Tag Archives: office

Travelling without BRP

November 2016 –  The lack of clear published guidance on this particular problem has recently led us to approach the Home Office to seek clarification.

Below you will find verbatim extracts from their answers to our questions.

When asked about re-entering the UK without a BRP after the expiry of the temporary vignette, the Home Office stated: ‘The Border Force Officer (BFO) will undertake various mandatory checks including confirming the passenger’s nationality and identity as stated in a valid passport. The BFO, in absence of a BRP, can verify the immigration status of the passenger using the government database. It the officer is satisfied the passenger can be granted entry and the passport endorsed with an open date stamp and a manual annotation of the BRP’s unique number above the endorsement’…’the passenger will normally be encouraged to collect their BRP before travelling again’.

 Although this seems to indicate that travelling without BRP in these circumstances might be possible, in our experience most BFOs will strongly advise against it.

As airlines are not supposed to carry visa nationals without a valid visa, the guidance states that: ‘ visa nationals are likely to experience significant barriers to returning to the UK as carriers will be reluctant to provide carriage to an individual for whom they may be liable to a penalty. In the case of a isa national who arrives without their card or any other evidence of their continuing leve, unless there has been prior agreement by the port Border Force Higher officer or the Immigration Liaison Managers (ILM) for them to travel, carriers liability action must be considered.

If you need Immigration legal assistance, please do not hesitate to contact us.

 

Delays with issuance of BRP cards

November 2016 – Tier 2 Sponsors: How to deal with delays with Biometric Residence Permit issuance.

Under the current process, a sponsor worker coming to the UK for more than 6 months will normally be granted a temporary vignette of 30 days during which they are expected to enter the UK.  Upon entering the country, they will have 10 days to collect their Biometric Residence Permit  (BRP).

Over the last few months we have seen an increasing number of cases when sponsored workers have been unable to collect their BRP before the expiry of the temporary vignette.

This has been particularly problematic for sponsors as they find themselves unable to carry out the right to work checks and as a result run the risk of being found non-compliant with the risks that this entails.

The other issue that has stemmed from the delays is the difficulty, if not altogether the inability, a sponsored migrant faces when travelling out of the UK once their temporary vignette has expired.

The lack of published guidance on this particular issues has led us to approach the Home Office to seek clarification. Below you will find verbatim extracts from their answers to our questions.

Right to Work Checks

 With regard to the Right to Work Checks, we asked the Home Office what their position was when the temporary vignette had expired and the BRP card had yet to be manufactured.  Their answers read as follows:

‘If a migrant has entered the UK with a 30 day vignette but this has expired before their BRP has been manufactured, an employer will be able to establish the migrant’s continuing entitlement to work by contacting the Home Office employer checking service. An employer who holds a certificate of sponsorship in respect of a migrant who has been admitted to the UK with a 30 day vignette will know that production of a BRP is in train’.

When we enquired whether a sponsor should consider suspending an employee until the card is manufactured / ready for collection / delivered, the Home Office re-iterated:

‘ The sponsor has a responsibility to ensure the migrants they employ have the right to work in the UK. In a case in which the manufacture of a BRP has been delayed beyond the expiration of the 30 day vignette, the employer will be able to confirm that the migrant has a continuing right to work in the UK by contacting the employer checking service. An employer who has sponsored a Tier 2 migrant worker to enter the UK will have issued a certificate of sponsorship, will know that production of a BRP is underway and may not therefore need to contact the employer checking service’ 

We also asked what would happen during a PBS audit if a sponsor was unable to produce a copy of the BRP as the result of the manufacturing delays.  The Home Office referred to the caseworkers guidance, which states:

Employers must keep copies of passports and biometric residence permits for all sponsored migrants to comply with their record keeping duties as a sponsor’.

Unfortunately, the guidance does not deal specifically with occasions where production and delivery of a BRP is delayed. The Home Office have however indicated that they encourage pragmatism in their officers when conducting visits and collating and gathering evidence of compliance.  They further commented:

‘ where there has been a legitimate delay we would seek to seeking to obtain evidence of that delay, for example by the way of correspondence and to ensure that the sponsor has a recordable audit trail of the issue. This would then be followed up by the visiting officer post visit. Verification of leave status is fundamental and standard part of all of our visiting activity’.

In terms of the Immigration status of a migrant once the temporary vignette has expired, the Home Office confirmed that:

‘if production of a BRP has been delayed beyond the expiry of the vignette, the migrant still has the benefit of the full period of leave granted to them’.

