Process for Skilled worker visa

People from all over the world who wish to come to the UK to work can apply for a UK Skilled Worker Visa. This visa has replaced the Tier 2 (General) visa. Skilled workers from other countries can be offered
a job and certificate of sponsorship from a UK’s licensed sponsor to bring them to the UK labor force.
This is a point-based system. One must score a minimum of 70 points to qualify for the Skilled Worker Visa route. The points can be earned against defined parameters like specific skills, qualifications, salaries, and profession.

Process for skilled worker visa

The first thing is to check if you meet the eligibility criteria for the visa. Following are the eligibility conditions for a skilled worker visa.
1. You must have a job offer from a UK employer who holds a sponsor licence approved by the Home Office.
2. You must receive a certificate of sponsorship from your employer that contains information about the job role you have been offered in the UK.
3. Your job must be on the list of eligible occupations under Appendix Skilled Occupations of the Immigration Rules.
4. You must be paid a minimum salary of £25600 or according to the skilled occupations whichever is higher.
5. For Health and Care worker roles the salary is different and they need criminal records checks including some other roles on the Skilled Worker list.
6. You must be able to pass the level B1 exam or have a degree from the UK or English Majority Speaking country or be recognized by UK NARIC (also known as ECCTIS).

Genuine Role

The employer may need to prove that your role is a genuine role, however, this will depend on the role you are being employed under. You may need to provide evidence of your skills and experience to prove
this.
If you are looking for professional advice and representation on your skilled worker visa application, you can contact Visa and Migration Ltd on 02034111261 or email info@visaandmigration.com

Requirements and types of UK family visa

UK allows foreign nationals to join their family members such as spouse, partner, fiance, children, parents, or other family members in the UK.

A UK family visa is for those who have family members working and living in the UK.

Types and requirements of Family Visa

There are mainly four types of UK Family Visa.

1. UK Spouse/Marriage Visa

UK Spouse/Marriage visa allows British Citizens or settled persons or Refugee status or has left under Appendix EU in the UK to bring their spouse living outside the UK to join them in the UK. This type of Family Visa allows a non-British individual who is a spouse of a British citizen or one who is settled in the UK to enter and remain in the UK to live with their spouse in the UK for more than six months.

Requirements

To be eligible to apply for a UK Spouse Visa, the first requirement is that you and your British partner must be over 18. There are other eligibility requirements as the followings:
1. Your partner must be a British citizen or settled in the UK or Refugee status or has left under Appendix EU.
2. Your marriage or civil partnership must be recognized in the UK.
3. At the time of application, your relationship must be genuine and subsisting.
4. If you are a fiance of a British citizen, you must provide evidence of the intention of getting married in the UK.
5. You must meet the financial requirement income of a minimum of £18,600 a year.
6. You must meet the English language requirement.

For an unmarried partner visa, all the above requirements need to be met and you need to provide evidence of living together for at least 2 years in a relationship akin to marriage.

2. UK Parent Visa

If you have a British child or a child who is a resident of the UK without any immigration restrictions, you can apply for a UK parent visa to join your child in the UK. Your child should be a dependent UK resident under 18.

UK Parent visa requirements

If your partner in the UK is living with your child, you need to apply for a UK Spouse visa, this is also known as the 10-year Partner Route unless you are able to fulfil the financial and English language requirement where you can apply for 5-year parent route. You can apply for a UK parent visa only if you are no longer in a relationship with your child’s other parent in the UK. The other eligibility requirements are the following:
1. On the date of application, your child must be below 18 and not living an
independent life.
2. Your child must be a British citizen or has settled statuseslive such as indefinite leave to remain or the child has lived in the UK for 7 years and its not reasonable to relocate to another country.
3. You need to have shared or sole responsibility for your child.
4. If you have a shared responsibility, evidence of this should be provided.
5. You need to prove that you are taking an active role in your child's upbringing, and you plan to continue doing so.
6. You need to be able to maintain and accommodate yourself.
7. You need to meet the English language requirement.

