OISC Level 1 - Course Agenda for classroom and online training

PART 1: CRUCIAL TO GET THE BASICS!

2 systems of immigration law: UK law and European law | Types of visas under the UK law | Entry Clearance | Visitor visa | Leave to Remain (also called Residence Permit or Limited Leave to Remain) | Indefinite Leave to Remain (ILR) | Indefinite Leave is not ‘indefinite’| Indefinite Leave to Enter | There is also a Leave to Enter

‘Settlement’ and 2 confusing meanings of this word | Common question: Passport has expired, do I have to transfer my visa to a new passport? | What is Switching? | Common examples when switching is not allowed even though the migrants are desperate to do so | What is the Date of Application and why it is so important? | When is the Date of Application? | In-time and Out-of- time applications | No more 28-day grace period from November 2016

PART 2: IMMIGRATION RULES AND HOW TO USE THEM

Each category’s rules consist of 3 parts | The ‘Other way around’ principle | How to determine if switching is possible? | How to determine if a visa allows to work? | Registration with the police | Tuberculosis test | UKVI Staff Guidance

PART 3: VISITING THE UK

Visitors can stay for maximum 6 months in each 12 months (but it’s not a law or policy) | Visitor rules are the same for all. Visitor visa rules aren’t | A visa stamp itself does not guarantee entry to the UK | Main categories of visitors (and visitor visas) | Visitor visas can be from 6 months to 10 years | Can a visitor apply for a visa to work, study or reside as a Spouse of a UK citizen? | Most common reason for a refusal |

PART 4: POINTS-BASED SYSTEM - ABOUT THE TIERS

As ‘Points-Based’ as it sounds? | PBS Tiers

PART 5: POINTS-BASED SYSTEM - WORKING IN THE UK

TIER 1

TIER 1 (ENTREPRENEUR)

Switching from Tier 4 is very limited but entry clearance option is there | Switching from Tier 2 | How does third party funding work? | Common question: does the third party need to keep the money for 90 days? | Can assets or property be considered as a source of funds? | Common question: what business activities are permitted? | Working as a “self-employed contractor” is not allowed | Business plan was made compulsory from 6 April 2015 | Beware of the documents which are not on the list of specified evidence but are still required | Tier 1 Entrepreneur summary in Questions and Answers | Case study: Australian national who worked in the UK on a Tier 5 YMS visa and then applied for an Entry Clearance as an Entrepreneur. The funds were on his name but for less than 90 days and therefore, needed the documents from the third party. Business – IT and banking software | Case study: Russian national who studied in the UK on a Tier 4 Student visa and then applied for an Entry clearance as an Entrepreneur. The funds were provided by the applicant’s father and were held in a Russian bank. Business – marketing | New from 1 September 2015 (overseas criminal certificate)

TIER 1 (GRADUATE ENTREPRENEUR)

Annual limit | Tier 1 (Graduate Entrepreneur) in Questions and Answers

TIER 1 (INVESTOR)

Before 6 November 2014 | Those who were issued an initial visa under the Rules in place before 6 November 2014 | From 6 November 2014 onwards | New from 5 April 2015: UK- regulated investment account | Visa extension | Permanent residency | Accelerated routes | Tier 1 (Investor) in Questions and Answers | Case study: Russian national, plus spouse, with the funds held in the UK | New from 1 September 2015 (overseas criminal certificate)

TIER 1 (EXCEPTIONAL TALENT)

Annual limit | Tier 1 (Exceptional Talent) in questions and answers

TIER 2

STEP 1: SPONSOR LICENCE

STEP 2: CERTIFICATE OF SPONSORSHIP (COS)

If Tier 2 application was refused, does the applicant need a new COS or can he/she use the same one?

