UK Visas and British Citizenship

It is a common situation when the main applicant is about t qualify for an ILR on the basis of 5 years on Tier 1 General and/or Tier 2 visas, however, the spouse/partner has not spent enough time in the UK by then. Or has spent enough time but not enough on Dependant visas. Before 9 July 2012 we, advisers, had to advise the clients the following: if the main applicant chooses to get an ILR on hi/ her own, while spouse/partner has not spent the required 2 years in the UK (and on dependent visas), then the spouse/partner had to switch to a Spouse visa, FLR M application. Then, when the spouse/partner has achieved 2 years of residency (on dependent visas), he/she could apply for an ILR, making a SET M application. In the above cases the 2 years could be combined of PBS Dependant visas and a Spouse visa. All changed on 9 July 2012! Now it is possible to switch from a Tier 1 or 2 Dependant to an ILR without having to apply for a Spouse visa first. It would be a SET O application

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

      By  Natalia Andrews ,  OISC-accredited Immigration Adviser since 2008. We are often asked about when to apply for settlement, ie Indefinite Leave to Remain (ILR). Can Student visas be combined with a work visa ? Or with a Parter visa? Can a work visa be combined with a Dependant visa?  Can a Partner visa in 10-year route be combined with a visa in 5-year route, and so on. The answer is always in the Rules. It’s not a matter of trying and hoping. The Rules for each category say what can be added. If a category has no “Settlement” section then it doesn’t lead to ILR at all. Examples : Student , Graduate, Youth Mobility. A Spouse/Partner visa, based on relationship with a British citizen , cannot be combined with anything else (not even with a Fiancée visa). It has to be 5 years in the 5-year route. Or 10 years in the 10-year route. But not a combination! Although you can switch from the latter to the former but start “your” 5 years again. A Skilled  Worker visa can be combined with

Here is a detailed agenda of our 2-day weekend OISC Level 1 course. For dates and to book visit our website: www.mtv-training.co.uk , the nearest is on Saturday-Sunday 28 February - 1 March 2015 at our office in the City.   PART 1: CRUCIAL TO GET THE BASICS! 2 systems of immigration law: UK law and European law | Types of visas under the UK law | Entry Clearance | Visitor visa | Leave to Remain (also called Residence Permit or Limited Leave to Remain) | Indefinite Leave to Remain (ILR) | It is possible to lose an ILR, however Indefinite it is | Indefinite Leave to Enter | There is also a Leave to Enter   ’Settlement’ and 2 confusing meanings of this word | Common question:  Passport has expired, do I have to transfer my visa to a new passport | What is Switching? | Common examples when switching is not allowed even though the migrants are desperate to do so | What is the Date of Application and why it is so important? | When is the Date of Application? | In-time and Out-