United Kingdom

Tier 1 Visa

The UK continues to offer a multitude of employment and business opportunities to individuals with exceptional talent and entrepreneurs with scalable business ideas. A member of the European Union and G8, the United Kingdom is ranked amongst the largest economies in the world.

UK Tier 1 Entrepreneur

The UK’s position, both geographically and financially, puts it at the center of a diverse collection of markets and sectors. As a result, there is an increasing demand for entrepreneur visas to the UK. The UK has options for entrepreneurs as well as for investors under the Tier 1 category visa:

This page will be focused on the UK Tier 1 Entrepreneur Visa.

The Tier 1 Entrepreneur visa UK is a visa category under the points-based system that allows you to live in the UK if you’re setting up, taking over, or actively involved in running a business in the UK or in other words the Tier 1 Entrepreneur visa UK is the route for entrepreneurs who would like to start a new business in the UK or join an existing business there. The UK’s open market and diversified economy present opportunities for new entrepreneurs and investors to access a domestic market and to use the location as a gateway to the rest of the world. The Tier 1 Entrepreneur visa is catered to applicants looking to make an investment, as applicants under this visa category are not allowed to take employment.

UK offers a number of competitive advantages as a hub for investors to conduct their business. The Tier 1 Entrepreneur visa UK is a great tool for entrepreneurs who have narrowed down on the UK as the destination for their business investment.

The UK Tier 1 Entrepreneur visa of the points-based system is for non-EEA migrants who want to invest in the UK by setting up or taking over, and being actively involved in the running of, a business or businesses in the UK. Immigration rules for the Tier 1 Entrepreneur visas UK require the applicants to have access to at least £ 200,000 for investment in the UK or £ 50,000. The Tier 1 Graduate Entrepreneur route also allows you to make an investment of £ 50,000.

The Tier 1 Entrepreneur visa is intended to bring in applicants who would be able to add value to the UK economy by bringing in the capital and generating full-time employment. As part of the enhanced screening process, the Home Office has also introduced a ‘Genuine Entrepreneur Test’ to ascertain if the applicant is a genuine entrepreneur.

As part of this evaluation, the Home Office takes into account various factors including (but not limited to):

• Credibility of the investment funds for the entrepreneur visa;
• Business plan submitted (which includes extent of market research conducted by the applicant);
• Relevant experience in the field;
• Immigration background of the applicant (both the applicants if forming an entrepreneurial team)

Requirements for £50,000 investment funds:You can apply for a Tier 1 Entrepreneur visa using the £50,000 investment funds if you are able to secure funding from one of the following sources.

• Funds from a Department for International Trade (DIT) approved seed fund
• UK Government or devolved government department
• Venture capital fund registered with the Financial Conduct Authority (FCA)

You can also make an application based on £50,000 of investment funds if you have already invested £50,000 in a UK business in the last 12 months.Besides, if you were last granted leave as a Tier 1 (Graduate Entrepreneur) and are applying for leave to remain from within the UK, you can apply based on the £50,000 investment funds.

English Language Requirement:You need to meet the English language requirement for the Tier 1 visa application. This includes either of the following.

• Passing an approved English language test with at least CEFR level B1 in reading, writing, speaking and listening; or
• Holding a degree taught in English, which is equivalent to a UK bachelor’s degree, master’s degree or Ph.D.

At Irish Expert our UK Immigration solicitors work with individual Entrepreneurs as well as Entrepreneurial teams and other investors to advise them on the feasibility of applying for a Tier 1 Entrepreneur visa to the UK.

You can no longer apply for Tier 1 Entrepreneur Visa. If you want to set up or run a business in the UK you might be able to apply for an Innovator visa.

You can contact us if you are seeking legal help from UK visa consultants in relation to the UK Tier 1 Entrepreneur extension visa.

Switching to Tier 1 Entrepreneur

You can switch into the Tier 1 Entrepreneur Visa category from inside the UK if you have permission to stay in the UK under any one of the following categories:

• Tier 1 (Investor) migrant;
• business person;
• innovator;
• student nurse;
• postgraduate doctor or dentist;
• writer, composer or artist;
• participant in the International Graduates Scheme (or its predecessor, the Science & Engineering Graduate Scheme);
• participant in the Fresh Talent: Working in Scotland Scheme;
• Tier 2 migrant;
• Tier 4 migrant; or
• Prospective Entrepreneur

Extension of Tier 1 Entrepreneur Visa

If you are in the UK on a Tier 1 Entrepreneur visa you can apply to extend your visa if you meet the eligibility requirements, which state that the applicant:

• must be registered as a director or as self-employed no more than 6 months after the date you were given permission to stay in the UK under a Tier 1 Entrepreneur visa
• can prove you’ve been self-employed or working as a director of a business 3 months before you apply
• created at least 2 full-time jobs that have existed for at least 12 months

To qualify for an extension, the applicant must demonstrate that they have invested into 1 or more UK businesses either through:

• £200,000 in cash
• £50,000 in cash if your initial application was based on having funds from an approved funding source

The Extension for Tier 1 Entrepreneur applications is done by post from within the UK and takes about 8 weeks for the application to be assessed. You can also opt for premium processing. Once you’ve applied, you can stay in the UK until you’ve been given a decision, if you applied before your last visa expired.

Indefinite Leave to Remain as Tier 1 Entrepreneur

Applicants can apply for an Indefinite Leave to Remain in the UK as a Tier 1 Entrepreneur. From the 6th April 2011, Tier 1 (Entrepreneur) Migrants have been able to apply under the provisions for accelerated settlement. This means that some applicants are eligible to apply for indefinite leave to remain after 3 years’ continuous lawful leave in the UK. The applicant can apply for accelerated settlement if they can show that they have been able to create at least 10 full times jobs or the business has, had an income from business activity of at least £5 million. For applicants who do not meet the requirements for the accelerated route for settlement, the specified period of continuous leave for settlement is 5 years.

Dependents of Tier 1 Entrepreneur

A Tier 1 (Entrepreneur) visa will allow the main applicant to bring their dependants to the UK. This visa can also be extended from within the country and it is possible for the main applicant and their dependants to obtain settlement based on the same. You should include any dependants who are on your current visa on your application for extension – including children who have turned 18 during your stay.

If you would like to ascertain your eligibility for UK entrepreneur visa, you can book an appointment for initial consultation with our UK Immigration experts. Call us on +91 9633 746454 or email us at info@irishexpert.com

We understand that applying for an entrepreneur visa UK can be puzzling given the vast amount of information on the topic. You can take away the hassle by opting for a full representation service

It’s best to seek professional advice before you proceed, to save unnecessary loss of time and expense.

Tier 1 Investor

The Tier 1 (Investor) Visa category is for high net-worth individuals who want to make a substantial financial investment in the UK.

You do not need a job offer to apply under this category. Your application will be assessed based on your ability to invest £2,000,000 (£ 2 million) in the UK.

Initial Entry Clearance as Tier 1 Investor

To apply for entry clearance as a Tier 1 Investor, the applicant must::

• be 18 or over;
• be able to prove that the money belongs to either the applicant, or their husband, wife, unmarried or same-sex partner;
• have opened a UK bank account

In addition, the applicant needs to evidence that the funds are::

• held in one or more regulated financial institutions
• free to spend (‘disposable’) in the UK

The money can be in the UK or overseas at the time of the application.

Switching to Tier 1 Investor

Applicants can apply to switch to a Tier 1 Investor Visa if they meet the eligibility requirements and they are already in the UK under one of the following categories:

• Tier 1 (Entrepreneur)
• any Tier 2 category
• any Tier 4 category
• businessperson
• innovator
• student (under the rules in place before 31 March 2009)
• student re-sitting an examination
• student nurse
• students writing up a thesis
• work permit holder
• writer, composer or artist
• investor
• If the applicant is in any other category then they must leave the UK and make the application from their home country.

Extension of Tier 1 Investor

If the applicants are in the UK as a Tier 1 Investor and the initial entry clearance was granted before 6th November 2014 then extension can be applied if the applicant has:

• at least £1,000,000 under your control in the UK
• have invested at least £750,000 (or 75%) of that in UK government bonds, share capital or loan capital in active UK companies
• invested this sum within 3 months of ‘investor start date’

If the initial entry clearance as Tier 1 Investor was granted on or after 6th November 2014, then the applicant needs to demonstrate that they::

• have at least £2,000,000 under their control in the UK
• have invested those funds in UK government bonds, share capital or loan capital in active UK companies
• invested this sum within 3 months of ‘investor start date’

The ‘investor start date’ is either: the date you came into the UK (if evidence can be provided of this) else it is the date your original visa application (or switch from a different visa category) was approved (if the date of entry cannot be evidenced)

Dependents of Tier 1 Investor

A Tier 1 (Investor) visa will allow the main applicant to bring their dependents to the UK. This visa can also be extended from within the country and it is possible for the main applicant and their dependents to obtain settlement based on the same. You should include any dependants who are on your current visa, on your application for extension – including children who have turned 18 during your stay.

It’s best to seek professional advice before you proceed, to save unnecessary loss of time and expense.

At Irish Expert, our immigration solicitors have provided expertise to numerous applicants seeking to apply for a UK Tier 1 Investor visa.

Our clients in UK or India can speak to our Tier 1 Investor Visa Consultant on +91 9633 746454 and book your appointment with our Experts.

Global Talent Visa

This visa for formerly known as Tier 1 (Exceptional talent) visa it is for people who are internationally recognised as world leaders or potential world-leading talent in the fields of science and the arts, and who wish to work in the UK.

To apply for Tier 1 (Exceptional Talent) visa the applicant would have to be endorsed in your field in science, humanities, engineering, medicine, digital technology or the arts as:

• a recognised leader (exceptional talent)
• an emerging leader (exceptional promise)

Tier 1 exceptional talent has a 2-stage application process:

1. Apply to the Home Office for endorsement as a leader or an emerging leader in your particular field.
2. Once you have been endorsed, you can apply for the visa.

At Irish Expert our immigration solicitors can provide expertise to applicants seeking to apply for UK Tier 1 Exceptional talent visa.

You can contact us if you are seeking legal help from UK visa consultants in relation to UK Tier 1 Exceptional talent visa.

You can contact us +91-9633746454 or info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to UK Tier 1 Graduate entrepreneur visa.

UK Innovator Visa

The Innovator visa category is for individuals who are experienced businesspersons and are seeking to establish a business in the UK.  In most cases you will need to have access to at least £50,000 to invest in your business (or have already invested £50,000 in your business), but certain exceptions apply.  You will also need to have an innovative, viable and scalable business idea which is approved and supported by an endorsing body. Applicants are expected to present a new business idea.  Generally, the business should not already exist.  However, where it does, the new business should not yet have fully started trading.

Endorsement criteria

In order for your business proposal to be endorsed, an approved endorsing body will need to be satisfied that your business idea meets all of the following criteria:

• Innovation: You have a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage;
• Viability: You have the necessary skills, knowledge, experience and market awareness to successfully run the business;
• Scalability: Your business plan shows evidence of structured planning and potential for job creation and growth into national and international markets.

