Best interest of children

Article 3(1) of the United Nations Charter on the Rights of the Child (UNCRC) states “In all actions concerning the child, whether undertaken by public or private social welfare institution, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration…”
The UK also lifted its reservation to follow the UN Convention on the best interest of children a decade ago which means that the UK also has immigration rules and treaties with other countries to keep the best interest of a child or group of children. Section 55 of the Borders, citizenship and immigration act 2009 in fact mandates Home Office and others to keep the best interest of children while making a decision. This is to safeguard
and look after the welfare of immigrant children to the UK.

Supreme Court’s new decision in the best interest of children

The Supreme Court of UK while handing down judgment in a case made important findings that should be kept in mind by authorities when considering an application related to child/children to the Home Office.

  • Under the immigration rules, it should be considered that whether a child has lived in the UK for 7 years continuously or not irrespective of any record of the criminality of the child’s parent. If a child has lived for 7 years continuously in the UK and it can be demonstrated, he/she should be granted leave to remain in the UK if it is in the best interest of the child and it would be unreasonable for the child to leave the UK even if the child’s parents are found to be guilty of criminality or misconduct.
  • If it can be demonstrated that a child has lived in the UK for 7 years continuously and it would be unreasonable for the child to leave the UK, a parent should also be granted leave to remain in the UK if he/she shares a genuine and subsisting relationship with the child.
  • Generally, it is considered that it would be reasonable for a child to leave the UK if the child’s parents are to be removed from the UK. Supreme Court noted that if it would be unreasonable for the child to leave the UK with his/her parents, the child/parents should be granted leave to remain in the UK.

ZH (Tanzania) v SSHD (2011) – that – “in making the proportionality assessment under article 8, the best interests of the child must be a primary consideration. This means they must be considered first. They can, of course, be outweighed by the cumulative effect of other considerations.”

It is important to note that the child’s best interest is “a primary consideration” and not the only or paramount consideration. So cases relying on the child’s best interest need to show why and how the child’s interest would be compromised. The Home Office will also consider other factors which may outweigh the best interest, for example in cases
where a person may have been given a criminal sentence for more than 4 years – so the public interest may outweigh the best interest of the child. It all depends on the personal circumstances of individual cases.
If you are looking for support of representing your application in the best interest of the children, please do not hesitate to contact Visa and Migration Ltd on 02034111261

The new asylum system

The UK allows refugees to seek asylum in the country that enables them to stay in the UK. To seek asylum in the UK, you must leave your country and also be unable to go back because you fear a possible persecution.

Eligibility under the current system

If you feel unsafe in any part of your country because you have a fear of persecution, you can seek refugee status in the UK. Persecution maybe because of the following reasons:
· Nationality
· Race
· Religion
· Political opinion
· There may be other reasons like gender, sexual orientation etc. that put you at risk of persecution because there is social, cultural or religious etc. situation in your country leading to the possibility of such persecution.

The first thing that you need to do in your country is to seek protection from authorities and if you fail to get protection then only you can seek asylum in the UK.

When will your asylum claim be refused under the current system?

Not all asylum claims are acceptable in The UK. Your claim may not be considered if
· You come from an EU country
· You have travelled to the UK through a ‘safe third country
· You have already a connection to a safe country other than your own country and UK where you could claim asylum

Applying for family members under the current system

Applying for your partner and children under 18 (if any) as ‘dependents’ is also permitted if they are with you in the UK.

They can apply on their own as well but in that case they will not be treated as your dependents.

New the plan announced for immigration for those seeking refugee status in the UK

There is a change in asylum policy announced in UK’s parliament recently. On 24 March, Priti Patel, the Home Secretary of UK announced the new plans for immigration to the Parliament of the UK. In her statement, she focused on the point that no illegal migration can be accepted and only lawful immigrants can seek and should be granted asylum in the UK.
The current system of asylum was described as “collapsing one” by the Home Office that enables illegal routes to asylum facilitated by criminal smuggling people into the UK which often results into the loss of
life.

