Tuesday, 18 August 2015

Bespoke Russian Visa service and Visa support (invitations).

Multi Travel Visas offers bespoke Russian visa service. It is very fast and convenient and a visa applicant can submit an application - and biometrics - at our office in the City of London (Monument area).

This service allows us to act as a visa centre and collect the biometrics (fingerprints) at our office in the City of London, which is easily accessible by all transport links. Under this procedure we prepare an application form, check the documents, order a visa invitation if needed. Then, rather than going to the visa centre and queuing there for hours, we will provide a biometric kit at our office.

Conveniently, you would have a 1 – 1.5 hour window to come to our office (the day/time pre-arranged as convenient). Right here, on the spot, and without queuing, you will be able to provide the biometrics (fingerprints), we will ‘submit’ your documents and pay the application fees to the official staff operating the biometric kit (here at our office). If there are any issues with the application, we will be able to deal with it right there and then, including logging in the online visa form system or changing a tourist visa invitation.

Contact us: email info@multitravelvisas.co.uk , we reply promptly and always on the same working day! Phone: 0871 472 1468 or 07795471483 or text. Website: http://www.multitravelvisas.co.uk/russian-visas-invitations.php

Office address: 68 King William Street, City of London, London, EC4N 7DZ. Tube station Monument/Bank.

(Compulsory from 6 April 2015) Business plan writing service for a Tier 1 (Entrepreneur) visa - from a firm of experienced Immigration Entrepreneurs!

A business plan was made compulsory for initial applications from 6 April 2015.  Over the past several years we’ve been dealing with the Entrepreneur visa applications for our clients. As a part of each application, we have to read client’s business plan, ask to make changes and generally, to include the information relevant to the Entrepreneur visa rules as well as based on the questions a client may be asked at a interview (from our experience of clients’ visa interviews).

Our experiencedallowed us to develop an approach to creating the business plans from a Tier 1 Entrepreneur visa point of view. Instead of using standard templates, we focus on what the visa officers want to see, ie on what a migrant will be required to do while holding this visa: investment of £50,000 or £200,000 and what your client is going to spend it on. For example, paying yourself a salary is not counted, yet it is very common for clients to do this.   

Another example will be including a plan of creating 2 jobs and that they will be for ‘settled’ people. Most business plans we see do not mention these 2 jobs at all, yet it is a common question at a visa interview, so we think it is a good idea to include it and add employer’s National Insurance contributions to the calculation.

We also advise to explain your business idea in simple and plain language. For instance, there is no benefit in adding many technical IT terms because the visa officers are not IT professionals, yet they have to understand your business idea. If you can explain it to us, we can explain to the UK Visas & Immigration. Finally, we advise to treat it like a CV but for a business. Too many CVs contain information designed to make the applicant look ‘clever’, yet fall apart once an interviewer starts asking questions about it. The Home Office staff do read the business plan and may ask questions!  

A typical business plan takes 1-2 weeks to prepare but we always try to accommodate clients’ urgent requests and do it as soon as possible.

For more info or for what’s included in a typical plan, please visit: http://www.1st4immigration.com/business-plan-writing.php or contact us: info@1st4immigration.com

Wednesday, 12 August 2015

Do your friends want to live in the UK? Entrepreneur visa may be the answer!

A Tier 1 (Entrepreneur) category is one of the very few remaining visas, which allows to come to the UK to work. It leads to permanent residency after 5 years, does not require a job offer and does not depend on an employer for sponsorship.

The “catch” is the applicant needs to have access to £200,000, available to start or join a business in the UK. The funds can be from family or other third party sponsors, including in the form of a loan. Although it is a substantial amount of money, it is more realistic than an Investor visa, which requires £2 million. This category is becoming very popular since a Highly Skilled visa was closed in 2011 while the UK is a fantastic place for business!

The idea behind an Entrepreneur visa is sometimes described as “active investment”. Once a migrant has a visa, this is when the hard work really begins! One has to register a business in the UK, invest the money and create 2 jobs for settled workers and generally, to be active in the business. This visa does not allow to work for someone else – only for the business created or taken over by the applicant.