Applicants can work on their own as a sole founder, or together as part of an entrepreneurial team.  Joint venture arrangements may also be acceptable.

Innovator visas are valid for 3 years and can lead directly to indefinite leave to remain in the UK at the end of this period.  Innovator visa applicants can bring their partner and any children under the age of 18 to the UK.

In order to qualify for an Innovator visa you will need to satisfy UK Visas and Immigration that:

• You are at least 18 years old;
• You have at least £50,000 available to invest in your UK business or have already invested £50,000 in your UK business (this requirement is waived if switching from the Tier 1 Graduate Entrepreneur or Start-up category to pursue the same business venture or extending as an existing Innovator to pursue the same business venture and, in both cases, you have shown significant achievements judged against your business plan);
• If applying to set up a new business venture, you have been endorsed by an approved UK endorsing body that has positively assessed your business idea for innovation, viability and scalability and is satisfied that you will spend your entire working time in the UK on developing your business venture;
• If applying to continue the same business venture as in your initial application, you have been endorsed by an approved UK endorsing body that is satisfied that you have shown significant achievements judged against the business plan assessed in your previous endorsement, you are registered with Companies House as a Director or Member of your business, your business is active, trading and appears sustainable for at least the following 12 months, you have had an active key role in the day-to-day management and development of the business and you will spend your entire working time in the UK on developing your business ventures;
• Your endorsement letter was issued not more than 3 months before the date of your Innovator visa application;
• You genuinely intend to undertake, and are capable of undertaking, any work or business activity in the UK stated in your application;
• You are competent in the English language to at least CEFR Level B2 (equivalent to IELTS 5.5 in reading, writing, listening and speaking);
• If you are outside the UK or have been in the UK for less than 12 months then you have at least £1270 to support yourself, plus £285 for a dependent partner, £315 for a first child and £200 for each additional child.

You can contact us +91-9633746454 or info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to UK Innovator visa.

UK Start- Up Visa

The Start-up visa category is aimed at new entrepreneurs starting their first UK business and has no requirements for initial capital investment.

On 29th March 2019, the UK Start-up visa category opened to new applicants. This category is aimed at aspiring and ambitious entrepreneurs looking to set up a business in the UK for the first time.

This assessment will be carried out by an approved endorsing body, who will need to confirm this in an endorsement letter. There is a number of specific rules about the format of this letter and what should be included.

To qualify for a visa, applicants must first obtain an endorsement from an approved endorsing body confirming that their business is innovative, viable and scalable.

• Innovation – The applicant must have a genuine, original business plan that is in line with new or existing market needs and/or has a competitive advantage.
• Viability – The applicant is actively developing or already has the required skills, knowledge, experience and market awareness to run their business successfully.
• Scalability – There needs to be evidence of structured planning and of job creation prospects as well as potential to grow into national markets.

Applicants who are successful are granted 2 years leave. After a set period of time, holders of Start-up visas may be able to progress to the Innovator category in order to extend their stay and further develop their businesses in the UK.

Initial Entry Clearance application:

Applicants should:

• be at least 18 years old;
• must not have previously set up a business in the UK;
• be endorsed by an authorised body – this can be either from a UK higher education institution or a business organisation who has previously supported UK entrepreneurs;
• provide an endorsement letter issued by the endorsing body;
• have a sufficient amount of personal savings to support yourself while you are in the UK;
• meet the English language requirement of at least CEFR Level B2 in reading, writing, speaking and listening. There are two exceptions which may apply, depending on your specific circumstances.

The applicant can work in another job along with work for the start-up business and their dependants can also accompany them to the UK.

You can contact us +91-9633746454 or info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to UK Startup visa.

Tier 2 (Sportsperson)

The Tier 2 (Sportsperson) category is for elite sportspeople and coaches who are internationally established at the highest level and will make a significant contribution to the development of their sport. Each application will need to be endorsed by the sport’s governing body in the country.

At Irish Expert we provide advice and assistance to enable Tier 2 Sportsperson to apply for their entry clearance visa application.

You can contact our UK Immigration experts on +91 9633 746454 or email us at info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to applying as UK Tier 2 Sportsperson.

UK Tier 2 sponsor licence

The Tier 2 visa category was earlier known as Work Permit visas and there after as Tier 2 General work visa. It has now been replaced from Tier 2 General work visa to UK Skilled Worker visa.

The Home Office licensed UK employers holding Tier 2 sponsor licence can endorse the migrants to work in the UK under the said category. There are various subcategories of Tier 2 visa UK including:

• Tier 2 General now known as Skilled Worker visa
• Intra company transfer
• Tier 2 Minister of religion
• Tier 2 sportspersons

If you are a UK business considering sponsoring migrant workers under the points-based system and would like to find out whether you can be a Tier 2 visa sponsor, or how to apply for a Tier 2 sponsor licence or how you can sponsor Tier 2 migrants when you have a licence, and what your duties are as a Tier 2 sponsor. We are a call away and we can answer your questions pertaining to your case.

A UK employer will need a Tier 2 sponsor licence to employ someone from outside the European Economic Area (EEA) and Switzerland to work for you in the UK. This includes unpaid work, like running a charity.

As UK employer the company can apply for Tier 2 sponsor licence depending on their requirement:

• Skilled workers with long-term job offers
• Healthcare and worker visa
• Intra company transfers

UK employers can apply for a sponsor licence covering either Tier 2 or Tier 5 or both.

Tier 2 Sponsor Licence

A Tier 2 licence allows employers to bring in skilled workers who will be employed on a long term basis. Tier 2 licence holders can bring applicants in the UK on the following sub categories:

• Skilled worker – the role must meet the job suitability requirements
• Intra-Company Transfer – for multinational companies which need to transfer employees to the UK
• Tier 2 Minister of Religion – for people coming to work for a religious organisation (for up to 3 years)
• Tier 2 Sportsperson – for elite sportspeople and coaches who will be based in the UK

At Irish Expert our UK Immigration experts have helped companies in different industries including Information Technology, Mobile telephony, App development, Gems & Jewelery, Industrial goods manufacturers, Engineering goods, Health & wellness companies to successfully apply for Tier 2 sponsor licence.

Sponsor Licence Renewal

After the initial granting of a Sponsor Licence, the licence will be considered valid for a period of four years after which it must be renewed. Failure to renew a Sponsor Licence leads to an inability to employ your non-EU workers, and will result in strict penalties and fines if an unlicensed employer continues to employ these workers.

At Irish Expert, we have experience with Sponsor Licence renewals, and are available to assist you with this process.

Tier 2 General

You can apply for a Tier 2 (General) visa if you’ve been offered a skilled job in the UK and you’re from outside the European Economic Area (EEA) and Switzerland.

Skilled worker visa category is for foreign nationals who have been offered a skilled job to fill a gap in the workforce that cannot be filled by a settled worker.

Tier 2 General is a Point Based Category and points can be awarded for

• Been granted a Certificate of Sponsorship (CoS),
• Earning appropriate Salary,
• Meeting the English language requirement – B1 level and
• Having relevant funds for maintenance.

If you want to apply for a Skilled worker visa, you must be sponsored by a UK employer who has the Tier 2 sponsor license. The applicant must comply with all the requirements of codes of practice for employers including the job level, minimum salary, meeting English language and maintenance funds.

Initial Entry Clearance

To qualify for this visa, migrants will be required to score 70 points.

The applicable 70 points threshold for a Skilled Worker visa is made up of 50 points for mandatory or ‘non-tradeable’ criteria (ie; the job offer, speaking English and the requisite skill level for the job on offer), and 20 points for what’s classed as ‘tradeable’ criteria.

The Skilled Worker visa general minimum salary threshold is £25,600 per year, unless the ‘going rate’ for the particular role is higher. Every occupational code is assigned a going rate.

Roles that fall below the required skill level of below RQF3, which is the equivalent of an A-level, will not be eligible for the skilled visa route.

If you have received a Certificate of Sponsorship from a UK employer or if you are a UK employer and want to apply for a Certificate of sponsorship you can contact our UK Immigration experts on +91 9633 746454 or email us at info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to UK Skilled Worker visa.

Dependents of Skilled worker migrant

Family members of migrants who are in the UK as Skilled Worker visa holder would be allowed to enter the UK as dependents if they are from outside European Economic Area (EEA).A ‘dependant’ is any of the following:

• husband, wife or partner
• child under 18
• child over 18 if they’re currently in the UK as a dependant

Dependants applying from outside the UK

If the dependants meet all the relevant requirement of the dependant visa, then they would be required to apply online. And also would be required to have their fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of their application.

Dependants applying in the UK

In certain cases the dependants can apply to extend or switch their visas to stay with the migrant if they’re already in the UK. They should apply using the dependant application form.

They can apply at the same time as the primary applicant or at a later date by post, or in person at a premium service centre.While applying for dependent visa it is not possible for the applicant to ‘switch’ the visa from within the UK, this means that Family members can’t apply in the UK as dependant if they hold a visitor visa and have entered the country on a visitor visa. The applicants will be required to return to their home country to make a fresh application.

The visa is granted for the same duration as the visa of the main applicant.

For dependant children all arrangements for children’s care and accommodation in the United Kingdom must comply with relevant United Kingdom legislation and regulations.

For all dependant visa applications it is necessary to show that the applicant and the sponsor will be able to support themselves without any recourse to public funds. This is also called as the maintenance funds requirement.

Intra Company Transfer

This category is for employees of multinational companies who are being transferred by their overseas employer to a UK branch of the organisation, as who are being transferred by their overseas employer to a UK branch of the organisation on a long-term basis or transfer of graduate employees for 12 month period. There are 2 sub-categories:

• Long-term staff – for established, skilled employees to be transferred to the UK branch of their organization for more than 12 months to fill a post that cannot be filled by a new recruit from the resident workforce. This requirement is waived if the applicant is being paid a salary of £ 73,900 or more to work in the UK.
• Graduate trainee – this route allows the transfer of recent graduate employees to a UK branch of the same organization, the employee must have worked for at least 3 months with the overseas employer.

If you are a company who wants to send employees to the UK you can contact our UK Immigration experts on +91 9633 746454 or email us at info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to UK Intra Company Transferee.

Dependents of Intra Company Transfer migrant

Family members of migrants who are in the UK as Intra Company Transfer visa holder would be allowed to enter the UK as dependents if they are from outside the European Economic Area (EEA).A ‘dependant’ is any of the following:

• husband, wife or partner
• child under 18
• child over 18 if they’re currently in the UK as a dependant

Dependants applying from outside the UK

If the dependants meet all the relevant requirement of the dependant visa, then they would be required to apply online. And also would be required to have their fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of their application.

Dependants applying in the UK

In certain cases, the dependants can apply to extend or switch their visas to stay with the migrant if they’re already in the UK. They should apply using the dependant application form.

They can apply at the same time as the primary applicant or at a later date by post, or in person at a premium service centre.

While applying for the dependent visa it is not possible for the applicant to ‘switch’ the visa from within the UK, this means that family members can’t apply in the UK as a dependant if they hold a visitor visa and have entered the country on a visitor visa. The applicants will be required to return to their home country to make a fresh application.

