Visitor Visa refused with 10 years ban

UK visitor visa is a short-term visa that allows applicants to come to the UK for a period of up to 6 months for various purposes such as visiting your family, holiday, medical treatment, doing a short course of study, for certain business activities etc. However, there are various reasons why your visa application may be refused.

Visitor visa refusal

There may be several reasons why your visitor visa may be refused. If your applications are found to be not meeting the suitability and eligibility criteria UK Visa and Immigration (UKVI) may refuse your visa. The decision is made based on information and documents submitted by you or a representative in the application and during the visa interview. In simple terms, your visitor visa application can be refused if you fail to demonstrate your suitability and eligibility requirements or if you breached the UK
immigration rules in the past.
If your visitor visa is refused based on general grounds such as not meeting suitability and/or eligibility requirements, you can re-apply for a fresh application.

Deception in the visitor visa application

Deception is another ground for visitor visa refusal. Applicants that used deception in their application to get leave to enter the UK can be imposed entry bans by the Home Office. Such bans last for 10 years in case of deception used in the visitor visa application. If the entry ban is still on, even visitor visa applications will generally be refused except in some exceptional cases.

Visitor visa refused with 10 years ban

A visitor visa application will be refused and a 10 years re-entry ban will be imposed on applicants if they used deception in their application. Also, if an applicant has been removed or deported from the UK
with 10 years ban his/her visitor visa application will be refused until the 10 years ban period ends.

Deception was Innocent Error

Deception is an act of misrepresentation or false representation of facts in words or the form of documents whether related to or not related to a current visa application or a visa application in the past submitted by you or by your representative. If an applicant is found presenting false documents, or information or not disclosing material facts in such a scenario, one can apply for a visitor visa till they are able to prove that the deception was due to an innocent error.

In the case of AA (Nigeria)

“The new Rules are intended to cover people who tell lies – either on their own behalf or that of someone else – in an application to the UK Borders Agency. They are not intended to catch those who make innocent mistakes in their applications.”

Deportation being the reason for visitor visa refusal

Deportation means an individual has been mandated to leave the country. This leads to any existing leave to enter or remain in the UK becoming invalid automatically and a re-entry ban ranging from 1 year to 10 years.

Grounds of the deportation order

One must be refused to enter or remain in the UK if:
1. The Secretary of state has personally directed the exclusion of the applicant as deportation is in the
best interests of the public; or
2. The applicant is the subject of an exclusion order; or
3. The applicant is the subject of a deportation order; or
4. The applicant is subject to a decision to make a deportation order.

In such cases the applicant will need to make an application for revocation of a deportation order before they can submit an application.
Should you wish to seek advice on your application, please do not hesitate to contact Visa and Migration Ltd on 0203 4111 261

Exceptional Circumstances – Appendix FM

Appendix FM mentions the immigration rules since 9 July 2012 that when a non-British wish to join their family member in the UK. It states that an applicant is required to meet the financial requirement who is looking to apply to enter, remain in the UK based on family life as a partner or a dependent child of an individual who is a British citizen or has settled status in the UK or is in the UK with refugee leave or on the humanitarian protection ground. However, there are exceptional circumstances in which refusal of the application could amount to be breaching ECHR Article 8.

ECHR Article 8

Article 8 of ECHR (European Convention Human Rights) talks about an individual’s right to respect for private and family life. It gives an individual the right to respect for his/her private and family life, his/her home, and correspondence. However, the right to respect comes with certain restrictions as well that are in accordance with law and necessary in a democratic society.

Exceptional Circumstances

Before August 2017 Home Office only considered exceptional circumstances on human rights grounds but not under the purview of immigration rules. But from 10 August 2017 considering Supreme Court judgement MM and Others new paragraphs were inserted in Appendix FM which talks about while mandates Home Office to consider UK family visa applications on exceptional circumstances under the immigration rules. It legally binds Home Office that if under such exceptional circumstances refusing a visa application may lead to unjustifiably harsh consequences for an applicant and it is in the best interest of a child to grant a visa, Home Office should not refuse a visa to such applicants.

If a British citizen or one who has settled status in the UK wants to bring his/her spouse and/or child to the UK who happen to be foreign nationals, he/she needs to sponsor his/her partner and/or child and meet the financial requirement for maintenance. But if there are exceptional circumstances due to which a sponsor cannot meet the financial requirement or other requirements, immigration rules provide for granting a visa under exceptional circumstances.

What are the exceptional circumstances?

