Our expert team of free immigration advice solicitors in LondonManchester and Birmingham can provide fast, friendly and reliable free general immigration advice through our online enquiry form and Live Chat. We can also provide free immigration advice online for Judicial Review (JR) against the Home Office UKVI. 

Ask a question to our free immigration advice solicitors concerning your UK visa and immigration matter. Our free immigration advice solicitors will aim to respond to your free immigration advice enquiry within 24 hours of receiving your free immigration advice enquiry. You may also find answer to your question in Frequently Asked Questions (FAQs), as given below.

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FAQs - Family Permit UK

How Long Can You Stay In The UK With Family Permit?

EEA family permits are usually valid for 6 months. However, they will not be valid after 30 June 2021, even if there is time left on the permit.

An EUSS family permit is valid for 6 months, unless:

  • you plan to arrive in the UK on or after 1 April 2021
  • your application is approved more than three months ahead of your planned arrival date

In this case, it’s valid for 4 months from your planned arrival date.

If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out.

Which family members are eligible to apply for family permit UK?

You can join your:

  • spouse, civil partner or unmarried partner
  • child or grandchild aged under 21
  • dependent child or grandchild of any age
  • dependent parent or grandparent

This includes family members who were adopted under an adoption order that’s recognised in UK law.

Spouses and civil partners of Swiss citizens

If you’re married to or in a civil partnership with an eligible Swiss citizen, the rules are different.

You’ll still be eligible if:

  • you got engaged or formed your partnership after 31 December 2020
  • you’re still together when you apply
Can I stay in the Uk after my family permit expires?

If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out.

If they came to the UK on or after 1 January 2021, you’ll usually need to apply for a visa to live, work or study.

Who can you join in the UK by applying for family permit?

The person you’re joining must be one of the following:

  • an EU, EEA or Swiss citizen
  • a person of Northern Ireland
  • someone who lived in the UK as an EU, EEA or Swiss citizen before also getting British citizenship
  • an EU, EEA or Swiss citizen who is exempt from immigration control
  • an EU, EEA or Swiss citizen who travels regularly to work in the UK but lives outside of the UK (also known as a ‘frontier worker’)
  • a British citizen who also has dual EU, EEA or Swiss nationality and was settled in the UK before 16 July 2012 without using their free movement rights (also known as a ‘McCarthy’ case)

Your family member must meet the eligibility criteria for the EU Settlement Scheme even if they have not applied or cannot apply. This means that they:

  • were resident in the UK by 31 December 2020
  • pass criminal record checks
What are the eligibility requirements to apply for family permit as a family member of a person of Northern Ireland?

To be an eligible person of Northern Ireland, the person you are joining must:

  • have been born in Northern Ireland
  • have British, Irish or dual British and Irish citizenship

At the time of your family member’s birth, one of their parents must have been:

  • a British citizen
  • a Irish citizen
  • a dual British and Irish citizen
  • entitled to reside in Northern Ireland with no restriction on their period of residence.
What are the eligibility requirements to apply for family permit as a family member of EU, EEA or Swiss citizen who lived in the UK before getting British citizenship?

To be eligible the person you’re joining must:

  • be an EU, EEA or Swiss citizen
  • have become a naturalised British citizen after working, studying or being self-sufficient in the UK
What are the eligibility requirements to apply for family permit as a family member of EU, EEA or Swiss citizen who is exempt from immigration control?

The person you’re joining must be:

They cannot also be a British citizen.

What are the eligibility requirements to apply for family permit as a family member of frontier worker?

The person you’re joining must:

  • be an EU, EEA or Swiss citizen
  • have been working in the UK by 31 December 2020 as an employee or self-employed person
  • be primarily resident in another country that is not the UK
  • have been a frontier worker continuously since 1 January 2021

They cannot also be a British citizen.

What documents do I need to apply for my family permit?

ou must provide:

  • a valid passport
  • evidence of your relationship to your EEA family member, for example a marriage certificate, civil partnership certificate or birth certificate

You can provide a valid national identity card instead of your passport if you’re an EU, EEA or Swiss citizen.

If the EU, EEA or Swiss citizen family member you are joining has applied to the EU Settlement Scheme you must provide their application number.

If they have not applied to the EU Settlement Scheme you must provide both:

  • their valid EU, EEA or Swiss passport or national identity card
  • evidence that they would be eligible for the EU Settlement Scheme if they had applied

You’ll have to show that they meet the other eligibility criteria for the EU Settlement Scheme even if they cannot apply - for example, if they have British as well as EU, EEA or Swiss citizenship.

How can I apply for family permit UK?

You must apply online for an EU Settlement Scheme family permit. You must be outside the UK to apply.

Can extended family members of EU, EEA or Swiss citizen apply for EEA family permit?

You can no longer apply for an EEA family permit if you are the extended family member of an EU, EEA or Swiss citizen, for example their:

  • brother or sister
  • aunt or uncle
  • cousin
  • niece or nephew

Unmarried partners in a lasting relationship (‘durable partners’) can continue to apply for EEA family permits until 30 June 2021.

FAQs - ILR As Health and Care Worker

I am currently on Tier 2 General visa and I have got a new job which makes me eligible to apply for Health and Care worker visa. Can I apply for ILR after combining my 5 years stay under Tier 2 General and Health and Care worker visa

You can combine time spent under Tier 2 General visa with time spent under Health and Care Worker visa to apply for ILR after 5 years as a Health and Care worker.

FAQs - Switching Into T2 Minister Of Religion Visa

Can I switch from T5 Religious Worker visa to T2 Minister of Religion visa from inside the UK?

Yes, you can switch from T5 Religious Worker visa to T2 Minister of Religion visa from inside the UK.

Can I apply for switching into T2 Minister of Religion visa using Super Priority Service?

Yes, you can apply for switching into T2 Minister of Religion visa from inside the UK using Super Priority Service whereby your application will be decided by the Home Office UKVI within 24 hours of biometrics enrolment date.

Can I switch from Student visa to T2 Minister of Religion visa from inside the UK?

Yes, a Student visa holder can switch into T2 Minister of Religion visa from inside the UK.

FAQs - Switching Into Student Visa

Can I switch from Tier 2 ICT Dependant visa to Student visa from inside the UK?

Yes, you can switch from ICT dependant visa to Student visa from inside the UK.

FAQs - Extension / Renewal Of Skilled Worker Visa

Can I apply for extension / renewal of my Skilleds Worker visa using Super Priority Service for decision within 24 hours or Priority Service for decision within 5 working days?

You can renew / extend your Skilled Worker visa from inside the UK using Super Priority Service (decision within 24 hours) or using Priority Service (decision within 5 working days).

As specialist Skilled Worker visa solicitors, we can provide Super Priority Service or Priority Service for renewal of your Skilled Worker visa.

What are the eligibility requirements for extension / renewal of Skilled Worker visa?

To be eligible for extension of Skilled Worker visa / Tier 2 General visa, you should meet the following requirements:

How many points do I need to score to qualify for extension / renewal of Skilled Worker visa?

A total of 70 points are required to be eligible to apply for extension of Skilled Worker visa / Tier 2 Generarl visa; 50 points from mandatory non-tradeable points and the remaining 20 from tradeable points.

How can I apply for renewal of my Skilled Worker visa if my new employer does not hold the skilled worker sponsor licence?

If your new or prospective employer does not hold the sponsor licence for Skilled Worker visa, your employer can apply for Skilled Worker sponsor licence to be able to sponsor you for renewal of your Skilled Worker visa. Our expert team of Sponsor licence solicitors can provide the required legal help and assistance to your prospective employer with an application for Skilled Worker sponsor licence application.

How can I extend my Tier 2 General visa?

The Tier 2 General visa category has been replaced by the Skilled Worker visa. You can extend or renew your Tier 2 General visa by making an application under the Skilled Worker visa category. Your employer / sponsor should assign you with a Certificate of Sponsorship (CoS) so that you can apply for your visa renewal as a Skilled Worker.

What is the time limit to apply for renewal of Skilled Worker visa as a new entrant?

Applicants can be new entrants for a maximum of 4 years. The 4 years include time spent in any Tier 2 route or as a Skilled Worker, whether or not that permission was for a continuous period. An applicant cannot be considered as a new entrant for only part of the time they are applying for. If the applicant is applying for more than 4 years, or if granting the application would mean they would have more than 4 years’ permission in total (whether continuous or not) as a Tier 2 migrant and/or as a Skilled Worker, they cannot score tradeable points as a new entrant. They will need to score tradeable points in another way.  

What are my options if my application for renewal of Skilled Worker visa has been refused by the Home Office UKVI?

If your application for renewal / extension of Skilled Worker visa has been refused by the Home Office UKVI, you may have one of the following options available to you:

Option 1: You can file an Administrative Review (AR) against the refusal of your application if you believe that the Home Office caseworker has made a caseworking error in deciding your application for renewal of Skilled Wokrer visa. Our expert team of Skilled Worker visa solicitors can help you with your application for an Administrative Review (AR) of the Home Office UKVI refusal decision.

Option 2: You can submit a fresh application within 14 days (if your leave has already expired whilst the application was pending with the Home Office UKVI) by using a new Certificate of Sponsorship (CoS) assigned by your employer to you. Our specialist skilled worker visa solicitors can provide the required legal help and assistance with your fresh application for extension of Skilled Worker visa after the refusal of your application.

Do I have to resign with my current employer before applying for extension of my Skilled Worker visa through my new employer?

No, you do not have to resign from your current job before applying for Skilled Worker visa extension through your new employer and you can resign and after you have been granted extension of your Skilled Worker visa.

If your application for Skilled Worker visa gets refused for any reasons, your current visa will remain intact and you can continue with your job with your current employer, if you so wish.

Can I extend my Tier 2 General or Skilled Worker visa beyond 6 years?

Following changes in the Immigration Rules with effect from 1 December 2020, there is no time limit set by the Home Office UKVI as to maximum period for which a person can extend his/her Skilled Worker visa. It is therefore possible for a person to extend Tier 2 General or Skilled Worker beyond 6 years if for any reasons an application for ILR cannot succeed for the time being and the extension application is the only option available.

FAQs - British Passport Application

How can I apply for British passport from outside the UK?

If you are outside the UK, you can apply for your British passport online.

FAQs - ICT Visa UK

Can I apply for ILR as Tier 2 ICT or ICTmigrant upon completion of 5 years in the UK on ICT visa?

No, you cannot apply for ILR as ICT migrant becuase Intra Company Transfer (ICT) visa category does not lead to Indefinite Leave to Remain (ILR) after 5 years.

Following changes to the immigration rules effective from 1 December 2020, ICT migrants are now allowed to switch into Skilled Worker visa from inside the UK and they can apply for ILR as Skilled Workers once they have spent 5 years in the UK under Skilled Worker visa category.

FAQs - ILR Skilled Worker Visa

When can I apply for ILR as a Skilled Worker?

You can apply for ILR as a Skilled Worker 28 days before you complete 5 years qualifying period for ILR.

How can I apply for ILR as a Skilled Worker?

You can apply for ILR as a Skilled Worker online using application form SET (O).

Can I apply for ILR as a Skilled Worker using Super Priority Service or Priority Service?

You can apply for ILR as a Skilled Worker using Super Priority Service for decision within 24 hours or using Priority Service for decision within 5 working days.

Our specialist team of Skilled Worker visa solicitors can provide expert legal help and assistance with your application for ILR as a Skilled Worker.

What is qualifying period requirement for ILR as a Skilled Worker?

The applicant must have spent a continuous period of 5 years in the UK, consisting of time with permission in any of, or any combination of, the following routes:

  • Skilled Worker
  • Tier 2 (General)
  • Global Talent
  • Innovator
  • T2 Minister of Religion / Tier 2 (Minister of Religion)
  • T2 Sportsperson / Tier 2 (Sportsperson)
  • Representative of an Overseas Business
  • Tier 1 (Exceptional Talent)
  • Tier 1 (Entrepreneur)
  • Tier 1 (Investor)
  • Tier 1 (General)

The most recent permission must have been in either the Skilled Worker or Tier 2 (General) route. An applicant does not need to have switched from Tier 2 (General) to Skilled Worker before applying for settlement as a Skilled Worker, as the definition of Skilled Worker in the Immigration Rules includes those with permission in the Tier 2 (General) route.

What is the continuous residence requirement for ILR as a Skilled Worker?

The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence during the qualifying period for ILR as a Skilled Worker / Tier 2 General Migrant.

Do I need to meet the Life in the UK test and English language requirement for ILR as a Skilled Worker?

To apply for ILR as a Skilled Worker, you must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.

You do not need to meet an English language requirement for settlement, as you will have met this in your previous Skilled Worker visa application.

Can I combine time spent under ECAA Turkish Worker visa or Turkish ECAA Businessperson visa with time spent under Skilled Worker visa to apply for ILR as a Skilled Worker?

No, you are not allowed to combine time spent under ECAA Turkish Worker visa or ECAA Turkish Businessperson visa with time spent under Skilled Worker visa to apply for ILR after 5 years as a Skilled Worker. Your qualifying time for ILR as a Skilled Worker will start from scratch once you switch from ECAA Turkish Wroker visa or ECAA Turkish Businessperson visa to Skilled Worker visa.

FAQs - Switching Into Graduate Route Visa

Do I have to have a Student visa or Tier 4 General student visa to apply for Switching into Graduate Route visa?

According to the Home Office UKVI Immigration Rules on switching into Graduate Route visa, the applicant must have, or have last had, permission to stay in the UK as a Student / Tier 4 General Student.

FAQs - ILR Skiled Worker / Tier 2 General Dependants

Currently me and my wife are on indefinite leave to remain visa and our daughter is on tier 2 dependent visa and her visa is expiring end of this month. She has completed 3 years on tier 2 dependent visa. She was born outside the UK. Can we directly apply for her indefinite leave to remain or do we need to apply tier 2 dependent visa again so that we can complete 5 years under same category and then we can apply for ILR?

If both parents are holding ILR in the UK, the child can apply for ILR and there is no minimum residence requirement for the ILR application of your child. You can apply for ILR for your child without having to apply for extension of the dependant visa.

FAQs - ILR As Dependant Of Global Talent Migrant

Can a spouse of Global Talent applicant apply for ILR after 5 years even if the husband (main applicant) does not want to apply for ILR?

It is not possible to apply for ILR as a Dependant where they application is neither applying for ILR nor has already been granted ILR.

FAQs - Switching Into Skilled Worker Visa

Can I switch from ICT visa to Skilled Worker visa from inside the UK?

Yes, you can switch from ICT or Tier 2 ICT visa to Skilled Worker visa from inside the UK without any cooling off period. Your qualifying time for ILR will start from the time when you switch into Skilled Worker visa and you cannot combine the time previously spent on Tier 2 ICT visa when applying for ILR as a Skilled Worker.

Can I apply for switching into Skilled Worker visa using Priority or Super Priority Service?

You can apply for switching into Skilled Worker visa using Home Office UKVI Priority or Super Priority Service. If you apply using Priority Service, your application will be decided within 5 working days from the date of biometrics enrolment. If you apply using Super Priority Service, your application will normally be decided within 24 hours of biometrics enrolment.

Who is not permitted to switch into Skilled Worker visa from inside the UK?

You cannot apply to switch to Skilled Worker visa from inside the UK if you are currently in the UK:

You must leave the UK and apply for a Skilled Worker visa from abroad if you are in one of the above listed visa categories.

According to Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents, "You’ll be able to submit an application form from within the UK, whereas you would usually need to apply for a visa from your home country."

In light of the UKVI Covid-19 Guidance, a visitor can switch into Skilled Worker visa from inside the UK if his job is starting soon with the Skilled Worker sponsor.

Can I switch from Student visa to Skilled Worker visa without completing a degree course?

A student can switch into Skilled Worker visa without completing a degree course in the UK. However, if the student applies without completing a degree, the Student will not be able to apply as a new entrant unless the student is under the age of 26.

