Saturday, 25 June 2016

Brexit vote – let’s not panic!

It seems everyone is commenting on the result at the moment, that’s 52% of the UK voted to Leave the European Union. Well, everyone but the UK Visas and Immigration, the part of the Home Office that deals with, well, immigration. At the moment of writing this post on Saturday, 25th June 2016, there is no news story on their website: https://www.gov.uk/government/organisations/uk-visas-and-immigration . They are probably still digesting the news!

Here is our advice to the European/EEA nationals and their family members:

If you hold a valid immigration document, it is likely you won’t be affected by the Brexit vote. The immigration law tends to allow those migrants, who had entered before “the change”, to continue as before. This is known as “Transitional Arrangements” and usually work well. Particularly under the UK national law.

If you do not hold any of such document, we advise to apply for one as soon as possible. Not even to wait until October when the Prime Minister steps down and Article 50 is expected to be triggered. Depending on how long you have been living in the UK (even if you have just arrived), it can be a simple certificate to confirm your status, permanent residence, or British Citizenship followed by a British passport.

If you hold an immigration document, but may qualify for the further step, we again advise to make it as soon as possible. For example, you may be due for permanent residence, which is normally a voluntary application unless you wish to subsequently apply for a British passport.

Based on the past experience, the changes tend to affect the newcomers, not those who settled in the UK. Even then, there are currently UK national immigration laws, which can cover the EU migrants in the future, perhaps undated based on the new circumstances. But to avoid the uncertainly – apply now!

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit http://www.1st4immigration.com/eu-eea-citizens-visas.php

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

Help me with the Rules! How to find out whether you can switch from one visa to another? From a Tier 4 to a Spouse, from a Tier 4 to Tier 2 or even from a visitor to a Spouse – it’s all there in the Immigration Rules!

We call it “The other way around principle’. Do not look on the Rules for a category you’re now in. You’ll find how to switch to your current visa, which you already have. It works “other way around” – look in the Rules of the category you’re looking to switch to. 

Each category has a section called Requirements for a Leave to Remain. Then you’ll see a point saying around the lines “The applicant must have or have been last granted a leave (that’s a term for a visa) as a ….” and the name of the categories which allow to switch. If you find your current visa there then you can switch, if not then not. If there is no section for a Leave to Remain then no one can switch to that category (example is a Tier 5 Youth Mobility Scheme).

Here are some common examples from our practice:

EXAMPLE: Switching from a Tier 4 Student visa to a Tier 2 General sponsored work visa inside the UK. The category you’re switching to is Tier 2 General, so this is where we need to look – Part 6A: https://www.gov.uk/government/publications/immigration-rules-part-6a

In the Tier 2 (General) … we get:

245HD. Requirements for leave to remain

(b) the applicant must:

… or (ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as:

(1) a Tier 4 Migrant …”

This is how you know you can switch. However, in this case, if you keep reading you’ll find some extra requirements for students, such as having to complete a degree on the current Tier 4 visa.

“…(d) An applicant under the provisions in (b)(ii) above must meet the following requirements:
(i) The applicant must have completed and passed:

(1) a UK recognised bachelor's or master's degree (not a qualification of equivalent level which is not a degree)…”

So, this is how you know about the extra conditions imposed on such switches. Try to do such an exercise with switching from a Tier 4 to a Tier 1 Entrepreneur visa (won’t be easy because the extra rules aren’t as easily provided but they are still in the Rules!).

OTHER COMMON EXAMPLES INCLUDE – please contact us for an advice session if you need answers:

Can I switch from a Tier 4 visa to a Spouse or Partner visa?

Can I switch from a Tier 2 visa or a Tier 4 visa – to a visa as a Spouse of an EEA citizen? These would be under the EEA Regulations, not under the UK Immigration Rules, and are very different.

Can I switch from a Tier 2 Intra-Company Transfer to some visa which leads to an ILR?

Very popular: Can I switch from a Tier 4 student visa to a Tier 1 visa?

I am finishing my degree on a Tier 4 visa, what options do I have to stay in the UK?

Furthermore, other common questions are also answered by the Rules. For example, does my visa allow to work? Does my visa lead to permanent residency?

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

Wednesday, 15 June 2016

UK immigration visas: what is Switching? Another post for our popular series of posts under “Help me with the Rules!”

