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Switching to Spouse Visa for an Overstayer: Everything You Need to Know If you are looking at switching to Spouse Visa for an overstayer, then you must read this article thoroughly. This is a complex immigration route, and it’s essential to understand how the Home Office views overstaying and the discretionary powers (Switching to Spouse Visa for an Overstayer) they may apply in certain cases. Switching from any visa to a spouse visa within the UK is typically straightforward—if you have valid leave to remain. However, for those who have overstayed, the situation is far more complicated. Overstaying places the applicant in breach of UK immigration laws, which can significantly impact their ability to regularise their status from within the UK. Understanding Overstaying and Its Legal Implications What Is an Overstayer? An overstayer is someone who remains in the UK after their visa or leave to remain has expired. From the point of expiry, the individual is considered to be in the UK without lawful status, and this can result in removal directions, bans on re-entry, or refusal of future applications. When someone in this position attempts Switching to Spouse Visa for an Overstayer, the key question is whether their application will be accepted within the UK or if they must return to their country of origin to apply for entry clearance as a spouse. Why Spouse Visa Switching Is Not Simple for Overstayers It is evident that it is not simple to switch to a spouse visa for an overstayer because the applicant is already in breach of UK immigration conditions. Despite being legally married and meeting all other requirements—such as the income threshold and English language proficiency—the breach itself becomes a major barrier. Home Office Approach: Strict Yet Discretionary Typical Home Office Response to Overstayers The Home Office often takes a firm stance when it comes to overstayers. In the majority of cases, applications made from within the UK by overstayers are refused, and applicants are instructed to leave the country and apply from abroad under entry clearance rules. This approach reinforces the importance of compliance with immigration laws and deters future breaches. However, the Home Office does possess the discretionary power to grant leave to remain in certain compelling or exceptional circumstances. When Can the Home Office Exercise Discretion? Although switching to a spouse visa while overstaying is generally not allowed, there are notable exceptions where the Home Office may consider granting leave to remain from within the UK: 1. Medical Grounds of the British or Settled Partner If the applicant’s spouse is a British citizen or settled person who is undergoing serious medical treatment and there is no one else to care for them, the Home Office may apply discretion. Humanitarian factors such as this are often given serious consideration. 2. Previous Asylum Claim and Risk of Persecution If the applicant has previously claimed asylum and has a well-founded fear of persecution in their country of origin, forcing them to return to apply from abroad could breach the UK’s international obligations under the Refugee Convention or human rights laws. 3. Length of Residence and Ties to the UK The Home Office may also take into account the length of time spent in the UK, particularly if it spans many years and the applicant has formed a private and family life. Article 8 of the European Convention on Human Rights (Right to Family and Private Life) may be invoked in such cases. Key Requirements Still Apply Even when applying under exceptional circumstances, Switching to Spouse Visa for an Overstayer still requires that the applicant: Meeting these requirements strengthens any application, especially when appealing to the Home Office’s discretion. Frequently Asked Questions About Switching to Spouse Visa for an Overstayer Can an overstayer switch to a spouse visa within the UK? Generally, no. An overstayer is expected to leave the UK and apply for entry clearance from their country of origin. However, there are exceptions where the Home Office may grant leave from within the UK under compassionate or human rights grounds. Will overstaying affect my chances of getting a spouse visa? Yes, overstaying can negatively affect your chances, as it breaches immigration rules. However, if exceptional circumstances exist, the Home Office may still grant a spouse visa within the UK. Is there a risk of deportation if I apply while overstaying? There is a risk of enforcement action if you have no lawful status. However, if you make a valid application based on your relationship and rights under Article 8, the Home Office may place enforcement on hold until a decision is made. What should I do before applying? You should seek legal advice from a qualified immigration solicitor to assess the strength of your case, gather supporting documents, and present your application in the most compelling way possible. Can I appeal a refusal? Yes, if your application is refused, especially on human rights grounds, you may have the right to appeal the decision or submit a fresh application based on new evidence or changes in circumstances. Final Thoughts Switching to Spouse Visa for an Overstayer is not a straightforward process. It carries risks and complications due to the breach of immigration rules. However, it is not entirely impossible, especially in cases involving humanitarian concerns, long-term UK residence, or strong human rights arguments. If you find yourself in this situation, it is crucial to approach the matter with full knowledge, preparation, and legal support to improve your chances of success. Switching to Spouse Visa for an Overstayer can be complex, but with the right legal support, success is possible. Choose Asher and Tomar Solicitors if you are looking for Switching to Spouse Visa for an overstayer. Our expert immigration solicitors in London have successfully handled numerous applications for switching to spouse visa for an overstayer. We always act in the best interest of our clients, offering honest, professional advice tailored to your situation. Our firm is fully regulated by the Solicitors Regulation Authority, ensuring you receive … Read more

