UK Immigration Appeal

Many applicants apply for a UK visa every year in different visa categories. But this is an unfortunate truth that many of such applicant’s visa applications get rejected for one or the other reason. This means that the Home Office decision does not go your way always. Sometimes the reason for rejection is genuine and sometimes it is because you made some small mistakes such as not filling up the form correctly and in the format required. It is highly recommended that you seek expert advice before making a visa application.

What if your visa application has been refused?

It will depend on the type of application you have submitted whether you will have a right to appeal against the decision or not. For example – visitor visas do not carry a right of appeal, however, if at the stage of making the application the applicant raised human rights arguments then the refusal of a visitor visa can still be challenged.

However, if you have been refused a point-based system application you will only be granted a right to administrative review and not a right to appeal the decision. It is very important how the application is prepared a represented to have the best possible chance of success.

In some cases it is possible to request a reconsideration of the application, however, this depends on factors amount to the refusal of the application. Reconsideration is a cheap way to get a positive outcome if the application has been refused, however, this is not a guarantee that the Home Office will reconsider the decision but it does work out well in some cases.

TimeLine for Appeal

If you have been granted a right of appeal from outside the UK you will be granted 28 days to appeal against the decision from the date of receipt of the decision. If the application has been refused from within the UK you will be granted 14 days from the date of the decision to appeal.

 When to seek UK Visa and appeal service?

If you find the application process complex then you should seek expert service. If your visa application has been refused and you want to challenge the decision of the Home Office and thus choose to go for an appeal or administrative review as the case may be, you should seek expert advice before landing yourself into trouble. Also, if you don’t wish to go for appeal and simply want to reapply, you should go for expert advice to make sure that you are able to remedy the shortcomings.

Appeal Costs

The court fee is fixed to £80 for a paper hearing and £140 for an oral hearing. The representative’s fee depends on the complexity of the case. The appeals can be done online by using this link – https://immigrationappealsonline.justice.gov.uk/IACFees/.

 Appeal Work Involved

Appeals, in general, involve the following work –

  • Drafting Grounds of Appeal;
  • Completing relevant forms (all appeal forms can be found on gov.uk website)
  • Preparing Witness statements;
  • Gathering the relevant evidence in support of the appeal;
  • Preparing the bundles of appeal;
  • Liaising with the court and Home Office;
  • Preparing Skeleton Arguments;
  • Representing the appellant at the courts.

If you are looking for professional advice on Appealing a refusal please speak with our experts on +44 (0) 2034111261

Sponsorship Licence Revoked – What you need to do?

All Non-EEA nationals looking to come to the UK to study or work must be sponsored by an organization in the UK. The sponsoring organization needs to obtain a sponsorship license by the UKVI (Home Office). Once they obtain a sponsorship license, they can offer a certificate of sponsorship to the individuals who come to join them for study or work. Organizations having obtained sponsor licenses must comply with the rules otherwise their license may be revoked. It is better to meet compliance because once it is revoked it becomes a daunting task for the organization to regain it. Also, the migrant employees on Tier 2 visa whose sponsors have sponsor license revoked will face a curtailment of leave on their Tier 2 Visa and they will no longer be able to work for the company.

What does it mean for the organization?

Once your organization’s Tier 2 sponsor license is at risk you need to determine the impact of it on your business. After revoked sponsor license, your organization cannot lawfully employ sponsored workers across all visa categories. This can be quite damaging which can impact overall business especially if your organization has a good number of foreign employees. It will impact your organization’s operations.

After the sponsor license revocation, your organization will also be denied to make an application a new license for a specified cooling-off period, which is usually 12 months from the date the sponsor license was revoked.

 What an organization needs to do after revocation?

License revocations can be a daunting challenge for your organization and so you must handle your license and maintain it to hold your status as a license holder and avoiding further punitive action.

Judicial Review

However, if your organization fails to meet the duties and your sponsor license is revoked you have no right of appeal against such a decision; however, there may be grounds for Judicial Review of the revocation decision. You must seek an expert’s advice for a judicial review.

 Accept the revocation, let the cooling-off period pass, apply for a new sponsor license

Though going for a judicial review is an option but in some circumstances, it may be a better financial and commercial decision to accept the revocation and address the issue that led to revocation during the cooling-off period given to your organization.

