Indefinite Leave to Remain (ILR) is the last step for any non-UK national/citizen to fulfil before becoming eligible to apply for a British Passport. When applying for Indefinite Leave to Remain on your current leave/visa, you may have the option of obtaining ILR status under a premium service. To check whether you’re eligible for the same day premium process and to find out the next available date, contact our immigration lawyers today on 020 3627 4777. Mandatory Requirements for ILR The main requirement under any category to apply for Indefinite Leave to Remain is to have spent either 5 years or 10 years lawfully in the UK (if applying for long residency). You can apply for ILR no earlier than 28 days before you reach 5 or 10 years’ continuous residence in the UK. Other mandatory requirements include the Life in the UK test and an English language proficiency requirement – either a Level B1 English test or a certificate for a degree taught in English. PLEASE CONSULT WITH OUR LEGAL ADVISERS TODAY ON 020 3627 4777 The applicant should not have spent more than 180 days out of the UK, and these days must have been spent outside the UK for the purpose of the applicant’s visa. The days outside the UK requirement has multiple different clauses so please check with our visa advisers even if you have been outside the UK for more than 180 days at any one time – we still may be able to help you! Different Categories for ILR: UK Indefinite Leave to Remain Visa The application for ILR Long Residency can be filed by candidates who have spent an extended period of time – either 10 years or 20 years in the UK. If an applicant has been living in the UK for 10 years lawfully (legally) or 20 years unlawfully (illegally), they become eligible for Indefinite Leave to Remain. The days outside the UK requirement in this category is 540 days; however if you have exceeded this limit then please contact us – we can still assist you. The previously mentioned mandatory requirements must also be fulfilled in order to apply for ILR under this route. Please contact one of our legal representatives today for a free assessment of your circumstances on 020 3627 4777. Indefinite Leave to Remain (Spouse/Marriage) The spouse or civil partner of a British citizen or permanent resident of the UK is able to apply for Indefinite Leave to Remain after living as a married couple for a period of 5 years (if you were given a spouse/fiancé visa after 9 July 2012). You will also need to provide proof of cohabitation and meet the financial requirement rules. Applicants also need to complete level a B1 English Test as well as pass the Life in the UK test. Domestic Violence ILR You may be able to apply for Indefinite Leave to Remain based on domestic violence and by providing the essential evidence. However, you will not be required to meet the Life in the UK test or English language requirement. You cannot apply on a same-day basis for this category. For further advice, you can contact our team of experts for a free consultation on 020 3627 4777. Same-Day Appointments Available Work Permit/Tier 2 ILR An applicant with a current Tier 2 (General) work visa must have a salary of £35,000.00 per annum to be eligible for Indefinite Leave to Remain. The other mandatory requirements stated above should also be met under this category. You can apply for this visa under same day service. Be advised that the salary requirements are due to increase for applications from 2018 onwards. Tier 1 Entrepreneur/Investor ILR To apply for ILR under this category there are different eligibility periods depending upon how much money you have available and has been invested into the UK economy. Please contact one of our immigration solicitors to see if you are eligible to apply under this category. The restriction of days outside the UK does not apply to this category in some of the cases, therefore we strongly recommend to check with a visa adviser before proceeding with this route for ILR. Discretionary ILR In order to apply under this category you should have been granted discretionary leave to remain in the UK and should have spent 6 years lawfully in the UK. The grounds under which discretion was exercised by the Home Office should still persist and you will need to provide proof for the same, as well as meeting the other mandatory requirements stated above. You cannot apply for Indefinite Leave to Remain in this category using the same-day service. HM Forces ILR If you have been discharged from the HM Forces and have served for at least 4 years, you will be eligible to apply for Indefinite Leave to Remain. You need not meet mandatory requirements for this category. If you have been medically discharged you may still be able to apply for ILR. If your medical reason of discharge was above a certain level, please contact our expert immigration team to see if you qualify to apply under this category. Family members of HM forces can apply for ILR after completing 5 years’ continuous residence in the UK. EEA Permanent Residence/ILR If you wish to apply for Permanent Residence under an EEA national or EEA Family member, please refer to the EEA Family Permit Tab on the left hand menu. Domestic Worker ILR You will need to meet the mandatory requirements as well as additional requirements for proving your employment as a domestic worker. Other Routes to Indefinite Leave to Remain Generally for all other categories in order to apply for ILR, the applicant needs to meet the respective extension requirements and pass the Life in the UK test – provided they have not absent from the UK for more than 180 days. Please contact one of our legal representative today for further queries. Life in the UK Test The Life in the UK test is a mandatory requirement of the vast majority of Indefinite Leave to Remain applications. It tests your knowledge of the UK and how well you have adapted to life in the UK. You’ll be asked a series of multiple choice questions ranging from British history to popular culture, UK geography and other general knowledge which you would have likely picked up during your residence in the UK. If you have concerns about this test and your success, please do not hesitate to contact our visa experts .
The Skilled Worker Visa has become one of the most common entry routes into Great Britain, for skilled workers currently a citizen of a country outside the European Economic Area, looking to live and work here. There are four different types of Skilled Worker Visas, of which two concern migrant workers; General and Intra Company Transfer. From April 2014 the Skilled Worker Visa can be granted directly for a period of 2 years Imperial Visas are able to assist with ALL Skilled Worker Visa matters and can ensure it is handled at a reasonable cost. The basic conditions of the scheme are as follows: All employers are required to become part of the sponsors register and must be permitted to employ non-EU nationals. All employers are required to issue a certificate of sponsorship (COS). All job roles must be advertised, subject to conditions. All companies are required to make the sponsorship licence application. The application will then be assessed by the Home Office, granting a visa should the application meet all requirements. Individuals employed by the company must work exclusively for the company in the UK. Skilled Worker Visas can be granted for any period of time from 6 months up to 3 years. Skilled Worker Visa Eligibility For a Skilled Worker Visa it is via a points based assessment. The applicant is required to score a minimum of 30 points in sponsorship section. In addition the applicant must satisfy the English language and maintenance requirements. Sponsorship : The points awarded for sponsorship are as follows: Attribute Points If Job on shortage occupation list 50 Points If Job has met labour market test 30 Points If Switching from PSW programme 30 Points Qualifications : The qualifications show whether you will be suitable for a particular role or not, however you can claim 10 points for english language if your qualification is accepted on Home Office point based system calculator. Prospective Earnings : The following points are awarded for the prospective salary: The salary requirement in this category is dependent on the shortage occupation codes published by the UK Visa and Immigration, however you will not be awarded any points if your salary is below £20500.00 English Language Requirement In addition to the above 30 points, you must also satisfy the English language requirement. To do this you must meet one of the below criteria: Be a national of a English-speaking country. (Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, UK and the USA) Have completed a degree qualification which is recognised by the UK NARIC Have completed an English language test. Maintenance All applicants are required to satisfy the maintenance requirement You have £900 in available funds, which have been in your bank account for last 90 days before the date of your application Your sponsor has confirmed your maintenance then you automatically score points for maintenance. The maintenance requirement is set to change from July 2014, please check with an adviser at Imperial Visas for further detail. CATEGORIES OF Skilled Worker Visa Skilled Worker Visa is divided into the following 4 categories: General – Those with a skilled job offer to occupy a position that cannot be filled from resident labour force. Intra-company transfer – Multi-national company employees who are transferred to UK based branch of their organization. The employees can either be transferred on a long term basis or be frequently sent on short visits. The Intra-Company Transfer is further sub categorised into to the following areas: Established Staff – Established employees of multi-national companies who are being transferred for a skilled job requirement that could not be occupied by a new employee from the resident labour workforce. Graduate Trainee – Recent graduates training at a multi-national company who are being transferred as part of a structured graduate training programme to the UK branch of the same organisation. This is to enable trainee progression towards a managerial or specialist position. Skills Transfer – New employees of multi-national companies who are being transferred to the UK branch of the same organisation to learn the skills and knowledge required for their role. Sportsperson – Elite sportspeople and coaches whose employment in UK will make a significant contribution to the sport’s development in the UK. Minister of Religion – Those coming to the UK to fill a vacancy as a Minister of Religion, missionary, or member of a religious order. Candidates who wish to apply to work as a sportsperson or minister of religion cannot apply under Skilled Worker Visa and Intra-Company Transfer categories. Skilled Worker Visa BENEFITS Potential route for settlement in the UK. According to current work permit system, Skilled Worker Visa applicants may apply for Indefinite Leave to Remain in the UK or for permanent residence after living in the UK for 5 years. Candidates may be able to naturalize as a UK citizen. Skilled Worker Visa REQUIREMENTS Applicants are required to have: A sponsor Valid sponsorship certificate Candidates are required to score minimum of 30 points in the following assessment areas: English Proficiency Expected future earnings Financial self sufficiency Qualifications Sponsorship
British citizenship structure is defined in the British Nationality Act 1981 that came into effect on 1st January 1983. The law outlines how UK citizenship can be obtained, under what circumstances an individual is classed as a British citizen and how they relinquish their citizenship. Based on current citizenship or nationality status, the candidate can apply for a visa in several ways. If the candidate was issued a British passport on or after 1st January 1983, they will be considered a British citizen British Citizenship Requirements Below are certain requirements that must be fulfilled to acquire British citizenship. If the applicant is married to a British citizen, they need to have: Lived in the UK for 3 years and be in possession of ILR for at least 11 months on the date of application Not been absent from the UK in excess of 270 days during the 3 year period Not been absent from the UK in excess of 90 days during the last 12 month period before application Be of good character Intension of settling in the UK permanently Good knowledge of English Passed the Life In The UK test Applicants who are not married to a British citizen should: Should have obtained ILR status and held it for at least 11 months. Not been absent from the UK for more than 450 days in that period. Not been absent from the UK for more than 90 days during the last 12 months before application. Be of good character. Have the intension of settling in the UK permanently Have good knowledge of English. Have passed the Life In The UK test. Children Applying for British Citizenship If the child in born in the UK to parents on ILR or British Citizen can apply for registration as a British Citizen. Children born in the UK and have lived in the UK for 10 years unlawfully or lawfully can also apply for registration as British Citizen. In some cases the period of child registartion as a british citizen can also be reduced to 7 years. Contact advisers Imperial Visas today in order to apply for British Citizenship on 0203 627 4777 Life in the UK Test You can book the life in the UK test by calling 0800 0150 4245
UK Marriage Visa (Spouse Visa) A marriage visa, also known as a spouse visa , allows the husband or wife of a British national or person settled in the UK on the basis of Indefinite Leave to Remain (ILR) to enter or remain in the UK. This same requirement also applied to couples who have registered a civil partnership . If you are not yet married but would like to enter or remain in the UK, you can apply for a fiance visa or an unmarried partner visa . Imperial Visas makes the process of applying for a UK marriage visa simple. Our experienced immigration caseworkers have been experts within this visa category for over 20 years. The service we provide is fast, efficient and affordable, which is why hundreds of married couples have contacted us when applying for their spouse/marriage visa. With Imperial Visas there’s no hassle or hidden costs – only peace of mind and a quality service to each and every client. If your partner has been refused before, we can help you to overturn the decision made by the Entry Clearance Officer or the Secretary of State. Here’s how it works at Imperial Visas: Complete the online assessment form below or call us – our expert immigration advisers will then assess your eligibility for the UK marriage visa. Pay a 50% deposit of your fixed fee once you choose us to help you apply for your spouse visa successfully Let our caseworkers take care of all the formalities immediately. Your dedicated immigration expert will then be doing all the hard work for you, dealing with all the necessary paperwork and documentation to strengthen your marriage visa application. Basic Requirements: The following requirements need to be satisfied before applying for a UK marriage visa: Both parties in the marriage have to be at least 18 years of age Parties must have met each other, be legally married to each other and plan to live together in the UK You must have suitable accommodation available for you in the UK You must be able to support yourself in the UK without access to public funds such as benefits since these are unavailable for spouse visa holders Meet the income threshold of £18,600 for sponsoring the settlement of a spouse/partner. Please note that there is a higher threshold to meet if any children are also sponsored: £22,400 for one child and an additional £2,400 for each further child. English Language requirement must be met with the Level A1 course Financial requirement for a marriage visa The sponsor may meet the level of the financial requirement applicable to their application through one or a combination of the following: employment, self-employment, cash savings, being the director of a company, rental income etc. Each category has a separate set of documents which must be submitted along with the marriage visa application depending on: the permitted sources of income/savings; the time periods and permitted combinations of sources applicable to each permitted source relied upon; and the evidence required for each permitted source relied upon. Exceptions to the Financial Requirement If your sponsor receives any of the following then you are not required to meet the financial requirement stated above: Carer’s Allowance Disability Living Allowance Severe Disablement Allowance Industrial Injuries Disablement Benefit Attendance Allowance Personal Independence Payment Duration of UK marriage visa A marriage visa is granted for an initial 27-month period after which time you or your partner will need to apply for another extension. After completing 5 years in the UK, you or your partner will be eligible to apply for Indefinite Leave to Remain in the UK (ILR) and British nationality. CASES WHERE THE PARTNER OR SPOUSE CANNOT MEET THE FINANCIAL REQUIREMENTS OF APPENDIX FM The position is different for people applying for entry clearance as a partner and those applying for leave to remain as a partner “in the UK”. “In-country” applicants may qualify for a grant of leave despite not being able to meet some of the requirements, under the “EX.1” (Exception) paragraph of Appendix FM under Immigration Rules. They have to show either that they are a partner of a British/settled person in the UK and that there are “insurmountable obstacles” i.e. “degree of difficulty” to continue their family life outside the UK, or they have to show they are in a parental relationship with a child (under 18) who is British/settled/ OR has lived in the UK 7 years before the date of the application and that it would not be reasonable to expect the child to leave the UK. Further considerations are also given to Section 55 taking the best interests of the child. Refusal of Marriage Visa: A marriage visa may be refused due to absence of documents or because the ECO or the immigration officer was not satisfied that you met the requirements of the Immigration Rules. However, after refusal you will be given 28 days to appeal from outside the UK or 10 working days from inside the UK. For advice and help on your refusal, contact our team of visa experts on 020 3627 4777. Indefinite Leave to Remain You can apply for ILR under this category based on the time when you were granted initial leave to remain or enter in the UK. Please refer to the “Settle in the UK” section of our website, or contact one of our advisers today.
The UK Fiancé/Fiancée Visa is also known as a prospective marriage visa. This visa allows an individual to bring their fiancé to the UK if they themselves have settled status in the UK i.e. they are lawfully living in the UK without any restrictions on their stay. If the applicant is considered eligible for the fiance visa, he or she is given permission to enter the UK in order to marry. Once the marriage has taken place, the foreign national spouse can immediately apply for a marriage visa and request further leave to remain in the UK. This grants the foreign national with conditional permanent residence and permission to live & work in the UK. After the completion of 5 years’ continuous stay in the UK they’ll will be deemed eligible to apply for Indefinite Leave to Remain . Eligibility requirements The requirements for a UK fiance visa are similar to those of the marriage visa. The applicants can choose whether they want to apply for the fiance visa or marry first in order to apply directly for the spouse visa. This will of course avoid the necessity of making two separate applications. The essential eligibility requirements are: Both partners must be at least 18 years of age. They must have met each other prior to application and have the intention of permanently living with one another after marriage in the UK. The couple must prove that any previous relationships have now ended. The couple must have appropriate accommodation not considered to be overcrowding under the UK Housing Act 2004. They must have sufficient funds to support themselves and any dependants without needing access to government funds. The fiance visa holder is not permitted to undertake any employment whilst on this visa, so the UK partner must be financially able to bear all expenses for their fiancé as well as any dependants. Meet the income threshold of £18,600 for sponsoring a non-EU National. Please note there is a higher threshold for any children also sponsored: £22,400 for one child and an additional £2,400 for each child thereafter. The couple must have suitable accommodation available to them. A UK fiance visa is valid for 6 months during which time the couple must marry in the UK. Otherwise, the foreign national will be required to leave the UK. Financial Requirement The sponsor may meet the level of the financial requirement applicable to their application through employment, self-employment, cash savings, being the director of a company, rental income, etc. All categories have a separate set of documents which need to be submitted with the application based on: (a) the permitted sources of income/savings; and (b) the time periods and permitted combinations of sources applicable to each permitted source relied upon; and (c) the evidence required for each permitted source relied upon. Exceptions to Financial Requirement If your sponsor is in receipt of any of the below then you are not required to meet the financial requirement: Carer’s Allowance. Disability Living Allowance. Severe Disablement Allowance. Industrial Injuries Disablement Benefit. Attendance Allowance. Personal Independence Payment. Children of fiance visa holders who are under 18 years of age are permitted to accompany their parent to the UK. Fiance visa holders should apply for the marriage visa immediately after they marry as they will now be eligible to work in the UK (under fiance visa status this is not possible). The English Language requirement must also be satisfied with a Level A1 course pass. Benefits of a UK fiance visa The applicant is able to marry the UK citizen and settle permanently here in the UK Whilst initially unable to work, after marriage the applicant is free to undertake any type of employment without restrictions Foreign national fiancés are permitted to bring their children under the age of 18 years with them to the UK. After the marriage ceremony, the applicant is entitled to the same benefits as UK citizens. This visa can be a route to permanently settle in the UK and to obtain British nationality.
