Saturday, 31 January 2015

Accredited Continuing Professional Development (CPD) for immigration advisers. CPD credit accepted by the OISC.

1st 4Immigration Ltd is an accredited CPD provider and can be found on the OISC list of CPD providers. 

Current CPD courses:


 
 

Self-Employment Income in Visa Applications (by a Self-employed immigration adviser). CPD 6 hours.

British Citizenship - a Dream for Many! CPD 7 core hours. 

British Citizenship for European/EEA nationals and their Family Members. CPD 5 core hours.

Spouse/Partner Visas - Case Studies and FAQs. CPD 6 core hours.

The courses are offered by our company, 1st 4Immigration Ltd, which is a practicing immigration company, registered with The OISC and based in the City of London.  Classroom training is organised by our sister company, Multi Travel Visas Ltd, and delivered by our OISC-accredited practicing advisers.  CPD credit is awarded upon successful pass of the assessment, which will be provided after the course.

 1st 4Immigration Ltd,
OISC no F200800152, 
68 King William Street, City of London, London, EC4N 7DZ.

Online OISC Level 1 course. CPD 16 core hours, accepted by The OISC.

This course is also accredited to award 16 hours of Continued Professional Development  (CPD) for the accredited advisers. Our CPD training courses are accepted by The OISC. This course includes a mock Level 1 Assessment and real case studies from our practicing OISC-accredited immigration company.
 
You can download our OISC Level 1 training course to your computer and study in your own time - to prepare for your OISC accreditation and Level 1 Assessment. No need to travel to a classroom, no need to wait for the next date. You can start your immigration training right now!

1st 4Immigration Ltd is a practicing OISC-accredited immigration company, we have designed this  course to be of practical help for those who are preparing for OISC accreditation at Level 1 (Initial Advice) and for compulsory Level 1 Assessment.  It would also be of interest for practicing advisers and immigration lawyers as well as for community group advisers, council or Citizens Advice Bureau workers, volunteers etc.

This is not a boring coverage of the Immigration Rules! We tried to keep the language as simple and entertaining as possible. See the Contents and Extracts bon our website here:  http://www.1st4immigration.com/training/online-oisc-level-1-course.php 

1st 4Immigration Ltd, 68 King William Street, City of London, London, EC4N 7DZ.

Wednesday, 28 January 2015

Places still available! OISC Level 1 course, Sat-Sun 31 Jan - 1 Feb 2015, City of London (Monument), from a practicing immigration company.

We still have places for this very informative and practical 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.

TRAINING DATES (we have a class every month) - all available to be booked now.

Weekend 31 January - 1 February 2015

Weekend 28 February - 1 March 2015

Weekend 21 - 22 March 2015

Weekend 11 - 12 April 2015

Weekend 16 - 17 May 2015

Weekend 27 - 28 June 2015

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.


To book visit our training website: http://www.mtv-training.co.uk/
Detailed Course Agenda can be found here and is designed in our own unique way.

Multi Travel Visas Ltd: 68 King William Street, City of London, London, EC4N 7DZ. Near Monument underground station. Email: info@mtv-training.co.uk , Phone: 0871 472 1468 (£0.10 per minute, emails are free).

 
_____________________________________________________
 
You can find a detailed Table of Contents on the link above, here are 2 examples (of 20):

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 | My ‘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

You can find Extracts on the link above too, here are 2 of them:

Extract from the “IMMIGRATION RULES AND HOW TO USE THEM” section:
No one knows everything and remembers all the rules! The trick is to know how to use the Immigration Rules and where to find  the specific information. The Rules may change anytime, and they do change a lot, but if you know how to use the Rules you could check the requirements or check the changes at any time. For example, things like whether a migrant can switch a visa category while in the UK or whether a migrant can work or whether a particular English test is acceptable are all a matter of the Rules, not a matter of guessing.

My ‘Other way around’ principle:
I call it ‘other way around’ because many people tend to think this way: “I am on a Tier 5 visa and want to know if I can apply for a Spouse visa inside the UK”, then they go on the Immigration Rules webpage for the Tier 5 category and try to read the rules there. Understandably, they only find the rules about how to get a Tier 5 visa, which they already have, and not a Spouse visa.

What you need to do is to act the ‘other way around’, ie to check the rules of the category your client is looking to apply for, not the rules of the category in which he/she already has a visa. In our example of switching from a Tier 5 to a Spouse visa it is the Spouse visa rules that one needs to read – to determine if he/she can qualify.

