Aaraf Immigration Lawyers

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Article 8 Application.

Article 8 of the European Convention on Human Rights (ECHR), incorporated into UK law through the Human Rights Act, protects your right to family life. This includes close relationships with spouses, civil partners, long-term partners, and children under 18. The definition of family for Article 8 extends beyond immediate relatives in certain situations. While bonds of love and affection are important, strong evidence of a committed relationship similar to marriage or civil partnership (for unmarried partners) for at least two years is typically required. Home Office guidance clarifies that cohabitation isn’t the sole factor for unmarried couples. Article 8 also protects your private life. This encompasses a broad range of activities that shape your identity and development, including: Work and studies Relationships with friends and neighbors Community involvement Long-term medical treatment The courts have interpreted “private life” generously, recognizing its importance in shaping who you are. While Article 8 protects family and private life, it’s important to understand its boundaries. Simply living in the UK doesn’t qualify as private life under this legal interpretation. The definition of “family” for Article 8 purposes is narrower than you might expect. The Home Office considers only spouses, civil partners, parents/carers, and children under 18 as immediate family. Courts, however, often take a more nuanced approach, evaluating each case individually based on evidence of a strong and long-term relationship (beyond just love and affection) for unmarried partners and other relatives. Human rights application fees vary depending on several factors: Type of application: Fees differ based on the specific human rights claim you’re making. Location: Fees can be different for applications submitted inside or outside the UK. Number of dependants: Including dependants in your application might affect the fee.

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Updates to the Domestic Abuse Concession

The Home Office implemented changes to the domestic abuse concession on February 16, 2024. This concession helps those who have experienced domestic abuse by providing temporary immigration status and access to public funds.Domestic violence is a serious issue that can impact anyone in a relationship. While it can affect people of all genders, statistics show that women are disproportionately affected. Migrant women, in particular, may face additional vulnerabilities due to factors like language barriers or immigration status. The Destitution Domestic Violence Concession (DDVC) has been replaced by a broader program called the Migrant Victims of Domestic Abuse Concession (MVDAC). This is good news because under MVDAC, experiencing domestic abuse is the key factor, not financial destitution (meaning not being able to afford basic needs). Anyone who qualified for the DDVC can still apply under MVDAC, and the program now extends to a wider range of victims. This includes partners of those on work, student, or graduate visas, along with their dependents.

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Skilled Worker Supplementary Employment

Skilled Worker visa holders now have more flexibility! Under the new immigration rules, they can take on supplementary work in any occupation eligible for the Skilled Worker route, not just their sponsored role. This significantly expands the range of additional jobs they can pursue. Skilled Worker visa holders can now do additional paid work (up to 20 hours per week) alongside their main job, but it must comply with the Skilled Worker route rules and their visa conditions. Employers must conduct ‘Right to Work’ checks for all Skilled Workers doing supplementary work and maintain records as proof.

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Can I Switch From Skilled Worker Visa to Spouse Visa

If you’re currently in the UK on a Skilled Worker visa and you have valid leave to remain then you can switch to a Spouse visa. This applies if you’re married, in a civil partnership, or have a minimum 2 years relationship with a British orĀ  someone with settled status in the UK. This switch offers several benefits: Live and work freely: You’ll be able to live and work anywhere in the UK without restrictions linked to your visa. Study and travel: You’ll have the freedom to study and travel freely to and from the UK. Bring dependant children: You can include your dependant children in your application. Path to permanent residence: The initial grant is typically 30 months, extendable for another 30 months. After this, you can apply for indefinite leave to remain (ILR), which is essentially permanent residence in the UK.

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