Can I switch from spouse visa to Skilled Worker visa from inside the UK?

Yes, you can switch from spouse visa to Skilled Worker visa from inside the UK if you are offered a skilled job by a UK employer holding Skilled Worker sponsor licence. If your prospective employer does not hold the sponsor licence, we can provide the required legal help and assistance with an application for sponsor licence so that your employer is able to sponsor your leave to remain under the Skilled Worker visa category.

Can I switch from Dependant visa to Skilled Worker visa from inside the UK?

If you are in the UK as a dependent partner of a Student or Worker visa holder, you can apply for switching into Skilled Worker visa from inside the UK if you have a job offer for a skilled job from a UK employer holding skilled worker sponsor licence.

If your prospective employer does not hold the sponsor licence, we can provide the required legal help and assistance with an application for sponsor licence so that your employer is able to sponsor your leave to remain under the Skilled Worker visa category.

Can I work part time on Skilled Worker visa?

No, you cannot work part time on skilled worker visa. The job must be a full time job which means you should be sponsored to work for at least 30 hours per week. If you are sponsored to work for less than 30 hours per week, your application for Skilled Worker visa may be refused by the Home Office, UKVI.

FAQs - Sole Represenative Visa Entry Clearance UK

Can I switch into sole representative visa from inside the UK?

You cannot switch into representative of an overseas business visa from inside the UK and the initial application can only be made through an entry clearance from outside the UK.

For how long will I be granted UK visa as a result of a successful application for entry clearance as a sole representative of an overseas business?

As a result of successful entry clearance for sole representative visa UK, you will be granted UK visa as a sole representative of an overseas business for 3 years with an option to extend it for further 2 years to be eligible for ILR after 5 years.

What is a sole representative?

The Home Office UKVI will take into account the following factors when considering whether the applicant can be treated as a sole representative under the representative of an overseas business category:

The sole representative must have:

  • been employed by the parent company in a senior job role within the company
  • a track record of setting up branches for other companies, if they have been employed specifically to undertake this role
  • authority to take operational decisions once in the UK, as indicated by the role in the company hierarchy

Majority shareholders in the parent company are not eligible for entry as sole representatives. The Entry Clearance Officer (ECO) will refuse an application when an applicant’s shareholding is over 50 per cent.

What are the eligibility requirements for sole representative visa entry clearance?

You can apply for entry clearance as sole representative of an overseas employer who intends to establish a commercial presence by operating a registered branch or wholly-owned subsidiary of that overseas business in the UK: that branch or subsidiary will operate in the same type of business activity as the overseas business.

For you to make a successful application as a sole representative of an overseas business, you must:

  • be recruited and employed outside the UK by the employer they intend to represent in the UK
  • intend to work full-time for the organisation
  • not intend to take any other employment
  • be applying to be the sole representative in the UK of an overseas employer who intends to establish and operate a registered branch or wholly-owned subsidiary of that overseas business in the UK: that branch or subsidiary will operate in the same type of business activity as the overseas business
  • not be a majority shareholder in that overseas business
  • be a senior employee of the overseas company
  • have full authority to take operational decisions on behalf of the overseas business for the purpose of representing it in the UK
  • obtain entry clearance in this category before arrival in the UK and present it to an border force officer on arrival
  • provide evidence that you can maintain and accommodate yourself and any dependants adequately without recourse to public funds
  • meet the required standard in English language

You employer must have:

  • its headquarters and principal place of business outside the UK
  • no branch, subsidiary or other representative in the UK

If there is already a branch, subsidiary or other representative in the UK, employees must apply under the points-based system.

What the conditions of grant of UK visa entry clearance as a sole representative of an overseas business?

Leave to enter or remain under this route is subject to the following conditions:

  • no recourse to public funds;
  • must register with the police, if required by paragraph 326 of the Immigration Rules;
  • work only as a representative for the business which they have been admitted to represent;
  • study (with no limit on the number of study hours if it doesn’t interfere with the job they have been sponsored to do).
Can I sponsor my dependants to join me or accompany me to the UK?

You can sponsor your dependants (spouse/partner and children under the age of 18) to accompany you to the UK or to join you later in the UK as your dependants.

What is difference between a branch and subsidiary of an overseas compnay in the UK?

You must consider the following information for a branch or subsidiary to meet the requirements of the representative of an overseas business category:

Branch Of An Overseas Company

A registered branch is part of a company organised to conduct business on behalf of the parent company. This enables someone in the UK to deal direct with the branch here instead of the company in its home country.

The sole representative must intend to, and then actually, establish the new branch in the UK. This must be the same type of business as the parent company overseas. For example, it must supply a similar product or service. An overseas manufacturing company can establish a UK branch for the sale or servicing of their products in the UK.
The UK branch must register with Companies House as a UK establishment within one month of opening.

You can apply for sole representative representative visa entry clearance after a branch is established in the UK, as long as that branch:

  • exists only as a legal entity;
  • has set up a bank account;
  • has identified, and set up, premises.

Entry clearance as a sole representative will only be granted where:

  • no staff are employed;
  • the branch has not yet transacted any business.

An example might be when the company has set up as a legal entity in advance of the company’s expansion into the UK.

A Wholly-owned Subsidiary

If a parent company or holding company owns 100% of another company, that company is called a "wholly-owned subsidiary." Wholly-owned subsidiaries are 100 percent owned by the parent company.

Advantages of using wholly owned subsidiaries include vertical integration of supply chains, diversification, risk management, and favorable tax treatment abroad. Disadvantages include the possibility of multiple taxation, lack of business focus, and conflicting interest between subsidiaries and the parent company.

While a branch has no separate legal standing, a subsidiary company is a separate legal entity and has an identity different from its holding company. In case of branches, there may be the joint or separate maintenance of accounts, whereas the subsidiaries maintain their own separate accounts.

The most common form of company for a UK subsidiary is the private limited company, and setting up a company of that type involves going through the standard UK company registration process and applying to Companies House. A UK subsidiary has to have at least one named director.

What should the terms of employment of a sole representative entail?

The applicant must provide an employment contract which should lay down all the terms and conditions of employment of the sole representative. The terms and conditions of employment should entail, among other factors, the authority (job description) of the sole representative and the salary and hours of the sole representative.

What is the processing time for sole representative visa entry clearance appliation?

Standard Service

An application for sole representative visa entry clearance made using standard service is normally granted within 3 to 4 weeks.

Priority Service

If the Prioirty Service is available in the country you’re applying from you can choose the ‘priority service’ when you apply. There will be an additional cost for this service. A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

You might wait longer for a decision if your application is not straightforward and more information is required before a decision is made. If your application is delayed, you will be informed by the Entry Clearance Officer (ECO) within the standard timescales for your visa.

FAQs - Spouse Visa Extension (10 Years Route)

Do I have to meet the English language and financial requirement for extension of spouse visa under 10 years route?

No, you do not have to meet the English language requirement and financial requirement for extension of spouse visa under 10 years route.

What form should I use to apply for spouse visa under 10 years route?

You should use application form FLR (FP) to apply for renewal of spouse visa under 10 years route.

Can I renew my souse visa under 10 years route using Super Priority Service?

Yes, you can apply for renewal of your spouse visa under 10 years route through Super Priority Service so that your application is decided by the Home Office UKVI within 24 hours.

Will I get in-country right of appeal against the refusal of my application for extension of spouse of under 10 years route?

You will get in-country right of appeal against the refusal of your spouse visa renewal under 10 years route unless the Home Office UKVI certifies your human rights claim to be manifestly unfounded.

How long the Home Office UKVI will take to process my application for spouse visa renewal under 10 years route through standard service?

An application for spouse visa renewal under 10 years route made through standard service is normally decided by the Home Office UKVI within 3 to 6 months.

What is the difference between spouse visa 5 years route and spouse visa 10 years route?

There are many differences in spouse visa 10 years route and sposue visa 5 years route. The main differences include the following:

Qualifying period for ILR

Under spouse visa 10 years route, applicant can apply for ILR upon completion of 10 years with leave to remain as a spouse. Under spouse visa 5 years route, applicant can apply for ILR after 5 years with leave to remain as a spouse.

Application Form

An application for leave to remain under spouse visa 10 years route is made using application form FLR (FP). An application for leave to remain under spouse visa 5 years route is made using application form FLR (M).

English language requiremet

An application for leave to remain under 10 years route does not require the applicant to meet the Englis language requirement. However, an application for leave to remain under 5 years route requires the applicant to meet the English language requirement.

Financial requirement

An application for leave to remain under 10 years route does not require the applicant to meet the financial requirement. However, an application for leave to remain under 5 years route requires the applicant to meet the financial requirement.

EX1 to Appendix FM

An applicant applying for leave to remain as a spouse under 10 years is required to meet the requirements of EX1 to Appendix FM of the Immigration Rules; but an applicant applying for leave to remain as a spouse under 5 years route is not required to meet the requirements of EX1 to Appendix FM of the Immigration Rules.

FAQs - Switching Into Tier 1 Entrepreneur Visa

What are the useful online sources for information about switching into Tier 1 Entrepreneur visa?

Following are the useful online sources of information for switching into Tier 1 Entrepreneur visa from inside the UK:

Home Office UKVI Guidance On Tier 1 Entrepreneur Visa

The Home Office UKVI guidance on application for UK visa as Tier 1 Entrepreneur is a useful source of information for applicants who are considering to apply for switching into Tier 1 Entrepreneur visa from inside the UK.

gov.uk logo

245DD. Requirements For Leave To Remain

Paragraph 245DD in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for switching into Tier 1 Entrepreneur visa from inside the UK.

gov.uk logo

OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for switching into Tier 1 Entrepreneur visa from inside the UK.

The Tier 1 Entrepreneur visa category has been closed by the Home Office UKVI from 30 March 2019 for initial applications and has been replaced by Innovator visa category. However, a person with Tier 1 Graduate Entrepreneur leave or someone who switched from Tier 1 Graduate Entrepreneur to Start-up visa can still make initial application for switching into Tier 1 Entrepreneur visa.

What is the processing time for switching into Tier 1 Entrepreneur visa from inside the UK?

An application for switching into Tier 1 Entrepreneur visa from inside the UK can only be made using standard service and is normally granted within 3 to 4 weeks.

Priority Service or Super Priority Service is not available to applicants applying for switching into Tier 1 Entrepreneur visa from inside the UK.

What are the eligibility requirements for switching into Tier 1 Entrepreneur visa from inside the UK?

If you’re already in the UK you may be able to switch to a Tier 1 (Entrepreneur) visa if:

  • you’re on a Tier 1 (Graduate Entrepreneur) visa
  • you switched to a Start-up visa from a Tier 1 (Graduate Entrepreneur) visa for your second year

You must meet the eligibility requirements for a Tier 1 (Entrepreneur) visa. You must have:

  • £50,000 in funds to spend in the UK
  • a viable business plan

Additionally, you should also meet the English language requirment and the funds for maintenance requirement.

What are the conditions of grant of leave to remain as a Tier 1 Entrepreneur?

Permission to stay under Tier 1 Entrepreneur route will be subject to the following conditions:

  • no recourse to public funds (which means you will not be able to claim most benefits paid by the state);
  • registration with the police, if this is required by paragraph 326 of the Immigration Rules;
  • no employment other than working for the business or businesses that you have established, joined or taken over, but working for such business(es) does not include any work you do which is effectively employment with another business;
  • no employment as a professional sportsperson (including as a sports coach); and
  • study subject to getting ATAS certificate, where required by the Rules.
Can I sponsor my dependants to stay with me to the UK?

You can sponsor your dependants (spouse/partner and children under the age of 18) to stay with you in the UK as your dependants.

What is the points based criteria for switching into Tier 1 Entrepreneur Visa from inside the UK?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section, English language and funds for maintenance. A Tier 1 Entrepreneur migrant should score 95 points in total to qualify for switching into Tier 1 Entrepreneur visa. The breakdown of the required points for switching into Tier 1 Entrepreneur visa is given in the table below:

Criterion Points
The applicant must demonstrate that they have access to funds of at least £50,000 which is available to them or their business. 25
The applicant’s money is held in one or more regulated financial institution 25
The applicant’s money is disposable in the UK. If the applicant is applying for leave to remain the money must be held in the UK. 25
Funds for maintenance 10
English language 10
Total Points 95
Do I need a business plan to apply for switching into Tier 1 Entrepreneur visa?

If the applicant is making an initial application for switching into Tier 1 Entrepreneur visa, they must provide a business plan, setting out their proposed business activities in the UK and how they expect to make their business succeed.

FAQs - Renewal Of Spouse Visa (5 Years Route)

What are useful online sources of information and guidance for renewal of spouse visa under 5 years route?

You can rely on following useful online sources to find an answer to your question about extension of spouse visa 5 years route:

Apply Online For Renewal Of Spouse Visa

The Home Office UKVI website gives you access to the online application form FLR (M) to apply for renewal of spouse visa under 5 years route.

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Appendix FM: Immigration Rules

Appendix FM to the UK Immigration Rules sets out the requirements an applicant for renewal of spouse visa under 5 years route.

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Appendix FM SE: Immigration Rules

Appendix FM SE to the Immigration Rules sets out the specified documents to meet the financial requirement for renewal of spouse visa.

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Appendix FM Financial Requirement: Home Office Guidance

The Home Office UKVI guidance on meeting the financial requirement is a useful source of information and guidance on how to meet the financial requirement for extension/renewal of spouse visa.

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Approved English Language Tests

The Home Office UKVI page Applying for a UK visa: approved English language tests is a useful source of information about approved English language test centres in the UK and around the world for spouse visa application.

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Partner, Divorce & Dissolution Guidance UKVI

The Home Office UKVI guidance: Partner, Divorce & Dissolution Guidance UKVI is a useful source of information and guidance about the validity of marriage, divorce, civil partnership or dissolution of civil partnership.

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What if my spouse visa renewal/extension application is not successful?

If your spouse visa renewal application is unsuccessful, you may have one of the two options available to you:

Option to re-apply within 14 days

You can re-apply for spouse visa renewal within 14 days of the deadline for filing an appeal against the refusal has expired. Our expert team of spouse visa solicitors can provide the required legal help and assistance for re-applying for spouse visa renewal after refusal.

Option to file an appeal against the refusal

You can file an appeal against the refusal of your spouse visa renewal within 14 days of the refusal decision. Our specialist appeal lawyers can provide expert legal help and assistance with your appeal to the First Tier Tribunal (FTT) to challenge the refusal of  your spouse visa renewal.

You should take appropriate legal advice before choosing the right option for you in your given circumstances.

What are the most common reasons for refusal of spouse visa renewal application under 5 years route?

The most common reasons for refusal of spouse visa renewal under 5 years route include the following:

  • not meeting the financial requirement;
  • not meeting the English language requirement;
  • Home Office UKVI not satisfied that the relationship with the British or settled spouse is still subsisting;
  • general grounds for refusal such as allegation by the Home Office UKVI of applicant using proxy for TOEIC test previously, making false representations, etc.
Can Home Office grant me leave under 10 years route if I do not meet the requirements under 5 years route?

Yes, it is very common for the Home Office UKVI to grant leave to remain under 10 years route where the applicant allegedly does not meet the requirements for grant of leave under the 5 years route.

In the event of Home Office granting leave under 10 years route, the applicant will not be given appeal right to challenge the refusal in the First Tier Tribunal. Such decision of the Home Office UKVI can only be challenged by way of Judicial Review in the Upper Tribunal.

Our expert team of Judicial Review solicitors can help you with your Judicial Review against the Home Office UKVI decision to grant you leave under 10 years route instead of 5 years route if you believe that the decision not to grant under 5 years route is wrong and unlawful.

How long does spouse visa extension/renewal take?

The processing time for renewal of spouse visa (5 years route) is dependent on the type of service you use to apply for extension of your spouse visa. The processing times for renewal of spouse visa (5 years route) are as follows:

Standard Service

An application for spouse visa renewal under standard service is likely to be decided by the Home Office UKVI within 3 to 6 months.