It is not a black and white situation. The Supreme Court in 2017 while hearing a case concluded that Appendix FM is compatible with Article 8 of ECHR and it is upon the discretion of the Home Office to decide what “exceptional circumstances” and “unjustifiably harsh consequences” mean. The Home Office needs to see what is in the best interest of the applicant and at the same time, it should not be at the cost of the best interest of the public good. So, this balancing act must be made by the Home Office. Applicants need to submit substantial evidence to prove that their removal from the UK or refusal to leave to enter the result in “unjustifiably harsh consequences” and in the case of a child it would not be appropriate at all to refuse him/her joining his/her parents/guardians in the UK.

Paragraph GEN.3.1, GEN.3.2 and GEN.3.3

Paragraph GEN.3.1-3.3 of immigration rules talks about exceptional circumstances. Paragraph GEN3.1 deals with financial requirements and GEN.3.2 deals with other requirements of entry clearance and leave to remain. Paragraph GEN.3.3 deals with exceptional circumstances in the best interests of a child while considering the application.

 

Immigration status under exceptional circumstances

If you are granted a visa based on exceptional circumstances you will be granted leave to enter for 33 months or leave to remain for 30 months. However, for indefinite leave to remain, you will be able to apply only after having lived for 10 years in the UK contrary to a situation where you do not need to rely on exceptional circumstances to get a UK visa in which you can apply for settlement after having lived for 5 years in the UK.

Skilled Worker Migration

A skilled worker route is a way for UK employers to recruit foreign workers in specific job roles by offering them a job and certificate of sponsorship. The skilled worker route has replaced the Tier 2 (General) work visa and it allows talented workers to migrate to the UK in a job role that matches their skill set. An applicant needs to receive a job offer by a Home Office approved sponsoring organization in the UK.

Point-Based System

A skilled worker visa requires certain number of points under the UK point system in which points are awarded for fulfilling different criteria. Under the new point-based system applicant must earn at least 70 points out of which 50 points are given against meeting the mandatory requirements while 20 points are tradeable.

Mandatory points:

  1. You must receive a certificate of sponsorship from a Home office approved UK sponsor  –  20 points
  1. You must get a job offer at an appropriate skill level – 20 points
  2. You must speak English at a sufficient level – 10 points
Tradable points:
  1. If your salary is at least between £20,480 and £23,039 – 0 points
  2. If your salary is between £22,040 and £25,599 – 10 points
  3. If your salary is £25,600 or above – 20 points
  4. If you have been offered a job in the occupation of shortage as designated by the Migration advisory committee – 20 points
  1. If you have a degree at the level of PhD in a subject that is relevant to the job you have been offered – 10 points
  1. If you have a degree at the PhD level in a STEM subject that is relevant to your job – 20 points

You need to earn a minimum of 70 points to be eligible for a skilled worker visa. On the 4th March 2021, there is an addition of some occupation in shortage occupations list. 8 occupations will be added to the Shortage Occupation List in the health and care sectors. These 8 occupations in the health and care sector include the followings:

  1. Pharmacists
  2. Physiotherapists
  3. Nursing auxiliaries and assistants
  4. Health service and public health managers and directors
  5. Laboratory technicians
  6. Senior care workers
  7. Residential, day and domiciliary care managers and proprietors
  8. Health professionals not elsewhere classified

Modern foreign language teachers will also be added to the shortage occupation list but skilled chefs have been removed from the list. Skilled chefs will still qualify for the skilled worker route because of changes in the skills and salary threshold.

Documents to be submitted

Like all other visa applications applicants looking to come to the UK under the UK, skilled worker visa also needs to submit key documents along with their application. The list of documents includes:

  1. Your current valid passport or any other travel document;
  2. Documents like a bank statement, salary slip to prove that you can maintain yourself in the UK financially;
  1. Documents such as English language knowledge test to prove that you have sufficient knowledge of the language;
  1. Your Tuberculosis test result if you come from a country where it is mandatory to take the TB test.

Family members (dependents)

Family members such as spouse/partner or children of the main applicants can join them during their stay in the UK. However, the applicant needs to prove that the relationship is genuine and subsisting and  they can meet the maintenance and accommodation requirement for their family members.

How to apply?

If you apply from outside the UK, you must apply online. If you apply from within the UK for an extension of the visa or switching to the UK skilled worker visa from any other visa category you must apply online.

If you intend to apply for a skilled worker visa and need professional assistance you can contact Visa and Migration Ltd on 02034111261

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Getting a Sponsor Licence and Sponsoring a Worker

Tier 2 (General) visa has been replaced by a Skilled Worker Visa. This has been done with the purpose to bring more skilled workers to the UK labour force. However, for a UK organization, it is still required to get a valid sponsor license to hire overseas workers. Getting a sponsor license requires the applicant company to meet the required conditions and then apply for it correctly.

Types of sponsor licence

There are 2 types of sponsor license. One is the Skilled worker visa license and the second is an intra-company transfer sponsor license. An organization can apply for both licenses at once or choose to apply for them separately at different times also.

