How to apply for the UK visit visa

UK visit visa or Standard visitor visa is for those who wish to come to the UK for a short duration for up to 6 months. The purpose of the visit can be a holiday, visiting family members, medical treatment, or any other reason such as business, study, or work. Earlier there were different visa categories for each of these purposes but now all short term visas such as Family visitor visa, Child visitor visa, General visitor visa and Sports visitor visa have been replaced by a single UK visit visa.

How to apply for the UK visit visa?

You must apply from outside the UK. You must apply online. Here is the stepwise process of making an application for the UK visit visa.
1. Check if you meet the eligibility conditions.
2. Fill in the online application form.
3. Submit the required documents.
4. Fix an appointment at a visa application Centre.
5. Go for the visa interview.

You need to know that for any purpose such as family visit, holiday, medical treatment you can apply for the UK visit visa for a stay of up to 6 months in the UK. However, if you want to join your married or unmarried or civil partner in the UK who is a British citizen or has a settled status there you need to apply for a UK family visa.

Eligibility for the UK visit visa

If you are going to apply for the UK visit visa you need to meet the following eligibility conditions:

  1. You need to show that you will leave the UK immediately after your valid period of stay in the UK gets over. For example a return flight ticket.
  2. Proof of income or savings to prove that you will be able to support yourself financially during your stay in the UK.
  3. You have money to pay for your return or onward journey and other costs related to your journey.
  4. Proof of work or study or treatment that you are going to the UK.

Information and documents you need to provide

When you are filing an online application form you are required to submit personal information as part of it. This personal information includes the following:

  • Your name and surname
  • Your nationality
  • The country of your residence
  • Your marital status
  • Your passport number
  • Your contact numbers
  • Reason for your visit to the UK
  • Other information.

You need to submit the following documents when applying for the UK visit visa.
Documents are quite important to submit and they must be in the appropriate format as well. Below is the list of documents that you need to submit when you apply for the UK visit visa.

  • A valid travel document such as your current passport or any other valid travel id.
  • A blank page in your passport.
  • Financial documents such as bank statements to prove that you have enough money to support yourself financially during your stay in the UK.
  • Proof of your legal residence in your country such as your voter id.
  • If you are going to the UK for medical treatment, then you need to submit your medical records and doctor’s prescriptions.
  • If you are going to the UK to study or a job, then you need to submit a letter from your education provider and a letter from your employer.
  • If you have any document that is not in English or Welsh language then you need to get the certified translation copy of such documents.

You may have to submit additional documents depending upon your situation. For example, if you are going to the UK to donate your organ to your family member, you are going to the UK for the study of up to 12 months etc. you need to submit the related documents.

Fix an appointment at a visa application Centre

 

When you are filling up an online application form, you can schedule an appointment at a visa application Centre in your country.

Go for the interview

You need to be present on a visa application Centre on the date you fixed an appointment at. You will be interviewed by an officer there. Once you qualify the interview you can get the UK visitor visa to visit the UK.

Help from Visa & Migration

If you are not clear about anything you must seek the help of a professional agency like Visa & Migration which has an excellent track record of providing all kinds of support to make a successful UK visit visa application. You can call us or write to us anytime for any kind of visa and immigration support.

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Hong Kong BN(O) Visa

In the month of May 2020, the Chinese communist party imposed the “National Security Law” in Hong Kong. This has been seen by the UK as a violation of the 1984 Sino-British Joint Declaration on Hong Kong. The UK sees it as an act of undermining the “one country, two systems” existing in China. In the wake of this, the UK has decided to open a new immigration route called Hong Kong BN(O) visa to the BN(O) citizens. This new Hong Kong BN(O) visa will be launched from January 2021.

Who is a BN(O) holder?

BN(O) or British National (Overseas) is a special class of British Nationality. BN(O) status was given to Hong Kong residents who were British dependent territories citizens on 1 July 1997 the date on which the British transferred Hong Kong to China. So, those British dependent territories citizens by a connection with Hong Kong who were born before 1 July 1997 and applied for BN(O) between 1 July 1987 and 31 December 1997 BN(O) acquired the BN(O) nationals status are British Nationals but they are not British Citizens. So, a BN(O) national can enter and stay in the UK for up to 6 months without a visa. However, immigration controls apply to BN(O) nationals. Any child born in Hong Kong on or after 1st July after 1997 is not a BN(O) holder.

