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Reasons For ILR Refusal

Indefinite Leave to Remain (ILR) is a form of permanent residency for non-British nationals living in the UK. However, the status requires applicants to meet a set of stringent criteria – the ILR requirements – and the route is notorious for high refusal rates.

If your ILR application has been refused, you have a few options to challenge the decision. Let’s take a look at what those options are and how our immigration lawyers in London can help. 

Why has my ILR status been refused?

UKVI examines each and every visa and status application it receives, some with more scrutiny than others. For instance, the UK Spouse Visa also has a high bar for eligibility and, therefore, above-average refusal rates.

Likewise, the Home Office can reject your application based on general grounds for refusal. 

Your ILR could have been refused for a number of reasons, from insufficient evidence in your application to failure in meeting the ILR eligibility requirements. In some circumstances, you may be able to re-submit your application if you can rectify any mistakes that you have made.

The Home Office will usually provide a Letter of Refusal which may outline why you have been refused, or might simply state that you have been unsuccessful. 

It can be devastating to receive a Letter of Refusal due to many reasons for ILR refusal. However, there are steps you can take to appeal the decision. The good news is that it is unlikely you will be deported, providing your current permission (a UK visa) hasn’t expired.

What are the reasons for ILR refusal?

Generally speaking, you will need to pass the following requirements to be successful with your ILR application:

• Pass an English language test 
• Pass the Life in the UK test
• Prove you are of “good character” (I.e., that you have not broken any UK laws or breached any immigration rules) 
• Prove your absences have not exceeded 180 days in any 12-month period

Failure to meet the above requirements will likely result in a refusal. However, that’s not to say that you are prohibited from ever seeking ILR – you just might need to wait until you are eligible.

For example, if you were refused due to absences from the UK, you only need to wait until you have accumulated enough time living in the UK.

Similarly, if you were refused because you did not pass the English language test or Life in the UK test, you can re-sit these exams until you pass.

However, applicants usually fail to prove that they meet the requirements, even when they do. The form for ILR, SET (O), is extremely complicated to navigate alone, yet filling out any section with incorrect or false information can also result in a refusal. This includes:

• Submitting incomplete evidence
• Submitting false documents 
• Failure to attend interviews/questions relating to your application 
• Lack of sponsor to vouch on your behalf
• Lack of records regarding lawful residency and/or immigration history 

If you have a criminal conviction, it is important to note that convictions are not ‘spent’ in the eyes of immigration law in the UK. You must state your conviction and, in some cases, the Home Office may refuse your ILR application because of it on ‘good character’ grounds.

How do I appeal an ILR refusal? 

Fortunately, if your ILR application has been refused, you can usually appeal.

However, once you have written notice of your refused application, you have a very strict timeframe to act. If you wish to appeal, you only have 14 days from the date of the refusal to appeal if you are in the UK. If you’re outside the country, you have 28 days.

The appeals process is time-consuming and expensive, and you may need to challenge the Home Office’s decision at a tribunal hearing. Here, you can choose whether you want to hire an immigration lawyer to represent you, or if you would prefer to challenge it alone. The judge(s) examining your case are independent of the government and will make an impartial decision based on the facts and evidence of the case, but it can be complicated.

If the appeal route is not an option for you, you can apply for an administrative review instead which costs £80. Similarly, you must apply within 14 days. However, you are only able to do so in the event that you do not have the right to appeal in the first place. During this process, you are unable to apply for any other visa or status.

Finally, you can challenge the decision through a judicial review. This is extremely rare and is only available in certain circumstances. Technically, here you will be challenging UKVI itself and is therefore only advised if you have a strong case and solicitor to help you through it.

Why am I prohibited from appealing my ILR refusal? 

In some cases, you may be prohibited outright from even launching an appeal. If you have any gaps in your immigration history or if you have overstayed any visa permission while in the UK, it is highly likely you will be refused and barred from appealing the decision. 

In such circumstances, you may need to wait a few more years until you can seek ILR status again. Take a look at our guide on the 10-year route to settlement and get in touch with our immigration lawyers if you wish to enquire about this route instead. 

How can an immigration lawyer help? 

By hiring an immigration lawyer to assist with your ILR application, you can safeguard yourself from a refusal as there are many reasons for ILR refusal. Indeed, a lawyer will ensure you meet all of the eligibility requirements and that your application is to the highest standard before you even submit it.

However, if you have submitted an ILR application already and have since received a visa refusal, you can either apply again from scratch, appeal the decision, and/or even take it to an administrative review.

Again, your immigration lawyer will be able to advise you on your next steps here as it may be in your best interests to simply start the application process again. 

If you need advice or guidance with your ILR application, our immigration lawyers here in London are on hand to help. Just give us a call on 0207 993 6762 to find out more about our bespoke ILR support packages.

Indefinite Leave to Remain: Calculating the Continuous Period in the UK

Indefinite Leave to Remain (ILR) is the status awarded to overseas nationals living in the UK who wish to live in the country without facing any more immigration restrictions. However, to be eligible, applicants must have accumulated a certain amount of time in the country. This is known as ‘continuous residency’ in the immigration rules.

Calculating continuous residency in the UK can be complicated, particularly if you have frequent or large gaps where you have been absent. For instance, you may be required to work overseas or you have been abroad for holidays. 

Let’s take a look at how you can calculate your own continuous residency – and what you need to do if you feel you may fall short of the stipulated time required.

What is continuous residence for ILR?

In order to be eligible for ILR and therefore settle in the UK permanently, applicants must have adhered to the immigration rules and lived lawfully in the UK for, usually, a period of five years. In some cases, applicants are able to seek ILR status in as little as three years, while others may be required to wait for longer.

Nevertheless, ILR applicants must prove that they have been present in the country throughout the duration of their residency. In other words, applicants must not have spent excessive time overseas in any qualifying period. Lengthy absences abroad could jeopardise your ILR application as it contradicts your intention to become a permanent resident of the UK.

What does the Appendix Continuous Residence 2020 guidance say?

New guidance was brought into effect as of 1 December 2020 – in line with the new post-Brexit immigration rules.

While the rules can vary from person to person, and from visa to visa, most will need to have accumulated five years of continuous residency in the country. And during these five years, applicants must not have spent more than 180 days outside of the UK during any 12-month period.

How is continuous residence broken?

An applicant will be deemed ineligible for ILR if they have spent more than 180 days outside of the UK in any given 1-year block. 

However, you can also breach continuous residency if:

• You have been convicted of an offence and sentenced to imprisonment
• You are subject to a deportation order
• You are placed in detention and marked for removal/deportation from the country 
• You have any periods where you overstayed your visa permission or any other gaps in your immigration history

What are the exceptions to ILR continuous residency?

Only in compelling circumstances are you able to override the rules around continuous residency. For instance, if you have been required overseas to care for a sick relative, to seek medical treatment yourself, for employment purposes or services to the crown, UKVI may waive the requirement for you.

If you were assisting an international humanitarian crisis, or you were caught in a conflict during your time abroad, this can also be waived for you so that your ILR is not jeopardised by forces outside of your control. Any disruption to your residency as a consequence of COVID-19 can also be considered.

