Frequently asked questions

Yes. Your initial consultation is free and without obligation. You speak directly with a senior immigration lawyer who reviews your situation and sets out your options clearly.

No. Cromwell Wilkes is a private law firm and does not accept legal aid. We act for individuals, families and businesses on a private-fee basis, agreed with you up front.

We specialise in UK immigration, alongside human rights, business and employment law, and sports law. From visas and settlement to sponsor licences and complex appeals, your case is handled end to end.

Every case is led by a senior lawyer who works closely with you from the first call to the decision, rather than being passed to a call centre or a junior caseworker.

It depends on the route and the Home Office. We give you a realistic timeline at the outset, keep you updated at each stage, and flag anything that could speed up or delay a decision.

Yes. We act for clients across the UK and internationally, and can advise and represent you wherever you are based.

The UK Innovator Founder Visa allows overseas entrepreneurs to establish and run a unique, scalable, and innovative business in the UK. Replacing the Tier 1 (Entrepreneur) route and evolving from the Innovator Visa, this visa supports those with fresh ideas that offer competitive advantages or solve market gaps.

You do not need to be the sole founder. Co-founders and team members may also be eligible if each applicant has a distinct business role and a separate endorsement.

A suspension is a provisional measure, the Home Office pauses your sponsorship rights while it investigates or reviews your compliance. You cannot assign new Certificates of Sponsorship, but existing sponsored workers can continue working. Revocation is final: your licence is cancelled, all CoS are invalidated, and your sponsored workers' visas are typically curtailed to 60 days. Suspension is the stage where representations have the greatest impact, because the decision hasn't been finalised.

There is no fixed statutory period. The Home Office will review the case and make a decision, to lift the suspension, downgrade you to a B-rating, or proceed to revocation. In practice, suspensions can last from a few weeks to several months depending on the complexity of the issues raised and how quickly you submit representations. Acting fast with specialist legal support can significantly shorten this period.

Compliance officers will typically review your HR records, right-to-work documentation, Sponsorship Management System usage, and the genuineness of sponsored roles. They may interview staff and check that workers are performing the jobs described on their Certificates of Sponsorship at the stated salary. Visits can be announced or unannounced. The outcome can range from no further action to an immediate suspension of your licence.

When the Home Office downgrades your licence to a B-rating, you receive an action plan listing specific compliance failures you must fix, usually within 3 months. Common requirements include updating HR systems, conducting retrospective right-to-work checks, and filing overdue SMS reports. If you fail to satisfy the action plan within the deadline, the Home Office will revoke your licence. There is no extension, the deadline is final.

No. There is no formal right of appeal against a sponsor licence revocation. The only routes available are judicial review (challenging the lawfulness of the decision in the High Court) or submitting a fresh licence application after the cooling-off period, a minimum of 12 months, or 24 months if your licence has been revoked more than once. This is why acting at the suspension stage, before revocation, is so important.

Civil penalty amounts are set by the Home Office and are updated periodically. For current figures and detailed guidance on right-to-work checking obligations, see our UK Immigration Compliance Audits page. A civil penalty for illegal working can directly trigger a sponsor licence suspension or revocation, particularly if it remains unpaid once appeal rights are exhausted.

You are not legally required to have a solicitor present, but specialist legal support, both in preparing for the visit and responding to any concerns raised, can make a significant difference to the outcome. An immigration solicitor experienced in sponsor compliance can identify gaps in your documentation before the Home Office does, advise on how to present your records, and help you respond effectively to any issues flagged during or after the visit.

You have 14 days from the date your refusal letter was sent (or 28 days if outside the UK). You must submit your appeal within this period.

While you can appeal on your own, having an immigration lawyer greatly improves your chances. Asylum law is complex, and expert guidance is often the key to success or failure.

There is no fee to appeal to either the First Tier or Upper Tribunal.

Yes. You can include new evidence during the appeal, especially if attending an oral hearing.

You may request permission to appeal to the Upper Tribunal if the First Tier Tribunal made a legal error.

Not immediately. It forces the Home Office to reconsider its position. They may grant protection or request more evidence.

Cromwell Wilkes is widely recognised for strategic case preparation, advocacy excellence, and consistent success before the Home Office and UK tribunals. The firm provides direct access to barrister-level expertise, ensuring that every client benefits from precise, legally sound advice and confident representation throughout the immigration process.