Priority Service

An application for extension of spouse visa under priority service is likely to be decided within 5 working days.

Super Priority Service

An application for spouse visa renewal under the Super Priority Service is likely to be decided within 24 hours.

How much does it cost to renew spouse visa UK?

The Home Office UKVI fees for renewal of spouse visa 5 years route are as follows:

  • Application fee: £1033
  • Immigration Health Surcharge (IHS): £1,560
  • Biometrics Enrolment Fee: £19.20
  • Super Priority Service for decision within 24 hours (Optional): £800

In addition to the Home Office UKVI fees for renewal of spouse visa under 5 years route, you will also have to pay the solicitors legal costs if you are getting legal help and assistance of a solicitor for renewal of spouse visa under 5 years route. Click here to check our fixed fees for spouse visa renewal under 5 years route.

Which English test is required for spouse visa extension under 5 years route?

You will need to pass the Home Office UKVI approved English test known as IELTS Life Skills at level A2 (listening and speaking only) for the renewal of your spouse visa under 5 years route.

How soon can I apply for spouse visa extension/renewal?

You can apply for spouse visa renewal any time within 28 days before completing 30 months residence in the UK on spouse visa OR before your spouse visa expires.

Is there a residence requirement for spouse visa renewal under 5 years route?

Under the UK immigration Rules, there is no specified residence requirement for renewal of spouse visa. However, as the spouse visa category is a settlement category, it is expected that the applicant has intention to live permanently in the UK with the UK sponsor in order to settle in the UK. Long absences from the UK may raise a question mark on the applicant's intention to live permanently in the UK with the UK sponsor.

What documents are required for spouse visa extension/renewal under 5 years route?

The documents to be submitted in support of the spouse visa renewal will vary depending on the personal circumstances of the applicant and the UK sponsor. Generally spaking, you may need to provide various documents in support of your spouse visa renewal under 5 years which may include the following:

  • your current and previous passports
  • your biometric residence permit
  • your spouse's immigration status documents e.g. British passport or ILR BRP card
  • evidence of relationship with your spouse including marriage certificate and evidence of cohabitation with your spouse
  • evidence to show how you meet the financial requirement of earning £18,600 or mroe e.g. pay slips, bank statements and other relevant documents as per your circumstances
  • evidence of your accommodation in the UK
  • evidence of meeting English language requirement e.g. English test certificate or degree certificate etc
  • if either the applicant or the UK sponsor was previously married, the divorce certificate of the applicant or the sponsor, as the case may be

It is pertinent to note that the supporting document to meet the financial requirement will vary from case to case depending on how the financial requirement is being met. Our expert team of solicitors for spouse visa renewal can assess your personal circumstances fully and give you a complete list of all the documents required to be submitted in your application as per your personal circumstances.

My wife is on spouse visa in the UK. If I claim universal credit, will it affect my wife's application for extension of spouse visa under 5 years route?

As long as you and your wife meet the financial requirement for extension of spouse visa under 5 years route, receiving universal credit or any other public funds in your name should not have any adverse impact on your wife’s application for spouse visa extension. 

How can I apply for switching from fiance visa to spouse visa after getting married in the UK whilst on fiance visa?

You can apply for switching from fiance visa to spouse visa (5 years route) by completing an application form FLR (M) online. 

FAQs - Free Immigration Advice UK

How can I get free UK immigration advice?

You can get free immigration advice UK by asking a question to our expert team of free immigration advice solicitors through our online enquiry form or live online chat with one of our immigration solicitors.

What will be covered by free UK immigration advice service?

Free immigration advice UK will cover the following:

  • General immigration advice on UK immigration matters;
  • Free immigration advice for Judicial Review matters;
  • Free assessment of the Home Office UKVI refusal decisions.
Can I get free immigration advice if my immigration matter is complicated or urgent?

Free immigration advice is not for those persons who have very complicated immigration case as full assessment of the immigration case needs to be carried out before giving immigration advice in complext immigration matters. You can schedule an appointment for detailed immigration advice session to discuss your immigration matter with one of our immigration solicitors if your immigration case is complex or extremely urgent. 

What is not covered under free immigration advice?

We do not give free immigration advice on documentary evidence or where case is very complicated. Immigration advice in such immigration matters is given upon full assessment of the immigration matter to ensure that immigration advice given is correct and in line with relevant immigration laws and facts.

How long free immigration advice solicitors will take to respond to my free immigration advice enquiry?

Our free immigration advice solicitors aim to respond to all free immigration advice enquiries within 24 hours of receiving such free advice enquiries.

What are useful sources for free online UK immigration advice and information?

You can rely on following useful online sources to find an answer to your question about UK visa and immigration application:

Our Frequently Asked Questions (FAQs)

If you have a question about UK visa and Immigration application, you may be able to fina an answer to your question in our Frequently Asked Questions (FAQs) page.

Home Office UKVI Website

The Home Office UKVI official website is a useful source online source of advice and information about UK visa and immigration applications.

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UK Visa & Immigration Fees Page

You can find out correct fee for a UK visa or immigration application by visiting Home office UK Visa and Immigration Fees page.

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UK Immigration Rules

UK Immigration Rules set out the requirements an applicant has to meet to succeed in a visa or immigration application. All UK visa and immigration applications are decided in accordance with the criteria as set out in the UK Immigration Rules.

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UK Visa & Immigration Application Forms

The Home Office UKVI visa and immigration application forms page is a useful source to find an application form to apply for UK visa entry clearance, switching from one visa, category to another or to extend your stay in the UK.

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British Citizenship Application Forms

You can visit the Home Office UKVI page for Citizenship Application Forms to find an application form in order to apply for British Citizenship.

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Visa and Immigration Operational Guidance

Home Office Visa and Immigration Operational Guidance also known as Home Office Policy Guidance is an impotant source to learn about the requirements of immigration laws with regards to various UK visa and Immigration applications.

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How To Apply To The EU Settlement Scheme?

Home Office UKVI page on applying for settled or pre-settled status under the EU settlement scheme is an important source of useful information and guidance for EU nationals and their family members who want to apply for pre-settled or settled status under the EU settlement scheme.

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Live Permanently In The UK

Home Office UKVI pae Live Permanently In The UK is an important source of useful information for those who want to apply for Indefinite Leave to Remain (ILR) in the UK.

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Oanda Currency Coverter

Oanda Currency Coverter is the Home Office UKVI approved site for conversion of foreign currency to Great Britain Pound (GBP) for UK visa and immigration purposes.

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FAQs - ILR Overseas Media Representative

How can I apply for ILR as a representative of an overseas media organisation?

You can apply for Indefinite Leave to Remain (ILR) as an overseas media representative by completing an online application form.

Can I apply for ILR as an overseas media representative using Super Priority Service?

No, you cannot use Super Priority Service for ILR as an overseas media representative because Super Priority Service is not available for ILR as an overseas media representative. You can only use standard service for ILR as an overseas media representative.

When can I apply for ILR as an overseas media representative?

You can apply for ILR as an overseas media representative 28 days before completing 5 years residence in the UK with leave to remain as an overseas media representative. Your qualifying period can include time from the date your initial application for entry clearance was approved.

What are the eligibility requiremets for ILR as an overseas media representative?

You can apply for ILR as an overseas media representative if you meet the following eligibility criteria:

  • You have completed 5 years in the UK with UK visa as an overseas media representative;
  • You have met the requirements of an overseas media representative throughout the 5 year period and you should still meet all the requirements - this includes being employed throughout the period, for example by providing P60s for the last 5 years and pay slips for the last 3 months;
  • You should provide evidence to show that your employer is still be actively trading and remains centred overseas;
  • You have no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’);
  • You provide proof that your employer still needs you to do your job;
  • You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.

You should also:

Can I re-apply for ILR as an overseas media representative after the refusal of my ILR application?

You can re-apply for ILR as an overseas media representative after the refusal of your ILR application within 14 days of either the refusal of your ILR application or within 14 days of the Administrative Review (AR) decision against the refusal of your ILR application. Our expert team of immigration solicitors can help you prepare and file a fresh application for ILR as an overseas media representative after the refusal of your ILR application.

What is the absences criteria for ILR as an overseas media representative?

You cannot have had more than 180 days’ absences from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as an overseas media employee. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For ILR application as an overseas media representative made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR as a sole representative application.

For example, you apply for ILR as an overseas media representative on 30 June 2020. Your continuous period includes the following grants of leave:

  • One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
  • One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

Work Related Absences Or Absences In Line With Annual Paid Leave

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave. You will need to provide this information for the full 5 year continuous period.

Absences Due To Serious Or Compelling Reasons

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Exemption Where Absences Are Not Considered

Your absences are not considered as part of the maximum 180 days where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis.

What is the processing time of ILR application as an overseas media representative?

According to the Home Office UKVI website, a decision on your ILR application as an overseas media representative will be made within 6 months.

You’ll be contacted if your ILR application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)
How can I challenge the refusal of my ILR as an overseas media representative?

If your application for ILR as an overseas media representative has been refused by the Home Office, UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will review the refusal decision and decide the Administrative Review (AR) request within 28 days of receiving the Administrative Review (AR) request.

FAQs - 20 Years Long Residence

I have lived in the UK for 20 years continously but was in prison for 4 months as a result of a criminal conviction. Can I apply for leave to remain on the basis of 20 years long residence?

Your application for 20 years long residence may not succeed becuase as a result of prison sentence, the continuity of 20 years long residence is broken.

What application form is used to submit initial application for leave to remain on the basis of 20 years long residence?

You should complete application form FLR (FP) online for your initial application for leave to remain on the basis of 20 years long residence.

Do I need to meet the English language requirement for my initial application for leave to remain on the basis of 20 years long residence?

No, you do not need to meet the English language requirement for your initial application for leave to remain on the basis of 20 years long residence.

Will I get right of appeal if my application for leave to remain on the basis of 20 years long residence is refused by the Home Office UKVI?

You should get an in-country right of appeal against the refusal of your initial application for leave to remain on the basis of 20 years long residence unless the Home Office UKVI certify your human rights claim to be manifestly unfounded.

FAQs - Tier 1 Entrepreneur Visa Extension

What are the useful online sources for information about Tier 1 Entrepreneur visa extension?

Following are the useful online sources of information relating to Tier 1 Entrepreneur visa extension:

Home Office UKVI Guidance On Tier 1 Entrepreneur Visa Extension

The Home Office UKVI guidance on application for Tier 1 Entrepreneur visa extension is a useful source of information for applicants who are considering to apply for UK Tier 1 Entrepreneur visa extension.

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245DD. Requirements For Leave To Remain

Paragraph 245DD in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for extension of Tier 1 Entrepreneur visa.

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OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for Tier 1 Entrepreneur visa extension from outside the UK.

Yes, you can apply for extension/renewal of your Tier 1 Entrepreneur visa from outside the UK by making an application for entry clearance. An application for extension of Tier 1 Entrepreneur visa from outside the UK can be made using Priority Service which can be decided by the Home Office UKVI within 5 working days.

What is the processing time of Tier 1 Entrepreneur visa extension application?

Standard Service

An application for Tier 1 Entrepreneur visa extension made from inside the UK using standard service is normally granted within 8 weeks. If your application is complicated, it may take longer.

Priority Service

If you apply for extension of your application from outside the UK through an entry clearance application, you may be able to use the Priority Service. If the Prioirty Service is available in the country you’re applying from you can choose the ‘priority service’ when you apply. There will be an additional cost for this service. A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

You might wait longer for a decision if your application is not straightforward and more information is required before a decision is made. If your application is delayed, you will be informed by the Entry Clearance Officer (ECO) within the standard timescales for your visa.

What are the eligibility requirements for Tier 1 Entrepreneur visa extension?

You can apply to extend or renew your Tier 1 Entrepreneur visa if you:

  • 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, a member of a partnership 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
  • can continue to support yourself

You must also have invested into 1 or more UK businesses either:

  • £200,000 in cash
  • £50,000 in cash

The amount of investment depends on the level of funds your initial application was based on.

What is the deadline to apply for extension/renewal of Tier 1 Entrepreneur visa?

Existing Tier 1 (Entrepreneur) migrants can submit applications to extend their stay before 6 April 2023. If you switched from Tier 1 (Graduate Entrepreneur) to Tier 1 Entrepreneur visa, you can extend your Tier 1 Entrepreneur visa before 6 July 2025.

Can my dependants apply for their extension at the same time when I apply extension of my Tier 1 Entrepreneur visa?

If you have dependants in the UK on Tier 1 Entrepreneur dependant visa, you can include your dependants in your extension application so that you and your dependants are granted extension of stay at same time.

What is the points based criteria for Tier 1 Entrepreneur visa extension?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section, English language and funds for maintenance. A Tier 1 Entrepreneur migrant should score 95 points in total to qualify for extension of Tier 1 Entrepreneur visa. The breakdown of the required points for Tier 1 Entrepreneur visa extension is given in the table below:

Criterion Points
The applicant has invested, or had invested on their behalf, not less than £200,000 (or £50,000 if, in their last grant of leave, they were awarded points for funds of £50,000) in cash directly into one or more businesses in the UK. 20

Within 6 months of entry clearance, leave to enter or leave to remain as Tier 1 Entrepreneur, the applicant has registered with:

  • HM Revenue and Customs (HMRC) as self-employed
  • Companies House as a director of a new or an existing company or a member of a new or existing partnership
20

On a date no earlier than 3 months before the date of application, the applicant was registered with:

  • HMRC as self-employed
  • Companies House as a director of a new or an existing company or member of a new or an existing partnership
15

The applicant has:

  • established a new business or businesses that has or have created the equivalent of at least 2 new full-time jobs for persons settled in the UK
  • taken over or joined an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least 2 new full-time jobs

The jobs must have existed for at least 12 months of the period for which the most recent leave was granted or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.

20
Funds for maintenance 10
English language 10
Total Points
How many jobs do I have to create for extension of my Tier 1 Entreprneur visa?

To succeed in an application for Tier 1 Entrepreneur visa extension, the applicant must show that he has created at least 2 new jobs. If the applicant established a new business or businesses or invested in an existing business, they must have created the equivalent of 2 extra full-time paid jobs for at least 2 people who are settled in the UK. Each job must have existed for at least 12 months. Both team members of an entrepreneurial team can use the same evidence for creating employment.

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year), providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period). The jobs need not exist at the date of application, provided they have existed for 12 months.

The jobs must comply with the UK regulations, including the working time directive. The Home Office defines full-time as a 30-hour working week.

What is meant by "the equivalent of" a full time job?

“The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.

How can I apply for extension of my Tier 1 Entrepreneur visa?

You can apply for extension of your TIer 1 Entrepreneur visa online. When you apply, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo).

You’ll also need to submit your supporting documents. You can:

  • upload them into the online service
  • have them scanned at your UKVCAS appointment
How can I apply for extension of my Tier 1 Entrepreneur visa from outside the UK?

If you’re outside the UK, you must apply online to extend a Tier 1 (Entrepreneur) visa.

What is the genuine Entrepreneur test for Tier 1 Entrepreneur visa extension?

Migrants making an extension application are subject to a genuine entrepreneur test.

To meet the requirements of genuine Entrepreneur test, Home Office UKVI must be satisfied that the migrant:

  • has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business
  • has genuinely invested the required investment funds into one or more genuine businesses in the UK
  • intends to continue operating one or more businesses in the UK
  • does not intend to take employment other than under the terms of paragraph 245DE

For genuine Entrepreneur test, the Home Office UKVI will take into account the following:

  • the evidence submitted by the applicant;
  • the viability and credibility of the source of funds for investment;
  • the credibility of the financial accounts of the applicant's business or businesses;
  • the credibility of the applicant's business activity in the UK;
  • the credibility of the job creation for which the applicant is claiming points if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained;
  • any other relevant information.
Will Home Office UKVI ask me to attend an interview to decide my Tier 1 Entrepreneur visa extension application?

