Evidence Requirement for 10 years long residence

You can apply to settle in the UK based on long residence. This route was previously known as Long Residence concession, which means that – a person who has lived in the UK for 10 continuous years lawfully can apply to settle in the UK.

Settling in the UK means that you get “indefinite leave to remain” in the UK that allows you to stay in the UK without any time restrictions.

Calculating Continuous residence

Continuous residence is the time that you spend in the UK without breaching immigration restrictions, which means that you have not overstayed in the UK and have been present in the UK lawfully.

The main clauses of continuous residence are –
  • You can be out of the UK for up to 180 days at a time and 540 days in total during 10 years;
  • Any period spent in prison, young offender institution, secure hospital, Ireland, the Isle of Man or the Channel Islands cannot be counted while calculating continuous residence;
  • The time period of continuous residence for 10 years starts from
  • living for 10 years of continuous years in the UK. The starting day for the calculation of 10 years qualifying period happens to be either the date when you arrived in the UK with a visa or the date when you were permitted to stay in the UK.
  • The period of pending application or appeal under Section 3C and 3D can be counted as continuous;
  • If you went out of the UK with a valid visa and came back with a visa

Eligibility

First, you need to meet the eligibility conditions to apply to settle based on long residence.

The eligibility conditions are the following:
  1. You must have leave to enter or remain in the UK.
  2. You must have been lived in the UK lawfully for 10 years.
  3. You must have maintained the terms of your visa without breaching any immigration law.
  4. If you are aged 18 to 65 you must pass the Life in the UK test and also prove the English language skills required.
  5. There should be no reason based on public interest for you to be denied the ILR status.

10 years long residence documents required

If you meet the necessary eligibility conditions you can apply to settle in the UK. However, you also need to submit the necessary documents to apply. These documents
that you must submit are the following:

  • Your current passport or other valid travel ids.
  • Two identical passport size color photographs of yours.
  • Your BRP (biometric residence permit), if you hold one.
  • All the passports you held during your stay in the UK.
  • Other supporting documents depending upon your immigration status.

You should provide all the documents in English or Welsh Language. If any document is not in the English language then you need to submit a certified translation of all such documents.

When to apply

You should apply to settle in the UK based on long residence before your current leave to remain in the UK expires. You only need to meet the eligibility conditions to apply for the ILR. You must be in the UK to make your application.

Expert services for ILR based on 10 years residence 

Visa and migration have years of experience in making successful applications for the settlement in the UK on 10 years basis.

We have a successful record of advising our clients for ILR long residence applications. You can also get the best immigration services from us when required.

How to apply for a visa as the parent of a child in the UK

The UK Immigration Rules allows a parent to come to the UK to live with their child in the UK. You can apply for a visa as the parent of a child in the UK to take care of your child. However, if you can apply as a partner you should apply for a partner or spouse visa instead of applying as a parent. So, you can come to the UK, remain in the UK and settle in the UK as a parent of a child who is either a British citizen or is settled in the UK provided you meet the eligibility conditions.

 Eligibility requirements for parent applicant
  • You must be 18 or above 18.
  • You must have a genuine and subsisting relationship with your child.
  • You are outside the UK. If you apply in the UK, your child must have lived in the UK for 7 years continuously at the time of your application and it would be unreasonable for them to leave.
  • You must have sole parental responsibility or shared responsibility for your child. If you have shared responsibility then the other parent or carer of the child must be:
  • Either a British Citizen or settled in the UK.
  • Not your partner.
  • You must have access rights to your child in person if the child is living with the other partner or carer. You can get the access rights through either the agreement from the other partner or carer or by a court order.
  • You must prove through evidence that you are taking an active role in raising the child and you plan to continue it.
  • You must meet the maintenance and accommodation requirements. This means you need to prove that you can support yourself and your child sufficiently without seeking any public fund.
  • You must prove that you have good enough knowledge of the English language.
Eligibility requirements for your child in the UK
  • Your child must be under 18 or under 18 when you were first granted leave and not live an independent life.
  • He/she must be a British Citizen or settled in the UK.
  • He/she must be living in the UK.
Fee

Depending on whether you apply in the UK or outside the UK, you need to pay a different fee for the parent of a British child visa UKIf you are applying in the UK, you need to pay £1033 + Immigration Health Surcharge and biometric fee. If you apply outside the UK, you need to pay £1523 + Immigration Health Surcharge.

