UK Immigration Rules and Regulations

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Questions and Answers

What is the minimum income requirement for a family to meet the "adequate maintenance" requirement in the Immigration Rules?

  • Income support after deducting housing costs.
  • Income support after deducting income tax, national insurance contributions, housing costs, and other essential expenses.
  • Income support after deducting income tax and national insurance contributions.
  • Income support after deducting income tax, national insurance contributions, and housing costs. (correct)

What type of legislation is the Immigration Act 1971 considered?

  • Secondary legislation.
  • Primary legislation. (correct)
  • Tertiary legislation.
  • Case law.

Which of the following is NOT eligible for Administrative Review of a decision by an Entry Clearance Officer?

  • A Tier 4 Student visa application.
  • A family visa application.
  • A Tier 2 General visa application.
  • A visit visa application. (correct)

Which of the following would not qualify to meet the rules for a Child joining a Settled Parent in the UK?

<p>A child whose mother is applying to join their father in the UK under the partner rules and can demonstrate a minimum income requirement of £22,400. (B)</p> Signup and view all the answers

Who is required to pay the Immigration Health Surcharge?

<p>A person applying for Leave to Enter as a Tier 4 (General) Student. (A)</p> Signup and view all the answers

What is the maximum length of absence allowed in any 12-month period without affecting continuous residence for EUSS applicants?

<p>6 months (D)</p> Signup and view all the answers

What should you advise a client who is overstaying on their Tier 4 (General) Student visa by 14 days?

<p>Advise them to apply for a new Tier 4 (General) Student visa within 14 days with a credible explanation for the delay. (E)</p> Signup and view all the answers

What is the minimum length of time a non-EEA national must have lived lawfully in the UK to be eligible for permanent residence under the EUSS?

<p>5 years (A)</p> Signup and view all the answers

Who is exempt from taking a TB test before applying to come to the UK?

<p>An Algerian national applying to come to the UK as a standard visitor. (B)</p> Signup and view all the answers

Which of the following is NOT considered an acceptable reason for a 12-month absence that would not break continuous residence for EUSS applicants?

<p>Working abroad for a short-term contract (B)</p> Signup and view all the answers

What type of visa category does not require an English language proficiency test?

<p>Tier 5 (Temporary Worker) (A)</p> Signup and view all the answers

If a person is applying for leave to remain in the UK for more than six months, what is one factor that determines their obligation to take a TB test?

<p>Their country of origin. (D)</p> Signup and view all the answers

A Tier 4 (General) applicant is ineligible for entry clearance to study a below degree-level course in the UK if they have spent more than ___ years studying non-degree-level courses after the age of 18.

<p>5 (C)</p> Signup and view all the answers

What type of visa might be suitable for a non-EEA national wanting to join their British partner in the UK?

<p>Family visa (A)</p> Signup and view all the answers

What document should a non-EEA national refer to for detailed information on absences and their impact on continuous residence for EUSS applicants?

<p>The EUSS guidance (D)</p> Signup and view all the answers

To document their right to permanent residence under the EUSS, what should a non-EEA national submit?

<p>A request for a permanent residence status (D)</p> Signup and view all the answers

What is the minimum income requirement for sponsoring a partner if the sponsor's son is a British citizen?

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

What is the difference between the 2016 EEA Regulations and the 2025 immigration framework in terms of worker status after redundancy?

<p>The 2016 EEA Regulations offered a six-month grace period for EEA nationals to find new employment after involuntary redundancy, while the 2025 framework does not. (B)</p> Signup and view all the answers

What is the main requirement for an EEA national who arrived in the UK after Brexit to retain their right to reside as a worker after losing their job?

<p>They must have a valid work visa and comply with its conditions. (A)</p> Signup and view all the answers

What is NOT a factor that determines an EEA national's ability to remain in the UK after redundancy?

<p>Their ability to apply for pre-settled status under the EUSS. (A)</p> Signup and view all the answers

What visa option could an EEA national consider after losing their job, should they choose to switch to another visa category?

<p>Skilled Worker Visa (C)</p> Signup and view all the answers

What is the main difference between an EEA national who arrived before 31 December 2020 and one who arrived after?

<p>The ones who arrived after 31 December 2020 need to possess a valid work visa. (C)</p> Signup and view all the answers

Where do EEA nationals who have lost their jobs need to register to be considered actively seeking employment?

<p>Job Centre (A)</p> Signup and view all the answers

What is the main reason why the 2016 EEA Regulations no longer apply?

<p>The UK is no longer a member of the European Economic Area. (C)</p> Signup and view all the answers

What is the purpose of Settled Status under the EU Settlement Scheme?

<p>To allow EU nationals who have lived in the UK continuously for at least five years to remain permanently. (B)</p> Signup and view all the answers

What is the minimum period of continuous residence required for eligibility to apply for Settled Status?

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

How can an individual apply for Settled Status?

<p>Through an online application on the EU Settlement Scheme website. (C)</p> Signup and view all the answers

What is NOT required as a document for applying for Settled Status?