You will need to explain in full detail why you have spent more than 180 days overseas to seek an exemption.

How to calculate continuous residence

As complicated as it may sound, you only need to work out how many days you have been absent from the country during the last five years from the date of your application.

You can retrace your steps by going through travel tickets and stamps in your passport.

It is important to note that absences are calculated on a rolling basis rather than in fixed blocks. Any days, weekends or fortnight trips abroad will all need to be calculated in each 12-month period to give an overall figure. 

You should also be mindful that this doesn’t mean from year to year: it doesn’t mean between January 2020 to January 2021, for example, it means the 12-months preceding the date of your application. This means you might have spent 180 days outside of the UK between October 2020 and April 2021 without breaching the rules as the absences can be split between two different 12-month blocks.

The good news is that you may not qualify for ILR on the basis of your residency by a few days, weeks or months. If so, you simply need to wait until you become eligible again (but be sure to check that you still have permission to remain in the UK while you do so).

Do you need an immigration lawyer to help with the ILR application?

If you need help calculating your continuous residence, or guidance with the ILR application itself, look no further than 1 Absolute Advisor.

Our immigration lawyers are OISC-certified and trained, meaning they are fully capable to assist you with any settlement application you desire and can even help you to reach the ILR requirements.

Get in touch with our friendly customer service team today to discuss your free ILR consultation by calling 0207 993 6762. Hope you have found this article on Indefinite Leave to Remain: Calculating the Continuous Period in the UK useful

Indefinite Leave to Remain Priority Service

Processing times for Indefinite Leave to Remain (ILR) can vary considerably, depending on where the
applicant is applying from and how busy UKVCAS is when it receives the application.

There may be delays with the application, too. For instance, if you make a mistake or if the Home
Office requires further information from you. In this case, UKVCAS may put your application on hold
– or outright refuse it if your application is significantly lacking in evidence.

In this blog, we’ll look at the advantages of the Indefinite Leave to Remain Priority Service and how
you can apply for this fast-track service.

How long is the ILR processing time?

To process most UK visa, status and nationality requests, the Home Office can take as long as 6
months to deliver its verdict. However, on average most people receive a response within 8 weeks (2
months).

It can take longer to process if UKVI has a backlog of applications to examine. Summer holiday
season where tourists flock to the UK is one of the busiest times of year for the Home Office, but
your application can also be delayed for many other reasons, such as if you are applying from
outside of the UK.

If your visa is due to expire soon, it is recommended that you seek a priority service to safeguard
yourself from any periods where you may be accidentally overstaying your visa permission. If
UKVCAS finds any gaps in your immigration history, such as instances where you may have
overstayed, your application is likely to be refused and possibly future applications will be denied,
too.

What is the difference between Indefinite Leave to Remain Priority Service and ILR Super Priority
Service?

The Super Priority Service is the fastest route for visa and ILR applicants. With this, you will receive a
decision in as little as 24 hours (by the end of the next working day), providing your appointment is
on a weekday. This service costs £800 alongside your ILR application admin fees.
Second to this is the standard Priority Service where your application will be decided on within 5
working days. This route costs £500 in addition to standard ILR costs and lawyer fees.

What are the benefits of the ILR priority service?

Where time pressures may be a factor, opting for a priority service is clearly beneficial. Your current
UK Visa may be due to expire in the next 6 months, or you need ILR status quickly for another
reason.

However, some people simply wish to secure ILR status as soon as they are able to do so. Providing
you have accumulated five years of continuous residency in the UK and you meet the ILR
requirements, you are eligible to seek this status.

Once you have ILR, you are finally free from immigration control – which means no more UK visa
renewals and Immigration Health Surcharge fees. In fact, ILR comes with a swathe of privileges and
benefits such as access to social housing and financial support.

Clearly, it is an enormous advantage to gain ILR status as soon as possible. After just 12 months
under this status, you can even switch to full UK citizenship.
So whether your visa is due to expire or you are eager to obtain ILR status, the priority service can be
a huge benefit.

How do I book for an ILR Premium Service?

You can book for a premium service with UKVCAS. You must pay the fees in advance when you
submit your application. Alternatively, your immigration lawyer can arrange a premium service appointment for you.
However, please note that 1 Absolute Advisor is not responsible for processing the visa itself and
cannot influence the decision or speed up the process any more so. Your visa outcome lies in the
hands of UKVI.You will need to book for a suitable appointment by checking for your nearest centre location and its
opening hours.

How else can I speed up the ILR application processing time?

To mitigate against lengthy processing delays, it is essential that you submit an accurate, honest and
detailed portfolio of supporting evidence.

Since ILR is a form of status and a step towards British citizenship, UKVI assesses each application
thoroughly. The Home Office wants to make sure that you are upstanding citizen with a
demonstrable history of good behaviour before it is willing to grant you ILR status.

It is therefore widely recommended that you hire an immigration lawyer to help with the application
itself. Your lawyer will be able to verify that you meet all of the ILR eligibility requirements and can
advise you on how best to proceed with your application.

At 1 Absolute Advisor, our immigration specialists can also help you with the application itself by
pooling together an airtight portfolio of supporting evidence. Our lawyers can even write a formal
letter to the Home Office that vouches for your good character to strengthen your case.

Speak to our immigration experts today by calling 0207 993 6762 to hear more about our custom ILR
packages and our own fast-track services.

British Citizenship Referee is an important part of your application. Applying for British citizenship can be a lengthy process. You need to satisfy the British citizenship requirements, ensure you meet the eligibility criteria and pass the Life in the UK test. But that’s not all you need to worry about: to naturalise as a British citizen you will also need to provide referees in your application.

Why are referees important for British Citizenship?

No matter which country you originate from, you will need to provide at least two referees to verify
your identity. Even UK-born citizens have to have referees when applying for their British passport.
It is unlikely your referees would jeopardise your application, but the Home Office may contact them
if the decision-maker has any concerns about you.

Who can be a British Citizenship Referee?

The second important thing to note is that not anyone can be a referee for your British citizenship
application.
Your two referees must:

• Be over age 25
• Work in a specific profession outlined by UKVI
• Hold a British passport
• Have known you for at least 3 years
• Be upstanding citizens – I.e., have not been convicted of an offence within the last 10 years
  With this criterion in mind, your referee cannot be a close friend, a relative or your lawyer. They
  must be someone you know in a professional capacity but who knows you well enough to confirm
  your identity – like your doctor or dentist.

Who constitutes as an ‘acceptable professional person’?

As mentioned above, your referees must be a professional person.
This includes but is not limited to:

• Accountants
• Bank or building society officials
• Barristers
• Chemists and most people in the medical profession like nurses and doctors
• Councillors, civil servants and Members of Parliament (MPs)
• Dentists
• Directors or managers
• Engineers
• Firefighters or fire service officials
• Journalists
• Minister of religion
• Armed Forces
• Opticians
• Post Office officials
• Pilots
• Salvation Army officer
• Social workers
• Solicitors and paralegals
• Teachers
  UKVI has a long list of professions it deems acceptable for referees, but if you’re not sure if your
  referee qualifies as a professional person, speak to your immigration lawyer for verification.

How do British Citizenship Referees verify my identity?