The visa is granted for the same duration as the visa of the main applicant.

Tier 2 (Minister of Religion)

You can apply for Tier 2 Minister of religion if you have been offered a job for example as a minister of religion, missionary, or member of a religious order within a faith community i.e. a community of people sharing the same religious faith e.g. a religious order, temple trust, church etc. in the UK

Typically the Pastoral duties can include::

• leading worship regularly and on special occasions;
• giving religious education to children and adults by preaching or teaching;
• officiating at marriages, funerals and other special services; and
• offering counselling and welfare support to members of the congregation; and
• recruiting, training and co-ordinating the work of any local volunteers and lay preachers.

In addition to preaching and teaching work as a missionary can include:

• the organisation of missionary activity (but should not be administrative or clerical, unless filling a senior post);
• supervising staff;
• co-ordinating the organisation of missionary work;
• being in charge of a particular activity such as accounts/finance, personnel management or IT; and
• translating religious texts – this is missionary work, not clerical work.

The work in a religious order must be in the order itself, or outside work directed by the order.

If you are a member of a religious order and you want to study for a qualification, a formal full-time course of study or training in an academic institution not looked after by the order, you should not apply to Tier 2 (Minister of religion. Instead, you should apply as a student under Tier 4 of the points-based system.

At Irish Expert we provide advise and assistance to enable Tier 2 Minister of Religion to apply for their entry clearance visa application.

Our clients in UK or India can speak to our Tier 2 Minister of Religion Visa Consultant on +91 9633 746454 and book your appointment with our Experts.

Applicants for this visa category are 16 years or older and want to come to the UK for their post-16 education. Applicants are required to obtain an unconditional acceptance from a licensed Tier 4 sponsor and demonstrate adequate funds to support themselves (and their dependents) for the length of their course.

Applicants who have received a confirmation of Acceptance for studies (CAS) can apply within 6 months of receiving the CAS. Applicants can enter the UK before their course starts, generally this is up to 1 week before, if the course lasts 6 months or less and up to 1 month before, if the course lasts more than 6 months, its best to check this at the time of application.

Speak to our Experts on +91 9633746454 or info@irishexpert.com and book your appointment for a Consultation to know about the specific visa category and how you can apply for permission to remain the UK as a student.

Switching to Student visa

Applicants can apply to switch to a Tier 4 (General) student visa if they are in the UK under any of the following visas or schemes:

Tier 4 (Child) postgraduate doctor or dentist student (under the rules in place before 31 March 2009) Science and Engineering Graduates SchemeInternational Graduates Scheme student re-sitting an examination Fresh Talent: Working in Scotland Scheme

Extending Student visa

Applicants who are in the UK on a Tier 4 Student visa can apply for extension of their student visas to continue their same course or to apply for a new course. To apply for an extension, the applicant (and their dependents) must be in the UK and should have an unconditional offer from their licensed Tier 4 sponsor. In addition, the applicants need to demonstrate adequate funds to support themselves and their dependents.

Normal processing time for an extension application is about 8 weeks, however priority appointments can be opted for by paying extra fees.You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your Student visa extension for the UK.

Dependents of Student visa

Applicants who are in the UK on a Student visa can apply for their family members (dependants) to join or remain with them in the UK. A dependent is either husband, wife or civil partner, unmarried or same-sex partner or child under 18 years old – including if they were born in the UK (while the applicant was in the UK).

To be eligible to bring dependents to the UK the main applicant must be sponsored by a higher education institution on a course at level 7 on the Ofqual register or above that lasts 1 year or more or a new government-sponsored student on a course that lasts longer than 6 months or a Doctorate Extension Scheme student

The main applicant must show that there is adequate money available to the dependants in addition to the money you must have to support themselves. The maintenance funds for the dependents are decided on the length of the course, whether the main applicant is in inner London or outer London and if they are currently studying. The maintenance funds are to be in the bank account of the main applicant or their dependent for at least 28 days before you or they apply.

Dependents would also be required to pay a health surcharge for the time they are in the UK.You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your dependents to join you dependents.

Child student visa

The Child Student visa category is for children coming to the UK to be educated between the ages of four and 17 years old. Children between four and 15 years old must be educated at independent fee-paying schools. Students cannot study at publicly funded schools. The applicants will require consent from parent or guardian and have adequate funds to support themselves in the UK.

If the applicants are aged 16 or over then they can work part-time during term for up to 10 hours per week; full-time during vacations; on a work placement as part of your course, (but not for more than 50% of your course time); as a student union, sabbatical officer for up to 2 years.

Extending Child student visa

Applicants who are in the UK on a child Student visa can apply for extension of their student visas to continue their same course or to apply for a new course. To apply for an extension, the applicant (and their dependents) must be in the UK and should have an unconditional offer from their licensed Tier 4 sponsor. In addition, the applicants need to demonstrate adequate funds to support themselves.

Normal processing time for an extension application is about 8 weeks, however priority appointments can be opted for by paying extra fees.

You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your Student visa extension for the UK.

Parent of (Child) student visa

Parents of children who are enrolled on independent fee paying day schools in the UK and have a second home outside the UK can apply as Parents of (child) student. The applicants will need to demonstrate that they have adequate funds to support themselves in the UK without recourse to public funds and that they plan to leave the UK at the end of their visit. The child must be under 12 years studying or about to start studying at independent fee paying school.

You can contact us if you are seeking legal help from UK visa consultants in relation to applying for visa as a Parent of Child student visa.

If you would like to ascertain your eligibility for this category we would advise you to book an appointment on +91 9633746454 or info@irishexpert.com with our UK Immigration Solicitors to discuss the merits of your case.

Tier 5 Visa Overview

The Tier 5 visa allows entry to work in the UK in a number of different circumstances, such as for charity workers, entertainers, diplomatic staff, and sportspeople. Most Tier 5 workers need a job offer from a licensed Tier 5 sponsor in the UK, but people from one of the small number of Countries whose nationals can come under the Youth Mobility Scheme can gain entry without a job offer.

Tier 5 visa categories:

Tier 5 (Temporary Worker – Charity Worker) visa: For workers who have an unpaid/voluntary job offer and a certificate of sponsorship from a UK charity with a valid Tier 5 sponsorship licence. The job taken must be directly related to the sponsor charity’s work.

Tier 5 (Temporary Worker – Creative and Sporting) visa: For very highly skilled workers who have a job offer as a sportsperson or creative worker – such as a musician or actor – in the UK, and a certificate of sponsorship from a UK employer with a valid Tier 5 sponsorship licence. Sportspeople on this visa must be internationally established at the highest level in their sport, and/or their job must make a significant contribution to the development and running of sport at the highest level.

Tier 5 (Temporary Worker – Government Authorised Exchange) visa: For workers coming to the UK through an approved government authorised exchange scheme. This visa allows the worker to do work experience, training, academic research or a fellowship, and to take part in an Overseas Government Language Programme.

Tier 5 (Temporary Worker – International Agreement) visa: For workers who have a job offer that is covered by international law, such as embassy and diplomatic household workers, and a certificate of sponsorship from an organisation with a valid Tier 5 sponsorship licence. This includes workers under the General Agreement on Trade in Services (GATS) and similar agreements.

Tier 5 (Temporary Worker – Religious Worker) visa: For workers offered a job, such as preaching or work in a monastery or convent, by a religious order in the UK.

Tier 5 (Youth Mobility Scheme) visa: For workers aged 18 – 30 from a limited number of countries who wish to live and work in the UK for up to 2 years. This scheme replaced the Working Holiday visa, though it’s important to note that far fewer people gain entry under the new scheme.

Tier 5 Sponsor Licence

A Tier 5 licence is for skilled workers who want to be employed on a temporary basis.

Tier 5 licences are split into the following sub categories:

• Tier 5 Creative and Sporting – to work as a sportsperson (up to 1 year), entertainer or artist (up to 2 years)
• Tier 5 Charity Worker – for unpaid workers (up to 1 year)
• Tier 5 Religious Worker – for those doing preaching, pastoral and non-pastoral work (2 years)
• Tier 5 Government Authorised Exchange – work experience (1 year), research projects or training, eg practical medical or scientific training (2 years) to enable a short-term exchange of knowledge
• Tier 5 International Agreement – where the worker is coming to do a job which is covered by international law, e.g. employees of overseas governments

The Sole Representative Visa is suited for businesses who want to establish a presence in the UK and allows individuals to come to the UK as a representative of an overseas business. The business can be a Limited company, private limited, LLP, Partnership or even a sole proprietorship. Individuals will be permitted to set up a UK branch or wholly owned subsidiary of their existing business. Most companies choose to send a single senior employee to the UK to test the market and develop a presence in the market.

Indefinite leave to remain (ILR) can be achieved after 5 years in the Representative of an Overseas Business visa category.

As a sole representative of an overseas business, you may be able to come to the UK under the sole representative visa if you are:

• the sole representative of an overseas company, intending to set up a wholly owned subsidiary or register a UK branch for an overseas parent company; or
• an employee of an overseas newspaper, news agency or broadcasting organization posted on a long-term assignment to the UK

At Irish Expert our UK Immigration experts have helped representatives of overseas businesses in diverse industries, including hospitality, gems & jewelry, Information Technology, Health & wellness, Electronics, Leather goods manufacturers, agricultural food processing companies and industrial products.

Our UK Immigration Experts have supported in their expansion of businesses to the UK by enabling their key representatives to move there to set up their branch/subsidiary.

If you are looking for UK visa consultants for assistance with sole representative visa application, you can contact us +919633746454.

Sole Representative visa – employee of overseas newspaper, news agency, broadcast organisation

A Sole representative visa can also be applied for by an employee of an overseas newspaper, news agency, or broadcasting organisation, who is being posted on a long-term assignment as a representative of the media company.

It is possible for the overseas media company to have more than one representative in the UK at the same time.

Extending your UK Sole Representative visa

If you are already in the UK as either a representative of an overseas business or an employee of an overseas newspaper, news agency or broadcasting organization, then you would be eligible to apply for an extension of your visa. You would need to provide evidence that:

• you are still working for the same employer
• you’re still working to establish the company’s first presence in the UK
• your employer’s principal place of business is still outside the UK

Any dependents who have joined you in the UK can also apply with you at the same time for an extension.

At Irish Expert our UK Immigration experts advise sole representatives of overseas business as well as representatives of an overseas newspaper, news agency or broadcasting organization on extending their leave on a UK Sole representative visa. You can contact us if you are seeking legal help from UK visa consultants in relation to the extension of your UK sole representative visa.

Dependents of a UK Sole Representative Visa

Dependent Family members of Sole Representative visa holders can apply to join the main applicant in the UK. Dependents can be either husband, wife or partner of the main applicant or children below the age of 18 years of the main applicant. Dependents of sole representative visa holders can take up employment or enroll in study programs. They are also eligible to apply for an extension of their visas along with the main applicant.

You can call us on +91 9633746454 or email us at info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to applying for your dependents to join you in the UK.

