UK Immigration Rules Quiz

OISC Level 1 Assessment - February 2021

• Section 1: Multiple Choice Questions
  • Exam duration: 1 hour and 15 minutes
  • Open-book exam
  • Materials allowed: OISC exam resource book, published texts, and personal notes.
  • One correct answer per question.
  • Maximum of one mark per question.
  • Answers to be recorded in the answer book grid, not on the question paper.

Immigration Rules

• Also known as Modernized Guidance, HC 395, Statement of Changes, or Borders, Citizenship and Immigration Act 2009
• Key fact: different names used for the same set of rules

Immigration (European Economic Area) Regulations 2016

• Relevant to PR assistant's entry clearance
• Used to determine eligibility for German national wanting to work as a PR assistant
• Key fact : this document is referred to when determining an applicant's eligibility for entry clearance.

Immigration Act 1971

• Relevant to PR assistant's entry clearance
• Used to determine eligibility for German national wanting to work as a PR assistant
• Key fact : this document is referred to when determining an applicant's eligibility for entry clearance.

English Language Requirements for Start-up Route

• Level B2 is required
• Key fact: different required English proficiency levels for entry.

Study Requirement for Non-EEA Nationals

• Confirmation of Acceptance for Studies (CAS) is required
• Certificate of Sponsorship (CoS) is required
• Approved qualification is required
• Place of study requirement is required
• Key fact: these requirements are needed to score points for entry clearance to study.

Tier 4 Student Route to Skilled Worker Route Financial Requirement

• £2046
• Key fact: different amounts of money needed depending on a student's change in status.

Ancestry Rules Financial Requirement

• The client must have sufficient funds to cover all reasonable expenses without working or accessing public funds (for a Nigerian national aged 30)
• Key fact : there are different financial requirements depending on the immigration route.

Continuity of Residence Requirement

• For Non-EEA nationals, they will need to meet continuity of residence requirements, found in Appendix Continuous Residence, Section 10, Immigration and Asylum Act 1999, or Paragraph 276A, Immigration Rules
• Key fact: how long the applicant has lived legally in the UK is verified.

General Grounds of Refusal for Adult Dependent Relatives

• Paragraph 9.82(a) and (c) of the general grounds of refusal in Part 9 of the Rules
• Key fact : more detailed specification to avoid potential entry refusals.

Partner Rules and Leave Extension

• The Client has expired leave for the partner route
• Must provide a good reason beyond their control as to why the application could not be made in time to extend leave.
• The applicant must make an application within 14 days of the expiration date.

Joining Spouse or Partner Financial Requirements

• £16,000 to £22,250
• Key fact: different minimum savings amounts are needed by the client to meet the financial requirements, depending on the circumstances of the applicant.

English Language Requirements for Partner Visa Applicants

• Jamaican applicants who do not have a degree and have not sat a language test must meet english language requirement in speaking and listening at a minimum of level A2 of the CEFR (Common European Framework of Reference).
• Key fact: different language proficiency levels can be needed depending of the applicant's qualifications.

EEA Nationals and Pre-settled/Settled Status.

• EEA Nationals can continue their residency if they had been continuously residing and working in the UK for 5 years after 31 December 2020, as long as they apply for Pre-settled Status to Stay or Settled Status to Remain
• Key fact: EEA nationals may have various avenues for continued residency

Pre-settled status refusal

• The applicant cannot appeal or seek administrative review.
• The applicant must reapply ensuring that the reasons for the refusal are addressed.
• Key fact: the reasons why a request was refused must be considered when reapplying.

Naturalisation for Parent of a Child.

• Can apply for naturalisation within 1 year of obtaining indefinite leave to enter as a parent of a child.
• Key Fact: different timeframes needed to apply for various forms of status.

Children Born in 2018.

• A child born in the UK must have one parent who is settled, with a document certifying their permanent residency, in order to register as a British citizen.

Returning to the UK with Indefinite Leave to Remain.

• Needs to apply for indefinite leave to enter if the application has been discontinued.
• Key fact: the applicant has to follow this route to achieve desired immigration results.

TB Test for Entry Clearance Requirements

• A US national residing in Nepal seeking a skilled worker approval, and Bangladeshi citizen residing in the USA wanting a partner visa approval, likely requires a TB test certificate.

Pakistan National child sponsorship.

• The client is responsible for ensuring that the child's circumstances make exclusion of the child undesirable
• Key fact: to successfully sponsor a child, the client needs to show that there are serious and compelling reasons.

Knowledge of English and Life Requirements

• Requirements are listed in Appendix KOLL UK, Appendix FM-SE, the Nationality, Immigration, and Asylum Act 2002, and Appendix KOLL.

Section 2: Scenario-Based Questions

• Exam duration: 1 hour and 15 minutes
• Consists of scenario-based questions
• Maximum marks: 31 marks
• Use of plain English required for answers.

Vivaan´s Case Details

• Sri Lankan National, aged 55

• Lives alone in Colombo, Sri Lanka

• Wife recently passed away

• Main income from grocery store and rental income

• Daughter Sachini lives in the UK

• Wants to visit the UK for 3 weeks to attend Sachini's wedding

• Two years prior, visited the UK with wife for holiday

• Sufficient funds to finance trip

• Key Facts: Provides the essential background for the scenario-based question about Vivaan.