Wednesday, 30 October 2019

🎓 Classroom And Livestream OISC Level 1 Training Course. CPD 10 Core Hours, 2-3 November 2019, Saturday And Sunday, 10am-5pm, £250+VAT.

Having finished filming the BBC documentary Who Should Get to Stay in the UK?, we are excited to offer our OISC Level 1 courses during autumn 2019!

As the subject of UK immigration is becoming even more exciting, you can keep up-to-date with our classroom and online training – and claim CPD hours.



2-day weekend course is conducted at our office in the City of London and presented by our Level 3 accredited Senior Immigration Lawyer, Jules Motcho. That’s him on the far right on the photo!


Classroom and livestream training:

2 – 3 November 2019, Saturday/Sunday 10am-5pm, CPD 10 hours, £250+VAT. Book now!



Online self-study course:

If you prefer studying in your own time, we have a more detailed Online OISC Level 1 courses here. CPD 16 hours, £199+VAT.


1st4Immigration is one of the most experienced and prominent UK immigration law companies, accredited by the OISC at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office address: Tower 42 (NatWest Tower), 25 Old Broad Street, City of London, London, EC2N 1HN.

Wednesday, 16 October 2019

❗Part 2. Immigration articles worth reading (and worrying). NHS doctor is threatened with deportation over basic visa mistake.


NHS doctor is threatened with deportation over basic visa mistake. How a basic, non-common-sense rule can stop from securing a UK visa. And why you shouldn’t worry if your refusal letter says “You must now leave the UK”. 



Was it correct under the law to deny a visa? Bizarrely, yes, it was. 

In this article, a Taiwanese junior doctor was refused a work visa because of a small mistake, a technicality. She applied under the sponsorship of the NHS (no less), to work as a much-needed junior doctor.  

The problem: 
It was Maintenance requirement. She must have had £945 held continuously for 90 days. She had it but the balance fell below £945 for a few days. A small mistake, a technicality, yet the outcome was a visa refusal and what newspapers called a ‘deportation letter’. 

The rule of “held for X days” means the balance must not have fallen below the minimum amount even for 1 day even by £1.

Although this situation is about a Tier 2 sponsored work visa, the same logic applies to other categories. For example, for a Spouse visa, if you are using Savings to meet the Financial Requirement, you need a balance of £62,500 held for 6 months. Not falling before even by £1 for 1 day. Here we have ‘only’ £945 held for 90 days, and yet it created such a stir!

Solutions? 
As usual, the press to dramatise such events, so they report that “the doctor is threatened with deportation”. In fact, not only can she re-apply for her visa, her NHS sponsor can certify this rule for her. The latter solution is not even available to spouse of Brits, where help from any third party is not considered. 

What about a ‘deportation letter’? 
This comes up a lot in the press, again, this is a good way to add some drama! In reality, it is a standard letter that comes with every refusal. It is a pre-typed wording, generated by a computer. It does say ‘you must now leave the UK’, which is not helping. It means you must leave if you don’t make a new application, don’t or can’t appeal, and there is no other basis of remaining in the UK.  

Further question to think (and worry) about: 
What happens with the right to work while waiting for a new visa? 

Next time: 
Girl, two, faces deportation even though both of her parents hold British passports because she hasn't lived in the UK for seven years. It is as ridiculous as it sounds! And the wrong application to start with.


As always, we are here to offer individual adviceyou can book here on our website. A consultation can be face-to-face at our London office, on What’s App, Skype or email. 

1st4Immigration is one of the most experienced and prominent UK immigration law companies, accredited by the OISC at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office address: Tower 42 (NatWest Tower), 25 Old Broad Street, City of London, London, EC2N 1HN.

Wednesday, 9 October 2019

❗Immigration articles worth reading (and worrying). Part 1. School sends home a teacher because she has no right to work.


School sends home a teacher because she has no right to work – her Indefinite Leave is in the old passport. If your passport expired, do you need to transfer your UK visa? Yes and No, there is no short answer. 



Was the school correct in applying the law? Bizarrely, yes, they were.  

If you have a biometric residence permit (BRP), a visa card that looks like a bank card, you don’t have to do anything until this visa expires. If, however, you have an old Indefinite Leave to Remain (ILR) sticker in your passport, then the answer becomes more complex. 

In this article, a Trinidadian deputy headteacher (no less) has had her ILR since 1989, is married to a UK citizen and has British children. The immigration law does not require her to transfer ILR to a new passport, she can travel with both passports. It is employment law that was ‘the problem’ here. 

Some relatively recent changes in employment law made it compulsory for non-EU citizens to have either: 
  • Valid BRP. It has expiry date, unlike old ILR stamps that were, well, indefinite.  
  • ILR sticker in the valid passport. 
  • Same applies to non-permanent visas, such as Spouse visa for 2.5 years or Tier 2 visa for 3 years etc. This article was based on the confusion between a visa saying ‘indefinite’ but being ‘no so indefinite’. 

