UK Visas and British Citizenship

“1st 4Immgration has offered a great immigration service towards my application. I found their immigration service was very professional, responsive and quick throughout the whole application process. One of the thing that stood out for me was their attention of details assessing the each and every documents. It was thorough process yet it was very satisfying and delightful when the application was eventually approved . I would highly recommend them to many others.” This came from Mr K, a Malaysian national switching from a Post-Study Work visa, who had already set up his limited company and was working as a contractor (as an engineer) and provided £50,000 in funds. This case beat the records on processing times and was approved within approx 3 weeks! No interview and no request for additional documents.    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 Advise

“Thank you so much for all your help and advice (and patience with our endless questions), and for preparing our application so well. It all went smoothly (during same-day service appointment) and we were all done in 2 hours with minimal questions. “   Ms S and family, South African nationals, applying for an Indefinite Leave to Remain (ILR).    In this case the main applicant had an Ancestral visa and was approaching the point of living in the UK for 5 years.   The spouse used to be on his own visa in the past (not Dependant), which has now expired and the spouse was staying outside the UK. The couple’s child had a Dependant visa on the main applicant.    It was now time for the main applicant to apply for an ILR and the plan was to include the daughter. However, we advised that from 9 July 2012 children of Part 5 migrants could be included into an ILR application only if both parents were applying for an ILR, or were lawfully in the UK. But not if one parent was here and the o

“That's great news, thank you! I guess I will be your first Nigerian client who doesn't get invited for a face to face interview!” This came from Obi, a Nigerian national, who switched from a Post-Study Work Visa to an Entrepreneur category. His previous application was refused, before coming to us, because he did not provide an advert for his company. Even though many applicants genuinely don’t need to advertise their businesses, such as they are already working as contractors, the Entrepreneur rules do require to produce one of the specified ways of advertising, ie because ‘it is a rule’ (rather than common business sense). In this case we used a free advert on a Gumtree website. As for the interviews, we already wrote in the earlier posts how the UKBA, or rather now UK Visas & Immigration (UKVI) are inviting many applicants for a face-to-face interview in Sheffield. All our Nigerian clients before Obi were invited for one. Obi was also interviewed but what was unusu

“We have accomplished obtaining my settlement right together. Not only have you made this highly complex process very easy for us but you also have taken all the stress and anxiety away from us. I appreciate that you always replied our e mails quickly regardless of time and place you were. It was a great opportunity to have been able to ask any question anytime. You have generated different alternatives in accordance with our circumstances which were very practical as well as money saving tips. As for the application day, Russell was a great help for us in every respect. My husband and I just sat in the café and enjoyed our coffees. Russell dealt with everything which was a really huge relief. To have worked with you for my settlement application was of the best decisions I have ever made. Thank you!” This came from Ms U A who applied for an ILR after 2 years in the UK on a Spouse visa. The main issue in this case was the new English requirement, which applies from 28.10.2013.

Have you applied for an Entrepreneur visa? Or switching to it from Post-Study Work where you need to already have a business? If Yes, it is very likely you will be invited for an interview. If you have not been invited yet then it is very likely you will be invited. In many cases we had, the UKBA invites for a face-to-face interview in Sheffield, although sometimes with a very short notice. In this case the applicant has a chance to prepare for the interview. However, invitation letter does not say what exactly is needed, only something standard, like ‘bring anything related to your case’. You may even be phoned by a caseworker and asked questions, effectively conducting a phone interview right at that moment. It may happen on a Saturday. Here are some examples of questions we have seen our clients asked. Please remember you may be asked different questions but you may still find it useful: “I looked at your website, you say (this) or (that) . Can you provide more informatio

We often hear from the clients: “I am employed but by my own company” or “My accountant says I am not self-employed, I have a limited company”. There are 2 definitions of a word ‘self-employed’, one for HMRC (the taxman) and accountants, another for UK Home Office and UK Border Agency, which is also used as a common sense definition.   UK Immigration Rules refer to self-employed people when it comes to meeting the points for Earnings in the Tier 1 General, Entrepreneur categories as well as when applying for an ILR based on them. Furthermore, rules on meeting the Financial Requirement under Appendix FM and FM-SE when it comes to applying for a Spouse/Partner/Fiancee visa.   For Home Office (UKBA) ‘self-employed’ means a person who works for him/herself, rather than working for someone else. This includes running a company or a shop as well as being a one-man-business. It also includes ‘contractors’ – workers who are employees in practice but who are self-employed ‘on pa

