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

 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

 

 

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.

 

 

 

The NHS Visa

The UK allows people from other countries to migrate to the UK through various visa systems. In this series, they have recently announced that they will introduce the new NHS visa in the future which will allow medical staff to come to work in the UK.

It is being said that the new NHS visa is an attempt to bring in more medical staff such as nurses and doctors from all over the world to fill in the gap of workforce present in the healthcare system in the UK – The NHS.

Purpose of the new NHS visa

According to the Home Secretary Priti Patel, the purpose of the visa is to bring in the “best of both worlds”. The intentions are to control the number of immigrants from the healthcare industry coming to the UK and yet at the same time to attract the best talents to come and work in the UK healthcare system.

 

Important things to know about the new NHS visa

  1. This is a part of proposals is like Australian style points-based immigration system that will be introduced once the UK Parliament passes the law.
  2. The new NHS will be put in place once it leaves the European Union (EU) and is free of the EU freedom of movement rules.
  3. The cost of the visa will be £464.
  4. The processing of the visa will be fast-tracked with a guaranteed decision within 2 weeks.
  5. Preferential treatment will be given in the new system and extra points will be rewarded to those coming to work in the NHS.
  6. NHS workers who will apply through this route will be given payment support to repay the cost of immigration health surcharge in installments via their salary once in the UK.

What can one expect from the visa?

All the doctors and nurses looking to come to the UK to work in the healthcare industry can find the new proposed NHS visa very promising. UK government also thinks that through this visa they will be able to control the number of immigrants coming to the UK, which only the future will tell how true this claim proves to be. All the other details and execution once implemented will tell how useful this new NHS visa will be for the UK government and the overseas applicants. However, as of now, the proposed system is still welcomed. This is yet another attempt from the UK in the last one and a half years to change the current visa system and make it more accommodating for the people working in the healthcare industry. So, all the professionals in the industry are keenly waiting for this.

 

Sole Representative Visa

There are two types of applicants who can apply under this category-

An applicant must either be:

an overseas media employee who:

  • is employed by an overseas newspaper, news agency or broadcasting organisation;
  • is being posted by their employer on a long-term assignment for them in the UK

OR

  • applying to be the sole representative in the UK of an overseas employer who intends to establish a commercial presence by operating a registered branch or wholly-owned subsidiary of that overseas business in the UK and that branch or subsidiary will operate in the same type of business activity as the overseas business

 

UK Sole Representative Visa Requirement

One can be eligible for a sole representative Visa UK provided he/she must be recruited and employed outside the UK by the overseas company and now they intend to represent the company in the UK.

The applicant must meet other eligibility requirements to apply for UK sole representative successfully. These requirements are the following:

  1. Applicants must apply from outside the EEA (European Economic Area).
  2. Applicant must be an employee and a representative of a company operating outside the UK which has no branch, subsidiary or other representatives in the UK.
  3. Applicants must be recruited and employed outside the UK.
  4. Applicants must have extensive related industry experience and knowledge.
  5. The applicant must be a senior an employee with full authority to take an operational decision for setting up a branch in the UK or wholly-owned subsidiary on behalf of the overseas company.
  6. The applicant must be a full-time employee of the company.
  7. The applicant cannot be the majority shareholder in the company thus shareholding must be less than 50%.
  8. The applicant must not take any other job.
  9. The applicant must have enough money to meet his and dependent (if any) financial need during the stay in the UK without any help from public funds in the UK.
  10. Applicants must obtain entry clearance before entering the UK.
  11. The applicant must meet the English Language Requirement.

When to apply?

 One can apply for the sole representative visa 3 months before they travel to the UK. After applying for a visa from the outside UK, the applicant should expect the decision within 3 weeks.

 Length of time allowed staying in the UK

Successful applicants can come and stay in the UK for an initial period of 3 years. Thereafter, the applicant can apply for an extension of the visa for another 2 years. And after having spent 5 years in the UK, you can apply to settle permanently in the UK.

 Rights of dependents

Dependents of the main applicant which includes husband, wife, civil partner, unmarried partner or same-sex partner or children less than 18 years of age can join them in the UK provided they meet the eligibility conditions.

If they are eligible, they can live and stay in the UK with the main applicant. They can also study and work in the UK without any restrictions. However, dependents will not enjoy any recourse to public funds.