The partner visa, otherwise known as the de facto visa , allows the de facto (unmarried) partner of a UK-based citizen to enter and remain in the UK. The only condition that must be fulfilled is that the couple must have been in a committed, continuous relationship for a minimum of two years. The de facto visa gives couples (both heterosexual and same-sex couples) the same rights and benefits as those who are married or living in a civil partnership. If you are engaged to be married, you are likely to be eligible for a UK fiance visa instead. A partner visa permits a two-year probationary period in the UK with the option of applying for Indefinite Leave to Remain or, subsequently, UK nationality after two years. However, the couple must have been cohabiting (living together) for a minimum of two years before the de facto partner can apply for a UK partner visa. Under immigration law applicants are treated equally regardless of the gender of their partner if they hold a de facto visa, with no restriction to work in the UK. All applicants must obtain clearance before entering the UK otherwise applications will be refused. Partner visa requirements: To qualify for the unmarried partner visa, it is mandatory that applicants meet the following requirements: Both partners must be at least 18 years of age The couple must provide sufficient evidence that they have been cohabiting for at least two years The couple must intend to stay together (including living together) on a permanent basis If either of the partners was involved in any previous relationship, they must provide evidence that the relationship has ended The couple should be able to financially support themselves and any dependants without access to public funds such as state benefits Meet the income threshold of £18,600 for sponsoring a non-EU national. A higher threshold applies should the de facto couple also be sponsoring any children: £22,400 for one child plus £2,400 for each additional child The couple must have suitable accommodation for themselves and any dependants. De facto visa financial requirement The sponsors may meet the level of the financial requirement applicable through employment, self-employment, cash savings, being the director of a company, rental income etc. Each financial category has a separate set of documents which are required to be submitted with your partner visa application: (a) the permitted sources of income/savings; (b) the time periods and permitted combinations of sources applicable to each source relied upon; and (c) the evidence required for each permitted source. Exceptions to the financial requirement If your sponsor is in receipt of any of the below then you are not required to meet the financial requirement to apply for a partner visa: Carer’s Allowance. Disability Living Allowance. Severe Disablement Allowance. Industrial Injuries Disablement Benefit. Attendance Allowance. Personal Independence Payment. Do you meet all the criteria set out above? Then contact Imperial Visas by submitting a free assessment form below. Our team of family visa experts will guide you through the UK partner visa process and ensure that all the evidence you submit presents the strongest case possible to the Home Office.
A UK civil partnership visa allows a same-sex partner in a civil partnership who is not an EEA national to settle in the UK with their UK or EEA national partner. To qualify for entry to the UK you will need to be granted clearance prior to your arrival. A civil partnership is a legal relationship registered between two people of the same sex. In the UK, same-sex couples who register a civil partnership will receive the same treatment in a range of legal matters as heterosexual couples who enter into a marriage. Eligibility Criteria The eligibility criteria of a civil partnership visa is essentially the same as the criteria for a UK marriage visa . To qualify for entry to the UK as a civil partner, you must show that: you and your civil partner are both at least 18 years old; you and your civil partner have both met and are committed to the relationship the relationship is monogamous (meaning that you each only have one partner) you both intend to live together and establish a permanent home together in the UK you must have already registered your civil partnership (otherwise you may be eligible for a partner visa instead) the UK/EEA national partner meets the income threshold of £18,600 for sponsoring the settlement of their civil partner. Should you have any children or dependants, note that this threshold is higher: £22,400 for having one child and an additional £2,400 for each further child or dependant. you can pass the English Language requirement with a Level A1 CEFR As a civil partnership visa applicant, you will need to show that you are a civil partner of: a person who is already present and settled in the United Kingdom, or a person who will arrive with you to be admitted for settlement in the UK In addition, it is important that you are able to demonstrate that there will be adequate accommodation for you and any dependants to occupy exclusively. You must also show that you will be able to maintain yourselves and any dependants without access to public funds. Exceptions to Financial Requirement If your civil partner is in receipt of any of the below then you are not required to meet the financial requirement for the civil partnership visa: Carer’s Allowance. Disability Living Allowance. Severe Disablement Allowance. Industrial Injuries Disablement Benefit. Attendance Allowance. Personal Independence Payment. Duration of Stay A civil partnership visa is initially issued for a period of 33 months (if applying from overseas) or 30 months if applying from within the UK. A further extension must be sought for an additional 30 months, which will take you to 5 years spent in the UK. Once you have spent a period of 5 years in the UK on a civil partnership visa, you will be eligible to apply for Indefinite Leave to Remain in the UK provided that you are still in a civil partnership in the UK and can continue to meet the maintenance requirement mentioned above. Indefinite Leave to Remain You can apply for ILR under this category based on the time from when you were granted initial leave to remain or enter the UK. Contact one of our immigration advisers on 020 3627 4777 to discuss your case further, or request a free visa assessment by submitting the below form:
Applicants who wish to migrate to the UK often have to arrange a child dependant visa application in order for their dependant children to accompany or join them. Broadly speaking, a dependant in the UK is any of the following: Child under 18 years of age Husband/wife/civil partner Unmarried/same-sex partner Migrants often mistakenly overlook many important factors when preparing and submitting entry applications for their children and are often disappointed when applications are refused. Furthermore, applicants with children over the age of 18 that are dependent on the applicant face tough decisions under the UK immigration rules. The applicant will in most cases need to arrange for their ‘adult’ child to enter the UK under an alternative immigration route. In contrast, the EEA Regulations are more lenient with respect to the age at which children are considered “a dependant”. European law permits children up to the age of 21 to accompany or join family members in the UK. However, in both cases (i.e. under both UK and European law) children who are not financially dependent on their parents and are leading independent lives, are married or have formed an independent family unit will not be considered a ‘dependant child’. There are also further issues which need to be addressed in situations where children have parents who are separated, divorced and/or share custody of the children. In such situations the migrant coming to the UK must show they have had ‘sole responsibility’ for the child’s upbringing and such applications often fail owing to sole responsibility not being shown to the Entry Clearance Officer’s satisfaction. It is therefore recommended that applicants seek immigration advice to ensure the application is properly presented. We at Imperial Visas have extensive experience in handling applications for clearance on a UK child dependant visa. The requirements for entry clearance with a child dependant visa under the UK Immigration rules will now be explained in turn. We have identified the following categories of application: A. Dependant children of a person present and settled in the UK B . Dependant children of a person who has limited leave to remain in the UK C . Dependant children of an EEA national exercising EC Treaty Rights in the UK A. Dependant children of a person present and settled in the UK Children who have a parent or parents who are settled in the UK can join them on a child dependant visa and be granted Indefinite Leave to Enter/Remain directly. There are, however, several conditions that need to be satisfied before the child can qualify. These are as follows: (i) The sponsoring parent or relative must be present and settled in the UK; or both parents should be applying to be admitted on the same occasion for settlement; or One parent must be present and settled in the UK and the other should be applying to be admitted on the same occasion for settlement; or One parent must be present and settled in the UK or should be applying to be admitted on the same occasion for settlement and the other parent is deceased; or One parent must be present and settled in the UK or applying to be admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or One parent or the relevant relative must be present and settled in the UK or applying to be admitted on the same occasion for settlement, and there are serious and compelling family or other considerations which make exclusion of the child undesirable, and suitable arrangements have been made for the child’s care. (ii) The child should be under 18 years of age and not leading an independent life, nor be married and have formed an independent family unit. (iii) There must be sufficient funds for adequately maintaining and accommodating the child without recourse to UK public funds If any of the relevant requirements are not shown to be met the child dependant visa application for Indefinite Leave to Enter will be refused. The rule of sole responsibility is observed strictly and any involvement of the other parent in the upbringing of the child may lead to the conclusion that the sponsoring parent does not have sole responsibility for the child, or have responsibility for the major decisions in the child’s life. It is possible that even having regular contact with the other parent can serve as an indication that the sponsoring parent does not have sole responsibility and this may lead to an adverse decision on child dependant visa application. Entry Clearance Officers often seem to wrongly employ an ‘all-or-nothing’ approach to the issue of sole responsibility and we strongly recommend that you approach accredited immigration advisers such as Imperial Visas in relation to problematic applications. B. Dependant children of a person who has limited leave to remain in the UK Most long-term category visas under the UK Immigration Rules permit individuals to apply to bring their dependants with them (or to join them) in the UK, which would include children under the age of 18 years. The children are normally given the same period of limited leave to remain as their parents have and will be expected to apply for an extension in line with any extension application the parent makes. There are some cases when children under the age of 18 who have entered the UK as dependants of their parents eventually do become 18. These children, whilst still holding valid limited leave to remain as a dependant are still considered to be dependent and can apply for an extension/indefinite leave to remain in line with their parents, even after the age of 18, provided they still form part of the parent(s)’ household. Children who hold a UK child dependant visa are given full right of access to state schooling and access to the NHS. However they are unable to seek assistance from UK public funds. The same rules concerning sole responsibility apply to the applications of dependant children of individuals with limited leave to remain. Please note there are specified maintenance requirements for the dependant children of Points-Based System migrants. C. Dependant children of an EEA national exercising EC Treaty Rights in the UK The children of EEA nationals exercising Treaty Rights in the UK are permitted to join their parents in the UK up until the age of 21. To successfully gain a UK child dependant visa, they are required to comply with the same requirements with regards to not being married or having formed an independent family unit and being financially dependent. In addition, a child dependant visa application for entry clearance to the UK will also mean that the applicants will be required to meet the requirements similar to those under the UK Immigration Rules as the child of a person present and settled in the UK. The child applying to join their parent(s) (if not an EEA national themselves), can apply to enter the UK on a Family Permit which is valid for six months. Once in the UK the child will need to apply to gain their continued right of residence in the UK by submitting an application for a residence card. Once the child has been residing in the UK together with the sponsoring parent(s) for five years, the child is eligible for permanent residence in the UK. The main differences between the UK Immigration Rules and the EEA regulations are the age requirement for ‘dependant’ children and the type of ‘visa’ document they are issued. Imperial Visas’ Child Dependant Visa Services We can advise on the procedure involved in a child dependant visa application and the required supporting documents. We can assess the merits of any child dependant visa application. We can advise on the procedure involved for applications where children have two parents in two different locations. We can advise on the evidence required for an entry clearance application. We can advise on the merits of an appeal – should the application be refused and attract a right of appeal.
A parent whose child resides in the UK can apply for an Access to Child visa which gives permission to enter or remain in the UK in order for them to have contact with their child. The following requirements must be met: The applicant must be the parent of a child who is resident here; The parent or carer with whom the child resides must be permanently resident in the UK; The applicant must have evidence that they have access rights to the child. For the purposes of an access to child visa, this can either be in the form of a residence or contact order granted by a UK court, or a certificate issued by a district judge confirming that the parent intends to maintain contact with the child. Other requirements include: The applicant must show that they intend to take an active role in the child’s upbringing; The child must be under the age of 18; There must be adequate accommodation for the applicant and any dependants in the UK without recourse to public funds in accommodation which you own or occupy exclusively; and The applicant must show that they can also maintain themselves and any dependants without recourse to public funds. To get an access to child visa, the applicant will need to apply for entry clearance from a British Embassy or High Commission abroad unless they were previously granted and still have limited permission to remain here as the spouse or an unmarried partner of a person present and settled in the UK. This person must be the child’s other parent. The applicant must show that they have not remained here in breach of the Immigration Rules and that they meet all of the other requirements listed above. If the applicant falls within this category the Home Office will accept a letter from the child’s other parent that the applicant is maintaining contact with the child as evidence that you have rights of access to your child in place of a court order. If your access to child visa application is successful, permission to enter or remain in the UK will be granted for 12 months initially. At the end of this period before their leave expires, the applicant will be able to apply for Indefinite Leave to Remain in the UK. In order to qualify for ILR, the applicant will need to show that they have been, and still intend to, take an active role in the child’s upbringing, show that the child visits or stays with them on a frequent and regular basis and that this will continue. The applicant also needs to show that they continue to have adequate accommodation and are able to maintain themselves and any dependants without recourse to public funds. The child must also still be under 18. Have a complex Access Rights to Child visa case? Get your free visa assessment by submitting the below form:
If an elderly dependant visa applicant is a parent, grandparent or a dependant of a relative settled in the UK, they will be permitted to apply for Indefinite Leave to Enter or Remain in the UK. The applicant applying under this category needs to provide evidence of their relationship with the UK resident they wish to stay with, along with evidence that the sponsor can support them financially without recourse to any public funds. Substantial confirmation that the applicant has the consent from their sponsor to stay with them in the UK is also required. Applicants of an elderly dependant visa can also make an application for settlement in the UK if their sponsor is present and settled in the UK, and there are most exceptional compassionate circumstances existing (evidence for which will need to be provided by the applicant.) Elderly Parents and Grandparents Unless your sponsor is present and settled in the UK, you will not be able to apply under this category. An applicant must also be aged 65 or over. However in certain exceptional or compassionate circumstances, the age may be reduced to be lower than 65 years at the discretion of the Home Office. If you require clarification of what these circumstances may include, contact our immigration experts who are experienced with UK elderly dependant visa applications. Elderly Dependant Visa Requirements The following requirements must be met for this category of dependant visa: The applicant is a widowed mother or father aged 65 years. The applicant is a parent or grandparent aged 65 years and above, who has been remarried and cannot rely on children from the second marriage, if any, for financial support. Any parent or grandparent who is under 65 years of age and is dependent financially and emotionally on the permanent UK resident There is constant contact with the parent and grandparent The applicant has no close relatives in their home country that can be relied upon for support The UK relative has appropriate accommodation for the applicant as well as any dependants the applicant may bring to the UK Evidence under this category needs to be provided by the applicant to prove that their circumstances are true and, most importantly, there is either financial dependency on the sponsor or most exceptional circumstances exist.
Citizens of EEA countries have the right to live and work in the UK under European law. Any family members or the spouse of an EEA National can also enjoy the right to live and work in the UK alongside the EEA national – even if they do not belong to an EEA nation themselves. Any citizen of an EEA country wishing to take up residency in the UK is also permitted to bring their dependant family. If the candidate is the national of an old EEA country then they can enter the UK with minimum documentation. The candidate is not required to apply for entry clearance but may be asked to provide some evidence such as their passport or national identity card for verification. Conditions of EEA Family Permit (for non-EU citizens in the UK) An EEA family permit entitles EEA nationals and their dependants the right of residence and employment in the UK. The permit enables holders the following: Take up employment Accept any job offers Start a business Manage a UK company Set up a local branch of a company EEA nationals do not require a UK work permit for any of these employment opportunities. No employment offer is required for an EEA family permit application. If the applicant can support themselves and any dependant while staying in the UK, this is a fairly straightforward route for living and working in the UK. For more information about the EEA family permit, contact our team of experts on +44 (0)20 3627 4777. Conditions of the EEA Family Permit The EEA Family Permit is granted for a period of 5 years where the holder is entitled to unrestricted employment opportunities. The EEA national will need to spend 4 years and 11 months in the UK on this permit. After 5 years continuous stay in the UK, permit holders are eligible to apply for Indefinite Leave to Remain . If the EEA citizen does not have a residence permit and is coming from outside the UK, they are issued with a 6-month EEA family permit in which they are permitted unrestricted employment in the UK for this duration. The EEA citizen is expected to apply for a residence permit within these 6 months and their dependants should at the same time apply for the EEA Family Permit. EEA Residence Permit Eligibility An EEA family permit is offered only to nationals who are able to fulfil the following eligibility criteria: A national of one of the EEA member countries EEA nationals must have sufficient funds to support themselves and any dependants in the UK without recourse to public funds. Nationals who are retired or students can also obtain this permit provided they fulfil this criterion EEA nationals wishing to set up a business in the UK must submit a detailed business plan. This permit is usually granted to those who wish to come to the UK for an extended period of time. Applications are likely to be unsuccessful if they are for stays of less than three months. This immigration route is not intended for work. Applications are declined if the reason for entering the UK is for employment purposes. EEA Family Members & Dependants EEA dependants are classified as follows: The spouse or civil partner of the candidate Durable partners (i.e. if you have lived with your partner and are able to prove that your relationship is genuine) Children or grandchildren of the candidate, or their spouse or civil partner, under the age of 21 Parents or grandparents of the candidate or their spouse or civil partner Distant relatives of an EEA national may also come under the definition of a family member if they can prove that they are financially dependent on the candidate. In case the candidate is a student, only his or her spouse or civil partner or any dependant children will be entitled to a right of residence. If you are in the UK Illegally or have overstayed your visa, you will still be able to apply under this category being a spouse or child of an EEA National. Duration of the EEA family permit Whilst the permit is for 5 years, EEA nationals are able to apply to stay in the UK indefinitely. After successfully completing a period of 5 years in the UK, EEA nationals become eligible to apply for Indefinite Leave to Remain, also known as permanent residence. Those EEA nationals who have successfully obtained Indefinite Leave to Remain (ILR) are then eligible to apply for British naturalisation. Eligibility Criteria for Indefinite Leave to Remain Permanent Residence in the UK is granted only to those individuals who have lived in the UK for 5 years and have excercised their treaty rights in the UK, with proof of a continuous 5-year period for the respective categories under the EEA regulation of 2006. There are a few conditions which an applicant has to follow: Not remained outside the UK for more than 2 years whilst on their visa (this does not apply to British Overseas Citizens and British Protected Persons). Not undertaken any activities that would be regarded as a criminal offence. Occurrence of any of the above conditions can lead to loss of Indefinite Leave to Remain status, so it is crucial that all conditions are adhered to by the applicant. ‘Surinder Singh Route’ The ‘Surinder Singh’ route is a route for British citizens to bring their non-EEA dependant family members to the UK using the EEA Regulations as opposed to the strict UK Immigration Rules. The British citizen needs to exercise their treaty right as either a worker or a self-employed person in another EEA member state for a period of time, they can then bring their non-EEA dependant relative to the UK under the EEA Regulations as they have exercised their right to free movement in other EEA member state. Benefits to this route include not having to meet the very strict financial requirements under Appendix FM of the Immigration Rules that affect many applicants and their families. Requirement in the amended Immigration (European Economic Area) Regulations 2006 The requirement under Regulation 9 is that the centre of the British citizen’s life has transferred to the EEA member state where s/he resided as a worker or self-employed individual. Relevant factors as to whether the centre of the British citizen’s life has transferred to another EEA member state include: the period of residence in the EEA State as a worker or self-employed person; the location of the British citizen’s principal residence; the degree of integration of the British citizen into the EEA State. O v The Netherlands (Case C-456/12) – new case which sets new guidance This case sets new guidance for the ‘Surinder Singh’ route and is the applicable law for all future cases under the route. The case states the following: At least three months the period of residence in the EEA State is; any citizen of the Union can potentially benefit, not just workers and self-employed as previously; during the period of residence family life must have been ‘created or strengthened’; abuse of the rule is not permitted. This case gives the requirements for ‘Surinder Singh’ to be engaged, that the period of residence in an EEA State should be at least three months, and that during the period of residence family life must have been strengthened or created. Contact our team of visa experts on 0203 627 4777 Types of derivative rights of residence You may qualify for a derivative right of residence in one of the following categories: The primary carer of a British citizen child or dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the EEA (‘Zambrano’ cases); The primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person (having comprehensive medical cover), where requiring the primary carer to leave the UK would prevent the EEA national child exercising those free movement rights (‘Chen’ cases); The child of an EEA national worker/former worker where that child is in education in the UK (‘Ibrahim and Teixeira’ cases); The primary carer of a child of an EEA national worker/former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK (‘Ibrahim and Teixeira’ cases); or The dependent child aged under 18 of a primary carer in one of the categories set out above, where requiring that dependent child to leave the UK would force the primary carer to leave the UK with them. Want to apply for an EEA family permit but have a complex case? Complete the below free assessment form to get started.
