2018 MG OISC Q and Answers PDF

**1. For a family to meet the "adequate maintenance" requirement as defined in the Immigration Rules, the level of income available to them must be the same as a family in receipt of income support after** \(g) Income tax and national insurance contributions and housing costs have been deducted fro...

**1. For a family to meet the "adequate maintenance" requirement as defined in the Immigration Rules, the level of income available to them must be the same as a family in receipt of income support after** \(g) Income tax and national insurance contributions and housing costs have been deducted from the sponsor's income. **2. The Immigration Act 1971, as a source of law, is:**\ ✅ (f) Primary legislation. **3. A person will not have a right to seek Administrative Review of an Entry Clearance Officer's decision to refuse an application under the:**\ ✅ (e) Visit visa rules. **4. Which of the following would not meet the rules for a Child applying to join a Settled Parent in the UK?**\ ✅ (g) The child's mother is applying to join their father (who has indefinite leave to remain) in the UK under the partner rules and can demonstrate a minimum income requirement of £22,400. **5. Who of the following will need to pay the Immigration Health Surcharge?**\ ✅ **(f) A person applying for Leave to Enter as a Tier 4 (General) Student.**\ *Explanation:* Most visa applicants staying in the UK for more than six months must pay the Immigration Health Surcharge (IHS), including Tier 4 (General) Students. However, fiancé(e) visa applicants and those applying for ILR are exempt. **6. Your client wants you to make an application under the partner rules. They are worried because their current leave as a Tier 4 (General) student expired 14 days ago; they had simply forgotten about it. How will you advise them?**\ ✅ (e) Explain to your client the HO will decide the application if they make it in the next **14 days and show there was a good reason beyond their control or their representative why the application could not have been made in time.**\ *Explanation:* Under paragraph 39E of the Immigration Rules, an overstayer has 14 days to apply if they provide a good reason for the delay beyond their control. **7. Who of the following will not need to take a TB test before applying to come to the UK?**\ ✅ **(e) An Algerian national applying to come to the UK as a standard visitor.**\ *Explanation:* TB tests are required for those applying to stay in the UK for more than six months from listed high-risk countries, including Algeria. However, short-term visitors (such as those on a Standard Visitor Visa) do not need to take a TB test. **8. On which form will you apply for Indefinite Leave to Remain as a Tier 2 (General) Migrant?**\ ✅ **(g) SET(O)**\ *Explanation:* The **SET(O) (Settlement -- Other)** form is used for applications for Indefinite Leave to Remain (ILR) by Tier 2 (General) migrants and other eligible work-based categories. **9. A person with a Fiancé(e) visa can apply for Leave to Remain under the Partner rules from within the U.K. This is because:**\ ✅ (e) The partner rules allow a person to apply for an extension of stay if they have entry clearance as a fiancé(e). *Explanation:* A person on a **Fiancé(e) visa** cannot work in the UK, but they can switch to a **Spouse Visa (FLR(M))** after marriage. The Immigration Rules allow fiancé(e) visa holders to apply for leave to remain under the partner rules once they are married. **10. A child born in the U.K (in 2007) can now apply to register as a British citizen if at the time of their birth:\ **✅ (h) Neither parent is British or settled, but the child has lived in the U.K until the age of 10.\ *Explanation:* Under Section 1(4) of the British Nationality Act 1981, a child born in the UK who has lived there continuously for 10 years can apply to register as a British citizen, even if their parents were not British or settled at birth. **11. Your client is an EEA national who has lived in the UK (without any absences) as a worker for six years. He would like to naturalise as a British citizen. How will you advise him?\ **✅ (e) He must first apply for a Permanent Residence document and then apply to naturalise a year after the date this document is granted.\ *Explanation:* Before Brexit, EEA nationals needed to obtain Permanent Residence (PR) before applying for naturalisation. After receiving PR, they had to wait one year before applying for British citizenship, unless they were married to a British citizen. **12. The Suitability requirements for Visitors are set out in:\ **✅ (g) Appendix V.\ *Explanation:* Appendix V of the Immigration Rules outlines the requirements for Visitor visas, including eligibility, suitability, and reasons for refusal. **Top of Form** **13. Your client, who is a British citizen, wants to sponsor his Indian partner to come to live with him in the U.K. Their son, who was born in India, is British. He lives with your client's partner in India and will be joining your client in the U.K. What will be the relevant minimum income requirement?\ **✅ (h) In your client\'s case, since their son is a British citizen, he is not considered a dependent for the purposes of the minimum income requirement. Therefore, your client only needs to meet the £29,000 income requirement for sponsoring their partner. Given this information, the correct answer is: \(e) Your client must have a minimum income requirement of at least £29,000. **14. Your client, who is an EEA national, has worked in the U.K for two years and has been made redundant from his job. He has registered with a job centre as available to work and is actively seeking employment. How will you advise him about his right to reside as a worker?