UK Immigration Rules Quiz
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Questions and Answers

What has the new government pledged to do regarding immigration rules?

  • Simplify the immigration rules (correct)
  • Repeal the Human Rights Act 1998
  • Extend the 10 year long residence rule to 12 years
  • Close Tier 2 (General)
  • Where will an appeal against the refusal of an application be heard initially?

  • Court of Appeal
  • Asylum and Immigration Tribunal
  • First-tier Tribunal (Immigration and Asylum Chamber) (correct)
  • Administrative Court
  • Which statement is true regarding an adviser’s use of the GOV.UK immigration pages?

  • Advisers should start with the guidance to applicants before looking at immigration rules. (correct)
  • All advisers follow the same procedure regardless of firm policies.
  • Advisers should avoid looking at guidance to Home Office caseworkers entirely.
  • It is sufficient to only use application forms and guidance notes.
  • Under what condition will a grant of Indefinite Leave to Remain (ILR) lapse?

    <p>If the individual is outside the UK for a continuous period of more than two years (D)</p> Signup and view all the answers

    What differentiates the guidance to Home Office caseworkers from guidance to applicants?

    <p>Guidance to caseworkers is considered more complex and detailed. (B)</p> Signup and view all the answers

    What is the maximum continuous period outside the UK that allows a person to maintain their ILR?

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

    Which of the following best describes the role of guidance to applicants in advising clients?

    <p>It should be the primary resource for advisers giving immigration advice. (B)</p> Signup and view all the answers

    Which one of these statements about application forms and guidance notes is most accurate?

    <p>They are foundational, but advisers should also consider caseworker guidance. (D)</p> Signup and view all the answers

    Which scenario allows an applicant to rely on paragraph EX1?

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

    What is the maximum age gap for the closing balance on bank statements to be accepted for financial requirements?

    <p>28 days before the date of application. (D)</p> Signup and view all the answers

    Under what condition can a Tier 4 migrant apply for an extension of stay as a fiancé of a British citizen?

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

    Which form is required for an application for settlement under the 10-year long residence category?

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

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

    <p>The Home Office will request a correction. (D)</p> Signup and view all the answers

    What is the purpose of 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

    In which situation would an EEA national automatically break their continuity of residence after five years in the UK?

    <p>Removed from the UK and returned immediately. (C)</p> Signup and view all the answers

    What rights does an EEA national have under the Free Movement regime?

    <p>The right to reside and seek employment in the UK. (C)</p> Signup and view all the answers

    What must the Home Office do before rejecting an invalid application?

    <p>Contact the applicant to give them a chance to correct errors (B)</p> Signup and view all the answers

    Under which condition may an applicant for entry clearance under the partner category not need to meet the minimum income requirement?

    <p>The partner has certain disability-related benefits (B)</p> Signup and view all the answers

    When submitting bank statements for financial requirements, what is the earliest date they should show the closing balance?

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

    What condition allows a Tier 4 migrant to seek an extension of stay as a fiancé of a British citizen?

    <p>If they were previously granted leave for over 6 months (B)</p> Signup and view all the answers

    On which form should a person apply for settlement under the 10-year long residence category?

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

    What is the likely consequence of using the wrong form for an application?

    <p>The application will be deemed invalid (A)</p> Signup and view all the answers

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

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

    What happens if the applicant's partner is living outside the UK in relation to the minimum income requirement?

    <p>The requirement is waived automatically (C)</p> Signup and view all the answers

    What is the English requirement for Level B1?

    <p>It is the intermediate level of proficiency (D)</p> Signup and view all the answers

    What must a person do when applying for limited leave to remain in the UK?

    <p>Pay a health surcharge unless exempt under specific immigration rules (B)</p> Signup and view all the answers

    What level of marks is indicated as the maximum for Section 2?

    <p>33 marks (C)</p> Signup and view all the answers

    What is a requirement for scoring high marks in Section 2's written answers?

    <p>Providing legible and clearly communicated responses in plain English (C)</p> Signup and view all the answers

    What is Eduardo's current visa status?