The UK points based dependant visa has been drafted under the Immigration Rules part 8. The following are considered dependants under a points-based visa category: Tier 1 (General, Entrepreneur and Investor ) Dependants Tier 2 General and ICT Dependants Tier 4 Dependants Tier 5 Dependants Anyone present in the UK in any points-based system category can make an application for their dependants (i.e. spouse, children under 18 years of age) to come to the United Kingdom or remain with them in the UK. The applicant will need to show that the relationship is genuine and subsisting, for which evidence must be provided by the applicant and the sponsor in the UK according to the parties’ circumstances. The applicant also needs to fulfil the maintenance requirement amount which depends upon the category under which the main applicant/sponsor is present in the UK. Each category has different maintenance requirements, therefore it is advised that you contact Imperial Visas to find out what is the required amount that you must maintain in your bank account. Further evidence needs to be provided by the applicant and sponsor to prove that they will be able to accommodate each other without recourse to public funds. Dependant Children: Children under 18 need to prove the relationship to the main applicant and also that they are not leading an independent life without dependency on the sponsor. Further maintenance and accommodation, evidence needs to be provided by the applicant. If the evidence is not provided in the acceptable standard and format to the UKVI your points based visa application will automatically fall for refusal. The applicant will need to show that the sole custody of the child is with the parent who is British Citizen or Settled in the UK on ILR. Applying from Inside UK The Home Office has changed the Immigration Rules which would allow an applicant to switch to a points based dependant visa from inside the UK without the need to travel to their home country. However, after becoming a dependant no further in-country application is allowed to switch to the main applicant so that your partner/spouse can become a dependant on you (switching places). For this, an entry clearance application is required from your home country. Applying from outside the UK A points based dependant visa application to join your spouse/partner or parents in the UK (children under 18 only) can be made at a British Embassy or British High Commission at your home country at any time subject to meeting the criteria above. Overseas applications are usually controlled by VFS and Teleperformance which are two private agencies contracted by the UK Home Office to collect applications on their behalf. The documentation is then passed to the regional visa issuing offices which are part of the UK Home Office.
The Tier 1 (exceptional talent) visa route covers applicants working in the fields of science, engineering, humanities and the arts. To be eligible for this visa, an applicant must provide specific documents, including a endorsement by either: a recognised leader (exceptional talent) an emerging leader (exceptional promise) Applicants must be outside the European Economic Area to apply under this visa category. There are two stages to this application type, for which: You must apply for an endorsement – within the current provisions; and Once you have been endorsed, you can apply for the visa. You may also be able to apply to bring your dependants to the UK, either at the same time as your application, or at a later date. For more information, please contact our Immigration team, who will be happy to assist with all enquiries.
Those wishing to apply for an intra-company transfer must be possess a skill level which is at par with the post they have applied for as intra-company transfers can play a vital role in the economy of the UK. Employees coming to the UK via this route will need to display the appropriate level of earnings and qualifications. Prerequisites for an intra-company applicant To apply for an intra-company transfer, candidates must have: A sponsor An valid certificate of sponsorship On application, the candidate will be awarded points based on: Available maintenance i.e. their existing funds Future expected earnings English language proficiency Qualifications Sponsorship Ways to apply for an intra-company transfer visa Applying for entry through any prevailing sub category of the Tier 2 Intra-company transfer visa. Whilst on a work permit or intra-company transfer visa for the same employer, the candidate has the option of applying to switch over or remain in the UK under the Established Staff sub-category. Employees already in the UK under the Established Staff sub-category can request permission to stay in the UK. Time and duration of stay in the country An Intra Company Transfer visa allows candidates to remain in the UK for up to 5 years or for the duration the sponsoring employer requests. In this instance, the sponsoring company would need to specify the number of years beforehand. However this route does not lead to settlement after the change of rules during April 2011. Position plays its part Applicants would need to ensure they have the requisite skills for a job at NVQ level 3 or higher. They would also need to validate in their application that their position or job skills are an asset to the host country. Impact of sub-category or current location Sub-categories or current locations are two factors which can play a major role in the length of time an applicant is permitted to stay in the country. Classification aims to segregate the applicants through their sub-categories, their country of origin and their length of stay in the country. The categories are classified as follows: Established Staff (Outside the UK ) If an applicant is applying from outside the UK, they can stay in the country for a period of three years plus one month or the period mentioned in their certificate of sponsorship plus one month; whichever is the shortest. Applicants can also apply to extend their stay by another two years or the time period stated on their certificate of sponsorship plus 14 days; whichever is the shortest. Established Staff (Inside the UK) If a candidate is switching from a work permit, they can apply under transitional arrangements to stay in the country for another two years or a time period that will take their total stay in the UK to five years. Again, the shorter of the two will be considered as the valid tenure. Graduate Trainee ( Outside the UK) One year Skills Transfer (Outside the UK) Six months Any candidate who has applied for intra company transfer prior to 6th April 2010 or has switched over from an intra-company work permit into the foresaid category, is eligible for settlement as and when the their duration of five years in the UK lapses. Employer’s Responsibilities and Requirements with regards to Intra-Company transfers A foreign national can qualify for an intra-company transfer if they can satisfy all requirements of the Points Based System and granted a Certificate of Sponsorship stating they are an intra company transfer employee. It is the employer’s responsibility to verify that the employee has the requisite skill level for the position and that they will be paid an acceptable salary. They will be required to prove that the foreign worker is being paid at the same rate as local workers of the company. Why the need for Intra-Company transfers? The main difference in hiring a worker through an Intra-Company transfer and any other category of the Tier 2 work permit is that the employer is not required to go through the mandatory Resident Labour Market Test before hiring a foreign national as an employee. This allows the employer to avoid the necessity to explain why a foreign employee was hired rather than a worker from the UK. Employer Requirements – Position of the candidate An eligible applicant’s qualification must fulfil one of the following criteria: A recognised degree relevant to the job being offered A non-relevant degree plus one year of work experience HND qualification relevant to the position being offered One year of work experience at NVQ level 3 or above if a HND level qualification is not relevant to the position offered Three years of relevant experience if the applicant does not hold a degree
The tier 2 Minister of Religion category is specifically reserved for candidates who are coming to the UK to perform pastoral duties. Coming to the UK in the capacity of a monk, nun, priest or a member of similar religious community entitles the candidate to stay in the country for a maximum of 3 years. Eligibility for applying Those applying under the tier 2 Minister of Religion category should: Be over 16 years of age Not a national of the European Economic Area (EEA) or Switzerland Want to enter or work in the UK under the tier 2 Points Based System (PBS) Sponsored Worker (Tier 2 Minister of Religion) Requirements The essential requirement of this visa is to score a minimum of 70 points in the sponsorship, maintenance and English language categories. Candidates applying as a Minister of Religion are to carry out duties which can include: Acting as a leader of a religious ceremony Education, preaching and teaching religion Performing rituals of marriages, funerals and other religious activities Counselling or providing welfare support to members of a congregation Conducting missionary activities Monitoring and coordinating the work of local preachers and volunteers Initially a prospective sponsor will apply with the UKBA for a license. Once acquired, they can apply for a number of certificates of sponsorship and subsequently use them for sponsoring Ministers of Religion. Time frame for Tier 2 (Ministry of Religion) Visa This visa is issued for an initial period of 3 years, which can be further extended. Upon successful completion of a total of 5 years, the person can apply for Indefinite Leave to Remain in the UK. ILR status holders can even go on to sponsor their non-British dependents to come to the UK and become eligible to apply for naturalisation and UK citizenship.
The Tier 2 (Sportsperson) visa is only for elite sportspeople and coaches whose employment will make a substantial contribution to the development of their individual sports at the very highest level in the UK. Those applying must be internationally established at the highest level of their sport. The Tier 2 (Sportsperson) visa is for non EU sportspeople intending to stay/work in the UK long term. If intending to stay for less than a year, a Tier 5 (Temporary Worker – Creative and Sporting) visa will be the applicable visa. Endorsement by the Sport’s Governing Body In order to be granted a Certificate of Sponsorship, the sponsor must first obtain the endorsement for the applicant from the sports relevant governing body. The endorsement will confirm: The player or coach is internationally established at a high level The player or coach will make a substantial contribution to the development of his or her sport at the highest level in the UK Duration The Tier 2 (Sportsperson) visa is issued for up to 3 years and 1 month. If you’re responsible for the recruitment of a UK sporting club or other organisation and need assistance in obtaining a Tier 2 Sponsorship License then please feel free to contact us. Tier 2 Points Test for Sports People You must meet the maintenance requirements for which you are awarded 10 points You must meet the Tier 2 English language requirements for which you’ll be awarded 10 points. Sportspeople are not required to speak English to the same standard as other Tier 2 visa holders You must be in possession of a valid Tier 2 (Sportsperson) certificate of sponsorship for which you gain 50 points A total of 70 points is required to qualify for this category of visa.
You can apply for a visa to visit the UK with your employer if you: are a domestic worker in a private household have worked for your employer for at least one year are from outside the European Economic Area (EEA) and Switzerland meet the other eligibility requirements Domestic workers include: cleaners chauffeurs cooks those providing personal care for the employer and their family nannies How long it will take You can apply for a visa up to 3 months before your date of travel to the UK. You should get a decision on your visa within 3 weeks. How long you can stay You can use this visa to visit the UK with your employer for up to 6 months. You must return home at the end of the 6 months or when your employer returns home, whichever is sooner. What you can and can’t do You can: stay in the UK if your employer takes a short trip to another country during the visit travel abroad and return to the UK to complete your stay, though you must prove you still work for your employer, eg a letter from them You can’t: change your employer while you’re in the UK change your job for your employer live in the UK for long periods of time through frequent visits bring in family members (‘dependants’) – they must apply separately switch to another type of visa from this visa get public funds
Tier 5 is for Temporary workers – Government Authorised Exchange Visa. Tier 5 can be used by immigrants who want to come to the UK for a short time for work experience or to do training, an Overseas Government Language Programme, research or a fellowship through an approved government authorised exchange scheme. In order to qualify for the Tier 5 there is a need of sponsorship from licensed sponsor. The work, training or research in the UK must relate to the work of your sponsor organisation.
As part of the European Community Association Agreement (ECAA) with Turkey, Turkish citizens who have legally worked in the UK for at least 1 year as either: The spouse of a British national or settled person A holder of a work permit a student allowed to work 20 hours a week during term time and full time during vacation periods may apply for a Turkish worker visa, providing that they meet certain eligibility requirements. You may also be able to apply to bring your dependants to the UK, either at the same time as your application, or at a later date. For more information, please contact our Immigration team, who will be happy to assist with all enquiries.