We at 1st 4Immigration have extensive experience with an Entrepreneur category and we can also prepare a business plan, which is now compulsory when submitting a visa application. After all, who is better to help if not the immigration entrepreneurs!
 
We have successfully dealt with the applicants from Russia, Australia, New Zealand, China, Libya and other countries, applications inside the UK (switching) and outside the UK (entry clearance).
 
Entrepreneur visa page on our website: http://www.1st4immigration.com/tier-1-entrepeneur-visa.php 
 
Business plan writing service (compulsory from April 2015): http://www.1st4immigration.com/business-plan-writing.php
 
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
 

Fast Same-day UK passport renewal for August bank holiday! Submission on the same or next working day in London. Renewal, replacement of lost passport. Also 2nd valid passport for frequent business travellers.

Multi Travel Visas Ltd can assist with renewing a UK passport using same-day or 1 week service at the Passport Office in London, with the authorisation from you as per the government requirements. We can submit applications on next working day after receiving your documents, there is no need to wait for an appointment. We may also be able to submit on the same day if we receive your documents before 12pm (midday) and they are in order.

We can also help if for some reason you are unable to apply yourself. If you don't have time to travel to a Passport Office yourself we can apply on your behalf (you don't have to come to London). If you are living/working abroad you can courier documents to our London office and we can submit them promptly for same-day service. This includes if your passport has run out of pages or if you need to renew not only yours but also/or your child's passport urgently.  Example: British expats living or working in the USA, the Middle East, Asia and Europe.  

Passport renewal: we can renew your adult passport on same-day service or 1 week service, with applications submitted as soon as next working day. We can also submit on same working day if we have document before 12pm and they are in order. You can also ask for a ‘Jumbo’ passport (48 pages instead of the standard 32), handy if you travel frequently outside the UK and your passport is full of stamps – it will take much longer for your passport to run out of pages.

Replacement of a lost or stolen passport: we can submit promptly, as above, but replacements are only processed on 1 week service at the Passport Office.

2nd valid passport for frequent business travellers: this is possible within the timing of normal urgent services, here your employer has to provide a letter confirming you have to travel frequently for work and you need a 2nd passport to travel while your 1st one is used to apply for visas.

We also help with foreign travel visas: Russia (including invitations, ie visa support), China, India, Saudi Arabia, Kazakhstan and others. If you have a British passport but work abroad we can still process a visa application here in London. For example, if you are working abroad far from a capital city in that country, and cannot go to the Embassies, then you could courier your documents to us and we’d submit to the Embassies in the UK. Example: British expats working in the Spanish islands of Majorca.


 Contact us now: 0871 472 1468. Email info@multitravelvisas.co.uk , we reply on the same working day! Web-site: http://www.multitravelvisas.co.uk/same-day-british-passport-renewal.php  with the visa requirements and clients' feedbacks. Calls to 0871 number cost £0.10 per minute, emails are free.

Our office is based in the City of London, near Monument station. Also close Bank, Liverpool Street and London Bridge. Within easy reach by DLR from Canary Wharf. 

Fast Schengen visa for August bank holiday and sooner appointments! Turnaround 4 working days for most nationals. We reply emails on the same working day! Tel 0871 472 1468

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 and other Consulates. 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 


GERMAN SCHENGEN VISA:

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. This is the best Embassy to apply for a Schengen visa for spouses and family members of UK/EU citizens.
Webpage: http://www.multitravelvisas.co.uk/schengen-visa-germany.php


PORTUGUESE SCHENGEN VISA:
Portuguese Schengen visa takes 1 week from the nearest available Wednesday. No biometrics, no personal attendance needed! Webpage: http://www.multitravelvisas.co.uk/schengen-visa-portugal.php


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.

Tuesday, 11 August 2015

OISC Level 1 course, Saturday -Sunday 26 - 27 September (just in time for the OISC exam on 28 September), City of London, from a practicing immigration company. CPD 10 hours accepted by the OISC.

