Classroom OISC Level 1 course on weekends from a practicing OISC-accredited immigration company in the City
This is a 2-day
weekend course at our office in the City of London. Multi Travel Visas Ltd and
a sister company, 1st 4Immigration Ltd, are both accredited by The OISC, ref
F201100418 and F200800152 respectively. After many years of experience – and
hundreds of successful cases – we are offering to share our experience with you
to help you prepare for your OISC Level 1 assessment and accreditation. You can
read Testimonials on
our immigration cases here.
Course Agenda
Our tutors are
our very own OISC-accredited practicing immigration advisers who handle the
real cases during the week and teach on weekends. You can read about them on
the Tutors page.
Unlike most
traditional courses, ours is conducted using plain language and does not simply
contain quotes from the Immigration Rules. We include cases studies from our
practice, answers to most common questions, a Questions&Answers session
and a mock Level 1 assessment, which is given to the candidates at the
end to complete in their own time and send to us. Generally, we try to keep it
as entertaining as possible. We will also provide a printed version of the
course (150 pages) for you to take home, which is very detailed, contains
more cases studies and you can take it with you to the 'real' OISC exam.
For dates and
fees click here: http://www.mtv-training.co.uk/
Course Agenda
PART 1: CRUCIAL TO GET THE
BASICS!
2 systems of
immigration law: UK law and European law | Types of visas under the UK law |
Entry Clearance | Visitor visa | Leave to Remain (also called Residence Permit
or Limited Leave to Remain) | Indefinite Leave to Remain (ILR) | It is possible
to lose an ILR, however Indefinite it is | Indefinite Leave to Enter | There is
also a Leave to Enter
‘Settlement’ and
2 confusing meanings of this word | Common question: Passport has
expired, do I have to transfer my visa to a new passport | What is Switching? |
Common examples when switching is not allowed even though the migrants are
desperate to do so | What is the Date of Application and why it is so
important? | When is the Date of Application? | In-time and Out-of-time
applications
PART 2: IMMIGRATION RULES AND
HOW TO USE THEM
Each category
rules consist of 3 parts | The ‘Other way around’ principle | How to determine
if switching is possible?| How to determine if a visa allows to work? |
Registration with the police | Tuberculosis test | UKBA Staff Guidance
PART 3: VISITING THE UK
Visitors can
stay for maximum 6 months in each 12 months | How to count ‘6 months in 12
months’? | Visitor rules are the same for all. Visitor visa rules aren’t | A
visa stamp itself does not guarantee entry to the UK | Main categories of
visitors (and visitor visas) | Visitor visas can be from 6 months to 10 years |
Can a visitor apply for a visa to work, study or reside as a Spouse of a UK
citizen? | Most common reason for a refusal
PART 4: POINTS-BASED SYSTEM -
ABOUT THE TIERS
As
‘Points-Based’ as it sounds? | PBS Tiers
PART 5: POINTS-BASED SYSTEM -
WORKING IN THE UK
TIER 1 - HIGH-VALUE MIGRANTS:
TIER 1 (GENERAL)
Why was this
visa so popular? | New applicants cannot join it but existing applicants can
‘carry on’ until permanent residency... | ...But last extensions will be in
April 2015 | ... And last ILR in April 2018
SCORING THE POINTS
The main thing
to remember here is 3 dates and how the points differ | Age is ‘frozen’ in time
and points are given accordingly | Qualifications | Points for English language
| Points for Maintenance | Tier 1 General summary in Questions and Answers
(table)
HSMP JUDICIAL REVIEW
TIER 1 (POST-STUDY WORK)
- now closed.
TIER 1 (ENTREPRENEUR)
TIER 1 (GRADUATE ENTREPRENEUR)
Annual limit |
Tier 1 (Graduate Entrepreneur) in Questions and Answers
TIER 1 (INVESTOR)
Tier 1
(Investor) in Questions and Answers
TIER 1 (EXCEPTIONAL TALENT)
Annual limit |
Tier 1 (Exceptional Talent) in questions and answers
TIER 2 – SKILLED WORKERS:
STEP 1: SPONSOR LICENCE
STEP 2: CERTIFICATE OF
SPONSORSHIP (COS)
If Tier 2
application was refused, does the applicant need a new COS or can he/she use
the same one?
