UK Visas and British Citizenship

  Hire and sponsor migrant workers under the new Points-Based Immigration System from December 2020. It has been made easier - and better - for the British businesses to do so after Brexit. The new rules come in place on 1 December 2020, a whole month before the UK officially cuts its ties with the EU.   The 1st step in sponsoring (employing) migrant workers is a Sponsor Licence. Your business now needs it to employ people from both the EU and outside the EU, and the same visa rules apply to everyone.   If an employer does not have a Licence, they can apply for it and our company can help with the application and the entire process. Very often we are approached by a migrant (often on a Student or Tier 5 visa in the UK), whose employer is willing to sponsor them for a work visa. The process has been made faster due to abolishing of a resident labour test (no need to advertise a job to settled workers anymore) and also due to abolishing of annual limit (no need to wait for ...

  #1 More jobs (occupations) can be sponsored for a UK work visa.  Old rule: only degree-level jobs were allowed for a Tier 2 General visa. New rule: jobs at A level (RQF Level 3) are allowed for sponsorship under the new Skilled Worker visa.   #2 Switching from another visa category (without leaving the UK) has been made easier!  For example, you can now switch from a Tier 5 YMS visa to a Skilled Worker visa while in the UK, without interrupting your work. You can also switch from a family visa such as from a Partner visa to a work visa if your relationship has broken down and your employer wishes to sponsor you. Switching from a Student visa remains as before.   #3 To continue on the above, this deserved a separate point - switching from Tier 2 Intra-Company Transfer (ICT) is allowed from December 2020!  This is fantastic news for all those long-suffering Tier 2 ICT migrants, desperate to switch to a visa that leads to settlement in the UK. The ICT catego...

  The new points based immigration system - easier, faster and more flexible !    It’s beginning to feel a lot like ... Brexit. And it starts early on 1 December 2020, a whole month before the UK officially cuts the ties with the EU. The new immigration system for work visas starts on 1 December 2020. It allows to sponsor foreign workers faster, easier and on far more flexible terms than under the current Tiered (and tired) policy. It will be the same for EU and non-EU workers.    What’s better?   No annual limit - no restricted certificates - no waiting for a place or competing on salaries.  No resident labour test - no need to advertise a job to the settled workers to justify hiring a foreigner.  No cooling-off period, meaning no need to wait for 12 months to re-apply under this visa category.  No cap of how many years you can stay in the UK as a Skilled Worker (currently 6 years).  Lower salary levels in many cases (not in all). ...

Last time we covered the levels of salaries that sponsors (employers) have to pay those migrants they are about to sponsor under Tier 2 sponsored visa to work for them in the UK. In fact, Tier 4 migrants, ie students, make very attractive candidates for the employers to sponsor. Why? Here are a few benefits of being a Tier 4 visa holder switching to Tier 2. Benefit #1 : employers don’t have to advertise the job to settled workers before hiring a Tier 4 migrant. They still have to have a genuine vacancy, which you are qualified for, but there is no need to try and find a local worker first for 28 days. Particularly useful for generic non-specialist vacancies.   https://www.gov.uk/uk-visa-sponsorship-employers/job-suitability Benefit #2 :  employers can offer you a New Entrant level of salary. This level is lower and hence, makes them more willing to sponsor you.  They will have to increase your pay at the extension stage but after that, you may become an indispensabl...

Last time we covered the levels of salaries that sponsors (employers) have to pay those migrants they are about to sponsor under Tier 2 sponsored visa to work for them in the UK. In fact, Tier 4 migrants, ie students, make very attractive candidates for the employers to sponsor. Why? Here are a few benefits of being a Tier 4 visa holder switching to Tier 2. Benefit #1 : employers don’t have to advertise the job to settled workers before hiring a Tier 4 migrant. They still have to have a genuine vacancy, which you are qualified for, but there is no need to try and find a local worker first for 28 days. Particularly useful for generic non-specialist vacancies.  https://www.gov.uk/uk-visa-sponsorship-employers/job-suitability Benefit #2 :  employers can offer you a New Entrant level of salary. This level is lower and hence, makes them more willing to sponsor you.  They will have to increase your pay at the extension stage but after that, you may become an indispensa...

This post covers most scenarios, whether you are a Tier 4 student trying to switch, switching a sponsor, applying for permanent residency etc. A Tier 2 sponsored work visa is a popular way for students to remain in the UK at the end of their course, we are providing this much needed (we feel) clarification: how much is the minimum salary in this category? If you found a sponsor (employer), how much should they offer you? Your starting point should always be the Code of Practice , which is here: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work Each occupation code says how much you should be offered. Beware of the catch – those salaries are based on the certain number of working hours. If your hours differ, your salary may need to be amended accordingly (but usually still subject to some minimum). You will see New Entrant level and Experienced level. The Code of Practice explains when to use them. For example, Tier 4 mi...

