Podcast
Questions and Answers
How long can a general visitor remain in the UK?
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?
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?
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?
What is NOT considered a relevant factor when assessing a Tier 4 visa application?
What is NOT a relevant factor when assessing a Tier 5 (Temporary worker) visa application?
What is NOT a relevant factor when assessing a Tier 5 (Temporary worker) visa application?
What action is recommended for a child born in the UK who has lived there for their first 10 years to regularize their stay?
What action is recommended for a child born in the UK who has lived there for their first 10 years to regularize their stay?
What document defines the criteria for being a 'qualified person' for an EEA national?
What document defines the criteria for being a 'qualified person' for an EEA national?
Under what circumstances can a 42-year-old non-EEA son join their EEA national parent in the UK?
Under what circumstances can a 42-year-old non-EEA son join their EEA national parent in the UK?
What financial requirement must a British citizen meet to sponsor their husband as a partner?
What financial requirement must a British citizen meet to sponsor their husband as a partner?
If a client receiving disability living allowance is sponsoring a partner, what is the financial requirement they need to meet?
If a client receiving disability living allowance is sponsoring a partner, what is the financial requirement they need to meet?
How should a client with a minor criminal conviction proceed with a visa application?
How should a client with a minor criminal conviction proceed with a visa application?
What is the typical NHS debt amount that can lead to refusal of entry as a visitor?
What is the typical NHS debt amount that can lead to refusal of entry as a visitor?
What action should a client do regarding electronic bank statements likely to be rejected by the Home Office?
What action should a client do regarding electronic bank statements likely to be rejected by the Home Office?
Where can an applicant under Tier 2 (General) find the appropriate salary for their job offer?
Where can an applicant under Tier 2 (General) find the appropriate salary for their job offer?
What is the required level of English for Tier 5 (Temporary worker) category applicants?
What is the required level of English for Tier 5 (Temporary worker) category applicants?
What should an EEA national consider when applying for naturalisation?
What should an EEA national consider when applying for naturalisation?
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?
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?
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?
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?
Where are the legal requirements for a valid application for leave to remain outlined?
Where are the legal requirements for a valid application for leave to remain outlined?
When Appendix FM of the Immigration Rules refers to 'specified evidence', what document does it refer to?
When Appendix FM of the Immigration Rules refers to 'specified evidence', what document does it refer to?
If a client, working long hours, cannot meet the financial requirements for a partner application, what should a lawyer do?
If a client, working long hours, cannot meet the financial requirements for a partner application, what should a lawyer do?
When a client's previous leave expires while they are waiting for a decision on an extension application, what advice should a lawyer provide?
When a client's previous leave expires while they are waiting for a decision on an extension application, what advice should a lawyer provide?
How does the Secretary of State amend the Immigration Rules?
How does the Secretary of State amend the Immigration Rules?
In what circumstance does a client become an overstayer?
In what circumstance does a client become an overstayer?
Flashcards
Extension Application after Marriage
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 Introduction Date
Appendix FM was introduced on 9 July 2012 to regulate family immigration.
Knowledge of Life & Language Requirement
Knowledge of Life & Language Requirement
Requirements for ILR applications can be found in Appendix KOLL.
General Visitor Stay Duration
General Visitor Stay Duration
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General Visitor English Study Limit
General Visitor English Study Limit
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Tier 4 Visa Funds Requirement
Tier 4 Visa Funds Requirement
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Secretary of State Rules Amendment
Secretary of State Rules Amendment
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Dependency for Non-EEA Family Member
Dependency for Non-EEA Family Member
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Non-EEA National Marriage Rights
Non-EEA National Marriage Rights
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ILR by Deception
ILR by Deception
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Application for Leave to Remain
Application for Leave to Remain
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Specified Evidence in Appendix FM
Specified Evidence in Appendix FM
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Advising on Financial Requirements
Advising on Financial Requirements
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Continuing Leave During Decision Wait
Continuing Leave During Decision Wait
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Amending Immigration Rules
Amending Immigration Rules
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Overstayer Definition
Overstayer Definition
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Financial Requirement for Partner Visa
Financial Requirement for Partner Visa
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Disability Living Allowance Impact
Disability Living Allowance Impact
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Criminal Conviction Visa Advice
Criminal Conviction Visa Advice
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NHS Debt for Visitor Entry
NHS Debt for Visitor Entry
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Visitor Activities in the UK
Visitor Activities in the UK
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Tier 1 (Entrepreneur) Application Advice
Tier 1 (Entrepreneur) Application Advice
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Tier 2 (General) Salary Requirement
Tier 2 (General) Salary Requirement
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Tier 5 (Temporary Worker) English Requirement
Tier 5 (Temporary Worker) English Requirement
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Study Notes
Immigration Rules and Procedures
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Partner Visa Extension: If a person marries after obtaining a fiancé visa, they use form FLR(M) to extend their stay.
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Appendix FM Introduction Date: The provisions in Appendix FM were introduced on July 9, 2012.
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ILR Application Requirements: Knowledge of Life and Language in the UK requirements are found in Appendix KOLL.
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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.
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English Language Study for Visitors: General visitors can study English for up to 30 days in accredited institutions.
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Tier 4 Visa Funds Consideration: Relevant considerations for a Tier 4 (student) visa include accommodation, but relatives providing free accommodation is not a consideration.
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Tier 5 Visa Relevant Consideration: English Language proficiency is not a relevant consideration for a Tier 5 (Temporary Worker) visa application.
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Immigration Rules Amendments: The Secretary of State amends the Immigration Rules by publishing a Statement of Changes.
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Independent Life Definition: The phrase "must not be leading an independent life," in relation to children, is defined in the Immigration Rules, paragraph 6.
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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.
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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.
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EEA National Qualification: EEA nationals must meet specific requirements to be considered "qualified applicants," defined in Regulations 6.
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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.
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Non-EEA National Marriage: A non-EEA national marrying an EEA national may gain residency rights, provided the marriage is not a sham marriage.
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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.
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Leave to Remain Application Validity Requirements: The requirements for a valid leave to remain application are detailed in Part 1 of the Immigration Rules.
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Specified Evidence in Appendix FM: The specified evidence referenced in Appendix FM of the Immigration Rules refers to provisions in Appendix FM-SE.
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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.
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Overstaying Consequences: Overstaying leave due to an invalidity notice, submitted extension application or issues with passport can lead to an overstayer status.
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Appeal Deadlines: Appeals to the First-tier Tribunal (IAC) have a 14-day deadline from the date of the Home Office refusal decision.
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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.
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Criminal Conviction Implications: A criminal conviction six months prior to applying for a visa may cause refusal unless the applicant waits another six months.
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NHS Debt Impact: NHS debts over £500 may lead to a refusal of entry clearance for visitors.
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Visitor Activities: Visitors can negotiate and sign deals, contracts; however, they may not be able to undertake all actions.
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Tier 1 Entrepreneur Application Verification: Electronic bank statements need to be stamped by the bank for Tier 1 (Entrepreneur) category extension applications.
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Tier 2 Applicant Salary Requirements: Applicants under Tier 2 (General) require specific salaries based on attributes, and details can be found in Appendix J.
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Tier 5 English Language Requirements: There are no English language requirements for Tier 5 (Temporary Worker) applicants.
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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.
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EU Law and Family Members: Long-term cohabiting partners of EEA nationals are not considered standard family members under EU law.
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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.
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British Citizen Registration: Children born in the UK can apply for British citizenship based on residency by the age of 10.
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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.
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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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