3. UK Child visa

This type of family visa allows citizens or residents of the UK to bring their non-British children to the UK to live with them. One of the parents of the child must be already residing in the UK.

UK Child Visa requirements

You can apply for a Family visa to join your parent in the UK. If at least one of your parents has ILR or proof of permanent residence or British citizen or Refugee status or has left under Appendix EU. The child must be under 18, and you must –

  1. not be married or in a civil partnership
  2. not be living an independent life
  3. be supported financially without accessing public funds of any sort

One of your parents must also be applying for a visa as a partner joining the other parent or as a parent that has the sole responsibility of you
If you are over 18, your parent can include you in their application as a dependent. You can apply separately in such cases also.

If you were born in the UK, in most cases you would get the same permission to stay in the UK as your parent. If you are below 18, you can be added to your parent’s application as a dependent, or you can apply separately.
If you are over 18, and you were under 18 years of age when you came to the UK as a dependent, you still need to prove that your dependency continues.

4. Adult Dependent Relative

This visa is for adult dependent relatives such as parents or children over the age of 18 years of age. You need to establish that you are a parent, grandparent, child, sibling above the age of 18 years and that your sponsor is a British citizen, holding ILR or Refugee status or has leave under Appendix EU.

Eligibility
  1. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must as a result of age, illness or disability require long-term personal care to perform everyday tasks.
  2. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because it is not available and there is no person in that country who can reasonably provide it; or it is not affordable.
  3. The applicant should be maintained and accommodated without recourse to public funds

All the above four routes require that the applicant can meet the suitability requirement and does not fall for refusal under the general grounds for refusal.
If you are looking for representations on any of the above routes you can get a free assessment from one of our lawyers at Visa and Migration Ltd. You can call 02034111261 or email info@visaandmigration.com

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How to apply for a UK Spouse Visa

UK Marriage or Spouse visa allows a person who is present and settled in the UK – (ILR Holer or) British Citizen. UK marriage visa is a part of the ‘Family visa UK‘ category. Since 9 July 2012, you are required to meet the financial requirement to get your partner to the UK.
Your partner can also bring children (if any) for whole they have sole custody or sole responsibility with you to the UK as a dependent child.

Eligibility

There are eligibility conditions that you and/or your married partner need to meet to meet the requirements for making a UK Marriage Visa application. They are the following:

  • You and your partner both need to be 18 or above.
  • Your partner must be a British citizen or should hold Indefinite Leave to Remain in the UK.
  • You must be legally married with each other and marriage should be recognized in the UK or you should be in a civil partnership with each other.
  • You must intend to live together permanently.
  • You must be able to support yourself and dependents (if any) financially on your own or be supported by your partner without seeking public funds.
  • Your sponsoring partner must earn a minimum of £18,600 per year or should have minimum savings of £16,000 to sponsor you. The minimum earning required goes up to £22,400 if there is a dependent child. Subsequently, for each child an extra income of £2,400 per year is
    required.
  • There must be adequate accommodation for you, your partner and any dependents.
  • You need to have a good knowledge of the English language.

If you meet the above conditions you are eligible to make a UK marriage visa application to join your partner in the UK.

How to apply

  • You can apply from outside the UK.
  • You can also apply from inside the UK if you have a leave to remain in the UK for more than 6months.
  • If you are in the UK on any other visa that allows you to live in the UK for not more than 6 months then you cannot switch to a UK marriage visa. You need to leave the UK and make a fresh application for the same.
  • You need to submit all the documents and pieces of evidence required also as part of your application.
  • Your partner in the UK can also apply on your behalf.
  • You can also bring in your dependent children. You need to add them to your application as dependents.
  • You need to pay the application fee as well. The fee amount is £1,523 if you apply from outside the
  • UK and £1,033 if applying from inside the UK and Immigration Health Surcharge of £400 per year which will be increased to £624 in October 2020. The IHS for children under 18 is £470 per year.
  • If you are granted the visa you can enter the UK and you must collect a biometric residence permit within 10 days of your arrival, which will be given for 2.5 years.
  • If your visa is rejected you can appeal against the decision provided you are granted the right to appeal in your refusal letter.