Switch from PSW visa to Spouse Visa: Everything You Need to Know We have come across numerous applicants who wish to switch from PSW to Spouse Visa in the UK. This is a common transition for those who have completed their studies, secured a PSW visa, and are now legally married to a British citizen or settled person. In this guide, we will shed some light on how to switch from PSW Visa to Spouse Visa and outline the essential requirements you must meet. This information is designed to help you understand your options and ensure a smooth application process. Understanding the Switch from PSW visa to Spouse Visa What is a PSW Visa? A Post-Study Work (PSW) visa, officially known as the Graduate Route, allows international students to remain in the UK for two years after completing an eligible degree at a UK higher education provider. What is a Spouse Visa? A Spouse Visa allows a person to live in the UK with their British or settled spouse. It is valid for 2.5 years and can be extended, leading to Indefinite Leave to Remain (ILR) and eventually British citizenship. Who Can Switch from a PSW Visa to a Spouse Visa? If you are currently in the UK on a PSW visa and are legally married to a British citizen or someone with settled status (e.g., ILR), you may be eligible to apply for a Spouse Visa from within the UK. Requirements to Switch From PSW Visa to Spouse Visa 1. You Must Be Legally Married One of the fundamental requirements is that you must be legally married to your partner. Civil partnerships are also acceptable. The marriage must be recognized under UK law. 2. You and Your Spouse Must Intend to Live in the UK You must demonstrate a genuine intention to live together permanently in the UK. Evidence may include joint tenancy agreements, utility bills, and shared financial responsibilities. 3. English Language Requirement Since you have successfully completed your studies in the UK, you are exempt from the English language test. Your UK degree satisfies the English language proficiency requirement. 4. You Must Meet the Financial Requirement You must show that you and your partner meet the minimum income threshold, which currently stands at £29,000 per year (as of 2024). This can be met through employment, self-employment, savings, or a combination of these. If you are relying on savings alone, you’ll need to have a significant amount held for at least six months—this figure depends on your specific situation. 5. Your Marriage Must Be Genuine The Home Office will assess whether your relationship is genuine and not entered into for immigration purposes. Supporting evidence may include photographs, communication history, joint accounts, or statements from friends and family. 6. Your Marriage Must Be Subsisting A subsisting marriage means your relationship is ongoing. The Home Office looks for evidence that you continue to live together and maintain a committed partnership. Regular contact, visits, shared responsibilities, and ongoing support are indicators of a genuine and subsisting marriage. Benefits of Switching from PSW to Spouse Visa Longer Stay and a Route to Settlement Unlike the time-limited PSW visa, the Spouse Visa is renewable and can lead to Indefinite Leave to Remain (ILR) after five years. It’s also a direct route to British citizenship, providing greater stability. Work Rights and Access (Switch From PSW Visa to Spouse Visa) On a Spouse Visa, you can work full-time in any field without restrictions, unlike the PSW visa which is tied to post-study employment opportunities. Application Process for Switching Step-by-Step Guide to Apply (Switch From PSW Visa to Spouse Visa) Frequently Asked Questions: Switch From PSW Visa to Spouse Visa Can I switch from a PSW visa to a spouse visa while in the UK? Yes. You can switch from a PSW visa to a spouse visa without leaving the UK, provided you meet all the eligibility criteria. Do I need to leave the UK to apply for the Spouse Visa? No. You can apply from within the UK while on a valid PSW visa. Is there a requirement for a minimum cohabitation period? No specific period is required, but you must show that your relationship is genuine and ongoing. Evidence of cohabitation can strengthen your case. Do I need a solicitor for the (Switch From PSW Visa to Spouse Visa) application? While not required, a solicitor can help ensure your application is strong, especially if your circumstances are complex. What happens to my PSW visa if the spouse visa is refused? If your application is refused, you may remain on your current PSW visa until its expiry, unless your refusal includes a curtailment of stay. But your refusal will generate a right of appeal. Why Choose Asher & Tomar Solicitors (Switch From PSW Visa to Spouse Visa)?

