Immigration & Visa Issues
Quick Summary
The UK visa system is complex, with many different visa categories depending on your reason for coming to or staying in the UK. The type of visa you need depends on whether you are coming to work, study, join family, or seek protection. An immigration solicitor can help you choose the right route, prepare your application, and avoid costly mistakes.
Common UK Visa Types
The most common work visa is the Skilled Worker visa, which replaced the old Tier 2 visa. To qualify, you need a job offer from a UK employer who holds a sponsor licence, the job must be at the required skill level (RQF level 3 or above), and you must meet the minimum salary threshold (currently £38,700 per year, or the going rate for your occupation, whichever is higher). There are some exceptions for shortage occupations and specific roles.
Student visas allow you to study at a UK institution. You need a Confirmation of Acceptance for Studies (CAS) from a licensed sponsor, proof that you can support yourself financially, and adequate English language skills. Student visa holders can typically work up to 20 hours per week during term time.
Family visas are for people joining a partner or family member who is a British citizen or settled in the UK. The most common route is the spouse or partner visa. The UK-based partner must meet a minimum income requirement (currently £29,000), or you can use savings, pension income, or self-employment income to meet the threshold. The requirement rises if you have children.
Other common visas include the Global Talent visa for leaders in academia, arts, or technology, the Innovator Founder visa for those starting a business, and the Graduate visa for international students who have completed a UK degree.
Do I Need an Immigration Solicitor?
While you can make many visa applications without a solicitor, the UK immigration system is complex and the consequences of mistakes can be severe. A refused application means you lose your application fee, which can be several thousand pounds. It also creates a refusal history that can make future applications more difficult.
An immigration solicitor is particularly valuable if your case has any complications, such as a previous visa refusal, a gap in your immigration history, a criminal record (even a minor one), complex financial circumstances, or if you are switching between visa categories. They are also essential for human rights-based applications, asylum claims, and appeals against refusal decisions.
When choosing an immigration solicitor, make sure they are regulated by the Solicitors Regulation Authority (SRA) or the Office of the Immigration Services Commissioner (OISC). Unregulated immigration advisers are illegal in the UK, and using one can put your application and your money at risk. Check the SRA or OISC registers online to verify that your adviser is properly regulated.
Be wary of advisers who guarantee your application will succeed. No legitimate adviser can guarantee the outcome of a visa application, as the decision is made by the Home Office. A good solicitor will give you an honest assessment of your chances and explain the risks.
How Much Does It Cost?
Immigration costs are made up of three elements: the Home Office application fee, the Immigration Health Surcharge (IHS), and professional fees if you use a solicitor. Home Office fees vary by visa type. A Skilled Worker visa costs £719 to £1,500 depending on the length, a spouse visa costs £1,846, and a student visa costs £490. These fees are per person and non-refundable.
The Immigration Health Surcharge gives you access to NHS services while you are in the UK. It currently costs £1,035 per year for most visa types, and £776 per year for students. This must be paid upfront for the entire duration of your visa.
Solicitor fees for immigration matters vary widely. A straightforward visa application might cost £500 to £1,500 in legal fees. Complex cases, such as appeals, human rights claims, or applications with complicating factors, can cost £2,000 to £5,000 or more. Many solicitors offer fixed fees for standard applications, so you know the total cost before you start.
If you are making a family visa application, you also need to demonstrate that you meet the financial requirement. You may need to pay for document translation and certification, which can add several hundred pounds to your costs.
Visa Processing Times
Processing times depend on the type of application and where you are applying from. Applications made outside the UK are generally processed within 3 to 8 weeks for standard service. Priority services are available for some visa types, reducing the processing time to 5 working days for an additional fee.
Applications made inside the UK (extensions and switching) are typically processed within 8 weeks for standard service, though some categories can take longer. Same-day decisions are available at premium service centres for an additional fee of around £500 to £800.
Settlement applications (indefinite leave to remain) and citizenship applications take longer, typically 6 to 12 months. There is currently no priority service for these applications, though this may change.
If your application is taking longer than the published processing time, you can contact UK Visas and Immigration to request an update. Your solicitor can chase this on your behalf. If there has been a significant delay, you may be able to make a complaint or, in extreme cases, seek a court order to compel a decision. Delays are frustrating but are not unusual, particularly for complex applications.
What If My Visa Is Refused?
If your visa application is refused, you will receive a written decision explaining the reasons. Read this carefully, as it tells you exactly what went wrong and whether you have a right of appeal. Not all visa refusals carry a right of appeal. If you do have the right, you must lodge your appeal within strict time limits, usually 14 days for in-country appeals and 28 days for out-of-country appeals.
If you do not have a right of appeal, you may be able to request an administrative review. This is a review of the decision by a different caseworker within the Home Office. It costs £80, which is refunded if the decision is overturned. Administrative review can only correct caseworker errors. It cannot consider new evidence.
In some cases, you can also challenge a refusal by judicial review. This is a legal challenge to the decision-making process rather than the decision itself. Judicial review is complex and expensive, so you should only pursue it with specialist legal advice.
Often the best course of action after a refusal is to make a fresh application that addresses the reasons for refusal. Your solicitor can advise on the best strategy. It is important to understand why the application was refused before reapplying, as making the same mistakes will result in another refusal and wasted fees.
Asylum Claims
If you are in the UK and fear persecution in your home country because of your race, religion, nationality, political opinion, or membership of a particular social group, you may be able to claim asylum. Asylum claims must be made in person at the earliest opportunity, either at the port of entry or at a screening centre.
The asylum process involves an initial screening interview, followed by a substantive interview where you explain in detail why you fear returning to your country. It is extremely important to be honest and consistent in your account. The Home Office will assess your claim against the evidence about conditions in your country.
You have the right to free legal representation for asylum claims through legal aid. This covers solicitor fees, interpreter costs, and expert reports. Finding a good legal aid immigration solicitor is essential, as the quality of legal representation can significantly affect the outcome of your claim.
While your claim is being processed, you may be entitled to accommodation and financial support from the Home Office if you would otherwise be destitute. This is provided under Section 95 of the Immigration and Asylum Act 1999. The support is basic but covers essential living costs. You are not normally allowed to work while your asylum claim is pending, though you can apply for permission to work if your claim has been outstanding for more than 12 months through no fault of your own.
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Disclaimer: This page provides general information about the law in England and Wales. It is not legal advice and should not be treated as such. Every situation is different, and you should consult a qualified solicitor for advice specific to your circumstances.