The Current situation for Hong Kong BN(O)

As of now, Hong Kong BN (O) is allowed to come to the UK and stay there for 6 months. During their stay, they can travel to any part of the UK, but they cannot work or study.

Eligibility

You need to submit the following as evidence to meet the eligibility criteria to apply for a Hong Kong BN(O) visa.

  • You hold BN(O) status
  • You are an ordinarily resident in Hong Kong even if you are in the UK currently
  • You can support yourself financially in the UK for at least 6 months after your arrival
  • You can manage your accommodation in the UK for at least 6 months after arrival
  • Your commitment to learning the English language where it is appropriate. You do not need to possess a good command of the English language at the time of entry to the UK, but you need a good knowledge of English at the time of
  • Applying for an ILR after 5 years if you do so.
  • A certificate of Tuberculosis (TB) test from a clinic or laboratory approved by the UK Home Office
  • There are no serious criminal convictions against you

How to apply?

You need to make an online application. You can apply from Hong Kong, from within the UK, or from elsewhere.
You need to have a valid BN(O) passport to show it as your identity but if you do not have it then you don’t need to apply for one.
You can submit a valid BN(O) passport or one that has expired with your application to show it as proof of your BN(O) status.
In case you have a BN(O) passport but you lost it, your historical records will be checked to check whether you are eligible to apply for a Hong Kong BN(O) visa or not.

When can you apply?

If you are a BN(O) holder and you are already in the UK, you can apply for a Hong Kong BN(O) visa from 1 January 2021 onwards. If you are in the UK on a different visa category and your current visa would expire before 1 January 2021, you can apply for an extension, switch to a different visa category, re-enter the UK after leaving or apply for “leave outside the rules” that from within the UK that allows you to stay in the UK for 6 months provided you meet the eligibility requirements in each scenario.

How long can you stay in the UK on a Hong Kong BN(O) visa?

You can apply for a 5 years visa at the time of application or you can apply for 2 and half years and later on for an extension of another 2 and a half years.

Can I apply for my dependents?

Yes, you can. Your married or unmarried and/or civil partner and children below the age of 18 if any can apply for a Hong Kong BN(O) visa with you. You need to submit a document as proof of your relationship with your spouse or civil partner who you want to bring to the UK with you. For example, you need to submit a marriage or civil partnership certificate.
If the dependent such as spouse or child is a non-BN(O), you need to show their family tie-up with you to bring them to the UK with you. UK visas and immigration (UKVI) can grant visas to such dependents on a discretionary basis.

Applying for indefinite leave to remain (ILR)

Once you get a Hong Kong BN(O) visa successfully you can live in the UK and after 5 years of continuous residence in the UK, you can apply for ILR. You can apply for naturalization as a British Citizen after 12 months on ILR.

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Sponsor Licence Revocation

An organisation that wishes to employ an individual, who is not a British National, does not have ILR, or is not an EU national will require a sponsor licence to sponsor the individual in order to work with them in the UK. Such sponsorship can be gained under Tier 2 or Tier 5 routes.

However, there are various responsibilities attached to the sponsor licence and if an organization fails to meet them, they will have to face sponsor license suspension and then revocation.

How to avoid sponsor license revocation?

As an organization when you are applying for a UK sponsorship licence or you already have it, you need to have an appropriate HR system in place in your organization. Home Office may visit your organization before or after issuing a sponsor license. Irrespective of their time of visit, you must be fully compliant with Home Office requirements and should be able to provide records when requested. Here are the basic activities you must do in order to avoid sponsor license revocation.

  1. Offer genuine employment to foreign workers.
  2. Record specific information of each sponsored employee such as a copy of their biometric residence permit, natural insurance number, their updated contact details, the record of worker’s absence from the job etc.
  3. When the Home Office asks for any information, provide them with the correct information and in the appropriate format.
  4. Maintaining the worker’s rights and clear evidence of duties being carried out by the employees.
  5. Keeping track of payment to the employees.

What does the Home Office check on a visit?