The UK Tier 1 Entrepreneur visa is for applicants who want to set up a new business or take control of an existing business in the UK. You must have access to at least £50,000 investment funds to apply for this Tier 1 visa, as well as meet the other eligibility criteria. Get it right the first time Imperial Visas specialises in Tier 1 Entrepreneur business visas and has helped hundreds of individuals from all over the world get their visa on the first try. Our team of trusted Tier 1 visa experts will handle your case with complete confidentiality, advising you about best practice and how to proceed every step of the way. Here’s what our immigration advisers can do for you: Prepare all necessary paperwork and ensure you have all the correct supporting documentation ready Advise you of any significant new rule changes by the UK Home Office which may affect your application Help you pass the ‘ Genuine Entrepreneur’ requirement by providing a bespoke business plan just for you and your business Fully prepare you for an interview (if applicable) with our years of experience Secure a Home Office appointment (sometimes even same-day) to apply in person or send your application for you Include your spouse and/or any dependants on your Tier 1 Entrepreneur application Next Steps To find out more or to request a consultation with one of our advisers, contact us on +44 (0) 20 3627 4777 , send us an email at info@imperialvisas.com or keep reading for further information about the Tier 1 Entrepreneur visa. Who can apply? This Entrepreneur Visa is a potential route to permanent settlement in the UK and can even be used for spouses and dependants accompanying the main applicant. Unmarried partners or any dependent children are also entitled to enter the UK and receive education, and healthcare, as well as seek employment within the UK. However, the main applicant is not allowed to take employment, and will have to be either a director of a business or self-employed in the UK . Applicants that already have leave to remain under the Tier 1 Entrepreneur Visa category are eligible to switch to another category inside the UK, provided they can fulfil the requirements of the switching category. This type of UK business visa is granted for an initial period of 3 years and 4 months for those who apply from outside the UK, and 3 years if applying from within the UK. Upon its expiration, the applicant may be granted a further extension within the Tier 1 Entrepreneur category of 2 years. Types of Entrepreneur Visas 1. You have access to £200,000 – this money can be in your own account or any third party’s account in the UK (see below Third Party Funding) 2. Access to £50,000 – from venture capital firms regulated by financial services authority, seed funding competitions listed as endorsed on UK trade and investment or funds made available by UK government department. 3. Access to £50000 if you are present in the UK on Tier 1 Post Study Worker Visa, (Switching from Tier 1 Post Study Work to Tier 1 Entrepreneur category is restricted from 11 July 2014) The £50000 should be from venture capital firms regulated by financial services authority, seed funding competitions listed as endorsed on UK trade and investment or funds made available by UK government department. You will be allowed to switch in this category if your business was operational before 11 July 2014. The category also requires the applicant to be registered as a director of the company or self employed 3 months before they make an application. In relation to registration proof certain documents need to be provided by the applicant. In this category the applicant also needs to provide advertisements, contracts and certain other documents to prove that the business they wish to operate in the UK is at or above NQF level 4 of the job titles of the occupation lists provided by the Home Office. Please contact one of our advisers at Imperial Visas for further information on this category: +44 (0) 20 3627 4777. There are certain other documnets needed in order to satisfy the requirements for switching into this category. 4. Access to £50000 if you are applying leave to remain in the UK and were previously granted Tier 1 (Graduate Entrepreneur) Visa. Tier 1 Entrepreneur Visa Mandatory Requirements The mandatory requirements need to be fulfilled by all applicants in any of the above categories: English Language Proficiency – The applicant needs to show that he/she has met the English Language requirement at Level B1 of the CEFR in reading, speaking, listening and writing components. The English language requirement can also be met by other documents such as your degree from the UK or outside the UK. Please contact an adviser at Imperial Visas for further information: +44 (0)20 3627 4777 Maintenance Funds – All applicants are required to score the full 10 points in this section by providing evidence which confirms that they have sufficient money to properly look after themselves and any dependants whilst in the UK. It is necessary to provide evidence that a specific amount of money has been held for at least 3 months prior to the date of making the application (which may be an initial or extension application). The applicant must provide evidence that they have access to the following amounts of money to successfully apply for a Tier 1 Entrepreneur visa: £3,310 if the applicant is making an application for entry clearance from outside the UK £945 if the applicant is making an application in-country either to extend their existing leave or an initial application to switch into this category within the UK £1,890 for each family member where the main applicant has been in the UK for a period less than 12 months £630 for each family member if the applicant and the family members are residing in the UK and the main applicant has been in the UK for a period more than 12 months . Please note that the applicant must hold these maintenance funds in addition to the £200,000 or £50,000 that is intended for investment purposes into the business. Genuine Entrepreneur Test The applicant applying for a Tier 1 Entrepreneur visa needs to meet this requirement in order to show that they are a genuine entrepreneur. The ‘genuine entrepreneur’ test will be conducted by the caseworker at Home Office, taking into consideration the factors set out below when deciding whether the applicant is a genuine entrepreneur: the evidence the applicant has submitted; the viability and credibility of the source of the money referred to in Table 4 of Appendix A; the viability and credibility of the applicant’s business plan and market research into their chosen business sector (this is now a compulsory requirement ); the applicant’s previous educational and business experience (or lack thereof); where the applicant has already registered in the UK as self-employed or as the director of a business, and the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; the applicant’s immigration history and previous activity in the UK; and Any other relevant information. Third party funding – when the funds are held by the someone else other than you the money i.e. £200,000 or £50,000 can still be shown. Thus, it is not necessary for the applicant to show £200,000 (or £50,000) of his own money to seek entry clearance or leave to remain in the UK under the Tier 1 (Entrepreneur) category. He can rely on third party funding for the required £200,000. The third parties may be one of the following: Any corporate body (within the UK or overseas) Any Family members (within the UK or overseas) Any other investor (within the UK or overseas) Please note that third party funding is only allowed to make up the £200,000 to invest in the UK business. The applicant must have their own money to score points under the maintenance section. If the applicant is applying for leave to remain, these funds must be held in the UK. Entrepreneur Extension You will need to score a total of 95 points, which includes mandatory 10 points for English Language and 10 points for maintenance. The extension will be granted for a period of 2 years leading to indefinite leave to remain. The points breakdown works as following: 20 points – You will receive 20 points by showing that you have invested £200,000 or £50,000 (depending under which category you made the initial application.) 20 Points – These points will be awarded to you on the basis that you have registered yourself as self-employed or a director of a business in the UK within 6 months from date of grant of your initial approval. 15 points – Will be awarded to you on the basis that you are registered as self-employed or a director of a company within the last 3 months from date of application 20 points – Are awarded to you if you have created 2 full-time jobs for persons settled in the UK. The employees need to be working for at least 30 hours each and must have been engaged in employment over the 3-year period of initial grant for a total of 1 year. Additionally, you need to score 10 points for English and 10 points for Maintenance requirement. Duration of Tier 1 (Entrepreneur) and settlement First-time applicants will be given 3 years and 4 months’ stay whether they apply for entry clearance or switch from another immigration category inside the UK. Those who are already on a Tier 1 Entrepreneur visa will be granted an extension for 2 years which enables them to complete five years’ residence in the UK; they will therefore be able to apply for Indefinite Leave to Remain. All other applicants will be granted an extension of 3 years in the UK. Tier 1 Entrepreneur migrants may also be eligible for the accelerated settlement route upon completion of 3 years’ time, provided they fulfil one of the following requirements: Generate turnover of at least £5 million over a 3-year period; or Create 10 full-time positions for UK-resident workers for a period of at least 12 months The requirements relating to naturalisation applications have not been affected and even if an applicant obtains ILR upon completing three years’ residence, they would still be required to wait for another 2 years and comply with the residence and other requirements in order to make an application for naturalisation. Allowable absences Tier 1 Entrepreneur migrants will be allowed to remain outside the UK for maximum period of 180 days in any calendar year with the right to apply for permanent settlement after 3 years (if they create 10 full time jobs for 1 year or generate a turnover of £5 million), or alternatively after a period of 5 years. Work Allowed Applicants with leave to remain or leave to enter under the Tier 1 Entrepreneur category will be allowed to work only for the business in which they have invested money, or as a self-employed individual on a project in which they have invested money. They will not be allowed to take up any supplementary employment. However, their dependants will be allowed to seek work or engage in self-employment activities for the duration of their visas in the UK. The only restriction for them is that they cannot work as trainee doctors, dentists or professional sportspersons/sports coaches while in the UK. Entrepreneurial teams Applicants can also apply in an entrepreneurial team of two people, but each must have equal access to the investment funds they are planning to invest. They can apply at the same time for the Tier 1 Entrepreneur visa using the same level of funds (i.e. either £200K or £50K funded by one of the above-mentioned establishments in the source of funds section). Each applicant will still need to pass the language and maintenance requirements individually in order to be successful. Settlement Prospects Only the following will be able to use time spent on their visas towards the 5 years’ residence criteria for Indefinite Leave to Remain. Persons having previous leave to remain as a Business Person Persons having previous leave to remain as an Innovator This means that if a work permit or Tier 2 visa holder, having already spent 3 years on a work permit or Tier 2 visa, switches into the Tier 1 Entrepreneur category, they will lose that 3 years for settlement purposes and have to complete 5 years on an Entrepreneur visa in order to become eligible for settlement in the UK. Those who have completed a total of five years in a combination of a Business Person visa, an Innovator visa or a Tier 1 Entrepreneur visa will be able to apply for Indefinite Leave to Remain 28 days before completing their five years. Administrative Review (Entry clearance applications only) If an application for entry clearance is refused by the ECO in the British Diplomatic post, the applicant will be given a right of Administrative Review of the decision that must be exercised within 28 days from the date of service of decision. The applicant will only be able to rely on the information and documents already submitted with the application and will not be allowed to submit any fresh documentary evidence. It is therefore strongly advised to seek professional help when making any review request to the ECO. Appeals (In-country Applications only) Applicants whose applications for leave to remain are refused will generally be given full rights of appeal, provided they do not have any leave to remain left in the UK at the time of the decision made by the Home Office. In these appeals, Tier 1 Entrepreneur visa applicants are not allowed to make use of fresh documentary evidence and information in support of the appeal. They can only rely on the evidence submitted at the time of their application (unless to show an alleged false document is genuine, or the appeal is on the grounds of human rights, asylum or race discrimination). The applicant will have 10 working days from the date of service of the decision to lodge an appeal to the First Tier Tribunal against that decision. It is strongly advised to seek independent and professional assistance to lodge any appeal against a decision made by the Home Office. Please contact Imperial Visas on +44 (0)20 3627 4777 for expert UK immigration & visa advice
Tier 1 Investor Visa is specifically designed for wealthy foreign nationals who wish to relocate to the UK and invest a minimum of £2,000,000 in the UK economy. Successful applicants are granted a 3-year stay in the UK with the possibility of an extension of a further 2 years if all essential requirements are met. If you have at least £50,000 that you would like to invest into starting up your own business in the UK, you may be a suitable candidate for the Tier 1 Entrepreneur Visa instead. Work restrictions & partners Investor Visa applicants can manage their investments but are prohibited from working in the UK. However, their spouse who is also granted entry into the UK on this visa is eligible for employment during their stay. Due to this, many applicants of this business investment visa make the less active partner the main applicant. Tier 1 Investor Visa applicants are permitted to be accompanied by their spouse and children who can take advantage of the same benefits as UK citizens. How can we help you? Our expert team of trusted legal advisers will ensure that your entire application process runs smoothly, from document preparation to interview. We’ll even help you put together a custom business plan for your investment to prove your genuineness as a UK investor. For further information about how Imperial Visas can help you succeed, contact us today on +44 (0)20 3627 4777 or email info@imperialvisas.com . Eligibility for Tier 1 Investor visa The Tier 1 Investor visa is quite different from other tier 1 visas as it does not require the applicant to have a sponsorship certificate from a licensed sponsor to gain entry clearance. Individuals can apply for this UK business investor visa if they are non EEA and Swiss nationals. The following criteria allow applicants to qualify for this visa: Applicants must have at least £2,000,000 which should be held in a regulated financial institution and disposable in the United Kingdom Applicant own personal assets worth £2,000,000 in value after liabilities. Applicants who are in the UK and wish to make an initial application for the investor category. Applicants who are already in the UK under the former investor category and wish to extend their stay within the new tier 1 investor category. Applicants who are already in the UK under the tier 1 investor category and who wish to extend their stay in the existing category. Applicants applying from outside the UK for entry clearance on the investor category. Investments and source of funding The money should be held in the bank account for 3 months before the date of application. If the money has been held in the bank account or portfolio for less than 3 months, then it is necessary to give specified evidence regarding the source of the money. The source of funding in this case can be one of the below: Will Divorce Settlement Award or winnings Gift Sale deed Evidence from a business The minimum investment required is £2 million, which is enough for the initial application, though according to the new rules the qualifying period for settlement depends on the sums already invested, so there are 3 categories: £2 million and more £5 million and more £10 million and more Money can be invested within 3 months of entering to the UK in proportion: 75% of the capital by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment and 25% as other assets; or the whole of the amount can be invested in UK Government bonds, share capital or loan capital in active and trading UK registered company or companies. Money should be disposable in the UK which means that it is held in a UK based financial institution or, if held outside the UK, it should be freely transferable to the UK and convertible to sterling. It can include money or assets belonging to the applicant’s spouse, civil partner or unmarried or same-sex partner, provided that specified documents are provided to show that the money or assets are under the applicant’s control and that he/she is free to invest them in the UK. Dependants Tier 1 Investor visa migrants will be able to invite their spouse/unmarried partner/civil partner and children under 18 years of age to join them as dependants in the UK. The dependants will be given full rights to work in the UK apart from working as Trainee Doctor/Dentist or professional sportsperson or a sports coach. PBS dependants can now apply from within the UK, as long as they are not here illegally, as visitors, or on temporary admission or temporary release or on bail in the UK. Tier 1 Investor Visa Extension Successful applicants are initially permitted to stay for a period of 3 years which they can extend by a further 2 years so that they have sufficient time to study the market and invest in the most appropriate business. Applicants applying for an extension are assessed on a points based system. They must fulfill one of the following criteria: 30 points are awarded if the applicant has a minimum of £1 million of their own money that is disposable in the UK. 30 points are awarded if the applicant has personal assets to the value of at least £2 million without any liabilities. If the applicant has a loan of £2 million minimum under their control, it must be taken out with an FSA regulated loan provider. Applicants must fulfill all of the below criteria for Investor visa extension: Applicants must invest a minimum of £1,500,000 through UK government bonds, share capital or investment capital in active UK companies. The companies should not be involved in property investment nor is depositing money in a bank or building society considered an investment. The investment must have been made within 3 months of obtaining the investor visa and must be maintained throughout the duration of the visa. Allowable absences The Tier 1 Investor visa migrants will be allowed to remain outside the UK up to maximum 180 days in any calendar year without losing their right to apply for permanent settlement after 2 years (£10 Million investment), 3 years (£ 5 million investment) or 5 years (£2 million investment). Duration of Tier 1 Investor visa and settlement First time applicants will be given 3 years’ and 4 months’ leave to enter or three years’ leave to remain if they switch from another immigration category in the UK. Qualifying period for settlement (ILR) is: 2 years from the point when £10m is invested; or 3 years from the point when £5m is invested; or 5 years if £1m invested Therefore those who invest £2m will require a visa extension for 2 years to enable them to complete five years’ residence in the UK and apply for ILR in the UK. The requirements relating to naturalization applications have not been affected and even if they obtain ILR in two years by investing £10 million in the UK economy they would still be required to wait for another 3 years and comply with the residence requirements in order to apply for naturalization in the UK. Benefits Offered Tier 1 Investor Visa applicants are exempt from several essential requirements that other Tier 1 Visa category holders must comply with. They are also entitled to the following benefits: Free education Free healthcare Work opportunities Possessing an Investor Visa is considered a status symbol Exemption from certain prerequisites such as English proficiency, minimum age and education requirements Proof of personal income tax is not required The main applicant can be either the husband or wife and they can be accompanied by their children under the age of 18 years. If their child is above the age of 18, the applicant will need to transfer their assets to their child’s name and appoint the child as the main applicant. If the child intends to study in the UK, the parents can apply for the Investor Visa as the child can obtain immigration status as a student. The main applicant is required to live in their UK home for a minimum of 183 days The processing time for an Investor Visa is less in comparison to other visas. Investor Visas usually take between 3 to 5 months to process.
A sole representative visa allows an individual to enter the UK on behalf of an overseas company if said company does not already have a presence in the UK. Companies wishing to apply under this category should understand that it is only for the expansion of their business. The sole representative visa is designed to help overseas companies to establish/expand its business in the UK. An overseas company is not permitted to send more than one person to act as a sole representative in the UK; any further staff members must apply under the relevant tier for a work visa. Once the visa is granted, an initial two-year leave is usually granted and extended for a further 3 years. After five continuous years in the UK, the individual may apply for indefinite leave to remain. Main Points: The individual must be employed by the parent company and in a senior position. The individual must not be a majority shareholder in the company (no more than 30% shareholding) The individual possesses the required level of competence in English; The Representative should not spend more than 180 days outside the UK each year if they wish to qualify for settlement; The individual representing the company in the UK as the Sole Representative must be someone who is an existing senior member of staff. Someone can be recruited specifically for this role but they would have to be recruited overseas and have a track record of setting up branches for other organisations. The individual applying cannot be a majority shareholder in the overseas business but should be senior enough to have full authority to take operational decisions in respect of the UK operation without referral to the parent business. Individuals applying to enter the UK as a Sole Representatives of overseas companies are required to sit and pass an approved English language test to the standard (A1 of the Common European Framework Reference) or to have an equivalent of a UK bachelors degree taught in English. The distinct advantage of this category is that the individual is not required to have any defined financial resources with which to establish the UK branch, as it is expected that the parent company would provide the necessary capital necessary. The personal financial consideration is that the individual must have adequate monies available to him or her to allow him or her to maintain and accommodate themselves and any dependants without recourse to public funds. The visa is given for 3 years and can be extended for further 2, at the end of which indefinite leave to remain (ILR) in the UK can be granted. The applicant would have had to have spent five consecutive years in the UK as a sole representative before being eligible to apply for ILR At the point of extension, necessary evidence of the activity of the UK company must be presented to show that the UK company has been set up and legally registered, and it’s active and trading in the UK, usually by way of company accounts, contracts, invoices, tax returns and so forth. There is no requirement on income however the company must generate a minimum level of turnover that the company is stable enough to support the Sole Representative and that it’s an ongoing commercial enterprise. It must also be demonstrated that the overseas company has continued to have its centre of operations outside the UK throughout the five years.
UK ancestry visa permits Commonwealth citizens to migrate to the UK to live and work on the basis of their ancestral ties to the UK. To qualify for this visa, candidates must have one or more grandparent born in the UK, Channel Islands, or the Isle of Man. Applicants with a grandparent born in the Republic of Ireland before March 1922 is also eligible. The qualifying grandparent can be alive or deceased. This is also if the applicant or either parent was adopted by a UK citizen and they can provide valid proof of their adoption. Eligibility Criteria Commonwealth citizens, in order to successfully obtain the UK ancestry visa, need to fulfil the following eligibility criteria: Applicants must be a citizen of a Commonwealth country irrespective of how the citizenship was acquired. Applicants must be a minimum of 18 years of age. Applicants must have a grandparent born in the UK, Channel Islands, Isle of Man or a grandparent born in the Republic of Ireland on or before 31st March 1922. Applicants must have the intention of undertaking employment whilst in the UK. Applicants must be able to support themselves and any dependants without recourse to public funds whilst in the UK. Applicants must have adequate accommodation whilst in the UK. The Ancestry visa is valid for a period of 5 years after which the visa holder can apply for Indefinite Leave to Remain in the UK and even UK citizenship. To apply for Indefinite Leave to Remain, the applicant needs to fulfil the following criteria: Should continue to meet all the essential requirements of the UK Ancestry visa. Prove they have continually spent the 5 year period in the UK and had regular employment during this time. They must not have spent more than 90 days outside the UK during the 5 years. Employment Applicants of the UK Ancestry visa must seek and intend to undertake employment whilst in the UK in order to support themselves and any dependants without recourse to public funds. Visa holders are free to take up any employment without any restrictions and do not require a work permit. Spouses and unmarried partners of Ancestry visa holders are issued with an Ancestry Dependency visa, which allows them the same benefits as the primary applicant. Extending the Ancestry Visa The Ancestry Visa is initially granted for a period of 5 year, after which the commonwealth citizen can apply for Indefinite Leave to Remain (ILR) in the UK. In this instance the applicant will need to prove that they have not been out of the UK for a consecutive period of 90 days. Applicants who were issued the Ancestry Visa before April 2006 will have a visa that is only valid for 4 years. These visa holders are permitted to apply for a 1 year extension, again after which they are eligible to apply for ILR Remaining on ILR for 12 months then entitles Ancestry Visa holders to apply for naturalization or British citizenship Benefits UK ancestry visa holders are entitled to the following benefits during their 5 year tenure: No requirement to be assessed under points based system. Entry in to the UK for this visa is based solely on family connections. No requirement of a prior employment offer. Successful applicants can work and live in the UK without restriction. No requirement of a work permit or sponsor. Applicants are not required to invest any finances in the UK unlike with the Investor category route. No restrictions on the type of employment undertaken during their stay in the UK. The opportunity to become a UK citizen through British naturalization. This visa serves as a good route to permanent settlement in the UK.