Indefinite Leave to Remain (ILR) – Sole Representative visa

Applicants who have been granted entry clearance to enter the UK to set up a branch, wholly owned subsidiary of the overseas business or as an employee of an overseas newspaper, news agency or broadcasting organization, may be granted indefinite leave to remain if they:

• Have spent a continuous periods of five years in the UK as a representative of an overseas business and/or overseas media representative or sole representative (or any other permissible categories)
• Have met the requirements to be a representative of an overseas business throughout the five year period.

The UKVI may carry out additional checks to ascertain their employment through end-of-year tax returns (P60s) and salary slips, in addition to inquiring about evidence of the work done by that branch/subsidiary including that their employer is still actively trading and is centered overseas.

If you are considering applying for an indefinite leave to remain as a sole representative of an overseas business, you can book an appointment with our UK immigration consultants to ascertain your eligibility and to obtain a tailor-made list of documents in support of your settlement application.

You can contact us if you are seeking legal help from UK visa consultants in relation to an ILR application under a UK sole representative visa.

If you would like to ascertain your eligibility for an entrepreneur visa UK, you can book an appointment for an initial consultation with our UK Immigration experts by calling us on +91 9633746454 or email us at info@irishexpert.com.

We understand that applying for an entrepreneur visa UK can be challenging given the vast amount of information available on the topic. However, you can take away the hassle by opting for a full representation service.

The short-term study immigration route allows non-EEA nationals to come to the UK to undertake a short period of study where the duration is less than six months or a part-time course where attendance in Cambridge is only required for short periods.

Do not assume that you can study without a visa, even if you are allowed to visit the UK as a tourist. An immigration status as a standard visitor / tourist does not permit the holder to enter the UK for the purpose of study.

You will need a letter to support entry to the UK as a short-term student. Letter of Acceptance to Studies.

Restrictions of the short-term study visa

• You cannot take employment in the UK (including part-time or full-time vacation employment);
• You cannot undertake a work placement/internship (paid/unpaid) as part of the course of study;
• You cannot work on a self-employed basis in the UK or be involved in business activities;
• You must leave the UK within 30 days after the end of your study period or before your leave expires, whichever is earlier;
• You cannot extend your stay in the UK;
• You must demonstrate you have the funds to support yourself during your studies in the UK.

Prospective student

This route is for people who need to finalize their arrangements for their Tier 4 course of study in the UK. You can visit the UK as a prospective student if you intend to study in the UK under Tier 4 of the points-based system but you have not completed all the arrangements for your course of study. For example, you can come here as a prospective student if you have been provisionally accepted on a course, with final acceptance dependent on an interview.

You can contact us if you are seeking legal help from UK visa consultants in relation to applying for a Short Term Study Visa or Prospective student visa to the UK. You can call our office on +919633746454 or info@irishexpert.com today to book your appointment with our UK Qualified Solicitors to know which visa category is correct for you.

UK Visit Visa

The United Kingdom is one of the most popular tourist destinations in the world. Sightseeing, visiting family and friends, travelling, business trips, and even medical visits make the six-month Visitor Visa the most popular category for travellers to the UK.

A UK visit visa allows a person to travel and stay in the UK for up to six months.

Standard Visitor Visa

The scope of the UK Visit Visa is exhaustive in nature especially for those travelers who wish to visit UK for short term basis for reasons ranging from fulfill their Instagram wanderlust goals to undertaking business activities such as attending a meeting or conferences as the UK is an established hub for commercial activities. Let’s have a look at the 9 categories for the UK Standard Visitor Visa Options.

This Standard Visitor Visa has replaced 9 visa categories, namely:

• Family Visitors
• General Visitor Visa
• Child Visitor Visa
• Sports Visitors
• Business Visitor Visa, including visas for academics, doctors and dentists
• Entertainer Visitor Visa
• Prospective Entrepreneur Visa
• Private Medical Treatment Visitor Visa
• Approved Destination Status (ADS) Visa

The most basic eligibility criteria to be qualified to enter UK under the UK Standard Visitor Visa options can be listed down as follows:

• The person will leave the UK at the end of the visit and is able to sustain themselves without any access to public funds throughout their visit.
• The person has to prove any activity they want to pursue under the comprehensive list of Visitor’s Rules.

Child Visitors

To come to the UK as a child visitor, you must be under 18 years old and be visiting the UK for no more than 6 months (or 12 months if you’re travelling with an academic visitor). In addition you should have made suitable arrangements for your travel to and your stay in the UK and have consent from your parent or guardian for your trip to the UK. There should be adequate funds to be able to pay for your return or onward journey and have enough money to support yourself without working or help from public funds, or have relatives and friends who can support and house you.

Call our office on +91 9633746454 today to book your appointment with our UK Qualified Solicitors to know which visa category is correct for you.

General Visitor Visa

If you want to visit the UK as a tourist or to stay with friends in the UK, you should apply to come here as a general visitor (or as a child visitor if you are under 18). There are restrictions on what you can do in the UK in these visitor categories. For example, you cannot get married or work.

UK visit visa requirements.

The first and the foremost UK visit visa requirement is to know the purpose of your visit as the Standard Visitor Visa with sub-categories such as Family visitor visa, general visitor visa, child visitor visa, business visitor visa, entertainer visitor visa, prospective entrepreneur visa, private medical treatment visitor visa.

The second most important aspect of this whole ordeal is the documentation aspect which is the leading cause of most rejections – It is important that the visa applicants correctly list the appended information for their visit visas:

1. the dates you’re planning to travel to the UK
2. details of where you’ll be staying during your visit
3. how much you think your trip will cost
4. your current home address and how long you’ve lived there
5. your parents’ names and dates of birth
6. how much you earn in a year
7. details of your travel history for the past 10 years (as shown in your passport)
8. your employer’s address and telephone number
9. your partner’s name, date of birth, and passport number
10. the name and address of anyone paying for your trip
11. the name, address and passport number of any family members you have in the UK
12. details of any criminal, civil or immigration offences you have committed, you need to have a written consent of your guardian & full contact details with you as well.

The third and final of the UK visit visa requirements necessary for completing this process is to locate your nearest VFS centre where you will have to submit your biometrics to complete the requirement process.

It is to be noted that the category of Standard general visa is extremely wide and it is very difficult to comprehend the expansive nature of Standard general visa especially if you’re applying for the first time. This whole process may seem extremely daunting. We at Irish Expert, our UK visit visa consultants are here to provide you with our expertise and knowledge with the help of our UK qualified solicitors who have over 10 years of experience in UK immigration law.

Family visitors

You can apply for a Family Visitor visa if you’re visiting a family member in the UK and you’re from outside the European Economic Area (EEA) and Switzerland. Also your family member must also be either a British citizen or settled in the UK or have been granted asylum in the UK or under humanitarian protection in the UK.

Call our office on +91 9633746454 or info@irishexpert.com today to book your appointment with our UK Qualified Solicitors to know which visa category is correct for you.

Student Visitors

If you want to study in the UK for up to 6 months (or up to 11 months if you will be studying an English Language course), and you will not work while you are here, you can come here as a student visitor (or as a child visitor if you are under 18).

If you intend to study in the UK under Tier 4 of the points-based system, but you have not completed the arrangements for your course of study, you might be able to apply for a visa as a prospective student.

If you have a child aged under 12 who will be studying in the UK under Tier 4 (Child) of the points-based system, you can apply to accompany them as a parent of a child at school.

Permitted paid engagement

If you would like to come to UK to do specific paid work without having to be sponsored under the points-based visa system then this could be a preferred category.

Approved Destination Status (ADS) Visa

Chinese nationals can visit the UK through the Approved Destination Statement agreement (ADS), if they are a part of a group and will visiting for maximum of 30 days. The tour will have to be conducted by an ADS licensed Chinese tour operator and the group should have at least 5 people to be qualified under the ADS Visitor Visa.

Prospective Students

For people who need to finalize their arrangements for their Tier 4 course of study in the UK. You can visit the UK as a prospective student if you intend to study in the UK under Tier 4 of the points-based system but you have not completed all the arrangements for your course of study.

For example, you can come to UK as a prospective student if you have been provisionally accepted on a course, with final acceptance dependent on an interview.

Call our office on +91 9633746454 or info@irishexpert.com today to book your appointment with our UK Qualified Solicitors to know which visa category is correct for you.

Prospective entrepreneurs / Business Visitors Visa

You can apply for UK Business visit visa [sometimes also referred to as UK Business visitor visa] if you would like to visit the UK for business-related activities, for example:

• visiting the UK for a conference, meeting or training
• visiting UK to take part in a specific sports-related event
• visiting the UK for a performance if you’re an artist, entertainer or musician
• visiting the UK for research purposes or accompanying students on a study abroad program [you will be required to demonstrate that you are an academic]
• visiting the UK for clinical attachment or as a observer if you’re a doctor or dentist
• visiting the UK to take the Professional and Linguistic Assessment Board (PLAB) test or sit the Objective Structured Clinical Examination (OSCE)
• visiting the UK to get funding to start, take over, join or run a business in the UK. [this refers to obtaining funding from the UK to start, take over, join or running a business and not actually running a business]

At Irish Expert our immigration solicitors have provided expertise to applicants seeking Parents of children at school to apply for UK Business visit visa.

Call us on +91 9633746454 or email us at info@irishexpert.com to book an initial consultation with our UK Business visit visa consultants.

Transit Visa

If you want to come to the UK for up to 48 hours on your way to another country, you can come here as a visitor in transit. UK Visitor visas can be granted for a minimum of 6months to even 10 year multiple entry visit visas.

Entertainer visitor

This category is suited for individuals who would want to visit the UK You must be coming to the UK to take part in 1 or more specific performances as an individual amateur entertainer or as an amateur group or perform at a major arts festival or cultural event on the permit-free festival list or take part in musiccompetitions or be part of the technical or support staff at the same event as a performer on an Entertainer Visitor visa, eg a sound engineer, tour manager or press officer.

Sports Visitor Visa

Sportsmen visiting the UK for a short period of time to participate in tournaments or events will require a Sports Visitor Visa. This can include individuals participating in charity events, promotional sports activities, or are part of an amateur sports team. The visa also includes sports Visitors for marriage or civil partnership visitors on trials, provided the trials are not held in front of an audience.

Visitors for private medical treatment

If you want to receive private medical treatment in the UK, you should apply to come here as a visitor for private medical treatment.

Visitors for marriage or civil partnership

If you want to get married or register a civil partnership in the UK, and you intend to leave the UK soon after the ceremony, you should apply to come here as a visitor for marriage or civil partnership. If you want to live in the UK after you get married, you will need to apply under a different category, speak to our Experts on +91 9633746454 or email us on info@irishexpert.com and book your appointment for a Consultation to know more about the same.

An overview of UK Spouse Visa by our expert UK Spouse Visa Consultant India

• UK spouse visa is a category of UK visa for applicants who are married to or in a relationship with a British Citizen or a settled person Indefinite leave to remain (ILR).
• A non- EEA national can apply for a spouse settlement visa to join their partner who is a British Citizen or settled person. This is a settlement visa and the initial entry clearance is for 33 months.

