Terms and Conditions
We provide the information on the Site for general guidance only of our services and we may provide legal information in which you must not rely upon without legal advice on your specific circumstances which we will be pleased to provide.
We will do our best to answer accurately queries e-mailed to us by you but in our sole discretion, reserve the right not to answer such queries. Such queries and answers do not form a contractual relationship between us and Liberty Immigration Services accepts no contractual responsibility for our responses
- Changes to service
2.1. We reserve the right to improve, amend or suspend the service provided on the Site at any time without notice to you.
- Amendments to terms and conditions
We reserve the right to change these terms and conditions at any time with immediate effect by placing the amended terms and conditions on the site.
Information contained on the website may contain inaccuracies or typographical mistakes.
5.1. We cannot guarantee any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
- Intellectual property and Copyright
6.1. We own or license the copyright in all the material that appears on the Site.
6.2. You may download, store and use the material on the Site for your own personal use and research. You also may copy the content to an individual third party for their personal use provided that you acknowledge the source of the material as being this website and you inform the third party that they are bound by Liberty Immigration Services terms and conditions.
6.3. “Liberty Immigration Services” and symbol are registered trademarks in the UK
- Internet Security
7.1. The Internet is not a secure medium and we provide no guarantees as to the reliability or security of the Site or that it will be continuously available, error or virus-free.
We will retain on our database details you provide about yourself. These details may be used to send you information about Liberty Immigration services and updates on the law and other information. Liberty Immigration Services protect your personnel data by storing it in area of our network which is protected by a firewall. The purpose of this is to ensure that there is no unauthorised access or improper use of your data. Liberty Immigration Services does not pass on any of your data to third parties for any purpose.
- Exclusion of Liability
In no circumstances will Liberty Immigration Services be liable to you for any direct, indirect, consequential, special or other damage how so ever resulting from the use of this website or any other website connecting to the website by means of a hypertext link or otherwise. This shall be the case whether such damage is caused by transmission from this website (or a connected website you’re your computer system, or viruses, worms, Trojan horses or other destructive items, corrupted data or data incompatible with your computer system or third parties, interception of or access to data of whatever nature.
As a firm of Immigration Advisors we are regulated and authorised by the Office of Immigration Services Commissioner in the conduct of our business. You can access the professional rules of the OISC through their website athttps://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner. Liberty Immigration Services is authorised and regulated by OISC. Regulation Number F201100334. Registered address Suite 6, 9 Upper King Street, Leicester LE1 6XF.
We are not registered in the UK for VAT purposes
- Governing Law
These terms and conditions are governed by and in accordance with the laws of England. Any dispute will be under the exclusive jurisdiction of the English courts.
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EEA 2 RESIDENCE CARD
If a citizen of the European Economic Area (EEA) or Switzerland is living in the UK in accordance with the Immigration (European Economic Area) Regulations 2006, their family members who are not EEA or Swiss citizens also have the right to live in the UK.
If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a 'vignette'), or it may be a separate document called an 'immigration status document'. A residence card is normally valid for 5 years from the date when it is issued.
The applicant must submit a valid passport for the application for residence card to be approved. Also, the EEA national must be exercising treaty rights in the UK and evidence of the same must be submitted with the application. According to EEA Regulations 2006, the Home Office is legally bound to consider and decide an application for residence card within 6 months from the date of receipt of the application. Any delay or negligence in part of the Home Office in not deciding the application within six months can be challenged by way of Judicial Review in High Court.
Further/Indefinite Leave to Remain
An Indefinite Leave to Remain (ILR) grants to a resident the right to “stay” or remain indefinitely in the UK. Rather like an unlimited visa or permit, this means that the holder is entitled to stay for an unlimited amount of time, even without applying for British Citizenship. An ILR does not grant rights of citizenship such as voting or a UK passport, but it does allow the holder to obtain employment and enjoy unrestricted time in the United Kingdom.
There are several ways to receive Indefinite Leave to Remain, and the qualifications vary slightly based on the situation of the holder. Children may receive an ILR immediately when entering the country to join parents or relatives, while for other cases, the required time to apply may range from one year to five. Couples, spouses, and civil partners may apply for an ILR on basis of relationship within two years; workers may apply on basis of employment after five years. Once awarded, an ILR may still be revoked, usually upon an absence exceeding two years.
Once the time limit has been met, applicants will be required to take basic tests evaluating knowledge of both UK lifestyle and the English language. This can be validated by taking the new “Life in the UK” test, created two years ago, or by completing an accredited course in English as a second language. Once Indefinite Leave to Remain is obtained, the applicant is free to work as a citizen and essentially live without the restrictions of immigration.
If you have settled status (i.e. have Indefinite Leave to Remain - ILR or, in the case of European (EU) nationals, permanent residence) in the UK then you can stay here without any time limit, whatever your nationality. You do not have to become a British Citizen. However, this is something many people who have made the UK their permanent home do wish to consider.
Other people may wish to know whether they are, or can become, a British Citizen because of their family or personal history.
There are three main ways to become a citizen, be born one, be registered as one, and be naturalized as one.
Registration is the only way in which children can become British (may also be used for adults in special circumstances). It is necessary for those over ten years old to be of good character, but it is not necessary to demonstrate knowledge of the language or of life in the UK.
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 to naturalise as British Citizens. It is necessary to demonstrate that you are aged 18 or over and are not of unsound mind, you meet either the three or five years residence rule, sufficient knowledge of the language, and of life in the UK, and to be good character. Taking a test or undertaking a course of study can do this. Naturalisation takes place at a public ceremony.
Concession outside the rules
Today, people from all around the world immigrate to the UK for a variety of reasons. They may come for educational purposes, on business, to visit family, or simply in the capacity of a tourist. The period of their stay depends on the visa they have acquired and their eligibility for an extension. The UK immigration rules and procedures are clearly structured according to immigration and citizenship laws in the country and contain no loopholes. However, UK immigration regulations are not so rigid that they are unable to provide concessions outside the rules based on human rights grounds.
Applicants whose immigration requests have been rejected may appeal for a revaluation, if they feel they have been unfairly assessed and on the basis of their human rights.
For instance, a person may be able to get family members to join them in the UK under Article 8 of the European Convention on Human Rights, which protects the right to private and family life. For example, children may be granted permission to join their parents in the UK, or a spouse can join their partner and so on. They would be given ILE (Indefinite Leave to Enter) under this law. However, this only applies to those who possess ILR (Indefinite Leave to Remain).
UK immigration rules also provide a concession for people to remain in the country when their removal would become a breach of their human rights according to the European Convention on Human Rights.