    <p>He is on a six-month visa under Tier 5 category (A)</p> Signup and view all the answers

    What relationship status do Humphrey and Eduardo share?

    <p>They are in a cohabiting relationship and plan to marry (B)</p> Signup and view all the answers

    What does Humphrey want for Eduardo's future in the UK?

    <p>To remain in the UK for marriage and living together (D)</p> Signup and view all the answers

    What is stated about the standard of model answers provided?

    <p>They were not written under examination conditions (B)</p> Signup and view all the answers

    What is required of an employer who wishes to sponsor a prospective employee under Tier 2 regarding salary?

    <p>They must pay the employee a salary that is comparable to that of a UK national in a similar job. (B)</p> Signup and view all the answers

    Which of the following is a condition imposed by the Resident Labour Market Test?

    <p>Employers are required to conduct a skills test for prospective employees. (D)</p> Signup and view all the answers

    What change has the Home Office made to increase control over the points-based system?

    <p>Implementing 'genuineness' criteria for decision-making. (B)</p> Signup and view all the answers

    What level of English language proficiency is required for scoring points under Tier 2 (General)?

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

    Is it mandatory for a person applying for limited leave to remain in the UK to pay a health surcharge?

    <p>Yes, but only if they do not qualify for exemptions. (C)</p> Signup and view all the answers

    What does the Resident Labour Market Test NOT require an employer to do?

    <p>Hire only individuals from the Shortage Occupation List. (A)</p> Signup and view all the answers

    Why has the Home Office made rules regarding the points-based system more complicated?

    <p>To control and scrutinize applications more closely. (A)</p> Signup and view all the answers

    How does an employer satisfy the stipulation of the Resident Labour Market Test regarding job advertisement?

    <p>They must advertise the job in the UK prior to hiring a non-EEA national. (A)</p> Signup and view all the answers

    What is the duration of permission granted to Eduardo if his visa application is successful?

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

    What must Eduardo provide to the Home Office if he has been previously married?

    <p>A divorce certificate (B)</p> Signup and view all the answers

    What could happen if Eduardo fails to disclose his previous marriage?

    <p>He could be subject to refusal of his visa application (D)</p> Signup and view all the answers

    How long does Eduardo have to appeal if his visa application is refused?

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

    What is required for Eduardo to apply to settle in the UK permanently?

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

    What should Eduardo gather as evidence to prove the genuineness of his current relationship?

    <p>Good evidence of the current relationship (B)</p> Signup and view all the answers

    Which action is considered a criminal offense in the context of visa applications?

    <p>Deceiving the Home Office (D)</p> Signup and view all the answers

    What should Eduardo do if he does not want to disclose his previous marriage?

    <p>Seek legal advice immediately (A)</p> Signup and view all the answers

    Flashcards

    Using UKVI guidance

    The UK Visas and Immigration (UKVI) pages on the GOV.UK website provide guidance for both applicants and Home Office caseworkers. While guidance for applicants serves as a starting point, it's crucial to consult the immigration rules and guidance for caseworkers for a comprehensive understanding of how rules are applied in specific situations.

    Where are immigration appeals initially heard?

    The First-tier Tribunal (Immigration and Asylum Chamber) is the initial court for appeals regarding immigration decisions.

    When does ILR lapse?

    Indefinite Leave to Remain (ILR) will be revoked if the holder spends more than two continuous years outside the UK.

    What is the government doing regarding immigration rules?

    The new government is making efforts to streamline the immigration rules.

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    How can an ILR holder lose their status?

    A person who has indefinite leave to remain (ILR) in the UK will lose their ILR if they are outside the UK for more than 2 years continuously.

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    Why should an immigration advisor consult both applicant and caseworker guidance?

    The UKVI pages on the GOV.UK website provide guidance for both applicants and Home Office caseworkers. While guidance for applicants serves as a starting point, it's crucial to consult the immigration rules and guidance for caseworkers to fully understand the application process.

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    What is the name of the initial court for immigration appeals?

    The First-tier Tribunal (Immigration and Asylum Chamber) is the initial court for appeals against immigration decisions in the UK.

