Having the right to remain in the UK means that you have been allowed to become a permanent resident in the United Kingdom. Now, for you, the UK is your home. That’s why you don’t want to have to leave any time soon! Gowing Law Solicitors have some of the top immigration solicitors in Manchester that can help you understand your rights and can help you get through the VISA process to achieve permanent residence.
So, what do you need to do to ensure that you still have the right to remain? Let’s get started with the basics of immigration law and what you need to know in order to secure your residency.
The Problem of Brexit & The Right to Remain
Everyone knows about the impact of Brexit and how it has turned the world of immigration on its head. With the passing of the Withdrawal Agreement in January 2020, also known as “exit day”, it’s important to understand that the UK is still in the transitional period until December 2020. Right now, all legislation in the UK that has been derived from EU law will still have an effect. Any directly effective EU rights will automatically become part of British law if they are passed before the end of the transition period. Parliament can retain this law (as British law) but it can be amended once EU membership ends.
So, the main point is that if you want to stay in the UK, you will need to obtain your residency status before January 2021. It is very likely that EU regulations will be swept away once 2021 rolls around, to the point where it may become far easier to deport EU citizens after Brexit. Check out this article to learn more about how this could be possible!
Settled vs Pre-Settled Status
Now, when you have applied for EU settlement status, the government will decide on your residency based on how long you have already been living in the UK. This will determine your rights and how long it will take to become a permanent resident. So, what is the difference between the two? Here is a quick infographic to help you understand.
It is free to apply to the EU settlement scheme, however keep in mind that the status you acquire mainly depends on how long you have been living in the UK for. However, applying for a Visa isn’t as simple as it sounds. That’s why you may need an experienced immigration solicitor from Gowing Law Solicitors to help you with the process.
The Basic Requirements for a VISA
As you can see, there are a lot of routes that you can take to get a Visa to stay in the UK. If you want to get indefinite leave to stay in the UK, you need to be a law abiding citizen. Once you have passed the time limit (5 years)that is needed for you to be considered a “citizen”, you will need to pick the VISA that will suit your living, work and personal situation.
Keep in mind that you will also need to fulfill the following general requirements to successfully apply for indefinite leave to remain:
- Have no criminal record
- Have no breach of immigration laws during the time spent in the UK
- Pass a “Life in the UK test” based on British culture, traditions and history.
- Show that you have a B1 level command of English. You will find more information on this through the Common European Framework of Languages
Whilst these are the basics of starting off your VISA journey, remember that it does depend on your personal circumstances. Sometimes the minimum time requirements may be longer or shorter. For instance, if someone has been living the UK under “long residence”, then you may have to spend 10 years in the UK before you are considered. On the other side, the wait may be shorter if they are under 18 and have a parent with British citizenship. Speak to your Manchester immigration solicitor to find out more information about your own personal situation.
Don’t forget about the GOV.UK form!
Whilst you should speak to a trained permanent residence solicitor about your immigration status, you can do some research on your own to build up your basic knowledge. If you already are considering what type of Visa you are going to be getting, don’t forget to fill out the UK Government’s form. This permanent residency form will take all of your information into account and the visa you are interested in applying for. From there, it will give you the basics on how you are going to apply for the Visa and what you will need to do to secure your citizenship.
Before you speak with your solicitor, make sure to give it a little look at! That way you can understand your solicitor and how they are going to help you stay in the country after 2021.
Is there a chance I may not get a UK Visa?
Naturally, there is always a chance that you may be rejected for your VISA. However, this is very unlikely if you have been honest in your application and filled it in completely correctly. Gowing Law Solicitors will work hard to ensure this does not happen to you. Here are some examples of why you may end up being rejected:
Additional reasons why you may not get your Visa or the approval of your immigration status include:
- Mistakes in your application form
- Application in the wrong Visa Category
- Supporting documents are not submitted with the application
- Financial requirements are not met (i.e. for a points based Visa)
- Insufficient evidence of relationship (for a relationship Visa)
Although you may have the opportunity to re-apply for your Visa, it will look better if you get it on the first try. Working with an immigration specialist from Gowing Law Solicitors will guarantee you the best advice possible about the right to remain, so make sure to contact us soon!
Ready to get help with your Visa and the right to remain?
Now that you understand the basics of applying for British citizenship or getting a Visa, why not speak to our immigration specialists for more information? We can help guide you through your citizenship application and make sure that all of your details are in order. Make sure to supply your immigration specialist with as much information as possible. That way they can work with you and ensure they fully understand your case. If you have any questions then make sure you ask them! Our specialists are ready to help you as much as possible!
Want to learn more?
Tired of reading about the right to remain? Why not check out last week’s blog topic, the world of PPI tax reclaims! We make legal talk simple, so why not check out these blogs? You may be able to make a claim. We talk about the basics of PPI tax reclaims and whether or not you can reclaim PPI tax if you are self-employed. Learn something new and check out more of our blog series now!
Contact Gowing Law Solicitors for advice on the right to remain now
Ready to work with the top Manchester immigration solicitors about the right to remain? It’s time for you to get in contact with Gowing Law Solicitors. We want to help you move forward with your application and get you prepared for the journey ahead. It does take time to process an immigration, but your expert immigration solicitor will always be there to support you.