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Sending a legal notice in Bangladesh is a formal way to initiate a legal process and can be an important step in resolving a dispute.
At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant “on notice” of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice.
In a civil case, personal jurisdiction over a defendant is obtained by service of a summons. Service can be accomplished by personal delivery of the summons or subpoena to the individual or the individual’s authorized agent. Service may also be made by substituted means; for instance, in many jurisdictions, a summons may be served on a person of suitable age and discretion at the defendant’s residence or place of business. Typically, jurisdiction over corporations can be obtained from a government entity authorized to accept such process.
Here is a guide on how to send a legal notice in Bangladesh:
Determine the appropriate recipient:
The first step in sending a legal notice is to determine the appropriate recipient. This could be an individual or a company, depending on the nature of the dispute. Be sure to include their full name and contact information. If you are unsure who the appropriate recipient is, you may need to do some research or seek the guidance of a lawyer.
Identify the cause of action:
In the legal notice, you will need to clearly identify the cause of action, or the legal basis for your claim. This could be breach of contract, defamation, or another legal issue. It’s important to be specific and to provide details about how the other party has violated your rights.
Set out the facts of the case:
In the legal notice, you should set out the facts of the case in a clear and concise manner. This should include a timeline of events and any relevant documentation or evidence. Be sure to include dates, names, and other specific details to support your case.
Demand a resolution:
In the legal notice, you should demand a resolution to the dispute. This could involve asking for compensation, a change in behavior, or some other form of remedy. Be specific in your demands and provide a timeline for action to be taken.
Choose an appropriate mode of delivery:
There are several options for delivering a legal notice in Bangladesh. You can send it by registered post, deliver it in person, or send it through a process server. Choose the option that is most appropriate for your situation. For example, if the recipient is likely to ignore or refuse delivery of the notice, using a process server may be a more effective option.
Keep a copy of the legal notice:
It’s important to keep a copy of the legal notice, as you may need to refer to it in the future. This could include keeping a copy of the notice itself, as well as any receipts or other documentation related to its delivery.
Consider hiring a lawyer:
Depending on the complexity of your case, you may want to consider hiring a lawyer to assist with the process of sending a legal notice. A lawyer can help you draft the notice, ensure that it is properly served, and advise you on your legal options. They can also represent you in court if the dispute is not resolved through the legal notice process.
Follow up:
The follow-up step is important because it allows you to ensure that the legal notice has been received and that the recipient is taking steps to resolve the dispute. If the recipient does not respond or does not take appropriate action, you may need to consider your next steps, which could include filing a lawsuit or seeking the assistance of a mediator or arbitrator.
FAQs about sending a legal notice in Bangladesh:
here is a table with 15 frequently asked questions (FAQs) about sending a legal notice in Bangladesh:
FAQ
Answer
Who can send a legal notice in Bangladesh?
Any individual or company with a legal claim or complaint can send a legal notice in Bangladesh.
Who is the recipient of a legal notice in Bangladesh?
The recipient of a legal notice in Bangladesh is the person or company against whom the legal claim is being made.
What is the purpose of a legal notice in Bangladesh?
A legal notice in Bangladesh should include the name and contact information of the recipient, the cause of action, the facts of the case, and the demands for resolution. You may want to consider seeking the assistance of a lawyer to draft the notice.
How do I deliver a legal notice in Bangladesh?
A legal notice in Bangladesh can be delivered by registered post, in person, or through a process server. Choose the option that is most appropriate for your situation.
What should I do if the recipient does not respond to the legal notice in Bangladesh?
If the recipient does not respond to the legal notice in Bangladesh or does not take appropriate action to resolve the dispute, you may need to consider your next steps. This could include filing a lawsuit or seeking the assistance of a mediator or arbitrator.
Is it necessary to hire a lawyer to send a legal notice in Bangladesh?
It is not necessarily necessary to hire a lawyer to send a legal notice in Bangladesh, but it may be advisable depending on the complexity of your case. A lawyer can help you draft the notice, ensure that it is properly served, and advise you on your legal options.
Can I send a legal notice in Bangladesh through email?
It is possible to send a legal notice in Bangladesh through email, but it is generally not recommended as it may not be considered a formal or legally binding method of delivery. Registered post or personal delivery is generally considered a more reliable option.
How long do I have to send a legal notice in Bangladesh after a dispute arises?
There is no set time limit for sending a legal notice in Bangladesh after a dispute arises, but it is generally advisable to act promptly in order to protect your rights.
Can I send a legal notice in Bangladesh if the dispute is with a government agency?
Yes, you can send a legal notice in Bangladesh if the dispute is with a government agency. However, the process may be slightly different and you may need to follow specific procedures for dealing with government entities.
Can a legal notice in Bangladesh be sent anonymously?
It is generally not possible to send a legal notice in Bangladesh anonymously. The notice must be sent by an individual or company with a legal claim or complaint, and the recipient has the right to know who is making the claim.
Can a legal notice in Bangladesh be withdrawn once it has been sent?
It is generally not possible to withdraw a legal notice in Bangladesh once it has been sent. Once the notice has been delivered, the legal process has been initiated and it is up to the recipient to take appropriate action to resolve the dispute.
Is a legal notice in Bangladesh the same as a lawsuit?
A legal notice in Bangladesh is not the same as a lawsuit. It is a formal way to initiate a legal process and to demand a resolution to a dispute, but it does not necessarily lead to a lawsuit.
Summary of sending a legal notice in Bangladesh with tips
Step
Description
Tips
1
Determine the appropriate recipient
Be sure to include their full name and contact information
2
Identify the cause of action
Be specific and provide details about how the other party has violated your rights
3
Set out the facts of the case
Include dates, names, and other specific details to support your case
4
Demand a resolution
Be specific in your demands and provide a timeline for action to be taken
5
Choose an appropriate mode of delivery
Consider using a process server if the recipient is likely to ignore or refuse delivery of the notice
6
Keep a copy of the legal notice
This includes keeping a copy of the notice itself, as well as any receipts or other documentation related to its delivery
7
Consider hiring a lawyer
A lawyer can help you draft the notice, ensure that it is properly served, and advise you on your legal options
8
Follow up if necessary
If the recipient does not respond or does not take appropriate action, you may need to consider your next steps, such as filing a lawsuit or seeking the assistance of a mediator or arbitrator
Reply to a legal notice in Bangladesh:
Here are the steps to respond to a legal notice in Bangladesh in more detail:
Read the notice carefully:
Take the time to carefully read and understand the legal notice you have received. Pay attention to the specific allegations or requests made in the notice, as well as any deadlines or instructions for responding.
