UK Immigration Blog

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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Those who wish to continue in UK after 30 months by which time their UK Spouse Visa expires, can apply for extension of their UK Spouse Visa. After obtaining the visa extension they can live in UK along with their spouse or partner for another 30 months. They can apply for visa extension at the Home Office for which they have to pay £1,033 as Extension Visa Fees. While applying for Visa Extension also the applicant is required to fulfil the minimum financial requirements. The applicant and his/her spouse/partner together should have an annual income not less than £18,600. Those who have children are required to earn extra £3,800  for first child and additional £2,400  for each additional child.

UK Spouse Visa is valid for 30 months only. One can apply for visa extension after 2.5 years. The application is to be made at the Home Office. For extension of the visa the applicant has to pay £1,033 as Extension Fees. The applicant has to fulfil the same financial requirements that they fulfilled while applying for UK Spouse Visa. The application will be processed after paying the visa extension fees and on submitting the necessary documents to prove that the minimum financial requirements are fulfilled.

Since the UK Spouse Visa expires after 2.5 years, one has to apply for visa extension. After obtaining the visa extension he/she can continue in UK for another 30 months. The application for Extension along with the supporting documents are to be submitted at the Home Office. An amount of £1,033 is to be paid as Visa Extension Fees.

For more information on UK Spouse Visa extension you can visit here

Here is an interesting article on Spouse Visa

If you need help with your visa extension why not request a free call back to discuss your case here

In this post we will discuss English Language requirement for the UK Spouse / Partner Visa route.

The UK Home Office introduced English Language requirement as part of the immigration process in November 2010. Although this was initially introduced for selected few visa application types, it is now widely used under multiple visa categories as a general requirement to reduce burden on UK tax payers and promote easy integration of migrants into the society.

Who needs to meet the English Language Requirement for a UK Spouse Visa and UK Partner Visa category?

English language requirement applies to: 

• Leave to remain as a spouse or civil partner
• Leave to remain as an unmarried or same sex partner
• Entry clearance as a partner
• Entry clearance as a spouse

What is the level of English language requirement for UK Spouse visa and partner visa?

Most applicants are required to meet CEFR Level A1 or A2 (unless exempt: more on this later)
 

All entry clearance or initial leave application for UK Spouse visa need a minimum of CEFR level A1 (unless exempt)

All applications for leave to remain where previously exempt from A1 or were last granted visa as a fiancé(e) or proposed civil partner also need to meet the CEFR level A1 (unless exempt)

All UK Spouse visa applications for leave to remain where last granted visa with A1, which expires on or after 1 May 2017 need to meet the CEFR Level A2 (unless exempt)

Note: THE ENGLISH LANGUAGE REQUIREMENT FOR A UK SPOUSE VISA is only applicable to the main applicant and not the dependents

Where can you take the English Language Test for UK Spouse Visa?

Applicant has to take a test at one of the approved UK English Language test centre

You can only take an SELT with one of the following providers:

• IELTS SELT Consortium (UK or overseas)
• LanguageCert (UK or overseas)
• Trinity College London (UK only)
• Pearson (UK and overseas)
• PSI Services (UK) Ltd (overseas only)

The approved IELTS SELT Consortium tests are:

• IELTS for UKVI
• Life Skills

The approved LanguageCert tests are:

• LanguageCert International ESOL SELT
• LanguageCert International ESOL SELT (Speaking and Listening)

The approved Trinity College London tests are:

• Integrated Skills in English (ISE)
• Graded Examinations in Spoken English (GESE)

The approved Pearson tests are:

• Pearson PTE Academic UKVI
• Pearson PTE Home

The approved PSI Services (UK) Ltd tests are:

• Skills for English UKVI (4 component)
• Skills for English UKVI (2 component)

Click HERE to download a list of approved secure English language test for UK Spouse Visa (in the UK) OR Click HERE to download a list of approved secure English language test for UK Spouse Visa (Outside the UK)
 Besides taking the test there are other ways to meet the English Language Requirement for a UK SPOUSE visa application. 1) If you are an national of a majority English speaking country (more on this later) 2) You have formal education at a Bachelor or Masters level awarded in the UK or where the qualification is awarded abroad and this is recognised by UK NARIC of equivalent to Bachelor or Masters level.