How long can you stay?

Initially, you will be allowed to live for 2.5 years in the UK after which you need to apply for an extension if you want to continue living with your partner in the UK. Once you have completed 60 months you can apply for Indefinite Leave to Remain in the UK.

Expert services from Visa and Migration Ltd

You must seek an expert’s service to make the correct application to avoid refusal. We have been providing immigration services to our clients for several years. You can get our services at all levels right from what to fill, how to fill, what documents to attach, where to send, and so on. We make sure your visa application is successful and if your visa gets refused we also help you make a fresh application, make an appeal where many things can go wrong, and cost you heavily if you do it on your own.

High Potential Individual Visa

The UK wants top talents from across the world to come to the UK and work here. With this objective, on 22 July 2021, the UK Government has pledged to introduce new High potential individuals and scale-up visa routes to attract and retain highly-skilled, internationally mobile innovation talent. The objective is to open the borders for top talent, making the UK a place for highly talented people to come and work. High Potential Individual visas will allow overseas citizens to come to the UK without a job offer if they show high potential. This visa route will be under an unsponsored point-based system. This aligns with the UK’s aim to make the country a global hub for innovation by 2035.

Existing visa routes for ‘high potential individuals’

Global Talent Visa and Skilled Worker Visa routes are currently in place for highly talented individuals to come and work in the UK. Global Talent visa is for global leaders or emerging global leaders in academia or research, arts and culture or digital technology. Those not qualified to come through a Global Talent visa can look for the Skilled worker route.

Who is a high potential individual?

Those individuals who have graduated from a top global university will be considered high potential individuals. These individuals will be highly skilled and academically elite individuals. This will include global innovators and entrepreneurs looking to work or set up business in the UK. However, the Government will also explore the scope to expand the eligibility criteria to other high potential characteristics under this route.
The visa will not require individuals to receive a job offer, making it flexible for them to switch jobs or employers and thus contribute to the UK economy. Under the High Potential Individual visa route, one will be able to expand their visa and settle in the UK provided they meet the requirements.

Eligibility for High Potential Individual Visa

As of now, the foreign individuals graduating from top global universities will be eligible to apply under a High Potential Individual visa. The scope will be expanded further with high potential characteristics. They will not be required to get a job offer from a UK employer. More eligibility criteria will be made available in due course by a statement of changes to the immigration rules. This is to be seen whether it will include only a closed
list of top global universities. Many highly skilled migrants and UK employers are hoping that additional criteria against which an individual applicant not qualified from a leading global university can be assessed more flexibly.

The scale-up visa route

This new proposed visa route will allow talented individuals to come to the UK who have a highly skilled job offer from a qualifying scale up at the required salary level. In order to qualify as a scale-up, a business will have to demonstrate an annual average revenue or employment growth rate over three years greater than 20%, plus a minimum of 10 employees at the start of these three years.
One coming to the UK through this visa route will be able to switch jobs and employers, and they will also be able to extend their visa and settle in the UK provided they meet the specific requirements.

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Fiancé Visa – How to prepare your application

The UK Fiancé visa is a route for a non-British individual to join his/her fiancé who is settled in the UK.
UK Fiancé visa is also termed as prospective marriage or civil partnership
visa and it is different from spouse/partner visa. UK fiancé visa allows the
applicant to join his partner in the UK for 6 months and during the 6 months; both must get married or enter into a civil partnership with each other.

Eligibility for UK Fiance Visa

1. You and your UK based partner must be 18 or above;
2. Your partner must be a British citizen or with a settled status such as
indefinite leave to remain (ILR) in the UK;
3. You must prove that if you had married to or were in a civil partnership
with someone else in the past then that marriage or civil partnership has ended;
4. You must show that you plan to get married to or enter a civil partnership with your partner within the 6 months of your entry to the UK;
5. You must show that your relationship is genuine, and you intend to live
together with your partner in the UK after you get married to or enter a civil partnership with him/her;
6. You must meet the financial requirement, which means you must be
able to support yourself financially for all your expenses during your
stay in the UK. The financial requirement can be met with the combined income or savings of you and your partner in the UK. The minimum annual income requirement is £18,600;
7. There must be an appropriate accommodation for you, your partner,
and dependents (if any) in the UK;
8. You must meet the minimum level of speaking and understanding the
English language; and
9. Your application must not fall for refusal under the suitability requirement.

