🎄 Most common visa questions of 2019

#1 Return of post-study work visa.
#2 Can I work if my UK visa is in the expired passport?
#3 Savings for a Spouse visa
#4 Does the British spouse have to be in the UK all the time?

Dear customers of 1st 4Immigration and Multi Travel Visas, 

As we are approaching 2020, here are 4 most common questions we faced in 2019.

#1 Return of post-study work visa.

This visa category was very popular until its closure in 2012. There are now plans to revive it for foreign students (EU and non-EU) who begin a degree course during 2020/21 intake at UK universities (but not to those who are already studying here now). There are no further details yet, but if it is based on the past, graduates would be able to stay in the UK for 2 years with the right to work. It won’t lead to Settlement but 2 years could be enough to find sponsorship for a work visa. Or to set up a business. Or qualify as a parter of a UK citizen under Unmarried Partner category that requires 2 years of living together. 

#2 Can I work if my UK visa is in the expired passport?

As we traditionally imagine our visas “attached" to our passports, this question comes up a lot. So, what’s changed with the recent technology? With a Biometric Residence Permit (BRP), most visas are now look like a “bank card” and come separately from the passport. If your passport expired, you don’t need to transfer it. If you have an electronic status under EU Settlement Scheme, you don't need to worry about passport expiry date at all. Your status is in the UK Government system and employers can check it. 

However, if you still have an old-style “Indefinite” stamp in your passport, you can still “be” in the UK after your passport expires. But! You cannot work until you have applied for a new ILR based on your valid passport. You will get a BRP, currently issued until 31.12.2024 (they all expire on that date). What will be next? We don't know but there was an announcement that all visas would become electronic, i.e. an email and status in the system instead of a visa card or stamp, similar to an ESTA in the USA. This is also in line with what European citizens are given now under EU Settlement Scheme. We’ll have to wait and see! 

#3 Savings for a Spouse visa

This question does not lose its popularity because the Financial Requirement rules say "£18,600 income or savings”.  There is plenty of confusion on how much savings a couple needs if they cannot meet the £18,600 income rule. Or can, but not in the way to satisfy the Immigration Rules, which is often the case when both partners are moving to the UK together after living abroad. Especially when a non-British partner has a better-paid job abroad, which we cannot count for the visa purpose. The couples do often have savings, or family members who are wiling to help. So, the amount of savings is £62,500 for a spouse/partner (more if children are also applying) and must have been on the balance for 6 months. The amount goes down to £34,600 when applying for Indefinite Leave. There are variations, such as combining a property ownership and cash from its sale, or using investments instead of cash savings, or combining pension and savings. We can advise on all of these when working on your individual situation! 

#4 Does the British spouse have to be in the UK all the time?

Very common for couples who used to live abroad and moved to the UK when children reached the school age. You may still have a business or family overseas, or a job for a UK employer that requires frequent travel. In the past we covered the rules on for a foreign spouse while on a Spouse/Partner visa here. But what about the British citizen, are there limits on absences from the UK which may affect your partner’s UK visa? There is no short Yes or No answer. The general rule is a British partner is settled in the UK, the UK being their main home. In the ideal scenario, you own a family home here, your children go to school here, your income is generated and/or declared here (and tax paid here too). 

Other than that, there are no specific rules, so each case will be considered on the individual basis. If you have concerns about this, we have over 10 years of experience of helping spouses and families of UK citizens, and we have seen a great variety of scenarios!

We wish you all a very Merry Christmas and look forward to more cases and more visas in 2020!

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. 

1st 4Immigration 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.