A very informative and practical 2-day weekend course at our office in the City of London!  1st 4Immigration Ltd is a practicing OISC-accredited immigration company, OISC ref F200800152. After many years of experience – and hundreds of successful cases – we are sharing our experience to help you to prepare for your OISC Level 1 assessment and accreditation or, if you are already practicing, to increase your knowledge. You can read Testimonials on our immigration cases here.

TRAINING DATES:
  
Weekend 26 - 27 September 2015 (in time for OISC exam on 28 September).

Weekend 24 - 25 October 2015 (in time for OISC exam on 29 October).

Weekend 14 - 15 November 2015 (in time for OISC exam on 23 November).

Weekend 12 - 13 December 2015 (in time for OISC exam on 17 December).


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.1st4immigration.com/training/classroom-oisc-level-1-course.php

Detailed Course Agenda can be found here and is designed in our own unique way.

1st 4Immigration Ltd: 68 King William Street, City of London, London, EC4N 7DZ. Near Monument underground station. Email: training@1st4immigration.com, Phone: 0871 472 1468 (£0.13 per minute plus your provider's access charge, 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?




To book please visit the page Booking or contact us: training@1st4immigration.com

Why you shouldn’t choose FRL(FP) visa application! Unless it is “the last resort”.

This post does not cover all scenarios but does cover most common enquiries in our day-to-day practice. This category, Family Life and Private Life but Family Life in particular, has become very popular when it was introduced on 9 July 2012 (feels like it was yesterday). In this post we are focusing on FLR(FP) application on the basis of Family Life as a Spouse/Partner of a British Citizen or as a Parent of a British child, in the 10-year route (not in the 5-year one).
This category is meant to be used as exception from the Rules, so Family Life application involved Exception section of the Appendix FM and a paragraph EX.1.

Why do we advise against it?

Firstly, because we advise to use it as a ‘last resort’, this is what it was designed for. It was not designed to be a routine application to avoid having to meet one of the rules for an application without exception (ie for an application ‘within the Rules’, such as FLR(M)). This category should not be a starting point. It has to be also accepted (in the mind) that this is a discretionary category, so decision will be made on the merit of each application, rather than it being a certain way to remain the in the UK.

Secondly, one of the common enquiries we have is whether there is a way around of having to apply for a Spouse visa outside the UK. For example, a spouse is here as a visitor, such as from America or Australia (non-visa nationals who can come for a visit without a visa stamp) and would like to remain in the UK with their British/settled spouse. It is of course understandable that it would be more convenient to make an application inside the UK, rather than having to spend the time – and substantial money – on travelling back to their country and waiting for a visa, in some cases 2-3 months (although a Priority service is now available in many countries).
The Rules, namely Appendix FM, do not allow to switch to a Spouse visa inside the UK. The appropriate way would be to apply for a Spouse visa from the applicant’s country.

If the only way you’re considering to make an FLR(FP) application is to avoid having to make an application from abroad – don’t do it. Applying for a ‘proper’ entry visa would make more sense. Not only will your application be ‘within the Rules’ (rather than discretionary), your visa will be in the 5-year route, meaning you’d need to spend 5 years in the UK in this category to qualify for permanent residency (as opposed to 10 years under FLR(FP)).
If you do make an FLR(FP) application, it has an additional condition of “insurmountable circumstances

Thirdly, another common situation is when the couple have a British child but cannot meet the requirements of a Spouse visa, such as the Financial Requirement of £18,600. Family Life application does allow to waive it but it will only happen if such an application is approved in your individual case, rather than it being a path for all applicants.
It is rather well-known that Exception paragraph EX.1 allows for exception for a parent of a British child. What is less known is that the same paragraph has an additional requirement that “It would be unreasonable to expect the child to leave the UK”. In some cases this may worth arguing, such as if a child has spent years at school and is settled in the education system. However, it would be harder to argue if the child is very young, not attending a school yet and has not yet learnt to speak any language.