STEP 3: TIER 2 VISA APPLICATION

Main requirements for a visa application

TIER 2 (GENERAL) CATEGORY – SPECIFIC GUIDANCE

Restricted/Unrestricted certificates and Annual limit | Type of job offered | Does applicant need to have experience or qualification for job sponsored under Tier 2? | Does an applicant need to work for this employer before he/she can be sponsored for Tier 2? If yes, how long for? | Salary offered | New Entrant salary category | Experienced salary category | What if employer cannot offer the minimum salary? | Salary minimum £35,000 at the point of applying for ILR: This was introduced on 6 April 2016, so the Tier 2 General migrants who are applying for ILR from this date onwards would need to be paid minimum £35,000 on the date of application for ILR (doesn’t need to have been paid that earlier). This will be slightly increased in the years afterwards, you can find the salaries after 2016 in the Rules. | Advertising the job – Resident Labour Market Test | Examples of exception (when employers don’t need to advertise the job) | Resident Labour Market Test and annual limit are not the same thing and not connected | Case study | Special arrangements for Tier 4 Student visa holders switching to Tier 2 General inside the UK | Why is it different applying from outside the UK? | Tier 2 General in questions and answers

TIER 2 INTRA-COMPANY TRANSFER – SPECIFIC GUIDANCE

Important date: 6 April 2010 | Tier 2 Intra-Company Transfer in questions and answers

TIER 2 MINISTER OF RELIGION – SPECIFIC GUIDANCE

Tier 2 Minister of Religion in questions and answers

TIER 2 (SPORTSPERSON) – SPECIFIC GUIDANCE

Tier 2 (Sportsperson) in questions and answers

TIER 5 - TEMPORARY WORKERS

Tier 5 (Temporary worker - creative and sporting) | Tier 5 (Temporary worker - charity workers) | Tier 5 (Temporary worker - religious workers) | Tier 5 (Temporary worker - government authorised exchange) | Tier 5 (Temporary worker - international agreement) |

Tier 5 (Youth Mobility Scheme)

PART 6: NOTES ON ENGLISH FOR ALL TIERS UNDER PBS

Meeting automatically | Based on the previous visa(s) | Tier 1 (Investor) and Tier 2 ICT applicants are exempt from this requirement | Nationals of majority English-speaking countries | Degree taught in English | English language test | Tables: English language required in each category

PART 7: NOTES ON MAINTENANCE FOR ALL TIERS UNDER PBS

Meeting automatically | Certified by the Sponsor – Tier 2 | Savings: 90 days for Tiers 1, 2, 5 or 28 days for Tier 4 | Table – summary of Maintenance requirement for each category | Funds held for 90 days (Tiers 1, 2 and 5) | How to count 90 days and when should this period end, a day before applying or when? | What if the applicant does not have the funds ‘held for 90 days’? | Foreign currencies and foreign banks | Black list of foreign banks

PART 8: PBS – SPECIFIED EVIDENCE AND EVIDENTIAL FLEXIBILITY

It goes further: specified details on the documents, not just specified documents | Evidential (in) Flexibility | The Immigration Rules provide 4 examples when Evidential Flexibility applies

PART 9: DEPENDANTS of PBS MIGRANTS

Tier 1, 2 and 5 | Tier 4 | Before 1 October 2013 | From 1 October 2013

PART 10: WORKING OUTSIDE THE POINTS-BASED SYSTEM: UK ANCESTRY, DOMESTIC WORKERS, REPRESENTATIVE OF OVERSEAS BUSINESS

UK ANCESTRY | DOMESTIC WORKERS IN A PRIVATE HOUSEHOLD | Before 6 April 2012 | From 6 April 2012 | REPRESENTATIVE OF OVERSEAS BUSINESS

PART 11: INDEFINITE LEAVE TO REMAIN (PERMANENT RESIDENCY) IN PBS ROUTES AND OTHER WORK ROUTES

How to check whether a category leads to ILR | Examples of categories which do not lead to ILR

COMMON ROUTES TO ILR:

Ancestral | Domestic Workers | Representative of Overseas Business | Tier 1 General and last ILR applications in April 2018 | Tier 1 Entrepreneur | Tier 1 Investor | Tier 2 General, Minister of Religion or Sportsperson visas | Counting Tier 2 Intra-Company Transfer visa | “6 years – and you are out” (overall limit in Tier 2 category | Intra-Company Transfer – out after 5 years

COMMON ILR REQUIREMENTS AND ISSUES:

Absences from the UK | From 13 December 2012 | Purposes of absences | Criminality | Before 13 December 2012 - Spent and Unspent criminal convictions | From 13 December 2012 – Sentence-based thresholds | Table of offences and impact on applications | Driving offences: drink-driving, driving without insurance, driving whilst using a mobile phone and similar | Fixed Penalty Notices | Fines | Case Study: South African national on an Ancestral visa who had a driving conviction | Knowledge of Language and Life in the UK (KOLL) and changes from 28 Oct 2013| Exemptions | Before 28 October 2013 | From 28 October 2013 | Life in the UK Test | English language requirement | Examples of applicants who are affected

PART 12: SPOUSES AND PARTNERS OF PBS MIGRANTS AND OTHER WORKERS

If the main applicant holds an Ancestral, Domestic Worker or a pre-PBS visa | If the main applicant holds a Tier 1 or a Tier 2 visa | What to do if the main Tier applicant qualifies for ILR but his/her spouse/partner has not spent enough time in the UK? From PBS Dependant to ILR? | All changed on 9 July 2012! | There is one exception | Absences for dependants | Criminal convictions for dependants | Life in the UK Test and English language

PART 13: CHILDREN OF PBS AND OTHER WORK MIGRANTS

If the main applicant holds an Ancestral, Domestic Worker or a pre-PBS visa | If the main applicant holds a Tier 1 or a Tier 2 visa | Child born in the UK, do the parents need to apply for a child’s Dependant visa? | Children who turned 18 years old

PART 14: STUDYING IN THE UK – TIER 4

2 TYPES UNDER TIER 4: GENERAL AND CHILD STUDENTS | TIER 4 SPONSORS | CONFIRMATION OF ACCEPTANCE FOR STUDIES (CAS) | ACCEPTABLE TYPES OF COURSES | ACADEMIC PROGRESS

HOW MANY YEARS CAN ONE STUDY IN THE UK?

Current limits

ENGLISH | MAINTENANCE (FUNDS) | Low-risk nationals | How much money does a Student need? | How many days does the money need to be on account? | Whose name can be on account (and a common cause for refusal)? | If the money is on the parents’ accounts | Test yourself: question from a real assessment of one of our advisers

HOW LONG IS A VISA VALID FOR? CAN STUDENTS WORK IN THE UK?

Can a Student work after the course finished and/or made an application for a new visa? | Self-employment

WHAT ABOUT CHANGES: change a course, change a sponsor, drop out of the course?

DEPENDANTS

WHAT’S NEXT AFTER TIER 4 STUDENT VISA?

DOCTORATE EXTENSION SCHEME

PART 15: SPOUSE, PARTNER AND FIANCÉE VISAS

GENERAL: Which partners are covered? Or whose partners (of who) are covered? | ‘Present and Settled in the UK’ | What is the difference between civil partners, unmarried partners and same-sex partners? | Which partners aren’t covered?

TYPES OF VISAS (Fiancée, Spouse and Unmarried Partner): SPOUSE VISA | FIANCE(E) VISA | UNMARRIED PARTNER VISA

The main thing about Spouse/Partner visas is that there are Old Rules and New Rules, like 'before and after':

All changed on 9 July 2012 | How to distinguish? | Transitional arrangements | The Old

versus the New - Summary of changes

SPECIFIED EVIDENCE – new from 9 July 2012 yet extremely important: It goes further: specified details on the documents, not just specified documents

Common examples where clients struggle to provide Specified Evidence

FINANCIAL REQUIREMENT

Thresholds | Court case which challenged the Minimum Income Requirement | Thresholds are reasonable, the catch is how to calculate them | Categories A and B – employment | Whose earnings can be counted?