Switching is not an official legal term, although we (and the UK immigration authorities) use it all the time in our immigration law practice. Switching simply means changing a visa category while inside the UK, ie switching from one visa 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 (as opposed to returning to  your country and applying from there), and it is only allowed if the UK Immigration Rules specifically say so. Sometimes the Rules say what visas you can switch to your desired category, or sometimes what visas you cannot switch from. 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.
 
How to determine in the Rules if switching is possible? Read our next post and find out!
 
If you are a migrant, or a migrant’s sponsor (spouse/partner, family member or employer), and would like to have individual, personalised, advice on your immigration situation from a prominent immigration law firm in the City of London (that will be us!), please contact: info@1st4immigration.com (we respond to emails on the same working day) or visit www.1st4immigration.com . We are accredited by the OISC at the highest Level 3.  
 
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training . Our training is CPD-accredited and accepted by the OISC.
 
1st 4Immigration Ltd: 68 King William Street, City of London, London, EC4N 7DZ.
 

Places still available! OISC Level 1 course, Friday - Saturday 24 - 25th June 2016, City of London, from a practising OISC-accredited immigration company. CPD 10 hours accepted by the OISC.

Join us for this very informative and practical 2-day course at our office in the City of London!  UK Immigration Rules, visas, switching, visas for spouses and partners, what a great idea! Or perhaps you would enjoy learning about British Citizenship or Points-Based System, EU/EEA applications and European law?  

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:
  

24-25th June 2016


Our tutors are our very own OISC-accredited practicing immigration advisers who handle the real cases during the week.
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 aprinted 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.comPhone: 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?

French Schengen visa for business travel – we can submit your application any working day without an appointment!

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 for a business Schengen visa we are allowed to submit visa application any working day without an appointment.  
SCHENGEN VISA FRANCE:
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. French Embassy is the best for longer, multiple-entry Schengen visas, particularly for spouses and family members of UK / EU / EEA nationals. 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 
In case of a business visa, we can arrange submission any working day without an appointment!


SCHENGEN VISA GERMANY:

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
SCHENGEN VISA PORTUGAL:
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.

Fast Schengen visa for summer travel 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, a prominent visa company in the City of London, is accredited with the official French visa centre in London, we have many years of experience of working with French and other Schengen Consulates / Embassies. 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. French Embassy is the best for longer, multiple - entry Schengen visas, particularly for spouses and families of UK / EU / EEA citizens. Webpage: http://www.multitravelvisas.co.uk/schengen-visa-france.php 

GERMAN SCHENGEN VISA:

German Schengen visa takes 5 working days from the date of appointment. Spouses and family members of UK / EU / EEA 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:

Schengen visa (Portugal) takes 1 week from the date of submission. As an accredited agency, we can submit applications without appointments every week. 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.

Fast UK / British passport renewal for the summer holidays! Submission within 2 working days (no appointment needed when applying through us). Renewal, replacement of lost passport, and a 2nd valid passport for frequent business travellers.

Multi Travel Visas, a prominent UK visa company in the City of London, can assist with renewing a UK passport using fast service at the Passport Office in London, with the authorisation from you as per the government requirements. We can usually submit passport applications within  2 working days, there is no need for you to wait for an appointment. 

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 1 - 2 working days. 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.

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.  

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. 

Sunday, 12 June 2016

How to calculate £18,600 income for self-employed for UK Spouse / Partner / Fiancee visa under the current rules?

The family Rules cover quite well the subject of how to calculate income for employees to meet the Financial Requirement. Every employee has (or should have) payslips and bank statements. However, it is not clear to many applicants (and many immigration lawyers) how to calculate income of self-employed people. Let us not forget that the UKVI policies are written by their staff who, by definition, are employees. We at 1st 4Immigration are very keen on working with self-employed visa applicants and sponsors, as it is very interesting and often more challenging.
 
Our company has extensive experience with assisting with all types of cases for self-employed people: a sole trader (self-employed in HMRC terms), a limited company owner (a company based in the UK or overseas), a partner in a partnership or LLP, including a contractor / freelancer, working through an agency or umbrella company - you name it, we've done it! We love this subject because we are immigration entrepreneurs (ie "self-employed") and the founders of 1st 4Immigration are a couple who have been through this very process of Spouse visas more than 10 years ago (and happened to work through some dramatic visa rules' changes since then).
 