Referees must follow strict criteria when verifying your identity for British citizenship. They need to
provide information, including their:

• Full name
• Date of birth
• Profession
• British passport number
• Addresses over the past 3 years
• Contact details (phone number and email address)
  The referee is also required to outline how and in what capacity they know you. For instance, a
  teacher may know you through your child attending his or her school.
  Finally, the referee will need to provide a declaration that agrees the photograph is truly you and
  that the details provided in the application are correct.

Do you need help naturalising as a British citizen?

If you need assistance with the British citizenship application, contact our office today. Our
immigration lawyers are well-versed in UK nationality law, and know exactly what UKVI is looking for
in your application.

Ring us today on 0207 993 6762 for a free initial consultation on your case.

EU To British Citizenship

The UK’s decision to leave the European Union stipulates key changes to the immigration rules. At
the beginning of January 2021, a new points-based immigration system came into effect, requiring
all new EEA entrants into the country to apply for a UK Visa. Meanwhile, EU citizens already living in
the UK were able to apply for Settled Status.

As such there are numerous routes through which EEA nationals can apply for British Citizenship.

EU to British citizenship through Settled Status

Settled Status is the status granted to EEA nationals who have already lived in the UK for at least five
years up until 30 June 2021 and who have applied under the EU Settlement Scheme. Those who
have accumulated less than five years residency have instead been granted Pre-Settled Status.
The key to remember here is that Settled Status is a form of Indefinite Leave to Remain (ILR).
Similarly to ILR then, EU nationals with Settled Status can seek to apply for British Citizenship after
just 12 months.
You may also have to check that your home country in the EU permits Dual Citizenship.

EU to British citizenship by naturalisation

To naturalise as a British citizen, you must meet a set of specific criteria. The applicant generally
must:

• Be aged 18 over
• Prove English language ability
• Pass the Life in the UK test
• Meet the ‘continuous residency requirement’
• Have an intention to continue living in the UK
• Pass the ‘good character’ requirement
• Have Settled Status or Indefinite Leave to Remain or similar residency rights
  Up until the deadline (30 June), EU nationals with a permanent residence card were able to switch
  onto British citizenship with ease. However, it is no longer possible to apply for a permanent
  residence card – and holders must switch onto Settled Status instead.
  EU citizens can naturalise as a British citizen with their Settled Status, but there are different rules
  depending on the applicant’s circumstances.
  Married to a British citizen
  An EEA citizen with Settled Status and who is married to a British citizen does not need to wait 12
  months before applying for UK nationality.
  Another advantage of your married status includes relief from the five years continuous residency
  requirement. Instead, you can apply for British citizenship after just three years of continuous living
  in the UK.

Still, once you have obtained Settled Status you can switch immediately onto full British citizenship.

Not married to a British citizen

By contrast, an applicant who is not married to a British citizen must have accumulated five years of continuous residency on UK soil. In addition, you must live in the UK with Settled Status for 1 year before seeking citizenship. You are permitted to apply exactly 12 months from the date you received your Settled Status.

The British citizenship requirements

Just because you have EU Settled Status does not guarantee you will be awarded British citizenship.
You still need to meet the requirements, pass legal checks and pass the Life in the UK test.

If you need help with the British citizenship application, get in touch with our team of immigration
lawyers. Our OISC-certified solicitors specialise in British Nationality Law, meaning your case will be
handled by a legal advisor with the utmost professionalism. We can advise and even help you with
your citizenship application from start to finish.

Call us on 0207 993 6762 for a free discussion about your case with our friendly client care team.

Skilled Worker Visa Q&A

The Skilled Worker Visa replaced the Tier 2 Work Visa when the UK’s new points-based immigration system came into effect in January 2021. However, the new route shares many similarities to the Tier 2 Visa. Read on to learn more about the Skilled Worker Visa Q&A and its top 10 most asked questions by applicants.

1. What is the points-based system?

The UK government crafted a points-based immigration system whereby applicants can secure a UK Visa by scoring a certain number of points. This system is meant to be fairer as it allows for some degree of flexibility. 

Applicants can score points based on their education, salary, English language ability, skillset and if they are filling a position on the UK Shortage Occupation List. 

2.  How many points do I need for a Skilled Worker Visa?

For a Skilled Worker Visa, you will need to score a total of 70 points. This is compiled of 50 ’mandatory points’ and 20 ‘tradable points’.

3. How do I score ‘mandatory’ points for a UK Work Visa? 

As the mandatory category suggests, it is necessary that score these points as gaining these will depend whether or not you are eligible for the visa. 

You must gain the following points:

• 20 points for a job offer from an approved UK employer (your employer must have a Sponsor License to hire you)
• 20 points for working a job at an appropriate skill level
• 10 points for passing the English language test

4. What are ‘tradable’ points and how many do I need for the Skilled Worker Permit?

As for the tradable points, you can swap how and where you want to score the remaining 20 needed. You can score these points as follows:

• 20 points can be gained if you are offered a salary above £25,600
• 10 points can be given if you are offered a salary above £23,040
• 20 more points can be gained if you are filling a job on the Shortage Occupation List 
• 20 points are granted for PhD graduates in a STEM subject that is relevant to the job
• 10 points are awarded for PhD graduates in a non-STEM subject that is relevant to the job

5. What is the UK Shortage Occupation List?

The UK Shortage Occupation List (SOL) contains a list of job roles considered to be short of labour in the country. Because of the shortages in these sectors and professions, employers can bypass job advertising rules while overseas nationals can benefit from a visa discount if they can fill a position in shortage.

Workers in high demand such as doctors, engineers, scientists and IT specialists, to name just a few, may accumulate more points just based on their occupation code.

6. What is allowed and what is prohibited with a Skilled Worker Visa?

With a Skilled Worker Visa, there are some rules and regulations which you must adhere to. You cannot change your job or your employer without re-applying for a new work permit. This is because the Skilled Worker Visa was awarded to you under the condition that you continue to work for the employer that sponsored your visa.

You can, however, work on a voluntary basis or carry out an additional job if you seek permission from UKVI.

You are also permitted to bring existing family members with you to the UK including your partner and children, but they will need to apply for a Dependent Visa.

7. What is the income requirement of the Skilled Worker Visa?

The financial requirement of the UK Work Visa is far more flexible than it used to be under Tier 2 rules. Before the rule change, overseas nationals had to earn a minimum of £30,000 to be eligible for this type of permit. Now, however, skilled workers can be offered a visa on a much lower salary.

The salary requirement depends on your specific occupation code. Most people will need to earn at least £26,600 per year, unless the ‘going rate’ of the occupation code is higher. 

In some cases, applicants can be awarded a visa with a salary of no less than £20,480. Here, applicants will not gain points for their salary but they can accumulate the points from elsewhere and through a combination of methods. For instance, if they are a ‘new entrant’ to the UK workforce or if they are offered a job on the Shortage Occupation List.

8. How much does a Skilled Worker Visa cost?

The cost of the visa itself depends on your individual circumstances such as where you’re applying from, how long your visa needs to last and whether your job is on the UK Shortage Occupation List. 

For a 3-year Skilled Worker Visa, you will need to pay £610 if you submit your application outside of the UK. From inside the country, it costs £704. Applicants eligible for a role through the Shortage Occupation List only need to pay £464 for a 3-year work visa.