Solutions? 

The press likes to dramatise such events, so they report that “family appealed for help”. There are, in fact, 3 solutions:
  • To transfer ILR to a biometric card. It won’t be attached to a passport anymore but it will have its own expiry date. This costs money in Government fees, especially to do it on 24-hour service, so the cynics in us think maybe this was the purpose all the way! 
  • To apply for British Citizenship and get a UK passport. 
  • To do both: to get a BRP on a 24-hour service, so the right to work is not affected. And then to apply for Citizenship which cannot be sped up but worth waiting for. 

Further question to think (and worry) about: 

What happens to biometric ILR when you apply for British Citizenship? 


Next time: 

NHS doctor is threatened with deportation over small visa mistake. How a basic, non-common-sense rule can stop from securing a UK  visa. And why you shouldn’t worry if your refusal letter says “You must now leave the UK”.
 
As always, we are here to offer individual advice, you can book here on our website. A consultation can be face-to-face at our London office, on What’s App, Skype or email. 

1st4Immigration is one of the most experienced and prominent UK immigration law companies, accredited by the OISC at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office address: Tower 42 (NatWest Tower), 25 Old Broad Street, City of London, London, EC2N 1HN.




Tuesday, 8 October 2019

👫5 most common questions about UK Spouse visa


#1 How long can I be out of the UK? 
#2 Difference between 5 and 10-year route? 
#3 Does having a British child exempt from the Financial Requirement £18,600? 
#4 English language: A1, A2 or B1? 
#5 When to apply for British Citizenship: 3 or 5 years? 



#1 How long can I be out of the UK?

By far, most common question ever! You might have heard 6 month or 90 days or 6 months per year. 
The ruth is: there is no rule. Each case is considered individually.
The only rule is “you live permanently with your partner in the UK”. 
In practice, with the new online application forms, you will be asked about your trips abroad and reasons, such as holiday or work. 
It will attract attention if you spend more than 50% of your '‘visa time” outside the UK. 
We recommend to go by the same rule as for work visas: 6 months per year and your main home has to remain in the UK. 
If this affects you - please contact us for an individual assessment. 

#2 Difference between 5 and 10-year route? 

5 or 10 years refer to the amount of time you need to spend in the UK to quality for permanent residency. 
In the standard 5-year route you need only 5 years (2 visas: 2.5+2.5) but have to meet all the requirements including Financial £18,600. 
In the 10-year route, you need to wait twice longer and pay more (4 visas: 2.5+2.5+2.5+2.5) but some of the requirements, such as Financial or English, can be waived altogether. 
It is often thought (mistakenly) that 10-year is an easy route, available to all. 
This is not the case! 
It is only for those with exceptional / compassionate circumstances.

#3 Does having a British child exempt from the Financial Requirement £18,600? 

This is in continuation of the above. 
We often see clients coming to us who cannot meet the Financial Requirement £18,600.
Often it is because of the way it is administered rather than because of not having a £18,600 job. 
The question goes: “But we have 2 chidden born in the UK and they have UK passports, does it make a difference?" 
The answer is: “if you are applying for extension, Yes, very likely”. In practice, you are likely to be given a visa - but in the 10-year route (see above). 
If you are applying for an entry visa, No, it is unlikely to make a difference in most cases, and you would need to wait until the Financial Requirement has been met. 
On the positive side, the income threshold remains £18,600, it only goes up if non-British children are applying for visas.  

#4 English language: A1, A2 or B1? 

What a confusion! How many levels are there, when do we need what? 
When you apply for your 1st Spouse/Partner visa, you need the most basic level - A1. 
When you apply for extension (after initial 2.5 years), you need a higher level - A2.
When you apply for permanent residency, you need an even higher level. - B1. 
When you apply for British Citizenship, you need the same B1 level, so, in practice, you don't need to meet it again. 

#5 When to apply for British Citizenship: 3 or 5 years? 

This is another common misunderstanding. 
If you read the guidance on the internet, you will see 3 years. 
Yet professionals, like us ,say 5 years. Who is right? 
Doesn't help that press claims Meghan Markle can have it after 3 years (she can't). 
So, the actual rule in the Nationality law is indeed 3 years but….!
It is only one rule of several. 
Another rules is to have a permanent residency status (Indefinite Leave). 
From 2012 spouses and partners need 5 years in the UK to qualify for it. 
The real answer is: you need 5 years!   

For more, welcome to our website, page In detail: UK Spouse and Partner visas

As always, we are here to offer individual advice, you can book here on our website. A consultation can be face-to-face at our London office, on What’s App, Skype or email. 

1st4Immigration is one of the most experienced and prominent UK immigration law companies, accredited by the OISC at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office address: Tower 42 (NatWest Tower), 25 Old Broad Street, City of London, London, EC2N 1HN.