Known worldwide as the land of opportunity , the United States of America boasts a rich and diverse culture, one of the strongest currencies in the world, and one of the most sought-after passports on the planet. Through the USA EB-5 Investor Visa Program, investors can enjoy a host of exclusive benefits including: No language skills requirements; No minimum education requirements; No business or managerial experience requirements; Investment capital can come from a gift, inheritance, business ownership or any other lawful activity; No obligation to live in the state of investment; The opportunity to live, work and study anywhere in the U.S. and benefit from lower university tuition fees; Include dependent children under the age of 21. Eligibility Criteria for USA EB-5 Investor Visa: EB-5 Investor Program applicants must meet all of the following requirements to be eligible for the program: Be at least 21 years old; Show source of funds; Investment Options: There are two available investment options for an EB-5 Investor Visa: 1) Creation of a new U.S. enterprise To be eligible for this investment option, the applicant must meet the following requirements: Make a minimum investment of $1 million (USD) in a new commercial enterprise, or $500,000 (USD) if the enterprise is in a targeted commercial area, which includes rural areas or areas with high unemployment; Create full time employment for at least 10 qualified U.S. workers, and they must be direct employees of the commercial enterprise; Be actively involved in managing the day-to-day activities and/or policy formulation of the enterprise 2) Invest in a regional centre Regional centres are investment opportunities that have been pre-approved by the U.S. Citizenship and Immigration Services (USCIS). To be eligible for this EB-5 investment option, the applicant must meet the following requirements: Make a minimum investment of $500,000 (USD); The enterprise must create full time employment for a minimum of 10 qualified U.S. workers, indirect employment is permitted; Active management of the enterprise is not required. US Citizenship Requirements You can apply for naturalisation after 5 years if you meet the following requirements: Be 18 years or older; Lived within the state, or USCIS district with jurisdiction over your place of residence, for at least 90 days prior to the application; Have continuous residence in the U.S. as a Green Card holder for at least five years preceding the date of application; Be present in the U.S. for a minimum of 30 months out of the five years (60 months) immediately preceding the application; Reside continuously in the U.S. from the date of application for naturalization to the date of naturalization being approved; Be able to read, write and speak English, and have knowledge and an understanding of U.S. history;
Investing in an alternative global residence unlocks the opportunity for high net-worth individuals to permanently settle with a golden visa. Antigua & Barbuda The largest of the English-speaking Leeward Islands is a highly attractive prospect with its inspiring beaches of the finest white sand and azure waters. Join the long family of celebrities who chose the island as a place for winter houses and neighbour with Oprah Winfrey, Eric Clapton, and many more A-Listers with a golden visa. WHY CHOOSE ANTIGUA AND BARBUDA? The combined size of 442 sq. km and population of over 80,000 inhabitants, makes Antigua and Barbuda the 9th largest country by size in the Caribbean. This economic citizenship program facilitates you and your family’s comfort of visa-free travel to over 100 countries. Antigua and Barbuda recognizes dual citizenship, which can give you an advantage on business expansion and tax relief among many other benefits: • Very fast processing time within 3-4 months; • Include dependent children under 26 years, and dependent parents or grandparents over the age of 65; • Not required to travel to Antigua and Barbuda during the application process; • No interview required, education or managerial experience needed; • Visa-free travel to over 100 countries including the Schengen Zone, Canada, UK, Hong Kong, Singapore, and others; • No tax on global income. QUALIFICATIONS The Citizenship by Investment program was established in 2012 which makes it the most recent program of this kind. To qualify for direct citizenship in Antigua and Barbuda, applicants need to fulfil one of the investment requirements, and also meet the following criteria: • Be of good character; • Hold no criminal convictions; • Have good health; • Have a high net worth; • Reside (with all family members included in the application) in the country for a least 35 days within a period of 5 years. INVESTMENT OPTIONS 1. National Development Contribution or charitable donation High net worth individuals can choose to make a monetary donation of US$ 250,000 to the National Development Fund or an approved charity to gain a golden visa. 2. Real estate investment Choosing this option the property purchased must be a minimum of US$ 400,000 in a pre-approved real estate development area. The investment will need to be maintained for a minimum of 5 years. 3. Establish business An applicant can invest US$ 1,500,000 to establish a business and qualify to apply for citizenship directly. Two or more applicants can make a combined business investment where the individual threshold must equal a minimum of US$ 400,000 and the total investment must equal a minimum of US$ 5,000,000. Canada Canada is one of the top destinations for investors wishing to relocate. Some of the country’s key benefits are: • High rankings on key international comparative surveys of industrialized nations; • G8 and NAFTA member; • Beautiful environment with strict environmental controls; • Quality healthcare system, one of the best in the world; • Brilliant education system, one of the most respected in the world; • Cultural, ethnic and religious tolerance; • One of the most safe countries to live in; • One of the most respected passports for international travel. QUALIFICATIONS The program is designed to facilitate business people and their dependants to enter Canada as permanent residents on an unconditional basis. The following criteria need to be met for this golden visa: • business experience; • net worth of at least CA$ 1,600,000, and; • Invest a minimum of CA$ 800,000. The investment is secure & guaranteed. It is returned, without interest, approximately five years after payment. INVESTMENT OPTIONS Full Investment Option The minimum required investment of CA$ 800,000 must be maintained for a period of 5 years. At the end of this period, the full amount is returned to the investor without any interest. Financed Investment Option For those who would rather retain their capital for investment in ongoing business, the financed option maybe more desirable. Under this option, investors pay a smaller amount which is used to finance a CA$800,000 closed 62-month term loan from a chartered bank. This loan is initiated and repaid at no further cost and without additional guarantees from the investor. CITIZENSHIP REQUIREMENTS Investors and their family members who have lived in Canada for a minimum of three out of four years (1,095 days) preceding the application, have adequate knowledge of English and/or French, have no criminal convictions, and have acquired knowledge of the rights and responsibilities of Canadian citizenship are eligible to apply for citizenship. Cyprus Cyprus boasts a rich and diverse culture, warm Mediterranean climate, a safe and stable setting which is suitable for raising families, and perfect location for business and travelling. BENEFITS OF THE GLOBAL RESIDENCE PROGRAM • Fast track process allowing for a direct path to citizenship within 3-4 months; • No residence requirements during or after the application procedure (the only requirement is to visit at least once every 7 years); • No language requirements; • Dependent children under the age of 28 qualify for citizenship on the basis of their parents’ applications; • No need to relinquish current nationality; • Very low tax rates and free trade within the EU; • Unrestricted right to live, work and study anywhere in Europe; • Right to own properties in EU member states; • Strategic geographical location, forming a link between the EU, the Middle East, and North Africa with direct access to the Mediterranean Sea; • Low crime rate, excellent education system with a large number of high standard schools and universities and first-rate healthcare; • Outstanding holiday destination. Investment criteria The program is the fastest to lead to residence and citizenship in Europe. Application criteria In addition to making a financial investment, applicants must also meet the following criteria: • Have a valid passport; • Provide documents showing the source and origin of the declared funds for investment; • Prove the applicant has no criminal record; INVESTMENT REQUIREMENTS According to Regulations issued by virtue of the Civil Registry Laws, foreign investors who wish to obtain Cypriot citizenship by investment need to meet the following requirements: • Must hold a permanent privately-owned residence in the Republic of Cyprus, the purchase price of which must be at least €500,000 plus applicable VAT; • Must choose one of the prescribed investment options as an individual (€5 million), or as part of a group (€2.5 million) and maintain it for the required duration. INVESTMENT OPTIONS 1. Government bonds Applicants must make a minimum investment of €5 million in Cypriot government bonds. Investors need to maintain the purchased bonds for at least three years. 2. Financial assets of Cypriot companies or organizations Applicants must make a minimum investment of €5 million in qualified financial assets (bonds, securities, debentures, etc.) registered and issued in the Republic of Cyprus of Cypriot companies or organizations. Investors need to maintain the purchased assets for at least three years. 3. Real estate, land development and infrastructure projects Applicants must make a minimum investment of €5 million in the purchase or construction of buildings, land development projects (residential or commercial) or infrastructure projects. 4. Purchase, creation, or participation in Cypriot businesses or companies Applicants must make a minimum investment of €5 million in the purchase, creation or participation in businesses or companies that are based and operating in Cyprus. These businesses or companies should evidently have a tangible presence in Cyprus and employ at least five Cypriot citizens. 5. Deposit in a Cypriot bank Applicants choosing this option will need to have a fixed term deposit of at least €5 million for three years in a Cypriot bank account. 6. Mixed investments Applicants must make an investment of at least €5 million in a combination of the above options. Grenada Officially the newest golden visa of its kind in the world, the Grenadian Citizenship through Investment Program provides the following prime benefits: • Fast processing within 4 months; • Inclusion of dependent children under 25 years; • Inclusion of dependent parents above 65; • No physical residency requirements; • No requirements to travel to Grenada during the application process; • No interview, education or management experience required; • Visa-free travel to over 100 countries including Europe’s Schengen zone • E-2 treaty ‘Investor Visa’ signed between Grenada and the United States allows citizens of Grenada to operate a substantial business in the U.S. and reside therein; • No tax on global income. Grenada recognizes dual citizenship, therefore you can still benefit from your current citizenship status. QUALIFICATIONS The newest Economic Citizenship Program, Grenada’s Pilot scheme will allow qualified investors and their family members to apply for a golden visa, citizenship and benefit from facilitation of visa-free travel. As part of the governments strategy to attracting foreign direct investment, the Grenadian Government is working closely together with a select number of businesses related to tourism, agriculture, and manufacturing. Through the implementation of the Citizenship Through Investment Program, they also hope to create investment opportunities that will bring about sustainable employment. To qualify for citizenship in Grenada, applicants need to fulfil one of the investment requirements, in addition to the following criteria: • Be of good character; • No criminal record; • Have good health; • Have a high personal net worth. INVESTMENT OPTIONS Real Estate With the economy shifting from agricultural-dominant to service-dominant, one of the most viable options for foreign nationals is the investment in a pre-approved real estate projects. Mount Cinnamon The development is situated on a lush hillside on two miles of the white-sand Grand Anse Beach, which is widely recognized as one of the most beautiful beaches in the world. The resort-hotel, looking towards the historic capital St. George’s, sets the tone for an irresistibly elegant yet intimate, chilled beach hideaway. The investment is a minimum US$ 350,000 and must be owned and maintained for a minimum period of 4 years. An extra US$ 25,000 is required for every additional dependent. United Kingdom Being granted residency or citizenship status in the UK gives you access to a number of exclusive benefits, including: • A diverse and multicultural society represented by large cultural and ethnic communities; • A superior standard of education, a wide network of state and private schools, and more than 150 universities and higher education institutions; • Recognised as having the best free medical care service in the world; • A member of the G8; • A key member of the EU; • An unrivalled financial business hub (London); • An attractive tax regime for high net worth individuals classed as “UK resident, non-domicile”; • The travel mobility and safety of a UK passport. Investment criteria Offered through our associates UK-authorized financial institutions, the UK Investor Program is a three-tiered system enabling people who invest at a higher level to be granted permanent residency & citizenship sooner after gaining their golden visa. In addition to making a financial investment, applicants must also meet the following criteria: • Be able to maintain and accommodate yourself and any dependents without the need of UK employment employment (outside of self-employment or business); • Make the UK your main home. You will need to spend at least 50% of your time within the UK. INVESTMENT PROCESS Applicants must invest no less than 75% of the specified investment amount of their capital in the UK through UK government bonds, share capital or loan capital in active and trading UK registered companies. The remaining 25% can be invested in purchasing assets or by maintaining the money deposited in a UK-regulated financial institution.
Visitor visas are the most popular visas for individuals coming to the UK for tourism, business, visiting family members etc. Changes to this category were implemented 27 November 2008. The change was made to ensure that visitors clearly understand the range of activities they are allowed to undertake whilst in the UK on a visitor visa. Why you should visit UK. There are many reasons why individuals come to visit the UK. Individuals come to the UK for sightseeing, visiting on business, to undertake a short course, attend important events, visit the UK as a representative of a company, conduct research, or sit tests/exams in the UK. People also travel to the UK to get married or undertake a civil partnership ceremony. General requirements for UK visitor Visa Individuals that intend on visiting the UK must be able to demonstrate that they wish to visit the UK for no longer than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient funds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds. The only exception is for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for up to 12 months. There is also a concession for student visitors undertaking an English language course that are longer than 6 months but not longer than 11 months. Categories of the “Visitor Visa” It’s important that if you’re intending to visit the UK that you apply for the appropriate category of visitor visa before entering the country as you’re required to comply with the conditions of your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it’s therefore vitally important that purpose of visit reflects the category of visa you’re applying for. The different categories of “Visitor Visa” are as follows: General Visitors: Visiting Family Visiting Friend Tourism Academic visitors: Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch Individuals undertaking specific, one –off training in techniques and UK work practices or coming for business meetings/negotiations Entertainer visitors: This category is for individuals who intend to visit the UK for a short period of time to take part in cultural activities and events like musical events, charity events and art festivals Business Visitor: An individual who is employed in another country and wishes to visit the UK for a short period of time and engage in business related activities is entitled to apply in the capacity of a business visitor. Medical Treatment Visa: For those who are seeking medical treatment from a private medical practitioner. General visa: An ideal class of visa for those wishing to visit for a short period of time to meet friends, relatives or for tourism. Child visitor: All children wishing to visit the UK must apply for a visitor visa. The applicant must be under the age of 18 years and is permitted to visit the UK for a period of 6 months. This can be extended to 12 months if a child has entry clearance and is accompanied by an academic visitor. Visitors for Private Medical Treatment: A large number of visitors come to the UK for the sole purpose of having medical treatment is for a limited period of time. People coming on this visa require sufficient funds to financially support accommodate and pay for the medical treatment without any recourse to public funds. All arrangements should be made for the consultation or treatment Special Visitor: Visitors for private medical treatment in the UK Visitors intending to marry or undertake a civil partnership ceremony in the UK Parents of a child at school in the UK General Visitors General Visitors If you’re visiting the UK to see family/ friends, or simply visit for tourism and sightseeing purposes; you should apply as a general visitor. General visitors are now allowed to undertake up to 30 days of recreational, English language or academic study provided it is not the main purpose of their visit. Recreational study means holiday-type and leisure course such as horse-riding or pottery etc. Any other studies, such as English language, can only take place at an institution that holds a sponsor license under Tier 4 PBS or which is accredited by the Home Office. A. Requirements 1. You will need to demonstrate that you only intend to visit the UK for a short period – no longer than 6 months. 2. You should intend to leave the UK at the end of your visit and demonstrate that you can meet the cost of the return or onward journey. 3. You must be able to demonstrate you have sufficient funds to maintain and accommodate yourself (and any dependants) without working in the UK or receiving assistance from UK public funds. Alternatively you can show that relatives/friends will be financially supporting and/or accommodating you during your stay. You or relative should also be in possession of funds to cover the cost of their return or onward journey. 4. They do not intend to charge for any goods or services. They have sufficient financial means to support their stay in the UK without the need to take up employment. 5. There is no intention to engage in any form of employment and the applicant is willing to leave as soon as their tenure of visit to the UK has expired. B. Documents required If you wish to apply as a general visitor, you should ensure that you have basic documentation as follows: If employed: Letter from employer approving your leave for a specified period. The letter should include details of your employment, duration, your position, salary etc. and should detail when you are expected to resume work. If self-employed: Evidence of your business activities, accounts and financial credibility If studying: Letter from institution confirming details of your course, start-finish date, dates of holiday period and the dates you intend to visit the UK Evidence of ties to your home country – e.g. ownership of property, family ties/responsibilities Evidence of your travel plans – ticket bookings, hotel bookings, itinerary Bank statements for the last 3 to 6 months Evidence of additional savings C. Extension The maximum you can stay in the UK is six months as a general visitor. If your visa was granted for a period less than six months, you may apply for an extension of your visa which takes you up to the maximum six months. Please note that upon the expiry of your visit visa, you are required to leave the UK. If you stay beyond the expiry date of your visa, you will be illegally in the UK and you will be considered an “over stayer”. This will have an adverse impact on your immigration record and may affect any future UK immigration applications. It could possibly even result in you being banned from re-entering the UK for a certain period of time. D. Right of Appeal Applicants can be refused entry to the UK as a general visitor and, if refused, will receive a detailed letter explaining the reasons for the refusal. There is now no right of appeal against the Entry Clearance Officers decision to refuse an applicant’s visa to visit the UK, including a family visitor. The only remedy now will be to make a Judicial Review. This is where a Judge reviews the lawfulness of a decision or action made by the British Embassy/Home Office in the High Court. If you wish to explore this option further then please contact us to arrange a consultation/meeting. E. Our Services We advise on the procedure of making a ‘general visitor’ application and assess the merits of your application. We advise on the procedure involved for applying for visit visas for members of your family. We advise on the evidence required for the entry clearance application. We represent you in any visitor visa application. We provide templates of supporting letters We prepare the entire application/case from start to approval To see whether you qualify for a UK Visitor Visa call us today on 0203 627 4777
