Immigration Law FAQs

An immigration solicitor helps people and families understand their options, prepare applications, and respond to Home Office decisions. This includes choosing the right route, checking eligibility, advising on documents, preparing statements and forms, submitting applications, booking biometrics, and monitoring progress. They also handle appeals, Administrative Reviews, and urgent situations such as expired leave, travel needs, or sponsor changes. Good advice early on reduces refusals and saves time and costs.

It is sensible to speak to an immigration solicitor before making any application, when your circumstances change, if your visa is close to expiry, or if you have received a refusal or a complex request for evidence. Early advice is especially helpful for partner and family routes, Skilled Worker sponsorship, settlement, and citizenship.

At Leonard Solicitors LLP, we aim to make your next step clear and achievable. Contact us today and we will outline your options and the documents you will need.

Contributor: Jane Wilson, Immigration Solicitor.

Yes. The team is accredited under the Law Society’s Immigration & Asylum Accreditation Scheme (IAAS), which independently assesses knowledge, casework standards, and supervision for immigration and asylum work.

Our current accreditations and roles include:

• Lee Ann Harvey, Managing Partner & Head of Immigration, IAAS Level 2 Senior Immigration & Asylum Supervisor
• Jane Wilson, Immigration Solicitor, IAAS Level 2 Senior
• Jabulani Ngulube, IAAS Level 2 Caseworker
• Asad Khan, Trainee Solicitor, IAAS Level 2 Supervisor
• Ian Young, Trainee Solicitor

We will always pair you with the right accredited lawyer for your case and explain the process in clear steps. Start your immigration application with our trusted team by contacting us today.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

To choose the right visa for your situation you should start with your goal and timeline. Are you coming to work, join family, study, visit, or settle long term? That choice drives the route and the evidence you need.

Then, you should work through these checks:

1. Eligibility: for work, a sponsored job with the right salary and skill level; for family, a genuine relationship and financial requirement; for study, an unconditional offer and a CAS; for private or human rights routes, specific residence criteria.
2. Apply from where: some routes allow switching inside the UK, others require an application from overseas.
3. Financials and English: maintenance funds, income or savings where relevant, English level, and the Immigration Health Surcharge.
4. Documents: passports, civil status documents, bank statements, payslips or tax returns, sponsor papers, TB test where required.
5. Dependants and work rights: whether your partner or children can join you, and what work or study is permitted.
6. Settlement path and timing: does the route lead to ILR, how absences affect it, and whether Priority or Super Priority is available.

Our immigration lawyers map your goals to the correct route, confirm eligibility and documents, and give a clear plan for timing and costs. If you’re looking for expert guidance to give your application every chance of success, contact our team today.

Contributor: Asad Khan, Immigration Supervisor.

It depends on the route you want and the permission you currently hold. Many applicants can switch inside the UK, for example from Student or Graduate to Skilled Worker, or into a Spouse route after marriage or civil partnership. Some people cannot switch in-country and must leave and apply for entry clearance. Common examples are Visitors, Seasonal Workers, and those with immigration bail. Short-term or concessionary routes often restrict switching. Always check the specific rule for your target visa before you act.

Timing matters. If you apply before your current permission expires, section 3C leave can protect your right to stay and work while the Home Office decides. Leaving the UK while an in-country application is pending usually withdraws it. Switching can also affect dependants, English language and maintenance requirements, and whether you keep a pathway to settlement.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

The Immigration Health Surcharge (IHS) is a fee added to most visa applications so applicants can use the NHS while in the UK. It is paid online during the application and is charged per year of permission. The current rates are £1,035 per adult per year and £776 per year for students, their dependants, Youth Mobility applicants, and children under 18.

You usually must pay if applying from abroad for more than 6 months, or for any in-country application. You do not pay for visitor visas or when applying for indefinite leave to remain. Health and Care Worker visa applicants (and their dependants) are exempt. Paying the IHS gives access to the NHS from the start date of your visa, although some services like prescriptions or dental care may still attract charges.

Refunds are usually issued if an application is refused or withdrawn, or if too much was charged.

At Leonard Solicitors LLP, we will confirm whether you need to pay the IHS, calculate the correct amount, and include it in your application plan.

Contributor: Jane Wilson, Immigration Solicitor.

The exact list of documents required for an immigration application depends on your route, but most leave to remain applications need:

• Identity and status: current passport, previous passports, BRP/eVisa details, digital share code if relevant.
• Civil status: marriage or civil partnership certificate, birth certificates for children, evidence of cohabitation where required.
• Financials: recent bank statements, payslips and employer letter or self-employment evidence (tax returns, accounts, invoices), maintenance funds where applicable.
• Accommodation: tenancy or ownership evidence and, if needed, permission from the landlord.
• Sponsor documents: Certificate of Sponsorship for Skilled Worker, CAS for Student, or relationship evidence for family routes (photos, travel history, joint bills, messages in curated form).
• English language and tests: approved English test or degree taught in English, Life in the UK where relevant.
• Health and character: TB test certificate (country-specific), police certificates if requested, absence schedule for ILR/citizenship.
• Explanations: covering letter, chronology, and any supporting statements that address eligibility or exceptional circumstances.
• Translations: any non-English/Welsh documents must have certified translations meeting Home Office requirements.

We ask that you provide clear scans or PDFs. Keep dates current and details consistent across all documents.

Contributor: Asad Khan, Immigration Supervisor.

Permission to travel outside of the UK depends on where you applied and what you applied for.

• In-country applications (extensions, switches, ILR): do not leave the Common Travel Area (UK, Ireland, Channel Islands, Isle of Man) until a decision is made. If you travel outside the Common Travel Area, the Home Office will treat your application as withdrawn, and any Section 3C leave protecting your status will end. You may need to re-apply from overseas.
• Applications made from outside the UK (entry clearance): you can usually travel while you wait, provided you still have your passport and can attend biometrics/collect your visa when asked. Be aware that trying to enter the UK before a decision can cause difficulties at the border.
• British citizenship applications: these are not applications for leave, so travel is generally permitted while you wait, and most applicants retain their documents. You must still be available for biometrics and, later, your ceremony.

