Immigration
- Spouse / Child Visa (Appendix FM)
- Tier 4 Student Visa
- Appendix Graduate Visa
- Youth Mobility Scheme Visa
- Human Rights Claims
- India Young Professionals Scheme Visa
- Naturalisation As British Citizen / Registration As British Citizen As A Child
- Standard Visitor Visa
- Post-conviction Removal / Deportation Cases / Bail
- Administrative Reviews, Appeals & Judicial Reviews
- Secondment Worker Visa
- Senior or Specialist Worker Visa
- UK Expansion Worker Visa
- Graduate Trainee Visa
- Employer Sponsor Licence
- Sponsor Licence Duties & Compliance
- Appeals Against Civil Penalty
- Sponsor Licence Suspension & Revocation
- Skilled Worker & Intra-company Visa
- Tier 2 Minister Of Religion / Tier 5 Religious Workers
Applicant must meet Mandatory four requirements in order to qualify for Spouse/child of a person (Sponsor) who is a person present and settled in the UK or a British Citizen.
Subsisting and Genuine relationship:
Applicant is required to prove with the supporting documents that the marriage or civil partnership is recognized in the UK and relationship is genuine and subsisting and intend to live together in the UK.
Financial requirements:
Meet a minimum income requirement either from income or savings unless you are exempt due to disability. This requirement can be met by way of showing sponsor’s earnings through employment, self-employment/director earnings, Sponsor returning to the UK with the applicant, non-employment income (rental, dividends, interest, maternity allowance, stipends, insurance, and royalty payments), pension, cash savings or if the sponsor is in receipt of specified state benefits. The sponsor must show that their Spouse can be financially supported by gross annual earnings of £18,600. For the first child, the additional gross income must be £3,800. It is £2,400 for any additional child.
Spouse with no children – £18,600
1 child in addition to the Spouse – £22,400
2 children in addition to the Spouse – £24,800
3 children in addition to the Spouse– £27,200
English Language requirements:
Meet the English language requirement unless applicant is from a majority English-speaking country. A pass certificate for CEFR Level A1 or by submitting a university degree taught in English and the same is recognized by Ecctis (formerly known as UN NARIC).
Adequate accommodation requirements:
Applicant is required to show the place of accommodation where they will live together as a family in the UK. This is in order to ensure the proposed accommodation is not overcrowded and to ensure the accommodation is in line with the UK housing legislation.
We have extensive experience in handling all immigration matters. To discuss about your Spouse / Child Visa (Appendix FM) application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
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Eligibility
You can apply for a student visa to study in the UK if you’re 16 or over (evidence of parent’s consent required for16 & 17) and you:
have been offered a place (Confirmation of Acceptance for Studies – CAS) on a course by a licensed institution / student sponsor
have sufficient funds to support yourself along with your dependent and to pay for your course fee
should be able to speak, read, write, and understand English
If you’re 16 or 17 and you want to study at an independent school in the UK, you may be eligible for a Child Student visa instead.
Course requirements
Full-time course (below degree level) – RQF level 3, 4 or 5
Full-time course (at degree level or above) RQF level 6, 7 or 8
Full-time course (at degree level or above) RQF level 6, 7 or 8, which is equivalent to a UK higher education course, and will be delivered as part of an overseas course
Part-time course (above degree level) RQF level 7 or above
Recognized foundation programmed for postgraduate doctors or dentists
English language course (CEFR level of B2)
The financial requirements
Student will need to provide evidence of your financial means in order to be eligible to study in the UK. You will need to show that you have enough money to support yourself in the UK. Applicant must have this money in the bank account for at least 28 consecutive days. The end date of the 28-day period must be within 31 days of the date you apply for your visa.
courses based in London – £1,334 per month for up to 9 months
courses based outside London £1,023 per month for up to 9 months
£2,668 per month for the Doctorate Extension Scheme if based in London
£2,046 per month for courses outside London if based outside London
You do not need to prove the financial requirement if you have had a UK visa for 12 months prior to the date of your student visa application – you must currently be in the UK, if you are applying as a student union sabbatical office or if you are applying as a postgraduate doctor or dentist on a recognized foundation programme.
We have extensive experience in handling all immigration matters. To discuss about your Tier 4 Student Visa application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
Student who is already in the UK can be benefited out of this route. Following successful completion of an eligible course of study at UK bachelor’s degree-level or above, a student can work, or look for work in the country under the new Graduate Visa route for up to two years to live, work and look for work. PhD graduates will be able to do so for up to three years.