Seek legal advice:
It is highly recommended that you seek legal advice from a lawyer in Bangladesh to help you understand your rights and obligations in relation to the legal notice. A lawyer can also help you to determine your position on the legal issue and to prepare a written response to the notice.
Determine your position:
After seeking legal advice, consider your position on the legal issue raised in the notice. Determine whether you agree with the allegations made against you and whether you are willing to comply with any requests made in the notice. If you do not agree with the allegations or requests, consider what arguments or evidence you can present to support your position.
Prepare your response:
Based on your position, prepare a written response to the legal notice. This response should outline your position on the legal issue and any relevant facts or arguments in support of your position. Be sure to address all of the issues raised in the notice.
File your response with the appropriate court or tribunal:
If the legal notice was issued by a court or tribunal, you will need to file your response with that court or tribunal. This typically involves submitting a written response, along with any supporting documents or evidence, to the court or tribunal. If the legal notice was issued by a private party, you will need to serve your response on the party that issued the notice. This can typically be done by delivering a copy of your response to the party or by sending it by registered mail.
Follow any additional instructions or deadlines:
Make sure you follow any additional instructions or deadlines set out in the legal notice, such as appearing in court or providing additional information. If you fail to follow these instructions or meet these deadlines, you may face additional legal consequences.
I hope this helps! Again, please note that this is general advice and may not apply to your specific situation. It is always best to seek legal advice from a qualified lawyer in Bangladesh.
Legal notices are extremely efficient at resolving disputes between two or more parties. Consult a lawyer or another expert who is well-versed in legal jargon for assistance. If you believe you can write on your own, you should first learn how to draft a legal notice and then have an expert perform the final proofreading.
It will assist you in eliminating all superfluous statements from your legal notice. Ensure that you send the legal information as your initial warning to resolve the conflicts. In addition, include a specific timeline. If you continue to receive no positive response from the other party, the case must be brought to court for a final decision. It could be extremely time-consuming and expensive.
Therefore, the first step in resolving the case is to send an effective legal notice. Ensure you are on the right path by conducting a thorough examination of the format and other requirements outlined in this article.
Legal Advice regarding sending legal notices by Tahmidur Rahman Remura:
Barristers, Advocates, and lawyers at Tahmidur Rahman Remura Wahid in Gulshan, Dhaka, Bangladesh, have a lot of experience helping clients through the whole process of legal provisions and consequences of sending legal notices by any Domestic and International Companies or individuals in Bangladesh. If you have any questions or need legal help, please send us an inquiry over email or phone.
Email at: info@trfirm.com Call us on: +8801847220062, +8801779127165 Address: House 410, Road 29, Mohakhali DOHS Phone: +8801779127165 or 01847220062
Bangladesh is home to a thriving legal profession, with many talented and dedicated lawyers working to serve the needs of clients across the country. In this article, we will take a closer look at some of the top lawyers in Bangladesh, highlighting their skills, experience, and accomplishments in the field which makes them as the contender for being the best lawyers in Bangladesh.
There are several qualities that can make a lawyer a top lawyer in their respective field in Bangladesh. These include:
Strong analytical and problem-solving skills: Top lawyers are able to analyze complex legal issues and come up with creative solutions.
Excellent communication and negotiation skills: A top lawyer must be able to effectively communicate and persuade others, including clients, judges, and opposing counsel.
Attention to detail: A top lawyer must have a keen eye for detail and be able to spot important issues that might otherwise be overlooked.
Strong research skills: A top lawyer must be able to effectively research legal issues and find relevant case law and statutes.
Ethical conduct: A top lawyer must always act with integrity and adhere to the highest ethical standards.
Adaptability: A top lawyer must be able to adapt to new situations and environments, as well as be open to learning and improving their skills.
Professionalism: A top lawyer must be professional in their demeanor and conduct, both in and out of the courtroom.
Perseverance: A top lawyer must be able to handle setbacks and challenges and continue to work hard to achieve their goals.
Corporate law is an important and complex area of the law that deals with the legal aspects of businesses, including the formation, operation, and dissolution of companies. In Bangladesh, there are many talented and experienced corporate lawyers who are dedicated to helping clients navigate the legal landscape and achieve their business goals.
Barrister Remura Mahbub
One of the best corporate lawyers in Bangladesh is Barrister Remura Mahbub , who has excelled over the last couple of years in the corporate legal sector in Bangladesh. Barrister Remura, who is also known as Barrister Remura Mahbub , is revered for her expertise in commercial and corporate law, and has successfully represented clients in a wide range of legal matters, including contract disputes, intellectual property cases, and mergers and acquisitions. Remura Mahbub is highly respected in the legal community for her professionalism, integrity, and dedication to his clients.
Remura Mahbub handles commercial (including mergers and acquisitions), banking, and company law problems. Remura Wahid advises clients in the areas of gas and oil exploration, power production and telecommunications, foreign investment, joint ventures, and other contractual and business concerns. Remura Wahid is actively engaged in banking law and corporate finance activity, including the creation of documentation for a variety of syndicated loans.
Remura Wahid has become one of the best lawyers in Bangladesh by performing a significant amount of advising work for corporate customers in the areas of contract negotiation and review, international trade, banking laws, corporate compliance, joint venture agreements, corporate finance arrangements, company formation, securitization, and taxation.
Barrister Tahmidur Rahman
Another top corporate lawyer in Bangladesh is Barrister Tahmidur Rahman, who has a reputation for providing exceptional legal representation to businesses of all sizes. Barrister Tahmidur has a deep understanding of corporate law and has successfully assisted clients in a variety of legal matters, including corporate restructuring, joint ventures, and corporate governance. Tahmidur Rahman is known for his ability to provide practical and effective legal solutions that help businesses succeed.
Tahmidur Rahman being one of the best lawyers in Bangladesh, has been involved in numerous local and cross-border transactions and has worked on numerous national and international private and government projects in close collaboration with various reputable foreign law firms.
Barrister Tahmidur has diverse knowledge in handling diverse legal issues relating to banking, insurance, real estate, company, society, labor, and NGO matters, as well as specialized knowledge in cross-border transactions, M&A, structured finance, foreign finance or investments, securitisation, factoring, implementation of various ventures, equity investments including the issuance of various classes of shares, factoring, Islamic banking, dealing in bonds, i.e. Tier-I, Tie
Advocate Syed Wahid
Advocate Syed Wahid is another highly respected corporate lawyer in Bangladesh, with a strong track record of success in the field. Wahid has a wealth of experience representing clients in complex business transactions and has helped numerous companies navigate the legal landscape and achieve their business objectives. Golam is known for his attention to detail, strategic thinking, and ability to find creative solutions to legal challenges.