Exemption from english language requirement for uk spouse visa is applied under following conditions:

• If the applicant is aged 65 and over at the time of their UK Spouse Visa application
• They have disability that stops them from meeting the English Language requirement for spouse visa
• Under exceptional circumstances

Following nationals can claim exemption from English language requirement for a UK spouse visa under majority English speaking countries?

Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America.

It is important that you take the right test at an authorised centre to meet the English language requirement for a UK Spouse visa to avoid refusal. If you have any specific questions about how to meet this requirement or general requirement for a uk spouse visa you can read our comprehensive post here. Why not speak to one of our registered immigration advisor about your application by asking a free call back below

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UK Spouse Visa Fee. The above video explains the total cost involved in getting a UK Spouse Visa. Please note these are subject to change by the Home Office at any time. For latest information on the cost of UK Spouse Visa can be found here.

Main charges are:

For Entry Clearance Spouse Visa (Those Applying from Abroad): £1523

Immigration Health Surcharge £1200

For those applying for a UK Spouse Visa Extension (within the UK) the fee is £1054

Immigration Health Surcharge (Within the UK) £1000

Biometric Enrolment Fee.

We might also want to consider fees if you wish to engage a UK Immigration Lawyer to represent your case. The typical fee for this service start from £850. Although this is optional it is highly recommended to engage this service considering the large amounts of Home Office fees involved and these are non-refundable if your application is refused.

In addition to the fees applicant applying for a UK Spouse Visa are required to meet financial criteria to satisfy the Home Office that you are in a position to support your potential wife/husband/partner. These mainly are to evidence that you earn a salary of minimum £18600 or have cash savings of at least £62500. These can be higher if you have children in the application.

If you are looking to file a UK Spouse Visa application and would like a professional immigration lawyer to review your application or represent your case please visit our site https://1-absolute-advisor.com/. Simply request a free call back by filling up a form here

1 Absolute Advisor is an OISC registered firm that provides immigration advice to clients wishing to come to the UK or have their status changed or extend within the UK. Our success rate is 99.5% and we pride ourselves in unparalleled customer services.

Here are some additional tips for those coming from abroad on a UK Spouse Visa

“UK Entry Clearance Refusals Explained” is an brief attempt to help individuals applying for a UK Visa.

It can be quite difficult to understand why your UK Entry Clearance application was refused and you surely want to learn more about how to go about re-applying without making the same mistakes on your application. Or perhaps you are about to make your application for a UK Entry Clearance and you want to get it right the first time.

UK Entry Clearance Refusals Explained in this post will help you do exactly that.

There are 2 main categories under which a UK Entry Clearance application can be refused. These are broadly classified as:

A) Mandatory refusal.
B) Discretionary refusal.

Lets dive deeper into each of the above types.

Mandatory refusal of an entry clearance application is a hard refusal where the deciding officer has to refuse your application on grounds of not meeting the application criteria. The reasons under this category are quite straightforward as to why an application will be refused. 

• Entry clearance: mandatory refusals

• Entry for purpose not covered by the rules

• Deportation order or conviction

• Overseas criminal record certificates: no longer GGFR

• Failure to produce valid passport or travel documentation

• Exclusion by Secretary of State

• Deception

• Document examination (DER) and verification reports (DCR)

• EEA family permits

• Previous breach of UK Immigration Rules

Discretionary refusal is when the officer can consider whether the circumstances allow him or her to use their discretion while making the decision to refuse. These are quite tricky and one has to learn as much in order to prepare the best application.

• Required information not provided

• Returning resident: paragraph 18 not met 
• Returning resident away for more than two years

• Passport authority not recognised by UK government

• Contriving to frustrate the immigration rules

• No ability to return or be accepted elsewhere

• No written sponsor undertaking Child under 18, no parent or guardian written consent
• Criminal convictions

• Refusal conducive to public good

It can be quite daunting when it comes to making an UK Visa application and it is important that you prepare your application to the highest standard. Please do your research before you apply or consider getting professional help from registered immigration consultant here. Detailed information can be found on UK Government website here.

Hope you have found this post “UK Entry Clearance Refusals Explained” helpful.