If you must travel during an in-country application, you’d need to withdraw it first and re-apply later or use Priority/Super Priority to get a decision before travelling.

Our immigration lawyers will confirm the safest approach for your route and timings and help you avoid an accidental withdrawal. Contact us today to start your application.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

“3C leave” is an automatic extension of your existing permission when you make a valid, in-time application to extend or vary your visa from inside the UK. If your current visa expires before a decision is made, section 3C of the Immigration Act 1971 keeps your leave going on the same conditions (for example, your right to work) until the Home Office decides your case. It can also continue while an in-time Administrative Review or appeal is pending.

3C leave does not start if you apply after your visa has expired, and it will usually end if your application is withdrawn, treated as invalid, refused without an in-time challenge, or if you leave the UK while an in-country application is pending. In those situations, you may become an overstayer and could need to apply from abroad.

Employers and landlords can check your status, and the Home Office guidance confirms the legal effect of 3C leave. Recent litigation also requires the Home Office to provide digital proof of 3C status where needed. If you face problems proving your rights while waiting for a decision, get advice promptly.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Act quickly. Overstaying is serious and can affect work rights, renting, future visas and settlement plans. In some situations, a late application can still be made within 14 days if there is a good reason beyond your control, explained with evidence. This is the Immigration Rules paragraph 39E “disregard” and it is applied strictly. It can also cover certain cases after a refusal or an invalid application, again within 14 days and with proof.

While overstaying, you normally lose the right to work, and employers must not employ you without valid permission. That can put jobs at risk, so take advice promptly.

Next steps depend on your route and dates. Options may include making a properly evidenced application that qualifies under 39E, leaving the UK and applying for entry clearance, or considering human rights or family routes where available. Be careful about other risk factors, for example NHS debt of £500 or more, which can lead to refusal unless resolved.

If you applied in time before your visa expired, you may be protected by section 3C leave while a decision or in-time appeal is pending; different rules apply in that case.

At Leonard Solicitors LLP, we will review your dates and documents the same day, explain if a 39E application is possible, and set out the safest route to put your status back on track.

Contributor: Jane Wilson, Immigration Solicitor.

Biometrics are your fingerprints and a digital photograph used to confirm identity and run background checks for UK immigration applications. For in-country applications you are usually directed to UKVCAS to provide biometrics and upload documents after you submit and pay. Some applicants are invited to reuse biometrics and verify identity through an app instead of attending an appointment. You will be told if this applies.

If you’re applying from outside the UK, you can book a slot at a visa application centre run by TLScontact or VFS Global to give fingerprints and a photo. Children under 5 attends for a photo only; under-18s need a consenting adult present.

You cannot receive a decision until biometrics are enrolled, so book promptly. Priority or Super Priority services depend on appointment availability at your chosen centre.

Contributor: Asad Khan, Immigration Supervisor.

An eVisa is a digital record of your identity, immigration status and the conditions attached to it. It is replacing physical documents such as BRPs. You access it by creating a UKVI account, then you can view your status online. Keep your passport details up to date in your account so your eVisa matches the document you travel with.

To prove your status, use the Home Office’s View and Prove service to generate a share code and give it, with your date of birth, to an employer, landlord or other organisation. They check your rights online; you do not need to show a card or screenshot. Share codes normally last 90 days, and you can create a new one at any time.

Our immigration lawyers help clients set up their UKVI account, update documents and share their status confidently for work, renting or travel. Contact us today to get started.

Contributor: Jane Wilson, Immigration Solicitor.

Many UK visas are issued with a ‘no recourse to public funds’ (NRPF) condition. This restricts access to certain welfare benefits and local authority housing assistance listed in the Immigration Rules. Examples include Universal Credit, Child Benefit, Housing Benefit, Council Tax Benefit/Reduction and social housing or homelessness assistance. Contribution-based benefits such as New Style JSA/ESA are not classed as public funds for immigration purposes.

People on some routes can ask the Home Office to lift NRPF if they are destitute, at imminent risk of destitution, there are compelling reasons relating to a child’s welfare, or there are exceptional financial circumstances. This is called a change of conditions request. It is commonly available to those on family and private life routes and Hong Kong BN(O); caseworkers also have discretion for other routes under current guidance. If granted, your permission is varied to allow access to public funds.

Whether NRPF applies, and whether it can be lifted, depends on the visa type and your evidence. Leaving the UK welfare position unchanged may also affect future applications, so strategy matters.

For immigration advice you can trust, choose Leonard Solicitors LLP. We assess eligibility for a change of conditions, prepare the required evidence and submit requests urgently where needed. Contact us today to get started.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Whether you need an English language and Life in the UK test depends on the visa route and stage.

• English language: many routes require a minimum level on the CEFR scale. Examples: Skilled Worker needs B1 in reading, writing, speaking and listening. Partner/family visas start at A1 for the first grant, usually A2 at extension, and B1 at settlement. You can meet the English requirement with an approved test, a qualifying degree taught in English, or nationality from a majority English-speaking country.
• Life in the UK Test: normally required for Indefinite Leave to Remain (ILR) and British citizenship. It is booked online and currently costs £50. If you passed it for ILR, you do not take it again for citizenship.
• Exemptions: some applicants are exempt due to age (under 18 or 65+) or long-term physical or mental condition. Check the route-specific guidance.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Fees depend on the type and complexity of the case. Many standard applications, such as partner visas, Skilled Worker, extensions, settlement (ILR) and citizenship, are offered on a fixed-fee basis so you know the price before work starts. More complex matters, including appeals and Judicial Review, are usually costed in stages or at an hourly rate with a clear estimate and agreed scope.

Home Office charges are separate from legal fees. These can include the application fee, the Immigration Health Surcharge, biometric fees, and any interpreters or certified translations. In eligible matters, for example many asylum and some human rights cases, legal aid may be available subject to scope and merits.