How to apply?

Whether applying in the UK from outside the UK, you must apply online.

How long you can stay in the UK?

If you are granted the visa, you will be allowed to stay in the UK for 2.5 years and after this, you need to apply for an extension if you want to live further.

How long does it take to get a decision?

If you apply in the UK it takes up to 8 weeks and if you apply outside the UK it takes up to 12 weeks to get a decision on your visa application. It may take longer also depending on your circumstances.

Adding other children as dependents

If you want to apply for more than one child, you can do it by adding them to your application as dependents. Children that you want to add as dependents must be below 18 years of age or they were under 18 at the time they were first granted leave on a family visa and they are not living an independent life.

How we can help?

Applying for the visa as the parent of a child in the UK is a complex process. As immigration lawyers, we will provide you with the relevant immigration advice and services to make the application process easy for you and achieve success.

UK Visa Administrative Review: faqs, fees, and processing time

Visa refusal is quite evident in the UK. Hundreds of visa applications are refused every year for various reasons. Once a visa application is refused applicant may have 3 options to exercise. The applicants can apply for  –

  1. A fresh application.
  2. An administrative review and
  3. An appeal.

The applicant is informed about his/her right to go for either administrative review or an appeal in the refusal letter sent from the Home Office.

 UK visa administrative review FAQS 

There are some frequently asked questions related to UK visa administrative review. Let us see them here.

 What is an administrative review?

Administrative review is a process to seek a review of your visa application conducted by a different home official. You can seek administrative review only if you believe that there is an error in decision making from the Home Office on your visa application despite the submission of all the correct documents. You cannot submit fresh information or documents in this process unless you are asked to.

Administrative review applies to point-based visa categories such as Tier1, Tier2, Tier 4 or Tier 5.

What is the time limit for an administrative review?

If you are outside the UK, you must apply for an administrative review within 28 days of getting a decision on your visa application.

If you are in the UK, you must apply within the 14 days of getting the decision.

 How much does an administrative review cost?

You need to pay £80 as a fee for it if you apply in the UK. You can include any dependent also whose application has been refused with yours at no extra charges. It costs you nothing if you apply from outside the UK.

How to apply for Administrative review?

You can apply online whether you apply from outside the UK or in the UK. Your refusal letter sent to you will tell you how to apply. Errors that you point out in your application will be checked out.

 How long does it take for a decision on Administrative review?

You should ideally get a decision on your administrative review application within 28 days. But if it is going to take more than 28 days, you will be notified about the same in writing.

Can I stay in the UK?

If you apply for an administrative review inside the UK, you can legally stay in the UK for 14 days (time allowed to apply for administrative review) after refusal and after that, you can continue to stay in the UK until your review has been completed.

What if my review application is successful?

If you get a decision in your favour against your review application, the original decision from the Home Office will be withdrawn. You will be granted leave to remain in the UK with a Biometric Residence Permit visa card.

What if my review application is unsuccessful?

You can apply for a judicial review within the 3 months of the decision.

Can I apply for a second review?

No, you cannot apply for a second review unless there are new reasons that come out in the review the process as a ground of visa refusal.

Can I withdraw my request?

Yes, if you make new immigration or visa application your request for administrative review will be withdrawn.

You must apply carefully for administrative review as it involves time and money. You should seek expert’s guidance on it.

At visa and migration, we provide full support for making administrative review application. You can contact us if you need an expert’s support.

 

 

How to appeal against UK spouse visa refusal

Refusal of any kind of visa application is bad. UK spouse visa refusal is even worse because you cannot join your partner in the UK. However, you can appeal against the decision of the Home Office. You will be informed about the right to appeal in the refusal letter.

 Who can appeal?