The Home Office UKVI may ask you to attend an interview in relation to your Tier 1 Entrepreneur visa extension application. The purpose of the interview is for the Home Office UKVI to be fully satisfied with the genuineness of your buinsess in the UK as a Tier 1 Entrepreneur including genuineness of job creation and genuineness of investment of funds in the UK business.

The Home Office UKVI may refuse your Tier 1 Entrepreneur extension application if you do not comply with any request for you to attend an interview, unless a reasonable explanation is provided as to why you cannot comply.

What is the definition of a new business?

A business will only be considered a “new” business if you established it no earlier than 12 months (or 24 months if you were previously granted leave as a Tier 1 (Graduate Entrepreneur) migrant) before the date of the application which led to your first grant of leave as a Tier 1 (Entrepreneur) migrant.

What is the definition of a full time for the purposes of creating jobs for Tier 1 Entrepreneur visa extension?

A full time job is one involving at least 30 hours of paid work a week. "The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.

FAQs - ILR Spouse Visa (5 Years Route)

What are useful online sources of information and guidance for ILR as a spouse?
When and how can I apply for ILR as a spouse under 5 years route?

You can apply for ILR as a spouse under 5 years route by completing application form SET (M) online.

You can apply for ILR as a spouse under 5 year within 28 days before completion of 5 years residence with leave to remain as a spouse under 5 years route.

Can I apply for ILR as a spouse after 2.5 years?

No, you cannot apply for ILR until you have completed 5 years residence in the UK unde 5 years spouse visa route. Prior to 9 July 2012, it was possible to apply for ILR after 2 years residence in the UK on spouse visa but as a result of change in Immigration Rules in 2012 the ILR qualifying period for spouse visa was changed to 5 years under the 5 years route.

Which English test is required for spouse visa ILR under 5 years route?

You will need to pass the Home Office UKVI approved English test known as IELTS Life Skills at level B1 (listening and speaking only) for your spouse visa ILR under 5 years route.

Is there absences criteria for ILR as a spouse under 5 years route?

Under the UK immigration Rules, there is no specific provisions with regards to absences from the UK whilst on spouse visa. However, as the spouse visa category is a settlement category, it is expected that the applicant has intention to live permanently in the UK with the UK sponsor in order to settle in the UK. Long absences from the UK may raise a question mark on the applicant's intention to live permanently in the UK with the UK sponsor.

The requirement of not being absent for more than 180 days in each year does not apply to spouse visa ILR applications.

What is spouse visa ILR salary requirement?

The immigration rules require that an applicant who is applying for ILR as a spouse with no dependent children should have a combined (applicant's and sponsor's) salaried  income of not less than £18,600 gross per year.

I previously completed 30 months with spouse visa under 10 years route and now about to complete 30 months under spouse visa 5 years route. Can I apply for ILR now before the expiry of my current spouse visa?

You cannot combine time spent under spouse visa 10 years route with time under spouse visa 5 years route to apply for ILR as a spouse under 5 years route. You will have to complete 5 years continuously in the UK under spouse visa 5 years route and therefore you will have to seek one more extension of spouse visa under 5 years route so that you can complete 5 years continuously under spouse visa 5 years route to qualify for ILR as a spouse.

I am about to complete 5 years in the UK under spouse visa (5 years route) to apply for ILR as a spouse. My daughter who is step daughter to my husband joined me in the UK a few years ago and would not have completed 5 years at the same time when I complete my 5 years. Can my daughter apply for ILR at the same time when I apply for ILR?

Your daughter can apply for ILR at the same time when you apply for your ILR as a spouse. The law does not require your daughter (who is step daughter of your British spouse) to complete 5 years in the UK to be eligible for ILR.

I am about to complete 5 years in the UK on spouse visa (5 years route) and will be eligible for ILR. However, I may not pass the Life in the UK test before the expiry of my current leave. Can I extend my spouse visa further instead of applying for ILR?

If you could not pass the Life in the UK test, you can apply for extension of your spouse visa instead of applying for indefinite leave to remain (ILR). You can then apply for ILR once you have passed the Life in the UK test any time during the validity of your extended spouse visa.

FAQs - Overseas Media Representative UK - Entry Clearance

Can I switch into overseas media representative visa from inside the UK?

You cannot switch into overseas media representative visa from inside the UK and the initial application can only be made through an entry clearance from outside the UK.

For how long will I be granted UK visa as a result of a successful application for entry clearance as a representative of an overseas media organisation?

As a result of successful entry clearance for overseas media representative visa UK, you will be granted UK visa as a representative of an overseas media company for 3 years with an option to extend it for further 2 years to be eligible for ILR after 5 years.

What is the processing time for overseas media representative visa entry clearance appliation?

Standard Service

An application for overseas media representative visa entry clearance made using standard service is normally granted within 3 to 4 weeks.

Priority Service

If the Prioirty Service is available in the country you’re applying from you can choose the ‘priority service’ when you apply. There will be an additional cost for this service. A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

You might wait longer for a decision if your application is not straightforward and more information is required before a decision is made. If your application is delayed, you will be informed by the Entry Clearance Officer (ECO) within the standard timescales for your visa.

What are the eligibility requirements for overseas media representative visa entry clearance?

You can apply for UK visa entry clearance if you are a representative of an overseas newspaper, news agency or broadcasting organisation and you are being posted by your overseas employer on a long-term assignment in the UK.

For you to make a successful application as a representative of an overseas newspaper, news agency or broadcasting organisation, you must:

  • be recruited and employed outside the UK by the employer you intend to represent in the UK
  • intend to work full-time for the organisation
  • not intend to take any other employment
  • be based mainly in the UK and working on a UK long-term assignment
  • obtain entry clearance in this category before arrival in the UK and present it to a border force officer on arrival
  • provide evidence you can maintain and accommodate yourself and any dependants adequately without recourse to public funds
  • meet the required standard in English language
What the conditions of grant of UK visa entry clearance as an overseas media representative?

Leave to enter or remain under this route is subject to the following conditions:

  • no recourse to public funds;
  • must register with the police, if required by paragraph 326 of the Immigration Rules;
  • work only as a representative for the business which they have been admitted to represent;
  • study (with no limit on the number of study hours if it doesn’t interfere with the job they have been sponsored to do).
Can I sponsor my dependants to join me or accompany me to the UK?

You can sponsor your dependants (spouse/partner and children under the age of 18) to accompany you to the UK or to join you later in the UK as your dependants.

FAQs - EU Settlement Scheme (EUSS)

What is the EU Settlement Scheme (EUSS)?

The EU Settlement Scheme (EUSS) provides a basis, consistent with the Withdrawal Agreement with the European Union reached on 17 October 2019 and with the citizens’ rights agreements reached with the other European Economic Area (EEA) countries and Switzerland, for resident EEA and Swiss citizens and their family members to apply for the UK immigration status which they will require in order to remain in the UK.These agreements now have effect in UK law through the European Union (Withdrawal Agreement) Act 2020. 

What is the cost of application under the EU Settlement Scheme (EUSS)?

There is no fee for an application under the EU Settlement Scheme (EUSS). Applicants under the scheme are not required to pay the Immigration Health Charge (IHS). Where the application is made within the UK, a non-EEA national applicant required to enrol their biometrics may be required to pay a fee to a commercial partner to do so, depending on the location of the centre they choose to use (several across the UK are free to use). 

What is the Home Office UKVI guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronavirus?

The Home Office UKVI guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronavirus can be accessed using the link below:

Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - GOV.UK (www.gov.uk)

What is the required date by which a person must submit an application under the EU Settlement Scheme (EUSS)?

An application for indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU must be made by the required date.

Where the applicant has limited leave to enter or remain granted under Appendix EU: the deadline is before the date of expiry of that leave, unless the Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline.

Where the applicant does not have limited leave to enter or remain or indefinite leave to enter or remain granted under Appendix EU:

  • in the case of a joining family member of a relevant sponsor (where the joining family member is not a specified spouse or civil partner of a Swiss citizen) and that joining family member arrived in the UK on or after 1 April 2021: the deadline is within 3 months of the date they arrived in the UK, unless the Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
  • in the case of a specified spouse or civil partner of a Swiss citizen who arrived in the UK on or after 1 April 2021: the deadline is within 3 months of the date on which they arrived in the UK, and before 1 January 2026, unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
  • in the case of a joining family member of a relevant sponsor and the joining family member is a child who is born or adopted in the UK on or after 1 April 2021 (or who, on or after that date, becomes subject in the UK to one of the guardianship orders or equivalent in sub-paragraphs (a)(iii) to (a)(xi) of the definition of ‘child’ in Annex 1 to Appendix EU): the deadline is within 3 months of the date on which they were born or adopted in the UK (or became subject in the UK to such an order), unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
  • in all other cases: the deadline is before 1 July 2021, unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
What are reasonable grounds for a late application missing the 30 June 2021 deadline?

Reasonable grounds for a late application missing the 30 June 2021 deadline are deemed by Appendix EU to exist in the case of an applicant who:

  • has limited leave to enter or remain granted under another Part of, or outside, the Immigration Rules, which has not lapsed or been cancelled, curtailed or invalidated, and the date of expiry of that leave is on or after 1 July 2021 – where this occurs, the deadline is before the date of expiry of their leave, unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
  • ceases to be exempt from immigration control on or after 1 July 2021 – where this occurs, the deadline is within 90 days beginning on the day on which they ceased to be exempt from immigration control, unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline

In all cases, as indicated above, a person may make a late application to the EU Settlement Scheme based on having reasonable grounds for failing to meet the deadline applicable to them.

How can I withdraw an application made under the EU Settlement Scheme (EUSS)?

An applicant can withdraw their application by written request online or by post. This applies to applications made in the UK and from overseas. The applicant must request to withdraw an application in writing.

To request the withdrawal online, they must use the online ‘ask a question about applying for settled status’ form found at https://eu-settled-status-enquiries.service.gov.uk/start, selecting the option for asking a question about ‘An application submitted and in progress’.

To request the withdrawal of an application by post, they must send a withdrawal request to:
EU Settlement Scheme
PO BOX 2075
Liverpool
L69 3YG

Will my application submitted under the EUSS be considered as withdrawn if I travel outside the UK?

An application made under Appendix EU will not be treated as automatically withdrawn if the applicant travels outside the Common Travel Area before the application has been decided.

What is the deadline for applying under the EU Settlement Scheme?

The deadline for applying is 30 June 2021. You must usually have started living in the UK by 31 December 2020.

The deadlines are different in some situations, for example if:

Who can apply under the EU Settlement Scheme (EUSS)?

Except in a few cases, you need to apply if:

This means you need to apply even if you:

If you have children, you need to apply for them separately.

If you’re an EU, EEA or Swiss citizen and you have a family member who is an eligible person of Northern Ireland, you may be able to choose which way you apply.

You can apply to join your EU, EEA or Swiss family member if they started living in the UK by 31 December 2020.

You also may be able to apply if you are not an EU, EEA or Swiss citizen but:

  • you used to have an EU, EEA or Swiss family member living in the UK (but you’ve separated, they’ve died or the family relationship has broken down)
  • you are the family member of a British citizen and you lived outside the UK in an EEA country together
  • you are the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
  • you have a family member who is an eligible person of Northern Ireland
  • you are the primary carer of a British, EU, EEA or Swiss citizen
  • you are the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer
Who does not need to apply under the EU Settlement Scheme (EUSS)?

You do not need to apply if you have:

You cannot apply if you have British citizenship.

If you’re an EU, EEA or Swiss citizen and you moved to the UK before it joined the EU

You only need to apply if you do not have indefinite leave to remain. If you do have indefinite leave to remain, you’ll usually have a stamp in your passport or a letter from the Home Office saying this.

If you work in the UK but do not live here (‘frontier worker’)

You do not need to apply to the EU Settlement Scheme if you’re a ‘frontier worker’ or have a Frontier Worker permit.

Your close family members may be eligible to apply to the EU Settlement Scheme. Read the guidance for what family members of frontier workers need to do to stay in the UK.

If you’re exempt from immigration control

You cannot apply to the EU Settlement Scheme. You do not need to do anything to continue living in the UK while you’re exempt from immigration control.

You’ll have been told if you’re exempt from immigration control, for example because you’re:

  • a foreign diplomat posted in the UK
  • a member of NATO

Your family members may also be exempt from immigration control. If they are not, they may be eligible to apply to the EU Settlement Scheme.

If you and your family members stop being exempt, for example if you change jobs, you will usually need to apply to the scheme within 90 days. If you stop being exempt after 30 June 2021, you’ll be able to apply after the deadline of 30 June 2021, as long as you were living in the UK by 31 December 2020.

What status will I get if I apply under the EU Settlement Scheme (EUSS)?

The rights and status of EU, EEA and Swiss citizens living in the UK by 31 December 2020 will remain the same until 30 June 2021.

If you apply to the EU Settlement Scheme successfully, you will be able to continue living and working in the UK after 30 June 2021.

You’ll be given either:

  • settled status
  • pre-settled status

You will not be asked to choose which you are applying for. Which status you get depends on how long you have been living in the UK when you apply. Your rights will be different depending on which status you get and when you started living in the UK.

How can I get settled status under the EU Settlement Scheme (EUSS)?

You will usually get settled status if you have lived in the UK for a continuous 5-year period (known as ‘continuous residence’)

Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period. The exceptions are:

  • one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
  • compulsory military service of any length
  • time you spent abroad as a Crown servant, or as the family member of a Crown servant
  • time you spent abroad in the armed forces, or as the family member of someone in the armed forces

You may be considered to be resident in the UK on 31 December 2020 and may be eligible for settled status if you both:

  • lived in the UK for a continuous 5-year period in the past
  • have not left the UK for more than 5 years in a row since then

You can stay in the UK as long as you like if you get settled status. You’ll also be able to apply for British citizenship if you’re eligible.

How can I get pre-settled status under the EU Settlement Scheme (EUSS)?

If you have not lived in the UK for 5 years in a row (known as ‘continuous residence’), you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020 unless you are applying as the existing close family member of an EU, EEA or Swiss citizen who started living here by then. You can stay in the UK for a further 5 years from the date you get pre-settled status.

You can apply to switch to settled status as soon as you’ve had 5 years’ continuous residence. The 5 years is counted from the day you first arrived in the UK. You do not need to have held pre-settled status for 5 years to apply.

You must apply for settled status before your pre-settled status expires to stay in the UK.

If you’ll reach 5 years’ continuous residence at some point by 30 June 2021, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you’ll get settled status without having to apply for pre-settled status first.

What are my rights with settled or pre-settled status?

You’ll be able to:

  • work in the UK
  • use the NHS for free, if you can at the moment
  • enrol in education or study in the UK
  • access public funds such as benefits and pensions, if you’re eligible for them
  • travel in and out of the UK

You’ll have different rights if you get settled or pre-settled status because you’ve applied to join your EU, EEA or Swiss family member and you arrived in the UK after 31 December 2020. For example, you will not be able to bring your own family members under the EU Settlement Scheme.

For how long can I be outside the UK with settled or pre-settled status?

If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status.

If you are a Swiss citizen, you and your family members can spend up to 4 years in a row outside the UK without losing your settled status.

If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your pre-settled status. You will need to maintain your continuous residence if you want to qualify for settled status.

What will be the status of my children born in the UK after the grant of pre-settled or settled status?

If you get settled status, any children born in the UK while you’re living here will automatically be British citizens.

If you get pre-settled status, any children born in the UK will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.

Can I bring my family members to the UK under the EU Settlement Scheme (EUSS)?

If you’re a citizen of the EU, EEA or Switzerland, your close family members can join you if all of the following apply:

  • you were resident in the UK by 31 December 2020
  • your relationship with them began before 31 December 2020 (unless they’re a child born or adopted after that date)
  • the relationship still exists when they apply to join you

If your family member is from the EU, EEA or Switzerland, they can apply to the EU Settlement Scheme from outside the UK if they hold either a valid passport or identity card with a biometric chip.