UK Spouse visas are sometimes referred to colloquially as UK spousal visa, UK marriage visa (as these terms are related to the word marriage) and at times even UK husband visa or UK wife visa.

Eligibility Note: UK spouse visa, UK unmarried partner visa, UK same sex partner visa, UK civil partner visa have the same eligibility requirements with regards to the financial requirements, English language requirement and housing space standards.

Who can apply for UK Spouse Visa?

In order to be eligible for the Spouse Visa UK, the applicant is required to meet the UK Spouse Visa requirements laid out by the immigration laws. These requirements state that the applicant and the sponsor must both:

• Be at least 18 years old;
• Not be related to each other in a way that would be impermissible for marriage according to the UK Law;
• Have met in person;
• Be in a genuine and subsisting relationship;
• Be in a valid marriage or civil partnership in accordance with the UK law (if married or in a civil partnership);
• Meet the suitability requirements;

The sponsor can be either:

• A British citizen or
• A settled person in the UK (they must have the ‘Indefinite Leave to Remain’ or proof of permanent residence); or
• A holder of refugee status or under humanitarian protection in the UK

Note: UK spouse visa rules provide that if the applicant is in the UK with permission to work then their income can also be considered to meet the requirement. Savings held by the applicant can also be considered.

UK Spouse Visa requirements further entail that the sponsor:

• Meet the gross annual income threshold of at least £18,600 or alternatively provide evidence for savings of £62,500.
• Provide adequate accommodation in accordance with the UK housing space standards.

Note: UK Spouse Visa rules provide that if the applicant is in the UK with permission to work then their income can also be considered to meet the total income requirement. Savings held by the applicant can also be considered.

UK Spouse Visa requirements state that the applicant must:

• Meet the English language requirement;
• Have taken a TB test (if they are from a country on the Home Office’s list of prescribed countries);
• Not have any adverse immigration history (overstaying, breaching conditions, illegal entrant, using deception in an application)
• Not fall under the mandatory general grounds of refusal.

Both applicant and sponsor are required to prove that they:

• Are in a genuine and subsisting relationship; OR
• Have been living together in a relationship for at least 2 years at the time of application.

UK immigration Rules are subject to change. If you would require advice specific to your UK Spouse Visa circumstances, call our UK Immigration experts on +91 9633746454 or email us at info@irishexpert.com

How to apply for a UK Spouse Visa

The applicant needs to make a UK spouse visa application to the Home Office. The applicant can make this application from overseas or from within the UK [subject to meeting the requirements].

The applicant, sponsor or their representative is required to complete an online application form, an appendix and provide the relevant supporting evidence in support of the application. They are required to pay the UK spouse visa fee and Immigration Health Surcharge as part of the process.Home Office rules as of 2018 require that the applicant, sponsor or their representatives send all documents to the visa processing office in Sheffield by courier. The applicants are required to submit their biometrics and Passport to the local Visa Facilitation Service (VFS).

How long does the UK Spouse visa application take?

The current processing times as of November 2017 for UK Spouse visa are:

• Within 12 weeks if you apply outside the UK
• Within 8 weeks if you apply in the UK

If the applicant has applied for spouse visa extension, the applicant can avail the premium service and receive a decision on the same day.

Note: You will be contacted by the UKVI Home Office if your application is complex and it is likely to take longer.

English Language requirement to get a UK spouse visa in 2018?

According to UK Immigration rules, applicants for UK spouse visa are required to provide evidence that they meet the English Language requirement. An applicant can meet the English language requirement in either of the following ways:

Education qualification

• The applicant can submit their degree or academic qualification which is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher.
• You have a degree or academic qualification that was taught or researched in English.

English Language test

• The applicant is required to pass the International English Language Testing System (IELTS) with at least a CEFR level A1 in speaking as well as listening and provide the pass certificate.

Applicants are exempted from meeting the English language requirement if:

• The applicant is over 65
• The applicant has a physical or mental condition that prevents you from meeting the requirement.
• You are a national of a majority English speaking country.
• The applicants are being taught from a UK university and have a degree confirming the same.

Financial requirement to get a UK Spouse visa in 2018

• The minimum financial requirement for a UK Spouse visa is to evidence gross annual income of £18,600 or alternatively evidence savings of £62,500.
• In certain circumstances you may be able to combine your income with savings to meet the financial eligibility requirement.
• The decision makers cannot exercise any discretion or flexibility with regard to the level of the financial requirement that must be met.

Renewal of UK Spouse Visa

The applicant after completion of 30 months, can further apply for UK spouse visa extension and can stay for an additional 30 months which can take the applicant’s total time in the UK on this visa up to five years. At the time of extension of the UK spouse visa, the applicant is required to meet the spouse visa requirements for ‘leave to remain’ in the UK. UK spouse visa extension applications can be submitted by post or by visiting the Premium Service Centres (PSC) for same day processing.

ILR UK Spouse Visa

After completion of stay on a UK Spouse Visa, applicants can then further extend their stay, given that they are still married and living in the UK with their spouse, and continue to meet the maintenance requirements. If the applicant has lived up to 5 years through extension of their spouse visa, they are eligible to apply for an Indefinite Leave to Remain (ILR).

If you would like to confirm your eligibility for a UK spouse Visa, or have had a UK Spouse Visa refused, you can book an appointment for an initial consultation with our UK immigration experts. Call us on +91 9633 746454 or email us at info@irishexpert.com

We understand that applying for a UK Spouse Visa can be challenging given the vast amount of information on the topic. You can be free of all the hassles by opting for a full representation service.

Frequently asked questions for UK spouse visa

Is the UK spouse visa a settlement visa?

Yes a UK spouse visa holder is eligible for settlement in UK. This is also understood as marriage settlement visa. In this category the sponsor can bring their spouse to the UK. Anyone who is married to a British citizen or person settled in the UK can apply for a UK spouse visa if they meet the spouse visa requirements. The spouse can permanently join their spouse in the UK after applying for an entry clearance application from outside the UK.

What if I extend my stay on a UK Spouse visa?

Yes, the applicant can apply for a spouse visa extension and can stay for an additional 30 months which can take the applicant’s total time in the UK on this visa up to five years.

How can my wife on a UK spouse visa become a British citizen?

Any applicant (husband/wife) who has been granted a UK spouse visa can apply for extension of leave to remain. If they have lived in the UK for 5 years and meet the requirements of indefinite leave to remain(ILR) – they can apply for ILR. After they have been granted an ILR you may be eligible to apply for naturalization as a British citizen.

What is the fee for extension of a UK Spouse visa?

UK visa fees are subject to change; you should always check the latest fees on the Home Office website at the time of applying.

Entry Clearance Application for the UK Spouse visa?

The applicant needs to make a UK spouse visa application to the Home Office. The applicant can make this application from overseas or from within the UK [subject to meeting the requirements]

The applicant, sponsor or their representative is required to complete an online application form, an appendix and provide the relevant supporting evidence in support of the application. They are required to pay the UK spouse visa fee and Immigration Health Surcharge as part of the process.

Home Office rules as of 2018 require that the applicant, sponsor or their representatives send all documents to the visa processing office in Sheffield by courier. The applicants are required to submit their biometrics and Passport to the local VFS.

Meeting the minimum income requirement for Spouse visa UK

The government since 2017 has introduced the minimum income threshold for a British or settled person wishing to sponsor their Non-EU Spouse / partner for a UK spouse visa without dependent children, is £18,600.An additional gross annual income of £3,800 is required for the first child sponsored in addition to the partner and an additional £2,400 for each further child.

Note: If the financial requirement and other requirements are not met, all the applicants will be refused.

Can dependants enter the UK on a spouse visa?

Children under 18 years of age can enter the UK as their parent’s dependants. The applicant can make an application for their dependant at the same time when they make their spouse visa application.

Note: That the sponsor must show income of £22,400 if one child is accompanying the applicant. The level of minimum income varies depending on the number of dependant children being sponsored.

UK Spouse Visa refused? What next? When to re-apply?

If your UK spouse visa application has been refused- you would be eligible to file an appeal if you feel the decision is incorrect. Any UK spouse visa refusal application is assessed in entirety in order to understand whether the application has merits for an appeal. Over the past 10 years we have come across a wide variety of complex cases with refusals on different parameters.

It indeed becomes a tense situation to see a refusal but the applicants should understand that such applications need to be closely and carefully dealt with while being assessed in order to see whether filing for a fresh application or filing an appeal would be a win-win solution or not.

Our UK Immigration experts have expertise to deal with UK Immigration matters so if you have any queries regarding UK Immigration you can contact our Immigration experts at +91 9633746454 or email us at info@irishexpert.com.

Can I apply to switch into UK Spouse Visa?

Yes, the applicants visiting the UK on a fiancé visa and unmarried partner visa can avail the option to switch into UK spouse visa subject to them meeting the relevant eligibility requirements.

Can I work in the UK on my UK Spousal Visa?

Yes, once the applicant receives their spouse visa they are permitted to work in UK.

Applicants will need to apply under the ‘family of a settled person’ visa if they are from outside the European Economic Area (EEA) or Switzerland and want to join, for 6 months or more, their partner or family member who is living in the UK permanently.

While processing times can vary depending on the post, the normal visa processing time for such applications is 12 weeks.

The ‘family of a settled person’ visa allows the visa holder to work (you can’t work if you’ve got a visa to get married or to become civil partners) or take up study courses.

UK visa applicants can submit from the following various applications to the Home Office (UKVI), being the family member of a person who is a British Citizen, or a person who is present and settled in the UK:

Fiance visa

An application as a fiance(e) can be made to the British Embassy/High Commission/Consulate for entry clearance as a fiance(e) to join a person present and settled in the UK and get married in the UK after arriving in the UK as a fiance(e).

If the application is successful, the applicant will be issued with six months leave to enter as a fiance(e) and marriage must be registered in the UK within these six months to apply for further leave to remain in the UK based on marriage. Applicants are not allowed to work at this time.

If an application for entry clearance as a fiance(e) is not successful, the applicant will have a right to appeal against the decision of the Entry Clearance Officer (ECO) to refuse the application and the notice of appeal must be filed within 28 days of the date of receipt of the refusal letter.

The applicant must meet the requirements of the Appendix FM of the Immigration Rules to qualify for fiance(e) visa.

At Irish Expert our Immigration Solicitors are experts in dealing with visa application for fiance(e) visa as a fiance(e) of a person present and settled in the UK. You can contact us if you are seeking legal help from UK immigration solicitors in relation to your application for fiance(e) visa, our immigration solicitors will provide you quick, responsive, dependable and professional immigration advice and assistance.

Proposed civil partner visa

An entry clearance application as a Proposed Civil Partner can be made to the British Diplomatic Post Overseas (British Embassy/High Commission) in order to register a Civil Partnership in the UK with a person present and settled in the UK.

Civil Partner means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004. If the application for entry clearance as a Proposed Civil Partner is successful, the applicant will be granted leave to enter the UK for six months and Civil Partnership must be registered with the Registrar in the UK within these six months. Applicants are not allowed to work during this time.

