Podcast
Questions and Answers
What is the initial appeal forum for a rejected application?
What is the initial appeal forum for a rejected application?
- The Upper Tribunal
- The Home Office Review Service
- The Immigration and Asylum Tribunal
- The First-tier Tribunal (Immigration and Asylum Chamber) (correct)
What is the maximum continuous period a person granted ILR can be outside the UK before their ILR lapses?
What is the maximum continuous period a person granted ILR can be outside the UK before their ILR lapses?
- One and a half years
- One year
- Two years
- More than 2 years (correct)
Which part of the immigration rules requires the Home Office to contact the applicant to give them a chance to correct omissions or errors in an invalid application?
Which part of the immigration rules requires the Home Office to contact the applicant to give them a chance to correct omissions or errors in an invalid application?
- Part 1 (correct)
- Part 4
- Part 3
- Part 2
Which of these categories can waive the minimum gross annual income requirement for a partner visa?
Which of these categories can waive the minimum gross annual income requirement for a partner visa?
What is the required closing balance date for bank statements submitted in support of financial requirements under Appendix FM?
What is the required closing balance date for bank statements submitted in support of financial requirements under Appendix FM?
Which of the following is NOT a requirement for a Tier 4 migrant to extend their stay in the UK as the fiancé of a British citizen?
Which of the following is NOT a requirement for a Tier 4 migrant to extend their stay in the UK as the fiancé of a British citizen?
What is the form used to apply for settlement under the 10-year long residence category?
What is the form used to apply for settlement under the 10-year long residence category?
What is the likely outcome if the wrong form is used for an application?
What is the likely outcome if the wrong form is used for an application?
In which of the following circumstances will an EEA national automatically break their continuity of residence after spending five years in the UK?
In which of the following circumstances will an EEA national automatically break their continuity of residence after spending five years in the UK?
Which of the following is a right granted to EEA nationals under the Free Movement regime?
Which of the following is a right granted to EEA nationals under the Free Movement regime?
In which of the following circumstances will a person have continuing leave under section 3C of the Immigration Act 1971?
In which of the following circumstances will a person have continuing leave under section 3C of the Immigration Act 1971?
A child born in the UK to parents who are neither British nor settled can apply to register as a British citizen when they have had how many years of residence in the UK?
A child born in the UK to parents who are neither British nor settled can apply to register as a British citizen when they have had how many years of residence in the UK?
What is the penalty for using deception in an application for leave to enter the UK?
What is the penalty for using deception in an application for leave to enter the UK?
What does the Resident Labour Market Test require?
What does the Resident Labour Market Test require?
How has the Home Office sought to exercise more control over decision making under the points-based system?
How has the Home Office sought to exercise more control over decision making under the points-based system?
What level of English language proficiency is required for an applicant under Tier 2 (General) to score the required points?
What level of English language proficiency is required for an applicant under Tier 2 (General) to score the required points?
Will a person applying for limited leave to remain in the UK have to pay a health surcharge?
Will a person applying for limited leave to remain in the UK have to pay a health surcharge?
If a person arrived in the UK on a fiancé visa and has since married, what form should they use to apply for an extension of stay as a partner?
If a person arrived in the UK on a fiancé visa and has since married, what form should they use to apply for an extension of stay as a partner?
On what date were the provisions in Appendix FM introduced?
On what date were the provisions in Appendix FM introduced?
Where are the Knowledge of Life and language in the UK requirements for ILR applications found?
Where are the Knowledge of Life and language in the UK requirements for ILR applications found?
For how long should a person with leave to enter as a general visitor remain in the UK?
For how long should a person with leave to enter as a general visitor remain in the UK?
To what extent can a general visitor study English in the UK?
To what extent can a general visitor study English in the UK?
When considering the funds requirement for a Tier 4 visa, which of the following is NOT a relevant consideration?
When considering the funds requirement for a Tier 4 visa, which of the following is NOT a relevant consideration?
In regard to an application for entry as a Tier 5 (Temporary worker), which of the following is NOT a relevant consideration?
In regard to an application for entry as a Tier 5 (Temporary worker), which of the following is NOT a relevant consideration?
The phrase “must not be leading an independent life” in the immigration rules relating to children is defined in which of the following?
