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Today we are discussing due diligence and care in relation to Case Working with a focus on facilitation. So, what is facilitation? facilitation is assisting someone from outside of the UK to enter the UK in Breach of Immigration law. This basically, covers the instant of smuggling and can apply to immigration advisers completing an application which may breach immigration law. It is always important to assess whether an application is in compliance using due dilligence and ensuring your knowledge base is up to date. Also, importantly, ask questions.
If you are applying on a matter outside of the rules; there must be good reason for this, and reasons supported by cogent and logical evidence.
The relevant law follows:
Section 25 (assisting unlawful immigration by facilitating a breach of immigration law);
Section 25A (helping asylum-seeker to enter UK);
Section 25B (assisting entry to UK breach of deportation order)
The CPS advises the following
Section 25 prohibits facilitation of a breach of immigration law; the breach need not constitute an offence. This was confirmed in the case of Javaherifard [2005] EWCA Crim 3231, which said “47 … it would be absurd if unlawful presence did not constitute a breach of immigration law. S1(2) of the 1971 Act sets out the general principles for those who have no right of abode. They “may live in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act …”. That carries with it the necessary implication that they may only live in the UK with permission and that without that they are in breach of immigration control in living here. S3 which contains the provisions for general immigration control, prohibits non-British citizens to enter without leave.”
This post explains what to look out for when you are shopping around for immigration services.
In some cases, you may be eligible for an eVisa (digital immigration status) instead of a physical BRP. Check your visa decision letter for instructions. Access your eVisa via the 'View and Prove Your Immigration Status' online service: www.gov.uk/view-prove-immigration-status. Log in using your details (email and passport number or reference number) to view your visa information and share it with others if required. The system will not recognise the vignette, use the contact us segment of the website and request help. The UKVI will take it from there.
Understanding Employment Financial Requirements under Appendix FM
Discover the key employment financial requirements for UK immigration under Appendix FM. Learn about the minimum income thresholds, necessary documentation, and how to meet the criteria for family visa applications.
This post specifically examines issues of employment within the UK Visa - Partner Category. It is intended for providing clarity on expectations and managing this.
In the upcoming weeks we will focus on informing the public on the employment requirements for Spouses. For Training and Information for Practitioners and Students consult Sonya King (Author).
Apart from those with Right of Abode, there is another category of individuals who are not subject to the Immigration Rules rather their presence in the UK is governed by International Agreements. This includes diplomats, persons attending international conferences, members of international organisations such as the Commonwealth Secretariat and Members of International Forces under the Nation Status Forces Agreement. Under some of the international agreements controlling the presence of Exempt persons and their spouses there is automatic permission for the Spouses to work in the UK. Under others such as the Nato Forces Agreement there is no implicit right to work for the spouses as the agreement does not automatically grant work permission, they would need to check whether work is possible with their command and or should they obtain employment obtain what is known as a positive verification notice applied for by their employer. It is useful, therefore for holders of Exempt Status to apply for a vignette before entry. A vignette is a stamp affixed to a passport indicating status and conditions.
More than just immigration law, we give added value. This post welcomes you to work with us in 2025. It informs how we work and what we are willing to give. We will manage your case expertly, your expectations and work towards your future in the UK in partnership and in compliance with Governmental requirements.
The Life in the UK test is a vital step for British citizenship, but it can feel daunting for many. The test assesses knowledge of British history, traditions, and laws, with questions ranging from medieval monarchs to modern customs. Applicants often struggle because the content can seem far fetched and not easy to associate with day to day life, especially for those new to the UK. The test's multiple-choice format hence, knowledge is key , the pass mark is 75%. Many are nervous even before the study begins. That is why we are developing a program to help.
Naturalising as a British citizen is a significant milestone, offering the opportunity to fully embrace life in the UK. The process involves meeting key criteria: residing in the UK for at least 5 years (or 3 if married to a British citizen), holding Indefinite Leave to Remain, and demonstrating good character. Applicants must also prove their English language ability and pass the Life in the UK test, covering British history, culture, and values. Finally, a citizenship ceremony celebrates this new chapter. Naturalisation isn’t just legal status—it's a new chapter for many, providing freedoms, rights and responsibilities to one of the most progressive nation states in the World.