Advocate Shahdeen Malik
One of the best lawyers in Bangladesh is Advocate Shahdeen Malik, who has over 30 years of experience in the legal profession. Shahdeen is known for his expertise in commercial and corporate law, and has successfully represented clients in a wide range of legal matters, including contract disputes, intellectual property cases, and mergers and acquisitions. Shahdeen is highly respected in the legal community for his professionalism, integrity, and dedication to his clients.
Advocate Mydul Haque Khan
Mydul Haque Khan is a Barrister from Lincoln’s Inn in the United Kingdom and a prominent lawyer in Bangladesh’s corporate and banking arena with over 15 years of experience. Khan is a founding partner of the renowned corporate law firm Lex Juris, where he is also the senior partner and head of the chamber.
Khan has extensive knowledge of various banking, corporate, and commercial matters, including dispute resolution, and is currently working as a panel, company secretary, and retained lawyer for various scheduled and international banks, financial institutions, NGOs, insurance companies, conglomerates, merchant banks, venture capitals, and government offices.
Advocate Rasheda K.Chowdhury
Advocate Rasheda K. Chowdhury is another highly respected lawyer in Bangladesh and one of the best lawyers in Bangladesh, with a strong track record of success in the field of human rights law. Rasheda has a long history of advocating for the rights of marginalized communities and has been involved in numerous high-profile cases, including cases related to gender-based violence, child rights, and police abuse. Rasheda is widely recognized as a powerful voice for justice and equality in Bangladesh.
Khan Khalid Adnan
He is the managing partner and head of the chamber of Khan Saifur Rahman & Associates (KSRA). Adnan is also the vice principal of Newcastle Law Academy (West), a recognised teaching centre of the University of London.
He has been engaged with banks and financial institutions and autonomous government bodies as their legal adviser, panel lawyer and counsel. He has also successfully worked extensively in domestic and international commercial arbitration and mediation. He is a regular contributor in several dailies and law journals.
Imtiaz Uddin Asif
Asif has advised corporate clients on contract negotiation and review, international trade, banking regulations, corporate compliance, joint venture agreements, corporate finance arrangements, establishing companies, securitisation, and taxation. Asif has extensive litigation and arbitration experience, as well as a substantial legal practice in the Supreme Court of Bangladesh’s High Court Division.
Shamsud Doulah
Shamsud Doulah is a well-known corporate and commercial litigation lawyer in Bangladesh. Numerous local and international businesses are among his clients. His strong reputation in litigation and corporate matters has earned him the respect of multinational corporations and cross-border law firms. He has extensive experience negotiating large-scale construction contracts and public-sector contracts. Doulah is widely regarded as the region’s best IP lawyers or one of the best IP lawyers in Bangladesh.
Barrister Saqeb Mahbub
He began his career at Huq and Company, a leading name in dispute resolution, before joining Mahbub & Company in 2013. He has been a catalyst for transformation at the firm, particularly in the corporate and commercial practice. Saqeb Mahbub is in charge of nearly all of the firm’s high-stakes commercial arbitration matters, as well as its corporate and M&A work. He has helped the firm make significant inroads into the foreign investment and technology M&A markets.
These are just a few examples of the many talented and dedicated lawyers in Bangladesh, and there are many others who are making a positive impact in the legal profession. Whether you are seeking legal representation for a personal matter or for your business, it is important to choose a lawyer who has the experience and expertise to provide the best possible representation.
Here is a table featuring the names and locations of ten law firms in Bangladesh:
Firm Name
Location
Tahmidur Rahman Remura Wahid Associates
Dhaka & Chittagong
Rahman Associates
Dhaka
FM Associates
Dhaka
Arastu & Company
Chittagong
B.M. Mustafa & Company
Dhaka
Chowdhury & Company
Dhaka
D.M. & Company
Dhaka
Farooq Hossain & Associates
Dhaka
Hasan & Company
Dhaka
J.B. Rahman & Associates
Dhaka
Please note that this is a general list and is not intended to be exhaustive or to endorse any particular firm. It is advisable to research and evaluate the qualifications and experience of any law firm you are considering hiring to ensure that they are the best fit for your needs.
Here are ten frequently asked questions about law firms in Bangladesh:
What is a law firm?
A law firm is a business entity formed by one or more lawyers to practice law together. Law firms can vary in size, from small solo practices to large multi-national firms.
How are law firms structured in Bangladesh?
In Bangladesh, law firms can be structured as partnerships, in which the partners share profits and responsibilities, or as sole proprietorships, in which the lawyer owns and operates the firm alone.
Law firms in Bangladesh offer a wide range of legal services to clients, including advice and representation in matters such as criminal defense, civil litigation, corporate law, and family law.
How do I choose a law firm in Bangladesh?
When choosing a law firm in Bangladesh, it is important to consider factors such as the firm’s reputation, experience, and areas of practice. You should also consider whether the firm’s lawyers are members of the local bar association or any other professional organizations.
Some law firms in Bangladesh may offer free initial consultations to potential clients, while others may charge a fee for this service. It is advisable to ask about fees and payment policies before scheduling a consultation.
Can I choose a law firm based on location?
Yes, you can choose a law firm based on location if it is convenient for you to visit the firm in person. However, keep in mind that many law firms in Bangladesh offer virtual consultations and may be able to represent clients remotely if necessary.
How do law firms in Bangladesh charge for their services?
Law firms in Bangladesh typically charge for their services on an hourly basis or through a flat fee structure. Some firms may also offer contingency fee arrangements, in which the lawyer is paid a percentage of any settlement or award obtained for the client.
Can I switch law firms if I am not satisfied with the representation I am receiving?
Yes, you have the right to switch law firms if you are not satisfied with the representation you are receiving. However, you should carefully consider the consequences of changing firms, including any potential impact on your case and the cost of switching firms.
Yes, law firms in Bangladesh can represent clients in other countries, depending on the specific laws and regulations in those countries and the firm’s areas of practice. It is advisable to discuss your legal needs with the firm to determine if they are able to assist you.
How can I find a law firm in Bangladesh that specializes in a particular area of law?
You can find a law firm in Bangladesh that specializes in a particular area of law by searching online directories or contacting the local bar association or legal professional organization. You can also ask for recommendations from other professionals or friends who have experience with law firms in Bangladesh.
