FAQ

FAQ

Find answers to frequently asked questions about Gherson services. Select a service from the following list and view the FAQ to find answers to frequently asked questions. If you are a new customer of one of the services listed below, we encourage you to read the related questions and articles.

FAQ # 1

Why should I be cautious of using translation agencies?

Not all translation agencies are bad; in fact, there are...

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Not all translation agencies are bad; in fact, there are some very good professional companies that maintain high standards. However, there are a number of things that you should be aware of if you consider using a translation agency:

- Potential Quality Issues

Most translation agencies do not have a dedicated in-house team and engage freelance translators on a project-by-project basis. When recruiting freelancers for a project, some agencies neglect to duly verify the translators’ qualifications and may end up selecting people who are not fit for the job.

Although certain translation agencies would still certify documents translated by such non-qualified individuals, the poor quality of the translated text will ultimately make it unusable for the designated purpose and may lead to the document being disregarded by the relevant UK authority and potentially weakening your case.

- Potential Confidentiality Breach

Being an established translator, I am often approached by translation agencies willing to contract me for a project. In my experience, it is not uncommon to receive a mass email (probably sent to hundreds of other translators) with a job request, which includes an entire set of client documents, including the client’s name, address, passport details and family history along with every detail of the legal dispute they are involved in. While this is undoubtedly a gross breach of client confidentiality and should not – and absolutely does not – happen in reputable firms (such as Gherson), these situations are still fairly common, and clients should beware of being potentially exposed in this way when working with certain translation agencies.

In conclusion, it is important to emphasise that whether you have engaged Gherson to assist you with a regular visa application or to represent you in connection to a complex legal matter, you should be rest assured that your information will be handled with due care and in strict confidentiality, and that your documents will be translated accurately and in line with the highest professional standards.

Why do I need my documents translated into English?

UK authorities, be it the Home Office, a UK court,...

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UK authorities, be it the Home Office, a UK court, or any other institution, require that foreign-language documents submitted in support of a visa or any other application be translated into English. The translations must be duly certified by relevant translators before the document may be relied upon.

Why can’t I translate documents myself?

- Certified Translation

As mentioned above, translations submitted to the UK authorities have to be certified by relevant translators. This means that for each completed piece of work, the translator must vouch in writing that he/she has provided an accurate translation of the original text, and include his /her contact details, including membership number with a professional body (such as the Chartered Institute of Linguists). This procedure is to ensure that the translator can be called upon if a discrepancy is found, or in the event of any other dispute over the translated text.

- Professional Services

Rendering a text from one language to another involves a little more than translating individual words and arranging them into a sentence.

Choosing the right turn of phrase that accurately reflects the meaning of the original document without missing any detail or introducing unintended confusion requires years of professional training and experience. Translators have to ensure that the translated document sounds authentic and uses an appropriate tone (i.e. does not sound too familiar) for use in communications with the Home Office or court officials.

It is important to remember that our dedicated team of translators is there to ensure that you can communicate with the UK authorities in a way that truly and accurately represents yourself and your case.

I have a 2-year UK Family Visitor visa and I am planning to visit my daughter’s family in the UK. I would like to stay with them for several months and help look after my grandchildren. Is this possible?

You are allowed to come and visit your daughter and...

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You are allowed to come and visit your daughter and grandchildren in the UK for this purpose but you cannot undertake paid or unpaid work whilst you are staying in the UK as a visitor. 

You are permitted to stay in the UK for up to six months per visit but you should be careful that you do not end up residing in the UK through frequent or successive visits.

For example, if you stay in the UK for almost six months, leave the UK for a few weeks and then come back for another five months, you may be considered to be residing in the UK and this would be in breach of the conditions of your visitor visa.

This may jeopardise any future visa applications and you may face problems re-entering the UK on subsequent visits. It is also very important that you do not overstay in the UK.

I am the creator and manager of a number of Technology businesses, all of which are profitable and which have won or been nominated for awards. I would like to apply for a Global Talent Visa. Do you have any experience with this visa route?