“I have used 1st 4Immigration and its sister firm MultiTravelVisas on multiple occasions over the last 8 years for visa requirements for me and my family. Professional service, comprehensive advice, courteous team and competitive fees. I will continue to use them for future requirements.” Manish, Indian national  In this interesting case the client was switching from Tier 1 General to Tier 2 General. Why? Why would one be switching from a visa that allows to work for anyone in the UK (including for yourself) to a visa that ties him to the employer (Tier 2 sponsor)? The answer is the client couldn't qualify for ILR in Tier 1 General route before April 2018 because he spent too much time outside the UK, so had to find another category to allow him to reach ILR. He could now combine time spent on Tier 1 General visas with time spent on Tier 2 General and apply for ILR in due course in the future. For an individual advice or to make your application as successful please cont...

The above heading was meant to re-phrase the famous catchphrase by The Two Ronnies “It’s “Goodnight” from me. And it’s “Goodnight” from him”, one of the most iconic TV shows / TV personalities in the British history. So, it is a wish of a Happy New Year for 2017 from us at 1 st 4Immigration. And it is a summary of the 2016 visa rules changes from “them” at the UK Government (brought to you by us).   For all: there is no more grace period for “legally” overstaying in the UK for 28 days. Only a 14-day period is accepted and only if there were compassionate circumstances, such as a serious illness, Royal Mail delay etc. This is the most important change, in our view, which can potentially affect many more migrants than any other change.     Spouses, fiancées and partners of British citizens will need to achieve A2 level of English language when applying for a visa extension from May 2017. This was announced during the autumn 2016.   Sponsored worker...

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 sk...

We previously posted some useful information for spouses and partners of UK citizens about English language tests. This post is for everyone who needs to meet the English language requirement when applying for a UK visa (including Points-Based System migrants). As you may know, besides taking an approved English language test, you can also use a degree which was taught in English. For example, a Bachelor degree from a UK university – nice and easy. You can use it when applying for a UK Spouse visa, UK Tier 1 (Entrepreneur) visa, Tier 2 visa and so on. In other words, having a UK degree means there is no need to take a test. Now, what to do if you hold an overseas degree, ie a degree from a university outside the UK but it was taught in English? Until approx mid-March 2016 we could use a Points-Based System calculator on the UKVI website and we could use it for both Tier 1 / 2 visas and Spouse/Partner/Fiancé visas. A Bachelor degree from South Africa, India or Nigeria as well a...

Tier 2 sponsors would normally have to advertise a job if they wish to sponsor a migrant, a non-EEA citizen. This is known as Resident Labour Market Test (RLMT). However, there are a few exemptions. Examples when employers don’t need to advertise the job: -           the migrant is extending a Tier 2 General visa to work in the same occupation code for the same employer (but not changing an employer); -           the job offered is on a Shortage occupation List; -           the migrant is switching from a Tier 4 Student visa and has completed a degree in the UK; -           the migrant is offered a salary of £155,300; -           the migrant is being sponsored under the Intra-Company Transfer (ICT) sub-category. For an individual advice or t...

Previously, we wrote ( http://1st4immigration-visas.blogspot.co.uk/2016/03/whats-new-from-april-2016.html ) that from April 2016 Tier 2 sponsors would have to advertise a job if they wish to sponsor a Tier 4 student visa holder to remain in the UK to work for them. This is known as Resident Labour Market Test (RLMT). Today the Home Office confirmed the changes which would be implemented during 2016-2017 in the Tier 2 category. Those changes will be implemented beginning from autumn 2016.   This was in their response to two reviews of Tier 2 policy by the independent Migration Advisory Committee (MAC). Here we quote from the Home Office communication document: “ We will not implement the MAC’s recommendations that students switching from Tier 4 to Tier 2 should be included in the annual limit and be subject to the Resident Labour Market Test. We recognise the importance of maintaining our excellent offer for international students looking to undertake skilled work in t...

The new tax year starts on 6 April 2016 in the UK and of course it means more changes to the Immigration Rules. We have all come to expect it, haven't we? Some of these were expected for years now, such as a Tier 2 salary £35,000 for ILR. Others are new and most of the changes are under the Points-Based System, which the government truly “cannot leave alone”.   Here is a short summary, for an individual advice please contact us for an advice session.   Tier 2 migrants applying for Indefinite Leave to Remain (permanent residency) need to have a salary of at least £35,000. Important to remember that this is the minimum, so if your occupation code requires a higher salary then your employer needs to pay you that. For example, if your code requires a salary of £40,000, you have to be paid £40,000 and not £35,000.   In general, this applies to those who entered the Tier 2 route from 6 April 2011 and there are also further exceptions.   Immigration Health...

If your visa application is refused, you may be given a right to submit an administrative review. This is not an appeal and it is not an alternative to an appeal. The difference between an appeal and administrative review . An appeal is considered by the court, by an independent judge, ie independent from the Home Office who made a decision to refused your application. An administrative review is considered by the Home Office, i.e. by the same organisation who refused your application, but by a different caseworker. A review is effectively re-consideration, written as a procedure in the Rules, designed to judge whether the original decision was wrong, such as if a visa officer did not follow the Rules correctly. For example, we had a case of a spouse of a UK citizen where Financial Requirement under Category B was not calculated according to the Appendices FM ad FM-SE, it was clearly (to us) a calculation error, resulting from the visa officer applying the method of calcula...