UK Visas and British Citizenship

This post is for those who have a Tier 2 (General) visa and is wondering when is the best time to extend it. On one hand, you shouldn’t apply too early because you may be ‘short of visa’ when calculating your qualifying period for Indefinite Leave (permanent residency). On the other hand, you may wish to apply as soon as you can to secure your visa and put your mind at rest (and as often happens, go on a well-deserved holiday). There is a popular belief that you should apply within 28 days before your current visa expires but that rule is for ILR applications, not extensions. In fact, you can extend your Tier 2 visa within 3 months before it expires. On your Certificate of Sponsorship (COS) your employer has to put some dates for ‘Work start date’ and ‘End date’. These dates relate to your future visa, rather than the job, because you are already doing the job, not starting it. The ‘start date’ has to be within 3 months from the date of application for a visa (no later) and you

We were asked to summarise the changes to the Immigration Rules, which took place on 6 April 2015, so we re-posted a summary from 2 March and added some more, such as the new NHS surcharge. These are what we think are the most important changes: 1)              The NHS surcharge (immigration health surcharge). Applies to all visa applicants who are applying for a visa from 6 April 2015 either for an entry visa to the UK (Tiers, Spouse/Partner/Fiancée, ancestral etc) or for a leave to remain in the UK, including extending in the same visa category or switching to a new one. It doesn’t apply to those applying for a visitor visa, ILR or British Citizenship and won’t apply to Australian and New Zealand citizens. The charge is £200 per year (£150 for students) and is payable for the whole duration of the visa at the point of application (refundable if application is refused). 2)              Tier 2: new salary thresholds, the main Tier 2 (General) £20,500 threshold is up to

We have made a ‘big news story’ about the forthcoming changes in the Rules from 6 April 2015. Yet this change, already in force from 2 March 2015, is also very important, albeit affecting no as many migrants (the Rules apply to all while appeals only apply to those who were refused a visa).    For applications submitted from 2 March 2015 there will be no right of appeal at all under the Points-Based System (PBS) categories (except for appeals on the limited grounds such as discrimination based on race, which won’t apply to 99.9% of the migrants). The full appeal right of appeal was already removed earlier for applications outside the UK, instead there was an option of an Administrative Review. Then in October 2014 a right of appeal was removed altogether for in-country Tier 4 Student applicants. Now on 2 March 2015 it has been removed for all other in-country applications under the Points-Based System, including Tier 1 Entrepreneur category (which needed appeals more than any ot

Here is our summary of what is changing on 6 April 2015, we picked what we think are the most important changes: 1)      Tier 2: new salary thresholds, the main Tier 2 (General) £20,500 threshold is up to £20,800. 2)      Tier 1 (Entrepreneur): a business plan will be compulsory for initial applications , at the moment it is advisable but not compulsory. The Applicant will have to explain and evidence the source of funds (normally, £200,000) if the Applicant/Sponsor has not held the money for the full 90 days before the date of application. More on the Entrepreneur changes can be found in the forthcoming separate post later. 3)      Tier 1 (Investor): a new requirement to open a UK-regulated investment account before making an initial application. Also, there will be no requirement to top-up the invested funds if an investment is sold at a loss. 4)      English language requirement - all applicable categories: a new list of the approved English tests will be u

This may compliment our previous post on working after a refusal of a visa and during the appeal. However, many migrants may not, fortunately, have to deal with a refusal while knowing your rights while waiting for a visa affects almost everybody. The answer lies in the rule called Section 3C leave (of the Immigration Act 1971). If you have a visa which is about to expire, and submit a new application inside the UK before this visa expires, Section 3C “extends” your previous visa for as long as it takes to make a decision. It does not matter if your visa expires and you have not heard from the Home Office (UK Visas and Immigration) – because you applied on time. In this case your status remains the same as before, with the same conditions, including the rights to work.    Let’s consider a very common example, we also used it in the previous post to decide hat happens in case if your visa has been refused: you are on a Tier 4 Student visa   which expires on 1 February 2015. Yo

These are common questions and the answer lies in the rule called Section 3C and 3D leave (of the Immigration Act 1971). If you have a visa which is about to expire, and submit a new application inside the UK before this visa expires, Section 3C “extends” your previous visa for as long as it takes to make a decision. It does not matter if your visa expires and you have not heard from the Home Office (UK Visas and Immigration) – because you applied on time. In this case your status remains the same as before, with the same conditions, including the rights to work.    If your new application is refused, and there is a right of appeal, and you submit an appeal on time (within the deadline on your refusal letter), then your status again remains the same as on your old visa. The one which you had before your refusal and it will continue until you have heard a determination on your appeal. This will be under Section 3D.    Let’s consider a very common example: you are on a Tier 4

Tier 1, 2 and 5: Only spouse, civil partner, unmarried partner and children under 18 yo are considered to be dependants. Tier 4: Dependants are allowed, same as above, but only if the main Tier 4 applicant is studying for a degree at a Master’s level (level 7) or above and the course lasts for at least 12 months. A course has to be taught by a publicly-funded college/university, or in case of private colleges in receipt of funding from the government. Students in receipt of the official government sponsorship can sponsor dependants without most of the above restrictions. Those granted or applying for a Tier 4 visa on a Doctorate Extension Scheme can also sponsor dependants (spouse/partner and children under 18 yo). Before 1 October 2013: The first, ie initial, Dependant visa application had to be submitted from abroad. It was not possible to switch to this status inside the UK. From 1 October 2013: The Rules have been changed following a court case. It is now possi