We regularly assist clients with applications under the Global Talent...

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We regularly assist clients with applications under the Global Talent visa category. It is worth noting that unlike a number of other visa categories, this immigration route very much depends on the applicant’s individual achievements and therefore requires a bespoke approach in every case.

Please also note that the application process is made up of two stages and that you must obtain an endorsement from a UK Designated Competent Body (such as Tech Nation for those specialising in the Digital Technology field) prior to making your visa application.

In light of the narrow eligibility requirements of this scheme, it may also be worth looking at other immigration routes that may be available to you.

I am in the UK on a visa and I have recently got married and changed my name. Do I need to inform the Home Office about this? If so, how do I do that?

You will be required to inform UK Visas and Immigration...

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You will be required to inform UK Visas and Immigration of any changes to the following (either for yourself or any dependants): 

  • Personal details;
  • Criminal convictions; 
  • Contact details;
  • Legal Representative’s details; 
  • Dependants’ details.

In order to do this, you have to complete a paper form and provide the relevant proof of the change of circumstance. If you have an application pending with the Home Office, there is an online form which you can use to update your or your legal representative’s contact details. 

If the change is in relation to your own personal details, such as a change to your name, you may also be required to apply for a new Biometric Residence Permit (“BRP”).

I am planning to come to London for six months on a university student exchange programme. Will my student visa allow me to also work part-time?

If you are entering the UK on a short term...

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If you are entering the UK on a short term student visa, you should not intend to take any paid or unpaid employment (other than as an elective which meets specific provisions of the UK immigration rules e.g. where medicine, veterinary medicine and science, or dentistry is your principal course of study). 

You would not be allowed to undertake any work placement or work experience in the UK. You would also not be permitted to be self-employed or be involved in any business activity or any professional activity in the UK

Do you have experience with successful Innovator Visa applications? What documents do I need to prepare? Can you assist me with the application process?

We have advised and assisted on a number of Innovator...

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We have advised and assisted on a number of Innovator visa applications, which have been successful. We would be delighted to work with you.

In order to apply for this type of visa, you must first obtain an endorsement from a designated Endorsing Body. Applicants will receive an endorsement only if they are able to evidence that their business idea is Innovative, Viable, and Scalable, as defined by the Home Office. In addition, you will have to be able to prove that you have access to at least £50,000 that is available to invest in your business in the UK. 

Successful Innovators will be granted leave for a period of three years and can bring their family members to the UK. After three years, Innovators may be able to apply to extend their stay for a further three years, or apply to settle permanently in the UK. Each of these three stages (initial application, extension, settlement) requires an endorsement from an Endorsing Body.

Please note that this type of visa requires a thorough assessment of the individual’s circumstances.

I plan to relocate to the UK to facilitate setting up a UK branch of my company. What would be the best visa option for me?

A Sole Representative visa (also known as a Representative of...

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A Sole Representative visa (also known as a Representative of an Overseas Business visa) may be the most suitable option for you to immigrate, reside and work in the UK. The requirements that need to be met to obtain this type of visa include:

  • Being recruited and employed outside the UK by an active and trading business, whose headquarters and principal place of business are, and will remain, outside the UK;
  • Holding a senior position within the business, but not owning or controlling the majority of the business, and having full authority to make decisions on behalf of the parent company in the UK;
  • Intending to establish the overseas business’s first commercial presence in the UK, either as a registered branch or a wholly owned subsidiary;
  • Being able to maintain and accommodate yourself and your dependants in the UK without recourse to public funds;
  • Being able to demonstrate knowledge of the English language to the required standard.

Sole Representative visas are normally granted for a period of three years with the possibility to extend for another two years. This visa route leads to Indefinite Leave to Remain (provided you satisfy the requirements at each stage). 