However, there are additional costs that apply to all visa applicants such as the Immigration Health Surcharge which permits access to healthcare in the UK. You may also decide to hire an immigration lawyer or opt for a fast-track priority service which can vary in cost.

9. How do I check if my prospective employer has a Sponsor License? 

The Home Office publishes an Approved Sponsors Register where you can search for your prospective employer. 

In addition, your employer must provide you with a Certificate of Sponsorship (CoS) as will need to submit this in your Work Visa application.

10. How to seek settlement

Generally speaking, once you have accrued five years continuous residency in the UK, you will be eligible to apply for settlement (Indefinite Leave to Remain). You can accumulate these five years from across different visas, but it is important to note that only some visas count towards residency. Temporary visas such as the Visit Visa do not count.

How can your immigration lawyers help me?

Hope you have enjoyed reading our post on Skilled Worker Visa Q&A. All our immigration specialists here at Absolute Advisor are OISC certified and therefore legally trained to advise Skilled Worker Visa applicants. With decades of experience, our immigration lawyers can make all the difference between success with your application and a visa refusal.

Top 10 Mistakes to Avoid with Your Spouse Visa Application

The UK Spouse Visa application is notoriously difficult to navigate, partly due to the hefty and lengthy Spouse Visa requirements and the portfolio aspect of the application itself.

The application is well known for its complexity. It can be a huge burden for anyone attempting to navigate through the application process alone, and those who do try without professional support are more likely to fall victim to tedious mistakes. 

Furthermore, UKVI and the immigration officers in charge of assessing each Spouse Visa application exert little leeway when it comes to errors. These decision-makers are tasked with scrutinising each Spouse Visa application it receives. As such, even the most minor errors can result in an outright visa refusal. From there, applicants can either appeal, seek an administrative review or start the process all over again – not to mention that the Home Office does not issue refunds for failed applications.

Our immigration lawyers here at 1 Absolute Advisor have compiled the Top 10 Mistakes to Avoid with Your Spouse Visa Application. Read on to learn more about how you can protect yourself – and your wallet – from a costly visa refusal.

1. Satisfying the ‘genuine relationship’ test

Arguably the highest hurdle of the Spouse Visa application is passing the ‘genuine relationship’ test. This test is largely subjective as an immigration official will assess not only your application, but the legitimacy and sincerity of your relationship. You must prove to the caseworker that your relationship is ‘genuine and subsisting’.

UKVI takes this aspect of the application very seriously. The UK Government is cracking down on so-called ‘sham marriages’ and ‘marriages of convenience’ where fraudsters marry for visa privileges. 

Yet there is no set guidance on how to pass the ‘genuine relationship’ test. Your immigration lawyer might advise you to gather evidence of your relationship from the day you met to the current day and map out a timeline. Photographs together, travel tickets, your marriage certificate, holidays taken together and any gifts bought for one another could all be included in your application as proof of your sincerity. Letters from family and friends may also be considered.

2. The financial requirement 

A second common mistake applicants make is proving that they meet the Spouse Visa financial requirements.

The sponsor of the visa (the partner who is settled in the UK) must earn at least £18,600 per annum, which is known as the ‘Minimum Income Threshold’. This can be met through a combination of ways, including:

• Income from employment
• Non-employment income (like rental income)
• Savings
• Pension 
• Self-employment income
• Some benefits 
• Maternity pay

But applicants can fall short of submitting all the necessary documents. 

It is also common for applicants to miscalculate their finances, particularly if he/she earns below the minimum income threshold.

3. Unoriginal and unofficial copies

Visa applicants more generally tend to make the mistake of sending unoriginal or unofficial copies of documents. And while the Home Office changed its position in 2018 to permit photocopies, there are still some instances where applicants need to submit the original document. 

For Spouse Visa applicants, the original passports belonging to the couple will need to be shown as proof of their identity, but most other documents can be scanned.

However, bank statements and payslips that are submitted to satisfy the financial requirement need to be official with headed stationary and the bank or company logo on every page. These statements must also be recent – no more than 28 days old from the day it is received. 

4. Incorrect or incomplete statements 

Since the Spouse Visa application has such high criteria, there is little room for error. The application must be concrete and coherent for the caseworker to make a fair verdict.

Any documents or statements that are incorrect or incomplete will be rejected by UKVI. The decision-maker will spot any signs of inconsistency or gaps in your application. If you lie or provide misleading information, the Home Office may even flag your application as deceptive, so it’s always best to be honest and full with your answers.

If evidence becomes outdated or invalid by the time it reaches the Home Office, UKVI does grant applicants the opportunity to rectify the error. However, applicants have only 10 days to supply the correct information.

Either way, submitting incorrect or incomplete forms is bound to delay the Spouse Visa processing time, so double check your application. You can even hire an immigration lawyer for a thorough document-check. 

5. Insufficient evidence – or too much 

Failing to prove that you meet the Spouse Visa criteria with sufficient evidence is another area where applicants tend to go wrong. 

The Spouse Visa requirements are long, and you must prove that you can meet every single one with confidence. Your visa may be delayed or refused if you provide insufficient evidence.

On the other hand, while most of this guidance suggests the Married Partner Visa demands a plethora of evidence, there is also a risk of submitting too much information. Unnecessary additional information may cast a doubt over the sincerity of your application – and the caseworker will take even longer to read through it.

To mitigate against a delay or visa refusal, make sure to create a portfolio of evidence that answers all the questions, requirements and criteria succinctly and in few documents.

6. Sitting the wrong English language test or letting it expire

A key component of the UK Married Partner Visa application is the English language test, referred to as the ‘Secure English Language Test’ (SELT). The SELT is necessary for overseas applicants to prove that they can communicate and understand English to a certain degree. Yet applicants either sit the wrong test or their certificate expires before they apply for a visa.

While there are many centres offering English language courses and examinations, only few SELT providers are approved by UKVI. This means the applicant may need to travel to the appropriate test centre, as well as pass at least level A1.

The Home Office states applicants can only take a SELT test with one of the following providers:

• IELTS Selt Consortium
• LanguageCert
• Pearson
• Trinity College London
• PSI Services (UK) LTD

It is also important to note that the SELT certificate can be no older than two years old when applying for a Spouse Visa. If your certificate has expired, you will need to re-sit the test and submit your new certificate in your visa application.

7. Translation

All official documentation in the Spouse Visa application has to translated into English or Welsh (depending on where you plan on living). This may mean you need to pay a translation fee, too.

Applicants often slip up here by failing to get their documents translated in full by a verified translator.

8. Applying as a visitor

The Visitor Visa is one of a handful of UK visas where applicants are unable to switch or amend their immigration status. Visitors are permitted entry into the country for visiting, family or tourism purposes only. 

For marriage, applicants can either apply for a Marriage Visitor Visa or a Fiancé Visa. The former permits overseas nationals to enter the UK for 6 months to give notice of marriage, after which they must leave the country, while the Fiancée Visa allows holders to switch onto a Spouse Visa to remain in Britain after tying the knot. 