The new asylum system

The new plan is aimed to set out a ‘one-stop’ process requiring all claims of asylum to be made upfront. The new system has been set out to be faster and fairer. The new system is aimed to curb illegal entry into the UK and support more legal entrants. The new system will be tougher on the removal of inadmissible people and friendlier with admissible people.
As per the new asylum system, those who come to the UK illegally will not enjoy the same entitlement as those who come legally. It will be harder now for illegal migrants seeking refuge in the UK.
Priti Patel also said that now coming through a third safe country Like France will not allow such applicants immediate entry into the asylum system which is the case as per the present system.
Also, no one would be able to apply under the disguise of a child abusing the system for which they will introduce a tougher and more accurate scientific age assessment system in place.
Those who bring people through illegal means were termed as “people smugglers” by Priti Patel. She said such people will face new maximum life sentences and this will disable people smugglers as there is now more risk for them if caught.
The new system will seek rapid removal of people who came to the UK from a third safe country. Such deemed inadmissible claim makers will be served with a notification upon arrival which the UK will seek to return them to a safe country. If removal of such people is possible within a reasonable time they will be detained at a facility made for such asylum seekers. But if inadmissible asylum seekers cannot be removed to another country, UK will be obliged to process their claims.
The new system will also allow asylum claims to be processed outside the UK in another country. For this purpose sections 77 and 78 of the National Immigration and Asylum Act 2002 will be amended.

New Humanitarian Routes

The new asylum system will be made more flexible that will allow authorities to consider people’s asylum claim more swiftly if they are at risk of persecution or there is a threat to their life in their own country because of their gender, religion and cultural beliefs.

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

YouTube: https://www.youtube.com/channel

Genuine and subsisting relationship requirement

No one wants to live away from their life partner or would be a life partner. The UK’s immigration law allows such foreign individuals to join their spouse and partners who happen to be British citizen or have settled status in the UK. If an applicant applies for a UK spouse visa, civil partner visa, fiancé visa or unmarried partner visa he/she needs to meet certain eligibility and suitability requirements. One of the key eligibility requirements is that your relationship with your spouse or partner in the UK should be ‘genuine and subsisting’. The Home Office decides whether your relationship is genuine and subsisting or not based on the evidence you produce. However, this is a subjective decision as no black and white specification tells you what would be substantial and enough to prove that your relationship is genuine and subsisting. So, you should submit as much evidence as possible to rule out the possibility of refusal of your spouse/partner visa refusal for lack of proof of your relationship.

 

Genuine and subsisting relationship

Because you are going to join your spouse/civil partner in the UK based on a marriage or civil partnership, UK’s Home Office guidance states that applicants must prove that they are in a genuine and subsisting relationship with their partners in the UK. To prove this evidence in the form of documents must be provided in your application for a spouse/partner visa and also in applications for extensions of such visas you apply for
later on.

Evidence to meet the Genuine and subsisting relationship requirement

Though Home Office guidance sets out that you need to prove that you are in a genuine and subsisting relationship with your partner who is either a British citizen or has settled status in the UK, it does not specify the evidence you and your partner must provide to meet the requirement. So, it becomes difficult for applicants to understand what documents to produce and becomes a reason for rejections of their visa applications.
There can be 2 situations in your relationship based on which you can submit supporting documents. The first is that you have not been living with your partner and the second is that you have been living with your partner.

1. Documents to prove your relationship in case you have not been living with your partner can be the followings:

  •  If you have taken holidays as a couple, then you can produce “hotel
    booking” records.
  • Photographs of both of you as a couple of letters from friends and family
    confirming you as a couple and commitments to each other.
  • Text chats or chats on WhatsApp or any other social media platform proving that you have kept in touch with each other when you were not together.
  • There can be other documents such as invoices and membership cards showing you as couples.

If you did not live together because of religious and/or cultural reasons.

If you married your partner in the UK in an arranged marriage and could not live with your partner because of religious and/or cultural reasons it can be difficult for you to meet the requirement. However, Home Office does consider religious and cultural reasons when considering your applications.

 

2. Documents to prove that your relationship is genuine and subsisting when you have been living together with your partner can be the followings:

If you have been living together with your partner in the UK before you apply for a UK partner or you are currently living together then Home Office would like to see the evidence of your cohabitation. You can produce the following documents in such a scenario.

  • If you are married, you can produce a marriage certificate to prove the
    genuineness of your relationship.
  • If you have a child or more than one child (biological, adopted or stepchild
    of one partner), this makes a strong case for your relationship being
    subsisting. You can produce a child’s birth certificate, adoption certificate
    etc.
  • You can also produce documents such as utility bills like telephone bills
    addressed to the couple or council tax statements.
  • You can also produce financial statements such as joint bank statements,
    joint loan paperwork etc. to prove that you share financial commitments as
    a couple.

If you looking for professional advice on proving your relationship you can contact Visa and Migration Ltd on 02034111261

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

YouTube: https://www.youtube.com/channel

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

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

YouTube: https://www.youtube.com/channel

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

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

YouTube: https://www.youtube.com/channel

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.

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

YouTube: https://www.youtube.com/channel

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

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

YouTube: https://www.youtube.com/channel

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.

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

YouTube: https://www.youtube.com/channe