Addressing the issues may include:

  • Developing and implementing HR processes and procedures to ensure compliant practices are in place.
  • Training all relevant internal personnel

After the cooling period, you can apply for a new sponsor license and when doing so you will need to evidence that the previous revocation grounds have been corrected and any new license would be compliant and managed as required by the rules.

As there may be severe implications of revocation of sponsor license, it will be important to seek immediate legal advice on the further actions you need to take.

Impact on employees

In the case of an organization’s sponsor license revocation, Tier 2 employee’s ability to stay in the UK is directly impacted. This means that if UKVI has issued a letter to your employer revoking their sponsor license, you are at risk of being your leave curtailed and shortened to 60 days. This means you may have to leave the UK along with your dependents.

What do employees need to do? 

You have the following options in such a situation:

  • Continue working with your current employer if it has challenged the UKVI decision until the final decision comes up.
  • Leave the UK along with your dependents.
  • Find another job with another company that will sponsor you and then apply for a new visa.

If you are looking for professional assistance or immigration advice related to UK Sponsorship license, you can contact Visa and Migration Ltd on 02034111261

 

 

 

Indefinite leave to remain for HM Forces Employees

HM Forces stand for Her Majesty’s Forces and also known as British Armed forces. HM forces consist of the Royal Navy, the British Army, and the Royal Air Force. They are responsible for the defense of the UK, its overseas territories and the Crown dependencies and they include standing forces, regular reserves, volunteer reserves, and sponsored reserves.

UK Armed forces exempt from immigration control

Serving members of HM armed forces are free from restrictions arising by the UK immigration laws. They can seek to get enlisted with the appropriate department of HM Armed Forces, and once enlisted they are entitled to get their passport stamped accordingly to confirm their freedom from immigration restrictions whilst they are serving.

Certain members of the armed forces only while they are serving are exempted from the immigration control under section 8(4) of the immigration act 1971. So, the following individuals are regarded as exempt from control.

  • A member of the HM forces subject to service law (Royal Navy, British Army or Royal Air Force); or
  • A member of a Commonwealth force or a force raised under the law of an associated state, colony, protectorate or protected state who is undergoing or due to undergo training in the UK with anybody, contingent or detachment of the home forces including NATO forces; or
  • One who is serving or posted for service in the UK as a member of a visiting force including NATO forces; or
  • One who is posted for service as a member of an international headquarters or defense organization.

Dependents of HM forces are not exempt from the immigration control

There are specific provisions for the dependents of members of the armed forces within the immigration rules. So these provisions don’t exempt dependents of the members of HM forces from immigration control; however, there are specific provisions for the dependents of military personnel of NATO and Commonwealth countries (or those who also qualify under section 8(4) of the Immigration Act 1971) posted for service in the UK. They are exempt from the requirement to provide biometrics. But dependents of armed forces that are not exempt from immigration control and who are coming to the UK for training are also not exempt from immigration control.

A member of the HM armed forces while is serving in the UK and while they remain exempt from immigration control can apply for their spouses/civil partners and children to travel to the UK.

Applying for ILR after discharged from HM armed forces

Till the time someone is serving in HM armed forces in the UK, he is exempt from immigration control. However, once their period of enlistment, service or training is over, they will cease to be exempt from immigration control. After their term is over they either need to leave or apply to regularize their stay in the UK. Now, if they wish to continue to stay in the UK they can apply for the indefinite leave to remain.

If the applicant meets the following conditions, he may be granted the ILR:

  • He has completed at least 4 years’ service with HM Armed Forces;
  • He has been medically discharged from the HM Forces;
  • He was discharged from HM Armed Forces on completion of engagement;
  • He was not discharged more than 2 years before the date of application; and
  • He holds a valid entry clearance to the UK in that capacity.

If you are looking to apply for Indefinite Leave to Remain on the basis of being discharged from the HM Forces, contact Visa and Migration Ltd on 02034111261

 

 

Compliance for Sponsorship Licence

Any UK based organization that wants to employ a non-EU or EEA individual in their organization in the UK on Tier 2 or 5 Visa must first apply for a sponsor licence.

After the grant of sponsorship licence, the organisation can assign their new employees, with a certificate of sponsorship which is essential for the employees to make an application to the Home Office in order to enter or remain in the UK.

An organization applying for sponsor license must provide correct documentation and information required about the employees and once they have obtained the sponsor licence they have certain duties to meet. If they fail to meet these duties their sponsor licence may be suspended, revoked or downgraded.