Therefore, visitors are unable to switch onto a Spouse Visa as a key condition of the visit permit is that they leave the UK once the visa expires.

9. Letters

Letters and written statements are encouraged by UKVI as it gives the caseworker some context to the documents that you have supplied. 

You may already need your manager to provide an ‘employee’s letter’ as proof of your employment and salary – but you should also consider writing your own declaration. Your statement could assist in meeting the ‘genuine relationship’ requirement as you could outline your plans for the future when living with your married spouse in the UK.

Although letters aren’t compulsory, it may be the final piece of the puzzle that UKVI considers when making its decision. 

10.  Attempting the application alone

Now that you know the Top 10 Mistakes to Avoid with Your Spouse Visa Application.Finally, the most common mistake that failed Spouse Visa applicants make is attempting the application alone.

Most visas on the UK’s points-based immigration system and its tiered system are complicated to navigate, and the Spouse Visa has gained notoriety for being the most complex of them all.

The best way to mitigate against the vast majority of these mistakes is to hire an OISC-certified immigration lawyer. Having a professional pair of eyes examine your visa application can make all the difference between a stamp of approval – or a stamp of rejection.

If you need help meeting the Spouse Visa requirements, speak to our immigration lawyers in London today. Our Spouse Visa specialists can help you to tackle the application, or simply provide a document-check. Call us today to find out how our team can help you on 0207 993 6762.

UK Student Visa New Rules 2021 : What is the cost for university students and how to apply 

With September now looming just beyond the horizon, there will be many last-minute applications submitted by those wishing to study a course in one of Britain’s universities through clearing. But for international students, they will also need to apply for a student visa formerly known as Tier 4 Student Visa too, which isn’t always straightforward or cheap.

Read on to learn about the Student Visa requirements, how much the Student Visa costs and how you can apply. 

About the UK Student Visa New Rules 2021

If you are planning to travel from your home country to study in the UK, you need to apply for a Student Visa. Your visa will cover you for the entire duration of your course and for a maximum of 5 years. You are able to extend your Student Visa if you need to.

To be successful in your visa application, you must already have accepted an offer to study in one of the UK’s academic institutions. This is important because your university will ‘sponsor’ your visa, essentially endorsing your application. However, please note that ‘sponsorship’ does not mean your university will pay for your Student Visa: it will merely validate your visa application.

Fortunately, beyond obtaining a Certificate of Acceptance CAS from your university, you won’t need to submit much else in your visa application. You’ll only need proof of your identity (such as your passport), evidence of your finances and proof of payment for your visa and surrounding fees.

Financial requirements 

As an international student, you are unable to apply for benefits or Student Finance, which is the loans company that assists British students with their tuition fees and maintenance. 

As a result, you will need to prove that you can afford to live in the UK independently without state support throughout the duration of your course. 

Generally speaking, you will need £1,023 per month for up to 9 months for any course undertaken outside of London. Meanwhile inside the capital, you will need £1,334 saved per each month of residency up to 9 months.

This means that in addition to your Student Visa fees, you will also need substantial savings that will last you the entire 9 months of the academic year and per each year you intend on living in the UK.

Who needs to pay for a Student Visa?

You will need to pay for your visa if you originate from overseas, including EEA citizens. Universities do not pay this fee for prospective students, though you can apply for scholarships and bursaries depending on your chosen place of study.

It is important to stress that the Student Visa is not just for university students, it is also applicable to international students who are looking to study in a UK school, college or other academic setting. 

The Student Visa fees are as follows:

• £348 to apply while outside the UK
• £475 to switch onto a Student Visa while already in the UK
• £470 per each year of study for the Immigration Health Surcharge

1 Absolute Adviser – immigration lawyers in London

If you need professional guidance and support with your Student Visa, speak to our immigration lawyers in London today. Here at 1 Absolute Advisor, we can help you with your Student Visa application from start to finish, so ring us for a free consultation on 0207 993 6762 today.

Spouse Visa UK: What is a ‘sham marriage’?

The UK Spouse Visa is notorious for high refusal rates and unprecedented speculation on behalf of
the Home Office. Immigration enforcement has gate-crashed weddings and generally invaded
people’s personal lives when investigating so-called ‘sham marriages’.
But what is a sham marriage and why is it relevant to Spouse Visa applicants?

A sham or a scam?

The first point to consider is that the UK Spouse Visa rules dictate the applicants must be in a
genuine, long-lasting relationship. As a result of this requirement, UKVI will dig deeply into your
relationship to establish its sincerity. If, for any reason, the decision-maker perceives the relationship
to be a ‘sham’, it will result in a visa refusal.

The definition of a sham marriage is one in which a couple chooses to marry for the sole purpose of
an immigration advantage. Indeed, a UK Spouse Visa will allow any non-British individual to move to
the UK and seek settlement after a mere five years. Seeking a Spouse Visa when you’re not really the
spouse of a British national is considered a direct abuse of the immigration rules. If the couple are
not genuinely together, UKVI will consider the relationship fraudulent and the application itself
deceptive. You may even be banned for a certain amount of time from applying again.

Similar to a sham marriage, however, is a ‘marriage of convenience’. Here the couple may genuinely
be together, but decide to marry for the purpose of a visa. This is much harder for UKVI to prove, but
nonetheless stresses how crucial it is to hire an immigration professional: you wouldn’t want to slip
up casually that you had planned to marry for visa purposes.

Through the eyes of UKVI, sham marriages and marriages of convenience are virtually the same.
Therefore, applicants must be vigilant when it comes to proving that they are in a genuine
relationship.

How to pass the ‘genuine relationship’ test

Part and parcel of proving to the UK Government that the relationship is real involves submitting
evidence of having met at least once, proof of a legally binding marriage (with a certificate) and a
declaration that the couple intends to live together under the same roof in the UK. To build a
compelling case, applicants may submit years of evidence of their relationship such as travel tickets
and holidays taken together, text message exchanges and photographs together.
It is important to note that even having children and being married will not guarantee a successful
Spouse Visa application.

How can 1 Absolute Advisor help?

Our immigration lawyers in London are well versed in the UK Spouse Visa rules. We know exactly
what UKVI is looking for when it assesses your relationship and how you can prove you are genuinely
together. Don’t be a victim of UK Spouse Visa Sham Marriage

By hiring an immigration professional, you can mitigate against the high risk of a visa refusal. We will
even help you to build a compelling portfolio of supporting evidence which documents your
relationship from the day you first met.

If you need help with your Spouse Visa UK application, get in touch with 1 Absolute Advisor today on
0207 993 6762.

Are you looking for an Immigration Lawyer In Watford who can assist you with your UK Visa Application.

Immigrating to the UK, whether temporarily or permanently, can be a difficult and costly procedure for individuals who want to do so. Like most immigration departments the UK Home Office state that foreign nationals are not obliged to hire immigration lawyers to complete their immigration paperwork, this does not imply that you should do it on their own. Because of the complexities of immigration rules and the significance of each immigration case, you must hire an immigration lawyer to help you through the process.

Our Immigration Lawyer in Watford can help you great deal be it a visit visa or a spouse visa or if you wish to apply for British Citizenship.