If your family member is not from the EU, EEA or Switzerland, they can apply to the EU Settlement Scheme from outside the UK. They must hold a relevant UK document, for example:

  • a residence card
  • a permanent residence card
  • a derivative residence card

Otherwise, they will need to apply for an EU Settlement Scheme family permit to come to the UK. Once they’re in the UK they can apply to the EU Settlement Scheme (EUSS).

If your family member joins you on or after 1 April 2021, they must apply to the EU Settlement Scheme within 3 months of the date they arrived in the UK. For example if they arrived on 15 June 2021, they must apply by 15 September 2021.

If you cannot bring your family member under the EU Settlement Scheme, they may still be able to come here in a different way, for example on a family visa.

Family members of Swiss citizens

If you’re a Swiss citizen, you can also bring your spouse or civil partner to the UK until 31 December 2025 if both of the following apply:

  • your relationship with them began between 31 December 2020 and 31 December 2025
  • you are still in the relationship when they apply to join you
How can I apply to the EU Settlement Scheme (EUSS)?

You can apply using any device, for example, a laptop, Android device or iPhone. You can apply now if you’re eligible. The deadline for applying is usually 30 June 2021.

You can also choose to apply later depending on your circumstances.

If you get pre-settled status, you’ll need to apply again when you’re changing your pre-settled status for settled status.

If you’re applying for yourself and your children, make your own application first.

Start now

If you’ve already started to apply, you can continue your application.

Who cannot use this service

You cannot use the online service to apply to the scheme if you’re applying as:

  • the family member of a British citizen you lived with in Switzerland or an EU or EEA country
  • the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
  • the primary carer of a British, EU, EEA or Swiss citizen
  • the child of an EU, EEA or Swiss citizen who used to live and work in the UK, and you’re in education - or you’re the child’s primary carer

Contact the EU Settlement Resolution Centre online to find out how to apply.

Fees

It’s free to apply to the scheme.

FAQs - Fiancé(e) Visa UK

What is the definition of a fiancé(e)?

A fiancé(e) is a person who wishes to enter the UK with a view to marriage to a sponsor who is either:

  • already present and settled in the UK; or
  • will be admitted for settlement in the UK when arriving there, and,
  • intends permanent settlement in the UK.
What is the definition of a sponsor?

In a fiancé(e) visa application the term ‘sponsor’ refers to the person whom the applicant is intending to marry in the UK upon entry in the UK as a fiancé(e).

What is the age requirement for fiancé(e) visa?

Both the applicant and the UK fiancé(e) of the applicant must be aged 18 or over for fiancé(e) visa application to succeed. In cases where the applicant is within a couple of months of their 18th birthday, and the other party is 18 or over, the Entry Clearance Officer (ECO) has discretion to issue UK visa entry clearance but valid only from when the person under 18 has reached their 18th birthday.

What evidence is required of ‘intention to live together’?

Intention to live permanently with the other means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit.

In a case considered in the High Court in November 1996, Keen J held that:

‘The concept of intention is no doubt a complex one, but it appears to me that one can indeed have a genuine intention, notwithstanding that the carrying out of that intention is dependent on, or could be frustrated by, some extraneous event.’

He went on to conclude that the requirement of the Rules relating to the intention of the parties to the marriage could be met where the British citizen (or legally resident foreign national) spouse insisted on remaining in the UK. In other words, a conditional intention to live together could be sufficient to meet the ‘intention to live together permanently’ requirement.

Is there a requirement to have met?

Yes, the Immigration Rules for fiancé(e) visa application require that both the applicant and the UK sponsor must have met each other in person otherwise the application for fiancé(e) visa can be refused by the Entry Clearance Oficer (ECO) for this reason.

In case of Abdulmajid Esmail Jaffer, the Tribunal held that ‘to have met’ meant something more than a mutual sighting. They also felt that a mere coming face-to-face followed by telephone or written contact would be insufficient to satisfy the rule, as would a family background together with such a face-to-face meeting. In their view the essential test of whether the rule had been satisfied was whether the couple had had a face-to-face meeting which in itself had resulted in the making of mutual acquaintance.

A relationship that has developed over the Internet would not satisfy the ‘to have met’ requirement unless the relationship included a personal face-to-face meeting between the couple concerned. Evidence of a face-to-face meeting might include a travel history, relevant email exchanges etc.

What evidence is required to prove freedom to marry?

For single adults, the Registrar normally accepts the parties’ declaration that they are free to marry. The ECO may, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he / she is going to marry. This is unless there are strong grounds to believe that one of the parties is still married/in a civil partnership or has been married / in a civil partnership previously and is concealing this fact. In such cases the ECO may make whatever enquiries as seem appropriate.

Where the ECO has doubts about an applicant’s intention to marry, the ECO may ask to see evidence of freedom to marry before issuing an entry clearance which may include:

  • Widowed person: death certificate of the late spouse.
  • Surviving civil partner: death certificate of the deceased civil partner.
  • Divorced person: evidence of divorce e.g. a divorce certificate.
  • Dissolved civil partnership: evidence of the dissolution, for example, dissolution certificate.
What is the cost of fiancé(e) visa UK?

The Home Office UKVI fee for fiancé(e) visa UK is £1523.

In addition to the UK visa fee, you will also have to pay the legal costs of solicitors if you are getting professional services for your fiancé(e) visa UK. Fixed fees charged by our expert team of fiancé(e) visa solicitors are given in the table below:

Our Service Our Fee
One-Off immigration consultation for fiancé(e) visa Entry Clearance £80 (no VAT)
One-Off Application Checking Service / Documents Assessment £240 (no VAT)
Full service for fiancé(e) visa Entry Clearance to cover all the work until decision by the Entry Clearance Officer (ECO) From £1,000 To £2,000 (no VAT)

The agreed fixed fee will depend on the complexity of the fiancé(e) visa entry clearance application and the volume of casework involved in the application.

When is the fiancé(e) visa UK fee paid?

Fiancé(e) visa UK fee is paid to the Home Office UKVI at the time of online submissino of the fiancé(e) visa application.

Do I have to pay the Immigration Health Surcharge for fiancé(e) visa UK?

Applicants for fiancé(e) visa UK do not have to pay the Immigration Health Surcharge (IHS) for their fiancé(e) visa application.

Will I lose the Home Office UKVI fee for fiancé(e) visa if my fiancé(e) visa application is refused by the Entry Clearance Officer (ECO)?

In the event of refusal of fiancé(e) visa application, the applicant will lose his/her UK visa fee because the fiancé(e) visa fee will not be refunded to the applicant. It is therefore important to have proper legal help and assistance with the preparation and submission of the fiancé(e) visa application.

FAQs - ILR 10 Years Long Residence

How can I apply for ILR on the basis of 10 years long residence?

You can apply for ILR on the basis of 10 years long residence by using online application form SET (LR).

Can I apply for ILR after 9 years residence in the UK?

No, you can only apply for ILR on the basis of 10 years long residence 28 days before completing 10 years long residence. Your application for ILR on the basis of 10 years long residence may be refused by the Home Office if at the time of decision on your ILR application you have not completed the qualifying period for ILR.

If you are short by few months in completion of 10 years long residence, it may be possible to extend your leave temporarily by virtue of Section 3C through an appropriate immigration application in your given circumstances so that you are able to complete your 10 years long residence in the UK to be eligible for ILR on the basis of 10 years long residence in the UK.

When can I apply for ILR on the basis of 10 years long residence?

You can apply for ILR on the basis of 10 years long residence within 28 days before completing 10 years long residence in the UK whether applying through standard service or through Super Priority Service (decision within 24 hours).

Once you have built up a period of 10 years’ continuous lawful residence, there is no limit on the length of time afterwards when you can apply for ILR on the basis of 10 years continuous and lawful residence in the UK. This means you could leave the UK, re-enter on any lawful basis, and apply for ILR from within the UK based on a 10 year period of continuous lawful residence you built up in the past. There is also nothing to prevent a person relying on a 10 year period that they may have relied on in a previous application or grant.

What is continuous residence for the purposes of ILR on the basis of 10 years long residence?

Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK for an unbroken period i.e. without gaps. 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.

You can leave the UK during the continuous residence for up to:

  • 180 days at a time;
  • 540 days in total.

You cannot count time spent in:

  • a prison, young offender institution or secure hospital
  • Ireland, the Isle of Man or Channel Islands
What is lawful residence for the purposes of ILR on the basis of 10 years long residence?

Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:

  • existing leave to enter or remain
  • temporary admission within section 11 of the 1971 Immigration Act where leave to enter or remain is subsequently granted
  • an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
What events break continuous residence for the purposes of 10 years long residence ILR?

Continuous residence is considered to be broken if the applicant has:

  • been absent from the UK for a period of more than six months (180 days) at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
  • been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain
  • left the UK before 24 November 2016 with no valid leave to remain on their departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)
  • been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences
  • spent a total of 18 months (540 days) outside the UK throughout the whole 10 year period.
How can I challenge the refusal of ILR 10 years long residence application?

Appeal against refusal of SET (LR) application:

If your ILR long residence application is refused by the Home Office, UKVI and you believe that the refusal decision is unlawful, you can challenge the refusal of your SET (LR) application by filing an Appeal Against Refusal Of SET(LR) 10 Years Long Residence Application with the First Tier Tribunal (FTT) within 14 days of receiving the refusal letter.

Pre Action Protocol (PAP) & Judicial Review (JR) against refusal of SET(LR) application:

If you have not been given an in-country right to appeal agaisnt the refusal of your SET(LR) application, you can still challenge the refusal of your application by way of Pre Action protocol (PAP) and Judicial Review (JR) against the Home Office UKVI decision to refuse your SET (LR) application.

Can I re-apply for ILR on the basis of 10 years long residence after the refusal?

If your application for ILR 10 years long residence - SET(LR) application has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you may have the option to re-apply for ILR 10 years long residence within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying for your ILR 10 years long residence through our Super Priority Service.

Can I apply for Indefinite Leave to Remain (ILR) after 10 years?

You can apply for Indefinite Leave to Remain (ILR) in the UK if you've been in the UK legally for 10 continuous years (known as 'long residence').

How early can I apply for ILR on the basis of 10 years long residence?

You can apply for ILR 28 days before you complete 10 years continuous and lawful residence in the UK starting from your date of very first entry in the UK.

Can Home Office UKVI exercise discretion for absences exceeding 540 days in total or 180 days at a time?

If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application would normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.

Things for the Home Office caseworker to consider when assessing if the absence was compelling or compassionate are:

For all cases

The Home Office caseworker should consider whether the applicant returned to the UK within a reasonable time once he was able to do so

For the single absence of over 180 days

The Home Office caseworker should consider:

  • how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so;
  • the reasons for the absence

For overall absences exceeding 540 days in the 10 year period

The Home Office caseworker should consider:

  • whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10 year residence period, and how soon they will be able to meet that requirement
  • if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements
  • however, if the absences were recent, the person will not qualify for a long time, and so Home Office case worker should consider whether there are particularly compelling circumstances

All of these factors must be considered together when determining whether it is reasonable to exercise discretion.

Does any overstaying rule out ILR on the basis of 10 years long residence?

According to paragraph 276B(V), any previous period of overstaying (gap) between periods of leave will be disregarded where –

  • the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
  • the further application was made on or after 24 November 2016 and paragraph 39E of the Immigration Rules applied.
Can a child under 18 apply for SET LR on the grounds of 10 years lawful residence?

Yes, a child who has completed 10 years continuously and lawfully in the UK can apply for ILR on the basis of 10 years long residence.

FAQs - ILR Tier 1 Entrepreneur

What are the useful online sources for information about ILR as Tier 1 Entrepreneur?

Following are the useful online sources of information for Indefinite Leave to Remain (ILR) as Tier 1 Entrepreneur:

Home Office UKVI Guidance On ILR As Tier 1 Entrepreneur

The Home Office UKVI guidance on Tier 1 Entrepreneur visa is a useful source of information for applicants who are considering to apply for ILR as Tier 1 Entrepreneur.

gov.uk logo

245F. Requirements For Indefinite Leave To Remain (ILR)

Paragraph 245DF in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for ILR as a Tier 1 Entrepreneur.

gov.uk logo

OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for ILR as Tier 1 Entrepreneur from outside the UK?

No, you cannot apply for ILR as Tier 1 Entrepreneur from outside the UK and an ILR application application can only be made from inside the UK.

What is the processing time of ILR application as Tier 1 Entrepreneur?

An application for ILR as Tier 1 Entrepreneur can only be made using a standard service under which an application for ILR as Tier 1 Entrepreneur is normally decided within 3 to 6 months. If your application is complicated, it may take longer.

What are the eligibility requirements for ILR as Tier 1 Entrepreneur?

You can apply Indefinite Leave to Remain (ILR) as Tier 1 Entrepreneur Migrant if:

  • You currently have a Tier 1 (Entrepreneur) visa
  • You must have created 2 jobs during your last grant of leave (10 jobs if you are applying under the accelerated route to settlement)
  • You must be a genuine entrepreneur
  • you’ve been living in the UK for 5 years, (or 3 years if are applying under the accelerated route to settlement)
  • You must not have been absent from the UK for more than 180 days in any 12 months
  • You must have passed the Life in the UK test
  • You must meet the English language requirement
  • Your application must not fall for refusal under the general grounds for refusal
  • You must mut not be in breach of UK immigration laws except where paragraph 39E of the Immigration Rules applies
What is the deadline to apply for ILR as Tier 1 Entrepreneur?

Existing Tier 1 Entrepreneur applicants can apply for ILR as Tier 1 Entrepreneur before 6 April 2025. However, Tier 1 Entrepreneur Migrant who switched from Tier 1 Graduate Entrepreneur can apply for ILR as Tier 1 Entrepreneur Migrant before 6 July 2027.

FAQs - Extension/Renewal Of Sole Representative Visa UK

How can I apply for extension of my sole representative visa?

If you are already in the UK with sole representative visa, you can apply for extension/renewal of your sole representative visa by completing online application form FLR (IR).

Can I use Super Priority Service (decision within 24 hours) for my sole representative visa renewal?

No, you cannot use Super Priority Service for renewal of your sole representative visa as Super Priority Service is not available for sole representative visa extension application. You can only use standard service for extension of your sole representative visa .

For how long will I be granted further extension if my application for sole representative visa renewal is successful?

As a result of a successful application for renewal of your sole representative visa, you will be granted further leave to remain for 2 years as a sole representative.

Do I need a letter from my employer to renew my sole representative visa?

Yes, you will need a certification letter from your employer to support your application for renewal of your sole representative visa.

What are the eligibility requirements for sole representative visa extension?

To succeed in your application for sole representative visa extension application, you must satisfy the following eligibility criteria:

  • You must be in the UK with sole representative visa as a representative of an overseas business;
  • You must still be working for the same employer in the UK branch or subsidiary of the overseas parent company;
  • You must only intend to work for the same employer full time and in the same job as a representative of an overseas business;
  • You must show that you have been in receipt of salary from your employer by providing evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid: for example, whether basic or commission, and the number of hours paid;
  • You should provide confirmation from your employer that you are still required for your job as a sole representative;
  • Your employer's principal place of business and business head quarter is still outside the UK;
  • You must show that you have established and are in charge of a branch or subsidiary in the same type of activity as the parent company;
  • You must provide evidence that you have generated business, principally with firms in the UK, on behalf of your employer since entry to the UK or your last extension of stay: the evidence must be in the form of accounts, copies of invoices or letters from firms who you have done business with, including indications of the value of transactions;
  • You must provide a Companies House certificate of registration as a UK establishment (for a branch) OR a certificate of incorporation (for a subsidiary) with either a copy of the share register or a letter from the company’s accountants confirming that all shares are held by the parent company;
  • You must be able to maintain and accommodate yourself and any dependants adequately without recourse to public funds;
  • You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.
How can I challenge the refusal of my sole representative visa extension application?