The phrase “must not be leading an independent life” in the immigration rules relating to children is defined in which of the following?
For an application made under the Points-based System, if a specified supporting document is provided in the wrong format but the application would otherwise be allowed, what action can UKVI take?
For an application made under the Points-based System, if a specified supporting document is provided in the wrong format but the application would otherwise be allowed, what action can UKVI take?
In order to regularise their stay in the UK, what should a child who is born in the UK and who has lived here for the first ten years of their life be advised to do?
In order to regularise their stay in the UK, what should a child who is born in the UK and who has lived here for the first ten years of their life be advised to do?
To be a ‘qualified person’, what regulation must an EEA national meet the definition provided in?
To be a ‘qualified person’, what regulation must an EEA national meet the definition provided in?
Under which of the following circumstances will a non-EEA family member normally be entitled to join an EEA national who is in the UK?
Under which of the following circumstances will a non-EEA family member normally be entitled to join an EEA national who is in the UK?
In which of the following circumstances can a 42-year-old non-EEA son of an EEA national who has a right to reside in the UK join the EEA national parent in the UK under the provisions in Immigration (EEA) Regulations 2006?
In which of the following circumstances can a 42-year-old non-EEA son of an EEA national who has a right to reside in the UK join the EEA national parent in the UK under the provisions in Immigration (EEA) Regulations 2006?
A non-EEA national who is in the UK in breach of UK immigration laws marries an EEA national who has a right to reside in the UK. Will the non-EEA national have a right to reside in the UK?
A non-EEA national who is in the UK in breach of UK immigration laws marries an EEA national who has a right to reside in the UK. Will the non-EEA national have a right to reside in the UK?
Under which circumstances will a person applying for entry clearance under the partner category of Appendix FM not need to meet the minimum gross annual income requirement?
Under which circumstances will a person applying for entry clearance under the partner category of Appendix FM not need to meet the minimum gross annual income requirement?
What is the application fee for extending a stay in the UK as a fiancé(e) of a British citizen?
What is the application fee for extending a stay in the UK as a fiancé(e) of a British citizen?
What is the minimum gross annual income requirement for a fiancé(e) visa in the UK as of April 11, 2024?
What is the minimum gross annual income requirement for a fiancé(e) visa in the UK as of April 11, 2024?
Which of the following statements accurately reflects an advisor's use of the UKVI pages on GOV.UK?
Which of the following statements accurately reflects an advisor's use of the UKVI pages on GOV.UK?
What is the typical Home Office response if an applicant uses the wrong form for their application?
What is the typical Home Office response if an applicant uses the wrong form for their application?
What is the purpose of the recent amendments to paragraph 6 of the Immigration (EEA) Regulations 2006?
What is the purpose of the recent amendments to paragraph 6 of the Immigration (EEA) Regulations 2006?
What is the primary function of the First-Tier Tribunal (Immigration and Asylum Chamber)?
What is the primary function of the First-Tier Tribunal (Immigration and Asylum Chamber)?
What is the latest closing balance date for bank statements submitted in support of financial requirements under Appendix FM?
What is the latest closing balance date for bank statements submitted in support of financial requirements under Appendix FM?
A non-EEA family member will normally be entitled to join an EEA national in the UK who is: (Select all that apply)
A non-EEA family member will normally be entitled to join an EEA national in the UK who is: (Select all that apply)
In which circumstance will a non-EEA national who marries an EEA national with a right to reside in the UK have a right to reside in the UK?
In which circumstance will a non-EEA national who marries an EEA national with a right to reside in the UK have a right to reside in the UK?
What is the English language requirement needed to score the required points in a Tier 2 (General) application for limited leave to remain?
What is the English language requirement needed to score the required points in a Tier 2 (General) application for limited leave to remain?
What document will a person use to apply for an extension of stay as a partner, after initially entering the UK on a fiancé visa and having since married?
What document will a person use to apply for an extension of stay as a partner, after initially entering the UK on a fiancé visa and having since married?
If a specified supporting document is provided in the wrong format for a Points-based System application, but the application would otherwise be allowed, what can the UKVI do?
If a specified supporting document is provided in the wrong format for a Points-based System application, but the application would otherwise be allowed, what can the UKVI do?
