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FREQUENTLY ASKED IMMIGRATION QUESTIONS

 

When can I apply to extend my visa?

The general rule of thumb is for applicants to apply for an extension of their visa no earlier than 28 days before their visa is due to expire. For example, if an applicant’s visa is due to expire on 28 January 2019 an extension application can be submitted on 1 January 2019 onwards.  

What is the difference between 'Indefinite Leave to Remain' (ILR), 'settlement', 'Permanent Residence' (PR), and naturalisation?

ILR is a visa issued under UK immigration law which permits a holder to remain in the UK without any time restrictions. PR is the EU law equivalent of ILR. Settlement is a generic term used to describe any immigration status does permits an individual to remain in the UK without any time restrictions. Naturalisation is the process by which a person who has ILR or PR applied to be come a British citizen and, in turn, obtain a British passport.

I am currently in the UK on a visit visa. Can I apply to remain in the UK on another visa?

Save for exceptional circumstances, all visitors must leave the UK at the end of their visa. Any application to be in the UK on a non-visitor basis must be made from abroad.

Can I travel outside of the UK after I have submitted an application from within the UK?

All UK visa applications (i.e. applications made under UK and not EU law) will be automatically deemed by law to be withdrawn as soon as you leave the UK.

When can I apply for Indefinite Leave to Remain?

You must apply no earlier than 28 days before the date on which you become eligible for ILR. For example, if you are a Tier 1 or 2 migrant and have spent a total of 5 years in the UK on your visa by 28 January 2019, but your currently visa actually expires on 1 August 2019, you can apply for ILR no earlier than 1 January 2019.

Do I have to personally hold the funds for a Tier 1 (Investor) or Tier 1 (Entrepreneur) visa?

No. An applicant can rely on ‘third party’ funds, such as funds belonging to family members, friends, business associates etc.

Can you assist with my application for an entry visa to the UK from abroad?

Yes. We assist with both entry visas and extension visas. As you will need to submit all of your original supporting documents to the British Consulate, we can rely on scanned copies of your documents whilst advising you and preparing your application.

Can you assist individuals who do not live in London but who need to apply for a visa or who need representation in an appeal hearing?

Yes. Many of our clients live or work outside of London.

I am a Canadian citizen. Which British Consulate will deal with my application?

All applications by Canadian and US citizens are determined by the British Consulate in New York.

What supporting documents do I need to provide with my visa application?

There is no simple answer to this question. Much will depend on not only the type of visa being applied for but the specific circumstances of the applicant. We advise on the supporting evidence once we have been instructed by clients to assist with the preparation and submission of a visa application.

I am due to visit the UK later in the year for business purposes. Do I need a specific visa?

Much will depend on why and for how long you are coming to the UK. The rules relating to ‘business’ visitors are very precise and you must ensure that your proposed activities in the UK fall within the permitted activities of the business visit. Certain forms of business activities will require a work permit and a Tier 2 visa.

I am a Points-Based System migrant. How many days can I spend outside of the UK without jeopardizing my ILR?

Tier 1 and Tier 2 migrants are entitled to be outside of the UK for up to 180 days per year after the first grant of a Tier 1 or Tier 2 visa.

I am looking to apply for a visa to come to the UK with my British husband. Can I rely upon my salary to meet the financial requirements?

No. Unfortunately, if applying from outside of the UK, only the income of the British citizen can be taken into account.

I am looking to apply for a visa to come to the UK with my British husband. I have been in well paid salaried employment and earn well over the required minimum level of salaried income. Can I rely upon my salary to meet the financial requirements?

No. Unfortunately, if applying from outside of the UK, only the income of the British citizen can be taken into account.

I am currently in the UK on a Tier 5 (Youth mobility Scheme) visa, have been working in the UK for just over 4 months and have already received more than £18600 in salary in that period. Can I apply for a spouse visa based on my salaried income?

No. You must be in salaried employed for at least 6 months prior to the date of any visa application. You may however be able to rely on your British citizen partner’s income or your savings.

My brother wishes to come to the UK on a Tier 1 (Entrepreneur) visa. Does he need to be fluent in English to obtain such a visa?

All visas, apart from Tier 1 (Investor) visas and Tier 2 (Intra-Company Transfer) visas, require applicants to have some form of English language skills. Tier 1 (Entrepreneur) visa applicants must have English language skills in order to be granted a visa.

We are an established business outside of the UK. We wish to set up a UK branch of our business. Can you assist?

Yes. We routinely assist non-UK companies in obtaining visas for an employee (or employees) to set up a branch or subsidiary in the UK.