It is also less known that to qualify for FLR(FP) as a parent, you have to be either a single parent or a divorced/separated  parent with access rights – it is not for parents (of the child in question) who are in a relationship with each other.
In this case we would advise to consider qualifying under the Rules, such as meeting the Financial Requirement (such as getting additional employment) and to applying under FLR(M) or, if the current visa has expired by then, applying for an entry visa from abroad. Again, this would be ‘within the Rules’ (rather than discretionary) and in the 5-year route.

We also have a separate post here on the difference between 5-year and 10-year routes: http://1st4immigration-visas.blogspot.co.uk/2015/08/what-is-difference-between-5-year-route.html
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

What is the difference between 5-year route and 10-year route as a Spouse or Parent of a UK citizen?

5 years and 10 years refer to the number of years a migrant needs to spend in the UK, in the given category, to qualify for permanent residency. So, in the 5-year route one needs 5 years and in the 10-year route twice more, ie 10 years. It means if you get a visa in this route, you'd need 5 or 10 years respectively from the date of the first visa. It does not relate to the number of years preceding to the first application in this route.

When does each of them apply?

5-year route is for a migrant who is applying as a Spouse/Partner, or as a Parent, of a UK citizen under the Appendix FM and who is able to meet all the requirements. This is also known as application “within the Rules”. It means one can meet all the requirements, be it applying at the right place (ie switching from another category when it is allowed), meeting the Financial or English language requirements or otherwise.  

10-year route applies to the applications under FLR(FP) category, as a Spouse/Partner or a Parent, and are claiming (or asking) to be considered under the Exception paragraph EX.1. These applications are discretionary because the applicant usually can’t meet one or more of the requirements, such as the Financial Requirement. The benefit is that this route allows to avoid meeting some of the Rules (subject to conditions and the exceptional or compassionate circumstances). The downside is requiring the applicant to spend twice more time in the UK to qualify for permanent residency.

 5-year route means 2 applications, 2 sets of fees, 2 visas, each for 2.5 years.

10-year route means 4 applications, 4 sets of fees (unless the applicant can prove he/she is destitute), 4 visas, each for 2.5 years.

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
 

 

New for Entrepreneur and Investor applicants from 1 September 2015: overseas criminal certificate.

If you are considering making an application under a Tier 1 (Entrepreneur) or (Investor) category from outside the UK (known as Entry Clearance), from 1 September 2015 you will need to provide a criminal records check (ie a certificate) from each county where you lived for at least 12 months in the last 10 years (excluding the UK as this can be checked on the UKVI system).

It will also apply to the adult dependants of the main applicant.

If it may take a long time to obtain such a certificate in your country, you can avoid doing it by making your application in August. You can submit the online application form and pay a Home Office fee before 1 September for your application to be deemed as "submitted in August", even if your appointment to submit the documents and biometrics is some time after that. This is because of the term of ‘date of application’, which is based on the date of payment in the overseas applications.

The general logic does not change, all visa applicants have to declare all criminal convictions, from however long ago, on the application forms. Then the visa officers consider these, if any, under the General Grounds of Refusal, which apply to all applications under the Points-Based System. The change is having to provide an official document to prove it.    

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
 

Saturday, 8 August 2015

Points-Based System training course Saturday 19 September: Tiers, Points, Dependants, qualifying for ILR. CPD 7 hours. Just on time for OISC exam on 28 September!

We offer an intensive Saturday course at our office in the City of London. 1st 4Immigration Ltd is a practicing OISC-accredited immigration company, OISC, ref  F200800152. We are also a recognised CPD provider and can be found on the OISC list of the training providers.

This course has a particular emphasis on Tier 2 General and Tier 1 Entrepreneur visa categories, applying for a Sponsor Licence and using Tier 2 Code of Practice as well as qualifying for an Indefinite Leave in these routes. It also covers (often forgotten in training) rules for family members of PBS migrants. You can earn 7 core CPD hours credit, subject to the successful completion of the test after the course.

