UK by 31 December 2020, you may be able to apply to the free EU Settlement Scheme instead of applying for a visa. The deadline to apply was 30 June 2021, but you can still apply if you can show reasonable grounds for the delay in applying. For your application to succeed, it will depend on your circumstances and the type of visa please contact us on info@rodriguezlaw.co.uk or telephone +44 (0) 7458 366 159. Silvia Molina Rodriguez
- The new UK Student VISA
A new Student Visa has replaced the Tier 4 (General Student) visa under the UK’s new immigration system. As with the previous Tier 4 visa, the new Student Visa route is for international students aged 16 or over who wish to study full-time, or part-time in some limited circumstances, in the UK, and are sponsored by an education provider that holds a valid student sponsor licence. You can apply for a Student visa to study in the UK if you’re 16 or over and you: · have been offered a place on a course by a licenced student sponsor · have enough money to support yourself and pay for the course - the amount will vary depending on your circumstances · can speak, read, write and understand English · have consent from your parents if you’re 16 or 17 - you’ll need evidence of this when you apply If you’re 16 or 17 and you want to study at an independent school in the UK, you may be eligible for a Child Student visa instead. Please contact us for advice on this. When to apply When you can apply depends on whether you’re applying from inside or outside the UK. Applying from outside the UK The earliest you can apply for a visa is 6 months before you start your course. You’ll usually get a decision on your visa within 3 weeks. Applying from inside the UK The earliest you can apply is 3 months before your course starts. You must apply before your current visa expires. Your new course must begin within 28 days of your current visa expiring. You’ll usually get a decision within 8 weeks. How long you can stay How long you can stay depends on the length of your course and what study you’ve already completed in the UK. If you’re 18 or over and your course is at degree level, you can usually stay in the UK for up to 5 years. If it’s below degree level, you can usually stay in the UK for up to 2 years. Staying longer in the UK You may be able to: · extend or switch your visa if you’re eligible, for example to continue your studies in the UK When you can travel to the UK You can arrive before your course starts. This can be either: · up to 1 week before, if your course lasts 6 months or less · up to 1 month before, if your course lasts more than 6 months You must not travel to the UK before the start date given on your visa, no matter when your course starts. Fees It costs: · £490 to apply for a Student visa from outside the UK · £490 to extend or switch to a Student visa from inside the UK You must pay the visa fee for each person that joins you. Healthcare surcharge You’ll also have to pay for your health as part of your application. How much you pay depends on how long your visa lasts Your partner and children You may be able to bring your partner and children. Again, please contact us for advice on this – and any other concerns you have about Student Visas. Silvia Rodriguez Molina
- How to apply for a visa as the parent of a child
There are many parents living outside the UK who have children living in this country. If you are one of these parents and wish to move to the UK, the good news is that there is an immigration route you can take; however, there are a number of stringent requirements you must meet to qualify for this visa, specifically, you must satisfy UK Visas and Immigration that you meet the following requirements: You are at least 18 years old; Your child is under the age of 18; Your child is living in the UK; Your child is either a British or Irish citizen, settled in the UK or in the UK with pre-settled status; Either (i) you have sole parental responsibility for the child; or (ii) the parent or carer with whom the child normally lives is a British or Irish Citizen in the UK, settled in the UK, or in the UK with pre-settled status, they are not your partner, you are not eligible to apply for entry clearance as a partner under Appendix FM of the Immigration Rules and you have direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; You are taking, and intend to continue to take, an active role in the child’s upbringing; You can maintain and accommodate yourself and any dependants in the UK without recourse to public funds; You satisfy an English language requirement. Note 1. You will not be able to get this visa if your child is overseas. To qualify, your child must be physically present in the UK at the date of application and you must intend to make the UK your home with your child. Note 2. For the relationship requirement to be met, you must either have sole responsibility for your child; or have shared parental responsibility and direct in-person access to your child - where this access has been agreed with the parent or carer who normally lives with your child in the UK, or where that access has been ordered by a court in the UK. Legally, the test for sole responsibility “ is, not whether anyone else has day-to-day responsibility, but whether the parent has continuing control and direction of the child’s upbringing including making all the important decisions in the child’s life – if not, responsibility is shared and so not “sole”.” Note 3. Following on from Note 2, the Parent of a Child Visa route is not available to parents who share responsibility for the child, are partners, and therefore are still together as a couple. In these