Wednesday, 18 February 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 28 February - 1 March 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