Immigration Advisory Service in Windsor and Kensington, London
Appleby Shaw, the pioneer immigration law firm in Windsor and Kensington, London has the experience and knowledge to advise and represent in all areas of immigration law and provide a comprehensive service for both individual and corporate clients.
We cover a full range of applications to enter and remain in the UK including applications under the Points-Based System.
We are committed to providing an excellent service to our clients which involves giving effective and responsive advice with absolute discretion and the ability and expertise in providing a flexible service tailored to the needs of each individual.
Points Based System
Introduced in 2008, the Points Based System is for those looking to enter the UK for employment, investment, setting up a business or studying in the UK. Appleby Shaw provides specialist advice and representation throughout the Points Based System, both for applicants and for employers who sponsor them.
The Points Based System is comprised of 5 Tiers as follows:-
- Tier 1 – this Tier is made up of six sub categories: Investor, Entrepreneur, Graduate Entrepreneur, Exceptional Talent, General (closed to new applicants) and Post Study Work (closed to new applicants). Under this Tier, applicants are not required to be sponsored either by an employer or an education provider. Tier 1 enables high value individuals: entrepreneurs, investors and the exceptionally talented to enter or to stay in the UK to contribute to its economic wealth and productivity.
- Tier 2 – this Tier is also divided in sub categories: Tier 2 (General), Tier 2 (Intra Company Transfer), Ministers of Religion and Sportspeople. However, this category is mainly used for skilled workers to come to the UK to fill a gap in the workforce that cannot be filled by a settled worker (Tier 2 General). These individuals are sponsored by employers who hold a Tier 2 Sponsor Licence issued by the UKBA.
- Tier 3 – Closed
- Tier 4 – this Tier is used for those wishing to study in the UK and is split into two sub categories: Tier 4 (General) and Tier 4 (Child) Students. Those wishing to enter the UK under this Tier, must be sponsored by a college or school (in the case of children) that has been granted a Sponsor licence by UKBA.
- Tier 5 – comprising of two sub categories: Tier 5 (Youth Mobility) and Tier 5 (Temporary Workers) – those who wish to come to the UK on a temporary basis.
Visitors and Family Visas
Divided into twelve sub categories, those wishing to visit the UK must apply in the category that applies to their individual circumstance. These include, general (including family visitors), child, business (which includes "academic visitors"), sports, entertainer, student, prospective entrepreneur, visitors in transit, visitors for private medical treatment, visitors for marriage or to enter a civil partnership, visitors as the parent of a child at school in the UK.
These are applications for visas from spouses, civil, unmarried and same sex partners of British citizens or of people who have indefinite leave to remain who wish to join them in the UK under the Immigration Rules. Similar provisions are made for children of parents and relatives who are British nationals or who have indefinite leave to remain.
European Economic Area (EEA) Nationals and their family members
Nationals of the countries comprising the European Economic Area (citizens of the countries comprising the European Union and their family members (whether or not they are themselves EEA nationals) are not subject to the UK's Immigration Rules. Instead their admission into and stay in the UK is subject to European Union law, implemented in the UK by the Immigration (European Economic Area) Regulations 2006. A separate regime applies to nationals of Bulgaria and Romania who are subject to the Accession (Immigration and Worker Authorisation) Regulations 2006 if they are working for UK employers. These regulations were amended in December 2011, extending the employment restrictions until 31 December 2013. Although there are no restrictions to these nationals establishing themselves in business in the UK or if they are self-employed.
British Citizenship and Nationality
There are now three main ways to become a British citizen. The first is to be born one. The second is to be registered as one and the third is to be naturalised as one. In addition, there are circumstances in which a person who was not born a British citizen automatically becomes one, without the need to be registered, naturalised or apply for British Citizenship.
Whether or not you were born a British citizen depends on a combination of where and when you were born and the nationality of your parents.
Naturalisation is the most common way for adults who were not born British to become British. People who have Indefinite Leave to Remain (ILR) can, subject to fulfilling residence requirements, apply for naturalisation as British citizens. It is necessary to demonstrate sufficient knowledge of the English language and of life in the UK, and to be of good character. Knowledge of English and Life in the UK is formally tested, good character entails meeting specific requirements, the most important of which relate to the applicant's criminal record. Naturalisation takes place at a public ceremony.
Registration is the only way in which children can become British and is also used for adults in special circumstances when applying for British Citizenship. It is necessary for those over ten years old to be of good character, but it is not necessary to demonstrate knowledge of the English language or of life in the UK.
Protecting individual rights lies at the heart of the firm. Appleby Shaw can provide expert legal advice in all areas where fundamental human rights have been, or are about to be infringed. Our immigration team has experience in conducting a broad range of cases before the UK courts dealing with the liberty of individuals. We act for clients on asylum and human rights cases to include deportation and extradition.
Refusals and Appeals
Appleby Shaw have an impressive record in winning appeals and achieving outstanding results before the matter has even reached the Tribunal. We act for individuals who exercise their appeal rights within the UK and from outside the UK.