You can view our immigration fees here.

At Leonard Solicitors LLP, we always provide a written, itemised quote at the outset and keep costs transparent throughout. Start your immigration application by contacting us today.

Contributor: Jane Wilson, Immigration Solicitor.

Under Appendix FM, there are three main partner options if your partner is a British citizen, settled (ILR or EU settled status), or has refugee/humanitarian protection:

• Spouse or Civil Partner visa – for couples who are legally married or in a civil partnership.
• Unmarried Partner visa – for couples in a genuine, durable relationship of at least 2 years. Living together helps but is not strictly required if you can evidence a relationship akin to marriage (for example where careers or study kept you apart).
• Fiancé(e)/Proposed Civil Partner visa – a 6-month route to come to the UK to marry or form a civil partnership, then switch into the partner route after. Work is not permitted during this 6-month period.

Most partner applications must meet the financial requirement. As of now, new applications generally need a minimum income of £29,000 (different rules can apply if you started on the route before 11 April 2024). This policy is under review, so thresholds may change.

Other common requirements include English language, adequate accommodation, relationship evidence, biometrics and the Immigration Health Surcharge.

Our immigration lawyers are on hand to assess which partner option fits best, confirm the current financial threshold, and map your documents and timing so you can apply with confidence. Contact us today to get started.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Most first-time partner applications made on or after 11 April 2024 must show a minimum income of £29,000 a year (combined, before tax). This is the Minimum Income Requirement (MIR).

If you first applied as a partner before 11 April 2024 and you are extending with the same partner, the older threshold applies: £18,600 a year, with additional amounts for dependent children.

For new applications under the current rules, there is no extra amount for children. The single £29,000 threshold applies.

You can usually meet the MIR with:

• Employment income or self-employment income (route-specific rules and timeframes apply)
• Non-employment income or pension
• Cash savings held for at least 6 months
• In some cases, a combination of income and savings (subject to the detailed rules)

If relying on cash savings alone, the Home Office formula is used. For a partner-only case at today’s MIR, that means £88,500 in savings (calculated as £16,000 plus 2.5 × the income shortfall).

Rules and thresholds can change, and there are limited exceptional circumstances routes if the MIR is not met.

At Leonard Solicitors LLP, we will confirm which threshold applies to you, calculate any savings requirement, and set out the exact evidence you need.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

You must show that your marriage is genuine and continuing, and that it is legally valid. Typical evidence includes:

• Core documents: marriage or civil partnership certificate, passports, any divorce decree or death certificate from previous relationships.
• Proof the relationship is “subsisting”: joint tenancy or mortgage, council tax bills, joint bank statements, utility bills, shared insurance, child birth certificates if applicable. Spread items across the last 12–24 months.
• If you have lived apart: travel stamps or tickets showing visits, photos with dates and captions, money transfer or remittance records, call or chat logs in a short schedule, delivery receipts, letters or parcels to the same address.
• Social and family evidence: wedding or family event photos, invitations, screenshots of messages curated into a brief timeline.
• Practical ties: evidence you share finances or responsibilities, for example a joint account or named bills.
• Presentation and translations: clear PDFs, consistent addresses and dates, certified translations for any non-English or non-Welsh documents.

Quality matters more than volume. Aim for regular evidence over time rather than many items from the same month.

Our expert spouse visa solicitors assist applicants with exactly what to include and organise a compliant bundle and identify any gaps before you apply. Getting the application right first time saves money and time. Contact us today to begin your spouse visa application.

Contributor: Asad Khan, Immigration Supervisor.

Children can be included as dependants on a partner (spouse or civil partner) application under Appendix FM. They may apply with you or join later. A child is normally eligible if they are under 18 on the date of application, not married, and dependent. Those already on the route can continue after 18 if still dependent.

Key points the Home Office checks:

• Parental position: usually both parents are in the UK or applying, or one parent has sole responsibility or there are serious and compelling reasons if the other parent is not joining.
• Financial requirement: most new partner applications must meet the Minimum Income Requirement. For applications started under today’s rules there is one threshold for the family unit; older cases may follow the earlier structure.
• Accommodation: adequate and not overcrowded.
• Health and admin: IHS is payable for each child. TB tests may be needed depending on the country. Biometrics are enrolled for each child (under-5s photo only).
• Documents: full birth certificate naming both parents, evidence of parental responsibility and consent where needed, proof of address and dependency, any court orders.

Children can apply from overseas or in the UK if switching is permitted for their route. English language is not required for children.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Not meeting the Minimum Income Requirement (MIR) does not always mean it’s the end the road. There are several lawful routes to proceed, depending on your circumstances.

1) Meet the MIR in a different way
You can combine eligible income sources or use cash savings. Savings only count above £16,000 and are converted using the Home Office formula: savings above £16,000 must cover 2.5 × any income shortfall. Evidence rules in Appendix FM-SE are strict, so documents and timeframes must match the category you rely on.

2) Adequate maintenance (if on qualifying benefits)
If the sponsor receives certain specified benefits, the MIR does not apply. Instead, you must show adequate maintenance and accommodation. The Home Office guidance explains the calculation and evidence.

3) Exceptional circumstances
Where refusal would result in unjustifiably harsh consequences for you or your family under Article 8 ECHR, caseworkers can grant leave on the 10-year family route and may consider credible alternative funding (including third-party support). This is set out in the Family Policy guidance under Appendix FM (GEN.3.1/EX provisions).

4) Transitional position
If you first applied before 11 April 2024 and are extending with the same partner, the earlier £18,600 threshold still applies, with additional amounts for dependent children. New applicants generally face the £29,000 MIR.

5) Watch for policy changes
The MIR has been under review in 2025, with the Migration Advisory Committee advising on future thresholds. Check the current rules before you apply.

If you suspect that you do not meet the MIR requirements, speak to our experts for advice. We will assess whether you can meet the MIR through income or savings, whether adequate maintenance or exceptional circumstances apply, and which route protects your family and timeline.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Last updated: 23.09.2025

The UK spouse visa has two main pathways to settlement: the 5-year and the 10-year routes. Both lead to Indefinite Leave to Remain (ILR), but the conditions and timelines differ.