 

Compliance

The Home Office requires all the organisations applying or holding a sponsorship licence to meet the compliance requirements, which are basically your HR records and other records such as the record of employee absences, their job title, interview records, advertisement records, etc.

The Home Office basically wants to see whether the organisation holding or applying for the sponsorship licence is hiring genuine workers they require and not to assist illegal migration.

In 2019 the Tier 2 requirements have been relaxed for employers; however, they are still required to be compliant with the Home Office requirements.

The Home Office can make surprise visits after granting the licence or even before in some cases. The Home Office questions are mainly –

  • Whether the employee is a genuine employee?
  • If the employee aware of their job description, duties, working hours and salary?
  • How the employees are assigned duties?
  • Email communication of employees?
  • Whether the employer is keeping mandatory documents in accordance with Appendix A?
  • Whether the employer has a record of their employees’ absences and how is the absences schedule?

The Home Office questions can vary depending upon the company’s area of trading.

If you are looking for professional advice on compliance requirements call our team on 02034111261.

Sole Representative Visa

There are two types of applicants who can apply under this category-

An applicant must either be:

an overseas media employee who:

  • is employed by an overseas newspaper, news agency or broadcasting organisation;
  • is being posted by their employer on a long-term assignment for them in the UK

OR

  • applying to be the sole representative in the UK of an overseas employer who intends to establish a commercial presence by operating a registered branch or wholly-owned subsidiary of that overseas business in the UK and that branch or subsidiary will operate in the same type of business activity as the overseas business

 

UK Sole Representative Visa Requirement

One can be eligible for a sole representative Visa UK provided he/she must be recruited and employed outside the UK by the overseas company and now they intend to represent the company in the UK.

The applicant must meet other eligibility requirements to apply for UK sole representative successfully. These requirements are the following:

  1. Applicants must apply from outside the EEA (European Economic Area).
  2. Applicant must be an employee and a representative of a company operating outside the UK which has no branch, subsidiary or other representatives in the UK.
  3. Applicants must be recruited and employed outside the UK.
  4. Applicants must have extensive related industry experience and knowledge.
  5. The applicant must be a senior an employee with full authority to take an operational decision for setting up a branch in the UK or wholly-owned subsidiary on behalf of the overseas company.
  6. The applicant must be a full-time employee of the company.
  7. The applicant cannot be the majority shareholder in the company thus shareholding must be less than 50%.
  8. The applicant must not take any other job.
  9. The applicant must have enough money to meet his and dependent (if any) financial need during the stay in the UK without any help from public funds in the UK.
  10. Applicants must obtain entry clearance before entering the UK.
  11. The applicant must meet the English Language Requirement.

When to apply?

 One can apply for the sole representative visa 3 months before they travel to the UK. After applying for a visa from the outside UK, the applicant should expect the decision within 3 weeks.

 Length of time allowed staying in the UK

Successful applicants can come and stay in the UK for an initial period of 3 years. Thereafter, the applicant can apply for an extension of the visa for another 2 years. And after having spent 5 years in the UK, you can apply to settle permanently in the UK.

 Rights of dependents

Dependents of the main applicant which includes husband, wife, civil partner, unmarried partner or same-sex partner or children less than 18 years of age can join them in the UK provided they meet the eligibility conditions.

If they are eligible, they can live and stay in the UK with the main applicant. They can also study and work in the UK without any restrictions. However, dependents will not enjoy any recourse to public funds.

 

Extension

  • required by the employer and the employer must certify this in a letter which will need to provide at the extension stage
  • working in the job that entry clearance was granted for: they must show they are in receipt of a salary from their employer by evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid – for example, whether it was paid as basic or commission and the numbers of hours paid and the applicant will need to provide the evidence of company operations in the UK.

Indefinite leave to Remain  

The applicant must have has spent a continuous period of 5 years in the UK as a representative of an overseas business or in one of the predecessor categories of overseas media representative or sole representative

They must meet the requirements of a representative of an overseas business throughout the 5 year period and has to provide evidence for the last 5 years. In addition, evidence must be provided to show they have established a branch registered as a UK establishment or subsidiary and generated business: their employer must still be actively trading and remain centred overseas.