How to get a sponsor licence

If you are looking to sponsor overseas workers you need to be first on the register of licensed sponsors with a UK visa and immigration. You can apply online form and submit necessary documents with the application as evidence to prove your trading presence in the UK. In some circumstances, the Home Office may ask you to submit additional documents as well to check if your company meets the compliance requirements and sponsorship duties or not. Home Office may also plan a compliance visit to your business premises.

Eligibility for Sponsor Licence

There are some simple conditions that a company looking to apply for a sponsor license need to meet before making the application. They are the followings:

  1. Your business must have a presence in the UK.
  2. Your business must be operating or trading in the UK lawfully.
  3. You must be able to prove that you are offering jobs to overseas workers in a skilled occupation and you are offering the appropriate salary as specified by the Home Office.
  4. You must accept all the duties associated with a sponsor license holder as part of your application and fail to this you will be held liable for consequences.

Cost of an application

The cost of application for a sponsor license depends upon the size and type of your organization being small costs you £536 and large organisation costs you £1476

You also need to pay the same fee at the time of renewal of your sponsor license which you need to apply for every 4 years.

Any organization where at least 2 of the followings is applicable is considered a small company.

  1. Company’s annual turnover of £10.2 million or less
  2. Company has 50 employees in total or less
  3. Company’s total value of its assets is £5.1 million less

 

Sponsoring a worker

Just as an organization you need to get a sponsor license, once you have it you can offer a certificate of sponsorship to eligible overseas workers to join your company in an occupation where their skill level matches the requirement of the job position. After getting a sponsor license you get registered with the Home Office as a sponsor which then enables you to issue a certificate of sponsorship. An overseas worker needs to earn at least 70 points as per the new point-based system introduced in the UK. Here certificate of sponsorship gives an overseas 20 points and a job offer at an appropriate skill level gives them 20 more points. These two conditions are also mandatory that means each overseas worker applying for a skilled worker visa must have these two conditions covered thus earning 40 mandatory points to come to the UK to work. The salary that you offer also adds up to the total tally of points earned by overseas employees. The salary offered is tradeable and points earned work like this.

  1. If your offer salary is at least between £20,480 and £23,039 employee gets 0 points
  2. If you offer a salary is between £22,040 and £25,599 employee gets 10 points
  3. If you offer a salary of £25,600 or above employee gets 20 points

Also if you offer a job in the occupation of shortage as designated by the Migration advisory committee an employee gets 20 tradeable points.

If you are looking for professional assistance for making a sponsorship license application, please contact Visa and Migration Ltd on 02034111261

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Changes to UK’s immigration rules 4 March 2021

On March 4 new changes to the UK’s immigration rules came into the light. In this article, we have tried to bring some of the important changes for you.

Introduction of the Graduate Route

From July 1, 2021, a new Graduate Route will be open for applicants. Applicants mean international students who have completed a course at the bachelor’s degree level or a higher level in their country. Students coming to the UK on a Graduate route will be granted a 2-year visa. They will be able to work or search for a job after they complete their studies for a maximum period of 2 years. Students on doctoral courses can work or look for a job after completing a maximum period of 3 years.

Students applying for this visa category will not be required to obtain a job offer or a sponsorship to apply for this visa. Graduate students will be able to switch jobs if they want to make their career bright or they are simply looking for flexibility.
There will be no caps on numbers and also no requirement to meet a minimum salary per annum threshold. Home Office of the UK understands the Covid situation and its impact on the movement of the people to the UK.
In this light students who started in autumn 2020 have been allowed to enter the UK until 21 June 2021 and students who started in January or February 2021 can enter the UK until 27 September 2021.

Dependents family members such as a spouse, partner, and children under 18 of the student applicants will be able to come to the UK.

Changes to skilled worker route

In the recent changes, it has been clarified that 8 occupations will be added to the Shortage Occupation List in the health and care sectors. These 8 occupations in the health and care sector include the followings:
1. Pharmacists
2. Physiotherapists
3. Nursing auxiliaries and assistants
4. Health service and public health managers and directors
5. Laboratory technicians
6. Senior care workers
7. Residential, day, and domiciliary care managers and proprietors
8. Health professionals not elsewhere classified

Apart from the addition of more occupations to the health and care sector there is also now Modern foreign language teachers will be added to the shortage occupation list but skilled chefs have been removed from the list.
However skilled chefs will still qualify for the skilled worker route because of changes made in the skills and salary threshold.

EU settlement scheme

New changes to the immigration rule also state the changes to the EU settlement scheme. Now the suitability and eligibility requirement will change a bit.

Changes in the Suitability requirement

Talking about the suitability requirement, Home Office now will be able to refuse applications based on the conduct of an applicant committed after the end of the Brexit transition period that causes the Home Official to feel that the presence of the applicant is not conducive to the public good.