Applicants who wish to join his/her married partner who is a British citizen can apply for a UK spouse visa. But if your visa is refused for one of the several possible reasons you can either apply for a fresh application or you can make an appeal against the decision. You will be informed about whether you have the right to appeal or not in the visa refusal letter sent to you by the Home Office.

 How to appeal?

If you feel that the Home Office did not apply the law correctly while making their decision on your visa application, you can go for an appeal. You will be given a right to appeal to the First-Tier Tribunal Immigration and Asylum Chamber.

You can apply from within the UK and from outside the UK. When you want to appeal from within the UK, you must do so within the 14 days from the date of the decision. When you want to appeal from outside the UK, you must do so within 28 days after getting the decision. If you fail to apply within the time mentioned here and you still wish to apply you must explain the reason to the tribunal. Tribunal will decide if it can still hear your appeal or not. You can appeal online or through the post or fax.

 The process of appeal

You can ask for an oral hearing. You need to either provide further evidence or need to prove that evidence that you submitted is sufficient. However, having an oral hearing will be decided by the tribunal whether you ask for it or not.

If the tribunal decided to give an oral hearing you will be informed about this and then you can attend the hearing. If no oral hearing is given to you, a judge will make a decision on your case based on your appeal form and the documents provided.

Usually, all hearings take place in public but if you want it in private, you can place a request sighting the reason for it. You also have the right to ask for a male or female judge but the decision on it will again be taken by the tribunal only.

 Fees for an appeal against the UK spouse visa refusal

The fee for an appeal is £80 if there is no oral hearing while £140 if there is a hearing. But if get asylum support, legal aid or services from your local council and you are under 18 you may not have to pay a fee at all.

 Getting a decision on your appeal

The tribunal will decide either in favor of your appeal or reject your appeal. If the tribunal allows your appeal it may simply mean that the Home Office needs to reconsider its decision. If you win the appeal Home Office will change its decision and you will be allowed to stay in the UK with your spouse. If your appeal is rejected then you may have to leave the UK.

You will be given the decision in person or by post by the tribunal. You will get a copy of it within the 4 weeks of the hearing.   You can appeal against the decision of the tribunal also.

Get support from Visa and Migration

Visa and migration is a specialist in providing you with all advice and immigration services. We provide all kinds of support related to UK visa spouse refusal and other visa supports.

Read another blog  on How to Appeal if Your Spouse Visa is Refused

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EU Nationals and Family members

 

EU Nationals

European Union or EU is a union of 27 member states. All these EU states are primarily located in Europe. Some major EU member states are Austria, Belgium, Bulgaria, Croatia, Germany, the Czech Republic, France, Finland, Spain, and the UK. Citizens of these countries are called EU Nationals or EU Citizens.

 EU nationals living in the UK after Brexit

The UK left the European Union on 31st January 2020 as a result of Brexit. Now, all EU nationals living in the UK need to apply for the EU settlement scheme if they wish to continue living in the UK. You will get either a “settled” or “pre-settled” status as a result of your application. Which status you get will depend on when you apply. However, you must have started living in the UK by 31st December 2020 to get one of these two statuses.

Currently despite the Brexit, all EU nationals will enjoy all their rights and status in the UK until 30th June 2021. If you wish to continue enjoying all your rights and status after 30th June 2021, you must apply for an EU settlement scheme.

 EU settlement scheme

EU settlement scheme allows all EU nationals and their family members to continue living in the UK after Brexit. All those who get a successful decision on their application will get either settled or pre-settled status. The last day to make an application is 30th June 2021.

Settled Status & Pre-settled status

If you started living in the UK by 31st December 2020 and you have been in the UK 5 years or more, you will be given settled status.

If you don’t meet 5-year continuous living in the UK condition you will get Pre-settled status. With pre-settled status, you can stay in the UK until you complete 5 years here, after which you will be eligible to get a settled status.

Family members of EU nationals 

Family members of EU nationals can be an EU national or non-EU national and will need to apply under the EU Settlement Scheme

 Family members of EU nationals after Brexit

Earlier one could apply for a family permit to join their family member in the UK. However, after the Brexit, the scenario has changed. All family members of EU nationals who wish to continue living with them in the UK or join them in the UK and live with them after Brexit need to apply for the EU settlement scheme, EU settlement scheme family permit or EEA family permit. Which scheme you need to apply depends on your nationality and relationship with an EU national living in the UK.