The 5-year route is for couples who meet all the standard requirements at each stage, including the financial threshold, English language ability, and adequate accommodation. Applicants are usually granted an initial 2.5-year visa, followed by an extension for another 2.5 years. After 5 continuous years, they can apply for ILR.

The 10-year route is for those who cannot meet certain requirements, often the financial or English language rules, but who have a genuine and ongoing family life in the UK. Leave is granted in 2.5-year periods and must be renewed four times before settlement is possible. This route can also apply in cases relying on human rights arguments under Article 8 (right to family life.

Which route you qualify for depends on your evidence and circumstances. Being placed on the 10-year route can delay settlement significantly, so it is important to plan carefully.

At Leonard Solicitors LLP, we will assess your eligibility, explain the implications of each route, and help you apply for the pathway that best protects your family life.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

A spouse visa is normally granted for 2.5 years. To extend it, you must apply before it expires using the online FLR(M) form. The extension is usually for another 2.5 years, keeping you on the 5-year route to Indefinite Leave to Remain (ILR).

To qualify, you must still be in a genuine and subsisting relationship with your partner, who must be a British citizen, settled, or have refugee/humanitarian protection. You will also need to show that you meet the current financial requirement, provide suitable accommodation, and satisfy the English language requirement for the extension stage. Evidence such as joint bills, tenancy agreements, payslips, bank statements, and updated marriage or civil partnership documents is needed.

It is important to apply in time, as overstaying can affect future applications. If you apply before expiry, section 3C leave will extend your right to stay and work while the Home Office makes its decision.

Our immigration lawyers are on hand to support applying for your spouse visa extension. Contact us today to get started.

Contributor: Asad Khan, Immigration Supervisor.

The Private Life route allows people to remain in the UK where their length of residence or personal circumstances create strong ties here, even if they do not qualify under other visa categories. It is based on Article 8 of the European Convention on Human Rights, which protects private and family life.

You may qualify if:

• You are under 18 and have lived in the UK for at least 7 continuous years, and it would not be reasonable to expect you to leave.
• You are aged 18–24 and have spent at least half your life in the UK.
• You are over 18 and have lived in the UK continuously for at least 20 years.
• You are over 18, have been in the UK less than 20 years, but face very significant obstacles to integration in your country of origin.

Applicants usually receive 2.5 years’ leave at a time, normally on the 10-year route to settlement. Strong evidence of residence and circumstances is required.

Private life applications often succeed or fail on the strength of evidence and how human rights grounds are argued. Our immigration specialists have the experience to prepare a persuasive case and protect your future in the UK. Contact us today for expert advice.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

The rules are different depending on your current visa. If you are in the UK as a visitor, you cannot usually switch into the partner route. Applications from visitors must normally be made from overseas, unless there are exceptional circumstances where refusal would breach your human rights.

If you are in the UK on a student visa, you can usually switch into the partner route, provided you meet the relationship, financial, English language, and accommodation requirements. You must apply before your current visa expires.

Switching visas is not always straightforward, as it can affect your future pathway to settlement. Getting expert immigration advice can help give your application every chance of success, first time.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

The Skilled Worker visa allows overseas nationals to live and work in the UK in eligible roles with a licensed sponsor employer. It replaced the Tier 2 (General) route and is now the main pathway for long-term employment-based migration.

To qualify, you must have:

• A confirmed job offer from a UK employer with a valid Sponsor Licence.
• A Certificate of Sponsorship (CoS) assigned to you for that role.
• A job that meets the required skill level and is on the list of eligible occupations.
• A salary that meets the minimum threshold (standard, shortage occupation, or other permitted reductions).
• Proof of English language ability and, where required, maintenance funds.

The visa can last up to 5 years and is extendable. It can also lead to settlement if you complete 5 years in qualifying employment.

Our immigration solicitors confirm eligibility, check sponsor compliance, and guide applicants through each step of the Skilled Worker process. Contact us today to assess your case.

Contributor: Asad Khan, Immigration Supervisor.

To qualify for a Skilled Worker visa, your job must be at the required skill level and meet the minimum salary thresholds set by the Home Office.

Skill level: the role must be on the list of eligible occupations. These include many roles in health, social care, IT, engineering, and teaching, among others. Your employer must hold a valid Sponsor Licence and assign you a Certificate of Sponsorship for the specific job.

Salary level: the general salary threshold is £38,700 per year, or £23,040 if the role is on the shortage occupation list or you are under 26, a new entrant, or in a relevant health or education role. The exact rate also depends on the occupation code and going rate for that profession.

Meeting both the skill and salary requirements is essential for approval. Exceptions and reduced thresholds apply in limited cases, so it is important to confirm which rules apply to your role.

Contributor: Asad Khan, Immigration Supervisor.

Yes, but you may need to make a new application.

If you want to change employer, you must apply for a new Skilled Worker visa with a fresh Certificate of Sponsorship from your new sponsor. The new employer must hold a valid Sponsor Licence. You cannot start work until your new visa has been approved, unless you are continuing with your current sponsor.

If you are changing job within the same organisation, you only need a new visa if the new role falls under a different occupation code. If it is the same occupation code and skill level, you usually do not need to reapply, but your sponsor must update your Certificate of Sponsorship.

Any change that affects your conditions of stay, such as switching employers or moving to a role with a different code, should be carefully checked. Failing to update your visa can put your immigration status at risk.

Our immigration lawyers can confirm when a new application is required and manage the process so you can transition smoothly. Contact us today for advice on your Skilled Worker visa.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Yes, Skilled Worker visa holders can usually bring their immediate family to the UK as dependants. Eligible family members include your husband, wife, civil partner, or unmarried partner, and children under 18. Children over 18 who are already in the UK as your dependants may also extend their stay.