ATAS requirements cover

Up until now, the foreign students applying under the ATAS or Academic Technology Approval Scheme need to get approval if they take certain courses in which they learn things related to military value to a hostile power. Now with new changes being introduced this scheme will be open to some sponsored workers also if their job involves academic research in those areas. Such applicants need to get a valid ATAS certificate if they apply for worker route where a certificate of sponsorship is required and the job role mentioned in the certificate of sponsorship should be in the following occupation codes:
Chemical scientists
Biological scientists and biochemists
Physical scientists
Social and humanities scientists
Natural and social science professionals not elsewhere classified
Research and development managers
Mechanical engineers
Electronics engineers
Electrical engineers
Production and process engineers
Engineering professionals not elsewhere classified
Higher education teaching professionals
Laboratory technicians
Electrical and electronics technicians
Engineering technicians
Building and civil engineering technicians
Aircraft maintenance and related trades
and the job role includes an element of research at PhD level or above and that field of research is a subject set out at ATAS 4.1.

From now on the certificate of sponsorship will require to confirm whether the ATAS rules apply there or not be it for a skilled worker, intra-company transfer, international agreement worker, or Government-authorized exchange worker. Applicants in such a case will have to get an ATAS certificate.

Global talent route

As of now one who wants to apply through the Global talent route needs to get an endorsement by an organization in the UK. The endorsement testifies the talent of an applicant. But now there is a big change. You
don’t need an endorsement because there is an introduction of a list of “prestigious prizes”. If you win any of these prizes you will automatically qualify for a Global talent visa. The prestigious prizes list includes the following:

Nobel Prizes
Oscars Prizes
Golden Globes award
Tony Awards and
The Hugo Boss Prize and more.

These changes will be applicable from 5 May 2021. There are also a few technical amendments made to the main Global talent appendix.

Changes to Hong Kong British National (Overseas)

A new statement of changes allows Hong Kong British National (Overseas) and their families to apply for a change of conditions to access public funds which is not the case as of now. Applicants can apply for a change of conditions if they are destitute or at imminent risk of destitution. In the following conditions of change you can apply for it;
1. There is a change in your financial circumstances from the time you were permitted to stay in the UK, and you are no longer able to earn food or housing for yourself or your family
2. If there is a risk to your child because of your very low income
3. You always had financial problems, but you hide it and did not provide evidence of this and you now want to provide this evidence.

Changes to student route

From 1 July 2021 postgraduate students will not fall foul if they take integrated courses that includes getting a lower-level qualification first and then going for a higher qualification but choose to complete only the lower-level qualification.

Changes to continuous residence

Changes are being made for the settlement under the Skilled worker route, representative of an overseas business, global talent, innovator, T2 minister of religion, T2 sportsperson, UK ancestry or Hong Kong British National (Overseas). Now if a person with permission as a dependent was absent from the UK before 11 January 2018, the period of absence will not be counted towards the limit of 180 days absence limit.

Changes to T5(Temporary worker) Creative or sporting worker

The current rule says that if a creative worker is being sponsored for more than one engagement by the same sponsor, the worker cannot be engaged for more than 14 days between each engagement. The new system allows workers and their sponsors ‘to stop the clock’ by only counting time spent within the UK.

Changes to T5(Temporary worker) youth mobility scheme

In this route now the applicants do not need to get a certificate of sponsorship because it is being replaced for applicants applying from eligible countries without ‘Deemed Sponsorship Status’ to provide evidence of sponsorship. This must be done within a period of 3 to 6 months.

Now the allocations for 2021 will be the followings:
Australia – 30,000 places (no change)
New Zealand – 13,000 places (no change)
Canada – 6,000 places (addition of 1000 places)
Japan – 1,500 places (addition of 500 places)
Monaco – 1,000 places (no changes)
Taiwan – 1,000 places (no changes)
Hong Kong – 1,000 places (no changes)
South Korea – 1,000 places (no changes)
San Marino – 1,000 places (no changes).

Changes to the Family route

If an applicant in his/her previous application for entry clearance or permission to stay in the UK proved they met the English language requirement, he/she does not need to prove it again if applying for a family visa extension.

These are some changes in the UK immigration law published on 4 March 2021. Should you wish to seek professional advice or more clarity on these changes you can contact us on 02034111261. Visa and Migration Ltd. is a private firm with accreditation from the OSIC and the Law Society.

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Domestic Violence

Domestic violence or Domestic Abuse is an unfortunate reality not just in the UK but across the world. The UK has The Domestic Violence, Crime and Victims Act 2004 in place that deals with providing criminal justice and legal protection to victims of domestic violence in particular.