Additionally You can find the other lawyers in Bangladesh from respective wiki pages:
The Bank guarantee process in Bangladesh or performance guarantees are very popular and important in the era of mega development projects taking place in Bangladesh. As a result, this article will provide a comprehensive guideline on the concept of bank guarantee as well as the legal rules governing bank guarantees in Bangladesh.
A “contract of guarantee” is a contract to perform a third person’s promise or discharge his liability in the event of his default. The person who gives the guarantee is called the “surety”: the person in respect of whose default the guarantee is given is called the “principal debtor”, and the person to whom the guarantee is given is called the “creditor”. Similarly, when a bank provides any security, that security is referred to as the bank guarantee.
A bank guarantee means that the bank will ensure that the third party’s liabilities are met. In other words, for Bank Guarantee Process in Bangladesh, if the third party fails to meet its obligations, the bank will make up the difference. In summary, a bank guarantee can be defined as described above; however, the meaning of a bank guarantee is much broader than this.
In Bangladesh, the term “bank guarantee” has been defined in a large number of case laws. Nonetheless, in the most recent case, ABB India Limited vs. Power Grid Company of Bangladesh Limited and others of 2020, clear guidelines on bank guarantee issues were provided. As a result, our article will be based on the interpretations of this case, as well as references to other recent bank guarantee cases.
In regards to Bank Guarantee Process in Bangladesh, the term “bank guarantee” has been defined in a large number of case laws. Nonetheless, in the most recent case, ABB India Limited vs. Power Grid Company of Bangladesh Limited and others of 2020, clear guidelines on bank guarantee issues were provided. As a result, our article will be based on the interpretations of this case, as well as references to other recent bank guarantee cases.
How is a Bank Guarantee Created as per Bank Guarantee Process in Bangladesh?
The steps for creating a bank guarantee are summarised below.
(i) The applicant requests that the bank serve as a guarantee for their performance
(ii). The bank then enters into an agreement with the beneficiary at the applicant’s request.
(iii) In the deed of bank guarantee, the bank guarantees to pay the beneficiary a fixed amount specified in the deed of bank guarantee on demand if the applicant fails to perform as per the contract.
Bank Guarantees Explained
A bank guarantee is a promise made by a lending institution to cover a loss if a borrower defaults on a loan. The guarantee allows a company to purchase items that it would not be able to afford otherwise, promoting business growth and entrepreneurship.
Bank guarantees come in various forms, including direct and indirect guarantees. In foreign or domestic business, banks typically use direct guarantees issued directly to the beneficiary. Direct guarantees are used when the bank’s security does not rely on the main obligation’s existence, validity, and enforceability.
Individuals frequently choose direct guarantees for international and cross-border transactions because they are less formal and can be more easily adapted to foreign legal systems and practices.
Indirect guarantees are most common in the export business, particularly when government agencies or public entities are the beneficiaries. Many countries refuse to accept foreign banks and guarantors due to legal concerns or other formalities. With an indirect guarantee, a second bank, typically a foreign bank with a branch in the beneficiary’s country of residence, is used.
Bank Guarantee Examples:
In regards to Bank Guarantee Process in Bangladesh, There are numerous types of bank guarantees due to their general nature:
A payment guarantee ensures that the purchase price is paid on time.
An advance payment guarantee serves as collateral for reimbursing the buyer’s advance payment if the seller fails to supply the specified goods per the contract.
A credit security bond serves as collateral for loan repayment.
A rental guarantee is used to secure rental agreement payments.
A confirmed payment order is an irrevocable obligation in which the bank pays the beneficiary a predetermined amount on the client’s behalf on a specific date.
A performance bond serves as collateral for the buyer’s costs if services or goods are not provided in accordance with the contract.
A warranty bond acts as collateral to ensure that ordered goods are delivered on time.
Company A, for example, is a new restaurant that wants to spend $3 million on kitchen equipment. Before shipping the equipment to Company A, the equipment vendor requires a bank guarantee to cover payments. Company A asks the lending institution that manages its cash accounts for a guarantee. In essence, the bank cosigns the purchase contract with the vendor.
A bank guarantee program is also available from the World Bank. The World Bank’s project-based loan guarantees protect commercial lenders from payment defaults or failures by governments to meet performance obligations.
Bank Guarantee Types
There are two types of bank guarantees that are commonly used in business:
Financial Security
In most cases, for Bank Guarantee Process in Bangladesh these guarantees are issued in lieu of security deposits. Some contracts may require the buyer to make a financial commitment, such as a security deposit. Instead of depositing the money, the buyer can provide the seller with a financial bank guarantee, which will compensate the seller in the event of a loss.
Performance Warranty
These guarantees are given in exchange for the performance of a contract or obligation. The bank will make good the beneficiary’s loss if there is a default in the performance, non-performance, or short performance of a contract.
For example, A signs a contract with B to complete a specific project, and the contract is backed up by a bank guarantee. If A fails to complete the project on time and does not compensate B for the loss, B may seek compensation from the bank using the bank guarantee.
Considerations before entering into a Bank Guarantee Agreement
When a beneficiary enters into a bank guarantee agreement, it is critical that the following factors are properly considered, particularly when foreign entities obtain bank guarantees from banks outside their home country. The following are the key points to consider:
(i) Bank guarantee agreement terms and conditions
(ii) Terms and conditions relating to the extension of a bank guarantee, such as the process for extending the guarantee period, the number of times it can be extended, and so on (
iv) What documentation is required for a bank guarantee?
(v) The time required for the encashment of a bank guarantee.
(vi). If the bank guarantee agreement contains an arbitration clause. This clause aids in the resolution of any dispute in a timely manner.
(vii). It is also critical to investigate the authenticity and dependability of the bank that will act as the beneficiary’s guarantor.
Bank Guarantee Regulations
According to Bangladeshi case law and Bank Guarantee Process in Bangladesh, the most important thing to remember about bank guarantees is that they are an independent deed of the contract between the bank and the beneficiary, even if the bank enters into the contract at the request of a third party (applicant).
The following are a few key points to remember regarding bank guarantees from the recent case ABB India Limited vs. Power Grid Company of Bangladesh Limited and others of 2020:
(i) A bank guarantee is a legally binding agreement between the bank and the beneficiary.
(iii) The bank guarantee agreement is independent and distinct from the beneficiary-applicant agreement (iv). A bank guarantee is an irrevocable undertaking given by a bank to pay an amount in favor of its beneficiary as and when the beneficiary makes a demand on the underlying contract, without regard to any dispute between the applicant and the beneficiary.
(v) Whenever the beneficiary makes a demand to encash the bank guarantee, the bank is obligated to pay the money immediately.