For further information, please do not hesitate to contact us.

ILR Refusal due to Deception

March 2016 – The statement of changes of the Immigration Rules, which are due to come into effect on 6 April 2016, could bear bad news for those planning to extend their leave or apply for settlement under the family route.

Up to now, when considering the suitability of a FLR (M) / SET (M) applicant, the Home Office would have had to disregard previous ‘deception’ in line with S-LTR.2.2 / S-ILR.2.2.

With so many Tier 1 General ILR applications being refused on the grounds of deception due to discrepancies between earnings declared to the UKVI and earnings declared to the HMRC, we see many applicants choosing to vary their leave under the family route rather than taking the chance of getting their settlement application rejected.

Unfortunately under the amended rules this option may no longer be ‘bullet proof’.

Indeed S-LTR.4.1 and S-ILR.4.1 provide that an application may be refused on the ground of suitability if ‘the applicant has made false representation or failed to disclose any material fact for the purpose of obtaining a previous variation of leave, or in order to obtain a document from the Secretary of State or a third party, required in support of a previous variation of leave’ or ‘the applicant has made false representation or failed to disclose any material fact for the purpose of obtaining a document from the Secretary of State that indicates that he or se has right to reside in the UK …’

With the noose tightening, applicants who may have committed deception unknowingly- which will be the case for most Tier 1 General applicants whose tax declaration would have been made following the recommendations of their accountants without realising the potential repercussions, will find their immigration options limited even further.

 

 

May 2015 – Changes to BRP Police Registration and National Insurance Number

Biometric Residence Permits (BRP) have been issued to applicants to show a migrant’s leave to remain since 2012. Employers/Sponsors used BRP to check a migrant’s right to work and study in the UK. BRP also currently tells its holder whether they need to register with the police.

Following the changes implemented April 2015, the majority of migrants applying for leave to remain in the UK will no longer be told whether they need to register with the police via their BRP. Instead they will be sent a letter which they will need to take with them when registering with the police.

Those applying for leave to remain under the following categories will now have their National Insurance (NI) number included on their BRP:

Tier 2 (General);
Tier 2 (Sportsperson); and
Tier 2 (Minister of Religion).

The addition of the NI number should make it easier for employers to access employees’ tax and insurance details.

Registering with the Police

A migrant may need to register with the police when they visit the UK or if they are in the UK and switching to a new visa.
For those who have just arrived, they should be able to find out whether they need to register with the police by checking the content of their visa vignette. The visa of those who need to register should say ‘police registration within 7 days of arrival’ if you need to register.

Migrants can be fined £5,000 and jailed for 6 months if they fail to register when they were informed to do so. Registering late or failing to register will affect future visa applications.

When does a migrant need to register?

A migrant needs to register with the police if:

their visa is for longer than 6 months
they are 16 or older
they are in the UK and switching to a visa which requires them to register
they are from one of the countries in the following list:

Afghanistan, Algeria, Argentina, Armenia, Azerbaijan, Bahrain, Belarus, Bolivia, Brazil, China, Colombia, Cuba, Egypt, Georgia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Libya, Moldova, Morocco, North Korea, Oman, Palestine, Peru, Qatar, Russia, Saudi Arabia, Sudan, Syria, Tajikistan, Tunisia, Turkey, Turkmenistan, United Arab Emirates, Ukraine, Uzbekistan, Yemen.

Exemptions

Migrants do not need to register with the police if they have permission to live permanently in the UK (ie have ILR / settlement status), or are a family member of an EEA citizen exercising their treaty rights in the UK.

Migrants will also be exempt if they are visiting the UK on a temporary visa:

as a seasonal agricultural worker
as a private servant in a diplomatic household
as a minister of religion, missionary or member of a religious order
because they are married to or in a civil partnership with a person settled in the UK (ie someone with indefinite leave to remain / settlement in the UK),
or the unmarried or same-sex partner of a settled person (ie someone with indefinite leave to remain / settlement in the UK)
as a person with access rights to a child resident in the UK
as the parent of a child at school, after they have been given asylum

How to register with the police?

If the migrant lives in the area of London covered by the Metropolitan Police, they must register at Overseas Visitors Records Office.

Overseas Visitors Records Office (OVRO)
323 Borough High Street
London
SE1 1JL

Telephone: 020 7230 1208

Migrants living outside London will need to contact their local police station

What are the fees for registering with the Police as a non EEA migrant?