circumstances, you should apply on the applicable partner route rather than as a Parent of a Child. Note 4. You must provide evidence that you are taking an active role in bringing up your child and that you intend to continue to do so. We can advise you on what proof will be accepted – for example, it might include letters from your child’s school, or a healthcare practitioner, which explain how you either live with, or care for, your child. Note 5. Switching Into the Parent of a Child Visa Route from Within the UK · An application for leave to remain as a parent can be made from within the UK, unless you are in the UK as a visitor or, with few exceptions, with valid leave granted for a period of 6 months or less. · Visitors who wish to settle in the UK as a parent of a child in the UK should leave the UK and apply for entry clearance as a parent from overseas. · If you are in the UK with permission granted pending the outcome of family court proceedings then, exceptionally, you can apply for leave to remain as a parent from within the UK. Length of Stay under a Parent Visa If your application for a Parent Visa is approved, you will be allowed to stay in the UK for 2 years and 9 months. After this, you will need to make an application to extend your stay. After spending 5 years (60 months) in the UK on the Parent Visa route, you may be eligible to apply for indefinite leave to remain in the UK. To qualify for indefinite leave to remain as a parent you will need to demonstrate, in addition to the above requirements, that: You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications; You have passed the Life in the UK test (unless exempt). If you make an application for indefinite leave to remain as a parent but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if you meet the requirements for a further extension of stay as a parent. Again, please feel free to ask Rodriguez Immigration Services for advice here as we understand that this is a complex area which can be confusing for applicants. Silvia Rodriguez Molina
- What is a UK Child Visa?
For a child to be eligible for this type of visa he or she needs to have one of their parents already residing in the UK. The requirements for this type of visa depend mostly on whether the child was born inside or outside the UK. The precise requirements your child will need to satisfy may vary depending on your personal circumstances and those of your child. Therefore, it is often a good idea to get expert advice from us as it can help you avoid many of the pitfalls that can prevent your application being successful. Firstly, note that the child may not need a family visa if at least one of their parents has indefinite leave to remain or proof of permanent residence. If the parent cannot include the child in their form and the child is not in the UK, they may be eligible to apply for Private Life in the UK. Please ask us for details of this scheme. If the parent has settled or pre-settled status under the EU Settlement Scheme the child may be able to apply to the Free EU Settlement scheme. Again, please ask us for details of this scheme. For children born in the UK, the Home Office can grant you the same permission to stay as your parent. For applicants from outside the UK the basic requirements are: The child is under the age of 18 at the date of application; The child has not formed an independent family unit (i.e. is married or in a civil partnership); The child is not leading an independent life; Either: In addition, there are financial and accommodation requirements. The financial requirement has to be fulfilled by the parent who is living in the UK. To bring a non-EU citizen in the UK, they have to prove they have the financial funds to sponsor both themselves and their child. More specifically, the parent must prove that he or she has an income of at least £18,600 per year (they might also use their savings to prove they have sufficient funds. A further requirement is English language knowledge, although residents of some countries (mainly the USA and British Commonwealth) are exempt from this. Everyone else has to prove they have sufficient command of the English language, by taking an approved English language test and passing it with at least a CEFR level A1 in speaking and listening. How to Apply for a Child Visa You must apply online if you are applying from outside of the UK. If you are in the UK you can apply online or by post or by using the premium service (please ask us for details of this). If you apply in the UK, you will receive a letter asking for your biometric information (your fingerprints and a photo). If you require help with this, please ask us and we can advise on filling out the necessary forms. We can also advise on the supporting documents (passports, biometric information, etc.) that you will need to include with your application. Visa Fee If you apply from outside the UK to join your parent, the fee is £1,464. If you apply in the UK online or by post the fee is £993, and £1,583 if you apply in the UK in person with the premium service (please ask us for details of the premium service). Even if you are applying as a dependant added to the application of your other parent, you will still have to pay the fee of £1,464 if you apply from outside the UK, or £993 if you apply in the UK online or by post and £1,583 if you apply in the UK in person with the premium service. As specialists in immigration to the UK, we understand that obtaining a visa can be a daunting proposition. Please get in touch and we’ll be delighted to help make it as easy as possible for you. Silvia Rodriguez Molina
- British Citizenship and a British Passport?