We offer you affordable and reliable services starting from a consultation to filing your application with the Home Office. We make the entire process easy and stress free. It starts with a friendly phone call where our advisers will understand your case and make an assessment. You will then be told about the merits of your case. You can engage in one of our three service option.

Option 1: Consultation Advice. This is normally done via a zoom video call where we will advice you about your case and how best to make an application.

Option 2: Review Service. This will include a thorough review of your application and supporting documents that you have included in your application. This will ensure that you are able to file this application yourself with confidence.

Option 3: Full Service. We file the application on your behalf and represent you until you get your visa. This is the most comprehensive service.

If you are looking for a reliable, affordable and friendly immigration lawyer call us today 0207 993 6762 or simply fill in a free call back form.

UK Spouse Visa From Pakistan

If you’re a Pakistani resident with a British spouse who is either a British citizen or has indefinite permission to stay in the UK, you’re probably looking for how to apply for a spouse visa to join or stay with your partner.

The Home Office handles these applications under the Immigration Rules. “Appendix FM” (FM refers to family members) and “Appendix FM SE” (SE refers to specified evidence) are the sections of the Rules that applicants must traverse.

The regulations are not simple to comprehend. For example, paragraphs are not numbered but are tagged with acronyms, rules relate to other laws in other sections, and paragraph and sentence structures do not always seem to make any sense.

In this article, we aim to shed some light on the criteria that must be fulfilled when applying for a UK spouse visa from Pakistan.

Step 1: UK Spouse Visa From Pakistan

Like with other countries, the first step is to fill out the visa application form on the gov.uk site. This includes filling out a long application form with questions about your history and present situation. Pay special attention to whether or not all data is factually correct and consistent with prior applications. You will be prompted to pay your application fee and the Immigration Health Surcharge (the mandatory charge to access NHS in the UK for the visa’s duration) after the form has been verified. The application will be deemed filed after the money has been received successfully.

Step 2: UK Spouse Visa From Pakistan

The next step is to schedule and arrange an appointment to have your facial image and fingerprints (also known as biometrics) enrolled and have your papers submitted to the decision-makers. These may be done via the gov.uk link at the bottom of the submission page.

You will be taken to the VFS Global website after clicking on that link. For those unfamiliar, VFS Global is an outsourced service provider firm contracted by the Home Office to perform administrative duties connected to visa processing.

The appointment is set up by selecting a day and time from an online calendar. In Pakistan, there are four options: Islamabad, Karachi, Lahore, and Mirpur. After you’ve scheduled an appointment, you’ll need to determine how you’ll provide your evidence.

Through VFS Global, you have four options for submitting your evidence to UK Visas and Immigration, the decision-making entity:

• Upload supporting documentation to the VFS Global website on your own time (no additional charge): This is how most people typically go about things. It guarantees that you can inspect all the evidence submitted and don’t have to rely on a third party to do so. All scans must be properly uploaded before the appointment, and evidence of upload must be given along with the normal passports and ancillary items brought to the biometrics session. Unless you pay for the ‘keep my passport’ service, they will generally keep your passport (criteria and fees apply).

• At the Visa Application Centre, there is a Document Scanning Assistance Service (additional fee PKR 4790 or GBP 22): This option may be bought in advance via VFS Global, with the receipt being presented to the biometrics session with your original passports and appointment sheet. Everything will be scanned and returned to you by the VAC personnel. Unless the extra service of retaining the passport is bought, the passport is generally kept, just as option one.

• A walk-in settlement scanning service is available in the United Kingdom: For an extra GBP 75 charge, the UK-based sponsor steps in and gets all papers scanned.

• Settlement scanning service in the United Kingdom: For an extra GBP 100, you may send it via post (with GBP 25 extra for secure return)

The UK options are generally ideal for people who have all of their papers in the UK and do not wish to scan them or transfer them to Pakistan.

The waiting period for evaluation starts after you attend your biometric appointment and submit your documents in one of the numerous methods allowed. According to the general service requirements for settlement applications, a decision is made after 12 weeks of the biometrics being registered. Priority service is available for individuals who fulfill the requirements for an extra fee of PKR 121,104 or GBP 547.

UK Visas and Immigration intends to come to a decision in 30 working days of the biometrics being registered under this scheme. The catch, of course, is that this is just an ‘aim,’ not a promise. Despite fulfilling the qualifying requirements and exhibiting no factual or evidentiary complications, applications in Pakistan, regardless of which VAC is selected, typically exceed this timeframe. Therefore, it is important to keep delays in mind when considering buying this service or preparing ahead.

Eligibility Requirements

All of the criteria in Appendix FM, paragraphs E-ECP.2.1 to 4.2, must be fulfilled to be given entry clearance as a spouse.

The applicant’s sponsor has to be British or has restricted refugee or humanitarian protection leave in the UK. (Rather than Appendix FM, refugees may be allowed to bring certain relatives into the UK under the “family reunion” regulations.)

The applicant and the sponsor should be at least 18 years old at the time of application and not have a “prohibited degree of relationship.” This implies they can’t be so close that marrying them would be illegal in the UK (for example, sister and brother and sister).

The parties must also have met face-to-face, have a real and ongoing relationship and plan to permanently live together in the UK.

If the individuals are married or in a civil partnership, their relationship must be legal, and any prior relationships must have ended permanently. Fiancées who want to marry must be willing to marry in the coming six months.

Applicants seeking entrance clearance must have completed an English language exam in speaking and listening at the Common European Framework of Reference for Languages Level A1 or above.

Only a provider authorized by the Home Office may administer the exam. Lists of these providers are updated regularly, so double-check that the institute you’re applying to is still on the list before submitting your application.

Documents Required

To prove that the applicant meets all of the criteria for a UK Spouse or Partner Visa, they must provide appropriate supporting documents, which the UKVI will examine as part of the application.

The following documents must be submitted with your spouse visa application:

• Passport must be valid.
• Proof of your relationship’s genuineness
• Proof that you’ve met the financial requirements
• Proof of English language proficiency.
• Proper accommodation

If you want to travel to the UK as a spouse or partner, you must:

• Right to reside in the nation from where the applicant is applying
• TB Test certificate, if required.

Read here for a detailed UK Spouse Visa Document Checklist

Decision

The decision is announced through a cryptic email that tells you that a decision was made in your case (they don’t bother to tell you the outcome). They usually text or email you again after that to inform you that the actual passport and decision letter are available for pickup. The choice is disclosed within the package after it has been collected.

If your visa is approved, you will get your passport returned with an entry-clearance vignette stamp allowing you to enter the United Kingdom. This will be valid for 30 days for spouse/partner visas. After arriving in the UK, you will be given a Biometric Residence Permit, a card that looks like an ID card and has all of your visa information and duration. This is usually collected at a post office near your home in the UK or from a separate location if you specified a different address while filling out the online application form. Those awarded fiancé visas will not get a Biometric Residence Permit; instead, their whole 6-month stay will be validated on the passport vignette.

Concluding Remarks

Those who do not want to return to the VAC after the decision has been made may pay for a courier service to send their passport. The service costs PKR 2750 or GBP 12.5 and is promoted on their website as “safe and easy.” If you’re interested, you may get it ahead of time on VFS Global’s website.