STEP 3: TIER 2 VISA
APPLICATION
Main
requirements for a visa application
TIER 2 (GENERAL) CATEGORY –
SPECIFIC GUIDANCE
Restricted/Unrestricted
certificates and Annual limit | Type of job offered | Does applicant need to
have experience or qualification for job sponsored under Tier 2? | Does an
applicant need to work for this employer before he/she can be sponsored for
Tier 2? If yes, how long for? | Salary offered | New Entrant salary category |
Experienced salary category | What if employer cannot offer minimum £20,500? |
Advertising the job – Resident Labour Market Test | Examples of exception (when
employers don’t need to advertise the job) | Resident Labour Market Test and
annual limit are not the same thing and not connected | Special
arrangements for Post-Study Work visa holders switching to Tier 2 General
inside the UK | Special arrangements for Tier 4 Student visa holders switching
to Tier 2 General inside the UK | What if a Student wants to apply before
he/she has graduated? | Why is it different applying from outside the UK? | Tier
2 General in questions and answers | Commonly asked question: What’s the
minimum salary for Tier 2 General visa? £20,000 or £20,500 or as on Code of
Practice?
TIER 2 INTRA-COMPANY TRANSFER
– SPECIFIC GUIDANCE
Important date:
6 April 2010 | Tier 2 Intra-Company Transfer in questions and answers
TIER 2 MINISTER OF RELIGION –
SPECIFIC GUIDANCE
Tier 2 Minister
of Religion in questions and answers
TIER 2 (SPORTSPERSON) –
SPECIFIC GUIDANCE
Tier 2 (Sportsperson) in
questions and answers
Tier 5 (Temporary
worker - creative and sporting) | Tier 5 (Temporary worker - charity workers) | Tier 5
(Temporary worker - religious workers) | Tier 5
(Temporary worker - government authorised exchange) | Tier 5
(Temporary worker - international agreement) | Tier 5 (Youth
mobility scheme)
PART 6: NOTES ON ENGLISH FOR
ALL TIERS UNDER PBS
Meeting automatically:
Based on the previous visa(s) | Tier 1 (Investor) applicants are exempt from
this requirement | Nationals of majority English-speaking countries (and common
countries which should be on the list but they aren’t)
Degree taught in English | English language
test | Table: English language required in each category
PART 7: NOTES ON MAINTENANCE
FOR ALL TIERS UNDER PBS
Meeting
automatically | Certified by the Sponsor –
Tier 2 | Savings: 90 days for Tiers 1, 2, 5 or 28 days for Tier 4
Table – summary of Maintenance
requirement for each category
Funds held for
90 days (Tiers 1, 2 and 5): How to count 90 days and when should this period
end, a day before applying or when? | What if the applicant does not have the
funds ‘held for 90 days’? | Foreign currencies and foreign banks | Black list
of foreign banks | Dependants and Funds | Whose name should be on the bank
account?
PART 8: PBS – SPECIFIED
EVIDENCE AND EVIDENTIAL FLEXIBILITY
It goes further:
specified details on the documents, not just specified documents | Evidential
(in)Flexibility | The Immigration Rules provide 4 examples when Evidential
Flexibility applies
PART 9: DEPENDANTS of PBS
MIGRANTS
Common question: child born in
the UK, do we need to apply for a Dependant visa?
PART 10: WORKING OUTSIDE THE
POINTS-BASED SYSTEM: UK ANCESTRY, DOMESTIC WORKERS, REPRESENTATIVE OF OVERSEAS
BUSINESS
UK ANCESTRY | DOMESTIC WORKERS
IN A PRIVATE HOUSEHOLD: Before 6 April 2012 | From 6 April 2012 |
REPRESENTATIVE OF OVERSEAS BUSINESS
PART 11: INDEFINITE LEAVE TO
REMAIN (PERMANENT RESIDENCY) IN PBS ROUTES AND OTHER WORK ROUTES
How to check
whether a category leads to an ILR | Examples of categories which do not lead
to an ILR
COMMON ROUTES TO AN ILR:
Ancestral | Tier
1 General and last ILR applications in April 2018 | Tier 1 Entrepreneur | Tier
1 Investor | Tier 2 General, Minister of Religion or Sportsperson visas |
Counting Tier 2 Intra-Company Transfer visa | “6 years – and you are out”
(overall limit in Tier 2 category) | Intra-Company Transfer - "out"
after 5 years
COMMON ILR REQUIREMENTS AND
ISSUES:
Criminality:
Before 13 December 2012 - Spent and Unspent criminal convictions | From 13
December 2012 – Sentence-based thresholds | Table of offences and impact on
applications | Driving offences: drink-driving, driving without insurance,
driving whilst using a mobile phone and similar | Fixed Penalty Notices | Fines
Life in the UK
Test and changes from 28 Oct 2013: Life in the UK Test | Before 28 October 2013
| From 28 October 2013 | Examples of applicants who will be affected
PART 12: SPOUSES AND PARTNERS
OF PBS MIGRANTS AND OTHER WORKERS
If the main
applicant holds an Ancestral, Domestic Worker or a pre-PBS visa | If the main
applicant holds a Tier 1 or a Tier 2 visa | What to do if the main Tier
applicant qualifies for an ILR but his/her spouse/partner has not spent enough
time in the UK? From PBS Dependant to an ILR? | All changed on 9 July 2012! |
There is one exception | Absences for dependants | Criminal convictions for
dependants | Life in the UK Test and English language
PART 13: CHILDREN OF PBS AND
OTHER WORK MIGRANTS
If the main
applicant holds an Ancestral, Domestic Worker or a pre-PBS visa | If the main
applicant holds a Tier 1 or a Tier 2 visa | Child born in the UK, do the
parents need to apply for a Dependant visa? | Children who turned 18 years old
PART 14: STUDYING IN THE UK –
TIER 4
2 TYPES UNDER TIER 4: GENERAL
AND CHILD STUDENTS
Is switching possible?