\ **✅ If your client arrived **before 31 December 2020** and holds **pre-settled status under the EUSS**, they can continue residing in the UK while actively seeking employment. If they arrived **after 31 December 2020**, they must hold a valid **work visa** under the UK\'s **points-based immigration system**, and their right to stay depends on the visa conditions. They should check their visa terms, explore potential sponsorship opportunities, or seek legal advice to assess their options. **Retaining Worker Status After Redundancy** - Under the **2016 EEA Regulations (now obsolete)**, an EEA worker who lost their job involuntarily could retain their **worker status for six months** while actively seeking employment. - **However, this rule no longer applies under the 2025 immigration framework.** - Instead, EEA nationals who arrived **after Brexit** must hold a **valid work visa** and comply with its conditions. Their ability to remain in the UK after redundancy depends on: - The terms of their visa. - Any **grace periods** provided under the visa category. - Their ability to switch to a new visa category or find a new employer who can sponsor them. If your client needs to switch to a different visa after redundancy, the options available will depend on their individual circumstances, including their skills, qualifications, and employment prospects. Below are some potential visa types they could consider switching to under the UK\'s points-based immigration system: **1. Skilled Worker Visa** - **Eligibility:** If your client has a job offer from an approved UK employer for a skilled role that meets specific salary and skill requirements. - **Key Considerations:** The role must be listed in the eligible occupation codes, and the salary should meet the minimum threshold (usually £25,600 per year or the \"going rate\" for the occupation, whichever is higher). **2. Health and Care Worker Visa** - **Eligibility:** If your client has a job offer in an eligible health or care role (e.g., doctor, nurse, or care worker). - **Key Considerations:** This visa offers a lower application fee and is exempt from the Immigration Health Surcharge. **3. Global Talent Visa** - **Eligibility:** If your client has exceptional talent or promise in fields like science, technology, engineering, arts, or medicine. - **Key Considerations:** This visa requires endorsement by a recognized body, such as a research institute or professional association. **4. Intra-company Transfer Visa** - **Eligibility:** If your client works for a multinational company and has been offered a transfer to the UK branch. - **Key Considerations:** This requires the company to be an approved sponsor, and the job offer must meet salary and skill requirements. **5. Start-up Visa** - **Eligibility:** If your client intends to set up a business in the UK. - **Key Considerations:** They must have an endorsement from an approved UK organization, and the business idea must be innovative and scalable. **6. Innovator Visa** - **Eligibility:** If your client has an innovative business idea and access to at least £50,000 in funding (unless they have previously been endorsed for a Start-up Visa). - **Key Considerations:** This visa allows clients to set up a business in the UK but requires endorsement from an approved organization. **7. Temporary Worker Visa** - **Eligibility:** If your client seeks temporary employment in specific sectors such as creative, sports, charity, or religious roles. - **Key Considerations:** The job must meet the specific sector requirements, and the applicant must have a Certificate of Sponsorship from the employer. **15. Your client, a non-EEA national, has lived in the U.K for six years as a spouse of an EEA national in employment. She would like to document her right to permanent residence. She tells you she has previously spent a couple of months abroad. Where will you find the legal provisions to advise her on whether the continuity of her residence in the U.K has been broken?\ **✅ Under the UK\'s post-Brexit immigration system, the legal provisions for continuous residence for EU Settlement Scheme (EUSS) applicants are set out in the EUSS guidance. For your client, a non-EEA national, who has lived in the UK for six years as the spouse of an EEA national, the key factors to consider for documenting her right to permanent residence are outlined in the EUSS. According to the updated EUSS guidance (2025), continuous residence is defined as a period of five years (or more) spent lawfully in the UK, with certain absences allowed without breaking continuity. - Absences up to six months in any 12-month period do not break continuous residence. - A single absence of up to 12 months for an important reason (e.g., pregnancy, childbirth, serious illness, study, vocational training, or an overseas work assignment) is also allowed. Therefore, if your client has spent a couple of months abroad, this will typically not affect her continuous residence, provided the total duration of absences in any given 12-month period does not exceed six months. You should refer to the official EUSS guidance for further details on how absences are treated and confirm whether her absences fall within the permissible limits. To ensure the client documents her right to permanent residence under the EUSS, you may advise her to submit a request for a permanent residence status under the Scheme and provide evidence of her lawful residence and any absences that might be relevant**.