The registration fees are currently £34 and can be paid at the police station on the day of registration.
Documents you must provide

What are the supporting documentation to submit when registering with the Police as a non EEA migrant?

The following documents will be required:
original passport,
2 passport size colour photographs
biometric residence permit (BRP) if applicable
details of course and place of study if the migrant is a student

Migrants may need to provide additional documents depending on their status and the police force with which they are registering with.

What information will be recorded when registering with the Police as a non EEA migrant?

As part of the registration the police will record the following information:

full name
gender
marital status
date and country of birth
nationality
address in the UK
address outside the UK
the date, place of arrival in the UK and the manner of arrival (ie by plane, ferry, train..etc)
passport details
visa length, permission (ie to work) and restrictions (ie no recourse to public funds)
whether studying or working.

What change of circumstances need to be reported to the police as part of the ongoing police registration?

Migrant must tell the police if any of the information they have given during registration has changed.

They will be able to do this by visiting the police station where they initially registered.

They may need to register again if they relocate somewhere else in the UK.

Further information on police registration can be found on the police registration page of the UKVI – Home Office website.

April 2015 – UK Visa Vignette and Biometric Residence Permit / BRP – The 16 most frequently asked questions

1) When will I get my biometric residence permit (BRP)? Before or after I travel to the United Kingdom?

You will be able to collect your BRP when you get to the United Kingdom.

2) How do I enter the United Kingdom without my biometric residence permit (BRP)?

If your visa application is approved, your passport will be endorsed with a vignette valid for 30 days from the date of travel you stated as your anticipated date of travel on your visa application form.

The vignette is evidence that you are permitted to enter the United Kingdom.  If you do not travel to the United Kingdom within the validity of your visa (i.e. 30 days), you will need to apply for another visa. There will be a fee payable for this service.

Together with the vignette you should also be issued with a decision letter, which will tell you where you should go to collect your BRP.

The details of your leave (i.e. authorisation to work) will be stated on your BRP.

3) How to I obtain my biometric residence permit (BRP)?

You must pick up your BRP within 10 days of entering the United Kingdom from the Post Office branch stated on your decision letter. If you do not collect your BRP within the given time frame you could be subject to a financial penalty or your leave may be cancelled.

The Home Office / UKVI will allocate a specific Post Office branch relying on the address entered on your visa application.

You should not book any travel arrangement before you have collected your BRP.

4) What do I need to collect my biometric residence permit from the Post Office?

The decision letter which you will get with your visa vignette will tell you the date from which your BRP will be ready for collection as well as the address of the branch holding your BRP. The date and the address are both based on the information you entered on your visa application form.

There is no need to make an appointment to collect your BRP.

When you visit the Post Office to collect your BRP, you must bring with you the passport in which your visa vignette has been endorsed along with your decision letter. The letter will help the Post Office staff locating your BRP. If you forget to bring your passport, you will not be able to collect your BRP.

5) I have lost my decision letter and I am not sure which Post Office branch I should collect my biometric residence permit from, what do I do?

You must send an email to BRPCollection@homeoffice.gsi.gov.uk stating: – your full name, date of birth, nationality, passport number, contact telephone number and case reference number (if known).

6) Could I collect my biometric residence permit from a different Post Office branch to the one stated in my decision letter?

Yes you could. You will have to visit the Post Office branch from which you wish to collect, and ask their staff for your BRP to be re-directed. There will be a fee payable for every permit, which are re-directed. Please note that not all Post Office branches offer the re-direction service.

7) I have lost my passport after arriving in the United Kingdom but before collecting my biometric residence permit. What should I do?

You must send an email to BRPCollection@homeoffice.gsi.gov.uk stating: – your full name; date of birth; nationality; your United Kingdom residential address; passport number; details on how your passport was lost; the date the loss was reported to the Police; a contact telephone number and your case reference number.

The Home Office / UKVI should contact you within 5 working days from receipt of your email.

You should not try to collect your BRP until you have been told to do so by the Home Office / UKVI.

8) Could I send someone else to collect my biometric residence permit on my behalf?

This is only possible if:

–       you have a serious illness or disability that stops you from picking up your BRP; or

–       you are under 18 and cannot collect your permit at the same time as your parent or legal guardian collect theirs.

The person collecting on your behalf will need to provide your passport and evidence of their own ID such as their passport, United Kingdom issued driving licence, European national identity card, United Kingdom issued biometric residence permit.