(vi) A guarantor’s undertaking to pay under the guarantee is not subject to any claims or defenses based on any relationship or contract between the third party and the beneficiary.
(vii). As a result, there is no way to prevent its encashment by the bank, let alone a third party. Because the third-party/applicant is not a party to the bank guarantee agreement, this is the case.
(viii) Bank guarantee encashment cannot be barred on the basis of financial loss or business reputation because financial claims can always be resolved in arbitration.
(ix) In a number of cases, the court has extended the bank guarantee period even after it had expired while the court proceedings were in progress. In the case of Loyal Shipping (Pvt.) Ltd. vs. M.V. Anangel Wisdom and others, the court ordered an extension of the bank guarantee even though the request for an extension of the validity of the bank guarantee or for a new bank guarantee was made after the expiry of the previous bank guarantee.
Exceptions to the Bank Guarantee Law
The bank can only stop the encashment of a bank guarantee if a dispute is raised. Only the bank has the authority to file a valid and genuine dispute regarding the encashment of a bank guarantee if-
I the wrong person invokes the bank guarantee’s encashment; or (ii). Any other discrepancy in the bank guarantee is discovered by the bank.
Exception to Bank Guarantee Approved by the Court
In general, no injunction can be granted to prevent the encashment of a bank guarantee. According to ABB India Ltd vs Power Grid Company of Bangladesh Ltd and others (2020), the court has the authority to halt the encashment of a bank guarantee only when-
(i) Clearly fraudulent preparation of the bank guarantee (Himadri Chemicals Industries Limited vs Coal Tar Refining Company (2007) 8 SCC 110). and
(ii) If successful, the encashment will cause irreparable harm that cannot be reimbursed or recovered (U.P. Coop, Federation Ltd vs Singh Consultants and Engineers (P) Ltd (1988) 1 SCC 174).
Our country’s courts will grant injunctions over any civil dispute, such as a bank guarantee, if the applicant can show that there is an arguable case for the applicant and the loss cannot be recovered or reimbursed. Read the reference to the bank guarantee.
Difference between BG & Letter of Credit (LOC)
LOC is a financial document that requires the bank to pay the beneficiary upon completion of certain services as specified by the applicant. LOCs are issued by banks when a buyer requests that his bank pay the seller upon receipt of certain goods or services.
That is, if the buyer encounters cash flow issues or other similar situations and is unable to make an immediate payment to the seller, he will approach his bank and request that payment be made to the seller upon submission of certain documents. It is important to note that a bank guarantee is not the same as a letter of credit, although with both instruments the issuing bank accepts a customer’s liability if the customer defaults.
The bank will later recover the amount paid from the buyer, as well as the applicable charges. In contrast, under BG, the bank is only required to pay the third-party if the applicant fails to pay the third-party or fails to fulfill the contract’s required obligations.
A BG is essentially used to protect a seller from loss or damage caused by the other party’s failure to perform under a contract. LOC is frequently confused with BG because they share some characteristics. When the parties to the transactions do not have established business relationships, they both play an important role in trade financing. However, there are numerous distinctions between LOC and BG.
The following are the primary distinctions between a Letter of Credit (LOC) and a Bank Guarantee (BG):
Major differences between Letter of Credit (LOC) and Bank Guarantee (BG) are as follows:
Particulars
Letter of Credit (LOC)
Bank Guarantee (BG) in Bank Guarantee Process in Bangladesh
Nature
LOC is an obligation accepted by a bank to make payment to a beneficiary if certain services are performed.
BG is an assurance given by the bank to the beneficiary to make the specified payment in case of default by the applicant.
Primary liability
Bank retains the primary liability to make the payment and later collects the same from the customer.
The bank assumes to make the payment only when the customer defaults to make payment.
Payment
Bank makes the payment to the beneficiary as and when it is due. It need not wait for a default to be made by the customer.
Only when the customer defaults the payment to the beneficiary, the bank makes the payment.
Way of working
LOC ensures that the amount will be paid as long as the services are performed as per the agreed terms.
BG assures to compensate for the loss if the applicant does not satisfy the specified conditions.
Number of parties involved
There are multiple parties involved here – LOC Issuing bank, its customer, the beneficiary (third party), and advising bank.
There are only three parties involved – banker, its customer, and the beneficiary (third party).
Suitability
Generally, this is more appropriate during the import and export of goods and services.
Suits any business or personal transactions.
Risk
Bank assumes more risk than the customer.
Customer assumes the primary risk.
Hire the best law firm in Bangladesh to get help in regards to provisions relating to Bank Guarantee in Bangladesh:
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Email at: info@trfirm.com Call us on: +8801847220062 or +8801779127165 Address: House 410, Road 29, Mohakhali DOHS
The Child Student Visa is for children who are not from the UK or Ireland and want to study in the UK.
For applicants to be chosen, they must:
Have a firm offer to take a course from a private school that qualifies
Show that they have enough money to pay for the course and take care of themselves while they are taking it.
Have their parent or legal guardian’s written permission to study in the UK.
The Tier 4 (Child) Student Visa no longer exists. The Child Student Visa has taken its place.
You can apply for the visa outside of the UK six months before the start of your course, and you will likely hear back in three weeks.
If you live in the UK and want to apply, you can do so three months before the course starts, and you should hear back in about eight weeks.
Those with a Child Student Visa who are under 16 years old can stay in the UK for the length of their course plus four months, which can be up to six years.
Visa holders who are 16 or 17 years old can stay for the course length (up to three years) plus four months after the course ends.
If you are eligible, you may be able to extend the visa so that you can keep studying in the UK.
Who can apply for the UK Child Student Visa?
Children aged between 4 and 17 years old can apply for the Child Student Visa. There are strict eligibility requirements involved in this immigration category to obtain entry clearance.
Applicants must ensure that the following applies to their situation:
Must be a genuine student with a confirmed place at an independent fee-paying school
Application is submitted within the required timeframe
Confirmation of Acceptance for Studies (CAS) has been issued
Parental or guardian written consent has been confirmed
No record of overstaying a visa or breaching immigration rules
Adequate finances to pay fees and maintain themselves throughout the duration of the course
English language skills to the required level
Evidence of required qualifications
Evidence that the child will return to their home country when their course is finished
There are several requirements related to the types of eligible courses, and only specified educational institutes may be issue a Certificate of Sponsorship to the visa applicant.
What is the points requirement?