I am currently abroad and due to have a baby in the next couple of months. What would happen if I am unable to return to the UK because of the COVID-19 pandemic, and my child is born outside the UK? Will I be able to apply for my baby’s British passport from abroad. I currently hold Indefinite Leave to Remain (ILR) status in the UK.

Unfortunately not. If the child is born in the UK...

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Unfortunately not. If the child is born in the UK and you have ILR status in the UK, the child is a British citizen. If the child is born outside the UK and you have ILR status in the UK, the child is not British (unless the child’s other parent is a British Citizen otherwise than by descent). You can apply for a visa to bring your child with you when you return to the UK, but it will not have an automatic right to British citizenship at birth.

I am unable to return to the UK as all flights have been cancelled for the time being due to COVID-19. I am worried that the Home Office will cancel my Indefinite Leave to Remain (ILR). Can they do that?

You can lose your ILR status if you are absent...

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You can lose your ILR status if you are absent from the UK for a continuous period of two or more years. If you have been absent for two or more years, you may apply under the Returning Residence visa route to return to the UK and regain your ILR status.

Can I apply for an Ancestry visa if my step-parents were British?

No. You cannot claim ancestry through your step-parents. You may...

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No. You cannot claim ancestry through your step-parents. You may still be able to apply under this route if either you or your parent were adopted. This will require further documentary evidence.   

I am not a Commonwealth national but my grandparent was a British citizen, can I apply for an Ancestry visa?

No. It is a requirement that in order to be eligible to apply for a UK Ancestry visa, you must be a national of a Commonwealth country.

Can I study or work in the UK on an Ancestry visa?

Yes. One of the requirements to be granted an Ancestry...

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Yes. One of the requirements to be granted an Ancestry visa is that you will need to demonstrate that you are able and intending to work in the UK. You are also able to study in the UK on an Ancestry visa.

What are the requirements to apply for an Ancestry visa?

In order to apply for an Ancestry visa, you need...

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In order to apply for an Ancestry visa, you need to demonstrate that you are aged 17 or over, you intend to undertake work in the UK, you have sufficient funds to support yourself in the UK, you are a Commonwealth citizen and you can prove that at least one of your grandparents was born in the UK, the Channel Islands or the Isle of Man.

Can I get married in the UK as a visitor?

You cannot get married in the UK as a standard...

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You cannot get married in the UK as a standard visitor. If you wish to come to the UK to register your marriage or give notice to marry, but you are not planning to stay or settle in the UK, you must apply for a marriage visit visa in order to do so.

If you intend to reside in the UK after your marriage with your partner who is either settled in the UK or is a British citizen, you will need to apply for a fiancé visa instead.

Can I come to the UK a visitor for 6 months, leave the UK for a few days and return to the UK for a period of 6 months?

The general rule is that you are permitted to enter...

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The general rule is that you are permitted to enter the UK for a period of 6 months (unless your visit visa expires earlier than the end of the 6-month period). There is no specified maximum period which you can spend in the UK in any one period. However, you must not make the UK your home, must have an intention to return to your home country and you must intend to genuinely visit the UK.

You may be denied entry to the UK if the border officer is not satisfied that you are a genuine visitor and deems that you are intending to reside in the UK.  If you wish to reside in the UK, you must consider other visa options that permit you to do so.

Can I switch my visit visa to another visa whilst in the UK?

In most circumstances, it is not possible to switch your...

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In most circumstances, it is not possible to switch your visit visa to another visa (such as a Skilled Worker visa) from within the UK. You will normally need to return to the country in which you are usually resident or of which you are a national, in order to make an application for a visa to enter the UK.

Can I work in the UK as a visitor?

No. A visitor is not permitted to do paid or...

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No. A visitor is not permitted to do paid or unpaid work in the UK. However, you may be permitted to undertake restricted business-related activities. Specific entitlements exist for experts in specialist/niche sectors, artists and entertainers.

If your work falls outside the strict requirements above, you must consider a different visa route if you wish to undertake work in the UK.

Can I extend my visit visa?