All of our cases in this category have been successful, and visas have been granted!
If the applicant’s partner and/or the applicant (if in the UK with permission to work) is in self-employment at the date of application and in the last full financial year received self-employment income, it can be used to meet the Financial Requirement.
What’s meant by a ‘full financial year’? If a person is self-employed as a Sole Trader or Partner then their financial year would be a UK tax year, ie for the last period from 6 April to 5 April.
If a person has a limited company then their financial year would be company’s financial year. It is a year for which the company prepares accounts, the ones which are then submitted to the HMRC and Companies House. It is also the same period as covered by a form CT600.
Does one have to be self-employed for a ‘full’ financial year? No, ‘full’ refers to the documents covering a financial year rather than a person working for a full year. With limited companies it would be an accounting year. However, in case of a Sole Trader or Partner they need to show their tax returns showing earnings from self-employment being minimum £18,600 in the respective tax year, regardless of when during the tax year they started self-employment. For example, if a person registered as self-employed in August then his/her tax return would still be up to 5 April next year. If that tax return shows earnings of £18,600 from August to 5 April then it would be OK for a visa – since the person managed to earn £18,600 during the period August – 5 April. 
Director’s Salary. Most company owners are paying themselves a ‘salary’ (Director’s salary) and the rest in dividends. Many clients ask us if they could simply provide payslips and matching bank statements for the salary only (without dividends), in other words, salary they paid themselves through PAYE. Many are prepared to do so for 6 months to achieve £18,600 annual gross figure. This would simplify their applications a great deal, as they would like to apply under category A or B (employment, not self-employment). The answer is No, director’s salary will be assessed in the same way as ‘self-employed’ and for the same period as company’s financial year (as above).
 
The above is a good start on the subject, but there are further extensive requirements. For example, a limited company's financial year can be "manipulated" (in a good way and of course, legally) to avoid a long wait until the end of the current financial year. Furthermore, the Rules are fundamentally different if a limited company is based outside the UK.
 
PS Some food for thought: a limited company is now owned by directors; can be but doesn't have to be. A company is owned by shareholders, yet in the above, did you see any reference to shareholders at all?
 
For a detailed advice, or to make an application, whichever combination of financial resources you are hoping to us, please contact us info@1st4immigration.com or visit www.1st4immigration.com     

Thursday, 9 June 2016

A wonderful testimonial for our Schengen visa services

"Hi Sebastian, thank you for the great news and your excellent service! I’m very pleased with my experience and the outcome." Vitaliy

This came from Vitality who was issued a multi entry Schengen visa for 5 years by the French consulate. It is possible to obtain a French Schengen visa within 4 working days from the date of appointment for most nationals, such as South African, Thai, Filipino, Russian, Indian, Chinese and most others. We can also assist with a German and Portuguese Schengen visas.

The good thing about applying through French Embassy is that they tend to issuer longer, multiple-entry, visas. Although you have to go through a very stringent process of application, you may have a visa lasting for several years.  

Contact us at Multi Travel Visas:





Fast UK passport renewal through the Passport Office in London): http://www.multitravelvisas.co.uk/same-day-british-passport-renewal.php


Website homepage with all services: http://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 toBank and Liverpool Street, over the bridge from London Bridge station and within easy reach by DLR from Canary Wharf.



If only politicians stopped talking about “bringing the Points-Based System” and looked in the Immigration Rules! They would find it already exists...

Not a day goes by without mentioning an Australian-style points-based system for migrants.  How strange since the Points-Based System has been existing in the UK since 2009. Here is a link the Immigration Rules, Part 6A, called, unsurprisingly: “The Points-Based System” https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system

The current Points-Based System is, well, points-based; it was created circa 2008 and implemented in stages during 2008-200, and back then it was also portrayed as “Australian-style”.

The system, called PBS for short, has Tiers (Tier 1, Tier  etc), with Tier 1 covering entrepreneurs and investors, and previously highly skilled migrants (which was closed by Theresa May in 2011). Entrepreneurs need £200 000 to invest into their business in the UK while Investors need £2 million to invest to the UK government bonds and UK companies.

Tier 2 covers sponsored employees, meaning only those migrants with the skills required by the UK employers are admitted to the UK or are allowed to remain in the UK. The Home Office vigorously enforces the rules, such as requiring an employer to have a genuine vacancy for a migrant which can’t be filled with the settled workers. A very common example is a job advert, which is “tailored too much for a specific migrant”, thus making it hard for settled workers to qualify, would be rejected when employer is trying to secure a Tier 2 Sponsor licence (permission to sponsor non-EEA migrants).

Tier 4 covers students, and again there are extensive rules on colleges and universities.