As a practicing company, we are offering to share our experience to help you deal with the applications of Points-Based System migrants, their family members and ILR applications based on PBS categories. You can read Testimonials on our immigration cases here. 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, a Questions & Answers session and a test to test your knowledge, 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!

You can book PBS training courses here (we have training almost every month):  http://www.1st4immigration.com/training/pbs-course.php

Upcoming training dates: 
 
Saturday 19 September 2015. In time for OISC exam on 28 September.

Saturday 17 October 2015. In time for OISC exam on 29 October.

Saturday 21 November 2015. In time for OISC exam on 23 November.

Saturday 5 December 2015. In time for OISC exam on 17 December.

Alternatively, for OISC Level 1 training dates please visit http://www.1st4immigration.com/training/classroom-oisc-level-1-course.php

1st 4Immigration Ltd,
OISC no F200800152, CPD ref 80001 from the CPD Standards Office.
68 King William Street, City of London, London, EC4N 7DZ.

Who is exempt from the Financial Requirement £18,600 for a UK visa as a spouse of a UK citizen?

Our favourite expression is “the answer is in the Rules”. And it is, in this case in the Appendix FM: https://www.gov.uk/government/publications/immigration-rules-appendix-fm  In Family life with a partner, then Section EC-P: Entry clearance as a partner, Section E-ECP: Eligibility for entry clearance as a partner, then in Financial requirements.

In this case a list of those who are exempt will be in the below paragraphs:

------------------------------------------------------------------------------------
E-ECP.3.3...

(a) the applicant's partner must be receiving one or more of the following -

(i) disability living allowance; (ii) severe disablement allowance; (iii) industrial injury disablement benefit; (iv) attendance allowance; (v) carer's allowance; (vi) personal independence payment; (vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or (viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme;...
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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

 

Thursday, 6 August 2015

How to use Exception paragraph EX.1 in FLR(FP) Family Life applications as a Spouse / Partner of a British citizen?

This post is in response to numerous enquiries about the existing exception for partners and parents under the Appendix FM. This exception, mentioned in paragraphs EX.1 and EX.2, allows some migrants to bypass the rules, such as on the Financial Requirement £18,600 or English or even allows to switch inside the UK instead of having to apply abroad for an Entry Clearance.

Of course, it sounds good that there is an exception from the rules. However, EX.1 paragraph, under the Section EX, is not a standalone rule, ie not a rule you can apply under. Instead it is used as a part of other sections in the Appendix FM. Those other sections tell you when it can be applied and what happens if it does apply (ie what rules can be waived) and what decision you may get (ie that it will be in the 10-year route).

In this post we are concentrating on the rules for partners of UK citizens, rather than parents (a parent of a British child has an additional requirement not to eligible to apply as a partner).

So, let’s go on Appendix FM: https://www.gov.uk/government/publications/immigration-rules-appendix-fm  : in Family life with a partner, Section R-LTRP: Requirements for limited leave to remain as a partner. Right there you can see that a partner has to meet either all the requirements under the sections which follow or meet some of the specified requirements and “paragraph EX.1 applies”.

The easiest example to give here will be further down in Section E-LTRP: Eligibility for limited leave to remain as a partner, then in Immigration status requirements:

-------------------------------------------------------------------------------------------------------------------
E-LTRP.2.2. The applicant must not be in the UK –

(a) on temporary admission or temporary release, unless the applicant has been so for a continuous period of more than 6 months at the date of application and paragraph EX.1. applies; or

(b) in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX.1. applies.
--------------------------------------------------------------------------------------------------------------------

In plain language the above means a migrant, who has overstayed a visa in the UK for more than 28 days, can’t make an application as a partner within the UK (ie has to apply outside the UK). However, there is an exception: if he/she meets the requirements of EX.1. If one can prove that yes, he/she does, then an FLR(FP) application would be successful, with the outcome of a 2.5-year visa in the 10-year route. If not, then has to apply for an Entry Clearance from outside the UK and would get a visa in the 5-year route (which is worth considering as 5 years is twice less than 10).
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