Immigration Rules and Procedures Quiz

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Questions and Answers

How long can a general visitor remain in the UK?

  • Up to 12 months
  • For the period stated in their visa application form or entry interview, not exceeding 6 months (correct)
  • For the duration of their visa, which is typically 6 months
  • For as long as they have enough money to support themselves

What is the purpose of the Appendix KOLL?

  • To detail the process for applying for an extension of stay as a partner
  • To provide guidance on the English language requirements for Tier 4 visas
  • To outline the Knowledge of Life and language in the UK requirements for ILR applications (correct)
  • To explain the requirements for obtaining a fiancé visa

What is the key document used by the Secretary of State to amend the Immigration Rules?

  • Immigration Act
  • Statement of Principles
  • Statement of Changes (correct)
  • Immigration Rules

What is NOT considered a relevant factor when assessing a Tier 4 visa application?

<p>The fact that the student has free accommodation in the UK provided to them by a relative (A)</p> Signup and view all the answers

What is NOT a relevant factor when assessing a Tier 5 (Temporary worker) visa application?

<p>English language (A)</p> Signup and view all the answers

What action is recommended for a child born in the UK who has lived there for their first 10 years to regularize their stay?

<p>Register as a British citizen (D)</p> Signup and view all the answers

What document defines the criteria for being a 'qualified person' for an EEA national?

<p>Regulation 6 of the EEA(Immigration)Regulations 2006 (B)</p> Signup and view all the answers

Under what circumstances can a 42-year-old non-EEA son join their EEA national parent in the UK?

<p>They are financially dependent on their EEA national parent (C)</p> Signup and view all the answers

What financial requirement must a British citizen meet to sponsor their husband as a partner?

<p>£18,600 (B)</p> Signup and view all the answers

If a client receiving disability living allowance is sponsoring a partner, what is the financial requirement they need to meet?

<p>Adequate maintenance without recourse to public funds (D)</p> Signup and view all the answers

How should a client with a minor criminal conviction proceed with a visa application?

<p>Wait six months before applying (B)</p> Signup and view all the answers

What is the typical NHS debt amount that can lead to refusal of entry as a visitor?

<p>£500 (B)</p> Signup and view all the answers

What action should a client do regarding electronic bank statements likely to be rejected by the Home Office?

<p>Submit them without any further action (D)</p> Signup and view all the answers

Where can an applicant under Tier 2 (General) find the appropriate salary for their job offer?

<p>Appendix J to the Immigration Rules (A)</p> Signup and view all the answers

What is the required level of English for Tier 5 (Temporary worker) category applicants?

<p>There is no requirement (C)</p> Signup and view all the answers

What should an EEA national consider when applying for naturalisation?

<p>The implications for family members' right to reside (D)</p> Signup and view all the answers

A non-EEA national in the UK, in breach of immigration laws, marries an EEA national with the right to reside in the UK. Under what circumstances will the non-EEA national gain the right to reside?

<p>The marriage must be legitimate and not a sham marriage. (C)</p> Signup and view all the answers

If a client has been granted Indefinite Leave to Remain (ILR) through deception, what should a lawyer do if the client requests help with a naturalisation application?

<p>Refuse to assist them and report their previous deception to the UKVI. (D)</p> Signup and view all the answers

Where are the legal requirements for a valid application for leave to remain outlined?

<p>Part 1 of the Immigration Rules (B)</p> Signup and view all the answers

When Appendix FM of the Immigration Rules refers to 'specified evidence', what document does it refer to?

<p>Appendix FM-SE (D)</p> Signup and view all the answers

If a client, working long hours, cannot meet the financial requirements for a partner application, what should a lawyer do?

<p>Refer them to an OISC Level 2 adviser for further assistance. (C)</p> Signup and view all the answers

When a client's previous leave expires while they are waiting for a decision on an extension application, what advice should a lawyer provide?

<p>They will continue to have leave under provisions in the Immigration Act 1971. (C)</p> Signup and view all the answers

How does the Secretary of State amend the Immigration Rules?

<p>By publishing a Statement of Changes. (B)</p> Signup and view all the answers

In what circumstance does a client become an overstayer?

<p>They make an application for an extension before their leave expires, but after their leave expires the Home Office returns the application as invalid. (C)</p> Signup and view all the answers

Flashcards

Extension Application after Marriage

Form FLR(M) is used for extending stay as a partner after marriage on a fiancé visa.

Appendix FM Introduction Date

Appendix FM was introduced on 9 July 2012 to regulate family immigration.

Knowledge of Life & Language Requirement

Requirements for ILR applications can be found in Appendix KOLL.

General Visitor Stay Duration

A general visitor can stay in the UK for up to 6 months as stated in their visa application.

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General Visitor English Study Limit

A general visitor may study English for up to 30 days in accredited institutions.

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Tier 4 Visa Funds Requirement

The free accommodation by a relative is not relevant for Tier 4 funds requirement.

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Secretary of State Rules Amendment

Amendments to Immigration Rules are published as a Statement of Changes.

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Dependency for Non-EEA Family Member

A non-EEA family member can join an EEA national if they are financially dependent.

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Non-EEA National Marriage Rights

A non-EEA national can reside in the UK if married to an EEA national, unless the marriage is sham.

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ILR by Deception

If a client obtained Indefinite Leave to Remain through deception, you must not assist in naturalisation nor report them.

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Application for Leave to Remain

Valid applications for leave to remain are governed under Part 1 of the Immigration Rules.

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Specified Evidence in Appendix FM

References to specified evidence in Appendix FM relate to Appendix FM-SE provisions.

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Advising on Financial Requirements

If a client cannot meet financial requirements for a partner application, refer them to an OISC Level 2 adviser.

