UK Immigration Rules and EU Settlement Scheme

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Questions and Answers

A non-EEA national wants to join their British partner in the UK. The partner has been working part-time, earning £16,900 per year. How much in savings will the non-EEA national need to meet the financial requirements?

  • £38,700
  • £21,800
  • £16,000
  • £70,500 (correct)

A Jamaican national, aged 29, wants to extend their leave under the partner rules. They do not have a degree or have taken an English language test. What is their situation regarding the English language requirement?

  • They must take an English language test.
  • They will meet the requirement because they are from a majority English-speaking country. (correct)
  • They will need to obtain a degree.
  • They will have to provide evidence of a sufficient level of English proficiency.

An EEA national has resided and worked in the UK for 5 years. What do they need to apply for to continue living in the UK after December 31st, 2020?

  • Pre-Settled Status
  • Indefinite Leave to Remain (correct)
  • Settled Status
  • Temporary Leave to Remain

A client's application for pre-settled status under Appendix EU has been refused. What is their next step?

<p>Seek an Administrative Review of the decision (B)</p> Signup and view all the answers

A non-EEA national has been granted indefinite leave to enter the UK as a parent of a child. How long must they wait before applying for naturalisation?

<p>One year (A)</p> Signup and view all the answers

Which of the following children, born in 2018, would NOT be able to register as a British citizen under the British Nationality Act 1981 in any circumstances?

<p>A child born in the UK to a parent with a document certifying permanent residence. (A)</p> Signup and view all the answers

A non-EEA national left the UK one year ago after being granted Indefinite Leave to Remain (ILR). They were looking after their father's business. What is the likely outcome of their ILR if they did not inform the Home Office of their absence?

<p>Their ILR will be revoked automatically. (C)</p> Signup and view all the answers

A non-EEA national has applied for a spouse visa and has been asked to provide evidence of their relationship with their British partner. Which of the following is NOT an acceptable form of evidence?

<p>A letter from their partner's employer verifying their relationship. (D)</p> Signup and view all the answers

Which of the following is a requirement for a non-EEA national applying for entry clearance to study a degree in the UK?

<p>Meet the English Language requirements (C), Demonstrate sufficient funds to cover tuition fees and living expenses (D)</p> Signup and view all the answers

Which of the following is NOT a valid way to refer to the UK Immigration Rules?

<p>Appendix Skilled Worker (A)</p> Signup and view all the answers

What is the required English language proficiency level for someone applying to the UK under the Start-Up route?

<p>B2 (C)</p> Signup and view all the answers

A Nigerian national, aged 30, wants to come to the UK under the Ancestry rules because their grandmother was born in the UK. What is the required financial requirement?

<p>The client must be able to maintain themselves adequately in the UK without recourse to public funds. (B)</p> Signup and view all the answers

Which of these routes CANNOT be switched into from the Religious Worker route?

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

A client has leave to enter the UK as a Tier 4 Student. They have completed their degree and want to apply for leave to remain under the Skilled Worker route. What is the relevant financial requirement?

<p>There is no financial requirement. (A)</p> Signup and view all the answers

Where can you find details about the continuity of residence requirements for a non-EEA national who seeks to demonstrate they have had 10 years continuous lawful residence in the UK?

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

An applicant for entry clearance as an adult dependent relative needs to consider which additional requirement besides the Suitability criteria in Appendix FM?

<p>Paragraph 9.82 (a) and (c) of the general grounds of refusal in Part 9 of the Rules (B)</p> Signup and view all the answers

Flashcards

HC 395

The official designation for the UK Immigration Rules.

Appendix Skilled Worker

A section in the Immigration Rules detailing qualifications for work visas.

B2 English requirement

The level of English language proficiency needed for the Start-Up route.

Study requirement

Points that a non-EEA national must score when applying for a study visa.

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No financial requirement for Tier 4 to Skilled Worker

A Tier 4 student does not need to show financial support to switch to Skilled Worker.

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Ancestry Rules

Guidelines allowing individuals with UK ancestry to work in the UK.

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Continuity of Residence

Requirements for demonstrating 10 years of lawful residence in the UK.

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Paragraph 9.82

Specific suitability criteria for adult dependent relatives applying for entry clearance.

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Spouse Visa Financial Requirement

Minimum income for a spouse visa increased to £38,700.

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Shortfall Calculation Formula

Required savings = (Shortfall x 2.5) + £16,000.

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English Language Requirement

Jamaican national meets language requirement automatically.

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Indefinite Leave to Remain (ILR)

Status granted to EEA nationals after 5 years.

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Administrative Review

Process to contest a refused post-Brexit status application.

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Naturalisation Application

Non-EEA parent can apply for naturalisation after 1 year.

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British Citizenship Registration

Child born in the UK to a permanent resident parent cannot register.

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Timeline for ILR Holder

Leaving the UK for a year affects ILR status.

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Study Notes

UK Immigration Rules and EU Settlement Scheme

  • The Immigration Rules are also known as HC 395.
  • Appendix Skilled Worker should be consulted for a German national seeking a PR assistant role, who has not previously lived or worked in the UK.
  • B2 English language proficiency is required for those applying to the UK on the Start-Up route.
  • A valid Certificate of Sponsorship is not required for a non-EEA national student applying for a degree in the UK.
  • Financial requirements for a non-EEA national completing a Tier 4 Student course and applying for Skilled Worker leave are not required.
  • You cannot switch from a Temporary Worker to a Religious Worker visa.
  • A Nigerian national with a UK-born grandmother applying under ancestry rules requires demonstration of financial self-sufficiency.
  • Applying for 10 years continuous lawful residence requires continuity, which is explained in Paragraph 276A, Immigration Rules.

Visa Extensions and Suitability

  • An application for a partner visa extension can be made within 14 days of the current visa expiry date, with justification for the delay.
  • Applicants should consider paragraph 9.82(a) and (c) under the general grounds of refusal (Part 9 of the Rules).
  • Spouse visa financial requirements: an increase effective January 2025 to a minimum £38,700 annual income. Savings will need to be demonstrated to cover the shortfall.
  • Applicants whose nationality is a majority English-speaking country do not need to pass an English language test.
  • Five-year UK resident and worker EEA nationals can apply for indefinite leave.
  • If pre-settled status under Appendix EU is denied, a review is possible through Administrative Review.

Naturalisation, Citizenship, and Family Sponsorship

  • One year after indefinite leave applications are granted, a non-EEA national can apply for naturalisation as a parent.
  • A child born in 2018 in the UK to a parent with permanent residence will not meet British citizenship requirements.
  • Individuals with indefinite leave who left the UK one year prior may not be eligible to return on the basis of their previously granted leave.
  • US nationals resident in Nepal applying for Skilled Worker visas require a TB test certificate.
  • If a non-EEA spouse sponsors their Pakistani son (age 15) living with relatives in Karachi, financial responsibility of the sponsor should be shown.
  • Individuals applying as a parent for indefinite leave to remain can check knowledge of language and life requirements within Appendix KOLL.

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