Students required to have successfully completed the intended course of study for which they have been or will be awarded a UK bachelor’s degree, a UK postgraduate degree, or a relevant UK qualification listed at GR 5.2. Students could meet the requirement if they have successfully completed a listed relevant qualification, or a professional course requiring study at UK bachelor’s degree level or above in a profession with reserved activities that is regulated by UK law or UK public authority. The study must have been with a higher education provider with a track record of compliance.
We have extensive experience in handling all immigration matters. To discuss your visa application under Appendix Graduate route with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
Appendix Graduate dependent
Dependents who already have leave as a dependent of a student who is applying on this route can also apply to extend their permission as a dependent on Appendix Graduate route; other types of dependents are not permitted on this route.
We have extensive experience in handling all immigration matters. To discuss about your Appendix Graduate Visa application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
This is a new scheme under the Migration and Mobility Partnership agreement between the UK and India, which would start accepting applications once the date is announced by the UK Home office. India has been added as the 10th country, listed in appendix under the Youth mobility scheme.
There are no requirements for endorsements as such under this scheme. The highlight is you do not require any job offer to apply for entry clearance under this route. There is a financial requirement of having £2530.00 in your account for 28 days to show that you can support yourself in the UK and must be aged under 30.
This visa is also for 2 years (time spent not leading to permanent settlement as same as start-up visa) and does welcome start up entrepreneurs to the UK.
We have extensive experience in handling all immigration matters. To discuss your visa application under the Youth Mobility Scheme with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
We have extensive experience in handling all immigration matters. To discuss about your Youth Mobility Scheme Visa application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
It is unlawful under the Human Rights Act 1998 for any public authority, including the Home Office (UK Visas & Immigration) and its immigration officers to act in a way that is inconsistent with the rights set out within the European Convention on Human Rights (ECHR).
ECHR extends to every person within the United Kingdom and to those under the authority and control of the UK immigration authorities with full protection. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law.
An applicant can apply for further leave to remain in the UK on the basis of an established life in the UK. Human Rights claim can be claimed by way of submitting applications to Home Office with supporting documents on the basis of right to family life and/or private life in the UK if it can be proved that the applicant has spent at least majority of his life living continuously in the UK.
The family (as a partner and child), private life and other exceptional circumstances are covered under Article 3 (prohibition on torture and inhuman or degrading treatment or punishment) or Article 8 (right to respect for private and family life) of the European Convention on Human Rights (ECHR), which is part of UK law through the Human Rights Act 1988. This right continues to be in force even after the Brexit.
Application made under Human Rights will be considered by the Secretary of State for Home Department (SSHD) and if need arises the SSHD will exercise discretion to grant leave outside the Immigration Rules based on compelling compassionate grounds.
We have extensive experience in handling all immigration matters. To discuss about your Human Rights Claims – ARTICLE 3 & 8 application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
This visa allows Indian citizens aged 18 to 30 years old to live and work in the UK for up to 2 years.
You must first be selected in the India Young Professionals Scheme ballot before you can apply for this visa. To enter the ballot, you must declare that you are eligible for the visa.
The next ballot will open at 2:30pm India Standard Time on 28th February 2023, and will close at 2:30pm India Standard Time on 2nd March 2023.
You can enter any time while the ballot is open and the link to enter will be on this page.
You can enter if you are an Indian citizen, and you are eligible for the India Young Professionals Scheme visa.
There are 2,400 visas available in the February ballot. If you are successful, you will be invited to apply for a visa. You will have 30 days from the date of the email to apply online, pay the visa application fee and immigration health surcharge.
REQUIREMENTS
Firstly to be eligible for the visa you must:
Be an Indian national or citizen aged between 180 and 30 years old
Be at least 18 years old on the date you plan to travel to the UK
Have a qualification at bachelor’s degree or above (Regulated Qualifications Framework level 6,7 or 8
Have £2,530 in savings to support yourself in the UK for at least 28 days in a row. Day 28 must be within 31 days of applying for this visa.
Not have any children under the age of 18 who live with you or who you’re financially responsible for.
When you apply you will need to provide:
A valid passport, or other document that shows your identity and nationality
Evidence that you have at least £2,530 in your bank account, for example bank statements
Evidence of your qualifications
Your TB test results
A police report or clearance certificate from India.
Blank page for visa
You will also be asked to prove that you have a qualification at bachelor’s degree level or above.
Your college or university will need to provide written confirmation that you completed your studies and graduated with the required qualification.
HOW TO APPLY:
If eligible, you can enter the India Young Professionals Scheme ballot. You must enter the ballot online and you will need to provide your:
Name
Date of birth
Passport details
A scan or photo of your passport
Phone number
Email address
It is important to note that the successful entries will be picked at random and you will be sent the results by email within 2 weeks of the ballot closing.
It is free to enter the ballot. You should only enter if you plan to apply for the visa, which costs £259, and are able to meet the financial, educational and other requirements.