In theory, it’s simple. To apply for British passport, you must first hold British nationality. However, it’s not quite that simple, because you don’t automatically get British citizenship if you were born in the UK. In addition, British citizenship does not guarantee you will be issued a British passport. Your eligibility and circumstances will be assessed as part of the application process and you could be rejected if, for example, you are subject to any bail conditions or court orders or have broken any UK immigration laws . It’s a complicated procedure, which is why you need our advice! In addition, you can apply for British citizenship by ‘naturalisation’ if you: · are 18 or over · are married to, or in a civil partnership with, someone who is a British citizen · have lived in the UK for at least three years before the date of your application. You cannot include any time spent in the UK when you’re exempt from immigration control as one of the following: diplomat; member of a diplomat’s staff or household; member of visiting armed forces As soon as you have one of the following you can apply: · indefinite leave to remain (ILR) in the UK · ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’) · indefinite leave to enter the UK (permission to move to the UK permanently from abroad) But, you must also: · prove you were in the UK exactly three years before the day the Home Office receives your application · prove your knowledge of English or Scottish Gaelic · show you’ve passed the life in the UK test · be of good character There are other ways to apply for British citizenship, including through the Windrush scheme. As you can see, there are different ways to apply for British citizenship and then get a UK passport - which is why you need our advice! Time you’ve spent outside the UK To be eligible, you should not have: · spent more than 270 days outside the UK during the three years before your application · spent more than 90 days outside the UK in the last 12 months You may be exempt from the residency requirements if your partner works abroad either for the UK government or an organisation closely linked to government. When to apply You must have been physically present in the UK exactly three years before the Home Office receives your application. Your application may be rejected if you were not in the UK exactly three years before the Home Office received it. This depends on the reason why you were not in the UK. The Home Office will consider if there are special circumstances, for example: · you were not able to live in the UK at the start of the three-year period because of health reasons or travel restrictions · you were told to leave the UK during the three years but this decision was later overturned How much does it cost? It costs £1,580 to apply. How long it takes You’ll usually get a decision within six months - some applications can take longer. Children under 18 Your child is usually automatically a British citizen if they were born in the UK and their other parent was a British citizen. If your partner has died You cannot apply for citizenship as the partner of a British citizen if your partner has died. - for example if you have indefinite leave to remain in the UK. We can help you to apply for · a first adult passport · Get a passport for your child · Change your name or personal details on your passport · Collective group passport. Please contact us for further information to apply for, renew, replace or update your passport on info@rodriguezlaw.co.uk or telephone +44 (0)7458 366 159.
