UK Immigration Law Quiz

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Questions and Answers

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?

  • 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?

  • 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?

<p>Applicants in receipt of certain disability-related benefits (D)</p> Signup and view all the answers

What is the required closing balance date for bank statements submitted in support of financial requirements under Appendix FM?

<p>No earlier than 28 days before the application date (D)</p> Signup and view all the answers

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?

<p>Meeting the financial requirement of £18,600 (C)</p> Signup and view all the answers

What is the form used to apply for settlement under the 10-year long residence category?

<p>SET(LR) (B)</p> Signup and view all the answers

What is the likely outcome if the wrong form is used for an application?

<p>The applicant will be given one opportunity to remake the application on the correct form (A)</p> Signup and view all the answers

In which of the following circumstances will an EEA national automatically break their continuity of residence after spending five years in the UK?

<p>They spend a total of 14 months in the UK, but are absent from the UK for a period of 22 months over the five-year period. (D)</p> Signup and view all the answers

Which of the following is a right granted to EEA nationals under the Free Movement regime?

<p>A right of admission and residence. (C)</p> Signup and view all the answers

In which of the following circumstances will a person have continuing leave under section 3C of the Immigration Act 1971?

<p>They make a postal application to extend their stay on the final day of their leave. (D)</p> Signup and view all the answers

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?

<p>10 years (D)</p> Signup and view all the answers

What is the penalty for using deception in an application for leave to enter the UK?

<p>A 10-year entry ban unless applying under Appendix FM. (B)</p> Signup and view all the answers

What does the Resident Labour Market Test require?

<p>An employer to advertise the post in the UK before offering it to a non-EEA national. (C)</p> Signup and view all the answers

How has the Home Office sought to exercise more control over decision making under the points-based system?

<p>Introducing ‘genuineness’ criteria. (D)</p> Signup and view all the answers

What level of English language proficiency is required for an applicant under Tier 2 (General) to score the required points?

<p>Level B1 (B)</p> Signup and view all the answers

Will a person applying for limited leave to remain in the UK have to pay a health surcharge?

<p>Yes, unless exempt under Schedule 2 of the Immigration (Health Charge) Order 2015. (B)</p> Signup and view all the answers

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?

<p>FLR(M) (C)</p> Signup and view all the answers

On what date were the provisions in Appendix FM introduced?

<p>9 July 2012 (D)</p> Signup and view all the answers

Where are the Knowledge of Life and language in the UK requirements for ILR applications found?

<p>Appendix KOLL (B)</p> Signup and view all the answers

For how long should a person with leave to enter as a general visitor remain in the UK?

<p>For the period stated in their visa application form or entry interview, not exceeding 6 months. (B)</p> Signup and view all the answers

To what extent can a general visitor study English in the UK?

<p>They can study English for up to 30 days in an accredited or regulated institution. (C)</p> Signup and view all the answers

When considering the funds requirement for a Tier 4 visa, which of the following is NOT a relevant consideration?

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

In regard to an application for entry as a Tier 5 (Temporary worker), which of the following is NOT a relevant consideration?

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

The phrase “must not be leading an independent life” in the immigration rules relating to children is defined in which of the following?

<p>The Immigration Rules at paragraph 6. (D)</p> Signup and view all the answers

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?

<p>UKVI may contact the applicant to give them a limited time to provide the correct document. (A)</p> Signup and view all the answers

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?

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

To be a ‘qualified person’, what regulation must an EEA national meet the definition provided in?

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

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?

<p>All of the above (A)</p> Signup and view all the answers

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?

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

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?

<p>Yes, so long as the marriage is not a sham marriage. (A)</p> Signup and view all the answers

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?

<p>The partner is in receipt of particular disability related benefits. (C)</p> Signup and view all the answers

What is the application fee for extending a stay in the UK as a fiancé(e) of a British citizen?

<p>£1,538 (B)</p> Signup and view all the answers

What is the minimum gross annual income requirement for a fiancé(e) visa in the UK as of April 11, 2024?

<p>£29,000 (B)</p> Signup and view all the answers

Which of the following statements accurately reflects an advisor's use of the UKVI pages on GOV.UK?

<p>After reviewing the immigration rules, it is often helpful to consult the guidance to Home Office caseworkers for insights into practical application. (D)</p> Signup and view all the answers

What is the typical Home Office response if an applicant uses the wrong form for their application?

<p>The applicant will be given one opportunity to remake the application on the correct form. (D)</p> Signup and view all the answers

What is the purpose of the recent amendments to paragraph 6 of the Immigration (EEA) Regulations 2006?

<p>To restrict access to benefits. (C)</p> Signup and view all the answers

What is the primary function of the First-Tier Tribunal (Immigration and Asylum Chamber)?