To be able to send a third party to collect your BRP you will have to send an email to:

3PartyCollection@homeoffice.gsi.gov.uk stating the following: your full name; your date of birth; your nationality; your passport number; the reason as to why you need someone to collect on your behalf; a contact telephone number; your case reference number; and your vignette reference number, which is to be found on the top right hand corner of your visa.

You will also have to provide the person collecting’s details: their full name; date of birth; nationality; the type of document they will present to confirm their ID; the ID document’s reference number; the ID document’s expiry date and the person’s email address.

If the Home Office / UKVI agree to a third party collecting on your behalf, the person you have nominated to collect your BRP will get an authorisation email. They will need to present the said email to the Post Office staff when collecting your BRP.

9) My spouse is the main applicant.  He has already started work and cannot take the time off to collect his BRP.  Could I collect all my accompanying family’s BRPs on my family members” behalves?

Yes ,as long as you have travelled to the United Kingdom together as a family group and you are an adult, you should be able to collect the BRPs on behalf of all your family members.

You need to make sure that the link to the main applicant is shown on all the vignette, for example:  ‘dependant of Jim Smith’.

The adult collecting the cards will have to provide the family group’s passports (endorsed with valid UK temporary vignette).

10) Can I start my employment before collecting my BRP?

If you are allowed to work in the United Kingdom, the Home Office / UKVI strongly advise you to collect your BRP before you start work. Having said that if you need to start work before collecting your BRP, you should be able to demonstrate your ‘right to work’ by presenting your temporary vignette visa in your passport to your employer as long as the visa has not expired. Once your vignette visa has expired you will not be able to carry on working until you are able to present your original BRP to your employer/sponsor.

11) Should I carry my BRP with me when I travel outside the UK?

Yes you must carry you BRP with you as you will need to present it at the Immigration desk at the port of entry. The Immigration Office will expect to see your BRP along with your valid passport each time you re-enter the United Kingdom during the validity of your full leave.

Although your BRP is in itself evidence that you are allowed to re-enter the United Kingdom, it does not replace your passport or travel document when traveling to the United Kingdom or any other European countries.

12) I have lost my biometric residence permit, what should I do?

If your biometric residence permit is lost or stolen, you must report the loss or theft to Home Office / UKVI as soon as possible by sending an email to BRPLost@homeoffice.gsi.gov.uk

You will be required to provide the following details: – full name; – date of birth; – nationality; – passport number; – contact details;- BRP reference number;- case reference number; and – when, where and how the loss or theft occurred.

You must also report the loss or theft to the police. You will need to obtain a police report and a crime reference number.

If your BRP is lost or stolen while you are in the United Kingdom, you will have to apply for another permit within 3 months of reporting the loss or theft of your initial biometric permit, using the form BRP (RC).

If your permit is lost or stolen while you are outside the United Kingdom, you will have to apply for a Replacement BRP visa before returning to the United Kingdom. After that you will have to apply for a new biometric residence permit within a month of re-entering the United Kingdom. If you fail to apply for a replacement permit, you may have to pay a financial penalty of up to £1,000, or the Home Office / UKVI may shorten your permission to stay.

13) Can I change my personal details on my biometric residence permit?

BRP holders must inform the UKVI as soon as possible when there a change of name, gender, nationality, significant facial appearance.

So if any of your personal details listed above or shown on your biometric residence permit have changed, you must apply for a new permit within three months of the change, using application form for no time limit (NTL) for those with indefinite leave to remain/permanent residency or an application for transfer of condition (TOC) for those with limited leave to remain.  If you fail to do this, you could have to pay a financial penalty of up to £1,000 or the Home Office / UKVI may shorten your permission to stay.

14) I am in the UK as a Tier 2 sponsored worker and I have now lost my job/ I am in the UK as a Tier 4 student and I have just changed my course.  Should I inform the Home Office / UKVI?

If your circumstances change you must inform the UKVI immediately.

This applies if you no longer qualify to remain in the United Kingdom under the Immigration Rules that were in place when the Home Office / UKVI gave you permission to stay in the United Kingdom (for example you are no longer working for your Tier 2 sponsor or if you are a Tier 4 student you have changed your course and/or education provider /sponsor or you are no longer studying).

You must tell the UKVI of any changes to your circumstances, by completing a Migrant Change of Circumstances (MCC) form.