- All the legal help you need to hire foreign workers
If you want to recruit workers from overseas it’s quite confusing just now. In December last year, the UK government announced a huge increase in the threshold salary for anyone recruited from overseas, taking it from £26,200 to £38,700. Although health care workers and professions such as teachers (where there are national pay scales in the UK) were exempt and could still qualify for the visa at the lower salary level, this new measure was brought in to try to reduce the number of immigrants to the UK as it is a hot political topic in the country just now. However, having announced this near 50% rise in the minimum salary threshold which immigrants would need to be paid by their UK employer in order to obtain a visa, the UK government rapidly changed its mind, announcing that the increase would be made in two stages. The first, which will apply from this coming spring, will see the threshold only rise to £29,000. Then, in 2025, the £38,700 threshold will be applied. Of course, by that time, the UK may have a new government, willing to take a different approach to legal immigration, so it could get more confusing in the future! However, for those companies who want to recruit overseas workers (and there are many skills shortages that British firms are seeking to fill by bringing in people from abroad), the need to ensure that every aspect of the legal process is watertight – especially with all the changes in the pipeline - is now more important than ever. That’s where we can help. To get a Sponsor Licence, to allow you to recruit from overseas, you need to be aware of the four key steps you need to take. These are: 1. Check your business is eligible before you apply 2. Then decide what type of licence you want to apply for. Generally, most employers apply for a Tier 2 licence. This licence means their employees can usually work for up to six years in the UK. If you are looking to employ someone for a shorter period, say 12-24 months, you need a Tier 5 licence. 3. You need to appoint a person in your organisation to be the Sponsorship Manager . This person will need to handle all the information that flows between your organisation, the employee and the Home Office. 4. Finally, you have to make an online application for the sponsor licence (ensuring you pay the fee at the same time!). As a sponsor you have certain legal responsibilities as well as a legal duty to maintain certain standards and requirements as set out by the UK Home Office. You need to check that your foreign workers have all the necessary qualifications and/or professional accreditations required to do their jobs. You must keep a record and copies of these documents as evidence and be able to show them to the Home Office on request. It’s imperative that you only assign a Certificate of Sponsorship to migrants for roles that are suitable for sponsorship. You can check the list of suitable roles for Skilled Worker visas here . You must contact UK Visas and Immigration (UKVI) if your sponsored workers are not complying with any of the conditions of their visa. You must also contact UKVI if there are any changes with your business such as address, name or if the business becomes insolvent or ceases trading. We can help keep you on the right side of the law, assisting you to become registered with the Home Office as a Sponsor (at Tier 2 or Tier 5) and, more generally, helping you understand what you have to do, when you have to do it, and also what paperwork requires to be done at each stage of the process. It’s much easier if you get it right first time. I look forward to helping you. You can contact me here. Silvia Rodriguez Molina
- Visa requirements for the recruitment of foreign workers to the UK
If any company in the United Kingdom firm wants to employ a non-UK resident (this includes all EU nationals entering the UK from 1st January 2021), it must first get a valid sponsor licence from the UK Home Office. That said, it’s not necessarily a straightforward process! Let’s look at the basics… There are two types of sponsor licences available. These are called Tier 2 and Tier 5. The Tier 2 sponsor licence is for those UK employers who want to sponsor non-UK nationals to come to take up work in skilled jobs in the UK. The Tier 5 Sponsor licence allows UK businesses to employ non-EEA nationals on a temporary basis in the UK. This covers, amongst others, religious workers, charity workers, workers on a government authorised exchange or creative or sporting individuals (sportsmen and women are often in the media because of football clubs who want to sign an overseas player). Next, how do you get a sponsor licence? The first thing to do is check if your business is eligible. Typically, this involves passing various legal tests in relation to your company’s ability to monitor and manage sponsored workers, as well as not having any criminal convictions in relation to immigration and fraud or money laundering. Next, you have to check if your job is suitable for sponsorship. Only certain jobs, at certain levels of skill/responsibility/pay are open to immigrants. You then have to choose the type of licence (Tier) for which you want to apply. Then, you need to decide who will manage this sponsorship within your business. And finally, you have to apply (and pay the fee involved to the UK government!). However, the good news is that once you become a licensed sponsor in the UK, you can issue a Certificate of Sponsorship to prospective foreign employees, who, in turn can then use this Certificate to apply for their skilled worker visa. As with all UK immigration law around work and visas, this can be time-consuming and complex. A specialist immigration lawyer can be very helpful in sorting out the various issues and making sure that everything runs smoothly. Please don’t hesitate to contact us for a free preliminary chat about what we can do to help. Silvia Rodriguez Molina