Domestic violence is also called domestic abuse. Domestic violence can happen against anyone irrespective of their age, gender, sexuality, ethnicity, socio-economic background, sexuality, or background.

Domestic violence as per Domestic Abuse Bill 2020

Domestic abuse bill 2020 aims to raise awareness among the people about how domestic abuse can impact victims and their families. It defines domestic abuse as –

“Domestic abuse is an abhorrent crime perpetrated on victims and their families by those who should love and care for them.”

Domestic abuse is about physical violence but not limited to it. Domestic violence can be emotional, psychological, coercive control and ‘gaslighting’, economic, threats, online and sexual abuse as well.

Signs you can recognize as domestic violence

Whether you or someone you know is a victim of domestic violence, it is important to recognize the signs of it. This helps you seek help and get out of it immediately. Following are the signs you can look out for as signs of domestic abuse:

  • If you feel like that you are being withdrawn or isolated from your loved ones such as family and friends;
  • If there is a bruise, burns or bites being inflicted upon you;
  • You are not allowed to go to college or work or simply outside the house;
  • Your finances are being taken under control or you are not being given any means to buy anything you need such as food or paying bills;
  • Your use of the Internet and social media is being checked or your texts, emails or letters are being read;
  • You are being made feel inferior repeatedly
  • You are being pressured to do sex; and
  • You are being made feel that the abuse is your fault, or you are overreacting

Reporting domestic violence

Domestic violence is a crime and if you or someone you know is a victim of it, you should report it to the authorities. You can report it to the police or other organizations such as Freephone National Domestic Abuse Helpline, Galop, Live Fear Free helpline, etc.

Domestic violence and its application on immigrant victims

Victims can be immigrants living in the UK as well. The immigration rule of the UK permits such victims to apply to seek permission to stay in the UK as victims of domestic abuse irrespective of the fact that their visa is still valid, or it has expired.

Eligibility for the victim immigrants to apply for ILR

Immigrants can apply for leave to remain if they meet some eligibility conditions. These eligibility conditions are the following:

  • If you were granted leave to enter or remain previously as the spouse, civil/unmarried/same-sex partner of somebody who is either a British Citizen or has settled status in the UK or someone who is a member of HM forces and served for a minimum of 4 years.
  • You need to be in the UK to make an application.
  • You need to make a valid application to apply for Indefinite Leave To Remain  as a victim of domestic violence
  • You also need to produce proof that you notified any abuse against you in the past to the relevant authorities.

Who cannot apply for ILR as victims of domestic abuse

Those who fall in the following category cannot apply for ILR as victims of domestic violence.

  • If you are under the age of 18 because this is the age bar to be a partner or spouse.
  • If you are a spouse or a partner of someone who has limited leave to enter or remain in the UK.
  • If you are a fiancé or proposed civil partner.
  • If you are in the UK not on ILR but any other type of leave.
  • If you are an EEA national with treaty rights or you are a family member of such an individual.

Domestic violence concession

If you are a victim you can access public funds, which will help you, escape and protect yourself from the ongoing abuse under the domestic violence concession scheme. However, not everyone can access public funds under this scheme. Following are the conditions in which you can apply to access public funds as a victim of domestic violence.

  1. If you have had limited leave to remain as a partner;
  2. Your relationship broke because of domestic abuse;
  3. You are in need to access public funds that will enable you to get out of the relationship; and
  4. You intend to apply for leave to remain as a victim of domestic violence
Making an ILR application

You can apply online. You need to be present in the UK to make an application. You need to select and use the SET (DV) application form to apply.

Application fee

The application for an immigrant who is a victim of domestic abuse can qualify for an application fee waiver.

Should you wish to seek professional assistance for your UK visa application process please contact Visa and Migration Ltd on +44(0)2034111261

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UK Fiancé Visa, how to prepare your application

UK Fiancé visa is for all applicants who wish to join their partner in the UK who is either a British citizen or has settled status in the UK. UK Fiancé visa allows the applicants to enter and live in the UK for 6 months initially after which they can apply for an extension provided; they get married to their partners in the UK within the 6 months of initial stay.

Preparation of the application for UK fiancé visa

The preparation starts with checking eligibility requirements. Eligibility requirements are there at various levels, which we will see here one by one.

Suitability requirement

For any reason such as you are not allowed in the UK by the UK’s government or your previous behavior has been such that it is undesirable to grant you a UK visa or your entry to the UK has been found not conducive
then you are not fit the suitability requirement. However, suitability requirement affects only a small number of applicants yet it is important to comply.