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Continuing Leave During Decision Wait

If a client's leave expires while awaiting a decision, they will have continuing leave under the Immigration Act 1971.

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Amending Immigration Rules

The Secretary of State amends the Immigration Rules by publishing a Statement of Changes.

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Overstayer Definition

A client becomes an overstayer if they apply for an extension after their leave has expired and the Home Office returns it as invalid.

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Financial Requirement for Partner Visa

A British citizen must meet a financial requirement of £18,600 to sponsor a partner.

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Disability Living Allowance Impact

A client receiving disability allowance must show 'adequate maintenance without recourse to public funds'.

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Criminal Conviction Visa Advice

A husband with a minor conviction must wait six months before applying for a visa.

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NHS Debt for Visitor Entry

An entry clearance as a visitor can be refused if NHS debt exceeds £500.

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Visitor Activities in the UK

Visitors can negotiate and sign deals but can't work or reside.

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Tier 1 (Entrepreneur) Application Advice

Submit corrected bank statements proactively to the Home Office even if they haven't requested them.

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Tier 2 (General) Salary Requirement

To score points, the salary offered must be found in Appendix J of the Immigration Rules.

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Tier 5 (Temporary Worker) English Requirement

There is no English language requirement for Tier 5 applicants.

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Study Notes

Immigration Rules and Procedures

  • Partner Visa Extension: If a person marries after obtaining a fiancé visa, they use form FLR(M) to extend their stay.

  • Appendix FM Introduction Date: The provisions in Appendix FM were introduced on July 9, 2012.

  • ILR Application Requirements: Knowledge of Life and Language in the UK requirements are found in Appendix KOLL.

  • General Visitor Stay Limit: General visitors should stay within the time period specified on their visa application or entry interview, with a maximum of 6 months.

  • English Language Study for Visitors: General visitors can study English for up to 30 days in accredited institutions.

  • Tier 4 Visa Funds Consideration: Relevant considerations for a Tier 4 (student) visa include accommodation, but relatives providing free accommodation is not a consideration.

  • Tier 5 Visa Relevant Consideration: English Language proficiency is not a relevant consideration for a Tier 5 (Temporary Worker) visa application.

  • Immigration Rules Amendments: The Secretary of State amends the Immigration Rules by publishing a Statement of Changes.

  • Independent Life Definition: The phrase "must not be leading an independent life," in relation to children, is defined in the Immigration Rules, paragraph 6.

  • Points-Based System Application Issues: If a supporting document for a Points-Based System application is in the wrong format but the application is otherwise valid, UKVI may contact the applicant to give them a limited time to provide the correct document.

  • Child's Residency Regularisation: Children born in the UK and who have lived there for ten years may be advised to register as British citizens.

  • EEA National Qualification: EEA nationals must meet specific requirements to be considered "qualified applicants," defined in Regulations 6.

  • EEA National Family Members: Non-EEA family members joining an EEA national in the UK may have residency based on various conditions, including financial dependency.

  • Non-EEA National Marriage: A non-EEA national marrying an EEA national may gain residency rights, provided the marriage is not a sham marriage.

  • Naturalization Application after ILR Gain: If an individual received ILR through deception, they should not be assisted in applying for naturalization, nor should this be reported to UKVI.

  • Leave to Remain Application Validity Requirements: The requirements for a valid leave to remain application are detailed in Part 1 of the Immigration Rules.

  • Specified Evidence in Appendix FM: The specified evidence referenced in Appendix FM of the Immigration Rules refers to provisions in Appendix FM-SE.

  • Financial Requirements for Partner Applications: If an applicant works long hours but cannot meet financial requirements for a partner application, they should consult an OISC Level 2 advisor.

  • Overstaying Consequences: Overstaying leave due to an invalidity notice, submitted extension application or issues with passport can lead to an overstayer status.

  • Appeal Deadlines: Appeals to the First-tier Tribunal (IAC) have a 14-day deadline from the date of the Home Office refusal decision.

  • Financial Requirements for Partners: Financial requirements for sponsoring a partner to the UK as a British citizen with Indefinite Leave to Remain are £18,600. Disability living allowance beneficiaries have adequate maintenance requirements.

  • Criminal Conviction Implications: A criminal conviction six months prior to applying for a visa may cause refusal unless the applicant waits another six months.

  • NHS Debt Impact: NHS debts over £500 may lead to a refusal of entry clearance for visitors.

  • Visitor Activities: Visitors can negotiate and sign deals, contracts; however, they may not be able to undertake all actions.

  • Tier 1 Entrepreneur Application Verification: Electronic bank statements need to be stamped by the bank for Tier 1 (Entrepreneur) category extension applications.

  • Tier 2 Applicant Salary Requirements: Applicants under Tier 2 (General) require specific salaries based on attributes, and details can be found in Appendix J.

  • Tier 5 English Language Requirements: There are no English language requirements for Tier 5 (Temporary Worker) applicants.

  • EEA National Naturalization Advice: EEA nationals wishing to naturalize need to consider the implications for family members who may also reside in the UK or may be planning to join.

  • EU Law and Family Members: Long-term cohabiting partners of EEA nationals are not considered standard family members under EU law.

  • Temporary Worker Job Loss: A temporary worker with a six-month contract will have a maximum of six months to find a job before losing their right to reside.

  • British Citizen Registration: Children born in the UK can apply for British citizenship based on residency by the age of 10.

  • Removal versus Deportation: Differences between removal and deportation pertain to those without leave and include those whose presence in the UK is deemed unsuitable for public good.

  • Administrative Review Procedure: The procedure for applying for an administrative review can be found in Part 1 of the Immigration Rules.

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