Understanding Wrongful Detainment: Your Rights and Legal Remedies Wrongful detainment is a serious violation of an individual’s civil liberties. It occurs when a person is held or restrained against their will without lawful justification. Whether by law enforcement, security personnel, or private individuals, unlawful detention can lead to emotional, psychological, and financial damage for the victim. Understanding what wrongful detainment is, the laws that protect you, and how to respond if you’re a victim is crucial for safeguarding your rights. What Is Wrongful Detainment? Defining Wrongful Detainment in Legal Terms Wrongful detainment—also known as false imprisonment or unlawful detention—is the act of holding someone in custody without legal authority or valid reason. It can occur in various settings, from police encounters to private security incidents in stores or businesses. The key element that makes a detainment “wrongful” is the absence of legal justification. For example, if a person is held without a warrant, probable cause, or any evidence of a crime, it could amount to unlawful detention. Common Scenarios Leading to Wrongful Detainment In all these cases, the detainment lacks a legal basis, which makes it a potential civil rights violation. Legal Consequences of Wrongful Detainment The Impact of Being Wrongfully Detained Being wrongfully detained can be a traumatic experience. Victims often suffer from emotional distress, damage to their reputation, loss of income, and more. In some cases, physical injuries may also occur if excessive force is used. Compensation for Wrongful Detainment If you have been unlawfully detained, you may be entitled to compensation through a civil lawsuit. A successful claim could include: It’s important to gather evidence, including witness statements, surveillance footage, or any communication that supports your claim. Your Rights When Facing Detainment What to Do If You Are Being Wrongfully Detained If you believe you are being unlawfully detained, follow these steps: When to Seek Legal Help You should consult a solicitor or legal expert immediately if: Frequently Asked Questions About Wrongful Detainment Can I sue for being wrongfully detained? Yes, if you were detained without legal grounds, you may file a civil claim for false imprisonment or wrongful detainment. A solicitor can help assess the strength of your case. How long can police detain someone without charges? In the UK, police can generally detain someone for up to 24 hours without charging them. This period can be extended to 36 or 96 hours in serious cases. Any detention beyond this without charge may be unlawful. Is wrongful detainment a criminal offense? Wrongful detainment is primarily a civil offense, but in some extreme cases involving abuse of power, it could lead to criminal charges against the offending officer or individual. What kind of proof do I need for a wrongful detainment claim? You’ll need to prove that: Evidence can include videos, witness statements, police records, and communications. Can security guards be guilty of wrongful detainment? Yes, private security personnel can also be held liable if they detain someone without reasonable cause or exceed their authority. Conclusion: Standing Up Against Wrongful Detainment Wrongful detainment infringes on your basic human rights and can have lasting consequences. If you’ve been detained without justification, it’s vital to take action—know your rights, collect evidence, and seek legal advice. No one should be subjected to unlawful detention, and the law offers remedies to hold the responsible parties accountable. Contact one of the leading immigration solicitor firms in the UK, i.e., Asher & Tomar Solicitors.

Settlement Out of Court

Out of Court Settlement

Settlement out of Court

Domestic violence is a serious and deeply distressing issue that affects countless individuals and families across the United Kingdom every year (Understanding Domestic Violence and Seeking Help). It is not confined to physical harm alone; rather, it includes a broad spectrum of abusive behaviours that can leave long-lasting emotional, psychological, and financial scars. Understanding what constitutes domestic violence (Understanding Domestic Violence and Seeking Help) is the first step toward breaking the cycle of abuse and seeking the help you deserve. Before we explore the resources and steps you can take to protect yourself or a loved one, let us begin by understanding the true meaning of domestic violence within the UK context. What Is Domestic Violence in the UK? In the UK, domestic violence-more commonly referred to as domestic abuse-is defined by the government as “any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence, or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.” This definition encompasses a wide range of abusive behavior, including but not limited to Confinement and Psychological Abuse (Understanding Domestic Violence and Seeking Help): It is a common misconception that domestic violence must involve physical harm. However, being confined to a house, against your will or under subtle pressure, is also a serious form of abuse. If your partner restricts your movements, limits your interactions with the outside world, or constantly monitors your activities, these are clear signs of coercive control, a criminal offence in the UK. Likewise, mental stress and emotional degradation over time can significantly impact your mental health and well-being. Constant criticism, manipulation, gaslighting, or persistent threats contribute to an environment of fear, helplessness, and dependence—core features of emotional abuse. You Should Not Stay Silent: Speak Out, Seek Support One of the most harmful aspects of domestic abuse is the silence it imposes on its victims. Many individuals suffer in silence for fear of judgment, shame, or escalation of violence. However, it’s important to understand that staying silent only gives more power to the abuser. There is no shame in speaking out. In fact, reaching out is an act of courage and the first step toward safety and healing. Contact the Leading Family Law Solicitors – Asher & Tomar If you or someone you know is experiencing domestic abuse (Understanding Domestic Violence and Seeking Help), don’t wait to seek help. Asher & Tomar Solicitors, a trusted name in UK family law since 2008, has been providing compassionate, confidential, and expert legal support to individuals facing domestic violence (Understanding Domestic Violence and Seeking Help) for over 17 years. Our dedicated team understands the urgency and sensitivity of such situations and is here to guide you every step of the way—from protective orders to safe housing options and legal representation. Your safety and peace of mind are our top priorities. Contact Asher & Tomar Solicitors today to speak with an experienced legal professional (Understanding Domestic Violence and Seeking Help) who will listen without judgment and act in your best interest.