Cromwell Wilkes advises on the full range of UK immigration categories, including: Skilled Worker Visas and Sponsor Licences; Family Visas (spouse, partner, dependent); Investor, Innovator and Start-Up Visas; Global Talent Visas for leaders in academia, arts, and sport; Student and Graduate Visas; Temporary Work and Creative Worker Visas; and Visitor and Business Visitor Visas. Each case is handled personally and strategically, ensuring compliance with Home Office requirements and maximising the likelihood of approval.

In many cases, direct representation by a barrister experienced in immigration law offers significant advantages. Cromwell Wilkes provides that level of representation directly, combining detailed case management with high-level advocacy, eliminating the need for multiple intermediaries.

Yes. Cromwell Wilkes represents clients in immigration appeals, judicial reviews, and administrative reviews. The team examines procedural and legal errors made by the Home Office, preparing detailed legal arguments to challenge refusals and protect clients' rights to remain in the UK.

A Skilled Worker Visa allows an individual to work for a UK-licensed employer. A Sponsor Licence allows a UK business to hire overseas employees legally. Cromwell Wilkes advises both employers and workers, guiding them through licence applications, compliance, and visa sponsorship procedures.

Processing times vary by visa category and nationality. The key stages usually include: 1. Eligibility assessment and strategy; 2. Document preparation and verification; 3. Online submission and biometric appointment; 4. Decision, and if necessary, appeal or review. Cromwell Wilkes manages each stage meticulously to avoid errors or unnecessary delays.

Yes. Cromwell Wilkes assists clients in securing Indefinite Leave to Remain (ILR) and British citizenship, including naturalisation and registration applications. Each submission is prepared to demonstrate continuous lawful residence, good character, and compliance with English-language and Life in the UK requirements.

Yes. Cromwell Wilkes represents individuals seeking protection under UK and international law. This includes asylum, human-rights, and refugee claims. The firm prepares detailed statements and evidence to present each case compassionately and effectively before the relevant authorities or tribunals.

Cromwell Wilkes supports businesspeople through the Innovator Founder, Global Business Mobility, and Sole Representative of an Overseas Business visa routes. We advise on business plans, investment criteria, and long-term settlement strategies, helping clients establish or expand commercial operations within the UK legally and efficiently.

London remains the centre of the UK's legal and judicial system. Choosing Cromwell Wilkes means working directly with experienced legal professionals who represent clients in person before UK tribunals and courts. Clients receive tailored legal strategy, not automated or form-based processing, ensuring each matter is treated with care, expertise, and accountability.

Yes, in many cases, you can appeal a visa refusal. The appeal process involves submitting an application to the First-tier Tribunal (Immigration and Asylum Chamber). It's important to act promptly, as there are strict deadlines for lodging appeals.

Required documents vary by visa type but generally include: a valid passport or travel document; proof of financial means to support yourself during your stay; evidence of accommodation in the UK; details of your travel itinerary; and supporting documents relevant to your visa category (e.g., employment letters, invitation letters). It's crucial to provide accurate and complete documentation to avoid delays or refusals.

Processing times vary based on the visa type and individual circumstances. For example, standard visitor visas typically take around 3 weeks, while other visas may take longer. Factors such as application completeness and the need for additional documentation can affect processing times.

While it's not mandatory to hire an immigration lawyer, doing so can significantly enhance your application's success rate. Immigration lawyers provide expert guidance, ensure all documentation is correctly prepared, and help navigate complex legal requirements, reducing the risk of errors or omissions that could lead to delays or refusals.

Sports Law governs all legal aspects of sport, including contracts, sponsorship, image rights, compliance, and dispute resolution. As sport becomes increasingly global and commercialised, legal expertise ensures that athletes, clubs, and agents remain protected, compliant, and competitive on the international stage.

Richard Roberts, Legal Director at Cromwell Wilkes, is a specialist lawyer with a Master of Laws (LLM) in International Sports Law. This rare combination lets him bridge sports regulation, contract negotiation and immigration requirements, giving athletes and organisations integrated legal representation both within and outside the UK.