<p>To hear appeals against the refusal of immigration applications. (C)</p> Signup and view all the answers

What is the latest closing balance date for bank statements submitted in support of financial requirements under Appendix FM?

<p>No earlier than 28 days before the date of application. (C)</p> Signup and view all the answers

A non-EEA family member will normally be entitled to join an EEA national in the UK who is: (Select all that apply)

<p>Has an initial right to reside (A), Has permanent residence (B), Is a job-seeker (E)</p> Signup and view all the answers

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?

<p>If the marriage is not a sham marriage (C)</p> Signup and view all the answers

What is the English language requirement needed to score the required points in a Tier 2 (General) application for limited leave to remain?

<p>Level B1 (C)</p> Signup and view all the answers

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?

<p>FLR(M) (C)</p> Signup and view all the answers

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?

<p>Contact the applicant to give them a limited time to provide the correct document (D)</p> Signup and view all the answers

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?

<p>They spent a total of 183 days in the UK, over a consecutive period of five years (C)</p> Signup and view all the answers

What will be the consequences for a person who uses deception in an application for leave to enter the UK?

<p>An entry ban of 10 years unless applying to enter under the provisions of Appendix FM (F)</p> Signup and view all the answers

What is the Resident Labour Market Test?

<p>A test that requires an employer to advertise the post in the UK before offering it to a non-EEA national (B)</p> Signup and view all the answers

Which of the following will NOT be a relevant consideration when considering the funds requirement for a Tier 4 visa?

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

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?

<p>10 years (B)</p> Signup and view all the answers

What is the initial appeal forum for a rejected application under the Points-Based System?

<p>The First-tier Tribunal (Immigration and Asylum Chamber) (A)</p> Signup and view all the answers

Which of these options applies to a person who has been granted ILR and who wishes to travel outside of the UK?

<p>They are responsible for ensuring they remain compliant with the UK immigration rules. (B)</p> Signup and view all the answers

Your client's previous grant of leave runs out whilst they are awaiting a decision on an extension application. What will you advise them?

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

If your client has been granted ILR by deception, and they ask for your help to apply for naturalisation, what should you do?

<p>You must not assist them, and you must not report them to the UKVI (D)</p> Signup and view all the answers

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?

<p>Refer them to an OISC Level 2 adviser (E)</p> Signup and view all the answers

Flashcards

Human Rights Act 1998

A UK law pledged to be repealed by the new government.

First-tier Tribunal

The initial court for appeals against application refusals.

Immigration Rules

The regulations governing UK immigration applications.

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

Minimum gross income of £29,000 required for applications after April 11, 2024.

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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

Allows exemption from income requirements under certain disability benefits.

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Application Remake Opportunity

Home Office's process to allow applicants to correct form errors.

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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

An EEA national's entitlement to enter and stay in the UK.

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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

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

Using false information during application that leads to a 10-year entry ban.

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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

Standards introduced to ensure legitimacy in points-based applications.

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Tier 2 English Requirement

The level of English proficiency needed for Tier 2 visa applicants to score points.

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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

The application form for extending stay as a partner after marriage.

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Immigration Rules Evidence

Specific documentation required for applications under Appendix FM.

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Naturalisation Assistance

Guidance on applying for British citizenship after ILR granted by deception.

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Financial Dependent Rules

Rules stating that certain family members may join an EEA national if financially dependent.

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Visitor Duration

The maximum time a general visitor can stay in the UK.

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First-tier Tribunal (Immigration and Asylum Chamber)

The initial court for appeals against application refusals.

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Extended Stay Application Fee

Cost of £1,538 for extending stay in the UK.

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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 gross income of £29,000 required after April 2024.

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Application Correction Opportunity

Home Office gives one chance to redo a misfiled application.

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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

Partners receiving specific benefits may bypass income requirements.

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Continuity of Residence Breaks

Circumstances that interrupt a person's residency in the UK.

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EEA National Rights

EEA nationals have the right of admission and residence in the UK.

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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

A child born in the UK can apply for citizenship after 10 years of residency.

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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

Employers must advertise a job in the UK before hiring non-EEA nationals.

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Control under Points-based System

Home Office uses 'genuineness' criteria to ensure decision legitimacy.

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Tier 2 English Requirement Level

Applicants must achieve Level B1 in English to score points.

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Health Surcharge Exemptions

Generally, applicants for limited leave must pay a health surcharge unless exempt.

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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

Specified evidence refers to specific documents required in Appendix FM.

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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

Non-EEA family can join EEA nationals if the latter has a right to reside.

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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

An EEA national's financially dependent family can join them in the UK.

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Study Notes

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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