15) The information on my biometric residence permit is not correct / Someone else might be been using my permit / My permit is damaged / My permit is faulty. What should I do?

You must inform the Home Office / UKVI immediately by sending them an email at: BRPError@homeoffice.gsi.gov.uk

You will have to provide them with: your full name; date of birth; nationality; passport number; a contact telephone number; BRP reference number; case reference number; and details of what has happened to your BRP (for example the Immigration Officer was unable to scan your BRP when you last entered the United Kingdom – your BRP is probably faulty)

16) I am an employer/sponsor, how does the introduction of biometric residence permits will affect what I do in terms of the right to work checks?

The introduction of the BRP for both in and out of country applicants, has led the UKVI to produce very detailed guidance, highlighting the level of inspection expected from employers/sponsors when checking the BRP’s validity.

The guidance state that when you are presented with a BRP you should: – look at the permit carefully and ask yourself if you think it has been tampered with; – check the permit number (it should start with two letters followed by seven numbers); – check the holder’s image to ensure that it matches the migrant; – check the ‘tactile feature’ to make sure that you can feel the raised design at the back; – feel the permit (it should not be bent or folded and should feel thicker than a photocard driving licence); – check the biographical details to ensure that they match that of the migrant; – check the migrant’s immigration conditions on both the front and the back of the permit.

If having carried out these checks you are still concern that the card may not be genuine, you should check whether the BRP presented to you is valid by visiting the Home Office / UKVI’s online ‘right to work’ checking service. This is can be accessed  at: https://www.gov.uk/check-biometric-residence-permit

To file a request for the ‘right to work’ check you will need to provide the UKVI with the following information:

– the name of the person making the check,

– the name of the organisation or business making the check,

– the email address of the organisation or business making the ‘right to work’ check to which the Home Office / UKVI’s response will be sent. If the organisation or business does not have a dedicated email account, you should give the Home Office / UKVI the most appropriate email address,

– the contact telephone number of the organisation or business making the check. If the organisation or business does not have a dedicated telephone number, you should give the Home Office / UKVI the most appropriate personal telephone number,

– the biometric residence permit card number,

– the name as it appears on the card (if there is only one name, put it in the top box),

– the date of birth as it appears on the rear of the card.

The Home Office / UKVI should return all checks within 6 working hours (08:00- 17:00, Monday to Friday, except bank holidays).

Once the check has been completed, the Home Office / UKVI should send you a certificate to the email address you gave them. This certificate will confirm if the biometric residence permit is valid and give you the ‘right to work’ status of the person. You should keep this confirmation as part of your compliance documents.

A sponsored migrant can start work before collecting their BRP as long as they are able to prove their right to work in the United Kingdom by presenting you with their short validity vignette visa duly endorsed in their passport. A right to work check can be carried out on the basis of the vignette. You must, however, ensure that you conduct another right to work check on the basis of the migrant’s BRP, once the vignette in the passport has expired (at the latest).

For further information on any of the above, please do not hesitate to email us your queries.

April 2015 – NHS surcharge for applicants both inside and outside the UK

The government is set to recoup up to £1.7 billion over the next ten years to help pay for the cost of NHS treatment given to temporary migrants.

The Legislation that came into effect on 6 April means that going forward nationals from outside the European Economic Area (EEA) coming to the UK for longer than six months will be required to pay a ‘health surcharge’ when they make their immigration application.  This surcharge must also be paid by non-EEA nationals already in the UK, who are applying to extend their stay. The surcharge does not apply to Tier 2 Intra-company transferees, Nationals of Australian and New Zealand – below is a detailed list of all exemptions .

The health surcharge is £150 per year for students and £200 per year for all other migrants to whom the surcharge applies. It is payable upfront and for the total period of time for which migrants are given permission to stay in the UK.

So who is to pay the NHS surcharge?

Considering that a migrant worker coming to the UK for 5 years with 2 dependants, is liable for a charge of £3000, which comes on top of the actual visa fees of £3384, the surcharge will act as a very strong deterrent on most migrants. Sponsors are very likely to have to have to pick up the bill which in most occasions will double their HR immigration budget. As the NHS surcharge is non refundable, sponsors may consider including a claw back clause in the migrant’s contract.