Each dependant must apply for a visa and pay the application fee and Immigration Health Surcharge. They will also need to provide biometrics. As part of the application, you must show that you have enough funds to support them unless your sponsor certifies maintenance. This is separate from the main Skilled Worker salary requirement.

Dependants are granted leave in line with the main applicant. Partners can usually work (with some limited exceptions), and children can study in the UK.

Family applications are assessed carefully, so it is important to provide the correct documents to prove the relationship and financial support.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

A Sponsor Licence is permission from the Home Office that allows UK employers to hire overseas workers under the Skilled Worker and other sponsored routes. Without a licence, a business cannot issue Certificates of Sponsorship, which are essential for Skilled Worker visa applications.

To obtain a licence, an employer must apply online and provide supporting documents to prove that the business is genuine, trading, and capable of meeting its sponsorship duties. This includes showing proper HR systems to track employees, report absences, and keep records. The Home Office may visit the business to check compliance before approving the application.

There are two main types of licence: for workers (longer-term employment such as Skilled Worker) and for temporary workers. The licence usually lasts four years and must be renewed.

Employers who fail to meet their duties can face penalties, suspension, or revocation of the licence, which directly affects sponsored employees.

At Leonard Solicitors LLP, we support businesses in preparing Sponsor Licence applications, setting up compliant HR systems, and training staff to manage sponsor duties effectively. Contact us today to get started.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Employers with a Sponsor Licence must meet strict duties to keep their licence and continue sponsoring workers. These duties fall into three main areas: record-keeping, reporting, and compliance.

• Record-keeping: Employers must keep copies of workers’ passports, visas or eVisas, contact details, and evidence of their right to work.
• Reporting: Sponsors must update the Home Office through the Sponsor Management System (SMS) about key changes, such as if a worker does not start, misses 10 consecutive days of work, changes job role, or leaves employment.
• Compliance: Businesses must only sponsor genuine vacancies, pay the correct salary, and ensure roles match the permitted occupation codes. HR systems must track absences and monitor visa expiry dates.

The Home Office can conduct audits at any time. Failures may result in licence downgrading, suspension, or revocation, and in serious cases, civil penalties or criminal liability. This can also put sponsored workers’ visas at risk.

Our immigration team helps employers stay compliant by reviewing systems, training HR staff, and advising on reports to the Home Office. Contact us today to protect your Sponsor Licence.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

A Certificate of Sponsorship (CoS) is an electronic record issued by a licensed sponsor employer to confirm a job offer for a Skilled Worker or other sponsored visa. It is not a paper certificate, but a unique reference number that the worker uses when applying for their visa.

There are two main types:

• Defined CoS: used for Skilled Worker applications made from outside the UK. Employers must request these from the Home Office for each vacancy.
• Undefined CoS: used for Skilled Worker extensions and changes from inside the UK, and for other sponsored routes. Employers receive an annual allocation of undefined CoS to assign as needed.

The CoS contains details such as job title, occupation code, salary, and start date. The information must be accurate and meet immigration rules, as errors or non-compliance can cause visa refusals or affect the sponsor’s licence.

Our specialist sponsor licence solicitors support businesses through the CoS process and ensure each certificate is issued correctly, reducing risks of refusal or compliance issues. For advice and guidance you can trust, contact us today.

Contributor: Asad Khan, Immigration Supervisor.

Most Skilled Worker visa holders no longer receive a physical Biometric Residence Permit (BRP). Instead, their immigration status is held digitally in an online UKVI account. Employers must use this system when carrying out right to work checks.

To prove their status, the employee generates a share code via the Home Office “View and Prove” service and provides it with their date of birth. The employer then uses the Home Office online checker to confirm the individual’s right to work and any conditions, such as permitted hours.

A compliant check must be done before employment starts and retained as evidence. Employers cannot rely on screenshots or copies of documents if the worker has only a digital record. Using the official online system is essential to establish a statutory excuse against illegal working penalties.

Right to work checks are central to a sponsor’s compliance duties. Mistakes can lead to fines, licence action, or even criminal liability in serious cases.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

A Skilled Worker can usually apply for Indefinite Leave to Remain (ILR) after 5 continuous years in the UK on this visa. Time spent on other visas may count in limited cases, but the standard route is 5 years under Skilled Worker.

To qualify, you must show:

• Continuous residence: no absences over 180 days in any 12-month period during the 5 years.
• Ongoing sponsorship: you must still be employed by a licensed sponsor and in a role that meets the Skilled Worker requirements.
• Salary threshold: your job must pay at least £29,000 a year (or the relevant reduced threshold if exceptions apply at the time you apply).
• Knowledge of language and life in the UK: you must meet the English language requirement and pass the Life in the UK Test.

Applications are made online, with supporting documents and employer confirmation of your continued employment. ILR gives permanent residence and removes visa restrictions.

We often support skilled workers with their ILR applications. We check residence records, salary levels, and documents to make sure your ILR application is strong and compliant. Contact us today to start planning your settlement.

Contributor: Asad Khan, Immigration Supervisor.

To qualify for a UK Student visa, you must show that you have a confirmed place on an eligible course and that you meet the financial and English language requirements.

Key requirements include:

• Confirmation of Acceptance for Studies (CAS): an electronic reference number issued by your sponsoring university, college, or school.
• Financial requirement: proof you can pay tuition fees and support yourself. The amount depends on your course, location, and whether you have already been in the UK. Funds must usually be held for 28 consecutive days.
• English language ability: proof through a Secure English Language Test (SELT), a qualification, or nationality from a majority English-speaking country.
• Immigration Health Surcharge (IHS): payment to access the NHS during your stay.
• Biometrics and documents: valid passport, CAS, financial evidence, and any additional documents required for your circumstances.

Student visas allow limited work alongside study, and dependants are only permitted in certain cases.

At Leonard Solicitors LLP, we review your CAS, financial evidence, and documents to ensure your student visa application meets all requirements. Contact us today for clear, step-by-step guidance.

Contributor: Asad Khan, Immigration Supervisor.