The applicant must produce a letter from their employer which certifies they are still needed to do the job they were first granted leave and can demonstrate knowledge of English language and life in the UK, unless they are exempt

If you are looking to apply for a sole representative visa contact www.visaandmigration.com or call +44(0)2034111261

 

 

 

Financial Requirement for UK partner Visa

When you apply for a UK visa as a spouse or partner there are several requirements to be met. One of those crucial requirements is the financial requirement. Financial requirement has to be met by the sponsor or applicant for the purpose of Fiancé, Spouse, Unmarried Partner or Civil Partner visas.

Minimum income rule

So, the minimum income as per Home Office is like this:

  • Partner only with no children – £18,600
  • Partner and 1 child – £22,400
  • Partner and 2 children – £24,800
  • Partner and 3 children – £27,200

+ £2400 for each additional child

 Ways to meet Financial Requirement

You can meet the financial requirement on the following basis –

  • The British Citizen or ILR holder (Sponsor) is employed in the UK with the same employer for 6 months or more;
  • If the Sponsor has changed jobs and is not employed for 6 months with current employer but has been employed for the last 12 months – you can meet the financial requirement by providing 12 months documents;
  • The sponsor is self-employed in the UK can meet the financial requirement if they have been self-employed for one whole financial years running from 6 April to 5 April next year;
  • The sponsor is a director of the company and has the company tax return can meet the financial requirement if they earn more than 18600 from salary and dividends from the company;
  • If the sponsor is employed outside they will need to provide 12 months income proof with earnings of £18600 or higher and a job offer in the UK to start within the next 3 months of arrival and paying £18600 or higher;
  • If the sponsor is self-employed or director of a company outside the UK they will need to prove that they have received an income in excess of £18600 in the financial year of the country they are in or have an income of £18600 higher from their company outside the UK in the company’s financial year outside the UK. Sponsor will need to establish they want to do a similar business or self-employment in the UK.
  • Savings of £62500 for 6 months;
  • Savings which may be acquired from sale of property / Shares / Stocks which were owned for 6 months or more can be counted towards the financial requirement provided you have received £62500 or more after the sale of an asset
  • Savings held in Investment Portfolio can be used for financial requirement till the investment firm is able to provide a letter as required by the Immigration Rules
  • Pension funds can be used for meeting the financial requirement till the annual pension receipt is £18600 or higher.
  • Non – employment income such as rental income or income from stocks, shares can also be used to meet the financial requirement

Adequate accommodation rule

This is another part by which the financial requirement can be met; however this only applies to you if the sponsor receives –

  • Carer’s Allowance.
  • Disability Living Allowance.
  • Severe Disablement Allowance.
  • Industrial Injuries Disablement Benefit.
  • Attendance Allowance.
  • Personal Independence Payment.
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
  • Police Injury Pension.

The calculations under this route have to be made in according to the receipt of income and subtracting the expenses for the tenancy and council tax should be greater than the income received for income support allowance.

If you are looking for Immigration Advice in connection with your application as a partner, call Visa and Migration Ltd on 02034111261 or email us on info@visaandmigration.com

How to Gain British Citizenship by Marriage

Marriage to a British citizen isn’t an automatic guarantee that you’ll be given British Citizenship. This is obtained through the application process of naturalisation which requires the non-UK spouse to meet certain eligibility criteria under nationality rules. From there you must make a citizenship application to the Home Office.

Continue reading “How to Gain British Citizenship by Marriage”

Derivative Residence and EU Settled Status

Derivative residence card allows one an indirect right of residence. In this scheme, your residence in the UK depends upon the existing right of another person in the UK. You are eligible for a derivative residence card if you are living in the UK and you happen to be one of the following:

  • The primary carer of someone who has the right to reside in the UK
  • The primary carer’s child
  • The child of an EEA national who has stopped working in the UK or left the UK, and you are in pursuing your education at school, college or university in the UK

Those living outside the UK or living in the UK with permission for reasons other than those mentioned here, cannot apply for a derivative residence card.

Primary Carer

 You are a primary carer means that you are the main carer of a British child or adult, who would have to leave the UK if you left the UK, or you share the responsibility of the individual with someone in equal measures and you are also their direct relative or legal guardian. Direct relative includes parents, grandparents, spouses or civil partners, children (this includes adopted children but not step-children) and grandchildren.  However if the other parent of the child is British or holding indefinite leave to remain then you cannot make an application for derivative rights of residence. You will have to make an application under the Immigration Rules.