Divorce can be a challenging and emotional process, especially when children are involved. In the UK, a growing number of separating couples are turning to a creative child custody arrangement known as bird nesting (What Is Bird Nesting After Divorce in the UK). But what exactly does this term mean, and how does it work in practice? Understanding Bird Nesting (What is Bird Nesting After Divorce in the UK): A Child-Focused Approach Bird nesting (or “nesting”) is a co-parenting arrangement where the children remain in the family home, and the parents take turns living with them, instead of the children moving between two separate homes. The idea is based on minimizing disruption to the children’s lives, allowing them to stay in one stable, familiar environment. The term “bird nesting” comes from the way birds care for their young — the chicks stay in the nest, while the parents come and go. How Does Bird Nesting Work in the UK? In a typical bird nesting arrangement in the UK: Some parents even share a secondary property where they alternate staying when not with the children, though this requires a high level of cooperation and communication. Benefits of Bird Nesting Bird nesting is often praised for being child-centered. Key benefits include: 1. Stability for Children Children remain in their familiar surroundings — same home, school, neighborhood, and routines — which can reduce anxiety during a difficult time. 2. Reduced Transition Stress Avoiding constant packing and moving between homes can be emotionally and logistically easier for kids. Why Choose Asher & Tomar Solicitors for Bird Nesting After Divorce in the UK? At Asher & Tomar Solicitors, we understand that divorce isn’t just a legal process—it’s an emotional journey, especially when children are involved. If you’re considering a bird nesting arrangement after divorce in the UK, choosing the right legal team is crucial to protecting your rights and prioritising your child’s well-being. Bird nesting (What is Bird Nesting After Divorce in the UK), where children remain in the family home while parents rotate in and out, can offer emotional stability—but it also comes with legal and logistical complexities. That’s where our expertise comes in. With years of experience in family law (What is Bird Nesting After Divorce in the UK), child custody, and divorce settlements, Asher & Tomar is perfectly positioned to help you create a practical and legally sound bird nesting plan. Our solicitors will: We believe in amicable, child-focused solutions that reduce stress and conflict during separation. Our team offers a balance of legal strength and emotional intelligence—because we know that what’s best for your child matters most. Choose Asher & Tomar Solicitors (What is Bird Nesting After Divorce in the UK)—your trusted partner in building a stable future for your family, one step at a time. Our firm of family law solicitors in London (What is Bird Nesting After Divorce in the UK) has been serving clients since 2008, and we are regulated by the Solicitors Regulation Authority (SRA). We act in the best interest of our clients, and our aim is to achieve your goal, so should you wish, then please contact us; however, prior to that, we request you to please read our reviews (What is Bird Nesting After Divorce in the UK).