If your application for renewal of sole representative visa is refused by the Home Office UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will consider and decide your Administrative Review (AR) within 28 days of receiving the Administrative Review (AR).

Can I re-apply for sole representative visa extension after the refusal of my visa renewal application?

You can re-apply for extension of your sole representative visa after the refusal of your renewal application within 14 days of either the refusal of your application or within 14 days of the Administrative Review (AR) decision against the refusal of your application. Our expert team of immigration solicitors can help you prepare and file a fresh application for sole representative visa extension after the refusal of your visa renewal application.

What is the processing time of sole representative visa extension application?

According to the Home Office UKVI website, a decision on your sole representative visa extension application will be made within 8 weeks.

You’ll be contacted if your application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)

FAQs - Proposed Civil Partner Visa UK

What is the definition of a proposed civil partner?

A proposed civil partner is a person who wishes to legally register his / her partnership with another person of the same sex.

What is the definition of a sponsor?

In an application as a proposed civil partner, the ‘sponsor’ is the person with whom the applicant intends to register a civil partnership.

What is the age requirement for proposed civil partner visa UK?

Both the applicant and the UK proposed civil partner of the applicant must be aged 18 or over for proposed civil partner visa application to succeed. In cases where the applicant is within a couple of months of their 18th birthday, and the other party is 18 or over, the Entry Clearance Officer (ECO) has discretion to issue UK visa entry clearance but valid only from when the person under 18 has reached their 18th birthday.

What evidence is required of ‘intention to live together’?

Intention to live permanently with the other means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit.

In a case considered in the High Court in November 1996, Keen J held that:

‘The concept of intention is no doubt a complex one, but it appears to me that one can indeed have a genuine intention, notwithstanding that the carrying out of that intention is dependent on, or could be frustrated by, some extraneous event.’

He went on to conclude that the requirement of the Rules relating to the intention of the parties to the marriage could be met where the British citizen (or legally resident foreign national) spouse insisted on remaining in the UK. In other words, a conditional intention to live together could be sufficient to meet the ‘intention to live together permanently’ requirement.

Is there a requirement to have met?

Yes, the Immigration Rules for proposed civil partner visa application require that both the applicant and the UK sponsor must have met each other in person otherwise the application for proposed civil partner visa can be refused by the Entry Clearance Oficer (ECO) for this reason.

In case of Abdulmajid Esmail Jaffer, the Tribunal held that ‘to have met’ meant something more than a mutual sighting. They also felt that a mere coming face-to-face followed by telephone or written contact would be insufficient to satisfy the rule, as would a family background together with such a face-to-face meeting. In their view the essential test of whether the rule had been satisfied was whether the couple had had a face-to-face meeting which in itself had resulted in the making of mutual acquaintance.

A relationship that has developed over the Internet would not satisfy the ‘to have met’ requirement unless the relationship included a personal face-to-face meeting between the couple concerned. Evidence of a face-to-face meeting might include a travel history, relevant email exchanges etc.

What evidence is required to prove freedom to marry?

For single adults, the Registrar normally accepts the parties’ declaration that they are free to marry. The ECO may, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he / she is going to marry. This is unless there are strong grounds to believe that one of the parties is still married/in a civil partnership or has been married / in a civil partnership previously and is concealing this fact. In such cases the ECO may make whatever enquiries as seem appropriate.

Where the ECO has doubts about an applicant’s intention to marry, the ECO may ask to see evidence of freedom to marry before issuing an entry clearance which may include:

  • Widowed person: death certificate of the late spouse.
  • Surviving civil partner: death certificate of the deceased civil partner.
  • Divorced person: evidence of divorce e.g. a divorce certificate.
  • Dissolved civil partnership: evidence of the dissolution, for example, dissolution certificate.
What is the cost of proposed civil partner visa UK?

The Home Office UKVI fee for proposed civil partner visa UK is £1523.

In addition to the UK visa fee, you will also have to pay the legal costs of solicitors if you are getting professional services for your proposed civil partner visa UK. Fixed fees charged by our expert team of proposed civil partner visa solicitors are given in the table below:

Our Service Our Fee
One-Off immigration consultation for proposed civil partner visa Entry Clearance £80 (no VAT)
One-Off Application Checking Service / Documents Assessment £3000 (no VAT)
Full service for proposed civil partner visa Entry Clearance to cover all the work until decision by the Entry Clearance Officer (ECO) From £1,000 To £2,000 (no VAT)

The agreed fixed fee will depend on the complexity of the proposed civil partner visa entry clearance application and the volume of casework involved in the application.

When is the proposed civil partner visa UK fee paid?

Proposed civil partner visa UK fee is paid to the Home Office UKVI at the time of online submissino of the proposed civil partner visa application.

Do I have to pay the Immigration Health Surcharge for proposed civil partner visa UK?

Applicants for proposed civil partner visa UK do not have to pay the Immigration Health Surcharge (IHS) for their proposed civil partner visa application.

Will I lose the Home Office UKVI fee for proposed civil partner visa if my proposed civil partner visa application is refused by the Entry Clearance Officer (ECO)?

In the event of refusal of proposed civil partner visa application, the applicant will lose his/her UK visa fee because the proposed civil partner visa fee will not be refunded to the applicant. It is therefore important to have proper legal help and assistance with the preparation and submission of the proposed civil partner visa application.

FAQs - Naturalisation As A British Citizen

How criminal convictions in the UK can affect the good character requirement?

An applicant will normally be refused if they:

  • have a criminal conviction which falls within the sentence-based thresholds
  • are a persistent offender
  • have committed an offence which has caused serious harm
  • have committed a sexual offence or their details are recorded by the police on a register
What is setnence based threshold for good character requirement for naturalisation as a British Citizen?

An applicant will normally be refused if they have received:

  • a custodial sentence of at least 4 years
  • a custodial sentence of at least 12 months but less than 4 years unless a period of 15 years has passed since the end of the sentence
  • a custodial sentence of less than 12 months unless a period of 10 years has passed since the end of the sentence
  • a non-custodial sentence or other out-of-court disposal that is recorded on their criminal record which occurred in the 3 years prior to the date of application

It is pertinent to note that the whole sentence imposed by the court that counts, not the time served by the applicant. The Rehabilitation of Offenders (Northern Ireland) Order 1978 still applies to applicants who reside in Northern Ireland. This means that the fact a conviction is spent will be relevant to these applications.

Do convictions and sentences imposed outside the UK affect naturalisation application?

Yes, overseas convictions and sentences can result in refusal of a naturalisation application on good character grounds. Any overseas conviction or non-custodial sentence will be treated by the Home Office in the same way as one imposed in the UK. The starting point will always be the sentence imposed.

Does being a persistent offender affect the naturalisation application?

According to Home Office Guidance, the overall pattern of behaviour may justify refusing an application, even if the individual sentences imposed would not normally in themselves be a reason for refusal. When considering whether the applicant falls to be refused because they are a persistent offender, the Home Office will consider:

  • the number of offences committed, the seriousness of those offences and the timescale over which they were committed
  • the impact of the offences on the public
  • whether the offences have escalated in seriousness
Can my naturalisation application be refused on the grounds of committing an offence which has caused serious harm?

It is at the discretion of the Secretary of State whether he/she considers an offence to have caused serious harm. When considering whether the applicant falls to be refused because they have committed an offence which has caused serious harm, the Home Office will take into account any offender management reports and any sentencing remarks made by the judge relating to the impact on the victim. Where a person has been convicted of one or more violent, drugs or sex offences, or hate crime or racially/religiously motivated offences, they will usually be considered to have been convicted of an offence that has caused serious harm. However, the Home Office must balance these considerations with the length of time passed since the offence occurred.

Will my naturalisation application be refused if I am on register of sex offenders?

The Sexual Offences Act 2003 requires a person to notify their local police force of their name, address and other details, including any changes to those details, if, in respect of certain sexual offences. Details are recorded by the police on a register (commonly known as the Sex Offenders Register).

Any application for British Citizenship from a person who is subject to reporting notifications or to one of the orders for sexual offences will normally be refused for as long as the order remains in force. This is regardless of whether their conviction or convictions still come within the sentence-based thresholds. A person’s inclusion on the register will cease after a set period of time. This depends on how long they were sentenced to be on the register.

How would non-custodial sentences and other out of court disposals affect my naturalisation application?

Various types of non-custodial sentences and penalties a person may receive can reflect negatively on a person’s character. A person's application for naturalisation as a British may not succeed if he has received non-custodian sentence or has had other out of court disposal within last 3 years before decision on the application.

Absolute and conditional discharges

Absolute and conditional discharges are considered as non-custodial offences or other out of court disposals, recorded on a person’s criminal record. The exception to this is where the person is given a conditional discharge but commits a further offence during the period of conditional discharge and is re-sentenced. In such a case the order conditionally discharging the person will be considered as a conviction when assessing the good character requirement.

Fines

A fine counts as a criminal conviction and forms part of someone’s criminal record. Fines must be declared and may result in refusal if received within the last three years.

Fixed Penalty Notices

A fixed penalty notice will not normally result in refusal unless the person has failed to pay or has unsuccessfully challenged the notice and there were subsequent criminal proceedings resulting in a conviction. In such instances, they would be treated in line with the sentence imposed by the court. However, multiple fixed penalty notices over a short period of time could demonstrate a disregard for the law and therefore demonstrate that someone is not of good character.

Cautions, Warnings And Reprimands

A caution (simple or conditional), youth caution, warning or reprimand, are all examples of an ‘out of court disposal’ which are recorded on a person’s criminal record. Youth cautions are a formal out of court disposal that can be used as an alternative to prosecution for young offenders (aged 10 to 17) in certain circumstances.

A reprimand is issued for a minor first offence and where there is sufficient evidence for prosecution. A final warning is issued by the police for a second offence, no matter how minor. It is also possible to get a final warning for a serious first offence.

A reprimand and a final warning are non-custodial sentences and would be treated in the same way as a caution when considering whether an applicant meets the good character requirement. Even where a person does not have a caution, warning or reprimand within the last 3 years, an application may still be refused if the person has received multiple disposals of this kind that show a pattern of offending.

Community Resolutions

A community resolution is used for less serious offences or anti-social behaviour. It is a tool which enables the police to make decisions about how to deal more proportionately with lower level crime and is primarily aimed at first time offenders where genuine remorse has been expressed and where the victim has agreed that they do not want the police to take more formal action. In establishing whether the good character requirement is met, Home Office would consider the seriousness of the offence and whether it was a first-time offence.

Community Sentences

Where a person is convicted of a crime by a court they may receive a variety of sentences other than custody. These are often referred to as community sentences.
They are designed to allow offenders to follow programmes to rehabilitate them, or to do work for the community.

Having one or more of the community sentences is a non-custodial sentence or other out of court disposal that is recorded on a person’s criminal record. Even where a person does not have a community sentence within the last 3 years, Home Office may still conclude that a person is not of good character, and therefore refuse an application, if they have received multiple disposals of this kind that show a pattern of offending.

Detention And Training Orders

A detention or training order (DTO) applies to young people aged between 12 and 17 who have been given a sentence of between four months and two years. The first half of the sentence is spent in custody and the second half in the community. The seriousness of the offence is always taken into account when a young person is sentenced to a DTO.

Confiscation And Forfeiture Orders

A confiscation order is made after conviction to deprive a person of the financial benefit or benefits they have obtained from criminal conduct. This is similar to a fine, with the person against whom the order has been made having to pay the amount within a set period. However, it is not treated as a fine for the purposes of a conviction and it does not count as a non-custodial sentence.

Instead, where a person has had a confiscation or forfeiture order made against them, Home Office would consider whether that indicates a person is not of good character (either on its own or in combination with other factors) even if the sentence they received alongside the order would not in itself lead to a refusal.

Civil Orders

The criminal and civil courts have numerous powers to make orders relating to a person’s conduct, and whilst the making of such an order does not result in a conviction being recorded against the individual concerned, this will have a bearing on any assessment of that person’s character. Some orders follow automatically on conviction. For example, a restraining order may follow on from a conviction for assault. Others may be applied for by the police, the CPS or the alleged victim.

An order may contain conditions prohibiting an individual from carrying out specific anti-social acts or, for example, entering defined areas. A civil order will not normally result in refusal unless the person has:

  • violated or broken the civil order and there were criminal proceedings as a result, or
  • received an order or orders which would suggest a pattern of behaviour that calls into question their character, or
  • there are other factors to suggest the individual is not of good character.
    In cases where a person has violated or broken the civil order and there were criminal proceedings as a result, you must consider this as a conviction and assess it in line with the new sentence imposed.

Hospital Orders And Restriction Orders

Hospital orders are different to civil orders. A crown court or magistrate’s court in England or Wales may authorise detention in a hospital for treatment where a person has committed an offence (for example, a hospital order under section 37 of the Mental Health Act 1983). To do this the court should be satisfied that the offender is suffering from mental illness, psychopathic disorder, or some degree of mental impairment.

In addition to a hospital order, the court may impose a restriction order under section 41 of the 1983 Act. The court will take into account the nature of the offence, the person’s history, and the risk of the person offending in the future. Where a person is the subject of a hospital order, it is important to find out whether there is a restriction order too.

A hospital order will usually cease to have effect on the date the person is discharged from hospital. This will happen unless the person has been recalled to hospital. In these cases, the order remains in effect until fully discharged.

Being subject to a hospital order is a non-custodial offence or other out of court disposal that is recorded on a person’s criminal record. However, if the hospital order or restricted hospital order has not been fully discharged, Home Office would normally refuse the application irrespective of when the person was subject to the order.

How would Home Office UKVI consider cumulative non-custodial sentences in my application for naturalisation as a British Citizen?

Home Office, UKVI may still refuse an application where a person’s record shows a ‘non-custodial offence or other out of court disposal’ older than 3 years, if the circumstances of the conviction or disposal call the person’s character into question. This will be a case specific consideration, taking account of the following factors:

  • Number of non-custodial sentences: Home Office will consider the number of non-custodial sentences or other out of court disposals on the applicant’s record. There is no set number of non-custodial sentences or other out of court disposals that would lead to an application being refused; however, the higher the number the more likely it is the application will be refused.
  • Period over which offences were committed: Home Office will consider the period over which offences were committed or other disposals occurred. For example, a series of minor offences or disposals in a short space of time may indicate a pattern of sustained anti-social behaviour or disregard for the law which will be relevant to the assessment of the person’s character.
  • Older non-custodial sentences or out of court disposals may be relevant if there are other serious factors.
  • Nature of the offences: Home Office will consider the nature of the offences or the behaviour that led to other disposals. For example, anti-social behaviour, drug use, or violence may indicate that a person’s character is such that their application should be refused (particularly if there is a pattern of such behaviour)
  • Applicant’s age at the date of conviction: Home Office will consider the applicant’s age at the time older non-custodial sentences were imposed or other out of court disposals took place. Isolated youthful indiscretions will not generally indicate a person is of bad character if that individual has clearly been of good character since that time.
  • Exceptional or other circumstances: Home Office will consider the relevance of particular circumstances in someone’s life when they received the non-custodial sentence or the other out of court disposal.

    The list of factors above is not exhaustive.
Do pending prosecutions affect application for naturalisation as a British?

Pending prosecutions may be discovered through criminality checks or because they are self-declared by the person. British Citizenship will not normally be granted to a person who has a pending prosecution and the Home Office will normally place the application on hold until the outcome of judicial proceedings.

What be the effect of international crimes, terrorism and other non-condusive activities on a person's naturalisation application?

A person's application for naturalisation as a British Citizen may be refused by the Home Office UKVI if the person has been involved in activity or behaviour that are not conducive to the public good and where the person poses or has posed a threat to the public, or particular sections of society, whether in the UK or elsewhere.

Also, if there is information to suggest that the person has been involved in international crimes or serious human rights violations, they will not normally be considered to be of good character and the application for naturalisation as a British Citizen will fall to be refused.

