Podcast
Questions and Answers
What should she do regarding her application in relation to her passport?
What should she do regarding her application in relation to her passport?
- Apply as an overstayer without the passport.
- Wait for the passport and then apply for entry clearance.
- Apply before her leave runs out and send the passport later. (correct)
- Not submit a passport since the Home Office already has it.
Which guidance documents are included in the Operational Guidance section?
Which guidance documents are included in the Operational Guidance section?
- Modernised Guidance, Immigration Directorate Instructions, and Guidance to Applicants only.
- Modernised Guidance, Immigration Directorate Instructions, and Entry Clearance Guidance only. (correct)
- Guidance to Applicants only.
- Modernised Guidance and Immigration Directorate Instructions only.
What is the deadline for lodging an appeal with the First-tier Tribunal from within the UK?
What is the deadline for lodging an appeal with the First-tier Tribunal from within the UK?
- 10 working days after the refusal decision is received.
- 10 working days after the refusal decision is sent.
- 14 calendar days after the refusal decision is received. (correct)
- 14 calendar days after the refusal decision is sent.
What is the financial requirement for sponsoring her husband as a British citizen?
What is the financial requirement for sponsoring her husband as a British citizen?
If the client receives disability living allowance, what is her financial requirement?
If the client receives disability living allowance, what is her financial requirement?
How long ago was the husband fined for a minor criminal conviction?
How long ago was the husband fined for a minor criminal conviction?
What factor will likely influence the financial requirement for her husband's sponsorship?
What factor will likely influence the financial requirement for her husband's sponsorship?
Which of the following is true about the application if she applies as an overstayer?
Which of the following is true about the application if she applies as an overstayer?
What is the main distinction between removal and deportation?
What is the main distinction between removal and deportation?
Where can the procedure for applying for an Administrative Review be found?
Where can the procedure for applying for an Administrative Review be found?
At what age is it commonly recognized that a child can be considered for registering citizenship based on grandparent lineage?
At what age is it commonly recognized that a child can be considered for registering citizenship based on grandparent lineage?
What situation may affect Susan's eligibility to remain in the UK?
What situation may affect Susan's eligibility to remain in the UK?
What are Susan's options regarding her status after her leave expires?
What are Susan's options regarding her status after her leave expires?
What is the primary reason Susan was advised against registering as a British citizen?
What is the primary reason Susan was advised against registering as a British citizen?
What level of English language is required for an applicant under the Tier 5 (Temporary worker) category?
What level of English language is required for an applicant under the Tier 5 (Temporary worker) category?
What is a possible timeline for Susan in relation to her expiring leave?
What is a possible timeline for Susan in relation to her expiring leave?
What potential benefit could Susan's grandfather's birthplace offer her?
What potential benefit could Susan's grandfather's birthplace offer her?
How should an EEA national client consider naturalisation in light of potential changes after the UK's exit from the EU?
How should an EEA national client consider naturalisation in light of potential changes after the UK's exit from the EU?
Which individual is not considered an ordinary family member of an EEA national under EU law?
Which individual is not considered an ordinary family member of an EEA national under EU law?
Upon the end of their temporary contract, how long does an EEA national have to find a new job before losing their right to reside as a worker?
Upon the end of their temporary contract, how long does an EEA national have to find a new job before losing their right to reside as a worker?
What type of document can an EEA national qualified person apply for to evidence their status?
What type of document can an EEA national qualified person apply for to evidence their status?
What is a requirement for a child born in the UK to apply for registration as a British citizen?
What is a requirement for a child born in the UK to apply for registration as a British citizen?
How does the Secretary of State officially amend the Immigration Rules?
How does the Secretary of State officially amend the Immigration Rules?
What is indicated to be a consequence of the UK's plan to leave the EU for EEA national clients?
What is indicated to be a consequence of the UK's plan to leave the EU for EEA national clients?
Which of the following statements is false regarding an EEA national's family members?