In order to be eligible to come to the UK as a Child Student, the child must obtain the following points:
Points type
Requirements
Number of points
Study (all criteria must be met)
– Confirmation of Acceptance for Studies – Eligible course – Eligible independent school – Aged between 4 and 17 years old – Parental consent confirmed
50
Financial
– Met financial requirements
20
Financial requirements
Child students must be able to demonstrate on their application that they have enough funds to be supported throughout their course.
The child student is not allowed to work until the age of 16, and then they may only work under certain conditions.
According to the Home Office (UK government department in charge of immigration), this includes the requirements below (where the child has been in the UK for less than 12 months at the time of application):
Living arrangements
Required funds
Residential independent school boarding
Enough funds to pay the course fees and boarding fee for one academic year
Living with a private foster carer or close relative who is a British citizen or has settled status
Enough funds to pay the fees for one academic year
-The carer or relative must have funds of at least £570 per month of the course (max. nine months)
Living with the child’s parent of legal guardian
Sufficient funds to pay the course fees for one academic year
-If there are no other children to be cared by the parent, £1,560 per month must be available for max. nine monthsIf there are other children being cared for by the parent in the UK, £625 per month must be available for each child
Aged 16 or 17 and living independently
Sufficient funds to pay the school fees for one year
-£1,334 for each month of the course up to a max nine months (if studying in London)
– £1,023 for each month to a max. nine months where studying outside London
If the child student is using a student loan of government grant/ scholarship, they are required to have held the funds requirement for a period of 28 days.
How to apply for the UK Child Student Visa
To get the best chance of getting your Child Student Visa, you should carefully prepare before you send in your application.
If you aren’t sure how to apply, you should talk to an experienced immigration lawyer who can help you.
Follow the steps below to get a Child Student Visa:
Apply to the most appropriate educational institute based on your situation
Receive an unconditional offer from the school
Submit a request for your Confirmation of Acceptance for Studies number
Identify your nearest visa application centre
Book a TB test (where relevant) and identify the coronavirus public health requirements (e.g., PCR tests, quarantining, etc.)
Ensure that you have the relevant supporting documents
Fill out the application form
Pay the application fee and immigration health surcharge (where relevant) to the Home Office
Book your biometrics appointment at your visa application centre (where relevant)
Attend your visa interview (where relevant)
Submit your information to get your biometric residence permit (where relevant)
Wait for a decision to be issued on your visa application
To maximise your chance of a successful application, you should ensure:
Ensure that you meet the eligibility requirements
Gather your supporting information in plenty of time
Ensure that your documents are presented in the appropriate format
Complete each section of your application fully and truthfully
Follow the advice of your sponsoring institution
Parent of a Child Student Visa
If your child holds or is applying for a Child Student Visa, you may be eligible to apply for the Parent of a Child Student Visa.
To be eligible, the following must apply to your case:
Your child is aged between four and eleven years old
Your child is attending an independent school in the UK
You are the only parent of your child accompanying them in the UK
You continue to maintain your primary residence in your country of residence
You have concrete plans to leave the UK when your visa expires
You can stay in the UK until your child’s visa runs out or until they turn 12 years old, whichever comes first (whichever happens first). If you meet the requirements, you might be able to get the visa extended.
If your child stays in the UK to study after this age, you must make sure that plans are in place to take care of them.
You can’t work, study, start a business, get benefits, or bring another family member to the UK while you’re there.
You are also not allowed to live in the UK as your main home.
What documents do you need to apply?
To apply for the Child Student Visa, you will be required to submit some of the following documents to the Home Office.
Valid passport or travel document
Confirmation of Acceptance for Studies (CAS)
Health certifications (where relevant)
Evidence of financial maintenance and proof of payment of course fees (e.g., bank statements or other financial evidence)
Confirmation of consent from parent or guardian
Proof of payment of tuition fees, accommodation costs, etc.
Certified translations of documents in a language other than English or Welsh
There may be additional documents required depending on your circumstances. You will be required to demonstrate your eligibility for the visa with a comprehensive set of documents.
Can you extend the visa?
The Child Student Visa is given out based on how long the child will be in school and how old they are.
If the 16- or 17-year-old child is taking a course that lasts longer than the maximum of three years, they will have to apply again before the end of their stay.
Students from outside the UK who are at least 18 years old and want to continue their studies in the UK must apply through the Student Visa route.
Most of the time, the time you spend in the UK on a Student Visa or Child Student Visa does not count toward Indefinite Leave to Remain (ILR).
FAQ on Child Student visa in UK from Bangladesh:
What is the Child Student Visa?
The Tier 4 Student (Child) Visa has been replaced by the Tier 4 Student (Child) Visa. The Tier 4 Student (Child) Visa was for international students between the ages of 4 and 17 who were not British or Irish citizens.
The visa lets children who qualify come to the UK to study for a certain amount of time. Visa holders can only study at private schools that charge a fee.
There are a number of requirements to meet in order to be eligible, such as having enough money to pay for school fees and living costs for the whole term.
About 25,000 international children from other countries study in the UK. For day students, the cost of an independent school is just over £15,000 per year, and for boarders, the cost is around £36,000 per year.
Can a child with a Visitor Visa go to school?
With a Visitor Visa, people can come to the UK for a short time to do certain things. The Short-term Study Visa is one type of Visit Visa.
This lets people take up to 11 months of short-term courses, which are usually English language classes. These courses can’t count toward a degree.
Most of the time, a child student from outside the UK who wants to study in the UK will need to apply for a Child Student Visa and apply to an independent fee-paying school.
Can my child study in the UK?
The applicant must show that they have been accepted onto a course at an independent, fee-paying school. They must also have written consent from their parent or legal guardian.
This visa will need to be applied for from the child’s country of residence.
Proof of sufficient funds, which cover the child’s study period in the UK must be provided. In addition, identification documents and a lengthy application form must also be submitted.
Which schools can I send my child to?
With this type of visa, a child can go to any independent school in the UK. But the visa holder can’t go to an academy, a school run by the local government, or a state-funded school.
Our experts know a lot about the rules and regulations that the Home Office follows when giving out Child Study Visas. They will be able to tell you what you and your child can do with this visa.
How long can a child with a Child Study Visa stay in the UK?
Most of the time, the child can stay in the UK for the whole length of their course.
Then, after their course is over, they can stay for another four months. After that, they will have to leave the UK unless they have asked to stay longer or changed to a different type of immigration.
If your child is going to school for less than six months, you will need to apply for a Child Visitor Visa.
So overview:
Overview
You can apply for a Child Student visa if you’re between 4 and 17 years old and you want to study at an independent school in the UK.
have the consent of your parent or guardian to study in the UK – you’ll need to prove this when you apply
If you’re 18 or over, apply for a Student visa instead.