This posting is for those who need to prove English language for an ILR (everybody from 28.10.2013 unless exempt) and for a Spouse/Partner/Fiancee visa.   Spouses, partners and fiancees of British citizens and ILR holders: need A1 level in Speaking and Listening.   Everyone applying for an ILR: need a B1 level unless exempt because of age or illness and unless already prove it in the previous application, such as Tier 1.   The Immigration Rules say only Speaking and Listening need to be demonstrated at the required level, however, many approved tests cover all 4 components including Reading and Writing. What to do?   In such tests you need to look at an overall score at the required level, such as A1 for spouses/partners and B1 for and ILR.   IELTS would be a good example, it   provides an overall score and this is the one you’d need for a visa.   For an individual advice or to make an application please contact us:   info@1st4immigration.com  

Myth 1: “I can apply for an ILR (permanent residency) after 5 years of living in the UK”. Reality: you can apply for an ILR after 5 years on specified visas only, such as 5 years on Work Permit and Tier 1 General. Or 5 years on an Entrepreneur visa only (not combined with Tier 2 etc). This is because some categories are not even counted for an ILR, such as Student/Tier 4, Post-Study Work, most Tier 5 visas. The only way to qualify for an ILR based on residing in the UK alone is 10 years on any visas (or 20 years if illegal stay is involved). Myth 2: “I have a Tier 1 (or Tier 2) visa but I married a British citizen since then. Since we have been married for 2 years I can apply for an ILR on SET(M) form”. Reality: This is a very common misconception and such application will surely be refused by the Home Office. As above, an ILR is based on a number of years on specific visas. In case of spouses of UK citizens it is 2 years on Spouse visa only (under the old Rules) and 5 years on

"A massive thank you to Natalia, Lucy and Russell for the great support on my way to British Citizenship. Always very responsive, I didn't have a single question unanswered. My requests were dealt with precision and professionalism, and very often outside normal working hours. Time was crucial for me and the team managed to organize everything within the time limits. So, thank you team 1st 4 Immigration! It was a pleasure working with you!" Elena, Bulgarian national . Elena happened to study and work in the UK for about 6 years. She secured a Yellow Card as a student which meant she qualified under the Transitional Arrangements and did not need medical insurance. Elena then secured a Blue Card and has been working as an employee and self-employed. Elena was also married to a UK citizen which meant we had to only examine 5 years of exercising Treaty rights in the UK (and not 6 years). For an individual advice or to make an application please contact us:  info

"I wanted to thank Ms Lucy Crompton and Ms Natalia Andrews for all their help. I will definitely recommend them to my family and friends. Very helpful and supportive service. I got an extension for 3 years on Tier 2 General case."  This came from Zahra, an Iranian national, who we helped to switch from a Post-Study Work visa to a Tier 2 visa inside the UK. We used same-day service in Croydon. We also assisted the applicant's employer with getting a Tier 2 Sponsor Licence and assigning a Certificate of Sponsorship including advising on Resident Labour Market Test (which was not required) and on using a Code of Practice and SOC codes. 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 CDP website:  www.1st4immigration.com/training  

“I can't thank you enough for your hard work on this. I am so ecstatic I don't know what to say. I am actually in tears!!!”. Mrs A, national of Antigua & Barbuda who applied for a visa in the UK under the   Exception EX.1 for spouses of UK citizens applying on the basis of exceptional circumstances. In this case the Financial Requirement (£18,600) was waived as well as the requirement to be in the UK with a valid visa. In this case our client entered the UK as a visitor (nationals of Antigua & Barbuda do not need a visitor visa), then made an application for an EEA Residence Card. Unfortunately, it was refused because EEA applications for spouses of EEA (non-UK) citizens while our client was married to a British citizen. This application took the whole 9 months (and was refused), so when it happened Mrs A contacted us for a professional advice. We submitted application for a leave to remain (ie inside the UK) on FLR(O) form in the so called 10-year Parent/Partne