Which of the following statements is false regarding an EEA national's family members?
What scenario would lead to a client becoming an overstayer?
What scenario would lead to a client becoming an overstayer?
If a client does not have her passport and her leave is about to expire, what is a recommended course of action?
If a client does not have her passport and her leave is about to expire, what is a recommended course of action?
What is not a valid way for the Secretary of State to change the Immigration Rules?
What is not a valid way for the Secretary of State to change the Immigration Rules?
When does a client officially become an overstayer?
When does a client officially become an overstayer?
In which circumstance is it necessary for a client to file a new application after their leave has expired?
In which circumstance is it necessary for a client to file a new application after their leave has expired?
What action should a client take if their passport is with the embassy and their leave is about to expire?
What action should a client take if their passport is with the embassy and their leave is about to expire?
What might happen if a client continues to stay after their leave has expired?
What might happen if a client continues to stay after their leave has expired?
What happens if a client applies for an extension of stay after her leave has expired and the Home Office returns her application with a notice of invalidity?
What happens if a client applies for an extension of stay after her leave has expired and the Home Office returns her application with a notice of invalidity?
If a client has applied for an extension of stay before her leave expires but receives a refusal after her leave has run out, what options are available for administrative review?
If a client has applied for an extension of stay before her leave expires but receives a refusal after her leave has run out, what options are available for administrative review?
What should a client do if her current leave is about to run out and she still has not received her new passport?
What should a client do if her current leave is about to run out and she still has not received her new passport?
Which documents are typically found in the Operational Guidance section of the UK government website?
Which documents are typically found in the Operational Guidance section of the UK government website?
What is the significance of making an application for an extension of stay before the current leave runs out?
What is the significance of making an application for an extension of stay before the current leave runs out?
What consequence arises if a client does not submit her application for an extension of stay before her leave expires?
What consequence arises if a client does not submit her application for an extension of stay before her leave expires?
What is the limitation placed on her client's application if the Home Office decision occurs after her leave has run out?
What is the limitation placed on her client's application if the Home Office decision occurs after her leave has run out?
If a client makes an application for an extension of stay and her passport is unavailable, what is the most appropriate next step?
If a client makes an application for an extension of stay and her passport is unavailable, what is the most appropriate next step?
Which of the following individuals qualifies as a long-term cohabiting partner of an EEA national?
Which of the following individuals qualifies as a long-term cohabiting partner of an EEA national?
How long can an EEA national who has completed a six-month contract stay in the UK to find a new job before losing their worker rights?
How long can an EEA national who has completed a six-month contract stay in the UK to find a new job before losing their worker rights?
What document can an EEA national qualified person apply for to prove their residency status?
What document can an EEA national qualified person apply for to prove their residency status?
At what age can a child born in the UK apply for registration as a British citizen based on their residence?
At what age can a child born in the UK apply for registration as a British citizen based on their residence?
What distinguishes 'removal' from 'deportation' in immigration terms?
What distinguishes 'removal' from 'deportation' in immigration terms?
Where can one locate the application procedure for an Administrative Review?
Where can one locate the application procedure for an Administrative Review?
What is the outcome if a temporary EEA national’s work contract ends?
What is the outcome if a temporary EEA national’s work contract ends?
Which of the following statements about financial dependence is accurate regarding EEA nationals?
Which of the following statements about financial dependence is accurate regarding EEA nationals?
Flashcards
How are the Immigration Rules amended?
How are the Immigration Rules amended?
The Secretary of State amends the Immigration Rules by publishing new Immigration Regulations.
What is an overstayer?
What is an overstayer?
An overstayer is a person who remains in the UK after their leave to remain has expired.
When does a person become an overstayer?
When does a person become an overstayer?
A person becomes an overstayer if their leave runs out before a decision is made on an application for an extension of stay.
If a person applies for an extension before their old leave expires, does that prevent them from becoming an overstayer?