Prepare your information and documents

To prove various points mentioned in the eligibility section here, you must
provide the required information and documents in an appropriate format
along with the application form. Some of the information and documents that you may submit include:

  • Your current passport;
  • Copies of the photo page of any old passports and visas;
  • Documents such as bank statements of joint accounts or documents of
    a common accommodation you shared with your partner to prove the genuineness of your relationship;
  • Details of your spouse (if you were married to someone in the past)
    and/or children (if any with your previous spouse)
  • Divorce certificate if you got a divorce;
  • Details of any criminal convictions (if any in your name);
  • Your Tuberculosis test results if you come from a country where it is mandatory to take the test;
  • The income or savings statement such as a bank statement or salary slip for meeting financial requirement; and
  • SELT test’s passing certificate in order to prove your knowledge of the English language.

If any of your document/s is not in either English or Welsh language, then you need to get a certified translation copy of the original documents.

How to apply for a UK fiance visa?

You must apply online. This is irrespective of the fact that whether you are
applying from outside the UK or from inside the UK.

Application fee

You can only apply from outside the UK and the fee is £1,523.

How long do you have to wait to get a decision?

You should get a decision on your visa application ideally in 2-3 months’ time, but it may take longer also depending upon your circumstances.

Should you need professional representations in applying as a family member of HM forces you can contact Visa and Migration Ltd on 02034111261 for a free consultation.

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Family members of HM Forces

The British Armed Forces are also known as HM (Her Majesty’s) Armed Forces. HM Forces are the military services responsible for defending the UK, its overseas territories, and the Crown dependencies. HM forces include the Royal Navy, the British Army, and the Royal Air Force.

HM Forces are exempt from immigration control

Serving members of HM forces are free from immigration control. One in HM forces can seek to enlist in an appropriate department in the HM forces, and once enlisted, they are entitled to get their passport stamped accordingly to confirm their freedom from immigration restrictions while serving.

Family members of HM forces

Family members of HM forces such as spouses, civil partners, children can enter the UK to settle. They need to be sponsored by HM forces personnel who would be the army personnel listed under HM Armed forces or discharged.

Who is a Family member

The spouse
Civil partner
Fiance(e)
Proposed civil partner
Unmarried partners
Children below 18 and dependent children over the age of 18.

Visas to enter the UK for family members

Family members of HM forces are not exempt from immigration control. They can apply for leave to enter, remain in the UK if they meet the following eligibility requirements.

  • The sponsor is a member of the HM forces;
  • You are your sponsor above 18;
  • You are married, or a civil partner or fiance or proposed civil partner of
    the sponsor, or you have been living together in a relationship for a
    minimum of 2 years at some point before making an application;
  • Your relationship should be genuine and subsisting;
  • You meet the minimum income requirement. It would be best if you
    showed that your annual income is at least £18,600. If you are bringing
    children also, then for the first child, £3,800 additional annual income is
    mandatory, while for the second child onwards, £2,400 per child is
    required;
  • You must meet the adequate accommodation requirement for the whole
    family.
  • You must meet the English language knowledge requirement.

How to apply for the visa?

If you are applying for the first time, you need to apply for limited leave to enter using an online form. You need to select ‘Join or accompany a family member’ and select ‘A current or former member of UK Armed forces’.

Supporting documents

You need to submit the following documents when you are applying to join one who is a current or former member of HM forces.
1. Evidence to show that you meet the minimum income requirement such as payslips, bank statements. A letter from the employer who issued the
payslips etc.
2. Evidence to show that you have adequate accommodation in the UK, such
as a letter of allocation of quarters.
3. Evidence of marriage if you are married to a member of HM forces. A
recognised certificate is all that is required to prove this.
4. Evidence of knowledge of the English language.