** **16. There is no English language requirement for a person applying as a:** - \(h) Tier 5 (Temporary Worker) **17. A Tier 4 (General) applicant will not be granted entry clearance to study a below degree-level course in the U.K if they have been, since the age of 18, studying courses that did not consist of degree level study for:** - \(f) More than 5 years in the U.K. **17. A Tier 4 (General) applicant will not be granted entry clearance to study a below degree-level course in the U.K if they have been, since the age of 18, studying courses that did not consist of degree-level study for:** - \(f) More than 5 years in the U.K. **18. Your client is a non-EEA national living abroad. They want to apply for entry clearance to join their British partner in the U.K. They tell you they previously submitted fake bank statements with a Tier 4 (General) application. You will advise them that they will:** - \(f) Not be banned from re-entry, but their application may be refused under the general grounds for refusal. **19. A person's application for entry clearance under UK Ancestry rules will be refused if:** - \(c) They are 15 years old. Under UK Ancestry rules, applicants must be at least 17 years old to qualify for entry clearance, so a 15-year-old would not meet the age requirement. **20. A person, living outside the U.K, has a right of appeal against a decision to refuse them entry clearance. The time-limit for them to lodge an appeal to the Tribunal is** \(g) 28 days after they receive the notice of decision. 1. **What is Settled Status under the EU Settlement Scheme (EUSS)?** **Answer: Settled Status under the EUSS allows EU nationals who have continuously lived in the UK before 31 December 2020 to remain in the country permanently. It grants permanent residency rights, including the right to work, study, and access public services.** 2. **Am I eligible to apply for Settled Status under the EU Settlement Scheme?** **Answer: Yes, if you are an EU national who has lived in the UK for at least five continuous years before 31 December 2020, you are eligible to apply for Settled Status under the EU Settlement Scheme. Short absences (up to six months) during these years do not affect your eligibility.** 3. **How do I apply for Settled Status?** **Answer: You can apply for Settled Status online through the official EU Settlement Scheme website. The application process is free of charge, and you will need to provide documents to prove your identity, residence, and employment in the UK, as well as evidence of continuous residence.** 4. **What documents do I need to apply for Settled Status?** **Answer: To apply for Settled Status, you will need to submit:** - **A valid passport or national identity card.** - **Proof of continuous residence in the UK for the last five years, such as utility bills, bank statements, tenancy agreements, or NHS letters.** - **Documents related to your employment or studies in the UK, such as employment letters, wage slips, or enrolment letters from your educational institution.** 5. **Can I apply for Settled Status if I have been absent from the UK for a few months?** **Answer: Yes, you can still apply for Settled Status even if you have been absent from the UK for short periods. Absences of up to six months in any 12-month period are allowed and will not affect your eligibility for Settled Status. However, if you have been absent for more than six months during any 12-month period, you may need to explain your absence.** 6. **What happens if my child is born in the UK after I have Settled Status?** **Answer: If you have Settled Status and your child is born in the UK, your child will be a British citizen by birth under the British Nationality Act 1981. However, if the child is born outside the UK, they will not automatically be a British citizen unless one parent holds Settled Status or is a British citizen at the time of birth.** 7. **Can my spouse (Adele) apply for Settled Status?** **Answer: Yes, as your spouse, Adele is eligible to apply for Settled Status under the EU Settlement Scheme. She must demonstrate that you have been living together in the UK and that you are both a family unit. The application process for Adele is straightforward, and she will need to provide evidence of your ongoing relationship.** 8. **What documents does my spouse need to submit for her Settled Status application?** **Answer: Adele will need to submit:** - **A valid passport or national identity card.** - **A copy of your marriage certificate.** - **Evidence that you both have been living together in the UK, such as joint utility bills, bank statements, or tenancy agreements showing both names.** 9. **Will I have to pay the Immigration Health Surcharge (IHS) for my Settled Status application?** **Answer: The Immigration Health Surcharge is typically waived for applicants under the EU Settlement Scheme, so you will not need to pay this fee when applying for Settled Status. However, this may depend on your individual circumstances, so it\'s important to confirm during the application process.** 10. **What should I do if I need further assistance with my Settled Status application?** **Answer: If you need further assistance or clarification on any part of your Settled Status application, please don\'t hesitate to contact our office. We can guide you through the process, help with document preparation, and answer any questions you may have.** **Bottom of Form** Top of Form Bottom of Form