Dependants can only accompany Student visa holders in limited circumstances. Your partner and children may apply to join you if:

• You are studying a postgraduate course lasting 9 months or more.
• You are a government-sponsored student on a course lasting more than 6 months.

Undergraduate students cannot usually bring dependants unless they fall into one of the exceptions above.

Each dependant must make their own visa application, pay the relevant fees and Immigration Health Surcharge, and provide biometrics. You must also show you have sufficient funds to support them, in addition to your own maintenance requirement. The exact amount depends on where you study and how long the course lasts.

Dependants granted a visa will normally be allowed to live in the UK for the same period as the main applicant. Partners can often work, and children can attend school.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Yes, but the type and amount of work you can do depends on your course and sponsor.

If you are studying at degree level or above with a licensed higher education provider, you can usually work up to 20 hours per week during term time and full-time during official vacations. If your course includes a work placement, it must be an approved part of your studies and cannot normally exceed 50% of the course length (unless the role is integral, such as in medicine or teaching).

Students on courses below degree level are limited to 10 hours per week during term time. Those studying at independent schools may have different conditions. Importantly, Student visa holders cannot be self-employed, work as professional sportspersons, or take permanent full-time jobs outside the permitted hours.

Your biometric residence permit (BRP) or digital status record will confirm your exact work conditions. Breaching these rules can affect your visa and future applications.

For expert guidance on UK Student Visa applications, contact our trusted immigration lawyers today. We regularly advise students on what work is permitted and help avoid breaches that could put your studies and immigration status at risk.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

The UK Graduate visa allows international students to remain in the UK after completing an eligible course of study. It gives you the freedom to work, look for work, or be self-employed without needing sponsorship. The visa lasts 2 years for most graduates, or 3 years if you completed a PhD or other doctoral qualification.

You must apply before your student visa expires and after your education provider has confirmed that you successfully completed your course. Applications are made online, and you will need to prove your identity, pay the application fee and Immigration Health Surcharge, and provide biometrics if required.

The Graduate visa cannot be extended, but it does allow you to switch into longer-term routes such as the Skilled Worker visa once you have a qualifying job offer from a licensed sponsor.

If you’re considering staying in the UK post-studies, talk to our expert immigration lawyers for advice you can trust. We regularly help graduates prepare their applications on time and explore the best pathways for their career and future in the UK.

Contributor: Asad Khan, Immigration Supervisor.

Yes, you can switch from a UK Graduate visa to a UK Skilled Worker visa from inside the UK, provided you meet the Skilled Worker requirements. This includes having a confirmed job offer from a licensed sponsor, a Certificate of Sponsorship, and a role that meets the skill and salary thresholds.

The application must be submitted before your graduate visa expires. Once a valid application is made, section 3C leave will protect your right to stay and work while the Home Office makes its decision. If approved, you move onto the Skilled Worker route, which can be extended and leads to settlement after 5 years.

Switching is often the best next step for graduates who want a long-term future in the UK, but timing and evidence are important. You cannot switch into routes that are excluded, such as visitor or short-term study visas, so make sure your application is compliant.

To understand the best route for your own personal circumstances, we recommend talking to a qualified immigration lawyer. Contact our accredited team for advice you can trust.

Contributor: Asad Khan, Immigration Supervisor.

Yes, settled status under the EU Settlement Scheme can be lost if you spend too much time outside the UK. If you have settled status (indefinite leave to remain), you can usually spend up to 5 continuous years abroad without losing it. For Swiss citizens and their family members, the limit is 4 years.

If you have pre-settled status (limited leave to remain), the rules are stricter. You normally lose it after 2 continuous years abroad, and long absences can also break the continuity needed to later qualify for settled status. For example, to move from pre-settled to settled status, you must usually have lived in the UK for at least 5 continuous years, with no single absence longer than 6 months (except for specific reasons such as serious illness, study, or military service).

If you risk losing your status, it may be possible to return and reapply, but rights are not guaranteed. Planning absences carefully is essential.

If you’re struggling to deal with complex travel histories, our experts can help. We advise on maintaining residence and protecting your path to settlement. Contact us today to get started.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Yes, but only in limited circumstances. The EU Settlement Scheme closed to most new applicants on 30 June 2021. However, some family members of EU, EEA, and Swiss citizens can still apply if they qualify under the rules.

You may still be eligible if:

• You are a joining family member of someone who already holds pre-settled or settled status (for example, a spouse, civil partner, durable partner, or dependent child).
• You are a family member of a frontier worker or a person with retained rights of residence.
• You are a child born in the UK to a parent with pre-settled or settled status.
• You are a family member with a valid reason for a late application, supported by evidence.

The rules differ depending on when your relationship began and whether it existed before the end of the Brexit transition period (31 December 2020). Evidence of the relationship is always required.

Applications under these categories can be complex, especially where deadlines have passed or family ties are disputed. We recommend seeking expert immigration advice to understand your family members eligibility, evidence required, and any late applications under the EU Settlement Scheme.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Pre-settled status is normally granted for 5 years. To secure long-term rights, you must apply for settled status (indefinite leave to remain) once you have completed 5 continuous years of residence in the UK.

If your pre-settled status is close to expiry and you have not yet built up 5 years, the Home Office now has since announced it will automatically extend pre-settled status by 2 years, provided you still meet the conditions. This safeguard was introduced following a 2023 High Court ruling. However, it is strongly advised not to rely on automatic extensions alone, as errors or delays can occur.

To move from pre-settled to settled status, you must show evidence of continuous residence. This usually means no single absence of more than 6 months in any 12-month period, apart from limited exceptions (serious illness, study, or military service).

If pre-settled status expires without renewal or upgrade, you may lose your lawful status and associated rights.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

You claim asylum by having a screening interview with an immigration officer. If you arrive at the border, tell Border Force that you want to claim asylum and they will arrange screening there. If you are already in the UK, contact the Asylum Intake Unit to book a screening appointment. Bring any dependants who are claiming with you and any identity documents you have.