Relationship requirement for UK fiance visa

The relationship requirement applies to you (applicant) and your partner in the UK. The requirements are the following:

  1. You and your partner must both be 18 or above.
  2. Your partner must be either a British citizen or settled in the UK.
  3. You need to show that you both intend to get married and live together permanently.
  4. You need to show that your relationship is genuine
  5. You need to show that you will get married to your partner within the 6 months of your granted stay in the UK.
  6. You must have met each other.
  7. If you were in any previous marriage or civil partnership you need to prove that it has ended permanently.

Financial requirements for UK fiance visa

This is related to the savings and income of applicants and their partners put together. The financial requirement means that you need to be able to support yourself or your partner should be able to support both of you through his/her income and/or savings in total. The requirement is like this:

  • If your partner in the UK has a minimum annual income of £18,600 or a savings of £62,500.
  • If there are dependent children, then an annual gross income of £3,800 in addition to the £18,600 is required for the first child and £2,400 for each further child.
  • If your UK partner is a beneficiary of one of the various schemes such as Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme, Attendance Allowance, Carer’s Allowance etc. then you are exempted from meeting the financial requirement.

 

Accommodation requirement

Accommodation requirement is also important. You need to show that there is good enough accommodation for you, your partner and dependent children (if any) in the UK where you all can live well. Your partner in the UK needs to commit to the fact that he/she can provide you will adequate accommodation in his/her cover letter.

Other requirements


Other requirements include English language and TB test results. You must be able to speak and listen to English. You need to provide evidence in support of your knowledge of the English language. You can do this by passing an approved English language test at CFER Level ‘A1’.

If you come from a country where it is mandatory to take a Tuberculosis test before coming to the UK then you must have TB test results.

Preparing documents

After you check the eligibility requirements and you happen to meet them, you need to prepare the necessary documents that are required to be submitted with the application form of a UK Fiancé visa. You need to prepare
the following documents:

Your (applicant’s) documents
  1. Your current passport or any other valid travel document;
  2. English language test certificate;
  3. TB test certificate (if applicable).

Documents to prove financial eligibility

You need to show documents of your UK partner like a bank statement, salary statement, savings disclosure documents etc. to support you and your partner’s ability to meet the financial requirements without needing to access the public funds.

Documents to prove adequate accommodation

Your UK partner’s rent agreement, utility bills such as electricity bill, phone bill etc. mentioning the name and residence address of your UK partner.

You also need to submit the travel documents to prove that you both have met each other, marriage, and divorce certificates (if applicable).

Taking appointment and visiting visa center

While filling up the application form you should make an appointment at a visa center. You need to take all the requested documents when you visit the visa center.

Taking the expert’s advice

At any stage or for the entire UK Fiancé visa application process you should take experts such as Visa and Migration advice to avoid any difficulty throughout the process.

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General Grounds for Visa Refusal

Visa refusal is a common thing. Applicants make some common mistakes that lead to visa refusals. This is advised to take experts such as Visa and Migration’s services to avoid making such mistakes in the first place. If a visa application is rejected you can go for administrative review or appeal or simply make a fresh application. It does not matter which option you choose you have to spend money and time and you may be frustrated as well. Also, a visa refusal may lead to a ban of 10 years. Thus, this is in your interest to know general grounds for refusal so that you can avoid those when you make a visa application.

General Grounds for UK visa refusal

There are mandatory as well as discretionary general grounds for visa refusal. However, a caseworker or entry clearance officer cannot refuse a visa application on general grounds without appropriate reasons and evidence attached to it. On the other hand, if a caseworker or entry clearance officer finds that an applicant should not enter or remain in the UK based on their background, behavior, character, conduct, or associations, he/she may refuse the visa on one or more general grounds mentioned in Part 9 of the Immigration Rules

  1. False representation

False representation is defined as a form of deception. False representation means that you (applicant) or a third party on your behalf has lied or made a false statement in relation to your application. This false representation can be made orally or in writing. If you are found guilty of it, you must be refused a visa as per immigration rules.

2. Fraud and forgery

This is also defined as a form of deception. Fraud and forgery mean that you have submitted a document or information with an application, which is false (forged or not genuine) after independent verification. False documents can be

  • A document that is genuine but it has been altered or tampered with
  • A completely false document
  • A document that is genuine but it is being used by an imposter
  • A genuine document obtained fraudulently or issued fraudulently
  • A genuine document containing a falsified or counterfeit visa or endorsement
  1. Non-disclosure of material facts

This also comes as a form of deception. If you withhold information on your application that is relevant to the decision-makers, then it is the non-disclosure of material facts. You may be refused a visa on this ground on your current or previous application.

4. Failure to cooperate

You must cooperate in providing information or documents to the decision-makers each time you are asked to. If you fail to do so, your visa application may be refused.

5. Criminal history

A criminal record also plays a ground in visa refusal. It depends on whether you have been convicted or not and the number of years you have been sentenced. There are mandatory refusals and also discretionary refusals.