In the event that the application for entry clearance as a Proposed Civil Partner is refused by the Entry Clearance Officer, there is a right of appeal against the refusal and an Appeal can be filed within 28 days from the date of receipt of the refusal letter.

The applicant will have to meet the requirements of the Appendix FM of the Immigration Rules to qualify for this visa.

Civil Partner visa UK

An applicant who is a civil partner of a British Citizen or of a person who is present and settled in the UK can apply for UK civil partner visa.

In the event that the applicant is residing outside the UK, then an entry clearance application as a civil partner can be submitted to the British High Commission in the country of nationality or country of origin of the applicant. However, if the applicant is already in the UK (with a visa issued for longer than six months) then they can switch into civil partner visa from inside the UK by making FLR (M) application to the Home Office.

At Irish Expert our immigration solicitors have expertise in providing advice and assistance to applicants applying as civil partners of persons who are settled in the UK. You can contact us if you are seeking legal help from UK visa consultants in relation to UK Civil partner visa.

English Language requirement for Civil partner visa UK

The applicant will need to meet the English language requirement by providing specific evidence that he/she:

• • is a national of a majority English speaking country; or
  • has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by UKVI; or
  • has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
  • is exempt from the English language requirement because at the date of application:
  • the applicant is aged 65 or over;

• • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
  • there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

Financial requirement Civil partner visa UK

The sponsor (British citizen or settled person) must meet the financial requirement. The applicant must provide evidence that the sponsor’s gross annual income is at least £18,600, this requirement increases if there are children who are non EEA nationals, in such a scenario the sponsor will have to show an additional income of £3,800 for the first child; and an additional £2,400 for additional child.

The sponsor and/or the applicant can also use savings and investment to meet this requirement. This can be on its own or in a combination. To understand if you meet the financial eligibility requirement you can contact our UK immigration lawyers who will be able to advise you on how to meet financial requirements for your UK spouse visa application.

Adult Dependent Relative Visa

UK Immigration rules allow applicants to enter the UK if they are coming to the UK to be cared for. The applicants need to demonstrate that they are dependent on a:

• parent,
• grandchild,
• brother,
• sister,
• son or daughter

Who is living permanently in the UK.

In addition, the applicants would be required to prove that:

• they are aged 18 or over
• they need long-term care to do everyday personal and household tasks because of illness, disability or age
• the care required by the applicant is not available or affordable in their country of residence
• the person (sponsor) whom they would be joining in the UK will be able to support, accommodate and care for the applicant without recourse to public funds for at least 5 years

Meeting the English language requirement

Applicants applying for entry clearance as adult dependent relatives would be required to meet the English Language requirement; however the applicants are exempted from proving knowledge of English if the applicant is:

• aged 65 or over
• unable to because of a long-term physical or mental condition
• able to show that there are exceptional circumstances which prevent them from meeting the requirement

Parent of British child in UK

If you would like to come to the UK to look after your child, the following requirements would need to be met:

• the child must be under 18
• be a British citizen or settled in UK
• living in the UK

The applicant would be required to prove that either:

• they are the only parent of the child and are the only person who’s responsible for them (i.e. have ‘sole responsibility’)
• the child lives permanently with another parent or carer who’s British or settled in the UK and not the applicant’s partner, and you want to help raise them (you’ll need to prove you have access to your child in person, either agreed with the other parent or carer, or by a court order)

Also, the applicant needs to provide evidence that:

• they are taking an active role in the child’s upbringing
• be able to support and accommodate themselves without claiming public funds

If you would like to ascertain your eligibility for this category we would advise you to book an appointment with our UK Immigration Solicitors on +91 9633 746454 to discuss the merits of your case.

It’s best to seek professional advice before you proceed to save unnecessary loss of time and expense. You can contact us if you are seeking legal help from UK immigration Solicitors to apply for Fiance visa, entry clearance as parent of British child or for for Adult dependent relative visa.

The term ‘settlement’ means that the applicant can stay in the UK without any time restrictions. Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK) but is permitted to stay in the UK without any time limit and is free to take up employment or study, without restriction. It is to be noted that Indefinite leave is not a permanent status. It lapses where the holder has stayed outside the United Kingdom for a continuous period of more than two years

Indefinite Leave to Remain (ILR)

An Indefinite leave to Remain (ILR) can be granted to applicants in various visa categories. There are several categories within which to apply for an ILR. Applicants can use form SET (O) to apply for the ILR if they have been in the UK as a/an:

At Irish Expert, our UK Immigration experts have helped hundreds of clients apply for their Indefinite Leave to Remain (ILR). You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your ILR.

ILR – 10-year Long stay

UK Immigration rules recognize that applicants who have resided in the UK for longer periods of time would have formed ties to the UK. According to UK Immigration rules, a person who has completed 10 years of residence in the UK can apply for an indefinite leave to remain (ILR) on this basis. For the purposes of ILR under the 10-year long residence category, the residence in the UK must be both continuous and lawful.

Continuous residence means that the residence in the UK was for an unbroken period. For the purposes of long residence, a period is not considered broken if the applicant was absent from the UK for six months or less at any one time, and had existing leave to enter or remain upon their departure and return.

It may be appropriate for the UKVI to exercise discretion in certain cases.

You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your ILR based on your 10-year stay in the UK.

ILR – Victim of Domestic violence

UK Immigration rules allow for the ILR to be granted to certain people who have limited leave to enter or remain, or have an extension of stay, in the UK as the spouse, unmarried partner, registered civil partner or same-sex partner of a British citizen or person present and settled in the UK. This is an opportunity to applicants whose relationships have genuinely broken down, due to domestic violence, during their probationary period of leave, to be granted an indefinite leave to remain (ILR).

Domestic violence is classed as any incident of threatening behavior, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. An adult is someone who is 18 years or over. The legal definition of injury is when any harm is done to a person by the acts or omissions of another.

Knowledge of language and life in UK test is not required for victims of domestic violence. Applicants are exempt from fee payments if they meet these conditions.

If you are a victim of domestic violence and would like to evaluate your options to remain in the UK, you can book an appointment for a consultation with our UK qualified Solicitors. You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your ILR based on Domestic violence.

ILR – Bereaved Partner

Applicants can apply for settlement in the UK if they currently have temporary permission to stay as the husband, wife or civil partner of a person present and settled here who has died; or have temporary permission to stay as the unmarried or same-sex partner of a person present and settled here who has died, and the applicant and sponsor were still living together and intending to live permanently together at the time of their death. The Immigration rules require that the applicant’s partner must have been present and settled in the UK when they died.

However, these Rules are not applicable to fiancé(e)s and proposed civil partners.

You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your ILR as a bereaved partner.

If you would like to ascertain your eligibility for this category, we would advise you to book an appointment with our UK Immigration Solicitors by calling on +91 9633746454 or email us on info@irishexpert.com to discuss the merits of your case.

As a member of the European Union (EU) as of now, the UK permits nationals of other EU member states to enter the UK in exercise of their right of free movement within the EU zone. The EU nationals and their family members have the right to live and work in the UK if the EU national is a ‘qualified’ person in the exercise of their treaty rights under the Immigration (European Economic Area) Regulations 2006 (EEA Regulations).

There has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum.

EEA member states

Countries that are part of the EEA are known as member states

Austria | Belgium | Bulgaria |Cyprus | Czech Republic | Denmark | Estonia | Finland | France | Germany | Greece | Hungary | Iceland | Irish Republic | Italy | Latvia | Liechtenstein | Lithuania | Luxembourg | Malta | Netherlands | Norway | Poland | Portugal | Romania | Slovakia | Slovenia | Spain | Sweden | United Kingdom

Switzerland: As of June 1st, 2002, an agreement was reached between the European community, its member states and the Swiss Confederation, that enables Swiss nationals and their family members to have the same free movement rights as EEA nationals and their family members.

United Kingdom: On 1 February 2020, the United Kingdom left the European Union in accordance with Article 50 of the Treaty on European Union. Between then and (as of February 2020) 31 December 2020, a transition period is in operation that keeps in place all other aspects of the relationship to allow businesses to prepare and for a free trade agreement to be negotiated

EEA Nationals

Citizens of these countries listed above are known as EEA nationals. The member states include all the countries in the European Union (EU), Iceland, Lichtenstein and Norway. Nationals of Gibraltar have full British citizenship and are considered part of the European Economic Community (EEC). This means that people from Gibraltar have rights of free movement within EEA member states.

EEA Family Permit – Family member

An EEA family permit is a form of ‘entry clearance’ to the UK (just like a visa). It is for nationals of countries outside the European Economic Area (EEA) who are family members of EEA nationals.

A non-EEA family member of an EEA national will need to obtain an EEA family permit before traveling to the UK if they are either:

• a ‘visa national’; or
• coming to live with the EEA national in the UK permanently or on a long-term basis

Applications for the EEA Family Permit are covered by the framework of European Treaty rights of ‘free movement’ of European nationals and their dependants. Any refusal of an EEA family permit does offer appeal rights in most cases for the applicants.

In the UK an EEA family permit is valid for 6 months. You can leave and enter the UK as many times as you need within that time.

Meaning of ‘family member’

To apply for entry clearance under this category the applicant must demonstrate that:

• they are the EEA citizen’s spouse or civil partner, or related to them (or their spouse or civil partner) as either their:
• child or grandchild under 21 years old, or dependent child or grandchild of any age*; or
• dependent parent or grandparent

*Family members who are adopted under an adoption order that is recognized in UK law are regarded the same as natural family.

At Irish Expert, our UK immigration solicitors have helped numerous non-EEA family members of EU nationals to apply for an EEA Family Permit to the UK. You can contact us if you are seeking legal help from UK visa consultants in relation to the UK EEA Family Permit.

EEA Family Permit – Extended Family member

Extended family members of EEA nationals residing in the UK can apply to join their family members in the UK.

Regulation 8 of the EU Law provides details of extended family members. Extended family members include brothers, sisters, aunts, uncles, cousins, nephews or nieces of the EEA national. You can also apply as an unmarried partner if you can show that you are in a lasting relationship with the EEA national.

The applicants must be able to show that they are either dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them for care.

Until an applicant is recognized as an extended family member and issued with a residence card (or EEA family permit or registration certificate), he has no rights deriving from EU law.

At Irish Expert our UK immigration solicitors have helped extended family members of non-EEA family members of EU nationals to apply for an EEA Family Permit to the UK. You can contact us if you are seeking legal help from UK visa consultants in relation to the UK EEA Family Permit.

Residence card as a Family Member of an EEA National

Non-EEA family members who have joined the EEA national in the UK are eligible to apply for a Residence Card. Non-EEA nationals can be either a family member, or extended family member, of an EEA national. It is not mandatory to apply for a residence card, however, it helps the applicants re-enter the UK more quickly and easily if they are traveling abroad. A residence card also helps employers to ascertain that the applicant is allowed to work in the UK. It can also help applicants prove that they qualify for certain benefits and services.