HOW MUCH IT COSTS:
You will need to pay the application fee cost of £259
You will pay the healthcare surcharge of £940
Prove you have £2,530 in personal savings
TIME FRAME
You will be given a visa to live and work in the UK for up to 24 months.
You can enter the UK at any time while your visa is valid and leave and come back at any time during your stay.
If you turn 31 after your visa is issued, you can stay in the UK for as long as your visa is valid.
WHAT YOU CAN AND CANNOT DO:
What you can do:
Work for your sponsor
Bring your partner and children with you as ‘dependents’, if eligible.
Do voluntary work
Travel abroad and return to the UK
What you cannot do:
Apply for most benefits, public funds, or the State pension
Change jobs unless you are eligible and you update your visa
Have a second job – unless you’ve previously had an Intra-company Transfer visa or a Tier 2 Long term Staff visa
Apply to settle permanently in the UK (also known as ‘indefinite leave to remain’)
Persons lived in the UK following the grant of indefinite leave to remain in the UK having lived in the UK for 5/10 years will met the requirements to qualify for naturalization as British Citizen.
Applicant should not have spent more than 450 days outside the UK during the 5 years before submitting Naturalization application. Should not spent more than 90 days outside the UK for 12 months preceding the application. Applicant should not break any UK immigration laws (living/working illegally in the UK) and free from criminal convictions.
As part of the citizenship process, the successful applicant will be invited to attend an oath ceremony (usually at civic center/local authority office) where he will be issued with the naturalization certificate.
A child born in the UK for a British/ILR (after child’s birth) parent would qualify for British nationality, therefore an application for Registration for British citizen can be submitted. If one of the parents holding ILR or British nationality at the time of child’s birth, then the child will automatically acquire British passport without having to apply for registration application.
We have extensive experience in handling all immigration matters. To discuss about your Naturalization As British Citizen / Registration As British Citizen As A Child application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
Visitor Visa allows foreign nationals to enter the UK for usually a period of maximum of six months.
Eligibility to apply for a Visitor Visa will depend on what you intend to do whilst you are in the UK. You must also have sufficient funds to support and accommodate yourself and to be able to meet the cost of your return or onward journey, so we recommend a consultation with one of our specialists prior to submitting your application to ensure success.
A standard visitor can enter the UK as a tourist, on a holiday or vacation, as a family or friends, as a volunteer for up to 30 days with a registered charity, to attend business meetings or conferences, to participate in a school exchange programme, to attend a recreational course of up to 30 days, to sit for an examination, as a Doctors and Dentist and for other medical reasons.
During the UK visit the visitor cannot take up any employment or self-employment. The visitor cannot live in the UK longer than the conditional periods of time through frequent or successive visits. The visitor cannot marry or register a civil partnership or give notice of marriage or civil partnership – The visitor needs to apply for a marriage visitor visa.
Visitor visa applicants are required to fulfil the conditions that they will leave the UK before the visa expiry. Applicants must prove with documentary evidence that they can financially support themselves and if any dependents during their stay in the UK including the travel costs. They will not live in the UK for extended periods through frequent or successive visits or make the UK as their home country.
We have extensive experience in handling all immigration matters. To discuss about your Standard Visitor Visa (Including Business Visits) application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
If your visa is expired and as a result you became an overstayer then you could be detained by the Home Office enforcement officers. If you are classified as an overstayer, you will be served with notices of liability if detention or removal from the UK.
The Home office enforcement officers will arrest and take removal actions against persons in the UK with poor immigration history with repeated breach of immigration laws, criminal records with posing high risk to the public or blatant disregard to regularize the immigration status in the UK.
A detainee cannot be removed from the UK if there is an ongoing appeal/application, or a judicial review being considered by the secretary of state. The immigration officers will set the removal directions once the detainee is exhausted with all the appeal avenues. We can take instructions to assess the merits and if we consider you case with genuine grounds, we can assist in challenging a removal decision. We can correspond with the removal team with the relied upon documents or even go for a judicial review route or filing an injunction to get the removal deferred or completely stopped.
With significant experience in UK immigration Law, we will be able to resolve post-conviction removal/deportation cases, immigration bail (CIO & Tribunal) applications.
We have extensive experience in handling all immigration matters. To discuss about your Post-conviction Removal / Deportation Cases / Bail application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
We have handled numerous numbers of complex cases in the Immigration appeal proceedings at the First Tier and Upper Tribunals, Judicial Review claims, both in the Upper Tribunal and the Administrative Court, and cases in the Court of Appeal and UK Supreme Court.