For example, if you were convicted of an offense where you received a sentence of at least 4 years, you must be refused your visa application.

  1. Exclusion is conducive to the public good

If this is found based on your character, conduct, or associations that you should not be permitted to enter the UK as doing so will not be conducive to the public good then your visa application may be refused.

  1. Secretary of State’s exclusion

The Secretary of State has exclusive power to deny an applicant visa if he/she personally directs a person’s exclusion from the UK is conducive to the public good. There is no exemption for returning residents and spouses or children under 18 of people who are settled in the UK.

  1. Deportation order

When there is a deportation order against you, entry to the UK for you is not possible. However, a person that has been deported from the UK as a family member can return to the UK and he/she does not need to apply for revocation in this case if he/she is a child and reaches 18 or he/she is a spouse/civil partner, and the marriage or civil partnership has ended. Travel bans

The travel ban is not there under the UK’s immigration law. But if a non-British individual has been imposed a travel ban by the United Nation or European Union then UK is bound to ban that person’s entry to or transit through the UK.

10. Threat to National Security

If you are found to be a threat to the national security of the UK in any which way, you will be refused a visa to enter, leave to remain in the UK.

  1. Adverse immigration history

You will not be granted permission to enter the UK if you have been an illegal immigrant; overstayed, breached a condition attached to your leave or used deception in your application in the past. You will be denied leave to remain in the UK if

  • You used deception in your application for leave to remain in the past,
  • You used deception in your current or previous application to get a document from the Secretary of State which gives you the right to reside in the UK.
  • You breached a condition that was attached to your current or previous leave to remain. However, if you were granted the leave in the knowledge of a previous breach, you will not be denied a leave to remain.
  • If you failed to manage accommodation or maintain yourself and dependents (if any) without using public funds.
  1. Medical grounds

The medical ground is also a general ground to refuse visa applications. If you have a debt of more than £500 to the NHS your application can be refused.

  1. Rough Sleeping

If you are a rough sleeper you may be refused under the general grounds for refusal.

 

Should you wish to seek professional assistance for your application process please contact Visa and Migration Ltd on +44(0)2034111261

You can also follow us on social media

Facebook: https://www.facebook.com/visaandmigration/

Twitter: https://twitter.com/visamigrationuk

LinkedIn: https://www.linkedin.com/in/visa-and-migration-a4aa9910b

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Appendix T5

UK has an immigration system in place that allows non-British nationals to enter, live and work in the UK. This is called a points based system comprising of 5 tiers. These 5 tiers came into existence in the UK between 2008 and 2010 and replaced the old work permit system. Now, this new tier system is administered by UK Visa and Immigration.

UK Tier 5 visa category

There are temporary workers who wish to come to the UK for a short period of up to 12 months or 24 months (in two situations). Tier 5 visa category has 5 subcategories namely the followings:

  1. Temporary workers – International Agreement;
  2. Temporary Workers – Charity Workers;
  3. Temporary Workers – Creative and Sporting;
  4. Temporary Workers – Religious Workers; and
  5. Temporary Workers – Government Authorized Exchange.

Along with 5 sub-categories, there is also a youth mobility scheme under the Tier 5 system. Anyone coming to the UK under Tier 5 category can come for only 12 months except in two cases. These two cases where a migrant can apply to stay in the UK for up to 24 months are the Youth Mobility Scheme and the International Agreement Scheme.

Appendix T5

Appendix T5 of UK immigration systems lists out the eligibility requirements, documents required, the rule for dependents under Tier 5 categories, etc. One needs to score a minimum of 40 points in total to be eligible to apply under the T5 visa category. All temporary workers need to get a certificate of sponsorship from a licensed UK employer for which they get 30 points. One applying under the Youth Mobility Scheme is exempted from this. Another 10 points can be obtained for showing that you have maintenance funds to support yourself financially in the UK. The minimum amount required as of now is £800.

Eligibility Requirements


All subcategories have different visa eligibility requirements. However, there are some common eligibility requirements. Let us see them here.

Youth Mobility Scheme visa requirements

You need to meet the followings major requirements;

  1. Your age must be between 18 and 30.
    2. You must have a savings of £1,890.
    3. You must have a certificate of sponsorship from a licensed UK employer.
    4. You must be a national of one of the following countries:
    a. Australia
    b. Canada
    b. Japan
    c. Monaco
    d. New Zealand
    e. Hong Kong
    f. Republic of Korea
    g. Taiwan

    or you must have a certain type of British Nationalities such as British Overseas Citizen, British Overseas Territories Citizen or British National (Overseas).

Temporary workers – International Agreement requirements

Under this sub-category, you need to have a certificate of sponsorship and at least £1,270 to support yourself financially (unless you are exempt).