Should you need professional representations in applying as a family member of HM forces you can contact Visa and Migration Ltd on 02034111261 for a free consultation.

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EEA Family Members After Brexit

The Brexit Date is set for 31st December 2020. Brexit is when the UK leaves the EU with or without a deal. If a deal happens it has to pass through Parliament but if no deal is passed the default position in that situation is that the UK would leave the EU without a deal. With the recent victory of Boris Johnson, it is quite likely that a deal will be passed. However, whether a deal is passed or not passed what happens to an EEA national living in the UK and what happens to their family members is a question.

Settlement scheme for EEA nationals

The new laws for EU national under Appendix EU of the Immigration Rules.

Settled Status & Pre-settled status

Settled status means you have permanent residence or indefinite leave to remain in the UK. With settled status, you become an ordinary resident in the UK. There will be no immigration restriction on the length of time you stay in the UK. Those EEA nationals who have been in the UK for 5 years or more can apply for settled status.
Pre-settled status is for those EEA nationals who came to the UK before 31st December 2020 and have not completed 5 years of continuous residence in the UK. They can apply for pre-settled status that will enable them to stay in the UK until they complete 5 years here, after which they will be eligible to apply for settled status.

EEA Family Members after Brexit

Now, the question is what about non-EEA family members who wish to come to the UK to join their family member who is an EEA national? Will they still be able to apply for an EEA family permit? The answer is NO. The EEA family members will need to apply under Appendix FM of the Immigration Rules and will need to meet the financial requirement.
Should you wish to apply using our professional advice please complete the contact us form.

Criminality and UK Immigration

Criminality is a vital factor when one thinks to apply for a UK visa or British
Citizenship. The Home Office checks thoroughly if there is any criminal record for you and if so whether you should be granted the visa or not.
Applicants may need to submit a criminal record certificate if they are submitting an application for skilled worker jobs under Table 2 of the Appendix Skilled Occupations.
There are various requirements one needs to fulfil while making a visa application and a previous criminal record is one of them. Having a past criminal record could lead to visa refusal by the home office.

When does criminality become a ground of visa refusal?

You need to declare in your UK visa application form if you got one of the following:
1. The applicant is personally excluded by the Secretary of State;
2. The applicant is subject to a deportation order;
3. A conviction of an offence and sentenced imprisonment of at least 4 years;
4. A conviction of an offence and sentenced imprisonment between 12 months and 4 years. This is spent after 10 years have passed since the end of the sentence;
5. A conviction and sentenced imprisonment of fewer than 12 months. This will be exempted if a 5-year period has passed since the end of the sentence;
6. Convicted of a non-custodial offence will only be considered to be spent once 12 months have passed; and

If an immigration officer deems that your coming to the UK can be against the public good then also your visa application may be refused. However, if a crime is considered in your country but not in the UK such as proselytism then the Home Office will disregard it when considering your visa application.

Criminality when applying for British citizenship?

When you apply for British Citizenship, “Good Character” is a mandatory condition you need to prove. So, you must disclose the full criminal records in your name when you apply for British citizenship else your citizenship application will be refused.

UK Partner Visa with PIP

PIP stands for Personal Independence Payment. This is a welfare benefit replacing Disability Living Allowance for people between the age of 16 and State Pension Age.
The UK Sponsor (British or ILR holder) does not need to meet the financial requirement when they are receiving PIP payments. Rather they need to provide evidence to support that they will be able to adequately maintain and accommodate their foreign partner in the UK.

Eligibility for UK Spouse Visa:

There is no change to these requirements except the financial requirement that are –

  • The parties in the marriage must be at least 18 years of age;
  • Parties must have met each other, be legally married to each other, and plan to live together in the UK as a married couple;
  • A marriage visa applicant must prove that the sponsor will be able to accommodate them in the UK without any recourse to public funds;
  • The applicant must satisfy the English Language requirements with a level A1 course for the purpose of Entry Clearance and A 2 for the purpose of leave to remain within the UK;
  • In order to obtain a marriage visa the relationship must, without any doubt, be proved as genuine or subsisting with substantial evidence.