Home Office personnel can visit your office anytime before and/or after issuance of sponsor license. They can also choose to ask for information through post or phone. They will check the following:

  1. Is your organization complying with the duties set out by the Home Office?
  2. Are you keeping records of foreign employees and are the records in the correct format?
  3. How did you conduct the resident labor market test?
  4. Were there genuine vacancies you filled with foreign workers?
  5. Are you maintaining your obligation to the right of your workers and if yes how?

 

What if there are discrepancies found by the Home Office?

If the Home Office finds any sort of discrepancies then you will have to face the consequences of it. If they find that there is a small transgression, they will cooperate with you to solve the issue. However, if they find that you have made serious and intentional deception or conduct of breach your sponsor license will be suspended or revoked. As a consequence of this, you may face the followings:

Your sponsor license may be suspended and you will be given time to provide written representations and evidence. If your license is suspended, foreign employees in your organisation can continue working but you cannot assign a certificate of sponsorship to new workers. But if your license is revoked the visas of existing foreign workers will be curtailed to a 60 days period.

What to do after sponsor licence revocation?

If your sponsor license is revoked you have no right to make an appeal against it. The only option for you is to challenge the decision via Judicial Review. In the alternative, your organisation can apply for a new sponsor licence application after 12 months of cooling off period.

Impact on sponsored employees

For employees who are found complicit in the acts because of which revocation took place, their visas will be curtailed reducing the time limit of their stay in the UK to 60 days to look for a new sponsor or apply for a stay in another category.

 

How Visa & Migration can help?

Visa & Migration Ltd helps you make a sponsor’s application in the proper format. We also help you in meeting all the duties laid out by the Home Office for sponsors. We can help you in the auditing process and advise you on making changes to the requirements complaint with the Home Office requirements. Additionally, Visa and Migration can also assist you in providing representations against your sponsor licence suspension.

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ILR Qualifying Criteria

Indefinite Leave to Remain or ILR allows a non-British individual to live in the UK indefinitely without any immigration control. If you have already spent a certain time living in the UK in a category which leads to ILR, you can apply for ILR to settle in the UK if you meet all the qualifying criteria.

Once granted Indefinite Leave To Remain, you can live, work, and study in the UK without any restrictions. ILR also allows you to apply for British Citizenship once you meet all the eligibility requirements under the British Nationality Act 1981.

ILR Qualifying or Eligibility criteria

If you want to apply for ILR you must be already in the UK on a valid visa category that leads to settlement. For how long should be in the UK to be eligible to apply for ILR varies based on visa categories. Below are the time qualifications criteria after which you are eligible to apply for an ILR for each visa category. Though in most cases it is 5 years continuous living in the UK as ILR qualifications criteria, yet there are other time limits applied also, which are:

  • 2 years if you are married to or in a civil partnership with a British citizen or one who is settled in the UK and your visa was issued prior to 9th July 2012;
  • 5 years if you are married to or in a civil partnership with a British citizen or one who is settled in the UK and your visa was issued on or after 9th July 2012;
  • 5 years if you are on an unmarried partner, EEA family permit, and UK ancestry visa;
  • 2, 3 or 5 years if you are on a Tier 1 Investor Visa. The qualifying number of years here depends upon the level of your investment;
  • 3 or 5 years if you are on a Tier 1 Entrepreneur visa again depending on your turnover or number of employees;
  • 5 years if you are a retired person of independent means;
  • 5 years if you have been a sole representative of an overseas company;
  • 5 years if you have lived in the UK under the gateway protection program;
  • 6 years if you have lived in the UK with discretionary leave;
  • 10 years based on long residence;
  • 10 years based under the private life and 10-year partner or parent route

No residence rule

There are instances in which one need not have to meet the residency requirement. For example, a child below the age of 18 with leave to enter or remain who wants to settle with his/her parent, parents, or a relative who lives in the UK and is settled in the UK can apply for ILR anytime because they may be granted Indefinite Leave to Enter from overseas.

Calculation of continuous residence

Continuous living in the UK means you have lived in the UK for that many years continuously and if you went outside the UK during this period it is only within the time limit allowed to you in your existing visa category. Also to understand the date from which the counting starts is important. So, the relevant period is counted backward from the date of application, the date you apply for Indefinite Leave to Remain.