Cromwell Wilkes provides advice and representation in: Player and coaching contracts; Transfer and representation agreements; Sponsorship and image-rights contracts; Governance and disciplinary proceedings; Anti-doping and compliance issues; Immigration and work permissions for athletes and staff. Each case is handled with confidentiality, precision, and industry insight.

Yes. Cromwell Wilkes represents both UK-based and international athletes across football, rugby, cricket, athletics, tennis, and e-sports. We manage contracts, endorsements, and disputes involving governing bodies such as FIFA, UEFA, The FA, and the Court of Arbitration for Sport (CAS).

Many foreign athletes require UK work visas and endorsement from relevant governing bodies before competing or coaching. Cromwell Wilkes specialises in coordinating both the sports regulatory aspects and immigration permissions, allowing athletes and clubs meet every legal obligation on time.

Sports agents often need guidance on: Representation and intermediary agreements; Fee structures and commission clauses; Regulatory compliance with FIFA, FA, and other associations; Dispute resolution and enforcement. Cromwell Wilkes drafts and reviews agreements that protect agents' rights and maintain compliance with global sports regulations.

Cromwell Wilkes advises on protecting and commercialising image rights through contract, intellectual property, and tax law. We help clients create corporate structures and licensing arrangements to safeguard income and reputation while maintaining compliance with UK tax authorities.

Yes. We act for athletes and clubs facing disciplinary hearings, doping investigations, and regulatory actions before domestic and international sports bodies. Our legal team ensures due process and works to minimise financial and reputational damage.

Yes. E-sports has developed into a major professional industry, requiring the same legal rigour as traditional sport. Cromwell Wilkes provides advice on contracts, sponsorships, streaming rights, and immigration matters for international players and event organisers entering the UK.

Cromwell Wilkes, London, United Kingdom. +44 20 3764 1907. www.cromwellwilkes.co.uk. lawyers@cromwellwilkes.co.uk.

Lasting Power of Attorney (LPA) ensures your wishes are respected, even when you cannot express them. However, drafting an LPA is more complex than it might seem. Legally Binding: An LPA is a legally binding document requiring precise drafting to be effective. Avoiding Invalidity: Errors or omissions can render an LPA invalid or ineffective, making professional drafting essential. Professional Drafting: Cromwell Wilkes recommends professional drafting of your LPA to ensure its validity and effectiveness when needed.

An LPA is a legal instrument that allows you to appoint one or more attorneys to make decisions on your behalf. Separate from Wills: Though often prepared alongside wills, an LPA is a separate document focusing on future planning. Empowering Attorneys: It empowers attorneys to manage your affairs if you cannot do so yourself.

There are two main types of LPA, each covering different aspects of your life. Health and Care LPA: Covers medical treatment and day-to-day care decisions. Financial Decisions LPA: This allows attorneys to handle your financial affairs, ensuring your bills are paid and assets are managed.

An LPA ensures that if you cannot express your wishes, your appointed attorneys can make decisions for you, avoiding the need for a deputyship order, which is a more complex and costly process. Setting up an LPA provides: Immediate Effectiveness: An LPA becomes effective as needed, allowing your attorneys to step in immediately. Certainty: knowing your affairs will be managed by someone you trust. Personal Instructions: You can include specific instructions and preferences for your attorneys.

LPAs are essential for anyone at any age, offering legal authority to manage your finances or health care decisions in case you lose the capacity to do so. Universal Need: Accidents or illnesses can affect anyone, making LPAs a crucial legal document for all. Avoiding Court Appointments: Without an LPA, the court may appoint someone you wouldn't have chosen to manage your affairs.

A UK Spouse Visa allows the spouse or partner of a British citizen or person with settled status to live and work in the UK, enabling applicants to join their partner.

Requirements include being legally married or in a civil partnership, meeting the minimum income requirement (currently £18,600 per year), having adequate UK accommodation, and proving the relationship is genuine and subsisting.

Processing typically takes 8 to 12 weeks for a decision, though longer timelines may apply if additional documentation is required.

Yes, once granted, applicants can live and work in the UK without restrictions.

A UK Spouse Visa is typically granted for 30 months (2.5 years). Applicants can then apply for an extension or Indefinite Leave to Remain.

Yes, dependent children under 18 years old can be included if they meet specific eligibility requirements.

Applicants may have options to appeal or reapply, depending on the refusal reasons. Professional advice is recommended.

