THE BASICS – CRUCIAL TO YOUR WORK!
Types of visas: Entry Clearance, Visitor visa, Leave to Remain, Leave to Enter, Residence Permit, Indefinite Leave to Remain (ILR), Indefinite Leave is not ‘indefinite’
‘Settlement’ and 2 confusing meanings of this term
Common question: Passport has expired, do I have to transfer my visa to a new passport? The answer is both Yes and No
What is Switching? Common examples when switching is not allowed
What is the Date of Application and why it is so important? When is it? In-time and Out-of-time applications. Covid-19 concessionary policies.
What is my status while waiting for a new visa? What is my visa expires before the decision?
IMMIGRATION RULES AND HOW TO USE THEM
Older and newer rules (newer refers to new Appendices added in post-Brexit shake-up of all Rules). Each category consists of 3 parts: entry, extension, indefinite leave. What is there are no rules for ILR? Newer rules: sections on Validity, Suitability, Eligibility, Settlement etc.
The ‘Other way around’ principle. How to determine if switching is possible?
How to determine if a visa allows to work? UKVI caseworkers guidance and most useful ones in our experience
VISITING THE UK
How long can visitors stay? 6 months, 3 months, 6 months in 12 months or what? Visitor rules are the same for all. Visitor visa rules aren’t . Main categories of visitors (and visitor visas). Can a visitor apply for a visa to work, study or reside as a Spouse of a UK citizen? Most common refusal reasons.
NEW POST-BREXIT POINTS-BASED IMMIGRATION SYSTEM
New vs Old comparison table. Skilled Worker visa (formerly Tier 2 General), Sponsor Licence, Certificate of Sponsorship, visa application. Defined and Undefined certificates, acceptable types of jobs, salary and tradable points.
Health and Care Worker visa.
Global Talent visa (work without sponsorship): endorsement and when it’s not required, visa application, settlement after 3 or 5 years.
OTHER WORK VISAS (without points)
Graduate Route, Study – Work – Settle in the UK, Hong Kong BNO visa, UK ancestry, Representative of overseas business (Sole Representative), Youth Mobility Scheme (working holiday) and others.
ENGLISH AND FINANCE FOR UK VISAS
English: How to determine a level needed for each category? Table: level of English in each category. How to determine how to meet it (test, degree and when ECCTIS assessment is needed etc)? Finance: How to determine what applies in each category? Example: Skilled Workers. Table: level of Finance in each category.
SETTLEMENT IN WORK ROUTES
How to check if a category leads to Settlement. How to check what categories can be combined. Example: Skilled Worker and what it can be combined with. Example: Ancestral and cannot be combined. Example: Global Talent, is it 3 or 5 years and what can be combined? Example: doesn’t lead to ILR.
Table: route to settlement in each category.
Continuous residence: How to establish continuous residence. Breaks between visas including Section 3C leave. Breaks while abroad and waiting for entry clearance. Absences: 180-day rule. Time between visa issue and date of entry. Criminality, Knowledge of Language and Life (KOLL) and exemptions.
ILR 10 years Long Residence: Continuous legal residence. Acceptable breaks in absences. What to do in case of too many absences. What to do if a current visa expires too soon before 10 years.
VISAS FOR BUSINESS PEOPLE
Start-up and Innovator, endorsement, money, criteria for extension and ILR (Innovator), What’s next after Start-up?
DEPENDANTS (FAMILIES) OF WORKERS
Dependant visa concept: Who qualifies as dependant. Main is main, dependent is dependent – different visa categories… Don’t try to combine them for ILR.
Settlement for dependent spouses and partners: Qualifying period and how to establish it. Example – 5 years of residency. Example – no minimum specified. What to do if the main migrant qualifies for ILR but partner hasn’t spent enough time in the UK. Absences, criminality, KOLL.
Settlement for dependent children: Qualifying period. If a child turns 18yo while on a dependent visa. Child born in the UK, does he need a Dependant visa?
STUDENT AND CHILD STUDENT VISAS
General rules, Confirmation of Acceptance for Studies (CAS), acceptable courses, financial requirement and exemptions, dependents, what’s next after the course ends.
SPOUSE, PARTNER AND FIANCÉE VISAS
Types of partners: spouse, civil partner, unmarried partner, same-sex partner
Types of visas: Fiancée, Spouse, Unmarried Partner
Difference between 5 and 10-year routes
Switching from 10 to 5-year route (to get ILR sooner)
Financial Requirement £18,600
Common income sources: employment (A or B), pension etc
Savings: it’s not £16,000 or £18,600
Combining different income sources: employment + savings; pension + savings; employment of 2 partners etc
Self-employed: what is a full financial year, what income to consider, combining with other sources
Company directors: difference between a director and owner; what is a full financial year, how to consider salary and dividends, combining with other sources
Special section: meeting the FR when both partners are returning to the UK from abroad and don’t have a job from a UK employer
Special section: meeting the FR using income from a business based outside the UK
English language requirement: A1, A2, B1
Indefinite Leave to Remain / Settlement
OTHER FAMILY VISAS: CHILDREN, STEP-CHILDREN , PARENTS AND ADULT DEPENDENT RELATIVES.
Visas for children and sole responsibility rule. Visas for Parents who have a British/settled child or who have access to a child who lives with the other parent. Adequate Maintenance approach, adequate accommodation explanation. When Financial Requirement £18,600 applies and when Adequate Maintenance applies instead. Criteria for adult dependent relatives.
EEA CITIZENS, BREXIT AND AFTER
EU Settlement Scheme and Appendix EU. Required date – 31 December 2020. Settled and Pre-settled status. Irish citizens. EU citizens coming after Brexit. Family members still eligible for EUSS. Family members post Brexit.
Nationality, citizenship, naturalisation, what does it all mean and what are the differences? Naturalisation criteria for all, rules for spouses of UK citizens, rules for EEA citizens. Registration of children.
British by decent, British otherwise than by decent, not British at birth but can be registered. Children born in the UK to migrant parents. Children born outside the UK to migrant or British parents