You may be able to extend your stay as long...

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You may be able to extend your stay as long as the total time spent in the UK as a visitor is no more than 6 months. You cannot typically extend your stay in the UK as a visitor beyond 6 months.

However, under certain circumstances, for example if you are receiving ongoing private medical treatment in the UK, you may be eligible to do so. Please contact us for further information.

How long is a visit visa valid for?

A standard visit visa is usually valid for 6 months....

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A standard visit visa is usually valid for 6 months. However, if you need to visit the UK regularly over a longer period, you can apply for a long-term multiple entry visit visa that lasts for 2, 5 or 10 years.

You can stay in the UK for up to 6 months during each visit, provided your intention is to be a genuine visitor in the UK and you must ensure that you are not residing in the UK through frequent and successive visits.

Can I speak to a lawyer?

Yes, you have the right to be represented. At the...

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Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.


It is possible to arrange representation before arriving at court - this can be done directly yourself or through your family.


Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

Am I entitled to legal aid?

Legal aid is means tested and is only available to...

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Legal aid is means tested and is only available to those with a yearly income under a certain threshold. Those who do not qualify must either pay privately or represent themselves.

We only operate on a privately funded basis.

FAQ # 2

Can I switch from a dependant’s visa to a Skilled Worker visa?

Yes, if you are a dependant and you are offered...

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Yes, if you are a dependant and you are offered a job by a UK employer who has a valid sponsor licence and are prepared to sponsor your application, you may apply to switch your visa to Skilled Worker visa.

Please note that if the individual is a Parent of a Child Student, they will not be able to switch in country to the Skilled Worker route.

Do I need to apply for a dependant’s visa for a child born in the UK?

When a child is born from within the UK, the...

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When a child is born from within the UK, the Skilled Worker must apply for their child’s dependant visa if they want to travel in and out of the UK.

What documents are required for a dependant’s visa?

The documents required depend on the individual circumstances of the...

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The documents required depend on the individual circumstances of the applicant and the main applicant. For further information, in this regard please contact Gherson.

Can I speak to a lawyer?

Yes, you have the right to be represented. At the...

Read More

Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.


It is possible to arrange representation before arriving at court - this can be done directly yourself or through your family.


Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

Am I entitled to legal aid?

Legal aid is means tested and is only available to...

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Legal aid is means tested and is only available to those with a yearly income under a certain threshold. Those who do not qualify must either pay privately or represent themselves.

We only operate on a privately funded basis.

What is a dependant’s work eligibility?

A dependant is able to work in the UK, however,...

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A dependant is able to work in the UK, however, they are unable to take up employment as a professional sportsperson or sports coach.

A dependant is also not permitted to have recourse to public funds.

What are the fees for a dependant’s visa?

The visa fees are subject to frequent change. The Home...

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The visa fees are subject to frequent change. The Home Office fees to consider are the application fees, any priority service fees and the Immigration Health Surcharge. These fees are applicable for each dependant and.

The dependant will be issued with a visa in line with the length of the Skilled Worker’s visa and therefore the fees will also dependant on the number of years they will be residing in the UK.

How do I apply for a dependant’s visa?

A Skilled Worker can apply to either bring their dependent...

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A Skilled Worker can apply to either bring their dependent spouse/partner and children under the age of 18 with them to the UK or such dependants can join the Skilled Worker in the UK at a later stage, provided they satisfy certain requirements.

The applications must be submitted online from a country of which they are a national or where they are usually resident.

Can I get a Skilled Worker visa extension after 5 years?

As a Skilled Worker, provided you continue to meet the...

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As a Skilled Worker, provided you continue to meet the relevant requirements and your employer still require you for your role in the UK, you will be permitted to extend your leave beyond 5 years.

How do I extend my Skilled Worker visa?

You will be required to submit an online application form...

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You will be required to submit an online application form for Permission to Remain as a Skilled Worker, together with the relevant supporting documents, this will include a newly assigned CoS for your employer.