 Eligibility for your family members

If your family member is also an EU national and they are or they come to the UK by 31st December 2020, they can apply for the EU settlement scheme to continue living in the UK.

However, if they fail to be in the UK by 31st December 2020 you may be able to still join you in the UK but under the new law which is likely going to be announced by January 2021.

  1. Family members who are EU nationals but not in the UK by 31st December 2020

If your family member who is an EU national fails to be in the UK by 31st December 2020, they can join you in the UK provided the following conditions are met:

  1. You must already have either settled status or pre-settled status.
  2. Your relationship must have begun before 31st December 2020. However, if your family member is a Swiss Citizen the date applicable is 31st December 2025.

 

  1. Family members who are non-EU nationals

If your family member is a non-EU, non-EEA and non-Switzerland national, they can apply for EU Settlement scheme family permit or EEA family permit to join you in the UK. However, in both cases, your family member must be outside the UK.

Close family members of EU nationals with settled or pre-settled status in the UK can apply for the EU Settlement Scheme Family permit. Close family members include spouse, civil partner, dependent child or dependent parent of an EEA national.

Close or extended family members can apply for an EEA family permit. The extended family includes brother, sister, aunt, uncle, cousin, nephew or niece.

If you are looking to apply for yourself or your family member contact Visa and Migration ltd on +44 (0)2034111261

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Visa Refused – What to do next ?

Visa refusal is quite common. The applicants themselves can make a mistake or may not include the relevant evidence in support of the application which leads to a refusal of the application. In some cases, there may be incorrect consideration due to which the applicant can also be refused.

The simplest and most common reason for the visa refusal is incorrect submission or omission of details in the application form. Similarly not attaching required documents is also one of the most common reasons for visa refusal. Like this, there are other reasons why your visa application may be refused.

 Once your visa application has been refused what can you do? Well, you can apply a fresh application correcting the mistakes pointed out as a reason in the refusal letter. You can seek administrative review – if granted the right to do so – or go for an appeal against the decision if you have been granted the right of appeal.

In cases where you do not have a right to administrative review or right of appeal, you can only challenge the refusal by way of Judicial Review – where your case is looked by an independent judge.

Generally, you are always informed by the UK Home Office in your refusal letter whether you are entitled to the administrative review/appeal or not and also includes the reasons for refusal of your application.

 Administrative Review

Administrative Review is granted if you are detained at the border, upon refusal of a point-based system application and there is a strict timeline to 7 days if you are detained, 28 days if you made an application from outside the UK and 14 days if you made an application from within the UK

 UK Visa Appeal

You can appeal against the decision to the tribunal only if you have been granted the right to appeal. You will be informed about it in the refusal letter from the Home Office. You can appeal in the following conditions:

  • The Home office has refused your protection claim/asylum claim/humanitarian protection.
  • There is a refusal of your human rights claim.
  • You got a decision under the European Economic Area (EEA) Regulations like the Home Office has decided to deport you or refused to issue you a residence document.
  • A decision to revoke your protection status has been given.
  • British citizenship is being taken away.

 If you are appealing in the UK, you can appeal within the 14 days of receiving a refusal letter. If you are applying for appeal from outside the UK, you have 28 days to appeal after receiving the refusal letter. If you apply after the deadline, you must explain the reason for appealing late. In this situation, the tribunal will decide if it can still hear your appeal or not.

You can file your appeal form with supporting documents. After this, there will be hearing of your appeal by a judge who will hear your case and usually judgment is given in 3-4 weeks. You will get the judgment in writing, however, you should keep in mind that the appeal process can be lengthy and expensive

Reconsideration

The UK rules provide a right of reconsideration if your application has been refused for NTL, TOC or you made an application to extend your leave, switch your visa or settle in the UK. It is important to note that this provision generally applies to applications made inside the UK, however, you can always request reconsideration.