Business Visitor visas are for individuals whom are employed in another country and wishes to visit the UK for a short period of time and engage in business related activities (seminars, meetings, etc.). This visa does not permit you to work in the UK and/or engage in activities which you are being remunerated for. You can apply for a Standard Visitor visa if you want to visit the UK for business-related activities, eg: you’re coming to the UK for a conference, meeting or training you want to take part in a specific sports-related event you’re an artist, entertainer or musician and coming to the UK to perform you’re an academic and are doing research or accompanying students on a study abroad programme you’re a doctor or dentist and are coming to the UK to take a clinical attachment or observer post you want to take the Professional and Linguistic Assessment Board (PLAB) test or sit the Objective Structured Clinical Examination (OSCE) you want to get funding to start, take over, join or run a business in the UK What you can and can’t do You can: take part in any of the business-related activities mentioned in the Visitor Rules study for up to 30 days, as long as it’s not the main reason for your visit take part in an exchange programme or educational visit (if you’re under 18) convert your civil partnership into a marriage You can’t: do paid or unpaid work live in the UK for long periods of time through frequent visits get public funds marry or register a civil partnership, or give notice of marriage or civil partnership
The Tier 4 Student Visa has two sub-categories: Tier 4 General Student – people coming to the United Kingdom for education; Tier 4 Child Student – for applicant between 4 and 17 years old coming to the UK for their education to study at independent institution. Students between the age of 16 or 17 years old can agree with chosen educational establishment either to apply for Tier 4 General Student or Tier 4 Child Student visa. It depends on the level of course. If the course is considered as NQF Level 3 or above, the educational provider should advise a student on the available sub-category. Educational provider Is any educational establishment in the UK that is approved by UKBA and has been given a sponsorship licence to bring overseas students to the United Kingdom under Tier 4 category. There is a ‘genuiness’ test, for Tier 4 categories where the Home Office will check that whether the applicants are genuine and intend to meet the conditions of their visa. Claiming points (Total required 40 points) 30 points: will be awarded for having a valid Confirmation of Acceptance for Studies (CAS). This is issued by the education provider. The Confirmation of Acceptance for Studies (CAS) has a unique reference number electronically issued by a education provider. 10 points – will be awarded for having for having enough money to cover your course fees and monthly living costs (also known as maintenance or funds). You must show that you have held the money for at least a consecutive 28 day period. The end of that 28 day period must not be more than one month before the date of application. Confirmation of Acceptance for Studies (CAS) The approved education provider will provide a Confirmation of Acceptance for Studies (CAS) which is an official and unconditional offer of a place on a course of study in the UK. After the CAS is issued you must apply before it expires. Having a CAS does not guarantee the application will be successful and the applicant must meet all the requirements of the immigration rules relevant to Tier 4 category. Maintenance or Funds The money you need to show covers your course fees for your first year of study and living costs for up to a maximum of nine months in the UK. The amount you will need depends on whether you are applying as a child or adult and also whether you will be studying inside or out of London. You must show that you have held the required amount of money every day for at least 28 days, which must not be more than 31 days before the date of your application. There is a declaration on the visa application form requiring students to declare they hold and will continue to hold the required maintenance funds to cover their course fees and living costs in the UK, and that these funds will remain available to them to support themselves in the UK while they study and to pay for their course in the UK. If you are using overseas currency, you must clearly mention the exchange rate on the date you apply and money in GBP. Your study is in London if the majority of your study (more than 50% of your study time) will be in any of the following boroughs in London: Camden, City of London, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Newham, Southwark, Tower Hamlets, Wandsworth and Westminster. If you are not studying in any of these boroughs, you will be considered as studying outside London. The address given in your CAS will be used as proof of your main study site. You must show the amount of money to meet basic living costs (which does not include fees): £1000 (£1020 from 01 July 2014) per month if you are admitted to ; £800 (£820 from 01 July 2014) per month if you are living outside London. You can prove you have the money if you have: cash in any account in your name (this includes any joint accounts with your name); or a loan in your name; or Official financial or government sponsorship. Money in your parents or legal guardian’s account provided that they are willing to give a confirmation letter. If you have already paid some of your fees or accommodation before applying for your visa, this amount will be taken away from the total amount of money you are required to show. However, the amount taken away cannot exceed a maximum of £1,000 (£1020 from 01 July 2014) for 9 months, even if you have paid more in advance for accommodation. This only applies if you are staying in university or college arranged accommodations. English language In general, where the course is below degree/foundation degree level or below NQF/QCF level 6 (and where the student is not from one of the English-speaking countries listed in the Immigration Rules at Appendix A) a student will need to show a knowledge of English language equivalent to level B1, or above, of the Council of Europe’s Common European Framework for Language Learning (unless coming to study English, in which case the course must be at level B2, unless the CAS was assigned before 23rd July, 2010, where the course level need only be A2). Applicants coming to study at degree level, foundation degree level or NQF/QCF level 6 or above will need to show a knowledge of English language equivalent to level B2, or above, of the Council of Europe’s Common European Framework for Language Learning. Students studying at Higher Education Institute (HEI), the Institute can decide how it assesses the student’s English language ability and vouch that the student has attained the necessary English level – a Secure English Language Test (SELT) certificate need not be supplied. Dependants Only those students studying at postgraduate level at HEIs on courses lasting more than 12 months, or more than 6 months for government-sponsored students studying at any level will be permitted to bring dependants with them. Those dependants already in the UK before 4th July 2011 with leave in line are allowed to stay until the end of their leave to remain. Dependants with existing leave granted before 4th July 2011 wishing to extend their stay will be able to do so subject to existing restrictions, provided they apply at the same time as the Tier 4 (General) Student applies to continue their studies, and within three months of expiry of their existing leave granted. Dependants will now be able to apply from within the UK for initial leave as a PBS dependant, unless they are not here illegally, as visitors, or on temporary admission or release. Right to Work for Dependants If the main applicant’s grant of leave is for less than 12 months, the dependants will not be allowed to work in Great Britain, unless the main applicant is sponsored by Government funding. If the main applicant’s grant of leave is for a course of study below degree level, the dependants will not be allowed to work in Great Britain, unless the main applicant is sponsored by Government funding. Additional documents and proof for students under 18 years old All students under 18 years old will need to get their parent(s) or legal guardian’s written consent to the care arrangements for their travel to, reception and care while in the United Kingdom, before permission to enter or stay will be given to them. Extra studies As a child or adult student, you are allowed to do extra courses, for example, evening courses or other course relevant or irrelevant to your main course of studies in the UK. You do not need permission from Home Office to do extra studies, and you do not need to tell your approved education provider but you must make sure that the extra course does not get in the way of the course that you have been granted stay for . Working Only those students at studying at higher education institutions (HEIs) and publicly funded further education colleges will be allowed to work while in the UK. What is a higher education institution (HEI)? An HEI is a recognised body, or a body in receipt of public funding as an HEI from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council in the UK. This is essentially Recognised Bodies, University Colleges and small number of other institutions. Institutions, including further education colleges, which receive some public funding to deliver higher education courses are not included within this definition of an HEI. Recognised bodies are all those institutions or bodies, including universities, which have power to award their own UK degree. How many hours can a student work? Those studying at an HEI at degree level can work no more than 20 hours per week during term time and any hours during their holidays. They are not allowed to fill a full-time permanent vacancy unless they have completed their UK Degree and switch to Tier 2 Category. Those studying at an HEI below degree level are not allowed to work more than 10 hours per week during term time and any hours during holidays. They must not fill a full-time permanent vacancy in the UK and are not allowed to switch to Tier 2 category. Those studying at any academic level at a publicly funded further education college can work no more than 10 hours per week during term time and can work any hours during holidays. They must not fill a full-time permanent vacancy in the UK. All other students, i.e. those at privately funded colleges, are not permitted to work while they are in the UK. Switching Rules You can switch in to the adult student category if you have, or were last given, permission to stay in the UK under one of the following categories: Tier 4 (General) student Tier 4 (Child) student Tier 2 Migrant Tier 1 (Post-Study Work) migrant prospective student student student re-sitting an examination student nurses students writing up a thesis Student Union sabbatical officer Work Permit holder a postgraduate doctor or dentist participant in the SEGS participant in the IGS participant in the FT: WISS Extension of staying You can apply to extend your permission to stay while you are in the United Kingdom, or you can apply to extend your permission from outside the United Kingdom if you want. You may need a lower amount of money for your living costs if you have established presence in the UK. The money you need to apply for a further course of study or to complete an existing course of study will depend on the length of your course and where you will study that is in London or outside London. If you have an ‘established presence’ you will have to show only two months’ maintenance funds (instead of nine months). You have an established presence if, at the date of application, you have current leave and you have finished within your last period of leave a course of study in the United Kingdom of at least six months, or you are applying for continued study on a single course where you have already completed at least six months of study. Doctorate Extension Scheme (DES) If you are currently a PHD student with a Tier 4 sponsor that is a UK Higher Education Authority then you can now apply for the Doctorate Extension Scheme to stay in the UK for 12 months after your course has finished. The Scheme allows you to work and gain further experience in your chosen field, seek skilled work or make plans to become an entrepreneur in the UK. Requirements of the DES; you must have permission to stay as a Tier 4 (General) student to study a course that leads to the award of a PhD qualification ; you must be studying with a Tier 4 sponsor that is a UK HEI; and you must not yet have completed your course; and you must have a CAS from your Tier 4 sponsor confirming that they expect you to complete your course on the stated expected course end date and that they will sponsor you during the 12 months you are on the scheme; and you must be applying no more than 60 days before the expected course end date specified on your new CAS. The DES is a sponsored scheme which essentially means that your Tier 4 sponsor must agree to sponsor you while you are on the scheme at a recognised institution. This includes maintaining contact with you, there must be at least two contact points while you are on this scheme. If you miss these without reasonable explanation then your sponsor will be able to withdraw their sponsorship and inform the Home Office. Your Tier 4 sponsor will also have to inform the Home Office if you finish your course without completing your PHD or if you are awarded a lower qualification instead. Student Update – New route for talented MBA graduates! If you are a talented MBA graduate from a UK Higher Education Institution (HEI) then you may be able to apply for a Tier 1 (Graduate entrepreneur) visa as the Home office has created 1,000 places for talented MBA graduates starting from 6 April 2013. There are also 900 places for graduates in any subject from UK HEIs and 100 places for those applying under the UK Trade and Investment’s elite global graduate entrepreneur scheme in the UK. If you are interested in applying under this route then you can find further detailed information by calling our team of experts on 0203 627 4777. Appeals (In country Applications only) If your application for permission to stay is refused, you may be able to appeal. Details on how and if you can appeal will be stated with your reasons for refusal letter. It is strongly advised to take professional assistance in order to lodge an appeal against the decision of the Home Office. Administrative Review (Entry clearance applications only) If the entry clearance application is refused by the Entry Clearance Officer in the British Diplomatic post, the applicant is given a right of making a request in order to get the decision reviewed, which should be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to submit any additional documentary evidences to the ones already submitted when requesting review for decision made. It is strongly advised to take professional help while making grounds for making review request to the ECO. YOU CAN SEEK PROFESSIONAL HELP WITH YOUR TIER 4 STUDENT VISA BY CONTACTING OUR ADVISERS ON +44 203 627 4777
The Tier 4 Child Student Visa category is for children coming to the UK to be educated between four and 17 years old at independent schools. Child student visa Tier 4 Child student visa applications made using a CAS assigned on or after 10 August 2015 must be to study at an independent school. Tier 4 (Child) applications made using a CAS assigned on or before 9 August 2015 will be considered in accordance with the Rules in force on 2 August. ,You must apply as a Tier 4 (Child) student if you want to study at or below level 2 of the National Qualifications Framework. Tier 4 Child students who are under 16 years of age may not be offered an English language course (except insofar as this forms part of a broader programme of study being taught in accordance with the National Curriculum, the NQF, or accepted as being of equivalent academic status or fulfilling the requirements of prevailing independent school inspection standards). You can apply to come to the UK as a as a short-term student child in order to study English language for a maximum of 6 months. Can I switch in to the Tier 4 Child student visa category? You can switch into the Tier 4 (Child) student category if you have, or were last given, permission to stay as: A Tier 4 (General) student; or A Tier 4 (Child) student; or a prospective student, or as a student under the Immigration Rules in place before 31 March 2009 What are the acceptable levels of courses I can do? You can do a course that is: taught in line with the National Curriculum; or taught in line with the National Qualification Framework (NQF); or a prospective student, or as a student under the Immigration Rules in place before 31 March 2009 Documents used to get a CAS for Tier 4 Child student visa who are 16 or 17 years old If you are 16 or 17 year old and your Tier 4 sponsor has assessed your qualifications in order to assign the CAS, you must send us these qualifications with your application. What money do I need? The amount of money will depend if you are a boarding or non-boarding student. But, in general you will need your first year’s course fees + your accommodation fees for the first year. If you are in doubt as how much money you or your child requires in order to obtain the visa please give a call to Imperial Visas Tier 4 specialist team now on 0203 627 4777 who will assist you promptly.
In order to qualify for Long Residency Indefinite Leave to Remain (ILR) on the basis of 10 years’ legal residency in the UK, it is pivotal the applicant has spent at least 10 years of continuous legal residence in the UK on any category of visas. Indefinite Leave to Remain UK is also known as Permanent Residency. ILR is the last step for any non UK national/citizen to fulfil before becoming eligible to apply for a British Passport. Please note that the UK Border Agency now allows individuals to submit their applications for Long Residency ILR using the same day service. The days out requirement in this category are 18 months, please check with our advisers if you have been out of the UK for more than 18 months and are applying under the long residency route. Applications can be submitted up to 28 days prior to the qualifying period being met. Applicants must also demonstrate knowledge of English and life in the UK. Applicants will need to sit and pass the “Life in the UK” test and if necessary an English language test at level B1.
A person who has lived 20 years continuously in the UK can apply for limited leave to remain under paragraph 276ADE of the Immigration Rules. Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK without any gap in the VISA. For the purposes of long residence, a period is not considered broken if the applicant: was away from the UK for six months or less at any one time, and had existing leave to enter or remain upon their departure and return. Once the application is successful, the applicant will be granted discretionary leave to remain for 30 months under the 10 years route to settlement. Reasons that break continuous residence Continuous residence is considered to be broken if the applicant has: been away from the UK for a period of six months or more in one go, or is absent from the UK for a shorter period but does not have a valid leave to enter or remain in the UK been deported or removed from the UK, or has left the UK following refusal of leave to enter or remain left the UK under the circumstances in which applicants could have no chance of returning to the UK lawfully been convicted of an offence and given a sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences spent a total of 18 months outside the UK throughout the 20 year period. Choose IMPERIAL VISAS for Your Application to Extend Your Stay under 20 years Long Residence Imperial Visas the immigration experts in dealing with all applications for leave to remain on the basis of 20 years long residence. The quality of our service is self- spoken from the reviews of our clients about the service received by them from our immigration Advisors.
Discretionary Leave is used by the UK Home Office sparingly and it is granted only if a case falls within the limited categories in the circumstances where: There are no provisions in the Immigration Rules, however it is not granted to person qualifies for asylum, Humanitarian Protection, or where there is another category within the Immigration Rules under which they qualify. From 9 July 2012 Discretionary Leave is generally not granted for Article 8 family or private life reasons, unless gravity of the circumstances allow. Discretionary Leave should not normally be granted to EEA nationals (and their third-country National family members). See the link for EEA family permits on our website. Discretionary Leave may be granted in cases where there are exceptional circumstances to justify in applying discretion. The period of leave granted will vary depending on the basis on which the grant of Discretionary Leave. Those granted Discretionary Leave will have access to public funds and are entitled to work. Discretion Leave for Children Where the child is in the UK for a period of time then discretion is generally exercised based on the circumstances the child is living in, the UKBA is bound to take welfare of the children into consideration. Article 8 and Article 3 Cases The general principle applied to these cases is that a person cannot avoid return on the basis that they require medical, social or other form of assistance being provided in the UK. The improvement or stabilisation in an applicant’s medical condition resulting from treatment in the UK and the prospect of serious or fatal relapse on expulsion will not in themselves render expulsion inhuman treatment contrary to Article 3, however proof of these documents will always be required to be submitted to the UK Home Office. The threshold set by Article 3 is therefore a high one. It is “whether the applicant’s illness has reached such a critical stage (i.e. he is dying) that it would be inhuman treatment to deprive him of the care which he is currently receiving and send him home to an early death unless there is care available there to enable him to meet that fate with dignity” from the case of N (FC) v SSHD [2005] UKHL31. To meet the very high Article 3 threshold, therefore, an applicant will need to show exceptional circumstances that prevent return, namely that there are compelling humanitarian considerations, such as the applicant being in the final stages of a terminal illness without prospect of medical care or family support on return, however proof of these documents will always be required to be submitted to the UK Home Office. This category applies to asylum and non-asylum cases. Discretionary Leave may be appropriate where the breach would not give rise to a grant of Humanitarian Protection but where return would result in a flagrant denial of the right in question in the person’s country of origin in such cases reports will be required from place of origin of the person and documents will only be acceptable from credible sources in such cases. Exceptional circumstances A grant of Discretionary Leave may be appropriate in cases under Paragraph 353B of the Immigration Rules. This applies in cases where there are further submissions to be considered, but also where there are no outstanding further submissions, appeal rights are exhausted and the case is subject to a review the decision has also exhausted. UK Home Office carefully considers whether a grant of leave would now be appropriate which is based on the evidence provided to them.