Once your application has been paid and submitted online, you will be required to attend a biometric appointment.

When to apply for a Skilled Worker visa extension?

You are able to apply to extend your leave within...

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You are able to apply to extend your leave within the UK, no more than 3 months prior to the expiry of your current visa. In any event, you must ensure that you extend your leave prior to the expiry date of your current visa.

Skilled Worker Visa change of employer – what to do?

If you are in the UK as a Skilled Worker...

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If you are in the UK as a Skilled Worker migrant but are in the process of changing employer or changing jobs within your current employer and your new job now falls outside your current occupation code, you will be required to submit a fresh Permission to Remain application as a Skilled Worker.

The employer must have a valid sponsor licence and will need to issue you with a new CoS.

What are the Skilled Worker visa extension processing times?

The processing times for a Permission to Remain as a...

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The processing times for a Permission to Remain as a Skilled Worker visa application is usually processed within 8 weeks.

Priority services may be available which can reduce the processing time to 5 working days or 2 business days, at an additional cost.

Once a decision has been received, it will take a further 10 working days to receive the Biometric Residence Permit.

Switching from Student Visa to Skilled Worker – is it possible?

If you hold valid leave within the UK as a...

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If you hold valid leave within the UK as a Student or even under the Graduate visa route and a sponsored employer offers you a role that meets the requirements of a Skilled Worker visa, you may be eligible to switch in country.

What are the Skilled Worker visa fees?

The Skilled Worker visa fees are subject to change frequently...

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The Skilled Worker visa fees are subject to change frequently and depend on the circumstances of the migrant, the employer and the job role. Please see below the visa application fees for a 3 year visa excluding any dependants:

Visa application fee - £723.20 (could be reduced deepening if your role is on the shortage occupation list or depending if you are an EEA national)

Immigration Health Surcharge - £1,872 (£624 per year)

Certificate of Sponsorship - £199

Immigration Skills Charge - £1,092 (£264 per year) or £3,000 (£1,000 per year) (this fee depends on whether the company is considered to be small or large.)

Please note that the above is only a sample of the fees, additional costs may apply for additional services.

What is the Skilled Worker visa minimum salary threshold?

The minimum salary for a Skilled Worker migrant is whichever...

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The minimum salary for a Skilled Worker migrant is whichever is highest out of the following:

  • £25,600.00 per annum;
  • £10.00/hour; or
  • the ‘going rate’ for the type of work the migrant will be doing;

Certain exemptions apply to the minimum salary threshold provided above, examples are if the individual is considered to be a ‘New Entrant’, you role is in a shortage occupation, you have a science, technology, engineering or maths (STEM) PhD level qualification that is relevant to your role or you have a postdoctoral position in science or higher education.  

The minimum salary threshold is reduced between 70% and 90% of the ‘going rate’ or £20,480 per year, (£23,040 if the individual has a relevant PhD level qualification in any other subject) whichever is higher.

What are the Skilled Worker visa processing times?

The processing times for Permission to Enter as a Skilled...

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The processing times for Permission to Enter as a Skilled Worker visa application is usually processed within 15-20 working days. Depending on where the application is made, priority services may be available which can reduce the processing time to 5 working days or 24 hours. 

The processing times for a Permission to Remain as a Skilled Worker visa application is usually processed within 8 weeks. Priority services may be available which can reduce the processing time to 5 working days or 2 business days, at an additional cost.

Once a decision has been received, it will take a further 10 working days to receive the Biometric Residence Permit.

What are the documents required for a Skilled Worker visa?

The documents required for a Skilled Worker visa depend on...

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The documents required for a Skilled Worker visa depend on your individual circumstances, please contact Gherson and we can advise further.

What are the Skilled Worker visa restrictions?

As a Skilled Worker, you are not permitted to have...

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As a Skilled Worker, you are not permitted to have recourse to public funds.