Extracts from the “CRUCIAL TO GET THE BASICS!” section:

What is Switching?
Switchingis not an official term. Switching simply means changing a visa category while inside the UK, ie switching from one to another, such as from a Tier 4 Student to a Tier 2 General; or from Tier 4 to a Spouse visa. Officially it is called ‘applying for a leave to remain in a Tier 2 General category’ or ‘applying for a leave to remain as a Spouse of a UK citizen’. So, we can simply say ‘Switching from a Student visa to a Spouse visa’.

The significance of switching is this: switching means applying inside the UK and it is only allowed if the Rules specifically allow so. If switching is not allowed then the applicant has to return to their country and apply for a visa from there, which means he/she would be applying for an Entry Clearance.

What is the Date of Application and why it is so important?

Imagine this: you are making an application today but tomorrow the Rules are changing, which rules would apply? Or you have made an application a month ago, your visa expires in 2 weeks time and your application is not going to be decided before then, are you going to become an overstayer through no fault of your own?

A Date of Application idea deals with such issues. If the date of your application is before the Rules changed then your application is going to be considered under the Rules in place before the changes. For example, Spouse/Partner visas rules were significantly changed on 9 July 2012, yet those who applied before that, even on 8 July 2012, had their applications considered under the old rules, even if the decision was made a few months after the rules changed.

If the date of your application is before your last visa expired then your status remains the same as it was on the date of application for as long as it takes for a new application to be considered. However long it takes, even if the last visa expired by then. Officially it is extended by virtue of section 3C of the Immigration Act 1971, which automatically extends the ‘last visa’ for as long as it is going to take for a decision on the new application. This means migrants do not become overstayers through no fault of their own?

French Schengen visa and sooner appointments. Turnaround 4 working days for most nationals. We reply emails on the same working day!

Multi Travel Visas Ltd is an accredited agency with the official French visa centre in London, we have many years of experience of working with French Consulate. We use a separate system of appointments and can provide an appointment sooner than available for the public.

FRENCH SCHENGEN VISA:

It is possible to obtain a visa within 4 working days from the date of the biometric appointment for most nationals, such as Filipino, South African, Russian, Indian, Chinese, Turkish and most others. It takes longer for some nationals, up to 3 weeks, a list is available on our website: http://www.multitravelvisas.co.uk/schengen-visa-france.php

OTHER SCHENGEN VISAS:

German Schengen visa takes 5 working days from the date of appointment. No biometrics, no personal attendance needed. Furthermore, spouses and family members of UK/EU citizens don't have to book tickets/accommodation before applying for this visa.

Portuguese Schengen visa takes 1 week from the nearest available Wednesday. No biometrics, no personal attendance needed.

Contact us at Multi Travel Visas: www.multitravelvisas.co.uk
Phone 0871 472 1468 or 07795471483
Email:
info@multitravelvisas.co.uk 

We reply on the same working day!

Or come to our office from 9am to 6pm (you don’t need an appointment): 68 King William Street, City of London, London, EC4N 7DZ. We’re near Monument tube station, close to Bank and Liverpool Street, over the bridge from London Bridge station and within easy reach by DLR from Canary Wharf.

New testimonial on our Schengen visa service for a Filipino national.

“Hello Harpreet! Just want to extend my gratitude to you and your team for the assistance in my re-application of my Schengen visa which the French consulate granted me a 2 year visa yesterday. Can't thank you enough.”
 
This came from Ralph, a national of the Philippines residing in the UK and who is also married to a British citizen. It is possible to obtain a French Schengen visa within 3-4 working days for most nationals, such as Filipino, South African, Russian, Indian, Chinese, Turkish and most others. It does take longer for some nationals, up to 3 weeks, a list is available on our website.
 
As an accredited agency, we use a separate system of appointments from the public and can usually obtain an appointments much sooner.
 
Phone 0871 472 1468 or 07795471483
Email:
info@multitravelvisas.co.uk  We reply on the same working day!

Or come to our office from 9am to 6pm (you don’t need an appointment): 68 King William Street, City of London, London, EC4N 7DZ. We’re near Monument tube station, close to Bank and Liverpool Street, over the bridge from London Bridge station and within easy reach by DLR from Canary Wharf.

Tuesday, 27 January 2015

New successful case and testimonial on application for an Indefinite Leave to Remain as a spouse of a British citizen.

“Dear Lucy, my sincere thanks for helping me apply for my Indefinite Leave to Remain (as a Spouse of a UK citizen, SET M application). It was such a pleasure having Christina assist me on Friday at the Home Office. Her kindness and reassurance together with her knowledge and ability to explain the procedures to me so clearly was wonderful. I could not have asked for a better representative. I will contact you in due course regarding my British citizenship.”