<p>Evidence of recent travel history to other European countries. (B)</p> Signup and view all the answers

If someone submits fake bank statements with a Tier 4 (General) application, what would the likely outcome be?

<p>Their application may be refused, but they may not be banned from re-entry. (D)</p> Signup and view all the answers

Under UK Ancestry rules, what is the age requirement for someone to qualify for entry clearance?

<p>17 years old (A)</p> Signup and view all the answers

If a person living outside the UK has their entry clearance application refused, how long do they have to appeal the decision?

<p>28 days (A)</p> Signup and view all the answers

Which of the following would NOT be considered proof of continuous residence for Settled Status application?

<p>Travel itineraries (A)</p> Signup and view all the answers

What form should be used for an application for Indefinite Leave to Remain (ILR) by a Tier 2 (General) migrant?

<p>SET(O) (D)</p> Signup and view all the answers

Under which rules can a person with a Fiancé(e) visa apply for Leave to Remain within the UK?

<p>Partner Rules (D)</p> Signup and view all the answers

What is the minimum length of time a child born in the UK must have lived continuously in the UK to be eligible to register as a British citizen, if neither parent is British or settled?

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

What is the first step an EEA national needs to take before applying for naturalisation as a British citizen after living in the UK for six years as a worker?

<p>Apply for a Permanent Residence document (D)</p> Signup and view all the answers

Where are the Suitability requirements for Visitors set out in the Immigration Rules?

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

What category of visa would your client's Indian partner likely apply for to come to the UK to live with him?

<p>Spouse visa (D)</p> Signup and view all the answers

Your client's son, who is British and lives in India with your client's partner, wants to join them in the UK. What type of visa would he likely apply for?

<p>Child visa (B)</p> Signup and view all the answers

Based on the information provided, which of the following statements is TRUE?

<p>A child born in the UK can only register as a British citizen if both parents are British or settled. (A)</p> Signup and view all the answers

How long can someone be absent from the UK in any 12-month period without affecting their eligibility for Settled Status?

<p>Up to 6 months (D)</p> Signup and view all the answers

If a child is born in the UK to a parent with Settled Status, what nationality will the child automatically acquire?

<p>British Citizen (D)</p> Signup and view all the answers

Which document is NOT required for a spouse applying for Settled Status under the EU Settlement Scheme?

<p>A letter of invitation from the UK sponsor (D)</p> Signup and view all the answers

What is the typical status of the Immigration Health Surcharge for Settled Status applications under the EU Settlement Scheme?

<p>It is waived in most cases (D)</p> Signup and view all the answers

What should an individual do if they need further assistance with their Settled Status application?

<p>Contact the office mentioned in the text (D)</p> Signup and view all the answers

A child born outside the UK to a parent with Settled Status will automatically become a British citizen.

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

A non-EEA national who is applying for Settled Status will always have to pay the Immigration Health Surcharge.

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

If an individual has been absent from the UK for more than six months in any 12-month period, they will automatically be ineligible for Settled Status.

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

Flashcards

Adequate Maintenance Requirement

Income must match that of a family on income support after deductions.

Immigration Act 1971

This Act is classified as primary legislation in UK immigration law.

Administrative Review

No right to seek this review under visit visa rules after a refusal decision.

Child Joining Settled Parent Rules

Certain conditions must be met for a child applying to join a parent in the UK.

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Immigration Health Surcharge

Most visa applicants, including Tier 4 students, must pay this fee.

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14-Day Overstay Rule

An overstayer may apply within 14 days if they have a good reason for the delay.

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TB Test Requirement

Certain nationals from high-risk countries need a TB test before visa application.

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Standard Visitor Visa

Algerian nationals applying for this visa do not need a TB test.

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SET(O) Form

Application form for Indefinite Leave to Remain as a Tier 2 (General) Migrant.

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Fiancé(e) Visa Rules

Fiancé(e) visa holders can obtain Leave to Remain under partner rules after marriage.

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British Citizenship Registration

A child can register as a British citizen if born in the UK and lived there until age 10, regardless of parents' status.

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Permanent Residence for EEA Nationals

EEA nationals must apply for Permanent Residence before naturalising as British citizens.

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Visa Suitability Requirements

Suitability requirements for Visitor visas are outlined in Appendix V of the Immigration Rules.

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Indefinite Leave to Remain

Status allowing a migrant to stay in the UK without time limit, must be applied for via specific forms.

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Spouse Visa (FLR(M))

Visa category allowing a partner of a British citizen to stay in the UK after marriage.

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British Citizen's Sponsorship

A British citizen can sponsor a foreign partner to live in the UK.

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Minimum income requirement

The income level required to sponsor a partner in the UK, set at £29,000 for the case described.

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British citizen dependency

A British citizen is not considered a dependent for immigration income requirements.

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Pre-settled status

A residency status for EEA nationals allowing continued residence in the UK if arrived before 31 December 2020.

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Right to reside as a worker

The entitlement to live and work in the UK, which can depend on arrival date and visa status.

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2016 EEA Regulations

Previous regulations that allowed EEA workers to retain worker status for 6 months after job loss.

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EEA nationals after Brexit

Post-Brexit, EEA nationals must hold a valid work visa to reside in the UK after redundancy.