There are certain restrictions in relation to additional work i.e. you are able to have additional employment for up to 20 hours per week, however, it must be in the same occupation code and at the same level as your main job or within the shortage occupation list. If you intend to carry out more than 20 hours a week, please contact Gherson and we can advise on this further.

In addition to the above, if you would like to change your role or employers, you are required to submit a fresh visa application, again please contact us and we can advise further.

What are the Skilled Worker visa requirements?

There are many requirements for a Skilled Worker visa. They...

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There are many requirements for a Skilled Worker visa. They will vary depending on your circumstances, but you must firstly obtain a job offer from a sponsored employer. The role must meet certain skill and salary criteria as set by the Home Office.

The sponsored employer will be required to assign a valid Certificate of Sponsorship (CoS) for your role. In addition to the above, you will be required to also satisfy the English language requirement, maintenance requirement and have taken a Tuberculosis test or Criminal Record Check (if required).

How can companies sponsor a Skilled Worker migrant?

In order for companies to sponsor Skilled Worker migrants, they...

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In order for companies to sponsor Skilled Worker migrants, they must have a valid sponsor licence. If the company has not yet obtained a sponsor licence, they must do so, prior to employing a migrant as a Skilled Worker.

What is a Skilled Worker visa?

A Skilled Worker visa allows employers holding a sponsor licence...

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A Skilled Worker visa allows employers holding a sponsor licence who have been unable to recruit a settled worker, to employ Non-UK Nationals, which includes EEA Nationals who have not obtained residency under the EU Settlement Scheme to work for their company in the UK.

FAQ # 3

My husband and I are EU nationals and our child was born in the UK. We have obtained Settled Status in the UK but only after our child was born. Is our child eligible for British citizenship?

As your child was born in the UK, and you...

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As your child was born in the UK, and you subsequently obtained Settled Status, your child may be registered as a British citizen at any time prior to their 18th birthday.

Once the Home Office have registered your child as a British citizen, an application can be made for your child’s first British passport.

I am a French national, have lived in the UK for 5 years and have just been granted Settled Status. Am I eligible to apply for British citizenship?

Possibly, but you would need to meet all of the...

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Possibly, but you would need to meet all of the various requirements to naturalise as a British citizen. Eligibility will depend on a number of factors. The requirements will vary depending on whether you are married to a British citizen at the time of applying. 

To be eligible to naturalise as a British citizen, an applicant who is not married to a British citizen must:

  1. Have been settled in the UK for at least one year before the date of application; ;
  2. Have been living in the UK legally for five years continuously before making the application;
  3. Have been physically present in the UK on the date five years before the application is received by the Home Office;
  4. Have been absent from the UK for no more than 450 days in total during the five year qualifying period, and no more than 90 days specifically in the year immediately before the application is made;
  5. Have sufficient knowledge of the English language and life in the UK;
  6. Be of good character; and
  7. Intend to make the UK their primary home upon naturalisation.

Where the applicant is married to a British citizen, there is no requirement for the applicant to have been settled in the UK for a full year before applying. Instead, they must only be settled in the UK as at the date of application. The residence assessment is also different: they must only show that they have been lawfully and continuously resident in the UK for 3 years before the date of application (during which time they must not be absent for 270 days in total during the 3 year period, and no more than 90 days specifically in the 12 months immediately prior to the date of application). 

My son was born in Uganda. His father is a naturalised British citizen. Is it possible to obtain a British passport for my son based on his father’s British nationality?

Your son may have a claim to British citizenship and...

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Your son may have a claim to British citizenship and be able to apply for a British passport, provided he was born after his father obtained British citizenship himself.

Because your son’s father obtained British citizenship by way of naturaliation, he is considered a British  ‘otherwise than by descent’ and is therefore able to automatically pass his citizenship to his children, regardless of where the child is born.

I am a spouse of a UK citizen and I am now applying for naturalisation as a British citizen. What are the residency requirements?

You may apply for British citizenship based on three years...