The general rule for absence allowed during the continuous living says that you should not have spent more than 180 days outside the UK in any 1 year. However, there are exceptions to this rule as well in some cases, which applies due to the compassionate and compelling nature of the absence.

Other ILR qualifying criteria

Apart from continuous living in the UK you also need to meet other conditions. They are following as mentioned here:

  1. You should have lived lawfully in the UK during the qualifying period;
  2. You should have passed a Life in the UK test – unless under 18 years or over 65 years;
  3. You should meet the English language requirement at level B 1.
  4. You will need to confirm that there are no criminal convictions against you and also confirm that you were not in breach of UK immigration law.

If you submit any incorrect evidence or try to deceive the Home Office, you may land up with a ban.

Cost of application

Currently, the Home Office fee for the ILR application is £2389 + £19.20 for biometrics additional £800 for premium same-day service is charged when applying for an ILR.

The post-Brexit situation for EU, EEA, and Swiss citizens

Now as a result of Brexit EU, EEA and Swiss citizens will be treated at par with other foreign nationals. So, all the ILR qualification criteria will apply to any new applicant from these countries. Those EEA, EU, and Swiss citizens living in the UK can apply for pre-settled or settled status under the EU settlement scheme if they enter the UK before 2300 hrs on 31 December 2020.

Should you wish to discuss your case for ILR you can contact Visa and Migration Ltd on 02034111261

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Applying for UK Spouse Visa

If you want to enter and live with your spouse/partner in the UK you will need to apply for the partner visa also known as UK Spouse Visa. UK Spouse Visa is a category under the UK family visas allowing non-British spouses/partners to come to the UK and join their married or civil partners who are either British citizens or have settled in the UK or have refugee status or have protection on humanitarian grounds in the UK.

Eligibility for UK spouse visa

You and your partner need to meet certain eligibility conditions in order to make your application for UK Spouse Visa successful. Here are the eligibility conditions.

You need to meet the following conditions for applying for a UK spouse visa.

  1. You are 18 or above.
  2. You must be married to or be in a civil partnership. Whichever you choose it must be recognized in the UK to give your relationship legal validity. Please note – Civil Partnership should be recognised under the Civil Partnership Act 2004
  3. Your relationship with your partner must be a genuine and subsisting one and this needs to be proved on the date of application.
  4. If you are not married to your British partner then you must be the fiancé, fiancée, or proposed civil partner of your counterpart in the UK. If you had a previous relationship or you were married to someone else then you need to prove that any such relation has ended and you are planning to marry or enter into a civil partnership in the UK within the 6 months of your arrival in the UK.
  5. You need to prove that you are able to speak and listen English at Level A 1 at the time of initial application and Level A 2 at the time of extension of leave to remain as a partner.
  6. You need to prove that you earn more or equal to the minimum income threshold to support yourself and dependents (if any) financially. The combined income of you and your partner must be at least £18,600 a year. If you have a child as a dependent, then the income must be £3,800 in addition to the £18,600 a year for the first child and £2,400 for each child thereafter. There are multiple ways to meet the financial requirement.

Your partner must fulfil the following conditions to make a successful application:

  • He/she must be 18 or above
  • He/she needs to be one of the following:
  1. British citizen;
  2. Settled in the UK with Indefinite leave to remain or settled status or proof of  permanent residence in the UK;
  3. Refugee or with protection on the humanitarian grounds in the UK; and
  4. In addition to the above eligibility criteria you and your partner also need to prove that both of you intend to live together permanently in the UK after applying for UK spouse visa.

Documents and information required to submit

You need to submit the following documents when applying for a UK spouse visa.

  • Your passport with an empty page on it;
  • Proof of knowledge of English language requirements such as academic qualification or result of the test that you took;
  • Proof of your relationship with your partner;
  • Proof of your and your partner’s income;
  • Your TB test results if you come from a country where taking a TB test is required.

If you have any document that is not in English or Welsh language then you need to submit a certified translation of the same.

How to apply for UK Spouse Visa?

You can apply online whether you apply from outside the UK or from within the UK. You must have an email address to make an online application.

How long can you stay in the UK on a UK spouse visa?