CATEGORY A – with current employer for 6 months or more in the UK

CATEGORY A – with current employer for 6 months or more overseas – Sponsor returning to the UK

CATEGORY B – Less than 6 months with current employer or variable income in the UK

CATEGORY B – Less than 6 months with current employer or variable income overseas – Sponsor returning to the UK | Can employment earnings be combined with other income?

CATEGORY C: specified non-employment income | Can ‘property’ be used? | Other sources of specified non-employment income

CATEGORY D: Savings | Case Study – British/American couple used savings transferred from investments

CATEGORY E: PENSION

CATEGORIES F and G: SELF-EMPLOYMENT | What’s meant by a ‘full financial year’? | Does one have to be self-employed for a ‘full’ financial year? | What is considered as income for self-employed people? | Sole traders | Directors of limited companies | A company director is not the same as a company owner | TIP – Deadline for submitting a tax return is the last day, not the only day! | TIP – Director’s Salary | TIP – Once and for all: what is a ‘contractor’?

And here is what CANNOT be used to meet the Financial Requirement

Exemption: Exception (EX.1) – not covered in details as it should be at OISC Level 2

OLD MAINTENANCE REQUIREMENT - for Transitional arrangements and for those Exempt from the new Financial Requirement

ENGLISH LANGUAGE REQUIREMENT | When is A1 Level required? | When is A2 level required? | Important: A2 level is determined by the date of visa, not date of application! | EVIDENCE OF GENUINE RELATIONSHIP

PART 16: ILR FOR SPOUSES AND PARTNERS

BEFORE 9 JULY 2012 | FROM 9 JULY 2012 | TRANSITIONAL ARRANGEMENTS | A very common mistake - applying for ILR without getting a Spouse/Partner visa first

ILR REQUIREMENTS: Finances | Evidence of living together | Criminality threshold | Knowledge of Life and English language

PART 17: VISAS FOR CHILDREN AND STEP-CHILDREN

SOLE RESPONSIBILITY RULE | What if the child turned 18 years old between visas? | Case Study: Colombian wife of a UK citizen and a wife’s 17 yo child

PART 18: VISAS FOR OTHER DEPENDENT RELATIVES

Before 9 July 2012 (financial dependency) | From 9 July 2012 (day-to- day care which is not available in the country of residence) | A word of warning! | Case study: Indian elderly parent who lived in a carehome in India. The application was refused but granted on appeal

PART 19: EU/EEA REGULATIONS (EUROPEAN LAW)

LEGISLATION AND TERMS | No points or Tiers, no English, no Financial Requirement and also no specified evidence! | EU/EEA term | Who are EEA nationals? | TIP - EEA is not the same as Schengen area

PRINCIPLES OF EU/EEA CASEWORK:

1ST PRINCIPLE: exercising EU Treaty rights: Examples of a qualified person (examples of exercising Treaty rights)

2ND PRINCIPLE: ‘visa stamps’ are voluntary

3RD PRINCIPLE: restrictions on some nationals

1 May 2004 – 30 April 2011: 

1 January 2007 - 31 December 2013: Blue Registration Certificate | Purple Registration Certificate | Yellow Registration Certificate

1 July 2013 - for up to 7 years: Blue Registration Certificate | Purple Registration Certificate | Yellow Registration Certificate | Post-restrictions rules

4TH PRINCIPLE: family members and extended family members and a very important difference:

Family members (used to be called direct family members) | The crucial difference - automatic rights from the law and not from a ‘visa stamp’ | Practical reasons for decision to make an application | Extended family members

TYPES OF APPLICATIONS

If coming from outside the UK: EEA Family Permit | If applying inside the UK: EEA Residence Card | Family members of Croatian nationals