TIER 4 SPONSORS | CONFIRMATION
OF ACCEPTANCE FOR STUDIES (CAS) | ACCEPTABLE TYPES
OF COURSES
ACADEMIC PROGRESS
| HOW MANY YEARS CAN ONE STUDY IN THE UK? Current limits |
What’s not counted?
ENGLISH |
MAINTENANCE (FUNDS): Low-risk
nationals | How much money does a Student need? | Reduced maintenance levels
for established students | How many days does the money need to be on account?
| Whose name can be on account (and a common cause for refusal)? | If the money
is on the parents’ accounts
HOW LONG IS A
VISA VALID FOR? CAN STUDENTS WORK IN THE UK?
WHAT ABOUT CHANGES: change a
course, change a sponsor, drop out of the course?
DEPENDANTS
DOCTORATE
EXTENSION SCHEME
PART 15: SPOUSE, PARTNER AND
FIANCEE VISAS
GENERAL: Which partners
are covered? Or whose partners (of who) are covered? | ‘Present and Settled in
the UK’ | What is the difference between civil partners, unmarried partners and
same-sex partners? | Which partners aren’t covered?
TYPES OF VISAS
(Fiancée, Spouse and Unmarried Partner): SPOUSE VISA
| FIANCE(E) VISA | UNMARRIED PARTNER VISA
The main thing
about Spouse/Partner visas is that there are Old Rules and New Rules, like 'before
and after': All changed on 9 July 2012 | How to distinguish? |
Transitional arrangements | Spouse/Partner KOL required - what do such visas
mean?
SPECIFIED
EVIDENCE – new from 9 July 2012 yet extremely important: It goes further:
specified details on the documents, not just specified documents
FINANCIAL
REQUIREMENT: Thresholds | Thresholds are reasonable, the catch
is how to calculate them | Categories A and B – employment | Whose earnings can
be counted?
CATEGORY A – with current
employer for 6 months or more in the UK
CATEGORY A – with current
employer for 6 months or more overseas – Sponsor returning to the UK
CATEGORY B
– Less than 6 months with current employer or variable income in the UK
CATEGORY B – Less than 6 months with current employer or variable
income overseas – Sponsor returning to the UK | Can employment earnings be
combined with other income?
CATEGORY C:
specified non-employment income | Can ‘property’ be used? | Other sources of
specified non-employment income
CATEGORY D: Savings
CATEGORY E: PENSION
CATEGORIES F and
G: SELF-EMPLOYMENT: What’s meant by a ‘full financial year’? | Does one have to
be self-employed for a ‘full’ financial year? | What is considered as income
for self-employed people? | Sole traders | Directors of limited companies | A
company director is not the same as a company owner | TIP – Deadline for
submitting a tax return is the last day, not the only day! | TIP – Director’s
Salary | TIP – Once and for all: what is a ‘contractor’?
And here is what CANNOT be
used to meet the Financial Requirement
EXEMPTION AND
EXCEPTION FROM THE FINANCIAL REQUIREMENT: Exemption |
Exception (EX.1) – not covered in details as it should be at OISC Level 2
OLD MAINTENANCE
REQUIREMENT - for Transitional arrangements and for those Exempt from the new
Financial Requirement
ENGLISH LANGUAGE REQUIREMENT |
EVIDENCE OF GENUINE RELATIONSHIP
PART 16: ILR FOR SPOUSES AND
PARTNERS
BEFORE 9 JULY
2012 | FROM 9 JULY 2012 | TRANSITIONAL ARRANGEMENTS
ILR
REQUIREMENTS: Finances | Evidence of living together | Criminality threshold |
Knowledge of Life and English language
PART 17: VISAS FOR CHILDREN
AND STEP-CHILDREN
SOLE RESPONSIBILITY RULE |
What if the child turned 18 years old between visas?
PART 18: VISAS FOR OTHER
DEPENDENT RELATIVES
Before 9 July
2012 | From 9 July 2012 | A word of warning!