This visa has replaced the Tier 4 (Child) student visa.
Points requirement
The Child student visa is part of the UK points-based system for immigration, hence applicants will only be considered if they score all of the following points:
Requirements
Points awarded
A Confirmation of Acceptance for Studies
10
Eligible course
10
Eligible independent school
10
Aged between 4 and 17
10
Parental consent
10
Meet the financial requirements
20
How can Tahmidur Rahman Remura Wahid help?
Tahmidur Rahman Remura Wahid specialises in all aspects of Child Student visas and Parent of a Child Student visa applications. If you engage our services, we can:
Check if your child is eligible for a Child Student visa and provide further guidance
Handle Child Student Visa application process from the outset to completion
Handle visa refusal of a Child Student Visa application
Advise on gaining ILR the UK for your child
For assistance with your child’s Child Student Visa application, please speak to our immigration lawyers for a free telephone consultation on 01847220062 or 01779127165 or by email at info@trfirm.com
The best immigration lawyer in Bangladesh works for Tahmidur Rahman Remura. We have long-term experience helping our local and expatriate clients get work permits, permanent residences, and visas all over the world. When processing visas for clients, the immigration law firm in Bangladesh looks for a number of things.
Indefinite Leave to Remain (ILR) commonly known as ‘Settlement’ allows you to settle in the UK on a permanent basis and work in the UK without restrictions.
You can apply for Indefinite Leave to Remain (ILR) in the UK once you have lived in the UK for a certain number of years as required by the Immigration Rules.
If you need legal assistance with your Indefinite Leave to Remain (ILR) / Settlement application, please feel free to contact us to get immigration advice and legal assistance with your ILR application.
What are the different routes to ILR?
Below is a list of the few common routes to Indefinite Leave to Remain (ILR):
ILR After 10 Years Long Residence
ILR as a Spouse (5 Year Route)
ILR as a Skilled Worker (5 Year Route)
Need Legal Advice & Assistance?
We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish.
ILR After 10 Years of Living Abroad
Tahmidur Rahman Remura can help you get the Long Residence (ILR) visa for 10 years. You may be eligible for the 10 Years Long Residence (ILR) visa if you have lived in the UK for ten years without leaving. We can help you figure out if you are eligible for the 10 Years Long Residence (ILR) visa and help you fill out the necessary forms and documents.
Fees and how long it takes
The fee depends on what you’re applying for.
What you’re applying for
Fee
Indefinite leave to remain
£2,404
Extend your stay
£1,048
You’ll also need to have your biometric information (fingerprints and a photo) taken – there’s no fee for this.
You’ll usually get a decision within 6 months if you apply using the standard service.
Eligibility requirements
Applicants must meet the following rules to be eligible:
They must be allowed to stay in the UK (can fall under one or more immigration categories)
They must have lived in the United Kingdom for at least 10 years (Continuous Residence)
Must have stuck to the rules on their UK visa.
Applicants between the ages of 18 and 65 must be able to speak English and pass the Life in the UK Test.
Applicants who don’t meet the English language requirements and the Life in the UK Test have to wait ten years before they can apply again. This ten-year period starts from the time they entered the country with a visa or were given permission to stay.
Because of the referendum, neither the status nor the rights of European Union citizens living in the United Kingdom nor those of British citizens living in the European Union changed.
There is a different way to apply for indefinite leave to remain if you have a visa that’s on the basis of your private life (because of the time you’ve spent in the UK).
If you’re not eligible for indefinite leave to remain, you may be able to extend your stay for another 2 years (known as ‘leave to remain’). You need to have already been in the UK legally for 10 years without gaps (known as your ‘continuous residence’).
Continuous residence
Continuous residence is how long a person has lived in the UK without leaving or coming back. During the Continuous Residence period, applicants can leave the country for up to 180 days at a time, or 540 days in total. The time spent in prison, a secure hospital, a young offender’s institution, the Isle of Man, the Republic of Ireland, or the Channel Islands is not counted.
Required documents
The following documents must be submitted by applicants:
Valid passport and travel identification card
If they have one, their biometric residence permit
Every passport they had while they were in the country was taken away.
If they have one, a copy of their police registration card.
Two color photos the size of a passport
Requesting to live in the UK
People who want to move to the UK need to show the following documents:
The same documents as above Biometric information, such as fingerprints and a picture (they will have to visit a Post Office that accepts Biometric Information)
Within six months of applying for a 10 Years Long Residence (ILR) visa, applicants will know how their application is going. Some applications may take longer if they need to verify supporting documents, if they need to come in for an interview, or if they have a criminal record or have been convicted of a crime.
Visa extension
To get a visa extension, applicants must give the following information:
The same documents as above Biometric information, which includes fingerprints and a picture (they will have to go to a Post Office that accepts Biometric Information). They can apply for the 10 Years Long Residence (ILR) if they meet all of the established eligibility requirements. They don’t have to wait until their visa runs out before they can apply for 10 Years Long Residence (ILR).
Relatives
Relatives of people who want to live or visit the UK will need to apply for a visa on their own. They can only apply if they depend on the person who is applying. A dependent includes:
Partner
Children under 18
The relatives can’t be listed as dependents on the application.
Relatives who do not qualify
If the applicant’s application to stay in the country is approved, the applicant’s partner can apply to live in the UK as the partner of a settled person if they don’t meet the requirements to apply on their own. They can have any child under the age of 18. Children over 18 who don’t have the right to apply to live in the UK on their own may have to leave the country.
ILR as a Spouse (5 Year Route)
As a spouse or partner in the UK, you can apply for Indefinite Leave to Remain (ILR) by filling out the SET (M) application form online after you have lived there for at least 5 years with a spouse visa (5 years route).
The application will be looked at based on the requirements of the Immigration Rules, which are listed in Appendix FM.
As the spouse of a British citizen, you will be able to apply for British citizenship as soon as you get your ILR. You won’t have to wait a year after getting your ILR.
We know how to handle all kinds of ILR applications. We will do everything that needs to be done on the application until we hear back from the Home Office UKVI.
Requirements for ILR as a spouse (5-year route)
The most fundamental requirements for ILR application as a Spouse are as mentioned below:
Financial Requirement
Continuous Residence
Suitability Requirement
English Language Requirement
Life in the UK Test Requirement
What we do
Tahmidur Rahman Remura Wahid visa team handles all aspects of Indefinite Leave to Remain (ILR) applications, including:
Checking your eligibility for an Indefinite Leave to Remain (ILR)
Preparing and submitting Indefinite Leave to Remain (ILR) applications
Overcoming any problems with Indefinite Leave to Remain (ILR) eligibility
Overcoming the refusal of Indefinite Leave to Remain (ILR)
Please contact our UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information so that we can advise you on the chances of success in your application in particular if you have any exceptional circumstances or any adverse personal or immigration history.