WHO QUALIFIES FOR REGISTRATION? Children must be under 18 years old when the application is made. Once they reach the age of 18 they must apply for British citizenship as adults, either by registration where they have an entitlement, or by naturalisation. The date of application is the date it is received by the Home Office or the receiving authority; Automatic acquisition of British citizenship Children who have automatically acquired British citizenship do not need to be registered. There are two ways a child can automatically be a British citizen without needing to register. British citizenship otherwise than by descent A child born in the UK to parents one or both of whom are British citizens, or are settled in the UK at the time the child is born, or members of the UK armed forces is automatically a British citizen otherwise than by descent and does not need to be registered. A child born in a British overseas territory (see page 8) after 21 May 2002 will also be a British citizen if, at the time of the birth, either parent is a British citizen, or settled in the United Kingdom, or settled in that particular territory, or is a member of the UK armed forces. A child who is adopted in the UK and one or both adoptive parents are British citizens will also automatically be a British citizen otherwise than by descent on adoption and does not need to be registered. A child adopted under the 1993 Hague Convention on Intercountry Adoption may be regarded as a British citizen otherwise than by descent on production of the Convention adoption certificate issued on or after 1 June 2003; and evidence that, on the date of the adoption, the adopter or, in the case of a joint adoption, one of the adopters was a British citizen, and evidence that, on the date of the adoption, the adopter or, in the case of a joint adoption, both of the adopters were habitually resident in the United Kingdom or in a territory designated for this purpose. To be settled, the parent(s) must be free from immigration conditions. Children born in the UK to the following will not automatically become British citizens diplomatic staff of foreign missions who have diplomatic immunity. Or members of visiting forces, i.e. member of the armed forces of another country based in or visiting the UK. Or in the event of war, children of an enemy alien who is part of an occupying force. Parents who are/were in breach of immigration laws. This may apply to parents who are claiming asylum even if they have been given temporary 7 admission. This applies particularly where asylum seekers entered the UK clandestinely i.e. illegally. British citizenship by descent British citizenship may descend to one generation born abroad. So a child born abroad to a parent who is British otherwise than by descent will automatically be British by descent The exception is A child born before 1 July 2006 to a British father and non-British mother who were not married. The child will be able to apply for registration under section 4G using form UKF. Children born to parents who are British by descent have no automatic claim to British citizenship. Applications may be made through entitlement under section 3 (2) or section 3 (5) if children satisfy the requirements for registration. Or they may apply at the Home Secretary’s discretion under section 3 (1) if there are compelling or exceptional reasons for registering a child as British. The exception to this broad rule is where a child is born abroad to one or more parents who are in Crown service or service designated for this purpose or Community institution service. In this case, the child will be a British citizen otherwise than by descent. To qualify, the parent must have been recruited in the UK and have been sent to serve abroad. Designated service is agreed by Parliament
People with indefinite leave in the UK: have no limit on the amount of time they can spend in the UK, and cannot have conditions attached to their stay, e.g. their ability to work or claim social security benefits in the UK cannot be restricted for immigration reasons (Immigration Act 1971, ss 1(2), 3(1) (IA 1971)) Conditions of leave. However, people with indefinite leave enter and stay in the UK by permission and are therefore still subject to immigration control. This control is most frequently experienced when seeking re-entry to the UK as a returning resident, i.e. when returning to resume residence in this country. Categories of returning resident There are three broad types of returning resident: refugees and holders of UKBA-issued travel documents people who can resume residence irrespective of the length of their absence from the UK (of which there are two sub-categories: those who hold certain types of UK passports issued before 1 January 1973; and spouses and partners of serving members of the UK armed forces and government agencies), and Those who should return to the UK within 2 years of their departure. Refugees, stateless people and holders of certificates of travel/identity People with refugee status in the UK who have been issued with a Convention travel document must be readmitted as a returning resident at any time during the validity of their travel document (UN Convention Relating to the Status of Refugees 1951, Schedule, para 13(1)). Stateless people issued with a stateless person’s travel document by the UKBA and people with indefinite leave who hold a UKBA-issued certificate of travel/identity must also be readmitted as returning residents within the validity of their travel document (ECG ECB 8.13). No time limit on return – holders of UK passports issued before 1 January 1973 A summary of the historical context for the regulation of certain holders of UK passports is given in UK Border Agency (UKBA) policy instructions (IDI Chapter 1, Section 3, and Annex M). People in the following categories who have a UK passport issued in the UK, Channel Islands, the Isle of Man or Ireland before 1 January 1973 should be admitted as a returning resident unless their passport has been endorsed to show that they were subject to immigration control (Immigration Rules, Part 1, para 17): British Dependent Territories citizens (Immigration Rules, Part 1, para 16) British Nationals (Overseas) British Overseas citizens (BOCs) British protected persons, and British subjects under section 30(a) of the British Nationality Act 1981. BOCs who hold a UK passport issued anywhere and who satisfy the immigration authorities that they have been given indefinite leave since 1 March 1968 should be given indefinite leave to enter. UKBA instructions confirm that this provision is extended outside the Immigration Rules to British subjects under the British Nationality Act 1981, s 30(a) and to British protected persons (IDI Chapter 1, Section 3, Annex M, para 1.2). The instructions also provide guidance on the wording confirming returning resident status normally endorsed in the holder’s passport. No time limit on return – spouses and partners of serving members of the UK armed forces and government agencies The spouse or partner with indefinite leave of: a member of the UK armed forces serving abroad a permanent member of the UK Diplomatic Service or a comparable UK-based staff member of the British Council, or a staff member of the Department for International Development who is British or has indefinite leave Who accompanies their spouse/partner on a tour of duty abroad, should be readmitted as a returning resident even if they have spent more than 2 years abroad. If such a spouse/partner travels independently, and is away from the UK for more than 2 years, they do not benefit from this provision and may need to obtain fresh entry clearance to return to the UK (IDI Chapter 1, Section 3, Annex K, para 3). Return within 2 years Most people with indefinite leave fall into this category (Immigration Rules, Part 1, paras 18, 19). The requirement to return to the UK within 2 years is known as the 2-year rule. However, even people subject to the 2-year rule who are absent from the UK for longer may be readmitted as a returning resident under the Immigration Rules. This provision and the 2-year rule are covered in Practice Note: The 2-year rule and returning for settlement.
The Right to Abode entitles the candidate to live and work freely in the UK without any restrictions. Those with the Right to Abode are free from immigration control and do not have a time limit attached to their stay in the UK. Candidates are also eligible to apply for Indefinite Leave to Remain or can register as a British Citizen. All British and Commonwealth citizens have the Right to Abode. British Citizen’s Eligibility All British nationals automatically have the Right of Abode. Dual nationals who do not have a British passport may obtain a Right of Abode stamp in their foreign passport to enable them to travel to the UK without any restrictions or problems. All those who obtained citizenship on 1st January 1983, the date the British Nationality Act came into force, will have the Right of Abode in the UK. The following categories automatically receive Right to Abode: If an individual has gained UK citizenship either through birth, adoption, naturalisation or has been registered in the UK. If an individual’s parent was a UK citizen either through birth, adoption, or naturalisation at the time of his or her birth. If the individual’s parent qualifies for the Right of Abode through birth, adoption or naturalisation. If the individual was a UK citizen before 1st January 1983 and had been living in the UK continuously for five years, during which time they have met with all immigration terms did not have any time limit on the duration of their stay. If the individual is or was the spouse of someone with the right of abode in the UK. Commonwealth Citizen’s Eligibility Commonwealth citizens have Right to Abode if they have been a citizen of a Commonwealth country prior to 1 January 1983. This makes the Commonwealth citizen free from UK immigration control and they are not required to seek permission from immigration to enter the UK. These citizens can freely live and work in the UK without any restrictions. Commonwealth citizens qualify for the right to abode under the following circumstances: If a Commonwealth citizen has a parent who, at the time of his/her birth or legal adoption, was a citizen of the United Kingdom through birth. If a Commonwealth citizen is or was the spouse of someone who has the Right of Abode in the UK. In order to prove their candidature for Right to Abode the applicants need to produce either of the following documents: A UK passport declaring them as a citizen of the UK and colonies. A foreign or Commonwealth passport having a certificate of entitlement. If they were born before January 1st 1983 and have a UK born parent. Certificate of entitlements are granted as proof that an individual has the right to live and work in the UK without facing any immigration restrictions. This certificate is usually issued to individuals who have the right to reside in the UK but are not in possession of a British passport or identity card. The certificate is a sticker that is placed in a valid passport and it expires only when the passport does. To obtain another certificate for the new passport, a new application will need to be made Qualifying Citizens The following Commonwealth citizens qualify for the Certificate of Entitlement to the Right of Abode: • Either through birth, adoption or registration. • Those legally adopted before 1st January 1983 by a UK born parent. • A woman who has married a man prior to 1st January 1983 with the right of abode. • Those that had the Right of Abode on 1st January 1983 and became British Citizens through five years continuous residence. • Candidates born before 1st January 1983 to a UK born mother or UK born biological father. • Individuals born to a Southern Irish mother or their biological father was born in Southern Ireland. Restrictions A Certificate of Entitlement will not be issued under the following conditions: • If already in possession of a UK passport stating they are a British citizen. • If already in possession of a UK passport describing them as a British subject with the right of abode in the UK. • If they have an ID card that describes them as a British citizen. • If they have an ID card describing them as a British subject with the right of abode in the UK.
You can make an application for No Time Limit ( NTL) if the passport on which ILR was endorsed has expired. As a result of the NTL application, the UKVI will issue your Indefinite Leave to Remain (ILR) on a Biometric Residence Permit also known as BRP card. The applicant must provide proof that he/she has been living in the UK continuously since the grant of Indefinite Leave to Remain (ILR). NTL Applications can be done on a Same Day Service as well. Imperial Visas is registered with the Home Office, UKVI , Public Enquiry Office (PEO) , Lunar House, Croydon. At Imperial Visas our immigration advisors can prepare and submit your NTL application to the Home Office, UKVI , Public Enquiry Office (PEO) and get decision on the application in only few hours.
If you’re in the UK You must apply for a replacement biometric residence permit (BRP): within 3 months if it was lost, stolen or damaged while you were in the UK within 1 month if you’re returning to the UK on a ‘replacement BRP visa’ You may be fined up to £1,000 and have your permission to stay removed if you don’t apply for a replacement in time. How to apply Imperial Visas can assist you to apply for BRP replacement. We can make a postal application on your behalf or apply in person at a premium service centre (only if you have leave to remain or indefinite leave to remain) You MUST also have to apply for a replacement BRP if your personal details have changed. If you’re outside the UK You can’t apply for a new BRP until you’re back in the UK. Instead, you must apply for a ‘replacement BRP visa’ which you can use once to re-enter the UK. Our Immigration Advisors can assist you in applying for a BRP replacement even.
This page explains how you can ask us to transfer your multiple-entry visa or residence permit (known as a visa, ‘leave to enter’ or ‘leave to remain’) from an old passport or travel document to a new one. If your old passport contains a multiple-entry visa or residence permit, we can transfer that visa or residence permit to your new passport when the old one expires. You do not need to transfer your visa or residence permit to your new passport. If you choose not to transfer your permit, you should carry both your old and new passports when you travel to the UK – this will prove to our immigration officers that you have the right to be in the UK. If you cannot produce your visa or residence permit when you arrive at our border, you may not be allowed to enter the country. It is your responsibility to ensure that your travel documents are up to date and valid. An immigration officer will decide whether to let you enter the country, based on the evidence you produce. If you do transfer your residence permit, the new residence permit may look different from your old stamp. The UK residence permit has replaced all former stamp and ink endorsements for permission to stay in this country for longer than 6 months. Applying from inside the UK We cannot transfer your residence permit to your new passport at passport control when you enter the UK. If you can prove that you are entitled to live here, the immigration officer at your port of entry will put a date stamp in your new passport. You must then send us an application form asking us to place a residence permit in your new passport. You must be in the UK when you make this application. If the residence permit in your old passport says that you have permission to settle permanentlyin the UK (called ‘indefinite leave to remain’), you must apply for a ‘no time limit’ (NTL) stamp using form NTL. If the residence permit in your old passport says that you have permission to be in the UK for a limited period(called ‘limited leave to remain’), you must apply for a ‘transfer of conditions’ (TOC) stamp using form TOC. Applying from outside the UK You can also apply to transfer your visa to a new passport while you are outside the UK for a fee. PLEASE NOTE In addition to completing the required form you must also submit a few required documents in order to transfer your visa or BRP card otherwise your application will fall for refusal. You can consult Imperial Visas advisers today to find out more about the required documents, timeline and everything else that we can do to speed and make this application successful.
Benefits of a UK Immigration/Visa Appeal: Increases the chances of the visa being granted Is often cheaper than making a brand new application You have the chance to explain your case to a judge in person You will be referred to and represented by an experienced barrister and solicitor who will prepare your process of appeal and defend your case. NEED HELP WITH YOUR VISA APPEAL? CALL IMPERIAL VISAS ON +44 (0)20 3627 4777 Time Limits for visa appeals: It is very important that all appeals are lodged in time to the AIT. The time limits differ according to the circumstances of your visa appeal: Out of Country Refusal – 28 Days Appeal to Upper Tribunal – 5 days after refusal from FTT Imperial Visas is regulated at the highest level of OISC (Level 3) and we can make: Applications to the Home Office, including human rights applications and concessionary or discretionary applications Applications for Humanitarian Protection Representing clients in correspondence with the Home Office and at Home Office interviews Representations to the Home Office in support of visa appeal cases Drafting client statements, including asylum statements Submitting One-Stop Notices Lodging notices of visa appeal and statements of additional grounds Applications for temporary admission and Chief Immigration Officers bail Representations regarding on-going immigration casework to MPs Instruct a barrister or advocate for advice and to advise on drafting appropriate grounds of appeal, and submitting appeals to the Tribunal (and also instruct them to appear in the court if needed) NEED HELP WITH YOUR VISA APPEAL? CALL IMPERIAL VISAS ON +44 (0)20 3627 4777 Appeals Under Article 8 of ECHR: Right of Private & Family life The European Convention on Human Rights deals with a number of basic rights that are guaranteed to every individual irrespective of their religion, race, nationality or membership of a particular social group, who resides within the boundaries of the countries belonging to the Council of Europe The lists of fundamental human rights are enshrined in separate Articles of section 1 while other sections deal with the establishment of European Court of Human Rights and miscellaneous provisions. Article 8 deals with the right of private and family life of every person living within the premises of Europe and is more relevant in relation to the Immigration decisions taken by the public authorities of the member states. A. What does Article 8 of the European Convention on Human Rights state? 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. B. Who can claim right to live / remain in a member state on the basis of establishment of right of private & family life? Any person, who has established his private and family life successfully in the UK and can provide evidence to that effect, can claim right to remain in the UK. The person can be: 1. An over stayer 2. Illegal entrant 3. Failed asylum seeker 4. Anyone having no claim under the Immigration rules or EEA regulations to live and remain here in the UK. C. Criteria for assessing a valid claim under Article 8 A family life can be established in the following relationships: 1. Close family relations Husband / wife or Civil Partnerships Unmarried and Same sex Partners (there is no requirement for them to have at least 2 years of relationship as they are required to do so to qualify under the Immigration rules). Parent / Child / Adopted Child 2. Wider Family relations Grandparents/ Grandchildren Uncles / Aunts Nephews / Nieces Adult Siblings Parents / Adult Children Foster Families The Home office normally uses a five-step criteria in order to assess whether the applicant has established his Private or family life in the UK. If the applicant can address the above-mentioned issues separately by providing directly or indirectly relevant documentary evidences in his support and that makes his case “truly exceptional”, only then he may be granted leave to remain in the UK. Has the applicant established family or private life in the UK Will visa refusal / removal interfere with that family life – are there insurmountable obstacles to the family enjoying family life elsewhere If there is interference with family life, is it in accordance with the law Is the interference in pursuit of one of the permissible aims set out under Article 8(2) Is the interference proportionate to the permissible aim NEED HELP WITH YOUR VISA APPEAL? CALL US ON +44(0)20 3627 4777 There are some factors that may be taken into account in assessing “truly exceptional” circumstances of an individual. Some of them are: Applicant`s ties with his country of origin Family members` ties with the UK Are there any health or other welfare issues involved? Availability of entry clearance facilities in the country of origin Has there been a delay in determining an earlier immigration application? Would there be any effects on the family living in the UK of the removal of the applicant? Nature of relationship Are there any minor children in the relationship? Frequency of contact with the relatives Is there any dependency involved in the relationship? Applicant s and his family members countries of nationality & immigration status. The list is not exhaustive and some other factors that may be considered as relevant in some appeals can be totally irrelevant in other visa appeals. The threshold is however very high and difficult to achieve unless there are genuinely “truly and exceptional” circumstances existing. The House of Lords has set an example of such cases in a starred case it was held that: “In order to rely upon a foreign breach of ECHR articles other than Article 3, a claimant would have to show that he would risk suffering a “flagrant denial or gross violation” of such rights in the receiving state” . D. Conclusion On the face of it, Article 8 may appear to be another reason to stay in the UK on the basis of establishment of private and family life in the UK, but in fact it is only in “truly and exceptional” cases that applicants are permitted to remain in the country. E. Current Position on Human Rights: The current stage in 2014 the following are demed authorituies of cases: The maintenance requirements of E-LTRP.3.1-3.2 stand, although Blake J in R (on the application of MM) v Secretary of State for the Home Department said that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together; he suggested that an appropriate figure may be around £13,400, and highlighted the position of young people and low wage earners caught by the higher figure in the rules; (b) after applying the requirements of the Rules, only if there may be arguably good grounds for granting leave to remain outside them is it necessary for Article 8 purposes to go on to consider whether there are compelling circumstances not sufficiently recognised under them: R (on the application of) Nagre v Secretary of State for the Home Department; (c) the term “insurmountable obstacles” in provisions such as Section EX.1 are not obstacles which are impossible to surmount: MF (Article 8 – new rules) Nigeria ; Izuazu (Article 8 – new rules) ; they concern the practical possibilities of relocation. In the absence of such insurmountable obstacles, it is necessary to show other non-standard and particular features demonstrating that removal will be unjustifiably harsh: Nagre. The Secretary of State addressed the Article 8 family aspects of the respondent’s position through the Rules, in particular EX1, and the private life aspects through paragraph 276ADE. The judge should have done likewise, also paying attention to the Guidance. Thus the judge should have considered the Secretary of State’s conclusion under EX.1 that there were no insurmountable obstacles preventing the continuation of the family life outside the UK. Only if there were arguably good grounds for granting leave to remain outside the rules was it necessary for him for Article 8 purposes to go on to consider whether there were compelling circumstances not sufficiently recognised under the Rules.