Can a person's financial soundness have any effect on meeting the good character requirement for naturalisation as a British Citizen?

The financial situations of a person can affect his good character when deciding an application for naturalisation as a British Citizen.

Bankruptcy And Liquidation

The Home Office UKVI will consider whether the person was reckless or irresponsible in their financial affairs leading to their bankruptcy or their company’s liquidation. If so, it is likely to be reflected by a disqualification order which prevents a person from being a Director or taking part in the management of a limited company for a period of up to 15 years. Details of all disqualifications will be on the Companies House website. Where a person has a disqualification order, an application for British Citizenship will normally be refused.

An application will also normally be refused where the person has deliberately relied on a recession to avoid payment of taxes or payment to creditors. However, where the person was made bankrupt or their company went into liquidation through little or no fault of their own, the application will not normally be refused. For example, they may have simply been a victim of the poor business decisions of others or their business has been severely affected by an economic downturn.

Debt

An application will not normally be refused simply because the person is in debt, especially if loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts. However, where a person deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, the application will normally be refused.

NHS Debt

A person will not normally be considered to be of good character if they have outstanding debts to the NHS in accordance with the relevant NHS regulations on charges to overseas visitors. The Home Office will write to the applicant in all cases where checks have identified there is an outstanding NHS debt and ask them to demonstrate they have paid their debt. Once an NHS debt has been cleared, Home Office UKVI will not count it when assessing whether an applicant is of good character.

Fraud in relation to public funds

An application will not be refused simply because the person is reliant on public funds. However, an applicant may be knowingly drawing or has knowingly drawn public funds to which they are not entitled. Where this is the case, the application for citizenship will normally be refused.

Non-payment of council tax

An application will not normally be refused where the person has been unable to pay council tax because of their financial position, particularly if an arrangement is being, or has been, negotiated with the relevant authority. However, payment of council tax is a legal requirement and non-compliance is a punishable offence. Therefore, an application will normally be refused where a person has either:

  • unreasonably failed to pay
  • provided a false statement or statements, including failing to declare their full circumstances, to avoid paying the correct rate
Can I be refused naturalisation as a British Citizen based on allegations of deception and dishonesty?

Concealment of information or lack of frankness will raise doubt about, and therefore reflect poorly on, the applicant’s character. An application will normally be refused only where the person has attempted to lie or conceal the truth about an aspect of their application, whether on the application form or in the course of enquiries, including where they have knowingly provided false personal details, for example date of birth, name or nationality.

Deceitful or dishonest dealings with Her Majesty’s Government

An application will normally be refused where the person has attempted to deceive or otherwise been clearly dishonest in their dealings with another government department. Where false or deliberately misleading information was provided in an earlier immigration application, Home Office will consider whether it is also appropriate to refuse on grounds of deception. The extent to which false information was provided would be be assessed and what, if anything, was intended or actually gained as a result.

The Home Office UKVI should not refuse an application if they are satisfied that the person made a genuine mistake on an application form or claimed something to which they reasonably believed or were advised they were entitled to and there are no other adverse factors impacting on the applicant’s good character.

Failure to disclose information required in a nationality application

Where the applicant fails to disclose information that would result in the application being refused on good character grounds, the application will be refused and any further application for citizenship will normally be refused for the next 10 years. This applies unless it is accepted that the failure to disclose was unintentional and a genuine error.

Deception in previous applications

An application will normally be refused where there is evidence that a person has employed deception either:

  • during the citizenship application process
  • in a previous immigration application in the previous 10 years

An application will normally be refused if there has been any deception in the 10 years prior to the application for citizenship. For these purposes, the deception is regarded as continuing until the date on which it is discovered or admitted. For example, if a person used deception in an application in 2008, but that was discovered or admitted to in 2010, the 10-year period would start in 2010.

Can immigration related issues affect good character requirement for naturalisation as a British Citizen?

The immigration abuses by a person can be relevant when assessing the good character requirement in citizenship applications.

Deportation order

If the applicant is the subject of an extant deportation order, they will normally fall to be refused. If a decision is made to revoke the deportation order Home Office will proceed to consider the application in the usual manner.

Sham marriages or civil partnerships and marriages or civil partnerships of convenience

An application will normally be refused where there is evidence that a person has entered or attempted to enter into a sham marriage or civil partnership or a marriage or civil partnership of convenience in the 10 years prior to the application. For these purposes, the 10-year period starts from the point the deception is discovered or admitted.

Abuse of the English language or Knowledge of Life tests

An application will normally be refused where there is evidence that a person has practised deception in a Knowledge of Life, Life in the UK or English language test in the 10 years prior to the application.

Prosecution for false statements (applications for citizenship)

Under section 46(1) of the British Nationality Act 1981 (BNA 1981), a person who knowingly or recklessly makes a false statement, either in the application or during an interview, is liable to prosecution. In cases where a false statement is made, Home Office will consider referring the evidence to the police. If the CPS decides to prosecute a person, a decision on the application will be deferred until the outcome of the proceedings is known. Any subsequent application for citizenship will also normally be refused if it is made within 10 years from the date of the refusal on these grounds.

False statements by referees

Referees may also be liable to prosecution under section 46(1) where they have been involved in attempts to deceive, for example, by deliberately making false statements about the length and nature of their acquaintance with the person. An application will normally be refused if there has been any deception by a referee in the 10 years prior to the application for citizenship. For these purposes, the deception is regarded as continuing until the date on which it is discovered or admitted.

Failing to pay litigation costs

Litigation debt is a debt owed to the Home Office where the court or Tribunal has ordered another party to pay Home Office legal costs. Failing to pay litigation costs owed to the Home Office may demonstrate that a person is not of good character.

Non-compliance with immigration requirements

An application will normally be refused if, within the previous 10 years (before the date of decision), the person has not complied with immigration requirements, including having:

  • failed to comply with (breached) conditions imposed under the Immigration Acts, for example:
    • accessed public funds when prohibited from doing so
    • worked in the UK without permission to do so
    • studied in the UK in contravention of any restrictions on studying
    • failed, without reasonable excuse, to report when required to do so
  • remained in the UK after their leave, including when leave extended by virtue of section 3C or 3D of the Immigration Act 1971 has expired.

Abuse of immigration requirements may also occur if a person enters or remains in the UK for a purpose other than that for which they were given leave to enter or remain. For example, where a person is found to be working full time in the UK having entered the UK as a Tier 4 student and having failed to undertake or complete the course of study for which the leave was given.

Overstaying

Where a person overstayed at some point in the 10 years prior to an application for citizenship, discretion to overlook this breach will normally only be considered if it is the sole adverse factor weighing against the person’s good character; and

  • the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave, or
  • the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied, or
  • the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.

Illegal Entry

If an applicant entered the UK illegally, an application for citizenship will normally be refused if the illegal entry is confirmed as having occurred during the preceding 10 years. However, Article 31 states that refugees should not have any penalties imposed upon them as a consequence of illegally entering or being present in the country of refuge illegally in order to seek sanctuary, provided that they:

  • travelled to the country of refuge directly from the territory where they fear persecution
  • presented themselves to the domestic authorities without delay
  • showed good cause for their illegal entry or presence

An applicant who, having entered illegally, delayed claiming asylum beyond this period will normally be refused citizenship unless there is a reasonable explanation for the delay.

Absconders

A person given temporary admission, temporary release, bail or release on a restriction order may be required to report at stipulated intervals to a port of entry or to an immigration reporting centre. A person who fails to comply with any reporting restrictions, thus no longer maintaining contact with the Home Office so that their whereabouts are unknown, may become subject to absconder action. A person who has previously absconded will normally be refused citizenship for a period of 10 years from the date they last brought themselves or came to the attention of the Home Office after having absconded.

Assisting illegal migration

An application for citizenship will normally be refused if there are grounds for believing that the person is currently, or has previously been, involved in an attempt to assist someone in the evasion of immigration control. This includes a person who has assisted another person to enter or attempt to enter into a sham marriage or civil partnership. In such cases refusal will normally be indefinite.

Illegal working

An application will normally be refused if, within the previous 10 years (before the date of decision), the person has worked in the UK when their conditions of leave prohibited employment.

Hiring illegal workers

Where there is reliable evidence to suggest that a person has employed illegal workers, their application for citizenship will normally be refused. In such cases refusal will normally be indefinite.

Deprivation of citizenship

In cases where the deprivation was based on fraud, false representation or the concealment of material fact under section 40(3) of the BNA 1981, any further application made within a period of 10 years from the date the deprivation order was issued will normally be refused. For cases where the deprivation decision was made on ‘conducive to the public good’ grounds under section 40(2) of the BNA 1981, any further application will normally be refused. For example, deprivation on the grounds that someone has committed a serious criminal offence may also involve a conviction that will mean a person would never normally be eligible to re-acquire citizenship. If a person re-applies for citizenship after having been deprived and asks for discretion to be exercised in their favour, applications should be referred to the Chief Caseworker.

How does the Home Office UKVI apply the good character requirement to young persons?

The good character requirement applies to a person who is aged 10 or over at the date of application. When assessing whether a child is of good character, the Home Office caseworker must take account of any mitigation relevant to the child’s particular circumstances. Consideration must also be given by Home Office caseworkers to any subsequent mitigation put forward by the applicant that was not taken into account at the time of sentencing.

The Home Office caseworker may exercise discretion where a child’s criminality would result in a lifetime refusal of any citizenship application (i.e. over 4 years in prison). In these cases the amount of time passed since the crime should be weighed up against any evidence of rehabilitation.

Can I apply for naturalisation as a British Citizen using Super Priority Service and get decision within 24 hours?

No, you cannot submit a naturalisation application through Super Priority Service because such fast track service is not available for nationality applications. However, you are allowed to travel abroad whilst your application is pending with the Home Office UKVI.

FAQs - Immigration Bail

Who can apply for immigration bail?

You can apply for immigration bail if you are detained in an immigration removal centre, a detention centre or a prison. You must be held on immigration matters.

FAQs - Tier 1 Entrepreneur Visa UK - Entry Clearance

What are the useful online sources for information about Tier 1 Entrepreneur visa UK entry clearance?

Following are the useful online sources of information and advice relating to Tier 1 Entrepreneur visa entry clearance:

Home Office UKVI Guidance On Application For UK Visa As Tier 1 Entrepreneur

The Home Office UKVI guidance on application for UK visa as Tier 1 Entrepreneur is a useful source of information for applicants who are considering to apply for UK visa entry clearance as Tier 1 Entrepreneur.

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245DB. Requirements For Entry Clearance

Paragraph 245DB in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for UK visa entry clearance as Tier 1 Entrepreneur.

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OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for Tier 1 Entrepreneur visa entry clearance from outside the UK.

The Tier 1 Entrepreneur visa category has been closed by the Home Office UKVI from 30 March 2019 for initial applications and has been replaced by Innovator visa category. However, a person with Tier 1 Graduate Entrepreneur leave or someone who switched from Tier 1 Graduate Entrepreneur to Start-up visa can still make initial application for Tier 1 Entrepreneur visa. Also, a person who previously had Tier 1 Graduate Entrepreneur visa in last 12 months can apply for Tier 1 Entrepreneur visa entry clearance from outside the UK.

What is the processing time of Tier 1 Entrepreneur visa entry clearance application?

Standard Service

An application for Tier 1 Entrepreneur visa entry clearance made using standard service is normally granted within 3 to 4 weeks.

Priority Service

If the Prioirty Service is available in the country you’re applying from you can choose the ‘priority service’ when you apply. There will be an additional cost for this service. A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

You might wait longer for a decision if your application is not straightforward and more information is required before a decision is made. If your application is delayed, you will be informed by the Entry Clearance Officer (ECO) within the standard timescales for your visa.

What are the eligibility requirements for Tier 1 Entrepreneur visa entry clearance?

You can apply for UK visa entry clearance for Tier 1 Entrepreneur visa if you have:

  • a valid Tier 1 (Graduate Entrepreneur) visa
  • a valid Start-up visa, and you switched from a Tier 1 (Graduate Entrepreneur) visa for your second year
  • a Tier 1 (Graduate Entrepreneur) visa that expired less than 12 months ago
  • a Start-up visa that expired less than 12 months ago, and you switched from a Tier 1 (Graduate Entrepreneur) visa for your second year
What are the conditions of grant of UK visa entry clearance as a Tier 1 Entrepreneur?

Permission to stay under Tier 1 Entrepreneur route will be subject to the following conditions:

  • no recourse to public funds (which means you will not be able to claim most benefits paid by the state);
  • registration with the police, if this is required by paragraph 326 of the Immigration Rules;
  • no employment other than working for the business or businesses that you have established, joined or taken over, but working for such business(es) does not include any work you do which is effectively employment with another business;
  • no employment as a professional sportsperson (including as a sports coach); and
  • study subject to getting ATAS certificate, where required by the Rules.
Can I sponsor my dependants to join me or accompany me to the UK?

You can sponsor your dependants (spouse/partner and children under the age of 18) to accompany you to the UK or to join you later in the UK as your dependants.

What Is The Points Based Criteria For Tier 1 Entrepreneur Visa Entry Clearance?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section, English language and funds for maintenance. A Tier 1 Entrepreneur migrant should score 95 points in total to qualify for entry clearance as a Tier 1 Entrepreneur migrant. The breakdown of the required points for Tier 1 Entrepreneur visa entry clearance is given in the table below:

Criterion Points
The applicant must demonstrate that they have access to funds of at least £50,000 which is available to them or their business. 25
The applicant’s money is held in one or more regulated financial institution 25
The applicant’s money is disposable in the UK. If the applicant is applying for leave to remain the money must be held in the UK. 25
Funds for maintenance 10
English language 10
Total Points 95
Do I need a business plan to apply for Tier 1 Entrepreneur visa for the UK?

If the applicant is making an initial Tier 1 Entrepreneur visa entry clearance application, they must provide a business plan, setting out their proposed business activities in the UK and how they expect to make their business succeed.

Do I need overseas criminal record certificate to apply for my Tier 1 Entrepreneur visa entry clearance?

If you are applying for entry clearance as a Tier 1 (Entrepreneur) migrant or as an adult dependant (over 18 years old) of the main applicant in this route, you must provide an overseas criminal record certificate for any country you have been present in continuously or cumulatively for 12 months or more, in the 10 years prior to your application.

You must provide the following specified documents:

  • The certificate, for each country (excluding the UK) where you resided continuously or cumulatively for 12 months or more in the last 10 years, since aged 18 years old, issued by the overseas authority, and
  • If the original is not in English, then you must provide a translated copy of certificate, in line with the requirements set out in the criminal records checks guidance on GOV.UK.

Certificates will only be considered valid if they have been issued within 6 months of the visa application or within the expressed validity period of the document, whichever is shorter. Current information on how to obtain certificates from various countries can be found in the criminal records checks guidance on GOV.UK.

If you are unable to obtain a certificate, for example, because the country does not produce such documents or because of any other reasons, you must provide a letter which details your attempts to obtain a certificate and confirm why this has not been possible. You should submit this letter with your other supporting documents when you apply. UKVI will consider your explanation against the situation in those countries and decide whether to waive the requirement. If UKVI concludes that it is possible for you to obtain a certificate but you have failed to do so, you will be asked again to provide a certificate.

If you fail to provide any certificates or an acceptable explanation, your application will be refused under paragraph 320 (2A) of the General Grounds for Refusal in Part 9 of the Immigration Rules. If you provide false or fraudulently obtained certificates your application will be refused. You may also be subject to a 10 year ban for any future entry clearance applications.

FAQs - Spouse Visa Entry Clearance UK

What are the useful online sources for information about spouse visa entry clearance for UK?

 You can rely on following useful online sources to find an answer to your question about UK spouse visa entry clearance application:

How To Apply For Switching Into Spouse Visa Online

The Home Office UKVI website gives you access to the online application form to apply for switching into spouse visa online from inside the UK.