If a person applies for an extension before their old leave expires, does that prevent them from becoming an overstayer?
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Client's leave is expiring and they don't have a passport. What should they do?
Client's leave is expiring and they don't have a passport. What should they do?
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Can the client get an extension even without a passport?
Can the client get an extension even without a passport?
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What happens to a leave extension application if the client does not have a passport?
What happens to a leave extension application if the client does not have a passport?
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Can a person become an overstayer if their leave runs out before a decision is made on an extension application and the application is returned as invalid?
Can a person become an overstayer if their leave runs out before a decision is made on an extension application and the application is returned as invalid?
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Applying for leave to remain with a missing passport
Applying for leave to remain with a missing passport
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Appeal deadline within the UK (IAC)
Appeal deadline within the UK (IAC)
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Financial requirement for sponsoring a partner (British citizen sponsor)
Financial requirement for sponsoring a partner (British citizen sponsor)
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Financial requirement for sponsoring a partner (British citizen sponsor with disability living allowance)
Financial requirement for sponsoring a partner (British citizen sponsor with disability living allowance)
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Impact of a minor criminal conviction on spousal visa application
Impact of a minor criminal conviction on spousal visa application
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Naturalisation for EEA nationals
Naturalisation for EEA nationals
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How long can a worker EEA national stay in the UK after a contract ends?
How long can a worker EEA national stay in the UK after a contract ends?
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Who qualifies as a family member of an EEA national?
Who qualifies as a family member of an EEA national?
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What document is needed to prove an EEA national's professional qualifications?
What document is needed to prove an EEA national's professional qualifications?
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What document is required to prove an EEA national's status to work in the UK?
What document is required to prove an EEA national's status to work in the UK?
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When can a child born in the UK apply for British citizenship?
When can a child born in the UK apply for British citizenship?
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Difference between Removal and Deportation
Difference between Removal and Deportation
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Overstayer
Overstayer
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Overstaying and Extension Applications
Overstaying and Extension Applications
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Leave Extension Application Without Passport
Leave Extension Application Without Passport
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Appeal Deadline (IAC)
Appeal Deadline (IAC)
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Financial Requirement for Sponsoring a Partner
Financial Requirement for Sponsoring a Partner
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Impact of Minor Criminal Conviction on Spousal Visa
Impact of Minor Criminal Conviction on Spousal Visa
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Job Loss for EEA National
Job Loss for EEA National
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Qualified Person (QP)
Qualified Person (QP)
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British Citizenship for UK-Born Child
British Citizenship for UK-Born Child
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Removal
Removal
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Deportation
Deportation
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Administrative Review
Administrative Review
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First-tier Tribunal (IAC)
First-tier Tribunal (IAC)
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Overstaying: Application Before Expiration
Overstaying: Application Before Expiration
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What Happens if Passport is Missing?
What Happens if Passport is Missing?
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Invalid Application for Extension
Invalid Application for Extension
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Overstaying: Invalid Application
Overstaying: Invalid Application
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Where is Operational Guidance Found?
Where is Operational Guidance Found?
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Examples of Operational Guidance
Examples of Operational Guidance
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Applying for Extension Without Passport
Applying for Extension Without Passport
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Study Notes
OISC Level 1 Assessment - 24 November 2016
- Section 1: Multiple Choice Questions
- Exam duration: 1 hour and 15 minutes
- Open book exam: Candidates can refer to the OISC exam resource book, published texts, and personal notes.
- Only one correct answer per question.
- Maximum of one mark per question.
- Answers must be recorded on the answer sheet, not on the question paper.
Immigration Rules Amendments
- Method: The Secretary of State amends the Immigration Rules by publishing new Immigration Regulations or a Statement of Changes.
- Procedure: Simply updating the rules on the gov.uk website without prior notice is not an acceptable amendment process.