If you get a UK spouse visa you can stay for 2.5 years initially after which you can apply for an extension for another 2.5 years. Once you complete 5 years as a spouse or as a partner in the UK, you can apply for indefinite leave to remain in the UK.

COVID -19’s impact

If COVID -19 has delayed your marriage or civil ceremony then you don’t need to worry because you can still apply or request for an extension of your stay in the UK.

Get help from Visa & Migration Ltd

If you are applying for a UK spouse visa, you should seek expert’s help so that you don’t leave any chance of a refusal of your application for any reason. Visa & Migration Ltd has a great team of experts who help you on each stage of the application until your visa application is successful.

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Things you should know about Entrepreneur visa extension

An applicant can apply for an extension under the Entrepreneur category until 5th April 2023 if you are already in the UK on a UK entrepreneur visa. If you have lived for a sufficient enough period in the UK and meet other eligibility conditions then you can apply for UK settlement under this route until 5th April 2025.

However, those looking to make a new application for Tier 1 Entrepreneur visa cannot do so as this visa category is closed for new applications from March 2019 and this visa has been replaced by the Innovator visa route.

Eligibility for entrepreneur visa extension:

The eligibility criteria you need to meet in order to apply for an entrepreneur visa extension:

  1. Investment of Funds – You must have invested either £50,000 in cash or £200,000 in cash into one or more UK businesses. The money that you need to have invested mentioned here depends upon the fund your initial application was based upon;
  2. Registration of the applicant as a director or self-employed – You need to register yourself as a director of a new or existing business or as self-employed within the 6 months from the date of arrival in the UK under the entrepreneur visa category.
  3. Proof of being self-employed, a partner or a director – You should be able to prove this 3 months before you make an application for the extension that you have been working as a director or have been self-employed or you have been a partner in a partnership.
  4. Creation of jobs – You must have created at least 2 full-time jobs that lasted for 12 months or more.
  5. Proof of ability to support yourself – You need to prove that you will be able to support yourself and dependents (if any) financially further if you get an extension without seeking public funds.

 

When to apply?

You must apply for a visa extension before your current visa validity expires, however, it is suggested by the Home Office that an application should be submitted within 28 days before the expiry. In any case, the last date to apply for an entrepreneur visa extension is by 5th April 2023.

How to apply for an entrepreneur visa extension?

You have to apply online irrespective of the fact that whether you apply when you are in the UK or outside the UK.

What is the information and documents to be submitted?

You need to submit your biometric information that includes your fingerprints and a photo at a UK visa and citizenship application service point. The appointment at such a service point can be fixed while applying online.

As far as documents that you need to submit are concerned these are the documents that prove that you meet all the eligibility conditions. So, below is the list of documents that you need to submit:

  • Account statement of your business to prove that you have invested at least £50,000 or £200,000;
  • Your registration document as director or self-employed with HMRC;
  • In order to show that you have created at least 2 full-time jobs you can submit documents such as passport, wage slips, salary and tax statements, employment contract, and proof of settled status of the employees;
  • Your income statements such as bank statements to prove that you can support yourself financially during your stay after you get the visa extension.

How to submit the supporting documents?

You can submit the supporting documents online through the online application or you can get them scanned at your UK visa and citizenship application service point.

What is the fee?

You need to pay £1,277 and £19.20 in addition to having your biometrics information taken as part of your Tier 1 entrepreneur visa extension application.

What you can do and what you cannot do?

You can do activities related to your business or businesses where you are a director or you are self-employed in. You cannot do any other activity that is beyond the scope of your business. You cannot seek public funds to support yourself and dependents (if any) and you cannot be absent from the UK for more than 180 days in any 1 year.

How long does it take to get the decision?

You should be able to get a decision on your visa extension application within 8 weeks. However, depending upon various circumstances such as more supporting documents required it may take even longer than 8 weeks.

Can I stay in the UK until I get a decision on my application?

You are eligible to stay in the UK until you get a decision on your application provided you applied before your current visa expired.

Can my family members join me?

and your child above 18 if they are in the UK as a dependent. They need to meet the eligibility conditions to make a successful application.

How to get an expert’s help?