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You may apply for British citizenship based on three years continuous lawful residence in the UK as a spouse of a British citizen.

You must not have been absent from the UK for more than a total of 270 days during the three-year qualifying period and no more than 90 days specifically in the last 12 months prior to submission of your naturalisation application.

My child’s father is a British national. Is my child eligible for UK citizenship?

Every person who is a British citizen has derived their...

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Every person who is a British citizen has derived their status by descent or otherwise than by descent. The difference between the two types of British citizenship is that a person who is British by descent will not usually be able to pass citizenship automatically to any child that is born outside of the UK.

To determine if your child has a claim to British citizenship, we would therefore, first need to assess whether the father acquired British citizenship by descent or otherwise. We would require further details in order to undertake such an assessment.

Can I speak to a lawyer?

Yes, you have the right to be represented. At the...

Read More

Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.


It is possible to arrange representation before arriving at court - this can be done directly yourself or through your family.


Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

Am I entitled to legal aid?

Legal aid is means tested and is only available to...

Read More

Legal aid is means tested and is only available to those with a yearly income under a certain threshold. Those who do not qualify must either pay privately or represent themselves.

We only operate on a privately funded basis.

FAQ # 4

Can I speak to a lawyer?

Yes, you have the right to be represented. At the...

Read More

Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.


It is possible to arrange representation before arriving at court - this can be done directly yourself or through your family.


Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

Am I entitled to legal aid?

Legal aid is means tested and is only available to...

Read More

Legal aid is means tested and is only available to those with a yearly income under a certain threshold. Those who do not qualify must either pay privately or represent themselves.

We only operate on a privately funded basis.

FAQ # 5

Can I speak to a lawyer?

Yes, you have the right to be represented. At the...

Read More

Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.


It is possible to arrange representation before arriving at court - this can be done directly yourself or through your family.


Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

Am I entitled to legal aid?

Legal aid is means tested and is only available to...

Read More

Legal aid is means tested and is only available to those with a yearly income under a certain threshold. Those who do not qualify must either pay privately or represent themselves.

We only operate on a privately funded basis.

FAQ # 6

What should I do if I think there might be a request for my extradition?

Contact an extradition lawyer to discuss your options. You may...

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Contact an extradition lawyer to discuss your options.

You may be worrying unnecessarily but if there is a request in existence or on its way it pays to be prepared.

It is sometimes possible to arrange to meet police voluntarily and avoid an unexpected arrest - it is also possible to put in place procedures to maximise your chances of bail.

In some circumstances you can 'compromise' the request at the source by engaging lawyers abroad. An extradition lawyer will be able to advise you regarding this.

Can I appeal?

If you lose you can appeal in the High Court...

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If you lose you can appeal in the High Court but there is a strict time limit for doing so.

If you win, the requesting country can also appeal.

From the High Court it is possible to apply for permission to appeal to the Supreme Court but only if the appeal is deemed to involve a point of law of general public importance.

How long does the Extradition process take?

For Arrest Warrant cases under Part 1 of the Extradition Act 2003,...

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For Arrest Warrant cases under Part 1 of the Extradition Act 2003, an extradition hearing is meant to commence within 21 days of your first appearance in court. In practice, this date will often be adjourned and the whole process usually takes around 2 - 3 months.

For non-EU cases under Part 2 of the Act, extradition usually takes around 6 - 9 months.

The actual extradition hearing can take anything from a matter of hours to many days depending on the complexity of the case.

What evidence do they need to extradite me?

People often think that a court needs to be sure...

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People often think that a court needs to be sure of their guilt to extradite them. This is untrue.

Under the Arrest Warrant scheme no evidence of the alleged offence is ever required.

Some non-EU countries are still required to show a prima facie case but for many countries - including the USA and Russia - this is not the case.

What is an Extradition Request?

Extradition is the process that occurs when a country requests...

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Extradition is the process that occurs when a country requests the transfer of an alleged or convicted criminal to another country to face trial or punishment.
The form that an extradition request takes varies depending on which country is requesting your extradition.

