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25/03/2021

Top Reasons For ILR Refusal

Top Reasons For ILR refusal

In this post we will look at the top reasons for ILR refusal by the Home Office. Although this list is not exhaustive and there are many other reasons for refusal, these are the most common grounds.

Part 9 of the Immigration Rules discusses the grounds for refusal. Where an applicant does not meet the suitability requirements of the immigration route they are applying for, their application might fall for refusal under the Immigration Rules. 

The Secretary of State has outlined that decisions on suitability grounds are either mandatory or discretionary. For example, if an applicant meets some of the mandatory grounds for refusal, their application must be refused and if an applicant meets the discretionary grounds for refusal, their application may be refused. 

Below are mentioned Top Reasons For ILR Refusal. 

  1. Starting with a mandatory ground for refusal based on criminality grounds. Section 9.4.1 of the Immigration Rules part 9 state that an individual’s application must be refused if the applicant has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more, they are persistent offender or has committed a criminal offence, or offences, which caused serious harm. If an applicant’s presence is not conducive to the public good because of their character, conduct or they have been convicted of a serious criminal offence, their application for Indefinite Leave to Remain must be refused. 
  1. A discretionary ground for refusal is if the individual has made false representations, provided false documents, false information in support of their application or failed to disclose relevant facts in relation to their application. This refusal ground is stated in 9.7.1 of the Immigration Rules part 9. 
  1. Another discretionary ground for refusal is if an applicant fails to provide required information. If the applicant fails to provide a reasonable excuse to comply with a reasonable requirement, for example to attend an interview or provide further information to support their visa application, the Secretary of State may refuse applicant’s application to remain in the UK as mentioned in 9.9.1 of the Immigration Rules part 9. 
  1. Further discretionary ground for refusal is if an applicant has been involved in a sham marriage or sham civil partnership. The application may be refused if the applicant has entered or attempted to enter a sham marriage or sham civil partnership to evade immigration control as stated in 9.6.1 of the Immigration Rules part 9.
  1. Subsequent discretionary ground for refusal is if the applicant ceases to meet the requirements and criteria of the rules under which they are applying for as referred in 9.23.1 of the Immigration Rules part 9. 
  1. An application for permission to stay may be refused where the applicant has failed to pay charges to the NHS and the value of the outstanding charges is at least £500 as stated in 9.11.1 of the Immigration Rules part 9.

Now that you have learned the top reasons for refusal of an ILR application it is always advised to get professional help with your application. Considering the fee that is charged by the Home Office.

Health and Care Visa UK

Health and Care Visa UK

In this post we will explain about Health and Care Visa UK.

Healthcare in the UK has taken prime importance due to the unforeseen COVID-19 effects. This means many new job opportunities have also opened up and healthcare professionals are moving by the lots. If you belong to the healthcare profession then a Health and Care Worker Visa will allow you to come and work in the UK. Using this you can find an eligible job with the National Health Service directly, one of their suppliers or even in adult social care. More details about National Healthcare Service can be found here. (link: https://www.nhs.uk/)

Eligibility for this visa is pretty decent compared to other visa types. If you are a qualified doctor, nurse, health care or social care professional in general you can be eligible to come and work in the UK under the Health and Care Worker Visa. You must also be working in an eligible health or social care job. While it might be a bit easier owing to the low entry barrier for active professionals in the field, a Certificate of Sponsorship and information about your role has to be provided too. In addition, the employer must be approved by the Home Office and you must be paid a minimum salary based on your job role. This is a prerequisite for any kind of sponsored visa.

Being able to speak, read, write and understand the English Language is also very important for a Health and Care Worker Visa since most of the work revolves around human interaction. A conversational level competency will help you land jobs much faster over most other factors. Having a knack for developing meaningful working relations with people will also go a long way in boosting your prospects but is not necessary as a skill.

Anyone who is applying for a Health and Care Worker Visa should definitely talk to a professional consultant and enquire about all the available options before proceeding. You can arrange for a callback from one of our experts here.

If you think you don’t currently qualify for a Health and Care Worker Visa then use our knowledge repository here and find another visa type that helps you move to the UK gradually. Whatever the case, we wish you luck on your interesting journey to the UK ahead!