 

Extension

  • required by the employer and the employer must certify this in a letter which will need to provide at the extension stage
  • working in the job that entry clearance was granted for: they must show they are in receipt of a salary from their employer by evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid – for example, whether it was paid as basic or commission and the numbers of hours paid and the applicant will need to provide the evidence of company operations in the UK.

Indefinite leave to Remain  

The applicant must have has spent a continuous period of 5 years in the UK as a representative of an overseas business or in one of the predecessor categories of overseas media representative or sole representative

They must meet the requirements of a representative of an overseas business throughout the 5 year period and has to provide evidence for the last 5 years. In addition, evidence must be provided to show they have established a branch registered as a UK establishment or subsidiary and generated business: their employer must still be actively trading and remain centred overseas.

The applicant must produce a letter from their employer which certifies they are still needed to do the job they were first granted leave and can demonstrate knowledge of English language and life in the UK, unless they are exempt

If you are looking to apply for a sole representative visa contact www.visaandmigration.com or call +44(0)2034111261

 

 

 

Financial Requirement for UK partner Visa

When you apply for a UK visa as a spouse or partner there are several requirements to be met. One of those crucial requirements is the financial requirement. Financial requirement has to be met by the sponsor or applicant for the purpose of Fiancé, Spouse, Unmarried Partner or Civil Partner visas.

Minimum income rule

So, the minimum income as per Home Office is like this:

  • Partner only with no children – £18,600
  • Partner and 1 child – £22,400
  • Partner and 2 children – £24,800
  • Partner and 3 children – £27,200

+ £2400 for each additional child

 Ways to meet Financial Requirement

You can meet the financial requirement on the following basis –

  • The British Citizen or ILR holder (Sponsor) is employed in the UK with the same employer for 6 months or more;
  • If the Sponsor has changed jobs and is not employed for 6 months with current employer but has been employed for the last 12 months – you can meet the financial requirement by providing 12 months documents;
  • The sponsor is self-employed in the UK can meet the financial requirement if they have been self-employed for one whole financial years running from 6 April to 5 April next year;
  • The sponsor is a director of the company and has the company tax return can meet the financial requirement if they earn more than 18600 from salary and dividends from the company;
  • If the sponsor is employed outside they will need to provide 12 months income proof with earnings of £18600 or higher and a job offer in the UK to start within the next 3 months of arrival and paying £18600 or higher;
  • If the sponsor is self-employed or director of a company outside the UK they will need to prove that they have received an income in excess of £18600 in the financial year of the country they are in or have an income of £18600 higher from their company outside the UK in the company’s financial year outside the UK. Sponsor will need to establish they want to do a similar business or self-employment in the UK.
  • Savings of £62500 for 6 months;
  • Savings which may be acquired from sale of property / Shares / Stocks which were owned for 6 months or more can be counted towards the financial requirement provided you have received £62500 or more after the sale of an asset
  • Savings held in Investment Portfolio can be used for financial requirement till the investment firm is able to provide a letter as required by the Immigration Rules
  • Pension funds can be used for meeting the financial requirement till the annual pension receipt is £18600 or higher.
  • Non – employment income such as rental income or income from stocks, shares can also be used to meet the financial requirement

Adequate accommodation rule

This is another part by which the financial requirement can be met; however this only applies to you if the sponsor receives –

  • Carer’s Allowance.
  • Disability Living Allowance.
  • Severe Disablement Allowance.
  • Industrial Injuries Disablement Benefit.
  • Attendance Allowance.
  • Personal Independence Payment.
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
  • Police Injury Pension.

The calculations under this route have to be made in according to the receipt of income and subtracting the expenses for the tenancy and council tax should be greater than the income received for income support allowance.

If you are looking for Immigration Advice in connection with your application as a partner, call Visa and Migration Ltd on 02034111261 or email us on info@visaandmigration.com

Unmarried Partner Visa – Two Years Relationship Requirement

One who is looking to enter or remain in the UK as an unmarried partner of a person present and settled in the UK, need to apply for an unmarried partner visa. Unmarried partner visa is also known as the UK defacto visa. Heterosexual and homosexual, both can apply for unmarried partner visa provided they can prove that they are in a relationship for two years or more and their relationship is subsisting. Partner in the UK needs to sponsor the applicant.