There are 3 provisions under the derivative right which work in accordances to the case laws of –

  • EEA Child – Case of Chen V. Home Secretary – Self Sufficiency needs to be proved for the child;
  • EEA Child in Education – Case of Ibrahim Teixeira – EEA parents evidence of exercising treaty right will need to be proved for a child who is in education in the UK; and
  • British Child – Case Of Zambrano – The applicant will need to establish that they are primary carer and the other parent is not around to care for the child.

 

Child of a primary carer

As the child of a primary carer, one can apply for a derivative residence card if the following conditions are true;

  • The person is below 18 years of age
  • The primary carer of the child is eligible for a derivative residence card
  • If the person leaves the UK, the parent would also, have to leave the UK.

Benefits of Derivative residence card

Derivative residence card helps you re-enter the country in quick time when you return from abroad. You can also show it to relative authorities to prove that you are allowed to live in the UK and to your employer to prove that you have the right to work in the UK.

What you are not allowed to do

No matter how long you live in the UK with a derivative residence card, the time spent in the UK does not enable you to apply for permanent residence in the UK.

How long you can stay

There is no time limit for those with a derivative residence card. You can live in the UK as long as the child is under the age of 18 years you are a primary carer of the child living in the UK.

Applying for the EU settlement scheme

EU settlement scheme is open for many who wish to continue living in the UK even after the UK leaves the EU as a result of Brexit. So, like many, primary carer of a British, EU, EU or Swiss citizen and children of an EU, EEA or Swiss citizen who used to live and work in the UK earlier or the primary carer of child can also apply to the EU settlement scheme to continue living in the UK. After a successful application, you will be given either settled or pre-settled status. The status that you get will depend upon when you apply.

If you are looking to apply for a Derivative Residence and EU Settled Status contact Visa and Migration Ltd on +44(0)2034111261.

 

 

 

 

Unmarried Partner Visa – Two Years Relationship Requirement

One who is looking to enter or remain in the UK as an unmarried partner of a person present and settled in the UK, need to apply for an unmarried partner visa. Unmarried partner visa is also known as the UK defacto visa. Heterosexual and homosexual, both can apply for unmarried partner visa provided they can prove that they are in a relationship for two years or more and their relationship is subsisting. Partner in the UK needs to sponsor the applicant.

Eligibility

You must meet the following requirements for a successful unmarried partner visa:

  • You and your British partner must be 18 years of age or above.
  • Your partner must sponsor you.
  • You and your British partner must have lived together in a relationship ‘akin to marriage’ for at least 2 years. This needs to be evidenced by supporting documents.
  • You and your British partner must show the intention to live together permanently.
  • You must show that any previous marriage / civil partnership or similar relationship you or your British partner was involved in, has permanently broken down.
  • You must be able to support yourself or be supported by your partner without access to public funds.
  • There must be adequate accommodation available for you, your partner and any dependents.
  • You must also meet the English language requirements.

Duration of stay

Generally it is expected that you should have lived together with your partner for two years before you make the application. However, the law has developed over the years and now the duration of two years living together is interpreted by the courts in cases such as

Fetle (Partners: two-year requirement) [2014] UKUT 00267 (IAC). It was decided by the Upper Tribunal that – In contrast to the requirement of para GEN 1.2(iv) of Appendix FM, a requirement (such as in paragraph 352AA of the Immigration Rules) that “parties have been living together in a relationship akin to either a marriage or a civil partnership which has subsisted for two years or more” does not require two years cohabitation, but two years subsistence of the relationship.  Whether the relationship still subsists, as required by the tense of that requirement and as may be separately required, is a different issue.

The findings in YB (EEA reg 17 (4) proper approach) Ivory Coast [2008] UKAIT 00062, it was held that being in a durable relationship does not even entail cohabitation.

So if you have strong evidence of your relationship continuing over two years and have lived together on different occasions such as holidays and other, then your circumstances may be able to meet the requirement of having two years of genuine and subsisting relationship.

Evidence of ‘living together’

The best way to prove that you both were living together is to produce correspondences addressed to the applicant and the British partner as proof. It would be an ideal situation that such correspondences are addressed the couple jointly, but if there is no such document of correspondence, the applicant can submit correspondences addressed to the applicant or British partner. The dates of such correspondence should be spread over the entire period in which the applicant claims to have lived together with their British partner.

If you are looking to apply for an Unmarried Partner visa consult Visa and Migration Ltd for professional service and expert guidance.