You can see basic things you should know about the Entrepreneur visa extension. However, you must seek expert’s guidance to make a successful application failing which you will have to leave the UK. You can contact the Visa & Migration team anytime to get the best services.

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Challenging deportation

“Deportation” means enforcing the removal of a foreigner from a country. So, the UK Home Office may enforce the removal of an individual for the public good especially when that individual is served a criminal sentence in the UK. A court can also issue a deportation order against an individual. If the Home Office decides to issue a deportation order, you will be informed in writing by the Home Office if it wants you to leave the UK.

 Who can be deported?

Any person in the UK can be deported if the following circumstances exist:

  1. The Secretary of the state deems the person’s deportation to be conducive to the public good;
  2. A person happens to be the spouse, civil partner, or child under the age of 18 of a person against whom the deportation order has been issued;
  3. A person who is above the age of 17 has been convicted of an offence punishable with imprisonment and thus has been recommended for deportation by a court;
  4. In most cases, a foreign national becomes liable for automatic deportation if he/she has committed a criminal offence that carries a custodial sentence of more than 1 year.

Family members of the deportee

You will not be given a deportation order by the Home Office in general if

  1. You are a spouse or civil partner of a deportee, but you have qualified for settlement in your own right or you have been living apart from the deportee.
You are a child of a deportee but
  1. You and your mother or father are living apart from the deportee or
  2. You have left home and established an independent life or
  3. You are married to or in a civil partnership before the deportation order of the deportee came into the prospect.

Challenging deportation order

Can you do something about deportation, or you just have to leave the UK once you get the deportation order?

This is a tough situation for you if you have been issued a deportation order or you are a spouse, civil partner, or a child of a person who has been issued a deportation order and thus you are also being deported along with the deportee. Challenging deportation or applying for the revocation of the deportation order is also not an easy task. You must seek the expert’s guidance.

You can challenge or appeal against a deportation order in the following circumstances:

You need to make representations top the Home Office showing why the deportation order breaches your family and private life in the UK. If the arguments show that your or your families interest will outweigh the public interest consideration then you will have a good case. If the Home Office decides to refuse your representations then you will be granted right of appeal under section 82 (1) b of the Nationality Immigration and Asylum Act 2002.

Revocation does not entitle you entry to the UK

If you are deported from the UK then you need to make representations for revocation of the deportation order and if you are refused you again go through the appeal stage, however, if your challenge is successful, you are not entitled to come to the UK automatically and will need to submit an application for Entry Clearance and meet the requirements of the relevant immigration rules.

If you are looking to challenge the deportation you can contact our legal team on 02034111261

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Everything you should know about the UK points based system

UK Government intends to introduce the new points based system from 0next year. know more about the welcomes hundreds of foreign nationals every year for employment. The country will likely have a well-defined immigration law in place for migrant workers in the UK.

The new system wills after Brexit will treat the EU and non-EU migrants equally. From January 1st, 2021 all EU migrants will also have to apply to get permission to work in the UK under the new Points Based System. Irish citizens will continue to enjoy the free movement to work in the UK.

 

Who can apply under Points Based System?

The current Point based system allows UK employers to hire and bring non-EU skilled workers to the UK for an appropriate job role with an appropriate salary. However with new immigration rules in place, the same will apply to the EU citizens coming to the UK to work or study also.

Under the current point-based visa system the UK has 5 Tier visa categories as the following:

Tier 1 – Tier 1 Entrepreneur Visa, Tier 1 Investor Visa, and Tier 1 Exceptional Talent Visa.

Tier 2 – This category is for skilled workers.

Tier 3 – This category does not exist anymore.

Tier 4 – This category is for all students.

Tier 5 – This category was introduced in 2008 and covers “workers on a temporary basis”

These visa categories grant workers to come to the UK. They can apply under the appropriate Tier depending upon their skill, nature of the job, salary, and other requirements that are there in the different Tiers of visas. You are given certain points for meeting each requirement in the current system.

 

How to earn points?

UK Points based UK Visa system offers points against the following:

  1. Having a job from an approved employer in the UK – 20 points
  2. Having a job offer at an appropriate skill level – 20 points
  3. English speaking ability at a sufficient level – 10 points
  4. Having been offered the minimum salary of £25,600 or more – 20 points
  5. Having been offered the salary between £23,040 and £25,599 – 10 points
  6. Having been offered the salary between £20,480 and £23,040) – 0 points

If all the points are added here the total happens to be 70 points which are the minimum and sufficient points for an applicant to come to the UK under the points-based visa category.