Applicants can apply for a derivative right of residence card if they are the carer of an EEA citizen, the carer’s child, or the child of a former EEA worker and currently in education.

A residence card is valid for a period of 5 years, following which the applicant can apply for a permanent residence card.The applicant must submit a valid passport along with other documents for the residence card application to be approved. In addition, the EEA national must be exercising treaty rights in the UK and provide evidence of the same along with the application.

EEA Regulations 2006, require the Home Office to consider and decide an application for residence card within 6 months from the date of receipt of the application. Any delay or negligence in part of the Home Office in not deciding the application within six months can be challenged by way of Judicial Review in the High Courts.

At Irish Expert our UK immigration solicitors have helped non-EEA national family members and extended family members of EEA nationals to apply for their residence card. You can contact us if you are seeking legal help from UK visa consultants in relation to a Residence card application.

Applying under the ‘Surinder Singh’ Route

Though The UK is a member of the European Economic Area (EEA), non EEA family members cannot generally apply under this category to come to the UK.

However, you may be able to apply for an EEA family permit as a family member of a British citizen who has worked in another EEA country. This is known as the ‘Surinder Singh’ route.

To be eligible to apply under this route, the British citizen would have to provide evidence that they have been living in an EEA member state as a worker or a self-employed person and their non-EEA family member has been living with them in the EEA country. The non-EEA family member must be related to the British citizen as either their:

• spouse or civil partner; or
• child or grandchild (or the child or grandchild of their spouse or civil partner) and under 21 years of age or dependent on them; or
• parent or grandparent (or of their spouse or civil partner) and dependent on them

At Irish Expert our UK immigration solicitors have helped numerous non-EEA family members of EU nationals to apply for an EEA Family Permit to The UK. You can contact us if you are seeking legal help from UK visa consultants in relation to the UK EEA Family Permit.

Our clients in UK or India can speak to any of our UK EEA Family Permit – Family Member Visa Consultants. Call on +91 9633 746454 and book your appointment with our Experts.

British nationality law is the law of the United Kingdom which concerns citizenship and other categories of British nationality. British nationality laws can at times be complex owing to the UK’s historical standing as an imperial power with colonies.

The UK allows dual citizenship (also known as dual nationality). This means you can be a British citizen and also a citizen of other countries. There is no need to apply for dual citizenship. Individuals can apply for foreign citizenship and keep their British citizenship. However, many countries (e.g. India) do not permit dual citizenship.

Note: UK Nationality laws provide different ways to apply for British citizenship based on your circumstances.

Also you don’t automatically become a British citizen when you marry a person from the UK.

Types of British Nationalities

There are 6 different types of British nationality. These are:

• British citizenship
• British overseas territories citizen
• British overseas citizen
• British subject
• British national (overseas)
• British protected person

British citizenship

For individuals born in the UK before the 1st of January 1983, it includes people who:

• were born in the UK;
• were born in a British colony and had the right of abode in the UK;
• have been naturalised in the UK;
• had registered as a citizen of the UK and Colonies;
• could prove legitimate descent from a father to whom one of these applies

Individuals born in the UK after the 1st of January 1983 don’t automatically get a British citizenship. They are considered British citizens only if either one of their parents were either a British citizen at the time of their birth or either parents were ‘settled’ in the UK at the time of their birth.

British overseas territories citizen

British overseas territories citizenship was called ‘British dependent territories citizenship’ before the 26th of February, 2002.

As a British overseas territories citizen, an individual can hold a British passport, and get consular assistance and protection from the UK diplomatic posts. However, (unless they are a British citizen) they would be subject to immigration controls and do not have an automatic right to live or work in the UK and aren’t considered a UK national by the European Union (EU).

UK nationality laws allow individuals to register as a British citizen in certain limited circumstances, if you would like to ascertain your eligibility, you can contact our UK qualified Solicitors for advice and assistance in registering as a British national on +91 9633746454 or email your query at info@irishexpert.com

British overseas citizen

An individual became a British overseas citizen on the 1st of January 1983, if they were a citizen of the United Kingdom and Colonies on the 31st of December 1982, and they didn’t become either a British citizen or a British overseas territories citizen on the 1st of January 1983.

As a British overseas citizen, the individual can hold a British passport and get consular assistance and protection from UK diplomatic posts.However, (unless they are a British citizen) they would be subject to immigration controls and do not have an automatic right to live or work in the UK and aren’t considered a UK national by the European Union (EU).

UK nationality laws allow individuals to register as a British citizen if they are a British overseas and meet certain conditions. Our UK qualified Solicitors have helped numerous British overseas citizens successfully apply for registration as British citizens. If you would like advice and assistance in registering as a British national, you can contact us on +91 9633746454 or email us at info@irishexpert.com

British subject

Until 1949, nearly everyone with a close connection to the United Kingdom was called a ‘British subject’. All citizens of Commonwealth countries were British subjects until January 1983. Since 1983, very few people have qualified as British subjects.

As a British subject, an individual can hold a British passport and get consular assistance and protection from UK diplomatic posts. However, (unless they are a British citizen) they would be subject to immigration controls and do not have an automatic right to live or work in the UK and aren’t considered a UK national by the European Union (EU).

UK nationality laws allow individuals to register as British citizens in certain limited circumstances. If you would like to ascertain your eligibility, you can contact our UK qualified Solicitors for advice and assistance in registering as a British national on +91 9633746454 or email us at info@irishexpert.com

British national (overseas)

An individual who was a British overseas territories citizen by connection with Hong Kong was able to register as a British national (overseas) before the 1^st of July 1997.

British overseas territories citizens from Hong Kong who did not register as British nationals (overseas) and had no other nationality or citizenship on the 30^th of June 1997, became British overseas citizens on the 1st of July 1997. If you’re not already a British national (overseas), you cannot apply to become one.

As a British national (overseas) subject, an individual can hold a British passport and get consular assistance and protection from UK diplomatic posts. However, (unless they are a British citizen) they would be subject to immigration controls and do not have an automatic right to live or work in the UK and aren’t considered a UK national by the European Union (EU).

UK nationality laws allow individuals to register as British citizens if they are a British national (overseas) and meet certain conditions. Our UK qualified Solicitors have helped British nationals (overseas) based in Hong Kong to successfully apply for registration as British citizens. If you would like advice and assistance in registering as a British national, you can contact us on +91 9633746454 or email us at info@irishexpert.com

British protected person

An individual would have become a British protected person on the 1st of January 1983 if they were a citizen or national of Brunei; or were already a British protected person; or would otherwise have been born stateless (without a country) in the UK or an overseas territory because, when they were born, one of their parents was a British protected person.

Individuals would lose their British protected person status if they have gained any other nationality or citizenship, or the territory they were connected with became independent and they became a citizen of that country.

As a British protected person, an individual can hold a British passport and get consular assistance and protection from UK diplomatic posts. However, (unless they are a British citizen) they would be subject to immigration controls and do not have an automatic right to live or work in the UK and aren’t considered a UK national by the European Union (EU).

UK nationality laws allow individuals to register as British citizens in certain limited circumstances. If you would like to ascertain your eligibility, you can contact our UK qualified Solicitors for advice and assistance in registering as a British national on +91 9633746454 or email us at info@irishexpert.com

Naturalisation as British Citizen

An individual who has lawfully been a resident in the UK for five years and has held Indefinite Leave to Remain (ILR) for last one year can apply for naturalisation as a British Citizen. In order to apply for naturalization as British citizen the individual must not have any unspent criminal conviction and must have passed Life in the UK Test.

According to current UK Nationality laws an individual can apply for British citizenship by naturalization if they:

• are aged 18 or over
• are of good character, for example, you don’t have a serious or recent criminal record, and you haven’t tried to deceive the Home Office or been involved in immigration offences in the last 10 years
• will continue to live in the UK
• have met the knowledge of English and life in the UK requirements
• meet the residency requirement

At Irish Expert our UK Qualified Solicitors and UK Immigration experts have helped individuals to successfully apply for naturalisation as British citizen. If you would like to ascertain your eligibility to apply for British citizenship you can contact our UK qualified Solicitors for advice and assistance in registering as British national on +91 963746454 or email us on info@irishexpert.com.

Register as a British citizen

Registering as a British citizen is usually simpler than becoming naturalised. However individuals would have to affirm their eligibility to apply for the same.

Individuals may be eligible if they:

• have another form of British nationality
• were born before 1 January 1983 to a British mother
• were born to a British father, even if he was not married to your mother
• were born in the UK on or after 1 January 1983
• are under 18 and don’t fit into the other categories
• have a connection with Gibraltar or Hong Kong
• are stateless
• are aged 18 or over
• are of good character, for example, you don’t have a serious or recent criminal record, and you haven’t tried to deceive the Home Office or been involved in immigration offences in the last 10 years
• will continue to live in the UK
• have met the knowledge of English and life in the UK requirements
• meet the residency requirement

At Irish Expert our UK Qualified Solicitors and UK Immigration experts have helped individuals to successfully apply for naturalization as British citizen. If you would like to ascertain your eligibility to apply for British citizenship you can contact our UK qualified Solicitors for advice and assistance in registering as British national on +91 9633746454 or email us on info@irishexpert.com.

Apply for British Passport overseas

British passports are issued by the UK government’s Identity and Passport Service (IPS). Normal processing times are about 6 weeks. However passport applications made from outside the UK can take longer. Processing times would vary on a case to case basis. If you are a British citizen and want to apply for a passport for your child overseas or you would like to apply for a Passport for yourself we can help.

Move to UK

For example, if you have moved to the UK on a settlement visa category or are from a European Economic Area (EEA) country, then you can usually apply if you’ve lived in the UK for the last 5 years and have been granted indefinite leave to remain for the last 12 months

EEA nationals who have had permanent residence status for the last 12 months can also apply for British citizenship.

Marrying a British citizen

Applicants whose spouse or civil partner is a British citizen can usually apply as the spouse of a British citizen if you have lived in the UK for the last 3 years and have been granted indefinite leave to remain or a permanent residence document (if you’re from the EEA).

You don’t automatically become a British citizen when you marry a person from the UK.

Born in UK

You may be eligible to apply for citizenship if you were born in the UK. It depends on when you were born and your parents’ circumstances at the time of your birth.

Other ways to be eligible for British citizenship

You may be eligible to apply for British citizenship if:

• you have a British parent
• you have another type of British nationality
• you’re stateless
• you previously gave up (renounced) your citizenship

If you would like to ascertain your eligibility for British Citizenship, we would advise you to book an appointment with our UK Immigration Solicitors on +91 9633746454 or email us on info@irishexpert.com to discuss the merits of your case.

UK Domestic worker visa in a private household consultants in India

The ‘domestic worker in a private household’ visa allows employers to bring their domestic workers with them when they visit the UK for up to 6 months. In order to be eligible, the applicant must be an ‘established’ member of the employer’s staff – this means that the applicant must have worked for at least 12 months in the employers household or at a household that the employer frequently uses.The applicant is required to confirm that they would be working full-time in the UK as a domestic worker for that employer in a household that the employer will live in.Immigration rules require that there is a written agreement between the Domestic worker and their employer setting out the terms and conditions of the employment.