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Appendix FM: Immigration Rules

Appendix FM to the UK Immigration Rules sets out the requirements an applicant has to meet for switching into spouse visa from inside the UK.

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Appendix FM SE: Immigration Rules

Appendix FM SE to the Immigration Rules sets out the specified documents to meet the financial requirement for switching into spouse visa from inside the UK.

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Appendix FM Financial Requirement: Home Office Guidance

The Home Office UKVI guidance on meeting the financial requirement is a useful source of information and guidance on how to meet the financial requirement for switching into spouse visa from inside the UK.

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Approved English Language Tests For Switching Into Spouse Visa

The Home Office UKVI page Applying for a UK visa: approved English language tests is a useful source of information about approved English language test centres in the UK and around the world for spouse visa application.

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Partner, Divorce & Dissolution Guidance UKVI

The Home Office UKVI guidance: Partner, Divorce & Dissolution Guidance UKVI is a useful source of information and guidance about the validity of marriage, divorce, civil partnership or dissolution of civil partnership.

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Upper Tribunal decision in CB (Brazil) (validity of marriage: proxy marriage) [2008] UKAIT 00080 on the recognition of proxy marriages in the UK

This case law deals with the validity of proxy marriages and whether or not such marriages are considered as legally recognised in the UK.

What documents do I need to apply for UK spouse visa entry clearance?

The documentary evidence to be submitted in support of the spouse visa entry clearance for UK varies from case to case depending on the personal circumstances of the applicant and the sponsor. Our specialist spouse visa solicitors can provide you a comprehensive list of supporting documents after fully assessing the personal circumstances of the applicant and the UK sponsor.

Can I track my UK spouse visa application online?

It is no longer possible to track the status of your spouse visa application online. To know the current status of your spouse visa application, you must use Home Office UKVI email or phone option, which unfortunately is NOT FREE. You must provide your GWF number when calling or emailing them.

For how long the UK visa is granted if my application for spouse visa entry clearance is successful?

As a result of your spouse visa entry clearance application being successful, you will be issued with vigenette endorsed on your passport valid for 30 days to facilitate your entry in the UK.

Within 10 working days after your entry in the UK during the given 30 days, you should collect your Biometric Resident Permit (BRP) card from the designated pre-selected post office. Your UK visa entry clearance will be valid for 33 months on your Biometric Resident Permit (BRP) card.

How long does a UK spouse visa entry clearance application take?

The processing time of the spouse visa entry clearance application are as follows:

Standard Service

An application under standard service is decided normally within 12 weeks after the enrolment of biometrics at the UK visa application centre.

Priority Service

An application under Priority Service is normally decided within 6 to 8 weeks after the enrolment of biometrics at the UK visa application centre.

Super Priority Service

An applicaton for spouse visa entry clearance under Super Priority Service is normally decided within 24 hours after the enrolment of biometrics at the UK visa application centre. The Super Priority Service is not available from most of the countries at present.

How much do you have to earn to bring your spouse to the UK on spouse visa?

Your sponsor must be earning not less than £18,600 gross per year if you are applying for spouse visa with no dependent children.

Will I get right to appeal against the refusal decision if my spouse visa entry clearance application is refused by the Entry Clearance Officer (ECO)?

If your spouse visa entry clearance application is refused by the Entry Clearance Officer (ECO) of the Home Office UKVI, you will get a right of appeal to challenge the refusal of your spouse visa entry clearance application. You should file appeal against spouse visa entry clearance refusal within 28 days after receiving the refusal decision.

Am I allowed to work in the UK on spouse visa?

Yes, you will have right to work full time whilst living in the UK on spouse visa.

I am an EU national with settled status in the UK. I got married to my husband after 31 December 2020. Can my husband apply for family permit under the EU Settlement Scheme (EUSS)?

Unless you are a national of Republic of Ireland, your husband cannot apply for EEA Family permit under the EU Settlement Scheme (EUSS) because your marriage took place after 31 December 2020. Your husband can apply for spouse visa entry clearance under Appendix FM of the Immigration Rules.

FAQs - Extension Of Overseas Media Representative Visa UK

How can I apply for extension of my overseas media representative visa?

If you are already in the UK with an overseas media representative visa, you can apply for extension/renewal of your overseas media representative visa by completing online application form FLR (IR).

Can I use Super Priority Service (decision within 24 hours) for my overseas media representative visa renewal?

No, you cannot use Super Priority Service for renewal of your overseas media representative visa as Super Priority Service is not available for overseas media representative visa extension application. You can only use standard service for extension of your overseas media representative visa.

For how long will I be granted further extension if my application for overseas media representative visa renewal is successful?

As a result of a successful application for renewal of your overseas media representative visa, you will be granted further leave to remain for 2 years as a representative of an overseas media organisation.

Do I need a letter from my employer to renew my overseas media representative visa?

Yes, you will need a certification letter from your employer to support your application for renewal of your overseas media representative visa.

What are the eligibility requirements for overseas media representative visa extension?

To succeed in your application for overseas media representative visa extension application, you must satisfy the following eligibility criteria:

  • You must be in the UK as a representative an overseas business and working in the UK as an overseas media representative;
  • You must still be working for the same employer as when you were issued your previous overseas media representative visa for UK. You must show that you are in receipt of a salary from your employer by evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid - for example, whether it was paid as basic or commission and the numbers of hours paid;
  • You are still required by your employer for the same job and this is certified by your employer way of a letter issued by your employer;
  • You only intend to work for the same employer in the same job as your entry clearance was granted for;
  • Your employer's principal place of business is still outside the UK;
  • You can maintain and accommodate yourself and your dependants adequately without recourse to public funds;
  • You must not be in breach of immigration laws, except that any periods of overstaying allowed by the Immigration Rules which will be disregarded.
How can I challenge the refusal of my overseas media representative visa extension application?

If your application for renewal of overseas media representative visa is refused by the Home Office UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will consider and decide your Administrative Review (AR) within 28 days of receiving the Administrative Review (AR).

Can I re-apply for overseas media representative visa extension after the refusal of my visa renewal application?

You can re-apply for extension of your overseas media representative visa after the refusal of your renewal application within 14 days of either the refusal of your application or within 14 days of the Administrative Review (AR) decision against the refusal of your application. Our expert team of immigration solicitors can help you prepare and file a fresh application for overseas media representative visa extension after the refusal of your visa renewal application.

What is the processing time of overseas media representative visa extension application?

According to the Home Office UKVI website, a decision on your overseas media representative visa extension application will be made within 8 weeks.

You’ll be contacted if your application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)

FAQs - Switching Into Spouse Visa (10 Years Route)

Do I have to meet the English language and financial requirement for switching into spouse visa under 10 years route?

No, you do not have to meet the English language requirement and financial requirement for switching into spouse visa under 10 years route.

Will I get in-country right of appeal if my FLR (FP) application as a spouse under 10 years route is refused by the Home Office UKVI?

Unless your human rights claim is certified by the Home Office UKVI as manifestly unfounded, you will get an in-country right of appeal against the refusal of your FLR (FP) application as a partner.

A decision of the Home Office UKVI to certify the human rights claim as manifestly unfounded and not give in-country right of appeal can be challenged by way of Pre Action Protocol and Judicial Review.

What is the cost of switching into spouse visa 10 years route?

The Home Office UKVI fees for switching into spouse visa 10 years route are as follows:

  • Application fee: £1033
  • Immigration Health Surcharge (IHS): £1,560
  • Biometrics Enrolment Fee: £19.20
  • Super Priority Service for decision within 24 hours (Optional): £800

In addition to the Home Office UKVI fees for switching into spouse visa under 10 years route, you will also have to pay the solicitors legal costs if you are getting legal help and assistance of a solicitor for switching into spouse visa under 10 years route. Our fixed fees for spouse visa 10 years route are given in the table below:

Our Service Our Fee
One-off immigration consultation/advice for switching into spouse visa 10 years route £80 (inclusive of VAT)
One-Off Spouse Visa Application Checking Service / Documents Assessment £240 (inclusive of VAT)
Full service for switching into spouse visa (10 years route) to  cover all the work until decision by the Home Office UKVI From £800 + VAT To £2,000 + VAT

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the application.

Can I switch from spouse visa 10 years route to spouse visa 5 years route?

Any time during the validity of leave to remain as spouse under 10 years route, the applicant can switch into spouse visa under the 5 years route so that he can qualify for Indefinite Leave to Remain (ILR) after spending 5 years on spouse visa rather than 10 years under the spouse visa. It is always better to make such application for switching from 10 years route to 5 years route as early as possible so that the qualifying time for ILR under the 5 years route can start as soon as you have switched into 5 years route. We can provide Super Priority Service for switching from 10 years route to 5 years route.

For How Loong Will I Be Granted Leave To Remain Under Spouse Visa 10 Years Route?

If your application for switching into spouse visa under the 10 years route is successful, you will be granted leave to remain in the UK for 30 months. You will need to complete 10 years in the UK with leave to remain as a spouse under 10 years route before you can apply for ILR as a spouse under 10 years route.

FAQs - Challenging Refusal Of Visitor Visa UK

I have pending Judicial Review (JR) against the refusal of my visitor visa application which is taking too long. Can I submit a fresh application whilst the Judicial Review (JR) is pending in the court?

You can make a fresh application whilst you have pending Judicial Review in the Upper Tribunal against the refusal of your previous visitor visa application. However, if you are granted visitor visa as a result of fresh application, you will have to withdraw the Judicial Review from the Upper Tribunal (UT) and you may have some legal costs implications.

FAQs - ILR Sole Representative

How can I apply for ILR as a sole representative of an overseas business?

You can apply for Indefinite Leave to Remain (ILR) as a sole representative by completing an online application form.

Can I apply for ILR as a sole representative using Super Priority Service?

No, you cannot use Super Priority Service for ILR as a sole representative as Super Priority Service is not available for ILR as a sole representative. You can only use standard service for ILR as a sole representative.

When can I apply for ILR as a sole representative?

You can apply for ILR as a sole representative 28 days before completing 5 years residence in the UK with leave to remain as a sole representative. Your qualifying period can include time from the date your initial application for entry clearance was approved.

What are the eligibility requiremets for ILR as a sole representative?

You can apply for ILR as a sole representative of an overseas business if you meet the following eligibility criteria:

  • You have completed 5 years in the UK with UK visa as a sole representative of an overseas business;
  • You have met the requirements of a representative of an overseas business throughout the 5 year period and you should still meet all the requirements - this includes being employed throughout the period, for example by providing P60s for the last 5 years and pay slips for the last 3 months;
  • You should provide evidence to show you have established a branch registered as a UK establishment or subsidiary and generated business;
  • You should provide evidence to show that your employer is still be actively trading and remains centred overseas;
  • You have no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’);
  • You provide proof that your employer still needs you to do your job;
  • You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.

You should also:

Can I re-apply for ILR as a sole representative after the refusal of my ILR application?

You can re-apply for ILR as a sole representative after the refusal of your ILR application within 14 days of either the refusal of your ILR application or within 14 days of the Administrative Review (AR) decision against the refusal of your ILR application. Our expert team of immigration solicitors can help you prepare and file a fresh application for ILR as a sole representative after the refusal of your ILR application.

What is the absences criteria for ILR as a sole representative?

You cannot have had more than 180 days’ absences from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as a sole representative. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For ILR application as a sole representative made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR as a sole representative application.

For example, you apply for ILR as a sole representative on 30 June 2020. Your continuous period includes the following grants of leave:

  • One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
  • One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

Work Related Absences Or Absences In Line With Annual Paid Leave

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave. You will need to provide this information for the full 5 year continuous period.

Absences Due To Serious Or Compelling Reasons

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Exemption Where Absences Are Not Considered

Your absences are not considered as part of the maximum 180 days where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis.

What is the processing time of ILR application as a sole representative?

According to the Home Office UKVI website, a decision on your ILR application as a sole representative will be made within 6 months.

You’ll be contacted if your ILR application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)
How can I challenge the refusal of my ILR as a sole representative?

If your application for ILR as a sole representative has been refused by the Home Office, UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will review the refusal decision and decide the Administrative Review (AR) request within 28 days of receiving the Administrative Review (AR) request.

FAQs - Switching Into Spouse Visa UK (5 Years Route)

What are useful online sources of information and guidance for switching into spouse visa under 5 years route?

You can rely on following useful online sources to find an answer to your question about switching into spouse visa 5 years route from inside the UK:

Apply Online For Switching Into Spouse Visa

The Home Office UKVI website gives you access to the online application form FLR (M) to apply for switching into spouse visa under 5 years route.

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Appendix FM: Immigration Rules

Appendix FM to the UK Immigration Rules sets out the requirements an applicant for switching into spouse visa under 5 years route from inside the UK.

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Appendix FM SE: Immigration Rules

Appendix FM SE to the Immigration Rules sets out the specified documents to meet the financial requirement for switching into spouse visa from inside the UK.

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Appendix FM Financial Requirement: Home Office Guidance

The Home Office UKVI guidance on meeting the financial requirement is a useful source of information and guidance on how to meet the financial requirement for switching into spouse visa from inside the UK.

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Approved English Language Tests

The Home Office UKVI page Applying for a UK visa: approved English language tests is a useful source of information about approved English language test centres in the UK and around the world for spouse visa application.

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Partner, Divorce & Dissolution Guidance UKVI

The Home Office UKVI guidance: Partner, Divorce & Dissolution Guidance UKVI is a useful source of information and guidance about the validity of marriage, divorce, civil partnership or dissolution of civil partnership.

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Upper Tribunal decision in CB (Brazil) (validity of marriage: proxy marriage) [2008] UKAIT 00080 on the recognition of proxy marriages in the UK

This case law deals with the validity of proxy marriages and whether or not such marriages are considered as legally recognised in the UK.

How soon can I apply for switching into spouse visa from inside the UK?

You can apply for switching into spouse visa from inside the UK any time during the validity of your current leave to remain or visa. You do not necessarily have to wait until 28 days before the expiry of your current leave rather it is better to switch earlier, if possible so that your qualifying time for ILR can start as soon you have switched into 5 years route.

How much does it cost to switch into spouse visa?

The Home Office UKVI fees for switching into spouse visa 5 years route are as follows:

  • Application fee: £1033
  • Immigration Health Surcharge (IHS): £1,560
  • Biometrics Enrolment Fee: £19.20
  • Super Priority Service for decision within 24 hours (Optional): £800

In addition to the Home Office UKVI fees for spouse visa under 5 years route, you will also have to pay the solicitors legal costs if you are getting legal help and assistance of a solicitor for switcing into spouse visa under 5 years route. Click here to check our fixed fee for switching into spouse visa 5 years route.

Can I switch from student visa to spouse visa (5 years route) from inside the UK?

Yes, you can apply for switching from Tier 4 General Student visa to spouse visa (5 years route) from inside the UK after you are married to a British Citizen or settled person. UK immigration Rules require that you must not be in breach of immigration laws to be able to switch from Tier 4 General student visa to spouse visa (5 years route).

Can I switch from Tier 2 to spouse visa from inside the UK?

Yes, a Tier 2 Migrant who is married to a British Citizen or settled person can switch from Tier 2 visa to spouse visa (5 years route) from inside the UK.

Can I switch from Tier 5 to Spouse visa?

Yes, a Tier 5 Migrant who is married to a British Citizen or settled person can switch from Tier 5 visa to spouse visa (5 years route) from inside the UK.

What is the processing time for switching into spouse visa (5 years route)?

The processing time for switching into spouse visa (5 years route) is dependent on the type of service you use to apply for switching into spouse visa. The processing times for switching into spouse visa (5 years route) are as follows:

Standard Service

An application for switching into spouse visa under standard service is likely to be decided by the Home Office UKVI within 3 to 6 months.

Priority Service

An application for switching into spouse visa under priority service is likely to be decided within 5 working days.

Super Priority Service

An application for switching into spouse visa under the Super Priority Service is likely to be decided within 24 hours.