Yes, applicants already in the UK on different visas may switch to a Spouse Visa without leaving, if they meet the eligibility requirements.

While not required, professional advice can ensure correct completion and increase the likelihood of success.

Typically, a UK Fiancé Visa application takes about 8 weeks to process. However, processing times can vary depending on the circumstances and the application centre.

No, you cannot work while on a Fiancé Visa. You are allowed to stay in the UK for up to 6 months, during which you must marry or enter into a civil partnership. After your marriage, you can apply for a Spouse Visa, which will grant you the right to work.

No, the Fiancé Visa cannot be extended. However, once married or in a civil partnership, you can apply for a Spouse Visa, which can be extended for up to 30 months.

Yes, you must provide evidence of your genuine relationship with your UK partner. This could include photographs, messages, letters, travel records, and testimony from friends or family members.

Once you marry or enter into a civil partnership in the UK, you can apply for a Spouse Visa, which will allow you to remain in the UK. You must submit this application before your Fiancé Visa expires.

No, the UK Fiancé Visa is specifically for the applicant and their partner. However, if you have children who are under the age of 18, they may apply for a separate Child Dependant Visa to join you in the UK.

The application fee for the UK Fiancé Visa is approximately £1,523. Additional costs may include the Immigration Health Surcharge (IHS) and biometric fee.

If your application is refused, you can challenge the decision through an appeal or reapply with the required additional documentation. It is recommended to seek advice from an immigration expert to understand the reasons for the refusal.

£29,000 per year minimum; savings above £16,000 can reduce this requirement.

Both same-sex and opposite-sex couples can apply for the UK Unmarried Partner Visa, provided they meet all eligibility requirements.

The processing time for a UK Unmarried Partner Visa is typically 8 to 12 weeks. Processing varies by individual circumstances.

Applicants may pursue an administrative review, submit a fresh application, or appeal based on human rights grounds.

The 2-year requirement is standard; those not meeting this timeline may not qualify.

Yes, applicants between the ages of 18 and 65 must meet the English language requirement, fulfillable through language testing or an English-taught degree.

No, you must apply for a UK Ancestry Visa from outside the UK. You cannot switch to this visa category from another type of visa while already in the UK.

You do not need a confirmed job offer, but you must show that you intend to work in the UK. This can include evidence such as job applications, interviews scheduled, or a business plan if you're self-employed.

Yes. The UK Ancestry Visa allows you to live, work and study in the UK for up to 5 years.

Yes. You can include your partner and any children under 18 as dependants in your visa application, provided you can financially support them without relying on public funds.

The visa is granted for 5 years. After this period, you may apply for Indefinite Leave to Remain (ILR) if you meet the eligibility criteria.

If your application is refused, you may be eligible to request an administrative review or reapply, depending on the reason for refusal.

Yes. You can apply to extend your Ancestry visa if you are not yet eligible for ILR or choose not to apply for settlement. There is no limit to the number of extensions you can apply for, provided you meet the requirements.

No, only children under 18 are eligible, unless they were granted permission as a dependent before turning 18 and are applying for an extension.

Generally, at least one parent must be lawfully in the UK. If only one parent is present, they must prove sole responsibility or exceptional circumstances.

No, children are not required to meet the English language requirement when applying as dependents.

Yes. If your application is refused, you may have a right of appeal or administrative review. Our legal team can help you challenge a refusal.

Yes. Parents can apply for their children at the same time as their own visa or later. It's often simpler to apply together, but we can advise based on your circumstances.

The UK Dependant Visa allows immediate family members of a UK visa holder to join them in the UK. This visa is available to dependants of individuals holding work, study, business, or ancestry visas, including the Skilled Worker Visa.

A dependant can be a partner (spouse, civil partner, or unmarried partner) or a child under the age of 18. Children aged 16 or over can qualify if they are financially supported and dependent on the main visa holder.

Starting from January 2024, international students are no longer able to bring dependants unless they are enrolled in a PhD or postgraduate research programme. Additionally, care workers and senior care workers will no longer be able to bring dependants from 11 March 2024.

Financial requirements vary depending on the main visa holder's category. For instance, the Skilled Worker Dependant Visa requires proof of £285 for a partner, and £315 for one child, with an additional £200 for each additional child. In cases where the main visa holder and dependant have been in the UK for 12 months or longer, the financial requirement may not apply.