Eligibility

You must meet the following requirements for a successful unmarried partner visa:

  • You and your British partner must be 18 years of age or above.
  • Your partner must sponsor you.
  • You and your British partner must have lived together in a relationship ‘akin to marriage’ for at least 2 years. This needs to be evidenced by supporting documents.
  • You and your British partner must show the intention to live together permanently.
  • You must show that any previous marriage / civil partnership or similar relationship you or your British partner was involved in, has permanently broken down.
  • You must be able to support yourself or be supported by your partner without access to public funds.
  • There must be adequate accommodation available for you, your partner and any dependents.
  • You must also meet the English language requirements.

Duration of stay

Generally it is expected that you should have lived together with your partner for two years before you make the application. However, the law has developed over the years and now the duration of two years living together is interpreted by the courts in cases such as

Fetle (Partners: two-year requirement) [2014] UKUT 00267 (IAC). It was decided by the Upper Tribunal that – In contrast to the requirement of para GEN 1.2(iv) of Appendix FM, a requirement (such as in paragraph 352AA of the Immigration Rules) that “parties have been living together in a relationship akin to either a marriage or a civil partnership which has subsisted for two years or more” does not require two years cohabitation, but two years subsistence of the relationship.  Whether the relationship still subsists, as required by the tense of that requirement and as may be separately required, is a different issue.

The findings in YB (EEA reg 17 (4) proper approach) Ivory Coast [2008] UKAIT 00062, it was held that being in a durable relationship does not even entail cohabitation.

So if you have strong evidence of your relationship continuing over two years and have lived together on different occasions such as holidays and other, then your circumstances may be able to meet the requirement of having two years of genuine and subsisting relationship.

Evidence of ‘living together’

The best way to prove that you both were living together is to produce correspondences addressed to the applicant and the British partner as proof. It would be an ideal situation that such correspondences are addressed the couple jointly, but if there is no such document of correspondence, the applicant can submit correspondences addressed to the applicant or British partner. The dates of such correspondence should be spread over the entire period in which the applicant claims to have lived together with their British partner.

If you are looking to apply for an Unmarried Partner visa consult Visa and Migration Ltd for professional service and expert guidance.

 

 

 

 

 

Returning Residents

Once any person is granted indefinite leave to remain or enter they can stay in the UK for an indefinite time without any restrictions. However, you cannot spend more than 2 consecutive years outside of the UK. And if you are outside the UK for more than 2 consecutive years, you automatically lose your indefinite leave status.

Should this happen you will need to apply for entry clearance as a Returning Resident from outside the UK in accordance with paragraph 18 of the Immigration Rules.

Requirements for Returning Residents

If you have been outside the UK for less than 2 years, you will be readmitted to the UK with ILR status intact. But you also need to meet the following conditions to resume their residence in the UK as a returning resident:

  1. You had indefinite leave to enter or remain in the UK when you left the UK.
  2. You have not been outside the UK for more than 2 years; and
  3. You did not receive any sort of public funds to meet the cost of leaving the UK and
  4. Now, you are seeking admission in the UK for settlement.

But if you have been outside the UK for more than 2 consecutive years, you need to apply for returning resident visa to get admission to the UK. So, for a successful Returning Resident visa you must show what exceptional circumstances you had to leave and stay away from the UK for more than 2 years and if you fail to prove this you will not get a Returning Resident visa. Apart from this, you must also show strong reasons with strong ties to the UK and your intention to make the UK your permanent home. So, you must show the following pieces of evidence to prove this:

  1. You have strong family ties to the UK.
  2. You lived most of your life in the UK.
  3. What are your current circumstances and why you have lived away from the UK?

The exception to the rule

If you with the status of indefinite leave to remain or enter have lived outside the UK for over 2 years with your spouse, civil partner, unmarried partner or same-sex partner on an overseas posting, you will not lose your indefinite leave status provided your spouse or partner is one of the following:

  1. A member of HM Forces serving overseas or
  2. A permanent member of the Diplomatic Service.
  3. A UK-based British Council employee who works outside the UK.
  4. An employee of the Department for International Development (DFID).
  5. An employee of Home Office UK.

Documents required for returning resident vis

When you apply for Returning Resident visa you are required to provide the following documents:

  1. Your current passport or other valid travel identification document.
  2. Your previous passports.
  3. Documents proving the fact that you have strong ties to the UK, for example, you can show documents to prove that you have earned income, or rented or owned property, in the UK.

You may have to submit additional documents as well depending on your circumstances.

If you are looking to apply for a Returning Resident Visa contact Visa and Migration Ltd on +44(0)2034111261.