Before you speak to the Home Office, we can assess your risks on return, identify any safeguarding or medical issues, and plan the safest way to register your claim. We help you gather early evidence, request interpreters and reasonable adjustments, and ask for emergency support and accommodation where needed. We also prepare you for screening, so your account is clear and consistent.

After screening, the Home Office usually issues an Application Registration Card (ARC) and later invites you to a detailed asylum interview. This interview is central to the decision. We help you build a structured evidence bundle, prepare a chronology, and get ready for questions. If your case is delayed for a long time, we can advise on support and, in limited situations, permission to work.

Leonard Solicitors LLP has been supporting asylum seekers with their immigration status for over 30 years. We’re also contracted with the Legal Aid Agency, which means we can provide advice and assistance under legal aid should you meet the criteria. To start your asylum application to the Home Office, contact us today.

Contributor: Jane Wilson, Immigration Solicitor.

People seeking asylum who cannot support themselves can apply to the Home Office for asylum support. This can include dispersal accommodation and a weekly cash allowance loaded to an ASPEN card. Emergency, short-term accommodation may be provided while a full support decision is made. Extra help is available for pregnancy and young children, and for special needs or safety concerns.

Asylum seekers can register with a GP and access NHS healthcare. Help with prescription, dental and optical costs may be available through the NHS Low Income Scheme (HC2/HC3). Children must be offered a school place, and vulnerable applicants can be referred to local safeguarding or community services.

Work is generally not permitted while a claim is pending, but permission may be requested in limited circumstances after a long delay, usually for roles on a restricted list. Legal aid is often available for asylum advice and representation, subject to scope and merits.

Contributor: Jane Wilson, Immigration Solicitor.

Refugee status is granted where a person has a well-founded fear of persecution for a Convention reason (race, religion, nationality, political opinion, or membership of a particular social group).

Humanitarian protection is granted where return would expose a person to a real risk of serious harm. For example, the death penalty, unlawful killing, torture or inhuman/degrading treatment, or serious threat from indiscriminate violence in an armed conflict – without meeting the Refugee Convention test.

Both grants usually come with permission to stay (typically up to 5 years), access to work and study, and a path to settlement (ILR). Refugees can generally apply for a Refugee Convention Travel Document; people with humanitarian protection may be able to apply for a Certificate of Travel if they cannot obtain a passport from their country.

Your protection claim deserves careful, precise handling. As a specialist Immigration & Human Rights Solicitor, I can explain your options, build your evidence, and guide you through process. Contact us today for confidential advice.

Contributor: Jane Wilson, Immigration Solicitor.

Yes. In England and Wales, asylum cases are usually covered by legal aid. This includes advice on claiming asylum, preparing for the substantive interview, and most asylum appeals. Applicants must pass a means test and a basic merits test.

For human rights immigration outside asylum, such as family or private life applications, legal aid is normally out of scope. Funding may still be possible through Exceptional Case Funding (ECF) if, without representation, there would be a real risk of a rights breach, or the case could not be presented effectively. Legal aid commonly covers immigration detention matters, bail, certain domestic abuse routes, and trafficking claims. Urgent funding can be arranged where deadlines are close.

Our immigration team will check eligibility, prepare an ECF request where needed, and act quickly in urgent cases. Leonard Solicitors LLP is one of the few on the South Coast contracted with the Legal Aid Agency, so clients can access legally aided support where available.

Contributor: Jane Wilson, Immigration Solicitor.

Family Reunion lets a person with refugee status or humanitarian protection bring close family members to the UK to re-establish family life. It mainly covers a husband, wife, civil partner or long-term partner, and children under 18, if the family relationship existed before the sponsor fled (“pre-flight”). Applications are usually made from outside the UK, have no application fee, and are exempt from the Immigration Health Surcharge. There is no English or financial requirement.

Evidence must prove the relationship and that the child was part of the household. If documents are missing, alternative evidence can be used, and DNA testing may be appropriate. Relationships formed after the sponsor left their country usually do not qualify under Family Reunion rules and may need to use the general family immigration routes instead. In compelling cases, other dependent relatives may be considered outside the rules.

If you need help preparing a strong, well-evidenced Family Reunion application, Asylum & Humanitarian Protection Solicitors can guide you step by step and act quickly where there is urgency or risk. Contact us today to get started.

Contributor: Jane Wilson, Immigration Solicitor.

Most applicants qualify for ILR after 5 continuous years on a route that leads to settlement (for example, Skilled Worker, partner under Appendix FM, or certain business routes). Some categories allow ILR after 3 years (e.g., specific talent/innovation routes), while the long-residence route allows ILR after 10 years’ lawful residence across different visas.

You must show continuous residence. For work routes, absences are usually limited to 180 days in any 12-month period. Family routes focus on the genuineness of the relationship rather than strict absence caps. You must also meet Knowledge of Language and Life in the UK requirements (unless exempt) and pass suitability checks (good character and immigration history). Route-specific rules still apply: for example, sponsored workers need confirmation from a licensed employer and must meet the current ILR salary/going-rate for their occupation at the time of application.

If you’re unsure when you can apply for ILR, get in touch with one of our experts.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Continuous residence means time spent lawfully in the UK without a break. For most work-based ILR routes, you must not be absent for more than 180 days in any rolling 12-month period across the qualifying years. Each full day outside the UK counts as an absence. Overstaying (without section 3C leave), imprisonment, or leaving the UK without valid permission can break continuity.

For the partner/family ILR route, there is no fixed 180-day limit, but long or frequent trips can raise doubts about whether the relationship is genuine, and the UK is your main home. Keep strong evidence of cohabitation and shared life during the qualifying period.

For 10-yearlong residence ILR, absences are usually more tightly assessed. As a guide, a single absence over 180 days breaks continuity, and high total absences can also cause refusal.