PART 19: EU/EEA REGULATIONS
(EUROPEAN LAW)
LEGISLATION AND
TERMS: EU/EEA term | Who are EEA nationals? | TIP - EEA is not the same as
Schengen area
EUROPEAN
INSTITUTIONS: European Commission | European Parliament | European Council | European
Court of Justice | European Ombudsman
PRINCIPLES OF EU/EEA CASEWORK:
1ST
PRINCIPLE: exercising EU Treaty rights: Examples of a qualified person
(examples if exercising Treaty rights)
2ND PRINCIPLE:
‘visa stamps’ are voluntary
3RD PRINCIPLE:
restrictions on some nationals
May 2004 - May 2011
1 January 2007 -
31 December 2013: Blue Registration Certificate | Purple Registration
Certificate | Yellow Registration Certificate.
1 July 2013 -
for up to 7 years: Blue Registration Certificate | Purple Registration
Certificate | Yellow Registration Certificate.
Post-restrictions rules
4TH PRINCIPLE:
direct and extended family members and a very important difference:
Direct family
members | The crucial difference - automatic rights from the law and not from a
‘visa stamp’ | Practical reasons for decision to make an application | Extended
family members
TYPES OF APPLICATIONS:
If coming from
outside the UK: EEA Family Permit | If applying inside the UK: EEA Residence
Card | Family members of Bulgarian/Romanian (EU2) nationals | Family members of
Croatian nationals
5th PRINCIPLE:
family members of British citizens, why they are excluded and a Surinder Singh
route
6th PRINCIPLE:
Permanent residency (not based just on living in the UK): Same rules
for all EEA nationals | Absences from the UK | Knowledge of Life and English
7th
PRINCIPLE: dual nationals: Dual EEA and non-EEA nationals | Dual British
and EEA nationals
PART 20: BRITISH CITIZENSHIP
Nationality:
citizenship, naturalisation, what does it all mean and what are the
differences? | British nationality | British Citizenship | Naturalisation |
Registration
CITIZENSHIP –
NATURALISATION: 4 SETS OF NATURALISATION RULES (spouses and
civil partners of UK citizens, EEA nationals, family members of EEA nationals
and 'everybody else')
THE MOST COMMON GROUP -
‘EVERYBODY ELSE’
Condition 1: No
ILR – No Citizenship! | Condition 2: Having an ILR for at least 12 months |
Condition 3: Five years of residency in the UK and being present in the UK on a
day 5 years before receipt of application by the UKBA | Condition 4: Good
character (criminal history) | Before and after 13 December 2012 | Table of
offences and impact on applications | Condition 5: English language and
Knowledge of Life in the UK and changes from 28 Oct 2013 | Condition 6:
Absences from the UK (not the same as for an ILR!) | Unique ‘Date of
Application’ meaning | Basic rules on absences
‘BRITISH BY DESCENT’ AND
‘BRITISH OTHERWISE THAN BY DESCENT’ – the difference
British ‘otherwise than by
descent’ | ‘British by descent’ | Example of a British by descent
SPOUSES AND CIVIL PARTNERS OF
BRITISH CITIZENS:
Conditions,
which are unique to spouses and civil partners of British citizens:
Condition 4: Three years of residency in the UK | Anomaly in this requirement |
Condition 5: waiting 12 months after an ILR (not actually applicable) |
Condition 6: Absences from the UK
EUROPEAN (EEA) NATIONALS:
Rules are the
same as for ‘everybody else’ but applied differently | EEA nationals who are
married/civil partners of British citizens | CASE STUDY – dual Dutch/Brazilian
national who is a civil partner of a UK national
FAMILY MEMBERS OF EUROPEAN
(EEA) NATIONALS:
European family
members of European nationals, such as ‘Polish married Polish’ | Non-EEA family
members of EEA nationals, such as ‘American married to German’ | Direct family
members | CASE STUDY – Russian national married to a Belgian | Extended non-EEA
family members
CITIZENSHIP - REGISTRATION OF
CHILDREN UNDER 18 y.o
IMPORTANT DATES AND ACTS TO
REMEMBER: British Nationality Act 1981 | From 1 July 2006
CHILDREN BORN IN THE UK:
If child's
mother is British | If child’s father is British | If child's parent (one or
both) is not British but has permanent residency in the UK | If the child's
parents hold a limited leave to remain. | If the child's parents are European
citizens | Children who spent the first 10 years of their life in the UK |
Difference between 'British by birth' and 'not British but can be registered as
British'?
CHILD BORN OUTSIDE THE UK
WHOSE PARENTS IMMIGRATED TO THE UK
Example 1:
Indian family who came to the UK together | Example 2: Indian national came to
work while his family joined much later | Example 3: Russian step-child of a UK
citizen
CASE STUDIES
FROM OUR PRACTICE
QUESTIONS &
ANSWERS
We also offer to
take a mock Level 1 assessment (designed by us) and email it to us later to
mark
To book visit: www.mtv-training