Extradition request from European Union (“EU”) country

Within the EU the European Arrest Warrant (“EAW”) is used. As part of Brexit and the UK leaving the EU, all EAWs to the UK from the EU issued before 31 December 2020 where no arrest has yet been made will now be treated as “Arrest Warrants”. Therefore going forwards if a EU country now requests your extradition from the UK this will be via an Arrest Warrant rather than a EAW. This Arrest Warrant still acts as a warrant for arrest and a request for extradition. You can be arrested on an Arrest Warrant without any further warrant from a UK court.

Extradition request from non-EU country

If a non-EU country is requesting your extradition a formal extradition request is made to the Secretary of State for the Home Department.


For non-EU countries there will be a domestic warrant for your arrest issued by Westminster Magistrates' Court.

What happens if I am the subject of an Extradition Request?

If you are the subject of an Arrest Warrant or...

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If you are the subject of an Arrest Warrant or an arrest warrant issued following a request to the Secretary of State then you are liable to immediate arrest.


On arrest you will be taken into custody and transported to Westminster Magistrates' Court in London no matter where you are in England and Wales.


Sometimes you can be arrested before any Extradition Request or Arrest Warrant has actually been received if the authorities believe that a request is imminent.

Will I be interviewed?

No, the police will not interview you in relation to...

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No, the police will not interview you in relation to the extradition. Their role is simply to take you to court as soon as possible.

Can I speak to a lawyer?

Yes, you have the right to be represented. At the...

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Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.


It is possible to arrange representation before arriving at court - this can be done directly yourself or through your family.


Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

Am I entitled to legal aid?

Legal aid is means tested and is only available to...

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Legal aid is means tested and is only available to those with a yearly income under a certain threshold. Those who do not qualify must either pay privately or represent themselves.

We only operate on a privately funded basis.

What are the defences against extradition?

An extradition lawyer will be able to advise you whether...

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An extradition lawyer will be able to advise you whether there are any technical defects to the extradition request or procedure that mean you should be discharged.

If there are no defects in the request and the offences are what are described as "extradition offences" - again an extradition lawyer will be able to advise you on this - then the court will consider whether your extradition should be barred for various reasons. These include, but are not limited to the following:
Double jeopardy - you have already dealt with the offences

Extraneous considerations - the warrant has in fact been issued to persecute you, or you would face prejudice on your return as a result of your race, religion, gender, sexuality or political beliefs
Passage of time - it would be unfair or oppressive to extradite you because of the time that has past since the offence or conviction

Forum - the offence should be prosecuted in the UK rather than the requesting country

It is also possible to defeat the request for extradition if you can demonstrate that:
You were involuntarily convicted in your absence and you are not entitled to a retrial
Your extradition would not comply with your human rights under the European Convention on Human Rights
Your physical or mental health is such that it would be unjust or oppressive to extradite you
The extradition is an abuse of process

These potential defences are often complex and require the careful use of evidence. You should speak to a lawyer who can advise you properly on your individual circumstances.

FAQ # 7

Can I speak to a lawyer?

Yes, you have the right to be represented. At the...

Read More

Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.


It is possible to arrange representation before arriving at court - this can be done directly yourself or through your family.


Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

Am I entitled to legal aid?

Legal aid is means tested and is only available to...

Read More

Legal aid is means tested and is only available to those with a yearly income under a certain threshold. Those who do not qualify must either pay privately or represent themselves.

We only operate on a privately funded basis.

FAQ # 8

Can I speak to a lawyer?

Yes, you have the right to be represented. At the...

Read More

Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.


It is possible to arrange representation before arriving at court - this can be done directly yourself or through your family.


Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

Am I entitled to legal aid?

Legal aid is means tested and is only available to...

Read More

Legal aid is means tested and is only available to those with a yearly income under a certain threshold. Those who do not qualify must either pay privately or represent themselves.

We only operate on a privately funded basis.

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