Generally, an application made within the UK will only be reconsidered if –

  • new evidence about the date of the application
  • new evidence to prove that your documents were authentic
  • evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision
Judicial Review

If you intend to challenge the decision via a Judicial Review this must be done within 3 months from the date of the decision to refuse. Judicial review is a stage-wise process and in some cases can be lengthy and expensive and you should always seek professional assistance with this because if you get something wrong then the case may be thrown out of the court.

Seek expert’s advice throughout 

You should seek an expert’s advice when you are making a visa application for the first time so that there is no chance of visa refusal. However, if you did not do so, you must seek expert advice after the visa refusal. This is vital because all the preparation and presentation of your case will be done now by an expert representative which gives you the maximum chance of decision coming in your favor.

If you need expert advice for UK Visa refusal, get in touch with our experts now, call +44 (0)20 3411 1261 or visit www.visaandmigration.com

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UK Family Visa – Things you must know

UK Family Visa

If you wish to join your family member in the UK who is a UK resident and you intend to join them for more than 6 months, you need to apply for a visa in a relevant category. If you are outside the UK you can apply to join your UK resident family member provided you meet the requirements of relevant Immigration Rules. If you are already in the UK on a family visa, you can apply to extend your stay before the time allowed for you to stay in the UK gets over.

 Who can you join in the UK on Family Visa?

You can apply for the UK family visa if you want to live with the following:

  • Your spouse or partner who is British or holds Indefinite Leave to Remain in the UK
  • Your fiancé, fiancée, or your proposed civil partner who is British or holds Indefinite Leave to Remain.
  • Your child under 18 who is British.
  • Your relative/ parent/ Grandparent who will take care of you for the long term if you are sick, disabled or simply aged and they are joining a person in the UK who is British or holds Indefinite Leave to Remain.
  • Your spouse/partner present in the UK on a Point Based System category – you will need to make a dependent application for this category
  • EEA/EU family members can apply under the Appendix EU of the Immigration Rules

Apart from these, you can also apply based on private or family life if you have lived in the UK for several years already provided there are insurmountable obstacles or compassionate and compelling circumstances. You can also apply as a widowed partner of a former UK National if you were granted leave to enter or remain as a spouse previously.

Eligibility

For a successful family visa application, you need to prove the followings:

  • You have a genuine relationship with your family member in the UK.
  • The relationship is legally recognized in the UK
  • You intend to live permanently with your family in the UK.
  • You have a good knowledge of the English language. However, in some cases, you are exempted from this condition such as you are under 18 or over 65 or you have long term physical or mental health problems;
  • You will need to meet the maintenance and accommodation requirement;
  • Your criminal record is clean and there is no serious or outstanding conviction against you; and
  • You meet the relevant requirements of the Immigration Rules

Apart from these general eligibility conditions, you also need to prove different conditions about the specific family visa category. For example, if you are joining as a partner you need to prove that you both are above 18 and you are either married, civil partners, engaged with an intention to get married within 6 months or you both have been living together in a relationship for more than 2 years. You may also need to fulfil the financial requirement in some cases, unless you are exempt due to the partner receiving PIP, DLA or Carer’s allowance

How long it takes to get a decision?

Usually, it takes 8 to 12 weeks from the application date to get a decision from outside the UK and from 8 weeks to 6 months from inside the UK. You can also get a faster decision by using the super-priority service.

What you can do and you cannot do after the visa is granted

Once you get a successful decision on your UK family visa application you are allowed to work and study in the UK. However, if the purpose of your visa application or extension of your stay in the UK is to get married or become civil partners, you cannot work or study in the UK unless you are granted leave to remain in a relevant category.

You are generally not allowed to seek any benefit or public funds to meet the financial requirements of your own or any dependent.

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UK Sole Representative Visa – An Overview

There are lots of opportunities for businesses in the Uk. This is why many overseas companies want to establish their businesses in the UK. The UK also welcomes them. So, if a company wants to send its representative to the UK to establish a branch of their business in the UK, they can apply for Sole Representative Visa.

A sole representative visa allows a senior employee of an overseas company to come to the UK to set up and run a business unit in the UK. This business unit can be a UK branch or wholly-owned subsidiary of the overseas parent company.