5th PRINCIPLE: family members of British citizens, why they are excluded and the Surinder Singh route

6th PRINCIPLE: Permanent residency (not based just on living in the UK): Same rules for all EEA nationals | Absences from the UK | Knowledge of Life and English

7th PRINCIPLE: dual nationals: Dual EEA and non-EEA nationals | Dual British and EEA nationals | Now test yourself: question based on a real OISC exam of one of our own staff

PART 20: BRITISH CITIZENSHIP

Nationality: citizenship, naturalisation, what does it all mean and what are the differences? | British nationality | British Citizenship | Naturalisation | Registration

CITIZENSHIP – NATURALISATION: 4 SETS OF NATURALISATION RULES

THE MOST COMMON GROUP - ‘EVERYBODY ELSE’

Condition 1: No ILR – No Citizenship! | Condition 2: Having ILR for at least 12 months | Condition 3: Five years of residency in the UK and being present in the UK on a day 5 years before receipt of application by the UKVI | Condition 4: Good character (criminal history) | Before and after 13 December 2012 | Table of offences and impact on applications | Condition 5: Knowledge of Language and Life in the UK (KOLL) and changes from 28 Oct 2013 | Condition 6: Absences from the UK (not the same as for ILR!) | Unique ‘Date of Application’ meaning | Basic rules on absences

‘BRITISH BY DESCENT’ AND ‘BRITISH OTHERWISE THAN BY DESCENT’ – the difference

British ‘otherwise than by descent’ | ‘British by descent’ | Example of a British by descent

SPOUSES AND CIVIL PARTNERS OF BRITISH CITIZENS

Conditions, which are the same as 'everybody else' generally but some details are different

Conditions, which are unique to spouses and civil partners of British citizens: Condition 4: Three years of residency in the UK | Anomaly in this requirement | Condition 5: waiting 12 months after ILR (not actually applicable) | Condition 6: Absences from the UK

EUROPEAN (EEA) NATIONALS

Rules are the same as for ‘everybody else’ but applied differently | Big change from 12 November 2015 | EEA nationals who are married/civil partners of British citizens | CASE STUDY – dual Dutch/Brazilian national who is a civil partner of a UK national

FAMILY MEMBERS OF EUROPEAN (EEA) NATIONALS

European family members of European nationals, such as ‘Polish married Polish’ | Non-EEA family members of EEA nationals, such as ‘American married to German’ | Direct family members | Change from 12 November 2015 | CASE STUDY – Russian national married to a Belgian | Extended non-EEA family members

CITIZENSHIP - REGISTRATION OF CHILDREN UNDER 18 Y.O

IMPORTANT DATES AND ACTS TO REMEMBER: British Nationality Act 1981 | From 1 July 2006

CHILDREN BORN IN THE UK

If child's mother is British | If child’s father is British | If child's parent (one or both) is not British but has permanent residency in the UK | If the child's parents hold a limited leave to remain | If the child's parents are European citizens | Children who spent the first 10 years of their life in the UK | Difference between 'British by birth' and 'not British but can be registered as British'?

CHILD BORN OUTSIDE THE UK WHOSE PARENTS IMMIGRATED TO THE UK

Example 1: Indian family who came to the UK together | Example 2: Indian national came to work while his family joined much later | Example 3: Russian step-child of a UK citizen

OTHER COURSES AND SERVICES AVAILABLE FROM US

Points-Based System training in the classroom. CPD 7 hours | Permanent Residence and British Citizenship for European/EEA nationals and their Family Members. CPD 6 core hours | OISC Level 1 course in the classroom CPD 10 core hours | Self-employment Income in Visa Applications (by a Self-employed Immigration Adviser). CPD 6 core hours | Spouse/Partner Visas - Case Studies and FAQs. CPD 6 core hours | Business plan writing for a Tier 1 (Entrepreneur) visa – from experienced Immigration entrepreneurs