The general principle applied to Article 8 and Article 3 cases is that a person cannot avoid return on the basis that they require medical, social or other form of assistance being provided in the UK. The improvement or stabilisation in an applicant’s medical condition resulting from treatment in the UK and the prospect of serious or fatal relapse on expulsion will not in themselves render expulsion inhuman treatment contrary to Article 3. However, proof of these documents will always be required to be submitted to the UK Home Office if seeking to remain in the UK on the basis of Article 8. The threshold set by Article 3 is therefore a high one. It is “whether the applicant’s illness has reached such a critical stage (i.e. he is dying) that it would be inhuman treatment to deprive him of the care which he is currently receiving and send him home to an early death unless there is care available there to enable him to meet that fate with dignity” from the case of N (FC) v SSHD [2005] UKHL31. To meet the very high Article 3 threshold, therefore, an applicant will need to show exceptional circumstances that prevent return, namely that there are compelling humanitarian considerations, such as the applicant being in the final stages of a terminal illness without prospect of medical care or family support on return, however proof of these documents will always be required to be submitted to the UK Home Office. This category applies to asylum and non-asylum cases. Discretionary Leave may be appropriate where the breach would not give rise to a grant of Humanitarian Protection but where return would result in a flagrant denial of the right in question in the person’s country of origin in such cases reports will be required from place of origin of the person and documents will only be acceptable from credible sources in such cases. Exceptional circumstances A grant of Discretionary Leave may be appropriate in cases under Paragraph 353B of the Immigration Rules. This applies in Article 8 immigration cases where there are further submissions to be considered, but also where there are no outstanding further submissions, appeal rights are exhausted and the case is subject to a review the decision has also exhausted. UK Home Office carefully considers whether a grant of leave would now be appropriate which is based on the evidence provided to them.
Your immigration past does not have to define your future in the UK. If you have overstayed, breached your visa conditions, had an application refused, or worked without permission, it can feel as though every door is closed. In many cases, there is still a lawful route forward, but the rules are strict and the wrong application can make things worse. At Imperial Visas, our immigration lawyers review your full history, explain exactly how it affects your options, and build a clear strategy before you apply. How we can help: - Advising on whether you can switch from your current visa to a different category from inside the UK - Assessing the impact of overstaying, breaching visa conditions or working without permission - Reviewing previous refusals, deportation or removal history and the risks they carry - Addressing the General Grounds for Refusal and how to overcome them - Preparing strong applications with clear explanations and supporting evidence - Advising on applying from outside the UK where switching is not possible - Supporting you with appeals, administrative review or a fresh application where appropriate Why choose Imperial Visas: - Honest, practical advice with no false promises - A careful review of your case before any application is submitted - Clear communication at every stage - Experienced UK immigration lawyers who handle complex and sensitive cases Every case is different, and early advice can protect your options. Contact Imperial Visas today to discuss your situation in confidence.
If you want to sponsor foreign workers, you will first need to apply to become a sponsor with UK Visas and Immigration (UKVI). An estimate of how many Certificates of Sponsorship you will need (one for each position that is open to foreign workers) would need to be confirmed. We work with businesses across the UK to help them find the international talent they require. As part of the process, UKVI will conduct checks on your company to ensure that you aren’t likely to contravene UK immigration law, and that you are a suitable sponsor based on past conduct. Your company is then given a score rating which defines how many people you can sponsor, and how easily you can do so. Employing Foreign Nationals and Your Obligations as an Employer If you are thinking about employing foreign nationals, there are pros and cons that you should consider to make sure that you get the best out of your new employees and that you make the right decision for your business. It is also vital that you keep up to date with current legislation, as it is a criminal offence to employ someone who is not entitled to work in the UK. Therefore, you need to know how to check the legal status of your current employees if you are unsure about them, and ensure you check the status of any new employees during the recruitment process. Our guide will help you through your decision making process and will help you make the right choices for your team and your company. Pros and cons What are the advantages of employing foreign nationals? They may give you access to skill sets that aren’t available in your area. By hiring foreign nationals, you could find the right people for your business’s needs, plus they may also help the UK speed up its rise out of recession. For example, UK digital technology is a booming industry, attracting investment and continually creating new jobs. It needs to attract the best international talent in order to grow the digital technology industry and the UK economy. However, there may be downsides to employing those from abroad. If English is the employee’s second language, there may be a language barrier, and they may not grasp business jargon easily or have trouble with understanding British slang. Foreign nationals need to be able to communicate with both the written and spoken word; sometimes they are not able to pass written assessments which can delay or prevent them getting permanent opportunities. You also have to ensure you are complying with the laws that govern employing foreign nationals; both fines and jail sentences can be given should you employ someone not entitled to work in the UK. Recruiting Always ensure you check all applicants are entitled to work in the UK when recruiting. It is an offence to employ someone aged 16 or over who does not have the right to work in the UK or the right to do the type of work you are offering under the Immigration, Asylum and Nationality Act 2006. We can assist you by encuring that you are complying with the UK Immigration Law. During recruitment it is very important to avoid race discrimination. Employers must not discriminate against foreign national applicants or dismiss their application on account of their race, as they may well be entitled to work in the UK. If foreign nationals have been turned down for a job role in the UK, they are entitled to bring a discrimination claim in the same way that UK citizens are able to. Avoid this by following the same recruitment procedures you follow for foreign nationals as you would for UK applicants; it is possible to request the information you require to prove their immigration status early in the process. Should your successful applicant be a foreign national without permission to work in the UK, it could be possible to sponsor a prospective employee as an alternative to help them getting the necessary permission to work in the UK. Put policies in place Your company policy should include checks to ensure you check the immigration status of any prospective employees, regardless of where they are from. All potential employees should be asked for original documents that prove they are entitled to work in the UK, and you should check that details are correct, photographs match the employees’ appearance and that no dates have expired. Take a copy for your records and file them carefully.The contract of employment should include a clause that states that the employee must keep the employer updated with information that may affect their immigration status. It should also allow the employer to terminate a foreign national’s employment immediately if there is a change in their status (usually without notice or any sort of compensation due to the breach of contract). Know the penalties The law gives employers a statutory defence against conviction for employing an illegal worker if they can prove they asked for and copied the necessary documents from the employee. However, if you knowingly hire illegal workers and you are in breach of the law, you may be liable to pay a civil penalty of up to £20,000 per worker (this increased from £10,000 on 6th April 2014) – this includes students with expired visas and those who are only on a visitor’s visa. You may also receive a jail sentence of up to two years. European nationals Foreign nationals from the European Economic Area (EEA) countries and Switzerland (and, since January 2014, Bulgaria and Romania) are able to live and work in the UK without any restrictions. Regular checks Checks should be made on all prospective employees to check their right to work in the UK, not just on those who appear to be of non-British descent; failing to do this may attract discrimination claims. If a foreign national’s permission has expired, or is about to expire and can’t be extended, an employer may have to dismiss them to avoid breaking the law. However, if they have made an application to extend it and the decision is pending, it is inadvisable to dismiss them as the employee may still have the right to work in the UK. The information provided in this article is of a general nature and we would always recommend that, if in doubt, you seek advice from our legal team by contacting us on the form below.
Sponsorship Licences are of 3 types Tier 2, 4 and 5 which are subdivided as following: Tier 2 (General) – for skilled workers Tier 2 (Intra company transfer) Tier 2 (Sportsperson) Tier 2 (Minister of religion) Tier 4 (General) for adult students Tier 4 (Child) Tier 5 (Temporary worker – Creative and sporting) Tier 5 (Temporary worker – Charity worker) Tier 5 (Temporary worker – Religious worker) Tier 5 (Temporary worker – International agreement) Tier 5 (Temporary worker – Government authorised exchange) In order to hire a worker from inside or outside the UK or EEA, Or to extended your workers/student’s stay in the UK, you need to have the sponsorship Licence – APPLYING FOR A SPONSORSHIP LICENCE You can apply for a sponsorship licence as a single body or as a number of branches, Franchises or if you have taken over a company. The documents requirement for each kind of company is different. Imperial Visas are expert in making sponsorship Licence applications we will provide you with the exact list of documents you need to make an application in a relevant category to receive a successful outcome. Sponsorship licences are valid for 4 years. Once the sponsorship licence has been granted to the sponsor they need to request for certificates of sponsorship in relevant categories. What does a certificate of sponsorship entail? Possessing a certificate of sponsorship alone does guarantee approval for entering or staying in the UK. The applicant must also meet the requirements of the relevant tier or category. Applicants for the certificate of sponsorship who are already residing in the UK will need to be aware the effect their current immigration status may have on their application, in order to have expert advice contact Imperial Visas today. Certificate of sponsorship Certificate of sponsorships are divided into 2 categories: Restricted Certificate of Sponsorship: These are mainly provided to individuals coming from outside the UK and the numbers of these certificates are renewed every year by the UK Border Agency on 6 April. In order to get a certificate of sponsorship the sponsors are required to place an advertisement for 28 days period in specified websites and places identified by the Codes of Practice for Skilled Workers, every code has different requirements to be met in terms of advertisement, salary and hours. For professional assistance with regard to the codes of practice contact Imperial Visas on 0203 627 4777. Unrestricted Certificate of sponsorship: These certificates are issued to the applicant who is already in the UK with an immigration status permitting them to switch into Tier 2 and 5 categories, for information on the categories and permission with regard to switching you can contact Imperial Visas today. Validity of Certificate of Sponsorship Any certificate of sponsorship is valid for a period of 3 months from the date of issue under a Tier 2 or Tier 5 visa. If the applicant no longer wishes to take the employment role, they will be required to contact their sponsor to withdraw from the offer. Once a Certificate of Sponsorship is issued, a sponsor is held fully responsible for the actions of the employee. Non-compliance of the rules may result in either the withdrawal of the certificate or demoting the sponsor to a lesser rank. Resident Labour Market Test The resident labour market test is required in order to satisfy the requirement of Home Office which confirms that there are no suitable candidates to fulfil the occupation. The advertisement is required to be advertised at Job Centre Plus and another website or newspaper approved by the Home Office. However if your potential employee is in the UK on Tier 4 or Tier 1 Post Study Work visa you will not be required to advertise the role. If you are based in Northern Ireland you will not be required to advertise the job in Job Centre plus if you are offering your employee a salary of £71600. The exemption applies to job roles being paid in excess of £153500.00. The resident labour market test is mandatory for all others except NHS employees. The advertisement should be put in a particular format, For professional assistance with regard to the codes of practice contact Imperial Visas on 0203 627 4777. Salary and allowances From April 2014 you will be required to pay a minimum salary of £20500.00. However the salary must meet the Shortage occupation codes published by Home Office. The things which are taken into account are: a)Basic pay excluding any overtime. b) Allowances and any guaranteed bonuses. Allowances can include payments to cover extra costs of living whilst in the UK but cannot include: ▪ benefits such as overtime, bonus or incentive pay which is not guaranteed ▪ employer pension contributions ▪ allowances to cover business expenses including travel between the source country and the UK ▪ the value of any shares which the migrant receives when offered a job under an employee shareholder employment contract. c) Accommodation allowances, but only up to a maximum of 30% of the total gross salary and guaranteed allowances being paid to employee excluding accomodation allowances. After the Certificate of Sponsorship Once the Certificate of Sponsorship is allocated the applicant should make an application in the relevant category, please see the home page for relevant category you want to apply under. CONTACT IMPERIAL VISAS EXPERTS IN SPONSORSHIP LICENCE APPLICATIONS – 0203 627 4777
Imperial Visas can assist organisations either wishing to join or maintain their ratings on the UK Visas and Immigration Sponsor Management System. The services provided include initial assessments , and reviews to identify your businesses’ suitability to join and remain on the scheme. We will provide a detailed report and recommendations to ensure successful registration and maintain long term commitment to assisting your organisation remaining under the scheme. Upon satisfaction as to the organisations suitability as a sponsor, we will complete the online application with you in your offices . Upon registration our specialist advisors can assist your human resources departments in issuing Certificates of Sponsorship and maintaining satisfactory records and systems to comply with strict UKVI guidelines. In agreement with your organisation we can carry out additional ad hoc s/inspections to ensure your company maintains sufficient records and reporting procedures in order to maintain your sponsorship status.
To receive an Employer Sponsorship Licence , an organisation must nominate a person or persons to fill 3 specific roles within the immigration system in that company . Each of these roles will work to prevent illegal employment and maintain records for the Home Office database of migrant workers. One person can occupy all three roles, or the roles can be split between one, two or three different people. Some roles can be filled by a nominated legal representative outside of the organisation. The person or persons nominated for these roles must be based in the UK and must currently have a National Insurance Number. Sponsoring Employer Roles Authorising Officer: The Authorising Officer is a staff member of the organisation that wishes to employ migrant workers. The Authorising Officer is ultimately and fully responsible for the actions of the organisation as they relate to hiring migrant workers. The Authorising Officer should be given to a competent and senior person within the organisation. The Authorising Officer must be a permanent paid staff member of your organisation. The Authorising Officer cannot be a consultant, temporary employee, or person contracted for a specific project. A legal representative cannot be the Authorising Officer for an organisation. People who are undischarged bankrupt cannot act as an Authorising Officer for an organisation. Key Contact: The Key Contact acts as the primary point of contact between an organisation and the Home Office. The Home Office will contact the Key Contact in the event that they have any questions, need documentation, or encounter any other issues with the organisation’s hiring of migrants. You may nominate a legal representative from outside your company to act as your Key Contact. Level 1 User: The Level 1 User is responsible for using the Home Office Sponsorship Management System to conduct the day-to-day activities and record keeping relating to immigrants employed by the organisation. This day-to-day activity may include assigning sponsorship certificates to migrants, notifying the Home Office of any changes, reporting the activity of migrants and managing the administrative functions of the Sponsorship Management System. You may nominate a legal representative from outside of your company to act as your Level 1 User. An organisation may also appoint Level 2 Users to undertake simple day-to-day duties and maintain the Sponsorship Management System by assigning Certificates of Sponsorship to migrants and updating the Home Office of migrant activities. However, there must always be a Level 1 User. Legal Representatives Although the Authorising Officer is the ultimate responsibility and must be a permanent staff member, an organisation may nominate people outside of the organisation to act as the Key Contact, Level 1 or Level 2 users. In practice, this allows organisations without in-house expertise in migration law to contract out the day-to-day maintenance of their system to a qualified legal representative. Legal representatives must be based in the UK, and must be regulated by the Office of the Immigration Services Commissioner (OISC) , or exempt from the requirement, or otherwise compliant with the Immigration and Asylum Act of 1999. The employers are required to maintain the documents in the following manner The Authorising officer is responsible to maintain the documents for Home Office Visits. Copy of passports for all employees (only exception is if the employee has worked for one day or less) Copy of UK Biometric Card or UK Visa confirming permission to work Copy of National Insurance Card A history of employee’s contact details (address, telephone number, mobile telephone number) Record of employee’s absences (this may be kept manually or electronically) Copy of any contract of/for employment/service between company and employee (indicating start date and end dates, details of job or work, salary and name and signatures of the parties) Copy of qualifications and experience relevant to employee’s post Copies of payslips showing NI number, Tax codes, any allowances and deductions made Evidence of the amount and frequency of all salary payments made to each migrant, showing the transfer of each payment into the named migrant’s bank account or onto their pre-paid card, for example a FOREX card. (the employer can keep the bank statement copies to show payments have been made to employees) If an employee is receiving help in terms of accommodation or housing from the employer you must have evidence from the owner or letting agent for the property concerned which clearly states the value of the rent payable by you on the property Additional Documents if Applying via Tier 2 General Copy of any advertisement placed by the company (only relevant if applying under Tier 2 General) – The vacancy need to be advertised on Job Centre Plus and any relevant website/national newspaper Copies of all the CV’s shortlisted for interview providing details i.e. name, address, etc (including reasons for rejecting EEA and British Nationals
This section explains the document checks you should carry out to find out if a person has both the right to work in the UK and the right to carry out the type of working you are offering. This is a straightforward 3 step process that should form part of your recruitment and employment practices. This section also explains how to examine the documents, and how and when you should repeat these checks for people who have time limits on their right to work. By carrying out these checks you will ensure that you only employ people who are legally allowed to work for you, and you will also h ave an excuse against payment of a civil penalty if we find you are employing an illegal worker. The 3 step process There are 3 basic steps to conducting a right to work check. Remember three key words: Obtain Check Copy You will not have a statutory excuse if: you cannot provide a record of having conducted the document checks before recruitment; or during the employment in the case of repeat checks required on workers with a time limited immigration status; or you have accepted a document which clearly does not belong to the holder; or you have conducted a check and it is reasonably apparent that the document is false; or you have accepted a document which clearly shows that the person does not have permission to work in the UK and, or carry out the type of work you are offering. When given false documents If you are given a false document you will only be required to pay a civil penalty if it is reasonably apparent that it is false. The Home Office considers the falseness to be reasonably apparent if an individual, who is untrained in the identification of false documents, examining it carefully, but briefly, and without the use of technological aids, could reasonably be expected to realise that the document in question is not genuine. Equally, where a person presents a document and it is reasonably apparent that the person presenting the document is not the person referred to in that document, even if the document itself is genuine they you may be liable to prosecution for knowingly employing an illegal worker. You will not have an excuse against payment if you knew that the document, or documents, were false or did not rightfully belong to the holder. If someone gives you a false document or a genuine document that does not belong to them, then you should report the individual Home Office. When a person does not have the right to work in the UK If you have carried out these document checks and Found that the person you are looking to employ is not allowed to work, then you are allowed to refuse employment to them. It is up to the person seeking employment to prove to you that they have the right to do the work you are offering. If you are in doubt if you have carried the correct procedure and in order to justify or save yourself from committing a criminal act Imperial Visas can assist you in checking the documents for the foreign workers that you are employing to ensure that the individual concerned is entitled to work in the UK. We will cross check the individual’s details with the Home Office and will give you a written response for your assurance.
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