In which of these circumstances can an EEA national who has resided in the UK for five years be said to have automatically broken their continuity of residence?
In which of these circumstances can an EEA national who has resided in the UK for five years be said to have automatically broken their continuity of residence?
What will be the consequences for a person who uses deception in an application for leave to enter the UK?
What will be the consequences for a person who uses deception in an application for leave to enter the UK?
What is the Resident Labour Market Test?
What is the Resident Labour Market Test?
Which of the following will NOT be a relevant consideration when considering the funds requirement for a Tier 4 visa?
Which of the following will NOT be a relevant consideration when considering the funds requirement for a Tier 4 visa?
How many years of continuous residence in the UK are required for a child born in the UK to parents who are neither British nor settled, to be able to apply for registration as a British citizen?
How many years of continuous residence in the UK are required for a child born in the UK to parents who are neither British nor settled, to be able to apply for registration as a British citizen?
What is the initial appeal forum for a rejected application under the Points-Based System?
What is the initial appeal forum for a rejected application under the Points-Based System?
Which of these options applies to a person who has been granted ILR and who wishes to travel outside of the UK?
Which of these options applies to a person who has been granted ILR and who wishes to travel outside of the UK?
Your client's previous grant of leave runs out whilst they are awaiting a decision on an extension application. What will you advise them?
Your client's previous grant of leave runs out whilst they are awaiting a decision on an extension application. What will you advise them?
If your client has been granted ILR by deception, and they ask for your help to apply for naturalisation, what should you do?
If your client has been granted ILR by deception, and they ask for your help to apply for naturalisation, what should you do?
Having taken instructions from your client on a partner application, it becomes apparent that, despite the fact that they work long hours, they cannot meet the financial requirements of the Immigration Rules. What should you do?
Having taken instructions from your client on a partner application, it becomes apparent that, despite the fact that they work long hours, they cannot meet the financial requirements of the Immigration Rules. What should you do?
Flashcards
Human Rights Act 1998
Human Rights Act 1998
A UK law pledged to be repealed by the new government.
First-tier Tribunal
First-tier Tribunal
The initial court for appeals against application refusals.
Immigration Rules
Immigration Rules
The regulations governing UK immigration applications.
Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain (ILR)
Status that lapses if the holder is out of the UK for over two years.
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Financial Requirement for Fiancé Visa
Financial Requirement for Fiancé Visa
Minimum gross income of £29,000 required for applications after April 11, 2024.
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SET(LR) Form
SET(LR) Form
Form used to apply for settlement under the 10-year long residence category.
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Partner Category of Appendix FM
Partner Category of Appendix FM
Allows exemption from income requirements under certain disability benefits.
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Application Remake Opportunity
Application Remake Opportunity
Home Office's process to allow applicants to correct form errors.
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Continuity of Residence
Continuity of Residence
The state of maintaining residence in the UK without breaks over a defined period.
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Right of Admission and Residence
Right of Admission and Residence
An EEA national's entitlement to enter and stay in the UK.
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Section 3C Leave
Section 3C Leave
Continuing permission to stay in the UK while a decision on an extension application is pending.
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Child Citizenship Application
Child Citizenship Application
A process by which a child born in the UK can register as a British citizen after a period of residence.
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Deception in Applications
Deception in Applications
Using false information during application that leads to a 10-year entry ban.
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Resident Labour Market Test
Resident Labour Market Test
A requirement to advertise a job in the UK before hiring a non-EEA national.
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Genuineness Criteria
Genuineness Criteria
Standards introduced to ensure legitimacy in points-based applications.
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Tier 2 English Requirement
Tier 2 English Requirement
The level of English proficiency needed for Tier 2 visa applicants to score points.
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Health Surcharge
Health Surcharge
A fee that applicants for limited leave to remain may need to pay, except for certain exemptions.
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Fiancé Visa Extension Form
Fiancé Visa Extension Form
The application form for extending stay as a partner after marriage.
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Immigration Rules Evidence
Immigration Rules Evidence
Specific documentation required for applications under Appendix FM.
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Naturalisation Assistance
Naturalisation Assistance
Guidance on applying for British citizenship after ILR granted by deception.