The applicant must be accompanied by:

• their employer (or their husband, wife, civil partner or child) who is either a British or EEA national, usually residing outside the UK and who do not intend to live in the UK for more than 6 months; or
• Their employer (or their husband, wife, civil partner or child) who is a foreign national who iscoming to the UK on a visit and who don’t intend to remain for more than 6 months

The category of Domestic workers includes cleaners, chauffeurs, cooks, those providing personal care for the employer or a member of the employer’s family, and nannies.

Applicants are not permitted to change employer while they are in the UK or change to a different type of employment.

If you want more information, you can speak to any of our UK Domestic / Household Worker Visa Consultant on +91 9633746454 or email us on info@irishexpert.com and book your appointment with our Experts.

UK Immigration and nationality law is a very wide domain with UK Visas being available under many diverse categories. If you cannot find your specified UK visa from the menu on your website, you can book an appointment for consultation with our UK qualified Solicitors to identify the appropriate category of visa.

UK Ancestry Visa

Individuals can apply to come to the UK in this category if they can show that they:

• are a Commonwealth citizen;
• are aged 17 or over;
• can work and you plan to work in the UK; and
• can adequately support and accommodate yourself and your dependants without help from public funds

In addition, the applicants must also show that at least 1 of their grandparents was born:

• in the UK (including the Channel Islands and the Isle of Man); or
• before 31 March 1922 in what is now the Republic of Ireland; or
• on a British-registered ship or aircraft

Applicants can claim ancestry if your relationship to the relevant grandparent is in the legitimate or illegitimate line.

As UK Ancestry visa holder, the individuals are permitted to work, undertake study courses and bring in family members to join them in the UK.

However, the applicant cannot switch into this visa if they are already in the UK on another visa. The applicants are also not allowed to get public funds.

At Irish Expert our UK Qualified Solicitors and UK Immigration experts have provided advice to individuals to ascertain eligibility for UK Ancestry visas. If you would like to ascertain your eligibility to apply for Entry clearance on a UK Ancestry visa you can contact our UK qualified Solicitors for advice and assistance in applying for the same on +91 9633746454 or email us on info@irishexpert.com.

Returning Resident Visa

An individual qualifies for a Returning Resident Visa when they have been given permission to stay in the UK without any time limit, however, had had to leave the UK for an extended period of time. A returning resident is a resident who has left the UK and wants to return to live in the UK.

An individual may apply for a returning resident visa if they:

• were settled in the UK before they last left; and
• have been away for two years or less; and
• are returning to live here permanently; and
• were not given public funds to pay the costs of leaving the UK.

If the individual has been away for more than two years they may still qualify to return to live in the UK. They would be required to demonstrate that they have strong family ties in the UK or have lived there most of their life. The applicants would be required to apply for permission to return (known as ‘entry clearance’) at

UK Permit free festivals

UKVI allows festivals and events that are listed in the Appendix 5 Permit free festivals (view complete list here) to invite entertainers or artists to take part in their event without the need to issue a certificate of sponsorship under the points based system.

Where entertainers or artists are established professionals it may also be possible for them to use the visitors undertaking permitted paid engagement route.

If you are a festival or event organizer in the UK and would like to have your event added to the list in Appendix 5 you are required to send your applications for inclusion.

The specified guidance for being added to the list requires the event or festival to:

• have been established for at least 3 years
• have had an audience of at least 15,000 for each of the last 3 years
• have an expected audience of at least 15,000 throughout the event
• have at least 15 non-European Economic Area (EEA) performers who have performed for each of the last 3 years
• have at least 15 non-EEA performers who have been invited for the current year

At Irish Expert our UK Qualified Solicitors and UK Immigration experts can provide advice and assistance to festival or event organizers to successfully apply for adding their festival or event as Permit free festival. If you would like to ascertain your eligibility to apply for your event to be added to the UKVI list of Permit free festivals you can contact our UK qualified Solicitors for advice and assistance on +91 9633746454 or email us on info@irishexpert.com

Right of Abode

An individual who has a right of abode in the UK can live and work in the UK without any immigration restrictions, they do not need a visa to enter the UK or have any restrictions on the length of time they spend in UK. All British citizens automatically have right of abode in the UK. Some Commonwealth citizens may also have right of abode. Commonwealth citizens may be eligible for right to abode either through their parents or based on their marriage.

If you would like to ascertain your eligibility to apply for Certificate of entitlement, you can contact our UK qualified Solicitors for advice and assistance on +91 9633746454 or email us on info@irishexpert.com.

Having a UK visa application refused can be disheartening, expensive and at times may even lead to a country ban for an applicant. A UK visa rejection, regardless of reasons, can be off-putting. In case of a UK visa rejection, you may be able to appeal against a decision of the Home Office, but the process can be time consuming. The visa refusal letter will list the reasons why your UK visa was rejected.

However, a UK visa rejection need not affect your future UK visa applications if the visa rejection reasons are addressed. You can reduce chances of a UK visa rejection by ensuring that you understand the UK Immigration requirements. Among all categories of UK visa refusals, the tourist visa applications see a higher visa rejection rate.

Our UK Immigration experts have knowledge of the UK Immigration rules to file an Appeal / Judicial Review for an entry clearance application for a UK unmarried Partner visa, UK Fiancée visa, UK spouse visa, UK Visit visa, India Tourist visa, Tier 1 Visa, UK Administrative review for Tier 4 Student Visa, Tier 2 General visa, Tier 2 sponsor license, and PBS Dependent.

Appealing against a decision of the Entry Clearance Officer for Entry Clearance applications

This is the first step in the appeal process; the grounds of appeal are filed before the relevant authority countering the reasons for refusals and providing rebuttals on the same. Drafting the grounds of appeal in an organized way can help the applicant to get a favorable outcome on their application.

When can you Appeal?

Applicants can file an appeal to the tribunal if they have been given a legal right to appeal – this is mentioned in the Notice of Refusal received by the applicants.

Appeal rights are typically granted for refusal of applications by the British High Commission Post or Home Office in the following categories:

• Refusal of Leave to Remain, extend leave and variations (i.e. Curtailment) of leave in the UK as Fiancée, Spouse, Dependent Children, Civil Partner, Unmarried Partner, or as a Dependent.
• Refusal of Entry Clearance under Fiancée visa, Spouse visa, Dependent Children visa, Elderly Dependent visa, Adult Dependent visa, Civil Partner visa, Unmarried Partner visa, Family visitor visa etc.
• Decision to Deport someone already in the UK.
• Decision to ask person to leave the country from the airport.
• Refusal to allow someone asylum in the UK.

You can appeal against the following decisions from outside the UK

• A decision to refuse a Human Rights Claim for Entry Clearance.
• A Human Rights or protection refusal (where you can only apply after you’ve left the country)
• A decision by the Home Office to deport you as a European Economic Area (EEA) National.
• Your application for an EEA family permit as a family member of an EEA National was refused by the Home Office under the EEA Regulations.
• Certain decisions about applications submitted before 06 April 2015.

You can appeal against the following decisions from within the UK

• Your human rights or protection claim has been refused while you’re in the UK
• A decision made under the European Economic Area (EEA) Regulations, e.g. the Home Office has refused to issue you a residence document
• A decision by the Home Office to deport you (as an EEA National)
• A decision where you’ve been detained and your decision letter was sent by the Detained Asylum Casework team at the Home Office
• A decision to remove your UK citizenship
• A decision to take away your protection status
• Certain decisions about applications submitted before 6 April 2015

UK Visa Appeals – Timelines

If you are outside the UK and your application for entry clearance (UK visa) is refused by the Entry Clearance Officer (ECO) and you have been given appeal rights, then you can appeal to the First-Tier Tribunal within 28 days of the receipt of the notice of refusal from the Entry Clearance Officer (ECO). This is usually known as an entry clearance appeal.

For applications that are made in country (within the UK) applicants can file appeal to the First-Tier Tribunal against the refusal of such application within 14 days after the date the refusal letter was received by the applicant.

At Irish Expert, our UK Immigration experts deal with a wide range of appeals that include appeals against refusal of entry clearance, leave to enter, leave to remain and the curtailment of leave.

The areas of work that we deal with include visas for students, partners, spouses, work permit holders, fiancés and visitors. We have great experience in dealing with complicated matters and advising clients accurately.Our UK Immigration experts can manage UK visa refusal appeal cases in all areas including immigration appeals against a refusal of:

• entry clearance
• leave to enter
• leave to remain

The appeal process has two parts:

• Filing of Grounds of Appeal
• Hearing of the Appeal

Our UK Immigration Solicitors have successfully filed grounds of appeal for several categories including dependent and settlement applications.

At Irish Expert, our UK Qualified Solicitors and UK Immigration experts have helped individuals successfully file appeals against refusals received for their entry clearance applications.

If you would like to ascertain your eligibility to file grounds of appeal against a decision received from the Entry clearance officer, you can contact our UK qualified Solicitors for advice and assistance on +91 9633746454 or email us at info@irishexpert.com.

Administrative Review

The administrative review process exists for unsuccessful visa applicants under the points-based system. If the application for a visa under the points based system is refused for applicants outside the UK, they do not have a full right of appeal.

However, all applicants can apply for an administrative review, which is a mechanism for reviewing refusal decisions.

An administrative review can be filed if the applicant thinks that the assessing authority has made an error in refusing the visa application under the points-based system. The review will look at whether the claimed points were correctly assessed by the entry clearance officer.Click here to know more about an administrative review.

Judicial Review

The Upper Tribunal (Immigration and Asylum Chamber) is responsible for the judicial review of certain decisions made by the Secretary of State for the Home Department, entry clearance officers and others, under immigration legislation.

Where the Home Office (UKVI) has refused an application for entry clearance or leave to remain and have not granted a right of appeal against the refusal of the application, such a refusal can be challenged by way of Judicial Review (JR) within 90 days from the date of the refusal letter.

Per Civil Procedure Rules, a Pre-Action Protocol (PAP) notice must be sent to the Home Office (UKVI), giving them at least 14 days to review their decision and change their decision considering the information/documentary evidence given through the Pre-Action Protocol letter. The main aim of the PAP is to avoid unnecessary litigation.

It is possible that because of the Pre-Action Protocol letter, the Home Office (UKVI) may review their decision to refuse the application and either maintain the refusal or grant the visa.

If the decision to refuse is maintained or the Home Office does not respond to the Pre-Action Protocol letter within the stipulated time, applicants can make an application to the Upper Tribunal for permission to apply for Judicial Review.

Such an application is made on papers; the court will refuse and grant permission on papers without a court hearing.

At Irish Expert, our UK Qualified Solicitors and UK Immigration experts have helped numerous individuals successfully file for a Pre-Action Protocol (PAP) for Judicial review against refusals received for their entry clearance applications, including for Entry clearance on visit visa.

If you would like to ascertain your eligibility for filing a PAP, you can contact our UK qualified Solicitors for advice and assistance on +91 9633746454 or email us at info@irishexpert.com.