While a business is holding a Tier 2, Tier 4 or a Tier 5 Sponsor Licence, there are many requirements for the Sponsors to comply with. The Home Office officials may conduct checks, including unannounced visits.   We offer compliance service to the Sponsors, where for an annual fee (which depends on the number of employees and a type of business), we can make sure the company continues to meet the regulations.   Examples include keeping the employees' records, having an appropriate HR system, on-time reporting to the Home Office about the changes to the business (such as change of address or a change of an Authorising Officer, Key Contact, Level 1 user), reporting an employee leaving, not turning up for work as well as changes in the salary.   For an individual advice, to make an application or to use the compliance services, please contact us: info@1st4immigration.com or visit www.1st4immigration.com         If you are an Immigration Adviser or a Solicitor please

I call it my “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 1: 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 6

This post would be of interest to the migrants but we also teach this skill (how to use the Rules) in our immigration training, which we provide for our fellow advisers, solicitors or those who’re preparing to become an adviser. Judging whether you have spent enough time in the UK to qualify for an Indefinite Leave to Remain (ILR from now on) is a matter of the Rules. The Rules ‘simply’ say it and if they don’t then you can’t combine. Here are the most common examples from our practice: EXAMPLE 1: can I combine Tier 2 and Spouse visas? Go to the Rules relevant to the last category, in our case Spouse visa, so we go to the Appendix FM: https://www.gov.uk/government/publications/immigration-rules-appendix-fm Under the Section R-ILRP , then in Eligibility: “E-ILRP.1.3. The applicant must have completed a continuous period of at least 60 months with limited leave as a partner...” So, we need 60 months (5 years) with a Spouse visa, nothing about Tier 2! In other words, a

Why would you do that? Because a Tier 2 General visa leads to permanent residency (Indefinite Leave) after 5 years in the UK while most ICT visas don’t lead to an ILR at all. The answer to our questions is Yes if you meet both requirements below: 1)      You had a Tier 2 ICT Established Staff visa under the Rules in place before 6 April 2011 and after that you extended it inside the UK. A word ‘extended’   is crucial here because those who had an Entry Clearance (outside the UK) at any time from 6 April 2011 can’t switch. 2)      You are applying to change a Sponsor. You can’t switch from ICT to General for the same Sponsor. What is you can’t switch? Options include: leaving the UK, waiting for 12 months and applying for a Tier 2 General visa, to work for any Sponsor, including the one who sponsored you for an ICT visa at first place. Or to consider switching to a category other than Tier 2, such as a tier 1 Entrepreneur or a Dependant visa if your partner has his/her own T

Sponsor Licence is the 1 st step in the process of employing the non-EU workers. Sponsor, such as an Employer, must have a Tier 2 or Tier 5 Sponsor Licence from the UK Home Office. If employer does not have such a Licence then the company can apply for it and our company can help with the application. Very often a company is happy to hire a worker who comes to us for an advice and are willing to apply for a Sponsor Licence and comply with the rest of the Sponsor’s duties, especially if the job is very skilled or on Shortage Occupation List. Once the company has a Sponsor licence, it will be placed on the Register of Sponsors (Employers) on the UKVI website and will have access to the Sponsor Management System, known as SMS. A licence can be just for one category, for example, Tier 2 General or can be for more than one type, such as Tier 2 General and Tier 2 Intra-Company Transfer. Sponsor Licence is issued for the company, it is not connected to a migrant (not connected to a

“I would like to say a big thank you to Ms Lucy for all your help and assistance with my Tier-2 visa application. You helped and guided me very well through the whole process and assured me even when there were delays. You were very prompt with your replies. Thank you once again for all your help and assistance. I will definitely recommend my friends and family who will be needing this kind of service to hire you.​”   This came from Jasmeet, an Indian national who completed a degree at a UK university and   secured a certificate of sponsorship from a company with a Tier 2 Sponsor licence. Jasmeet made her initial application earlier but it was refused because of the salary requirements. So when Jasmeet asked us to help with the subsequent application, we made sure the appropriate salary requirement was met. Namely, that a salary as on the chosen SOC code on Tier 2 Code of Practice was corresponding to the salary offered to the applicant (or pro-rated, as the case was and as the ca

We are asked this question a lot as requirements seem to be confusing. Firstly, there is currently a minimum salary of £20,500 from 6 April 2014. This is just a minimum, so all Tier 2 General applicants must be offered at least that but it does not end there! Secondly – and very importantly as it’s a common reason for refusals – at the same time the minimum salary must be as on the Tier 2 Code of Practice or on a Shortage Occupation List. For example, if your occupation requires a minimum salary of £19,000 then you must be still offered at least £20,500 to qualify, otherwise your application will be refused. However, if your occupation requires a minimum of, say, £25,000 then you must be offered minimum £25,000 (and not £20,500). If you are offered less than £25,000 in this example then your application will be refused because your salary is not as on the Code of Practice, even if it is £20,500. If your employer cannot afford to pay £25,000 (in this example) then they