For many individuals fleeing persecution, applying for asylum in the UK offers safety and a chance to rebuild their lives. But a pressing question for most is: Can an asylum seeker get a work permit in the UK? The answer is both complex and conditional, depending on your status and the length of your asylum process. In this guide, we explore everything you need to know about work rights for asylum seekers in the UK in 2025. Who is an asylum seeker? An asylum seeker is a person who has applied for international protection (asylum) in the UK and is awaiting a decision. Unlike a refugee, whose claim has been accepted, an asylum seeker has not yet been granted leave to remain or refugee status. Can an asylum seeker get a work permit/skilled worker visa in the UK? Can Asylum seekers work legally in the UK whilst awaiting a decision? In general, Asylum seekers are not allowed to work in the UK while their application is being processed; however, there are certain exceptions, such as: What Type of Work Is Allowed? If granted permission to work, asylum seekers are only allowed to take jobs on the Shortage Occupation List—a list of roles in high demand in the UK, such as: This restriction limits employment opportunities but offers a path to lawful work for some. What Happens If Asylum Is Granted? Once an asylum seeker is granted refugee status, they receive full rights to work, study, and access public services, just like any other UK resident. They are no longer restricted to the Shortage Occupation List and can work in any legal job. Frequently Asked Questions (FAQ) about Can an Asylum Seeker Get a Work Permit? Can asylum seekers work in the UK before 12 months? No. Asylum seekers are generally prohibited from working unless their claim remains undecided for 12 months or more, and the delay is not their fault. How do asylum seekers apply for a work permit? They must write to the Home Office after 12 months of waiting, requesting permission to work. If granted, they can only work in jobs listed on the Shortage Occupation List. Can an asylum seeker start their own business? No. Asylum seekers cannot start a business or become self-employed unless they are granted refugee status or another form of leave to remain that allows such activities. Why Choose Asher & Tomar to Find Out: Can an Asylum Seeker Get a Work Permit? When it comes to understanding your rights as an asylum seeker in the UK, Asher & Tomar stands out as a trusted name in immigration and asylum law. Navigating the UK’s complex asylum system can be overwhelming, especially when it involves important questions like “Can an asylum seeker get a work permit?” That’s where our expertise makes the difference. At Asher & Tomar, our experienced immigration solicitors provide clear, accurate, and up-to-date legal advice tailored to your unique circumstances (Can an Asylum Seeker Get a Work Permit?). We don’t just explain the law—we help you understand your options, whether you’re waiting for a decision or eligible to apply for work under the Shortage Occupation List. We are known for our client-first approach, transparent communication, and a proven track record of successful outcomes (Can an Asylum Seeker Get a Work Permit?). Whether you’re early in your asylum journey or facing delays, we guide you through every legal step with care and clarity. Choose Asher & Tomar—because your future matters. Book a consultation today and let us help you find the answers you deserve. Our firm, i.e., Asher & Tomar Solicitors, is regulated by the Solicitors Regulation Authority (SRA).

Certificate of Sponsorship Meaning: Everything You Need to Know in 2025 If you’re planning to work in the UK as an international worker, you’ve probably come across the term Certificate of Sponsorship (CoS). It’s a vital part of the UK visa application process, especially for skilled workers. But what exactly does it mean? Let us shed some light on it for better understanding. What Is a Certificate of Sponsorship in the UK? Certificate of Sponsorship in the UK for Skilled Worker Visa from in-country and out-of-country applicants: A Certificate of Sponsorship (CoS) is an official electronic document issued by a UK-licensed employer (also called a sponsor) to a foreign worker they intend to hire. It contains a unique reference number and important job-related information needed to apply for a Skilled Worker visa or other sponsored work visas. It’s not a physical certificate but a digital record created in the UK Home Office’s Sponsor Management System (SMS). Types of Certificates of Sponsorship (Certificate of Sponsorship Meaning) There are two main types: 1. Defined Certificate of Sponsorship Used for workers applying from outside the UK. Employers must request it for each candidate. 2. Undefined Certificate of Sponsorship Used for people already inside the UK for switching visa categories or extending their stay. What Information Does a CoS Contain? A CoS includes: How to Get a Certificate of Sponsorship? How to Get a Certificate of Sponsorship in the UK in 2025 To get a CoS: You cannot apply for a CoS yourself—it must be provided by your employer. Contact Asher & Tomar Solicitors (Certificate of Sponsorship Meaning), one of the best immigration solicitor firms in the UK, who have been serving since 2008. Our team of expert immigration solicitors has in-depth knowledge of the immigration laws/rules and can advise you thoroughly on what a Certificate of Sponsorship Meaning is? FAQs 1. What is a Certificate of Sponsorship (CoS)? A Certificate of Sponsorship is a digital reference number issued by a licensed UK employer to confirm they are sponsoring a migrant worker for a specific job. It’s not a physical document but an electronic record used when applying for a Skilled Worker Visa or other sponsored work visas. 2. Who can issue a Certificate of Sponsorship? Only employers who hold a valid Home Office Sponsor Licence can assign a CoS. They must meet strict compliance and reporting duties to maintain their licence and continue sponsoring overseas workers. 3. What information is included in a CoS? A CoS contains key details about the job and the worker, including job title, job description, salary, working hours, and the employer’s licence number. It also includes a unique reference code that the applicant must use in their visa application. 4. How long is a Certificate of Sponsorship valid for? Once assigned, a CoS is typically valid for three months. The visa application must be submitted within this timeframe, otherwise the certificate expires and may need to be reissued. 5. What is the difference between an Assigned and Unassigned CoS? An Unassigned CoS sits in the employer’s sponsorship management system until it is allocated to a specific worker. Once allocated, it becomes an Assigned CoS and can be used by the worker to apply for their visa. Read Article>>> UK Visa Sponsorship UK Dependent Visa