The application process involves completing the online form, submitting required documents (such as proof of identity and financial evidence), paying the application fee, and attending a biometric appointment. The process may vary depending on the type of visa held by the main applicant.

Yes, individuals on a Dependant Visa can work in the UK without needing a separate work permit. They can change jobs and employers without the need to obtain permission from the Home Office.

Yes, after living in the UK for 5 continuous years on a Dependant Visa, you may be eligible to apply for Indefinite Leave to Remain (ILR), provided you meet other necessary requirements.

The documents required can vary, but generally include: passport or travel document; proof of relationship to the main visa holder (e.g. marriage certificate, birth certificate); evidence of financial support (bank statements, payslips); proof of cohabitation (for partners); and other supporting documents as requested by UKVI.

Typically, you can expect a decision within 8 weeks of applying, although this may vary based on your individual circumstances and the complexity of your application.

Only immediate family members: parent, grandparent, brother, sister, son, or daughter aged 18 or over.

No. Extended family members like cousins, nieces, or nephews are not eligible for the ADR visa.

Not necessarily, it can be for any qualifying adult relative who needs long-term care due to illness or disability.

Yes. Your UK sponsor must prove they have sufficient funds and a suitable home for you to live in.

The ADR visa is issued on the basis that the applicant cannot live independently, so employment is unlikely to be permitted.

You may have the right to appeal or request a review. Our team can advise on the best course of action.

Non-EEA nationals who are the close family members of an EEA or Swiss citizen with Settled or Pre-Settled Status, and whose relationship began before 31 December 2020, may apply. This includes spouses, civil partners, children, and dependent parents or grandparents.

No. Applications for an EU Settlement Scheme Family Permit must be made from outside the UK.

Family members who arrive after 1 April 2021 must apply to the EU Settlement Scheme within 3 months of arrival, or before their permit expires. Late applications must show reasonable grounds for missing the deadline.

Permits issued after 1 April 2021 are generally valid for 4 months. You'll need to apply to the EU Settlement Scheme to remain in the UK after this period.

Yes. As long as your EU Settlement Scheme Family Permit is valid, you are permitted to work, study, and access public services in the UK.

Each family member must apply separately. Eligibility depends on your relationship to the EEA citizen and when that relationship began.

No, this visa allows work, self-employment, and freelance activity without sponsorship.

Yes, your partner and children can join you as dependants.

Awards like the Nobel Prize, BAFTA, Grammy, and Pritzker Prize qualify for the fast-track route.

It varies by endorsing body, but generally 4 to 8 weeks.

Yes, many applicants switch from other visa types, including Tier 2 or Skilled Worker visas.

No, you can apply without a job offer or employer sponsorship.

Yes, before your visa expires, you can apply to switch to a different category, such as the Skilled Worker or Global Talent visa.

Yes, dependants are allowed if they meet eligibility and financial requirements.

Not directly, but it offers a strong starting point for switching to an ILR-eligible visa.

Around 3 weeks for most applicants.

EU, EEA, or Swiss nationals working in the UK while living elsewhere before 31 December 2020.

No, the permit is for the individual only. Dependants must apply under the UK's points-based system.

No, this route does not count toward settlement due to the non-residency requirement.

Yes, there is no fee to apply for a Frontier Worker Permit, and no immigration health surcharge is required.

You may still qualify under retained worker status if your break is for a permitted reason.

Use the standard visitor route if you're entering the UK for tourism or short stays not related to work.

Yes, after the initial 6-month sponsored employment period, you can freely switch employers without sponsorship.

Usually around 3 weeks after submission.

You can apply to extend your visa for a further 3 years.

Yes, you can become self-employed after your initial 6 months.

Yes, you must meet salary requirements when applying for extensions.

Not necessarily, but it is often advisable. Raising a grievance gives your employer an opportunity to address the issue or discuss a settlement.

Constructive dismissal claims are subject to strict time limits. The applicable deadline will depend upon the type of claim you pursue and the circumstances of your case. Acas Early Conciliation may impact the time available. It is important to obtain advice on your specific time limits as soon as possible to avoid risk.