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    What's the government's goal regarding immigration rules?

    The goal of the new UK government is to simplify the immigration rules.

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    Procedural Fairness in Immigration Applications

    Before rejecting an application due to errors, the Home Office must first contact the applicant to provide an opportunity for correction. This principle ensures fairness in immigration application processes.

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    Exception to Income Requirements for Partner Visa

    The Home Office is obligated to grant entry clearance under the partner category of Appendix FM, even if the applicant doesn't meet the minimum income requirement, if the applicant relies on paragraph EX1 of the rules.

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    Bank Statement Requirements for Visa Applications

    When submitting bank statements to prove financial requirements for a visa application, the closing balance must be shown no earlier than 31 days before the application date.

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    Extension of Stay for Fiancé of British Citizen

    A Tier 4 visa holder in the UK seeking to extend their stay as the fiancé of a British citizen is not automatically eligible for the extension of stay.

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    Form for 10-Year Long Residence Settlement

    The form used to apply for settlement in the UK under the 10-year long residence category is SET(LR).

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    Using the Wrong Application Form

    If the wrong form is submitted for an application, the Home Office will likely consider the application invalid and provide an opportunity for the applicant to resubmit on the correct form.

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    Restriction of Benefits for EEA Nationals

    Recent amendments to paragraph 6 of the Immigration (EEA) Regulations 2006 aim to restrict access to benefits for certain categories of EEA nationals, not to restrict their right of admission.

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    Resident Labour Market Test (RLMT): What is it?

    An employer must advertise a job in the UK before offering it to a non-EEA national, giving British workers the opportunity to apply first.

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    RLMT: Salary Requirement

    This test requires an employer to pay their Tier 2 employee a salary comparable to what a UK national would earn in the same role.

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    English Language Requirement for Tier 2

    To qualify for Tier 2 (General), applicants need to demonstrate English language proficiency at Level B1 or higher.

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    How does the Home Office control immigration?

    To control immigration under the points-based system, the Home Office has introduced 'genuineness' criteria to assess the validity of applications and prevent fraud.

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    Health Surcharge for Limited Leave to Remain

    A health surcharge is a fee paid by individuals applying for limited leave to remain in the UK. It contributes to the NHS (National Health Service).

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    Disclosure of previous marriages

    When applying for a visa in the UK one must disclose all previous marriages.

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    Evidence of genuine relationship

    If Eduardo's previous marriage is disclosed, evidence of the current relationship will prove its genuineness.

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    Divorce certificate

    Eduardo must provide a divorce certificate for the previous marriage as proof.

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    Deception in visa applications

    It's a criminal offence to deliberately mislead the Home Office during a visa application.

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    Adviser's role

    A UK immigration advisor cannot represent a client if they know of a deliberate deception.

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    Witness statement

    The advisor will make a witness statement about the disclosure of the previous marriage, so the client does not have to.

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    Relevant legislation

    The advisor will refer to the relevant sections of legislation to advise on the legal requirements.

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    Ongoing support

    The advisor is willing to assist and advise the client throughout the process.

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    What are some factors that determine if an applicant is eligible under paragraph EX1?

    When an applicant relies on paragraph EX1, their partner is living with them outside the UK, receiving disability benefits, or is a refugee, they may be eligible for a particular immigration route.

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    What is the minimum time frame for closing balance on bank statements for Appendix FM?

    Bank statements must show a closing balance no earlier than 28 days before the application date to meet the financial requirements of Appendix FM.

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    Can a Tier 4 migrant extend their stay as a fiancé based only on previous leave or income?

    A Tier 4 migrant who wants to extend their stay as the fiancé of a British citizen will not be able to do so based solely on their previous leave or income. They'll need to meet other requirements.

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    What form is used for a settlement application under the 10-year long residence category?

    An applicant for settlement under the 10-year long residence category will need to apply using the SET(LR) form.

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    What happens if an applicant submits a wrong form for an application?

    If an incorrect form is used for an application, the Home Office may give the applicant one opportunity to submit the application again using the correct form.