 UK Sole representative visa requirements

You need to meet the following visa requirements for a successful application.

  • You must apply from outside the UK and EEA.
  • Your company must be a genuine business.
  • You must be recruited and employed by a company whose headquarter and other offices are outside the UK.
  • You must be recruited and employed outside the UK.
  • You must be a senior employee in the company.
  • You must not intend to take an additional job anywhere else.
  • You must have deep knowledge and experience in the industry.
  • You must hold a senior position in the company but at the same time, you cannot be a major shareholder. You must also have full decision making authority on behalf of the company.
  • There must not be a branch, subsidiary or another representative already present in the UK. This has to be the first commercial presence of the company in the UK. It can be a registered branch or a wholly-owned subsidiary. However, you may still be eligible to apply if there is a legal entity of the business in the UK that does not employ staff or transact business.
  • You must have enough money to meet your financial requirements without seeking any public funds.
  • You must meet the English Language requirement.
Documents to be submitted

In order to apply for a sole representative visa, you need to submit various documents along with the application. These documents are the following:

  • Your current passport or any other valid travel identification that allows you to travel to the UK.
  • You need to provide evidential documents to prove that you can support yourself and dependents (if any) during the time you are in the UK. These supporting documents can be bank statements or salary slip for the last 6 months.
  • You need to submit a decent business plan showing the objective of your company and validating the need for a representative office in the UK.
  • You need to submit details of your accommodation in the UK during your stay there.
  • Documents such as account statements of your company to prove that your company is a genuine one.
  • A contract between you and your company.
  • An appointment letter from your company that tells why you are being sent to the UK.
  • Your TB test results if you are coming from a country where you have to take the TB test.
 How to apply

If you are applying for the first time you can only apply from outside the UK. You need to apply online. If you are already in the UK, you can only apply to extend your existing visa.

 When to apply

You can apply no more than 3 months before you travel to the UK.

 Cost of application

The fee for a sole representative visa is £610 as of now.

 How long can you stay in the UK?

After a successful visa application initially you are granted a 3 years stay in the UK. After completing 3 years, you can apply for an extension of your visa for another 2 years.

You can visit www.gov.uk website for more information.

 Bringing your family to the UK

If you are in the UK on a sole representative visa, you can bring your family members such as your spouse, civil partner and children below the age of 18. However, they must have a valid visa to come to the UK if they are from outside EEA or Switzerland. You cannot bring your parents, siblings or any extended family members.

If you require our professional advice or assistance in applying for your Sole Representative Visa, you can speak with our lawyers on +44 (0) 2034111261 or book an appointment on our website www.visaandmigration.com

 

 

 

 

 

 

 

Guide to UK Immigration for Doctors

UK needs and allows people from various professions to come to the UK workforce. Doctors are also welcome in the UK. However, migrating doctors to the UK from outside the UK and EEA needs to know the law and process of it. Immigration laws in the UK are complex and multi-layered. So, it is always good to have the basic knowledge of it.

 Basic Guidance for doctors looking to come to work in the UK

 Medical professionals and citizens of EU/EEA nations

If you are a doctor and an EEA national, you can come to the UK to work. You don’t require applying for any visa or a job offer in hand to come to the UK to work as a doctor. However, you do need to pass the English language test. Medical graduates from EEA countries also need to apply for registration.

 For medical professionals and citizens of non-EU/EEA nations

Non- EU nationals and medial graduates and professionals looking to come to the UK to work as doctors need two things. The first is to get a registration and license in the UK and the second is to get a valid visa.

 Registration and license

If you want to practice medicine and exercise legal privileges like writing prescriptions and signing in death certificates that come with it, you need to be registered and obtain a license. As a doctor, you need to have one of the three types of registrations. The type of registration you need to obtain depends on the role and level of responsibility you will perform in your job. Three types of registration are Full registration, Limited Registration, and specialist Registration.

 Full registration

Full registration is not for everyone. This is for those who want to take a job as a doctor who gets paid and is unsupervised in the UK. Only such applicants need to obtain full registration from the GMC.