Whether a minimum period of service applies depends upon the particular claim being pursued. Whilst some claims require a minimum period of service, others do not. Constructive dismissal should not be confused with an ordinary unfair dismissal claim. For ordinary unfair dismissal, the qualifying period is generally two years for dismissals before 1 January 2027. From 1 January 2027, it will generally be six months.

In some cases, resigning promptly may be important to preserve your legal position. In others, working notice may be appropriate. The right approach will depend on the circumstances, so it is sensible to obtain legal advice before deciding what to do.

You may still have a claim. Employment Tribunals can consider a range of evidence - including witness accounts and your own evidence. However, it is helpful to keep copies of any relevant emails, messages, notes and other records where possible.

Constructive dismissal occurs when an employee resigns in response to their employer's fundamental breach of contract. Unfair dismissal concerns whether a dismissal was legally fair. Wrongful dismissal concerns whether the employer has breached the employment contract - usually in relation to notice or other contractual rights.

Yes - wrongful dismissal is a breach of contract claim and there is no minimum qualifying period of service.

Potentially - an employer can dismiss without notice where the employee committed conduct serious enough to justify summary dismissal. However, in a wrongful dismissal claim, the employer must prove the misconduct occurred and was sufficiently serious to justify dismissal without notice.

This may be possible. Wrongful dismissal and unfair dismissal are separate legal claims and can be pursued together following the same dismissal in appropriate circumstances. Legal advice should be taken as this is a case specific point.

A PILON is a payment made where employment ends immediately and the employee does not work some or all of their notice period. If the employer correctly exercises a contractual right to make a PILON and complies with its terms, termination without requiring the employee to work their notice will generally not be wrongful.

Garden leave is where an employee remains employed and continues to receive salary and contractual benefits during their notice period, however they are not required to attend work or perform their usual duties.

'Wrongful termination' is a term more commonly used in the US. In England and Wales, the appropriate term is known as 'wrongful dismissal'.

Compensation will usually reflect net pay, benefits and other contractual entitlements you would have received during the relevant notice period.

An employer does not have to provide a single written contract, but employees and workers are entitled to written employment particulars. In practice, most employers do provide a detailed written employment contract.

Usually not because most contractual changes do require agreement, although some flexibility clauses may permit limited changes in specific circumstances. You should take legal advice on your specific circumstances where necessary.

Employers are advised to review their contracts in preparation for upcoming rules - in particular by reviewing issues such as probation arrangements, dismissal procedures and zero-hours appointments.

A contract can still become legally binding if the terms are accepted verbally or through conduct and employment continues on that basis.

They can be, but only where they protect a legitimate business interest and go no further than is reasonably necessary.

The cost depends on the complexity of the contract and the advice required.

A settlement agreement is voluntary. If you and your employer cannot agree on terms, then the agreement will not proceed. In that situation, your employment may continue, your employer may follow the applicable workplace process or you may be able to bring a claim in the employment tribunal.

Employers commonly contribute towards the employee's legal fees, although the amount offered varies.

Up to £30,000 of certain qualifying termination payments may be free of income tax - but salary, holiday pay, bonuses and notice related payments are generally taxable.

A reference may be possible if agreed with the employer. If a reference is important, it is sensible to agree the wording in advance and include it within the settlement agreement.

This depends upon the confidentiality provisions and any permitted disclosures. However, a settlement agreement cannot prevent certain disclosures, such as a protected whistleblowing disclosure.

It is possible to try to do so and the scope for negotiation will depend upon factors such as your contractual rights, potential claims, likely financial losses and the employer's position if settlement is not reached.

Yes. After a continuous qualifying period on the route, most Skilled Workers can apply for indefinite leave to remain, subject to meeting the requirements at the time.

In most cases your partner and children under 18 can apply as your dependants and live, work or study in the UK.

Yes. You need a confirmed job offer from a UK employer that holds a valid sponsor licence before you can apply.

In most cases, no. Many hospitality roles were removed in July 2025.

Generally 41,700, or the higher occupation-specific going rate (minimum amount may vary for New entrants and shortage occupation applicants - consultation is advisable for full confirmation)

No. Transitional arrangements may protect some existing workers, but policy can tighten again.

Often yes. Holding a licence preserves flexibility while routes remain open.

Yes. Compliance visits can be unannounced.