This came from Pamela, a South African national who is married to a UK citizen, so we submitted a SET(M) application. Interestingly, Pamela and her husband initially came in the UK on an Ancestral visa and a dependent visa. Then Pamela’s husband registered as a UK citizen, we understand it was on the basis of being born before 1983 to a British mother. Upon receipt of a UK passport, Pamela applied for a visa as a spouse of a settled person (FLR M) and that application happened in early 2013, ie after 9 July 2012. Nevertheless, the UK Border Agency decided to issue a 2 year Spouse visa, as was under the ‘old Rules’. Now, 2 years later in 2015, we applied for an Indefinite Leave based on 2 years, on same-day service.

For an individual advice or to make your application as successful please contact us: info@1st4immigration.com or visit www.1st4immigration.com

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

Can I work while my visa application is being considered?

This may compliment our previous post on working after a refusal of a visa and during the appeal. However, many migrants may not, fortunately, have to deal with a refusal while knowing your rights while waiting for a visa affects almost everybody.

The answer lies in the rule called Section 3C leave (of the Immigration Act 1971).

If you have a visa which is about to expire, and submit a new application inside the UK before this visa expires, Section 3C “extends” your previous visa for as long as it takes to make a decision. It does not matter if your visa expires and you have not heard from the Home Office (UK Visas and Immigration) – because you applied on time. In this case your status remains the same as before, with the same conditions, including the rights to work.  
Let’s consider a very common example, we also used it in the previous post to decide hat happens in case if your visa has been refused: you are on a Tier 4 Student visa  which expires on 1 February 2015. You are now married to a British citizen and want to make an application for a Spouse visa inside the UK. If you make a Spouse application before or on 1 February 2015 then you will get a Section 3C leave (ie like an automatic extension by law) for as long as it would take for the authorities to decide on your Spouse visa. Your status will remain a Tier 4 migrant until then. It means if your Tier 4 visa allowed you to work you can work on the same conditions while your application is being considered. If not, then you can’t.
  
For an individual advice or to make an application please contact us: info@1st4immigration.com  or visit www.1st4immigration.com  
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

Monday, 26 January 2015

Can I work after a visa refusal? Can I work during the appeal?

These are common questions and the answer lies in the rule called Section 3C and 3D leave (of the Immigration Act 1971).
If you have a visa which is about to expire, and submit a new application inside the UK before this visa expires, Section 3C “extends” your previous visa for as long as it takes to make a decision. It does not matter if your visa expires and you have not heard from the Home Office (UK Visas and Immigration) – because you applied on time. In this case your status remains the same as before, with the same conditions, including the rights to work.  
If your new application is refused, and there is a right of appeal, and you submit an appeal on time (within the deadline on your refusal letter), then your status again remains the same as on your old visa. The one which you had before your refusal and it will continue until you have heard a determination on your appeal. This will be under Section 3D.  
Let’s consider a very common example: you are on a Tier 4 Student visa  which expires on 1 February 2015. You are now married to a British citizen and want to make an application for a Spouse visa inside the UK. If you make a Spouse application before or on 1 February 2015 then you will get a Section 3C leave (ie like an automatic extension by law) for as long as it would take for the authorities to decide on your Spouse visa. Your status will remain a Tier 4 migrant until then. It means if your Tier 4 visa allowed you to work you can work on the same conditions while your application is being considered. If not, then you can’t.

Let’s imagine a Spouse application has been refused and there is a right of appeal, within 10 working days. If you submit your appeal within the deadline then your status will “extend” further, this time under the Section 3D leave, and you will remain being a Tier 4 migrant for as long as it takes for the judge to determine your appeal. Until then you can continue working as if you were still on a valid Tier 4 visa but only if your old visa allowed you to do so!
For an individual advice or to make an application please contact us: info@1st4immigration.com  or visit www.1st4immigration.com  
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

Friday, 23 January 2015

OISC Level 1 course: the structure is as unique as our approach to teaching it!

Here is a detailed agenda of our 2-day weekend OISC Level 1 course.
For dates and to book visit our website: www.mtv-training.co.uk , the nearest is on Saturday-Sunday 31 January - 1 February 2015 at our office in the City.
 
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 Entrepreneur summary in Questions and Answers
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 WORKERS:

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:

Absences from the UK: From 13 December 2012 | Purposes of absences | Before 13 December 2012
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 (FiancĂ©e, 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 TERMSEU/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 the same as 'everybody else' generally but some details are different

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
 
Mock Level 1 assessment:
We also offer to take a mock Level 1 assessment (designed by us) and email it to us later to mark