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

    Recent amendments to paragraph 6 of the Immigration (EEA) Regulations 2006 primarily target restricting access to benefits for EEA nationals.

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    What circumstance could break an EEA national's continuity of residence?

    If an EEA national spends six months outside the UK in a 12-month period, they might have automatically broken their continuity of residence and therefore not qualify for permanent residency after five years.

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    What rights do EEA nationals have under the Free Movement regime?

    Under the Free Movement regime, an EEA national has a range of rights, including the right to work, study, and reside in the UK.

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    Can Eduardo apply for a family visa?

    A Brazilian national can apply for a family visa if they are a partner of a British national and meet certain requirements. This visa allows them to remain in the UK for a longer period and eventually apply for permanent residency.

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    What is the Tier 5 (Temporary Worker) visa?

    The Tier 5 (Temporary worker) visa allows foreign nationals to work in the UK for a specific period of time. It's a temporary visa for a short-term job.

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    What is the health surcharge?

    A health surcharge is a fee immigrants need to pay to access the UK's National Health Service. It covers healthcare costs during their stay in the UK.

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    What are the exemptions for the health surcharge?

    If a person is exempt from paying the health surcharge due to their specific circumstances, they can apply for an exception. These exemptions are outlined in the Immigration (Health Charge) Order 2015.

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    What does cohabiting mean?

    Cohabiting means living together in a committed relationship, but without being married or in a civil partnership.

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    What is limited leave to remain?

    Limited leave to remain allows a person to stay in the UK for a fixed period of time, usually with specific conditions. After this period, they may need to apply for an extension or a different visa.

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    What is indefinite leave to remain?

    Indefinite leave to remain (ILR) grants a foreign national the right to live in the UK permanently, meaning they don't need to apply for any further visas. This is a form of permanent residency.

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    What is the requirement for permanent residency (ILR)?

    A person who satisfies the requirements can apply for permanent residency (ILR) after spending a certain period in the UK.

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    Study Notes

    OISC Level 1 Assessment - Section 1 - Multiple Choice Questions

    • Open Book Examination: Candidates can use exam resources, published texts, and personal notes during the exam.
    • Single Correct Answer: Each question in Section 1 has only one correct answer.
    • Answer Recording: Answers must be recorded on the answer sheet provided, not on the question paper.

    OISC Level 1 Assessment - Section 1 - Multiple Choice Questions - Specific Questions

    • Question 1 (New Government Pledges): The new government has pledged to extend the 10-year residency rule to 12 years.
    • Question 2 (Appeal Process): Appeals against application refusals are initially heard by the First-tier Tribunal (Immigration and Asylum Chamber).
    • Question 3 (UKVI Website Use): Advisers should use the guidance for home office caseworkers as well as the applicant guidance in order to provide proper advice.
    • Question 4 (Grant of Indefinite Leave to Remain (ILR) Lapse): A grant of ILR will lapse if a person is outside the UK for a continuous period of two years or more.
    • Question 5 (Valid Application Correction): Before rejecting an invalid application, the Home Office should contact the applicant to allow opportunities to correct omissions or errors.

    OISC Level 1 Assessment - Section 2 - Scenario Based Questions

    • Scenario Summary: A client, Humphrey, seeks advice regarding his partner, Eduardo’s, ability to stay in the UK. Eduardo has a temporary work visa about to expire that will require an adjustment to remain in the UK.

    • Question 1 Letter of Advice: Humphrey requires advice on a visa application Eduardo will need in order to stay in the UK due to his immigration status.

    • Question 2 - Attendance Note: After receiving advice, Humphrey informs the advisor that Eduardo was previously married, but divorced, and does not want the Home Office to know this. The advisor, in an attendance note, explains that disclosure of this information is crucial in order to provide proper advice.

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    Description

    Test your knowledge on the latest UK immigration rules and regulations. This quiz covers topics such as Indefinite Leave to Remain, application procedures, and specific guidelines for caseworkers and applicants. Prepare yourself for scenarios and questions that reflect current practices.

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