Immigration Rules Overview HC 395

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Questions and Answers

What is another way to refer to the Immigration Rules?

  • Paragraph 276A
  • HC 395 (correct)
  • Part 9 of the Rules
  • Appendix FM

Where would you look to find the requirements for a German national who wants to work in the UK as a PR assistant?

  • Appendix FM
  • Part 9 of the Rules
  • Appendix Skilled Worker (correct)
  • Paragraph 276A

What level of English language is required for the Start-Up route?

  • C1
  • B2 (correct)
  • No English language requirement
  • A1

Which requirement is NOT necessary for a non-EEA national applying for entry clearance to study a degree in the UK?

<p>Valid Certificate of Sponsorship (A)</p> Signup and view all the answers

What financial requirement must a non-EEA national meet if they are switching from a Tier 4 Student to a Skilled Worker?

<p>No financial requirement (B)</p> Signup and view all the answers

Which of the following routes can you switch into the Temporary Worker (Religious Worker) route from?

<p>None of the above (D)</p> Signup and view all the answers

What financial requirement must a Nigerian national aged 30 meet to come to the UK under the Ancestry rules because his grandmother was born in the UK?

<p>Ability to maintain oneself adequately without recourse to public funds (A)</p> Signup and view all the answers

Where can you find the continuity of residence requirements for a non-EEA national who wants to demonstrate 10 years of lawful residency in the UK?

<p>Paragraph 276A, Immigration Rules (D)</p> Signup and view all the answers

A Jamaican national, aged 29, wants to apply to extend her leave under the partner rules. She does not have a degree and has not sat a language test. What English language requirements must she meet?

<p>She will be required to take and pass an English language test in speaking and listening at a minimum of level A2 of the CEFR. (D)</p> Signup and view all the answers

An EEA national who has been continuously residing and working in the U.K. for 5 years will be able to continue their residence in the U.K. after 31 December 2020 if they applied for and were granted:

<p>Settled status. (A)</p> Signup and view all the answers

A client's application for pre-settled status under Appendix EU has been refused because the Home Office considers they do not meet the eligibility requirements. What advice should you give them?

<p>They cannot appeal or seek Administrative Review of the decision, so they should apply again, addressing in detail the reasons for the refusal and providing further and better evidence that they meet the rules. (C)</p> Signup and view all the answers

A non-EEA national has recently been granted indefinite leave to enter as a parent of a child in the U.K. How long must they wait before they can apply for naturalisation?

<p>Three years. (D)</p> Signup and view all the answers

Which of the following children (born in 2018) will not be able to register as a British citizen under the British Nationality Act 1981 in any circumstances?

<p>A child born outside the UK to a parent who is a British citizen by descent. (C)</p> Signup and view all the answers

A non-EEA national left the U.K. one year ago after they were granted Indefinite Leave to Remain (ILR) to look after their father's business. They now want to return to live in the U.K. permanently. What advice should you give them?

<p>They will be unlikely to gain entry to the U.K. because their ILR lapsed on their departure. (C)</p> Signup and view all the answers

Who of the following will need a TB test certificate in order to apply for entry clearance?

<p>A visitor from Kenya. (D)</p> Signup and view all the answers

A client who has indefinite leave to remain wants to sponsor his son (a Pakistani national, aged 15) to join him in the U.K. His son has been living with his aunt and uncle in Karachi since his mother passed away. What is the best answer?

<p>His son may qualify under the rules if the client can show he has sole responsibility for him. (A)</p> Signup and view all the answers

Flashcards

Immigration Rules

The framework governing entry and stay in the UK.

Entry Clearance Appendix

Refers to the specific section for Skilled Worker visa requirements.

B2 English Requirement

The level of English needed for the Start-Up route in the UK.

Study Requirement Exception

Non-EEA students don’t need a Certificate of Sponsorship for studying.

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Skilled Worker Financial Requirement

No financial requirement when switching from Tier 4 Student to Skilled Worker.

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Ancestry Visa Financial Requirement

Applicants must maintain themselves without public funds under Ancestry rules.

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Continuous Residence Requirements

Criteria found in Paragraph 276A that demonstrate lawful UK residency for 10 years.

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Good Reason for Late Application

If a partner’s leave has expired, they can apply within 14 days with valid reasons.

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Financial requirement for visa

Your client needs £20,250 in cash savings to meet financial requirements.

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English language requirement

Your client must pass an A2 level English test in speaking and listening.

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Settled status application

An EEA national can apply for settled status if residing in the UK for 5 years.

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Pre-settled status refusal advice

Advise clients to reapply with better evidence after refusal.

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Naturalization eligibility

A non-EEA national can apply for naturalization in three years after indefinite leave.

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British citizenship registration

Children born to British citizens by descent cannot register as British citizens.

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Indefinite Leave to Remain (ILR) lapse

ILR lapses if a non-EEA national leaves the UK for a year or more.

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Tuberculosis test requirement

Certain nationals, like visitors from Kenya, need a TB test certificate for entry clearance.

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Study Notes

Immigration Rules

  • Immigration Rules are also known as HC 395.
  • Skill-based route: German national working as a PR assistant needs to check Appendix Skilled Worker for entry clearance eligibility.
  • Start-Up route: English language level of B2 is required for applicants.
  • Study route: Non-EEA nationals seeking a degree need to meet points requirements for Study, excluding a valid Certificate of Sponsorship.
  • Skilled Worker route: No financial requirements if a Tier 4 student applies then switches routes.
  • Temporary Worker/Religious Worker: Switching to (Temporary Worker) Religious Worker possible from a given list, currently none.
  • Ancestry route: Nigerian national with UK-born grandmother must be able to financially maintain themselves without public funds.
  • Continuous Lawful Residence: Non-EEA nationals with 10 years continuous lawful residence in the UK need to meet the continuity requirements specified in Paragraph 276A.

Entry Clearance Extensions

  • Partner leave extension: Applicant must submit application within 14 days with valid reason of delay if current leave expired on the same day as meeting.
  • Financial requirements: Non-EEA UK partner requires £20,250 in cash savings for financial requirements.
  • English language proficiency: A Jamaican national must pass an English language test at minimum level A2 of the CEFR (Common European Framework of Reference for Languages) if seeking a partner visa extension without a degree.
  • Settled Status: EEA national continuously residing and working in the UK for 5 years can continue residence after 31 December 2020 if they applied and were granted settled status.
  • Pre-settled status refusal: Home Office refuses pre-settled status applications if applicants don't meet eligibility requirements. Appeal or administrative review are not options; they must reapply with sufficient evidence to meet the rules.

Indefinite Leave to Enter/Remain

  • Indefinite Leave for Parents: Non-EEA national who receives indefinite leave to enter as a parent of a child in the UK can apply for naturalization in three years.
  • Nationality Act 1981: Children born outside UK to British citizen parents are eligible for British citizenship.
  • Leave to Remain lapse: Non-EEA national who left the UK one year ago after being granted indefinite leave to remain (ILR) may face difficulties returning, as their ILR may have expired, depending on their departure.
  • Child sponsorship eligibility: Pakistani national son living with his aunt and uncle is eligible for sponsorship under the conditions of sole responsibility.
  • Language and life requirements: Appendix FM-SE details language and life requirements for applicants seeking indefinite leave to remain. This is for the parent applying to stay indefinitely.

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