Overstayer Circumstances
- Circumstances: A client becomes an overstayer if their leave to remain in the UK expires before they receive a decision on their application for an extension of that leave. If the Home Office returns the application because it's invalid after the leave has expired, the client is also an overstayer. The application may also be rejected with an administrative review.
- Important Consideration: If leave to remain expires, but the Home Office decides to refuse an application for an extension of stay after the leave to remain has expired, the client becomes an overstayer. A right of appeal does not change the overstayer status.
Client's Leave Expiring
- Passport Issue: If a client's leave expires and their passport is delayed by embassy processing, they should still apply for an extension of stay, providing a timely explanation to the Home Office for the missing passport. Submitting the passport as soon as it's available to the Home Office is recommended.
Operational Guidance Documents
- Location: The documents are found in the Operational Guidance section of the gov.uk website.
- Included Documents: Modernised Guidance, Immigration Directorate Instructions, Guidance to Applicants, and Entry Clearance Guidance.
Appeal Deadlines (First-Tier Tribunal)
- UK Right of Appeal: The deadline for lodging an appeal from within the UK is 14 calendar days after the Home Office refusal decision is received.
Financial Requirements (Sponsor)
- Requirements: A British citizen wanting to sponsor her husband to come to the UK (as a partner) must meet a requirement of £18,600.
Disability Allowance
- Financial Requirements: If a client receives Disability Living Allowance, the financial requirement remains "adequate maintenance without recourse to public funds".
Criminal Convictions
- Visa Implications: A minor criminal conviction six months prior to visa application may result in a visa application refusal unless the applicant waits 5 years from the date of conviction.
NHS Debt and Entry Clearance
- Impact: A specific level of NHS debt could lead to a refusal of entry clearance as a visitor. The debt cut-off for visitor entry clearance refusal is set at £500.
Visitor Activities
- Permitted Activities: Visitors can undertake activities such as volunteering (for the duration of the visit), studying English language with a private tutor, or private medical treatment (arranged after arriving in the UK).
- Prohibited Activities: Visitors cannot engage in activities like negotiating and signing contracts or deals.
Tier 1 (Entrepreneur) Extension of Stay
- Electronic Bank Statements: If electronic bank statements stamped by the bank are not submitted with the application, the client should make a fresh application in order to submit bank statements with proper stamping.
Tier 2 Extension Salary
- Source: Appendix J of the Immigration Rules
Tier 5 Salary
- Source: Appendix A to the Immigration Rules
EEA National Naturalization
- UK's Plan to Leave EU: Applying for naturalization as soon as possible may be beneficial in light of the UK's withdrawal from the EU.
- Family Implications: Applicants should consider the implications for family members residing or planning to join them in the UK prior to naturalization, as this can impact their right to reside here.
EEA National Family Member
- Financial Dependence: A 19-year-old child in full-time employment who lives independently from their parents is not considered a financial dependent under EEA law for the purpose of determining whether they're an "ordinary family member".
Temporary Work Contract Completion
- Residency Rights: Once a worker's temporary contract ends, they have six months to find another job before losing their right to reside in the UK as a worker. Further compelling evidence of searching for employment can extend this period.
British Citizen Registration
- Eligibility: A child born in the UK can apply for British citizenship at the age of 10.
Removal vs Deportation
- Key Difference: Removal is for individuals without legal leave to remain, while deportation is for those whose presence in the UK is not conducive to the public good. Removal is not a voluntary process, while other options exist for individuals whose presence in the UK is not conducive to the public good. EEA nationals are removed, while non-EEA nationals are deported.
Administrative Review
- Procedure: The procedure for applying for an Administrative Review is found in Part 1 of the Immigration Rules or the Tribunal Procedure (First-tier Tribunal) (IAC) Rules 2014.
Section 2: Scenario-Based Questions
- Exam Duration: 1 hour and 15 minutes.
- Total Marks: 30 marks.
- Instructions: Answers should be legible and communicated clearly in plain English.
- Additional Marks: Up to two additional marks can be awarded for the structure and readability of the letter.
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