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Financial Dependent Rules
Financial Dependent Rules
Rules stating that certain family members may join an EEA national if financially dependent.
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Visitor Duration
Visitor Duration
The maximum time a general visitor can stay in the UK.
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First-tier Tribunal (Immigration and Asylum Chamber)
First-tier Tribunal (Immigration and Asylum Chamber)
The initial court for appeals against application refusals.
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Extended Stay Application Fee
Extended Stay Application Fee
Cost of £1,538 for extending stay in the UK.
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Immigration Health Surcharge (IHS)
Immigration Health Surcharge (IHS)
A fee of £1,560 applicable for extending stay applications.
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Minimum Income Requirement for Fiancé(e) Visa
Minimum Income Requirement for Fiancé(e) Visa
Minimum gross income of £29,000 required after April 2024.
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Application Correction Opportunity
Application Correction Opportunity
Home Office gives one chance to redo a misfiled application.
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Continuous Residence
Continuous Residence
Residence in the UK without breaks for over two years can lead to ILR lapsing.
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Partner Category Disability Exemption
Partner Category Disability Exemption
Partners receiving specific benefits may bypass income requirements.
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Continuity of Residence Breaks
Continuity of Residence Breaks
Circumstances that interrupt a person's residency in the UK.
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EEA National Rights
EEA National Rights
EEA nationals have the right of admission and residence in the UK.
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Section 3C Leave Conditions
Section 3C Leave Conditions
A person maintains leave if they apply to extend stay on the last day of leave.
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Child Citizenship Eligibility
Child Citizenship Eligibility
A child born in the UK can apply for citizenship after 10 years of residency.
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Deception Consequences
Deception Consequences
Using false information in an immigration application can lead to a 10-year entry ban.
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Resident Labour Market Test Purpose
Resident Labour Market Test Purpose
Employers must advertise a job in the UK before hiring non-EEA nationals.
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Control under Points-based System
Control under Points-based System
Home Office uses 'genuineness' criteria to ensure decision legitimacy.
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Tier 2 English Requirement Level
Tier 2 English Requirement Level
Applicants must achieve Level B1 in English to score points.
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Health Surcharge Exemptions
Health Surcharge Exemptions
Generally, applicants for limited leave must pay a health surcharge unless exempt.
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Fiancé Visa Extension Processing Form
Fiancé Visa Extension Processing Form
FLR(M) is used to apply for an extension after marriage on fiancé visa.
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Appendix FM Applications
Appendix FM Applications
Specified evidence refers to specific documents required in Appendix FM.
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Valid Leave to Remain Application Requirements
Valid Leave to Remain Application Requirements
Legal requirements for application for leave to remain are outlined in Immigration Rules Part 1.
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Right to Reside for Non-EEA Family Members
Right to Reside for Non-EEA Family Members
Non-EEA family can join EEA nationals if the latter has a right to reside.
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Child Residency Regularization
Child Residency Regularization
A UK-born child with 10 years of residency should register as a British citizen.
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Financial Dependency for EEA Family Members
Financial Dependency for EEA Family Members
An EEA national's financially dependent family can join them in the UK.
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Immigration Rules and Procedures
- Government Pledges: The new government pledged to repeal the Human Rights Act 1998.
- Appeals: Immigration appeals are initially heard by the First-tier Tribunal (Immigration and Asylum Chamber).
- UKVI Website: UKVI (UK Visas and Immigration) material on GOV.UK includes immigration rules, guidance for applicants, and separate guidance for Home Office caseworkers. Advisers should use this guidance to understand how rules apply in specific cases.
- Indefinite Leave to Remain (ILR) Lapse: ILR will lapse if someone is outside the UK for a continuous period over two years.
- Application Validity Correction: If an application is invalid, the Home Office must contact the applicant to give them a chance to correct omissions/errors. This is dictated by Part 1 of the immigration rules.
- Partner Visa Financial Requirements Exception: Applicants under the Partner (Appendix FM) category may not need to meet minimum income requirements if their partner receives disability-related benefits.
- Bank Statement Dates: Bank statements supporting financial requirements (Appendix FM) for visa applications must show balances no earlier than 28 days prior to the application date.