Rules and exceptions vary by route, so it is vital to apply the correct test to your timeline and documents. This is where we can help. Leonard Solicitors LLP has been practicing immigration law for over 3 years. Our team of accredited advisors can assist with travel history, apply the right test for your route, and prepare a compliant ILR dossier so you can settle with confidence.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Most adult applicants need to meet Knowledge of Language and Life in the UK (KoLL) for both ILR and British citizenship. This usually means:

• English language at B1 or above (speaking and listening) via an approved test, or a degree taught in English, or being a national of a majority English-speaking country.
• Passing the Life in the UK Test.

If you passed Life in the UK for ILR, you do not take it again for citizenship.

Exemptions apply if you are under 18 or 65 and over, or if you have a long-term physical or mental condition that makes meeting the requirement unreasonable. Evidence is needed for medical exemptions.

Route-specific rules still apply. Some protection routes or long-residence cases may have particular evidence needs, but KoLL is generally required unless an exemption applies. Planning ahead avoids expired test certificates, wrong test centres, or delays.

For a smooth ILR or citizenship application, our team will confirm your KoLL position, book the right test, and prepare your documents. Contact us today to get started.

Contributor: Asad Khan, Immigration Supervisor.

Naturalisation is an online application to become a British citizen. Most applicants must have lived in the UK for 5 years, hold ILR/settled status for 12 months, meet the good character requirement, and have passed English (B1) and the Life in the UK Test. Absences are usually limited to 450 days in the last 5 years and 90 days in the last 12 months.

If you are married to a British citizen, the residence period is 3 years, you must hold ILR/settled status on the date of application (no 12-month wait), and absences are normally capped at 270 days in 3 years and 90 days in the last 12 months.

We can help you apply online, pay the fee and book biometrics. You will need two referees, evidence of residence and status, and details of any criminal or immigration history. If approved, you attend a citizenship ceremony and then apply for a British passport.

For a smooth British citizenship application, our immigration lawyers are on hand to check eligibility, residence and absences, prepare evidence, and manage your submission. Contact our friendly team to get started.

Contributor: Asad Khan, Immigration Supervisor.

Yes. Children can often register as British (a different process from adult naturalisation). Common routes include:

• Born in the UK: if a parent later becomes settled or British before the child turns 18 (statutory entitlement).
• Born in the UK – 10-year route: a child who has lived in the UK for the first 10 years of life can register, even if the parents are not settled.
• Born abroad: some children are already British if a parent is British otherwise than by descent; others can apply to register at the Home Secretary’s discretion based on residence and strong links to the UK.
• Stateless children born in the UK may register after a qualifying residence period.
• Adoption can also confer or lead to eligibility.

Children do not need English or Life in the UK, but those aged 10 or over must meet the good character requirement. Applications are online with parental consent, evidence of birth, residence, and parents’ status.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Start by reading the refusal notice and reasons. Your options depend on the route and the type of decision. Many human rights or protection refusals carry a right of appeal to the First-tier Tribunal. Deadlines are short: usually 14 days if you are in the UK or 28 days if you applied from abroad. Some decisions, such as Skilled Worker or Student, may offer Administrative Review to correct case-working errors, again with strict time limits. In other cases, the realistic options are to reapply with stronger evidence or pursue Judicial Review where the decision is unlawful, and no appeal or review is available.

If removal is proposed, seek advice immediately. Leaving it too long can affect your status and future applications. Keep copies of all forms, payslips, relationship and residence evidence, and note any errors in the refusal. A focused case plan will decide whether to appeal, review, reapply, or send a pre-action letter.

If your application to the Home Office has been refused, our expert immigration lawyers are happy to help. Contact us today for an assessment and we’ll explain the quickest safe route available.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

An appeal asks an independent tribunal to look again at the merits of the decision. The judge can consider new evidence, hear witnesses, and decide whether the immigration rules or human rights criteria are met. If the appeal succeeds, the tribunal can allow the appeal and effectively remake the decision. Appeals have strict deadlines (often 14 days in-country or 28 days from abroad).

Judicial Review (JR) is different. It challenges the lawfulness of a decision in court, not whether the Home Office reached the “right” answer on the facts. The court looks at fairness, procedure, and legality. New evidence is rarely relevant. JR usually starts with a pre-action letter, then a permission stage. Remedies include quashing the decision and requiring the Home Office to take it again lawfully. Time limits are short and technical.

Choosing the right route is crucial. Some decisions allow Administrative Review instead of an appeal, and JR is only for cases with no adequate alternative remedy.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Often, yes, if the challenge is made in time and the route allows you to remain. If a valid in-country application was refused and you lodge an appeal within the deadline, your previous conditions usually continue under section 3C leave until the appeal is decided. The same applies where an in-time Administrative Review is available and submitted on time.

You cannot stay if your challenge must be made from outside the UK (for example, many entry clearance decisions). Some decisions carry out-of-country appeals only. Judicial Review does not itself give permission to remain, but the court can grant interim relief to pause removal in appropriate cases.

Leaving the UK while an in-country appeal or review is pending can withdraw it. If detained, you may seek immigration bail while your challenge proceeds.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.

Effective appeals are built on clear, consistent, and well-organised evidence. The most persuasive items are:

• Core documents: passports, visas or eVisa printouts, refusal letter, previous applications, and correspondence.
• Credibility records: timelines, travel history, phone location data, and any contemporaneous messages that support the account.
• Relationship or residence proof (family routes): joint bills, bank statements, tenancy or mortgage, photos with dates, and statements from both partners.
• Employment and finance (work routes): payslips, contracts, letters from HR, bank statements, and evidence of meeting salary and skill levels.
• Expert and medical evidence where relevant: medico-legal reports, country expert reports, GP or specialist letters, and risk assessments.
• Witness statements: clear, dated statements addressing the refusal reasons.
• Translations and formatting: certified translations, paginated bundle, index, and a short skeleton argument that links evidence to the rules and the refusal points.

Early gaps analysis and consistent evidence usually make the difference.

Our immigration lawyers support applicants with appeals all the time. We will assess the refusal, identify the evidence that matters, and prepare a focused appeal bundle and case theory. If your immigration application has been refused, contact us for urgent, practical support.

Contributor: Lee Ann Harvey, Managing Partner & Head of Immigration.