Harsh Refusal UK Spouse Visa in a recent case where the applicant wanted to apply for a UK Spouse Visa Set entry clearance for his wife and 5 year old son to the UK.  The sponsor applicant and his wife had been married for over five years and were living in Peru. The wife had a five year old son from her previous relationship.  They all visited the UK for a short period of time on a UK Visitor Visa to see what it is like to live in the UK and naturally they fell in love.  So they decided to apply for a UK Spouse Visa along with their son.

They gathered the UK Spouse Visa Document Checklist after a long struggle for her to meet the UK Spouse Visa English language requirement finally the application was submitted.  Since the sponsor was living in Peru he did not meet the UK Spouse Visa financial requirement of £22400 so they had to rely on their savings.

Considering the UK Spouse Visa processing time they had their application decision made within the time frame. The results were unbelievable, the Home Office granted the wife entry clearance but refused her five year old son. The reason for refusal was that despite the mother having the sole custody of the son, the biological father had visitation rights.  

They now had to re-submit a new application with evidence of no objection from the biological father and a new child custody order that does not contain visitation rights. They are now awaiting a decision. Stay tuned to know the results.

The reality is no matter how well prepared you think you are such Harsh Refusal UK Spouse Visa by the Home Office is possible even if they seem illogical. Why would you grant a visa to the mother and not her child as if they would stay apart?

Moving to UK on spouse visa and relocating to an entirely new country is never without its challenges. But hopefully, you’ve begun the settling-in process and are ready to start your new life. If you are still looking for ways to do just that while still maintaining close contact with the people you love back home, keep reading these tips presented courtesy of 1 Absolute Advisor.

Learning About Your New Home

One of the first and best things you can do as a new immigrant is to pick up a book. To highlight more than two dozen books on immigration, which you may identify with based on your circumstances. This can serve to give you hope that you will eventually acclimate into a sense of normalcy in what may still feel like a foreign land.

Next, look for books and websites that help you get a grasp on the history of United Kingdom. Knowing the events that turned this nation into what it is today is an important step in understanding why we are the way we are. You’ll also want to take the time to get to know about local laws and traditions and find information on obtaining a labor certification and other resources on becoming a citizen.

Supporting Those You Left Behind

One of the most difficult aspects of moving to a new country is leaving your loved ones at home. Fortunately, there are plenty of ways to stay connected with your family, even from thousands of miles away. To start, consider planning out regular FaceTime calls with them. You can even set up a shared family calendar through Cozi so you never have to miss out on important updates or gatherings. 

Grab cheap shipping rates and share part of the US experience with your family back home. Visit your local grocery store and pack a box of staple snacks, postcards, and other trinkets that offer a taste of your new life. If you’d rather skip the line, you can use websites that cater specifically to curating flavors for your friends and family. Snack Magic is one example.

And if your family is relying on you for financial support, there are affordable and safe ways to ensure you come through on your promise to them. If your family is in India, for example, and you plan to send money home, you can use an online service like Remitly that has a fair exchange rate and, depending on how much you plan to send, may not charge fees – even for same-day transfers.

Integrating Into a New Community

Getting to know the people and places in your new hometown may be intimidating at first, especially if you’ve come here alone and do not have any local support. A few good places to start are your church or by volunteering for community services that align with your personal goals. For instance, you might walk dogs at animal rescue shelters or help pack food boxes to relieve hunger. Your local library, museum, and Habitat for Humanity organisation are all also excellent places to volunteer your time.

If you are looking to build a social network, you can use sites, such as MeetUp or Facebook, to seek people out that share similar interests to yourself. For virtually any activity that you would like to do, there is a group that can help you connect with like-minded individuals of all ages, races, and backgrounds.

Ultimately, moving into a strange land is a daunting and sometimes overwhelming experience. But it does not have to be, and there are steps you can take to make your transition as seamless as possible without losing sight of the life you left behind. So read a book, learn about your new home, and don’t be shy about sharing it with the people you love.

If you are planning to Moving To UK On Spouse Visa and want to know how to get a UK Spouse Visa you can read our post here. A complete list of documents needed for a spouse visa can be found here

EU Citizens in the UK After 30 June 2021

One of the results of Brexit was the end of freedom of movement between the EU and the UK. Although old EU residence documents, such as UK derivative residence cards and permanent residence cards, are still recognized after the official Brexit end-date on 31 December 2020. But they would no longer be valid after 30 June 2021. This means EU citizens must now apply for necessary documents to enter, stay, work or study in the UK. So, if you are moving to the UK as an EU citizen, the following are some of the most commonly used visa and immigration routes available to you. 

1. Tier 1 Visa

The UK Tier 1 visas are of various types – the Tier 1 Investor visa and the Tier 1 Exceptional Talent visa. However, the Exceptional Talent category is no longer open for new applications. As an EU citizen, you can get a Tier 1 Investor visa with Indefinite Leave to Remain (ILR) status after 5 years if you can invest at least £2m in the UK Government or UK companies. With an investment of up to £5m or £10m, you will be eligible for ILR after 3 and 2 years, respectively.  

2. Skilled Worker Visa

If you’re sponsored by a UK Visa and Immigration (UKVI) authorised employer or have a job offer in the UK, you can apply for a Skilled Worker Visa, formerly known as Tier 2 (General) visa. This is the major route for skilled immigrants seeking jobs in the UK. However, your job offer must be on the list of eligible occupations. Also, it must attract a stipulated minimum salary, depending on the type of work. With the Skilled Worker visa, you can apply for permanent residency in the UK after 5 years.

3. Student Visa

EU students above 16 years can apply for a Student Visa. The requirements for a student visa will depend on the programme you are applying for and your school of choice. For instance, you may need evidence of consent from your parents, depending on your age. There is also a Child Student Visa route for students between the age of 4 and 17. The UK student visa generally requires that a licensed education provider has admitted you for a course.

In addition, you must show proof that you have enough money to pay for the tuition and support yourself for the duration of your course in the UK. If you are applying from outside the UK, you may start your application process anytime from 6 months before the start date of your course. You should get a decision within 3 weeks after application. If you are applying from inside the UK, then you may apply anytime from 3 months before the start date of your course. You will usually get a decision within 8 weeks.

4.    Temporary Worker Government Authorized Exchange visa

This visa is available to EU citizens who are coming to work in the UK for a short time. It’s also available to those partaking in training, fellowship, or research programmes by any government authorized scheme. As a result, you must have a sponsor and a certificate of sponsorship reference number from them. This certificate of sponsorship is usually valid for 3 months after the issue date. Furthermore, you’re expected to have a minimum of £1,270 available to support yourself during your stay in the UK.

5. Innovator Visa

You may be eligible for the UK innovator visa if you are above 18 and want to set up a business in the UK. Specifically, the business must be innovative – different from other businesses already available in the UK market. You must first submit your business idea to an endorsing body for approval. The body’s decision can make or mar your chance of getting this visa. If they reject your business plan, you can’t get the Innovator visa. Financially, you need a minimum of £50,000 in investment funds to apply for this visa. You’re also required to prove where you got this funding from.