- Tier 4 Visa (Fiancé) Extension: Tier 4 migrants seeking extensions as a fiancé of a British citizen need to meet a minimum gross annual income of £29,000 (as of April 11, 2024); previous requirement remains at £18,600. Specific application fees and the Immigration Health Surcharge apply.
- Settlement Applications: Settlement applications under the 10-year long residence category use form SET(LR).
- Incorrect Forms: If the wrong form is submitted, the Home Office will usually give the applicant one chance to resubmit on the correct form.
- EEA Regulation Amendments: Recent amendments to paragraph 6 of the Immigration (EEA) Regulations 2006 aim to restrict access to benefits.
- Continuity of Residence (EEA): EEA nationals' continuity of residence can be broken if they are removed from the UK under the Regulations but return and immediately begin work.
- EEA Rights: EEA nationals have the right of admission and residence under the Free Movement regime.
- Continuing Leave (Immigration Act 1971): Continuing leave under section 3C of the Immigration Act 1971 applies where a person applies to extend their stay, even on the last day of their leave (via postal application).
- British Citizenship Application (Birth in UK): Children born in the UK to non-British/non-settled parents can apply to register as British citizens after 10 years of UK residence.
- Deception Penalties: Using deception in an application for leave to enter results in a 10-year entry ban (unless applying under Appendix FM).
- Resident Labour Market Test: The resident labour market test requires employers to advertise UK job vacancies before offering them to non-EEA nationals.
- Points-Based System Control: The Home Office has increased control over decision-making through "genuineness" criteria in the points-based system.
- Tier 2 English Language Requirement: Tier 2 (General) visa applicants need a B1 level of English.
- Health Surcharge: Limited leave applicants generally pay the health surcharge, unless exempt under Schedule 2 of the Immigration (Health Charge) Order 2015.
- Partner Visa Application (Married): Applicants who married after entering on a fiancé visa use form FLR(M) for a partner visa extension.
- Appendix FM Introduction Date: Appendix FM provisions were introduced on July 9, 2012.
- Knowledge of Life and Language in UK Requirements: Appendix KOLL outlines knowledge of UK life and language requirements for ILR applications.
- General Visitor Stay: General visitors’ stay length is defined by their visa application or entry interview, maximizing at 6 months.
- English Study for General Visitors: English study by general visitors is permitted for up to 30 days in accredited or regulated institutions.
- Tier 4 Visa Funding Considerations: Provided accommodation by a relative is not a relevant fund consideration for a Tier 4 visa application.
- Tier 5 Visa Considerations: English language is not a consideration for a Tier 5 (Temporary worker) visa application.
- "Independent Life" Definition (Children): Paragraph 6 of the Immigration Rules defines "must not be leading an independent life".
- Supporting Document Errors: For points-based applications, if a supporting document is incorrectly formatted but the application is otherwise valid, UKVI may give the applicant time to correct the document.
- British Citizenship Registration (Born in UK): Children born in the UK and living there for their first 10 years of life should register as British citizens.
- EEA National "Qualified Person" Definition: Regulation 6 of the EEA (Immigration) Regulations 2006 defines "qualified person" for EEA nationals.
- EEA National Family Member Rights: Non-EEA family members can join EEA nationals in the UK who are job-seekers, have an initial right to reside, or have permanent residence.
- Non-EEA Son Joining EEA Parent: A non-EEA son, financially dependent on an EEA parent, can join the parent in the UK.
- Non-EEA National Marriage to EEA National: A non-EEA national in the UK will generally maintain residence after marrying an EEA national, provided it is not a sham marriage.
- ILR Fraudulent Application Handling: If a client's ILR was granted by deception and requests help for naturalization, do not assist or report to UKVI.
- Leave to Remain Application Requirements: Part 1 of the Immigration Rules comprises the legal requirements for a valid application for leave to remain.
- "Specified Evidence" in Appendix FM: "Specified evidence" refers to sections within Appendix FM-SE.
- Partner Application Financial Issues: If a client cannot meet the financial requirements for a partner visa application, refer them to an OISC Level 2 adviser.
- Leave Expiration While Waiting for Extension: If a client's leave expires while awaiting an extension decision, emphasize continuing leave under provisions in the Immigration Act 1971.
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