Many of our clients have already commented that Tier 2 migrants contribute to the UK economy through taxation. Bearing in mind that they are subject to NI contributions, with this surcharge they will end up paying for the service twice. The Home Office’s response to this is: ‘the intended effect of the surcharge is that a person’s access to healthcare should be in line with their immigration status in the UK. Temporary migrants have not built up the long term contribution to the UK that a British Citizen will have built up and will build up over the course of their lifetime.’

Who is exempt from paying the surcharge?

A summary of exemptions is listed below.

Visitors, and where the grant of entry clearance (permission to stay in the UK) is for 6 months or less.

Intra company transfers (Tier 2 skilled workers).

Children under 18 years taken into care or in the care of a local authority.

Migrants making an application for asylum, humanitarian protection, or a claim that their removal from the United Kingdom would be contrary to article 3 of the European Convention on Human Rights.

Victims of human trafficking.

A migrant who applies under the Home Office concession known as the ‘destitute domestic violence concession’.

Dependents of a member of Her Majesty’s Forces.

As a dependant of a member of another country’s Forces who is exempt from Immigration Control.

Those making an immigration application related to an EU obligation, such as an application under the Turkish European Communities Association Agreement, are exempt.

Nationals of Australia or New Zealand.

A British Overseas Territory citizen who is the resident of the Falkland Islands.

What about the tourists, do they have to pay the health surcharge too?

No, Tourists travelling on a visitor visa [or EEA nationals] are not be liable for the surcharge. In fact from April 2015 those entering the UK on a visitor visa will be charged 150% of the cost of any medical treatment they receive from the NHS.

Please do not hesitate to contact us if you have any questions on any of the above.

June 2013 – Indefinite Leave to Remain – the 15 most frequently asked questions

Whether you are trying to figure out how to count your days out of the country, or are ensure as to when your 5 year qualifying period starts, our Q&A ILR should address most of your queries.

Q1 – When does my indefinite leave to remain (ILR / settlement) qualifying period start?

If you switch into a qualifying category within the UK, the qualifying period starts on the day your leave was extended. If you obtained entry clearance abroad, the qualifying period start on the day you entered the UK or the day you were granted your visa providing you entered the UK within 3 months of your visa being endorsed in your passport.

So for instance if you delayed your entry to the UK by 2 months, the UKBA will count the time between you being granted entry clearance and coming to the UK towards the continuous period for ILR.

 

Q2 – What is the earliest day I can apply for ILR?

No more than 28 days before the 5th anniversary (4th for HSMP issued before 3rd April 06) of your date of arrival / date your visa or leave was endorsed in your passport.

One can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement. In all cases, one must apply for ILR or for another visa before expiry of current visa.

 

Q3 – My current leave expires before I complete the qualifying residential period. Can I apply for ILR?

You must apply for ILR before your current leave expires.

 

Q4 – Who is covered by HSMP Judicial Review?

HSMP filed before 07-Nov-06.

 

Q5 – I qualify under the HSMP Judicial Review. How does this affect my application for indefinite leave to remain?

1. You do not have to me the point based criteria;

2. Your dependant(s) are exempt from the “(2 year) qualifying residential period” requirement;

3. You (and dependant(s), if any) do not have to take and pass the Life in the UK test.

4. You (and dependant(s), if any) are exempt from new criminality threshold requirement.

 

Q6 – What is the minimum salary requirements to qualify for indefinite leave to remain?

It will depends on the category you are applying under. Tier 2 migrants must be paid in line with the relevant codes of practice. Tier 1 General migrants must rely on their earnings over a period of 12 months within the 15 months immediately preceding the filing of their application.  How much earnings will be required will depend on the date of your initial application.

 

Q7 – I am a Work Permit holder / Tier 2 migrant. How do I show that my salary is in line with the relevant code of practice?

In addition to a letter of support from your employer, you must provide at least one pay-slip and a corroborating bank statement showing your salary.

 

Q8 – I am presently a Tier 2 (ICT) migrant. Am I eligible for settlement after having lived and worked in the UK for the required qualifying residential period?

If you entered UK as a WP holder (Intra Company Transferee) and switched to Tier 2 (ICT) at any time, or you applied for Tier 2 (ICT) before 06-Apr-2010, then you are eligible for settlement under current legislation.

 

Q9 – Will my spouse / partner qualify with me for ILR?

It will depend on when and under which category they filed their initial application.

If the initial application for leave as a dependant was made before 09-Jul-12:

Spouse / partner must be in the UK as “dependant” on the date of the settlement application to be included as a dependant.