Temporary Workers – Charity Workers requirements

Under this sub-category, you need to have a certificate of sponsorship and at least £1,270 to support yourself financially (unless you are exempt).

Temporary Workers – Creative and Sporting requirements

You must apply and obtain entry clearance on the creative or sporting worker route before arriving in the UK (except where CSP 3.2 is applicable).
You must show that your intention is genuine to take the role for which you have been assigned the job and you will not take any other job role.
You must have at least £1,270 to support yourself financially (unless you are exempt).

Temporary Workers – Religious Workers requirements

Under this sub-category, you need to have a certificate of sponsorship and at least £1,270 to support yourself financially (unless you are exempt).

Temporary Workers – Government Authorized Exchange requirements

You must apply and obtain entry clearance on the creative or sporting worker route before arriving in the UK. You must have a certificate of sponsorship and at least £1,270 to support yourself financially.

Can dependents apply to join you?

Yes, dependents such as your partner and/or your child under the age of 18 can apply to join you at the same time as your application.

Should you wish to seek professional assistance for your application process please contact Visa and Migration Ltd on +44(0)2034111261

You can also follow us on social media

Facebook: https://www.facebook.com/visaandmigration/

Twitter: https://twitter.com/visamigrationuk

LinkedIn: https://www.linkedin.com/in/visa-and-migration-a4aa9910b

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Civil Partnership

A civil partnership is an act where two people of same-sex or opposite-sex enter a civil partnership instead of getting married to each other. Civil Partnership in the UK was originally introduced for same-sex couples but later, it was expanded for opposite-sex couples as well. Civil partnership act 2004 granted same-sex couples to enter into a civil partnership, which gives a couple the same benefits enjoyed, by a married couple.

Who can form a civil partnership?

Terms of Civil Partnership Act 2004 allowed same-sex couples to enter into a civil partnership. After that, there was a review by the UK government and since 2 December 2019 opposite-sex couples also have been allowed to enter into a civil partnership if they wish to instead of getting married to each other. You can get into a civil partnership provided you and your partner meet the following conditions:

  1. Both are 16 or above. However, if you are under 18 then you must get consent from your parents to form a civil partnership.
  2. You are not married to each other or in a civil partnership already.
  3. You and your partner are not closely related.

How is civil partnership different from marriage?

Before 2004 there were no arrangements for people of same-sex to form a legal relationship that allowed them a status equivalent to a married couple of opposite sex. But in 2004 as a part of the Civil Partnership Act, couples of the same sexes were allowed to enter into a civil partnership and in 2014 same-sex marriage also became legal. Civil Partnership provides a couple with the same rights as married couples without having a religious connotation attached to it. So, those looking to enter into a legal relationship with a partner without aligning themselves with a particular religion can form a civil partnership.

Apart from this, a civil ceremony for a civil partnership does not involve the exchange of vows or the singing of hymns as is done in a wedding. A civil partnership can be ended through dissolution, which is like ending a marriage with the difference that adultery cannot be a reason to end a civil partnership.

 

Visa category you need to apply for

Brexit has brought some changes, as now all non-British nationals will be treated equally from 1 January 2021. But those EU nationals who are already living in the UK do not need to worry. They could apply to the EU Settlement Scheme if they were living in the UK by 31 December 2020. Those who applied for it can continue living in the UK and enjoy the same residence rights as they were enjoying earlier otherwise you will have to leave the UK after 30 June 2021. Any EU national who wishes to come to the UK on or after 1 January 2021 needs to apply for a visa.

If you are a non-British and non-EU national and you do not have indefinite leave to remain (ILR) then you need to apply for a visa to form a civil partnership in the UK. The visa category you need to apply depends on two factors:

  1. The place your partner is from; and
  2. whether you want to live in the UK after your ceremony.

So, if you are going to live in the UK for 6 months or less then you can apply for a marriage visitor visa. If your partner is a British Citizen, has settled status, or has refugee status or humanitarian protection in the UK and you want to live in the UK permanently, you need to apply for a family visa. If your partner is not a British citizen but is an EU, EEA, or Swiss national, you need to apply for a family permit.

The process to form and register a Civil Partnership

Two people can form a civil partnership by way of registration as civil partners of each other. First, both parties involved must give notice to the appropriate authority and after that, a civil partnership can be registered by signing the civil partnership document by both individuals in the presence of a registrar and two witnesses. Once a civil partnership is formed it ends only on the death of one or both individuals, dissolution, and annulment.

Should you wish to seek professional assistance for your application process please contact Visa and Migration Ltd on +44(0)2034111261

You can also follow us on social media

Facebook: https://www.facebook.com/visaandmigration/

Twitter: https://twitter.com/visamigrationuk

LinkedIn: https://www.linkedin.com/in/visa-and-migration-a4aa9910b

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