Spouse Visa when you are on PIP

Meeting the financial requirement is a crucial eligibility point when you want your partner or spouse to join you in the UK. But if you are on PIP – how to meet the financial requirement? You will need to prove that the amount you are left over after your expenses for accommodation is over the amount of income support for two people.

Required Evidence

1. You need to submit a document confirming your current entitlement and the amount you currently receive from the Department for work and pensions or Veterans Agency.
2. You also need to submit at least one personal bank statement before the date of application.
This bank statement should be in the 12 month period before the date of application to show payment of the benefit or allowance in your account.
If your partner applies for a visa extension from within the UK, then the applicant will be exempt from meeting the minimum income requirements unless you (sponsor) cease to be entitled to or are no longer a beneficiary of PIP.
If you are looking for professional advice and representation on your application, you can contact Visa and Migration Ltd on 02034111261

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Exceptional Circumstances – Appendix FM Immigration Rules

Families such as spouses, partners, and children who wish to make the UK their home can apply for a UK Family visa. British citizens or those who are settled in the UK can bring their partners to the UK by sponsoring them and meeting other requirements of the visa. Appendix FM of the immigration rules allows a British citizen or one settled in the UK to bring their spouse or partner to the UK. There are some eligibility and suitability requirements to be met for this. However, what if someone is unable to meet the financial or other requirements of Appendix FM? The immigration rules consider such cases where if exceptional circumstances are found, the leave to enter or remain is granted even if the sponsor is unable to meet one or more requirements.

Role of Home Office in the assessment of exceptional circumstances

When a sponsor is unable to meet financial or other requirements but they still want leave to enter or remain granted because there are exceptional circumstances, the decision depends upon Home Office. This is upon the Home Office to decide if they feel granting visa to the applicant is not against the good of the public of UK and at the same time not granting visa will result in ‘unduly harsh’ consequences for the applicant and
their partner or spouse in the UK.
Basically, the applicant needs to show that refusal of leave to enter or remain by the Home Office would lead to a breach of the applicant’s rights under Article 8 of the European Convention on Human Rights (the right to private and family life) because refusal will result in “unjustifiably harsh consequences”; for the applicant, their partner, child or another family member involved.

Satisfying the exceptional circumstances

It may look simple to satisfy the exceptional circumstances rule but it is not so. Unusual or difficult situations are not considered exceptional circumstances. You must prove that if a visa is refused it will be disproportionate to the legitimate goal and the individual or
their family will face unjustifiably harsh consequences.

Exemption from financial requirement

Usually, if you can’t meet minimum income requirement but you are a beneficiary of disability living allowance, Severe disablement allowance, industry injury disablement benefit, attendance allowance, carer’s allowance etc. can prove that they can maintain their partner. But if you are not on any of these benefits and you can’t meet minimum income requirements you can ask to have other sources of income taken into account. However, your situation will be considered only if you can prove that there are exceptional circumstances and this is a high bar. You need to prove that if the visa application is refused, the applicant’s human rights, sponsor or relevant child would be harmed. Again proving this can be complicated and thus you should seek advice from experts such as Visa and Migration Ltd.
You can also rely on regular income from other sources or financial support of funds such as –

(a) a credible guarantee of sustainable financial support to the applicant or their partner from a third party;
(b) credible prospective earnings from sustainable employment or self-
employment of the applicant or their partner; or
(c) any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of application or which will become available to them during the period of limited leave applied for.

You can also find more details on Appendix FM-SE of the Immigration Rules 

Satisfying other requirements

If you are not able to meet some of the other requirements such as you can’t sit the English test for some reason you can still apply citing exceptional circumstances. To satisfy the Home Office in this type of application, you need to convince the Home Office that if the visa application is refused it would result in “unjustifiably harsh” consequences for the applicant, the sponsor, or a relevant child. Again, to satisfy such exceptional circumstances you should contact us if you are considering applying under
this route.