Frequently Asked Questions
Common questions about the visa changes and our strategy.
Legal Challenge
We are challenging potential government proposals that would retrospectively increase the time required to settle in the UK (Indefinite Leave to Remain) from 5 years to 8, 10, or even 15 years. We believe this violates the 'legitimate expectation' created when we entered the country on 5-year route visas.
The Pre-Action Protocol (PAP) is a formal legal step. If the Home Office ignores our letter or rejects our arguments without valid legal grounds, we proceed to file a claim for Judicial Review (JR) in the High Court. Our legal team at Kingsley Napley is fully prepared for this escalation.
Legal challenges follow a strict process. The Pre-Action stage usually requires the government to respond within 14-28 days. If we move to a full Judicial Review, the process can take 6-12 months. We will provide updates at every stage via our newsletter and this website.
Impact & Eligibility
Yes, potentially. While our current focus is the Skilled Worker route, the legal principle of 'legitimate expectation' applies to all settlement routes. If the government establishes a precedent of retrospectively changing rules for one group, it endangers all other routes. A victory here protects the integrity of the entire system.
This is a critical part of our challenge. If the main applicant's route is extended, dependents are also affected. This can lead to increased IHS fees, visa renewal costs, and issues with children 'aging out' of dependent status. We are fighting for the rights of the entire family unit.
Health and Care workers are on a variation of the Skilled Worker visa. Any changes to the settlement rules (ILR timeline) for Skilled Workers typically apply to Health and Care workers unless a specific exemption is announced. We are advocating for universal protection against retrospective changes.
Donations & Governance
Yes. All fundraising is conducted through CrowdJustice. Funds are transferred directly to the client account of Kingsley Napley. They are never held by the Alliance's personal bank accounts. CrowdJustice is the leading platform for legal crowdfunding in the UK.
CrowdJustice holds funds until the target is met. If the initial target is not met, you are not charged. Once funds are transferred to the lawyers and work has commenced (as it has now for Phase 1), funds are used for legal fees and cannot be refunded individually. Unused funds at the very end of the case are handled according to CrowdJustice's surplus policy (often donated to the Access to Justice Foundation).
General
Kingsley Napley is an internationally recognized law firm based in London, ranked Tier 1 for Public Law and Immigration. They have successfully coordinated major policy challenges against the Government. We have instructed them because they combine immigration expertise with deep experience in public law litigation.
We do have community-led WhatsApp groups for discussion, but please be aware that misinformation can spread easily on social media. For official updates, legal documents, and confirmed news, please always refer to this website or our official email newsletters.
The government has indicated a desire to reduce 'net migration' and ensure settlement is a 'privilege not a right'. However, we argue that sustainable immigration policy cannot be built on breaking promises to those who have already contributed to the economy for years.
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