You can also earn extra points as mentioned below:
  1. Having done a Ph.D. in a subject that is relevant to your job – 10 points
  2. Having done Ph.D. in STEM (Science, Technology, Engineering or Math) – 20 points
  3. Having a job offer that has a shortage as designated by the Migration Advisory Committee – 20 points

Now it is important to note that you cannot trade points for the first 3 requirements mentioned here which are to have a job offer from an approved employer in the UK, a job offer at an appropriate level, and English speaking ability at a sufficient level. Only the minimum salary condition can be traded with other things. So, if your salary is between £20,480 (which is the minimum threshold) and £25,600 then you can still get 20 points if you are coming to the UK to work in Health or education center. Similarly, if your salary is between £20,480 and £23,040 and you are not coming to do the work in the health or education sector you can still get 70 points in total if you have a Ph.D. degree in STEM subjects.

 

A new rule coming in for those coming to the UK to study

A new graduate visa will be coming in next year in 2021. This will allow all the students from outside the UK who have completed a degree to stay in the UK for 2 years and 3 years for those who have done a Ph.D.

There will be no cap on the number of students who wish to come to the UK to study.

Visa and Migration Ltd is a private law firm and we provide specialist Immigration advice. If you are looking for representation for visa application under points based system, please contact us on 02034111261. You can also follow us on social media

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7-year child Parent Route

On the basis of a 7 year child parent route, one can regularize their status in the UK. This allows a child below 18 years of age living in the UK based on his/her private life. Paragraph 276ADE of the Immigration Rules provides children to apply under Article 8 to private life.

Significance of 7 years residence

In 2012 the idea of 7 years was re-introduced with new criteria added to it. The new criteria were to check if it would be unreasonable for the child to leave the UK. Until 2008, 7 year’s rule was a concessionary policy and in 2012 it became a part of the immigration rules which say that 7 Years of continuous residence is a sufficient period for a child to integrate and adapt to life in the UK. This acts as a critical factor when the Home Office has to decide whether to grant leave to remain status or not in the best interest of the child.

Basic eligibility condition

You must prove the below points at the time of the application:

  • You are under 18;
  • You have lived in the UK continuously for at least 7 years (discounting
    any period of imprisonment);
  • You are already living in the UK; and
  • It would be unreasonable to expect you to leave the UK

However, just meeting these conditions does not guarantee you leave to remain in the UK. It is upon the discretion of the Secretary of State for the Home Office to decide what would be appropriate for the welfare and in the best interest of the child. A child’s immigration status heavily depends upon the history of the immigration status of his/her parents. Parents with poor immigration history do not lay a strong base for their children. So, the Home Office may decide against granting the leave to remain to the child because they feel that there is a high probability of the child leaving the UK with his/her parents.

Not reasonable for the child to leave the UK

In 2012, the new criteria were added in the 7 year child parent route category. This stated that along with 7 years of residency rule it should also be checked if it would be unreasonable to expect the child to leave the UK. How does the Home Office determine this? Well, the Home Office has guided for this. The factors which are considered to check this are the following:

  • There would be a risk to the health of the child. For example, the child is
    suffering from a life-threatening disease and going through a course of
    treatment in the UK.
  • In such a case, if the child is removed to a country where the child would be returning where the treatment is not available for the disease then it would not be reasonable to remove the child from the UK.
  • Would it be reasonable for the child to return with his/her parents?
  • The extent of wider family ties in the UK
  • The extent of association of the child he/she would return to. In this regard, various factors have checked that include

1. Access to citizenship to that country,
2. Child’s ability to speak, read and write a language of that country,
3. Whether the child has previously visited or lived there,
4. The extent of social and cultural ties to the place,
5. The network of family and friends there,
6. Has the child attended school there previously?

How long the child can stay on limited leave to remain

If the child’s application is successful, he/she is granted to live in the UK for a period not exceeding 30 months.

Applying for ILR

Once the 10-year residency is completed by the child in the UK, he/she should be eligible to apply for indefinite leave to remain under the 10 years route to settlement.