EU Citizens In The UK After 30 June 2021. If You Are Already In The UK

If you are an EU citizen in the UK and would like to continue living in the UK after 31 June 2021, you must apply for the newly recognised status known as the EU Settlement Scheme. The deadline for applications for this scheme is 30 June 2021. If you fail to submit your application on or before this date, you may no longer be eligible to continue living in the United Kingdom. If you are able to successfully submit your application before the deadline, you will be eligible to continue staying in the UK.

Understanding the EU Settlement: Who is Eligible?

You are eligible to apply for the EU Settlement Scheme if you are an EU, EEA or Swiss citizen, and you were residing in the United Kingdom before 1 January 2021. You are also eligible if you are a citizen of Iceland, Liechtenstein or Norway. Other eligible persons are family members of the EU, EEA, and Swiss citizens. You can also apply if you are a family member of an eligible person of Northern Ireland. Your children can also apply for the scheme.

How to Apply

You can apply for the EU Settlement Scheme either by post or electronically. It is a free application that is accessible online on GOV.UK. You will need certain documents to prove your eligibility for the application. The required documents include proof of identity and proof of residence. If you are applying as a family member, you will need proof of qualifying relationship with your family member you are applying to join. Proof of length of stay in the UK is also important.

EU Citizens Who Don’t Need to Apply for Settlement Scheme

Some EU citizens may not need to apply for the settlement scheme to be eligible to continue staying in the UK after June 2021. If you are an Irish citizen and you have a valid Indefinite Leave to Remain (ILR), you don’t need to apply for the EU Settlement Scheme. Also, if you are working in the UK as a frontier worker but don’t live in the UK, you don’t need to apply for the settlement scheme.

What Rights Does the EU Settlement Scheme Give?

If you apply for the EU Settlement Scheme successfully, you will be able to continue residing and working in the United Kingdom after 30 June 2021. The UK government will grant you either settled status or pre-settled status. This will depend on how long you’ve been residing in the UK when you submit your application. The status you get will also determine your rights as an EU citizen living in the UK after June 2021.

Understanding Settled Status

If you are granted settled status, you will be eligible to continue living in the UK indefinitely. You will also be able to apply for British citizenship if you are eligible.

If you have lived in the UK for a continuous period of 5 years, you will usually get settled status. In other words, you have spent at least 6 months in any 12-month period in the UK, the Channel Islands or the Isle of Man.

Pre-settled Status

If you don’t have 5 years of continuous residence in the United Kingdom, you will usually be granted pre-settled status.

If you are granted pre-settled status, you will have the right to continue living in the UK for another 5 years. After you have maintained 5 years of continuous residence in the UK, you will be eligible to change the pre-settled status to settled status.

EU Citizens In The UK After 30 June 2021 have the above options and if you wish to have professional help with your application please click here to book a FREE CALL with one of our Immigration Advisers.

The UK left the European Union on 31 January 2020, as a result the free movement between the UK and the European Union ended on 31 December 2020. Below are the Top 10 questions and answers for EU Citizens Moving To The UK In 2021.

I arrived in the UK before 31 December 2020, can I still apply for European Union Settlement Scheme (EUSS)?

Yes, to be eligible to apply, you must have arrived in the UK before 31 December 2020, and you must submit your EUSS application before 30 June 2021. The EUSS is free of charge and offers secure status for 5 years. 

I arrived in the UK after 31 December 2020, can I still apply for European Union Settlement Scheme (EUSS)?

If you were not resident in the UK by 31 December 2020, you will need to meet specific requirements and criteria in order to live in the UK from 1 January 2021. 

Can I join a family member in the UK after 31 December 2020?

If the applicant is not living in the UK by 31 December 2020, the applicant will be able to apply provided the below mentioned criteria is met:

-applicant’s family member was living in UK by 31 December 2020

-the relationship began by 31 December 2020

-the applicant is a close family member, for example a spouse, unmarried partner

-their family member has settled status in the UK

What permission do I need to obtain to live in the UK after 31 December 2020?

In order to live in the UK after 31 December 2020, applicants must have the relevant permission to live and work in the UK under the UK’s points-based immigration system. If applicants intend to work in the UK, they must meet certain criteria for the immigration route they are applying for. 

If applicants wish to come to the UK to work, they can apply for the Skilled Worker visa route. Applicants must have a valid job offer from an approved employer, the job offer must be at a required level and complexity and at the appropriate salary level. Applicants who wish to apply for the Skilled Worker visa route must also show English language proficiency. 

On the following link applicants can also browse through alternative work visa routes and specialist occupations: https://www.gov.uk/guidance/the-uks-points-based-immigration-system-information-for-eu-citizens

Can Skilled Worker permission lead to settlement in the UK?

Yes, the Skilled Worker visa route can lead to settlement in the UK provided applicants maintain 5 years of lawful and continuous residence in the UK. 

What other options do I have if I want to live in the UK? 

If you wish to study and live in the UK, the Student visa might be the best option for you! 

Applicants are required to show that they have a valid Confirmation of Acceptance for Studies (CAS) letter from an educational sponsor approved by the Home Office, applicants must meet English language proficiency and financial evidence requirements. More information about this route can be found on: https://www.gov.uk/student-visa 

If applicants successfully complete their undergraduate level degree or above in the UK, they will be able to apply for a Graduate visa to stay and work in the UK or look for work for up to 2 years after completing their degree. The Graduate visa route is expected to open in summer 2021. 

Applicants switching to the Graduate visa route will then be able to switch to the Skilled Worker visa route provided they’ve found a suitable job and meet all the requirements of the Skilled Worker immigration route. 

What is the visa application process for EU citizens after 31 December 2020?

All EU Citizens Moving To The UK In 2021 to work or study must apply for the most relevant visa. The visa application must be submitted online on Gov.uk website and applicants must demonstrate that they meet the requirements and the relevant criteria for the visa route they are applying for. Applicants also need to verify their identity through an ID Check application available on mobile devices and upload their supporting documentation with their completed online visa application. 

How much do I need to pay for my visa application? 

Applicants will need to pay an application fee. On the following link, you can check how much you need to pay for your visa application outside the UK: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-31-january-2021 

Furthermore, applicants need to pay an Immigration Health Surcharge before they submit their visa application. This allows applicants to access the NHS in the UK. The current Immigration Health Surcharge for a student visa is £470 per year and £624 per year for all other visa and immigration applications. 

What identification document do I present at the UK Border? 

From 1 October 2021, EU citizens will not be able to use their EU, EEA or Swiss national ID card to enter the UK. EU, EEA or Swiss nationals will need to present a valid passport at the border. In some circumstances EU, EEA or Swiss nationals can continue using their national ID card to enter the UK until 31 December 2025 provided they have settled or pre-settled status under the European Union Settlement Scheme. 

Do I need a visa to visit the UK? 

No, you can visit the UK without applying for a visa up to 6 months. You will need to apply for the most relevant visa if you want to study or work in the UK and intend to live in the UK for longer than 6 months.

If you are a EU Citizens Moving To The UK In 2021 then there are several other options that you can explore based on your individual circumstances. Why not speak to one of our advisers to see what options you have. Fill in a FREE CALL BACK form to have your call.

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. 

2. 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. 

3. 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. 

4. 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.

5. 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. 

6. 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.

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

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

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.

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

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