Those EEA nationals who are qualified medical professionals in an EEA country are eligible for full registration. Qualified doctors from some other countries like Australia, New Zealand, Singapore, South Africa, Malaysia, and the West Indies may also qualify for full registration.

 Limited Registration

If you are looking to work within the NHS at supervised training posts, you must get a limited registration. Such applicants must ensure that their primary medical qualification is recognized by the GMC.

Doctors with limited registration can apply for full registration later when they can prove their skills and knowledge and attitude.

 Specialist Registration

Specialist registration is for those who are looking to work as a consultant for the NHS or who want to practice unsupervised in a private hospital or a clinic in the UK.

 Visa requirement

Tier 2 visa allows non-UK non-EU national workers/professionals including doctors to come to the UK to work. So, non-UK and non-EEA doctors who want to practice medicine in the UK need to apply for a Tier 2 visa. They need a job offer, certificate of sponsorship from an employer in the UK to apply for a Tier 2 visa. After getting the Tier 2 visa they can practice as a doctor in the UK.

 Tier 2 visa and eligibility 

UK employers can employ non-UK and non-EU professionals such as doctors to fill vacancies which they cannot fill with UK and EU nationals. This is possible under the Tier 2 visa. So, Non-UK and non-EU doctors need to apply for Tier 2 (General Visa) to work in the UK. Those who have ILR status in the UK don’t need to apply for any visa.

You need to meet below conditions to be eligible to apply for a Tier 2 visa:

  • You must have a job offer from a UK employer.
  • You must be offered an appropriate salary.
  • The job offer made to you must meet the Resident Market Labor Test (RLMT) unless there are some exemptions available to it.
  • Your employer must be a licensed Tier 2 sponsor in the UK who then must offer you a certificate of sponsorship.
  • You must have personal savings to support yourself when you arrive in the UK.
  • You must meet the English language requirement.

 

 

Administrative review of UK visa refusal

Visa refusal is sad but unfortunately true. Hundreds of visa applications are rejected in the UK every year for various reasons. Applicants should avoid the common reasons for refusal in the first place. Common reasons include wrong filling of the visa form, not following the format appropriately, not submitting required documents, hiding information and so on. If you have taken care of these common issues on your own or through expert’s services you have minimized the chances of visa refusal. However, visa refusal happens on other grounds as well.

 Administrative Review

If you feel that you deserve a successful decision on your visa and your visa application has been refused you need to know the options you have in such a situation. You can accept the decision, you can apply a fresh application and you can go for administrative review or appeal.

In your letter of refusal by Home Office, you are told if you are eligible for administrative review or not. If you are, you can go for it. Depending upon whether you are in the UK or outside the UK, different conditions need to be met in order to ask for administrative review.

Administrative review means you are seeking a review of your visa application conducted by a different home official. You can go for administrative review only if you feel that the Home Office has made an error in decision making while refusing your visa despite the submission of all the correct documents. Administrative review does not allow you submission of any new document or evidence.

 

Review when you are outside the UK

You can seek administrative review provided following conditions apply:

  • You are outside the UK.
  • You have applied outside the UK.
  • Your visa application refusal date is 6th April 2015 or later.
  • You have not been granted the right to appeal in your letter of refusal.
  • You did not apply as a visitor or a short term student.

Those seeking administrative review from outside the UK must apply for it within 28 days of getting the refusal decision.

 

Review when you are in the UK

If you are in the UK you can seek administrative review if your visa has been refused or your application has been granted but you are not satisfied with the period of leave to remain or conditions of your leave.

If you are seeking a review when you are in the UK, you must do it within 14 days of getting the decision. If you have been detained you must apply within 7 days.

 How to apply?

You can apply online in both cases. You need to pay £80 as a fee for it if you apply in the UK. It costs you nothing if you apply from outside the UK.

In a situation where you got the visa decision in your favor but you are unhappy with the period of leave to remain or conditions of your leave, you must email the Home Office for it. You must do it within 14 days of getting your biometric residence permit.

 A decision on administrative review

No matter you apply from outside the UK or in the UK, you should expect a decision on your review within 28 days. But if it is going to take more than 28 days, you will be notified about the same in writing.