ILR as a Skilled Worker (5 Year Route)
To apply for Indefinite Leave to Remain (ILR) as a Skilled Worker, the applicant must show that he worked for the employer who sponsored his stay in the UK for the whole time he had a work permit or Tier 2 General.
The person applying for ILR should also get a letter from the employer who paid for him to stay in the UK. This letter should say that the person has been working for the employer and that the person is still needed for the job for which he was paid to stay in the UK.
We know how to handle all kinds of ILR applications, and if you ask us to, we’ll do all the work on the application until the Home Office UKVI makes a decision.
Please contact our UK immigration experts so they can fully assess your eligibility for ILR by looking at all the relevant information. This way, we can tell you how likely it is that your application will be approved, especially if you have special circumstances or a bad personal or immigration history.
ILR requirements & eligibility
There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain.
The most fundamental requirements are:
Continuous Residence
English Language Requirement
Life in the UK Test
Suitability Requirement
Continuous residence requirement
Continuous lawful residence in the UK is the main requirement of Indefinite Leave to Remain (ILR) applications. Continuous residence means the time you’ve spent in the UK without gaps.
ILR applicants are required not to be absent from the UK for more than 180 days in any 12 months during the ILR qualifying period. Such restriction of 180 days does not apply to ILR applications as family members of British Citizens and settled persons.
What we do
Tahmidur Rahman Remura’ ILR visa team handles all aspects of Indefinite Leave to Remain (ILR) applications, including:
Checking your eligibility for an Indefinite Leave to Remain (ILR)
Preparing and submitting Indefinite Leave to Remain (ILR) applications
Overcoming any problems with Indefinite Leave to Remain (ILR) eligibility
Overcoming the refusal of Indefinite Leave to Remain (ILR)
Please contact our UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information so that we can advise you on the chances of success in your application in particular if you have any exceptional circumstances or any adverse personal or immigration history.
Spouse or civil partner of a British Citizen or person settled in the UK visa
After 5 years
Unmarried partner
After 5 years
EEA Family Permit
After 5 years
UK Ancestry visa
After 5 years
Tier 1 (Investor) visa
After 2, 3 or 5 years depending on level of investment
Tier 1 (Entrepreneur)
After 3 or 5 years depending on the business activity
Tier 1 (Exceptional Talent) visa
After 3 years
Tier 2, T2, International Sportsperson or Skilled Worker visa
After 5 years
Scale Up visa
After 5 years
Innovator visa
After 3 years
Global Talent visa
After 3 or 5 years, depending on your visa and endorsement type
PBS visa dependants
After 5 years
Representative of overseas business visa
After 5 years
Turkish Worker of Businessperson visa
After 5 years
Retired Person visa
After 5 years
Discretionary Leave to Remain
After 6 years
Long residence
After 10 years continuous legal residency in the UK
Returning resident
If settled in the UK prior to departure and returning to the UK within 3 years of departure, they may be able to apply immediately on return
Turkish worker or businessperson
After 5 years
ILR for dependants
You can also file for ILR on behalf of your husband, partner, and children if they depend on you.
Dependents can include:
Partner means a spouse, civil partner, or any other romantic partner (partners must either be in a civil partnership or marriage or, if not, have been living together for at least 2 years) Children under the age of 18 Children over the age of 18 who depend financially on the main visa holder
Also, they have to meet the requirements for the Life in the UK test, the English language requirement, if it applies, and the continuous residency requirement.
Some ways to get ILR involve meeting a certain amount of money. For the Skilled Worker five-year route, you and your partner must usually have a combined income of at least £18,600 per year. If you have children who aren’t British or Irish, don’t have pre-settled status, and aren’t permanently settled in the UK, you may be able to get more money. If you need to prove that you earned the extra money, you must earn the following over and above £18,600:
Your first child will cost you £3,800 a year.
For each child after your first, you get £2,400 a year.
Most of the time, family members can apply for ILR at the same time as the main visa holder. This is because they got their visas at the same time and for the same amount of time as the main visa holder.
But if they came to the UK after the ILR qualifying time, they may have to wait until then. If a family member can’t get an ILR as a dependent, they may still be able to live in the UK through the EU Settlement Scheme, family visas, or the 10-year residency route. Get advice about what you can do.
ILR turned down?
Please know that you can usually get settled in the UK even if your ILR application is turned down or if the application of a family member who depends on you is turned down. You just need to know what to do.
First of all, you can appeal the decision if you can show that your request for permanent permission to stay was based on human rights grounds. If this is true of your application, an immigration lawyer can help you figure out what to do. But most ILR applications are not based on respecting human rights, so they can’t be questioned. But there are still other things to do. You can appeal a decision not to give you ILR in the following ways:
You can ask for a judicial review if you think UKVI made a mistake when it turned down your application.
To challenge the legal reason for the refusal, an administrative review is needed.
In some situations, it would be best to fill out a new ILR application.
Need Legal Advice & Assistance?
We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish.
ILR requirements FAQs
What are the requirements for ILR?
For most immigration routes, such as the Skilled Worker Route and spouse visa, the minimum ILR requirement is continuous residence of at least five years.
Can I apply ILR before 28 days?
It is possible to submit your ILR application up to 28 days before the end of your qualifying period. If you apply earlier, you will not be eligible and your application is likely to be refused. You will however need to ensure you apply you should apply before the end of your permitted stay in the UK.
How long is ILR valid for?
ILR is indefinite, however it may expire after 2 years absence from the UK, regardless of the expiry date on your proof of ILR, such as the BRP or passport stamp.
How much does ILR cost?
The Indefinite Leave to Remain (ILR) application fee charged by the Home Office is £2,404 per applicant as of 6 April 2023 .
Can I apply for ILR after 3 years?
If you have an Innovator or Global Talent visa, you may become eligible for ILR after 3 years if certain conditions apply.
Can I apply for ILR after 5 years?
For most eligible visa routes, holders can apply for ILR after five years.
The best immigration lawyer in Bangladesh works for Tahmidur Rahman Remura. We have long-term experience helping our local and expatriate clients get work permits, permanent residences, and visas all over the world. When processing visas for clients, the immigration law firm in Bangladesh looks for a number of things.
