ILAS (LLP)

Immigration control deals with how and why people from countries outside the UK are allowed to come to the UK and how long they can stay. It also deals with what they are allowed to do or not do, when they are in the UK, for example, whether they can work, whether relatives can come to the UK to join them afterwards, and/or whether they can use the National Health Service (NHS) or claim benefits or not, as the the case may be.

The rules on British immigration control are complicated by the fact that they overlap with nationality law - that is, the law dealing with who is a British citizen and who is not, and the rights and obligations of the different types of British citizens.

The system of immigration control in the UK splits into two broad categories: those who have a 'right of abode' in the UK and who can live, work and move in and out of the country as they wish, and those who require permission in order to enter and remain in the UK.

There are certain groups of people who do not fit easily into these two categories and who do not need to get leave to 'enter and reamin' even though they do not have the requisite 'right of abode'. These are nationals of the European Union, who are free from immigration control. However, a family member of an EU national who is not an EU national himself will need to apply for confirmation of his right to enter or reside with his EU national family member.

Where people do need a leave to enter the UK, the immigration rules set out various ways in which it can be granted. Some examples of different immigration categories are: 'visitor', 'student', 'spouse', 'highly Skilled Migrant (to be replaced with HSMP Tier 1)', 'working holidaymaker', 'investor' and 'work permit employment'.

In each category, the rules indicate different requirements that must be satisfied before someone will be granted leave to come and stay in the UK. For example, students must show that they will follow a full time course of study, the HSMP applicant would need to score certain amount of points in order to be approved. The new points based system is being currently implemented for highly skilled migrants.

The rules require that most of the categories of people coming to the UK will be able to support themselves without recourse to public funds. Availability or not of accomodation is also a determining factor.

The immigration rules also specify for how long any leave to remain in the UK can be granted and whether it can be extended. Leave to remain can be either 'limited' or 'indefinite'.

Limited leave is granted to people who are coming to the UK for 'temporary' purposes, for example, as students or family visitors. Other people applying for leave to remain may be eligible for 'indefinite' leave, with the possibility of being able to apply for UK citizenship.

People in most 'temporary' categories, such as visitors, will also need to show that they intend to leave the country when the purpose of their stay is over.

People who require leave to enter the UK will usually need to get 'entry clearance certificate' (visa) prior to admission to show that they are entitled to enter the UK under the immigration rules. There are detailed rules about how to qualify for entry clearance within each category of applicant coming to the UK. Some groups, such as refugees and asylum seekers do not require entry clearance, but most do.

It needs to be born in mind that immigration laws are strictly enforced in the UK and the consequences of misunderstanding the right to be here can be very serious. It can include the risk of detention, and/or removal. It is therefore essential to consult a specialist immigration adviser if you are unsure about your position, or the position of your family or friends.

ILAS (LLP) is a widely known and reputable UK immigration and nationality service provider. We are committed to and base our numerous successes on the success of our clients and are always prepared to go the extra mile. Additionally, we have qualified and highly experienced staff (e.g. Ex-immigration officers and ex-Home Office staff) working on your behalf.

We can assist you with:

n	Getting permission to enter the UK in your desired capacity
n	Getting permission to stay in the UK longer than you originally intended
n	Getting permission to be allowed to work
n	Bringing relatives into the country, for example a spouse, fiancé(e), unmarried or same sex partner, children, parents or grandparents
n	Appealing against removal from the UK
n	Appealing against any other immigration decision
n	Obtaining bail from immigration detention centre and/or prison
n	Applying to become a British Citizen
n	Obtaining temporary admission to the UK for those refused entry at port or airport and certain over stayers