For Work Permit holders (pre-PBS) and HSMP Judicial Review migrants covered by HSMP Judicial Review case, all dependants will qualify for ILR along with main applicant irrespective of length of stay in UK and can apply for settlement simultaneously.

For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with the main applicant in the UK for at least 2 years as their dependant (as a spouse, civil partner or de facto).

If the initial application for leave as a PBS dependant was made after 08-Jul-12:

The PBS dependant will be eligible for settlement only after completing “5 year probationary period as a dependant of the principal migrant”.

 

Q10 – Do I require P60s for the 5 year period?

P60s are a very reliable source when it comes to demonstrating 5 years of continuous employment and level of earnings. If you no longer have your original P60s you may want to contact the HMRC to obtain duplicates. Payslips may be used as an alternative.

 

Q11 – Do I need employer letter from my current employer?

For Tier 2 and WP holder, the letter is mandatory. It must be drafted so that it contains all the information required by the guidance.

For HSMP / Tier 1 (General) visa holders, albeit not compulsory the letter can only help.

 

Q12 – Absences during the 5 year qualifying period – how many days can I spend abroad? How do I calculate the number of days spent abroad?

Maximum allowable days out of UK used to be a total 180 days over 5 years and not more than 90 days in a single trip.

Under the new rules, applicants are allowed up to 180 days for every 12 months of the 5 year qualifying period.

On the face of it, these new rules appear to be much more generous than what was allowed under the previous rules. However it is important to note that each absence will now have to be justified. This may be problematic, especially when an applicant has had several previous employers, some of which may no longer be trading or may no longer have record of the applicant’s absences.

Those who were initially work permit holders but who are now applying for settlement as Tier 1 (General) migrant, also need to provide evidence of their work related absences in both categories of leave.

As it stands only the main applicant has to declare his/her absences.

When counting the days spent out of the UK, ignore the days spent travelling in and out of the country (ie if you went to Madrid on Monday 1st of June and returned on Tuesday 2nd of June, you will have spent Zero day out of the UK).

Any absence from the UK which has exceeded the 180 day limit over one of more of the 12 consecutive month periods will constitute a break of the continuous period. There is no discretion applied to any absences exceeding 180 days in any consecutive 12 month period of the continuous period, even if they are as the results of prolonged business trips or internships.

Q13 – What documentary evidence(s) should I use to prove cohabitation?

Unfortunately the SET (O) form and guidance do not provide a list of acceptable documentation or give any indication as to how many documents should be submitted.

The FLR (M) and SET (M) forms both contain a section listing the documentary evidence accepted by the UKBA as proof of cohabitation.

 

Q14 – When can I sit my Life in UK test?

Life in the UK test can be taken at any time prior to applying for ILR.  It is granted for life (i.e. it does not expire)

However please bear in mind that you will need to allow for at least 2 working days between taking the test and filing at the PEO in person.

 

Q15 – Does a premium appointment at PEO guarantee same day service?

Although the vast majority of cases are decided on the same day, it is not guaranteed that your application will be case-worked on the day of the appointment.

There may be delays as the result of IT problems at the PEO in which case you may be asked to attend again.

If the caseworker is of the opinion that further checks need to be carried out before a decision can be reached your case will be referred. In these circumstances the process could either take a few weeks or in the worst case scenario as long as a postal application.

If you need further information on how to apply for indefinite leave to remain in the UK, or assistance with  the filing of your settlement application via the PEO premium, please contact us. TIMING: For your information to secure a representative premium appointment at the PEO we need 6 to 7 week notice.

EEA Premium Service Centre Appointments

Urgent Home Office appointments for EEA / Croatian applicants – Registration Certificate – Yellow, Purple and Blue certificate for Croatian nationals.

Biometric premium appointments can be obtained by an applicant via  the UKVI’s website. If you are unable to secure a premium appointment, we may be able to assist. Our fees to secure an appointment on your behalf is £250 per person plus disbursements (mainly the UKVI’s fees), if applicable. As the Home Office only release 7 EEA premium appointments per day, EEA appointments are often extremely scarce. Accordingly you will need to be willing to attend any appointment we manage to secure on your behalf as cancelling is not an option.

We would advise you to please only consider using this service where you are certain that you will be able to keep to the appointment allocated.

Family/multiple slots are extremely rare, accordingly clients are advised to contact us as early as possible to avoid disappointment.

Securing an appointment is only part of the service we offer. Additional costs will occur if  you need Immigration Legal advice as well.