7 Year child-parent route for the parents

A UK family visa allows you to live in the UK for more than 6 months. So, through the 7 years child’s residency route you as a parent can apply for it provided your child must be under 18 at the time of application and should have been living in the UK continuously for the 7 years and it would be unreasonable to expect that the child would leave the UK.

How can Visa & Migration help you?

Child’s future depends upon his/her immigration status. So, it is important they make the application in the right manner knowing the possible outcome. We come in here for the required help to minimize your effort, time, and money. You can seek help from a reputed agency like Visa & Migration when looking to make an application under the 7-year child-parent route to regularize the immigration status irrespective of whether you are the parent of the applicant child or the applicant yourself.

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Indefinite Leave to Remain (ILR) after 5 years Requirements and Eligibility

ILR or indefinite leave to remain is for people who have immigrated to the UK and don’t have the right of abode in the UK. ILR is the final hurdle before applying for British Citizenship. Holding ILR allows you to continue to stay in the UK for work, study, or to live in the UK.

You can apply for Indefinite Leave to remain ILR after 5 years/ 60 months of continuous residency in the UK in categories such as Appendix FM, Appendix EU, Sole Representative, Tier 1 or Tier 2 categories.

Eligibility For ILR

A 5-year or 60 months of continuous residency is required in most of the categories, however, for example, those on Tier 1 visa holders can apply for ILR after spending 2 or 3 years provided they meet the requirements of relevant Immigration Rules.

In most cases –

  1. You must not have spent more than 180 days outside the UK in each of the qualifying period of 5 consecutive years from the date of your application (this requirement is not applicable to Appendix FM route if the couple was living together outside the UK or there are compassionate and compelling circumstances);
  2. You are of “Good Character” and your application does not fall under the general grounds for refusal;
  3. You have passed the “Life in the UK” test to prove sufficient knowledge about life in the UK; and
  4. You meet the English language requirement at level B1 of the Common European Framework of Reference for Languages

Those applicants who are either married to or in a civil partnership with a British Citizen or a settled person and they arrived in the UK for permission to stay as a spouse or partner before 9 July 2012 on need to meet 2 years of continuous residence in the UK condition.

How to apply?

Applicants can apply online. You can use SET (M) form if you are a partner of a British Citizen or one who is settled in the UK. Others can apply using the SET (O) form.

When to apply?

You must apply before your current visa expires. You can apply not more than 28 days before the last day of your permitted staying period in the UK. Your permitted time duration in the UK is calculated from either the day you entered the UK or from the day you were granted permission to enter the UK originally, provided you entered the UK within 3 months of the granted permission. If you did not enter the UK within 3 months of receiving the visa or grant then you will need to extend your stay to complete the 60 months or 5 years.

Documents Required for ILR

Everyone’s circumstances are different and different documents apply in each case, however, general documents required when making an application for Indefinite Leave to Remain (ILR) after 5 years are –

  • Your passport or any travel document as your identity proof;
  • Biometrics;
  • Documents such as bank statements or salary slip to prove your current level of income as evidence that you can support yourself and dependents (if any) further;
  • List of days outside the UK;
  • Your “Life in the UK Test” pass notification; and
  • An English language test certificate.
Applying with dependents

If a child has completed 60 months in the UK then they can apply with their parents, however, children born in the UK can apply for Registration to become a British Citizen after the parents have received ILR. Children above 18 years of age need to apply separately and also meet the requirement for English and pass Life in the UK test.

Post-Brexit changes for EU, EEA, and Swiss citizens 

Things have changed after the UK decided to leave the EU in 2018. Now, the UK has decided to treat the EU, EEA, and Swiss citizens and other non-British citizens equally from the day the UK officially leaves the EU. However, those EU, EEA, and Swiss nationals already living in the UK can apply for either “Settled Status” or “Pre-settled” status under the EU Settlement Scheme (EUSS) depending upon mainly the time spent by them in the UK.

Support from trusted names like Visa & Migration

You can seek support from us anytime during the process of making an application for Indefinite Leave to remain ILR after 5 years. We have a team of experts who provide you with all legal support towards your application process and make your ILR application a success.

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