Why not to use (or update) the current Points-Based System?  

1st 4Immigration Ltd is a genuinely “leading” (although everyone else says so too) Points-Based System law consultancy. We are experts, accredited by the OISC at the highest level, and have a 100% success rate on most visa categories, particularly for Tier 1 Entrepreneurs and particularly when we are also preparing a business plan. Here is our Testimonials page:  http://www.1st4immigration.com/testimonials.php

For an individual advice or to have a legal advice on your immigration application please contact us:info@1st4immigration.com or visit   http://www.1st4immigration.com

What’s wrong with this article on politics.co.uk? It’s about £18 600 UK Spouse visa requirement and in short, employment income is not the only way to meet the Financial Requirement!

Here is an interesting article on politics.co.uk website, dated February 2016, regarding the unpopular Financial Requirement of having income of £18 600 in order to sponsor a non-EEA spouse for a UK entry clearance (visa from outside the UK, ie to bring a foreign spouse to the UK). Link: http://www.politics.co.uk/blogs/2016/02/22/supreme-court-could-knock-down-tory-anti-love-rule
Perhaps for extra dramatisation, the author  says (quote): And the system is despairingly arbitrary. You can't, for instance, include the spouses' income. So if a millionaire marries a junior English nurse, he won’t be allowed in, despite the fact his presence would contribute considerable sums to the economy. Only the junior nurse's salary counts.”

Well, not true! The £18 600 threshold remains extremely unpopular (especially when compared to the EEA law for spouses of EEA nationals who don’t need it). Although as an immigration law firm we can’t change the Rules (the law), but can advise on planning your visa application in order to meet the visa rules and subsequently secure a Spouse visa.

Why is the above statement wrong? If the couple were relying on employment income only then yes, only the British spouse’s (the nurse) salary would count. However, there are plenty of other ways to meet the Financial Requirement for a millionaire, and not for quite a millionaire too.

Instead of using the salaried employment as a source the couple could use the millionaire’s savings. The amount needed is £62 500 held for 6 months, which is possible for a millionaire as well as for many well-off people who are not quite millionaires. It would have to be cash savings, so if one has a property or investments (bonds etc), they would have to sell them and put the cash in the bank. Inconvenient – yes, impossible – no.

Other sources they could use: property rental income (and no need to sell a property, unlike in the above example), pension, dividends from investments or from a business outside the UK.

It also possible to use a combination of various sources, such as rental income and savings, pension and savings etc, although there are extensive and very specific rules on that in the immigration law.

Finally, the nurse in our example could also secure a 2nd job, with the salary which would make up the gap between her current salary and the required £18 600 threshold. Only for a temporary period, though, as once a foreign spouse is in the UK, they can work and use their UK salaried income at the next visa application stage (and the nurse could quit the 2nd job as soon as the entry visa has been issued!).

1st 4Immigration Ltd is a genuinely “leading” (although everyone else says so too) UK Spouse visa law consultancy; we are experts accredited by the OISC and have a 100% success rate. Here is our Testimonials page: http://www.1st4immigration.com/testimonials.php#spouse-outside

For an individual advice or to make your application as successful please contact us:info@1st4immigration.com or visit   http://www.1st4immigration.com/spouse-partner-visas-after-9-july-2012.php 

If you find it difficult to qualify for a Spouse / Partner visa because of the Financial Requirement, you may find this article useful (plus a few similar ones on our blog): http://1st4immigration-visas.blogspot.co.uk/2015/09/solution-for-margaret-on-how-to-secure.html   and this one of who is exempt from the £18,600 threshold: http://1st4immigration-visas.blogspot.co.uk/2015/08/who-is-exempt-from-financial.html   

 

Monday, 6 June 2016

Places still available! OISC Level 1 course, Friday - Saturday 24 - 25th June 2016, City of London, from a practising OISC-accredited immigration company. CPD 10 hours accepted by the OISC.

Join us for this very informative and practical 2-day course at our office in the City of London!  UK Immigration Rules, visas, switching, visas for spouses and partners, what a great idea! Or perhaps you would enjoy learning about British Citizenship or Points-Based System, EU/EEA applications and European law?  

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:
  

24-25th June 2016


Our tutors are our very own OISC-accredited practicing immigration advisers who handle the real cases during the week.
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 aprinted 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.comPhone: 0871 472 1468 (£0.13 per minute plus your provider's access charge, emails are free).
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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?