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Skilled Worker Visa

A visa option for those who have a job offer from an approved UK employer in a skilled role.

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Grace periods in visas

Additional time allowed under certain visa categories for individuals to find employment or adjust status.

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Settled Status Absences

You can apply for Settled Status even with short absences (up to 6 months).

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Child Born After Settled Status

A child born in the UK after you obtain Settled Status is a British citizen by birth.

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Spouse Settled Status Application

A spouse can apply for Settled Status if living together in the UK as a family unit.

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Documents for Spouse Application

Spouse needs a valid ID, marriage certificate, and proof of living together.

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Immigration Health Surcharge Waiver

The Immigration Health Surcharge is usually waived for Settled Status applicants.

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Assistance for Settled Status

Contact the office for help with the Settled Status application process.

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Absence Explanation Requirement

Absences over 6 months in a 12-month period require an explanation for Settled Status.

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British Nationality Act 1981

It grants British citizenship by birth to a child born in the UK under certain conditions.

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Fake Bank Statements

Submitting false bank statements in visa applications can lead to application refusal.

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UK Ancestry Rules - Age Requirement

Applicants must be at least 17 years old for entry clearance under UK Ancestry rules.

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Right of Appeal

A person outside the UK can appeal an entry clearance refusal within 28 days of noticing decision.

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Settled Status

Settled Status allows EU nationals living in the UK before Dec 31, 2020, to stay permanently.

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Eligibility for Settled Status

EU nationals with 5 years continuous UK residence before Dec 31, 2020, can apply for Settled Status.

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Application Process for Settled Status

Apply online for Settled Status, free, requiring proof of identity and residence.

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Documents for Settled Status

Need a passport, proof of residence, and employment/studies evidence to apply for Settled Status.

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Continuous Residence Proof

Documents like bills or bank statements are needed to show 5 years of living in the UK for Settled Status.

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EUSS Guidance

Legal provisions for EU Settlement Scheme applicants post-Brexit.

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Continuous Residence

A period of five years spent lawfully in the UK without significant absences.

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Permissible Absences

Absences allowed without breaking continuous residence: up to six months or one year for specific reasons.

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Permanent Residence Request

Submission of evidence to confirm eligibility for permanent status under EUSS.

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Tier 4 (General) Applicant

A person applying to study in the UK; restrictions apply for below degree-level courses.

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Study Limit

With Tier 4, studying below degree level is not possible if over 5 years of non-degree study occurred.

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Entry Clearance

Permission to enter the UK for specific purposes, like joining a partner.

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Non-EEA National

An individual from outside the European Economic Area applying for UK residence.

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Study Notes

Immigration Rules

  • Families must meet "adequate maintenance" requirements. Income available must equal income support levels after deducting income tax, national insurance contributions, and housing costs.
  • The Immigration Act 1971 is primary legislation.
  • Entry clearance officers' decisions aren't subject to administrative review for visit visas.
  • A child joining a settled parent (with indefinite leave to remain) should meet minimum income requirements of £22,400.
  • Tier 4 (General) Students must pay the Immigration Health Surcharge (IHS). However, fiancé(e) visa applicants and those applying for ILR are exempt from the charge.
  • Overstayers have 14 days to apply if a delay was beyond their control.
  • Algerian nationals applying for a standard visitor visa are excluded from TB testing requirements. Short-term visitors do not require TB testing.

Indefinite Leave to Remain

  • Tier 2 (General) migrants apply using the SET(O) form.

Partner Rules

  • Fiancé(e) visa holders can apply for leave to remain in the UK under the partner rules.
  • A child born in the UK can apply to register as a British citizen if neither parent is British or settled, but the child has resided continuously for 10 years in the UK.

British Citizenship

  • EEA nationals who have lived in the UK for six years (without any absences) as workers can apply for permanent residence and then naturalization after a year.
  • Non-EEA individuals are not considered dependents for purposes of minimum income requirements for sponsoring a partner.

Visa Types

  • Various visa types exist for specific purposes such as skilled worker, health & care, global talent, intra-company transfer, start-up, innovator, and temporary worker.

Visas and Residency

  • Continuous residence (EU Settlement Scheme) and absences of up to 6 months in any 12-month period are acceptable for maintaining residency rights. Longer absences may require explanation.
  • Those applying for below-degree level courses (Tier 4) will be denied entry clearance if they've studied non-degree level courses for more than 5 years.
  • Tier 4 applicants with false bank statements may have their applications rejected.
  • Applications for entry clearance under the UK Ancestry rules will be denied to applicants under 17 years old.
  • Appeals for refusal of entry clearance decisions must be submitted within 28 days of receiving the decision notice if living outside the UK.

Income Requirements

  • Minimum income requirements for sponsoring a partner may be £29,000 or more.
  • Minimum income for sponsorship may vary based on dependent status.

Immigration Health Surcharge (IHS)

  • The Immigration Health Surcharge is typically waived for applications under the EU Settlement Scheme.

Application Assistance

  • Contact the relevant office for assistance with application procedures, document preparation, and questions.

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