Sole Representative Visa

Sole Representative Visa

Sole Representative Visa


If you are an entrepreneur or work for a business who wishes to expand overseas then this is the best visa type you can come across. If you can convince your bosses to open a branch office in the UK and ask to represent your company here, you can gradually get British citizenship even! Keep reading to know more. 


When businesses wish to visit UK and test the markets without investing lot of fund, they can send one employee as a representative to the UK. This visa type is called The Sole Representative Visa. The employee becomes Representative of an Overseas Business and can visit the UK for 3 years from the date of issuing the visa. During this time they are expected to expand the business in the UK, hire local workers, approach clients and set up fully functioning branch office here in the UK. 

Given its economy, the United Kingdom is popular destination for businesses especially now after Brexit. This visa allows you to do exactly that along with hiring local staff and testing the markets.

Eligibility of the Representative:

He/She has been an employee for 12 months or more of the parent company
Is a senior level employee of the said company
Doesn’t have more than 50% ownership of the company they represent
Has authority as a decision maker in the company they represent
You can apply to come to the UK via this Visa if you are:
The sole representative of an overseas company planning to come to the UK as an employee of an overseas newspaper, news agency or broadcasting organisation

This visa can result in a national residency for the representative. If they sustain the business for 3 years and get a further extension of 2 years, they can apply for permanent residency after the completion of 5 years. And further extending this, after completing 6 years they can apply for a British citizenship.

To see if you can meet the requirements and get the best possible application filed why not request a FREE CALL back with one of our advisers?

How To Apply For An ILR Based On Domestic Violence

ILR Based On Domestic Violence

How to apply for an ILR based on domestic Violence

 

What is Domestic violence?

The Home Office defines domestic violence as ‘Any incident or pattern of incidents of controlling,
coercive or threatening behaviour, violence or abuse between those aged 16 or over who are, or
have been, intimate partners or family members regardless of gender or sexuality’. Some types of
domestic violence are listed below:

-emotional

-financial

-sexual

-psychological

-physical

 

To make a successful application for ILR Based On Domestic Violence route applicants must make sure they meet the below mentioned criteria:

 

  • Applicants must apply online using SET (DV) application form and make a valid application.
  • Applicants must be physically present in the UK.
  • Applicants must meet the suitability and eligibility criteria for this immigration route.
    Eligibility criteria set out in Appendix FM:
  • The applicant must be in the UK as a spouse or partner of a British national or someone who is
    present, settled in the UK with indefinite leave to remain. Applicants on fiancé (e), civil partner,
    student route visa or other limited leave status will not be eligible for this route.
    The applicant must provide supporting evidence to prove that their and their partner’s relationship
    has broken down permanently as a result of domestic abuse.
    Below is a non-exclusive list of supporting documents to prove domestic violence mentioned in the
    ‘Victims of domestic and abuse’ published guidance by the Home Office:
    -Criminal conviction
    -Police caution
    -Police report
    -Charging decision
    -A final order
    -Arrest
    -A letter from an organisation supporting victims of domestic violence
    -Medical report from a medical professional
    -Letter from the relevant authorities (social services/ welfare officers)
    -Documentation provide your domestic violence accounts (letters/ personal statements/witness
    statements/ photos/ recordings/ texts)
    Suitability criteria

The applicant’s character must not be conducive to the public good and their behaviour must not
relate to criminality or bad character.

Application fees and fee waivers

The current application fee for Indefinite Leave to Remain under Domestic Violence route using SET
(DV) application form is £2,389 per applicant.

If an applicant is financially unstable and unable to pay for their application, they can submit their
application without paying the set application fee if they are ‘destitute’ according to the Home
Office.

The Home Office provides clear guidance on who is classified as ‘destitute’:

  • Where applicants do not have enough money to support themselves
  • Where applicants cannot meet their essential living needs
  • Where applicants do not have adequate accommodation
  • Applicants with very low income
    The applicant must provide supporting evidence in the form of bank statements, utility bills, tenancy
    agreements, pay slips, local authority letters confirming financial support and other relevant
    documentation to prove that they have no means to pay the specified fee.
To see if you qualify and if you need speak to us in private and confidence please ask for a free call back by clicking on the button below.

You can find help on https://www.nationaldahelpline.org.uk/

 

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