UK Immigration Rules and Procedures Quiz

Immigration Rules and Procedures

• New Government Pledges: Repeal of the Human Rights Act 1998
• Appeals Process: Initial appeal hearings are in the First-tier Tribunal (Immigration and Asylum Chamber)
• UKVI Website Guidance: Advisers commonly use the GOV.UK website for immigration rules, applicant guidance, and Home Office caseworker guidance. They often consult the caseworker guidance to understand how the rules are applied in practice.
• ILR Lapse Period: An ILR (Indefinite Leave to Remain) will lapse if a person is outside the UK for more than two years consecutively.
• Application Rejection: Before rejecting an invalid application, the Home Office must contact the applicant to correct omissions or errors, based on Part 1 of the immigration rules.
• Partner Category Exception: In some situations, partners who receive certain disability benefits are exempt from the minimum income requirement in Appendix FM
• Bank Statement Requirements: For Appendix FM financial requirements, applicants must submit bank statements showing the closing balance at least 28 days before the application date.
• Fiancé(e) Visa Extension: Tier 4 migrants seeking to extend their stay as a fiancé(e) of a British citizen can apply, but the previous financial requirement of £18,600 still applies. As of April 11, 2024, the financial requirement is a minimum gross annual income of £29,000. The fee for extending stay application is £1,538, and the Immigration Health Surcharge (IHS) is £1,560.

Applying for Settlement

• 10-year Residence Category: Applications are made on the SET(LR) form.
• Form Errors: If the wrong form is used, the Home Office may give the applicant one chance to correct their submission.
• EEA National Residency: If an EEA national lives in the UK for five years and certain events occur, their continuity of residence might break.
• EEA National Rights: EEA nationals have the right of admission and residence under EU free movement rules.
• Continuing Leave: Continuing leave under Immigration Act 1971 section 3C can arise in cases where a request is made on the final day of leave, such as by post.
• British Citizenship Application: Children born in the UK to non-British parents can register as British Citizens after 10 years residence.
• Deception in Applications: A deceptive application can lead to a 10-year entry ban, unless it falls under the Appendix FM provisions.
• Resident Labour Market Test: Employers must advertise jobs in the UK before offering them to non-EEA citizens.
• Points-Based System Control: The Home Office has increased control over decision-making in the points-based system by introducing a "genuineness" criteria.

Financial and Visa Rules

• English Language Requirements: Tier 2 (General) applicants require a minimum English level (B1).
• Health Surcharge: People applying for limited leave to reside in the UK may have to pay a health surcharge, unless exempted.
• Fiancé Visa Application: A married person applying to extend their stay may use the FLR(M) form.
• Appendix FM Introduction Date: The provisions introduced in Appendix FM are effective since July 9th, 2012.
• Knowledge and Life/Language Requirements: UK requirements for indefinite leave (ILR) applications can be found in section Appendix KOLL.
• General Visitor Stay Duration: A general visitor's stay in the UK is limited to the period specified on their visa application or entry interview, not exceeding six months.
• English Studies for Visitors: General visitors are permitted up to 30 days of English studies in accredited institutions.
• Tier 4 Visa Considerations: The consideration for accommodation for a Tier 4 visa is not relevant if accommodations are provided by a relative.
• Tier 5 (Temporary Worker) Considerations: English language proficiency is a necessary consideration for Tier 5 applications.
• Children and Independent Living: The phrase "must not be leading an independent life" for children in immigration rules is explained in paragraph 6 of these rules.
• Points-Based System Document Errors: If a supporting document is submitted in the wrong format for a Points-based System application, the UKVI may suggest steps to submit it correctly.

EEA National Rights and Obligations

• EEA National Qualification: The requirements for an EEA national to be "qualified" are provided in Regulation 6 of the EEA(Immigration) Regulations 2006.
• Non-EEA Family Members: A non-EEA family member can join an EEA national living in the UK who is a job-seeker or has an initial right to reside. If an EEA national has permanent residence, then the non-EEA family member can join based on this too.
• Non-EEA Family Member Scenarios: A 42-year-old non-EEA son of an EEA national can join their parent in the UK if they are financially dependent.
• Marriage and Non-EEA Residency: When a non-EEA national in the UK, breaching immigration law, marries an EEA national who has a right to reside, the non-EEA individual may receive the right to reside if the marriage isn't a sham.
• Naturalization Assistance: In cases where an individual with granted indefinite leave to reside obtained that leave through deception, assistance with the application for naturalization by an advisor is not permitted
• Leave to Remain Requirements: The legal requirements for a valid leave to remain application are in part 1 of the immigration rules.

Specific Evidence and Extensions

• Specified Evidence: 'Specified Evidence' in Appendix FM refers to specific provisions detailed in Appendix FM-SE.
• Financial Requirements and Partner Applications: If a partner applicant cannot fulfill financial requirements despite working long hours, the client should be referred to an OISC Level 2 advisor. Further, if a grant of leave runs out while awaiting an extension, continuing leave will exist according to the Immigration Act of 1971.