These are based on our experience as a London-based practicing immigration company. Confusing ‘5 years of residency’ with the ‘5 years of exercising treaty rights in the UK’. First is a myth, latter is a compulsory requirement. All EU nationals, including Romanian/Bulgarian must show they have exercised Treaty rights in the UK for continuous 5 years, rather than just being in the UK for 5 years. Examples of exercising treaty rights: working, being self-employed; plus studying and/or being self-sufficient (in both cases applicants need private medical insurance). If there is a break in exercising treaty rights then you will not qualify for Permanent Residency and therefore, won’t qualify for Citizenship either (Citizenship is mainly based on qualifying for Permanent Residency). In many cases we have to find a point where exercising treaty rights in one or more in the above activities became continuous. For example, counting from the date of start of the last job when there wa

If you are looking for help with your UK visa application you'd generally find these 2 types of professionals.  1) Solicitors, ie lawyers in a traditional meaning on the profession. They have formal legal training and are regulated by the Solicitors Regulation Authority (SRA) and also have a listing on the Law Society website.  2) Immigration advisers, like myself and others at our company, who are not solicitors in the traditional meaning of the profession but who are nonetheless fit to advise people on the Immigration Rules and who are regulated by The Office of Immigration Services Commissioner ( OISC).  What do we have in common?  We both can advise on the immigration law, we are both appropriately regulated (just by the different regulators) , both have to abide a Code of Practice, have professional insurance, both face penalties and being struck-off for acting against the regulations  etc. In fact, most OISC rules are written to be very similar of those of the

"Thanks very much for your help with this visa application (SET M application for an ILR). I must say that Adam, Tom and Neil were very helpful and is a credit to your company". Mark, a British national who made a SET(M) application for his Thai wife and a step-daughter. Mark is our regular client as we arranged several Schengen visas for his wife and step-daughter. It was now time for them to apply for an ILR. We processed this application 'under the old Rules', even though it was in February 2013. It was possible because the applicants had Spouse and Dependant visas issued before 9 July 2012, for 2 years, and could use the transitional arrangements. In other words, such application was processed like the old rule were still in place. As soon as an ILR has been done on same-day service in Croydon, we processed another French Schengen visas securing Schengen visas valid for more than 1 year. To make your application as successful, using same-day or

We have seen many people recently approaching us, believing (wrongly) that from October 2012 level of English language proficiency for spouses and partners of UK citizens has gone up from the very basic level of A1 to a higher level of B1.  Firstly, it is the 'wrong October' - the new level, B1, is proposed to come in force from next October - October 2013. Until then the rules remain the same as now - A1 level in Speaking and Listening. Proposed change - from October 2013 - is for those spouses/partners who are applying for settlement in the UK.  The problem (and confusion) here is a word 'settlement'. It has 2 different meanings of 'settlement' when applying for UK visas for spouses and partners.  Meaning 1: When applying from outside the UK 'settlement' visa means a visa which allows to come to the UK 'with the view of settlement'. In other words, for good, to settle, to stay here and not expected to leave the UK (unless voluntarily). This ap

We are asked this question all the time, especially by Australian citizens. Perhaps it has something to do with the state of economy but more and more people take an opportunity to work abroad, such as in Australia, Singapore, USA, the Middle East, Russia, Brazil, China and many other countries. Most people know not to leave the UK for too long during their 5 years qualifying period on visas like Tier 1 General, HSMP, Tier 2, Work Permit, Ancestral. However, what happens once you have an ILR? Can you go and work abroad, do you have to come back and when? Can you go and work, say, in Australia for a year, then come back and apply for British Citizenship? Firstly, an ILR is supposed to be a permanent visa but in fact it's not that 'permanent'. You can lose an ILR if you leave the UK for more than 2 years in a row. Such as leave for 2 years without coming back. An ILR will be lost and you'd have to start residency from the beginning. So, as long as you don't lea