We advise clients on judicial review matters challenging Secretary of State’s unlawful decisions, including decision of Revocation of sponsor license, at the Upper Tribunal and Admin Court division of the Royal Courts of justice. We have experience in seeking interim relief on urgent consideration basis and successfully obtained interim relief for clients. We have experience in instructing junior/senior Counsels and QCs on many notable cases in relation to revocation of sponsor license by secretary of state for the home department.
Our Solicitors are able to deal with the adult dependent relative appeals, cases in relation to the Spouse/Child under Appendix FM as well as Article 8 of European Convention on Human Rights (ECHR), European Economic Area (EEA) appeals for both family and extended family member.
We have extensive experience in handling all immigration matters. To discuss your administrative review, appeals or Judicial review matters with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
We have extensive experience in handling all immigration matters. To discuss about your Administrative Reviews, Appeals & Judicial Reviews application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
This visa is if an overseas employer is transferring you to the UK to do an eligible job for a different organization.
Your overseas employer must have a high-value contract with the UK organization.
Your employer will tell you if their contract allows you to be eligible for a Secondment Worker visa
You can stay in the UK for 12 months after the start date detailed in your certificate of sponsorship or the time given on your certificate of sponsorship plus 14 days. Whichever is shorter of the two.
If you have spent time in the UK on a Secondment Worker visa or another visa before, you can only stay in the UK for a maximum of 5 years in any 6 year period.
REQUIREMENTS
To be eligible for a Secondment Worker visa you must:
Be an existing employee of an overseas organization that has a high value contract with your UK sponsor that has been approved by the UK Home Office
Have worked for your overseas employer for at least 12 months outside the UK
Have a ‘certificate of sponsorship’ from your sponsor with information about the work you will do in the UK
Do a job in the UK that is on the list of eligible occupations. You can check on the gov.uk website, you can find your occupation from the 4 digit occupation code on your certificate of sponsorship.
HOW TO APPLY
Applications must be made online.
As part of your applications you will need to prove your identity. To do so you will either:
Have your fingerprints and photograph taken at a visa application center to get a biometric residence permit
Use the ‘UK Immigration: ID Check’ app to scan your identity document. By doing this, you will create or sign into your UK Visas and Immigration (UKVI) account.
You will also be told what you need to do further when you apply.
You will only be allowed to extend your visa from inside the UK if you are still working for the UK sponsor who gave you your current certificate of sponsorship.
You are still working on the same contract that your employer has with your sponsor. And you have not reached the maximum total stay.
To switch to this visa you must meet the eligibility requirements.
You cannot apply to switch to this visa if you are currently in the UK:
On a visit visa
On a short-term student visa
On a Parent of a Child Student visa
On a seasonal worker visa
On a domestic worker in a private household visa
On immigration bail
Because you were given permission to stay outside the immigration rules
You must leave the UK and apply for a Secondment Worker visa from abroad if you are in one of these categories.
TIME FRAME:
You can apply for a visa up to 3 months before the day you are due to start in the UK. This date is listed on your certificate of sponsorship. You may need to allow extra time if you need an appointment to do this.
Once you have applied online, proved your identity and provided your documents, you will usually get a decision on your visa within:
3 weeks, if you are outside the UK
And
8 weeks if you are inside the UK.
What you can and cannot do
What you can do
Work for sponsor in the job described on certificate
Study
Bring your partner and children as ‘dependents’
Do voluntary work
Travel abroad and return to the UK
Cannot do
Apply for most benefits (public funds) or the State Pension
Change jobs unless you are eligible and update visa
Have a second job
Apply to settle permanently in the UK
We have extensive experience in handling all immigration matters. To discuss about your UK Senior or Secondment Worker Visa application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
The senior or specialist worker route is for senior managers and specialist employees being assigned to a UK business that’s linked to their employer overseas and wish to do an assignment in the UK. This will allow the said worker to come to or stay in the UK to do an eligible job at their employer’s UK branch. This visa has replaced the Intra-company Transfer (ICT) visa, previously the Tier 2 (Intra-company Transfer) Long-term Staff visa.
REQUIREMENTS:
To qualify for a Global Business Mobility, you must:
be aged 18 or over.
currently working as an existing (12 months) employee of an organization approved by the Home Office as a sponsor.
If you’re earning more than £73,900 a year, there is no minimum time requirement.
Have a ‘certificate of sponsorship’ from your issued UK sponsor.
Do a job that is on the list of eligible occupations: you need to know its 4-digit occupation code, which can be found from your employer or certificate of sponsorship.
The job must be genuine and is skilled to at least RQF Level 6 (graduate equivalent).
Have a salary over £45,800 per year, or the ‘going rate’ for your job – whichever is higher.
have sufficient money to be able to support yourself without reliance on public funds.
Have provided a valid TB certificate, if required.
If application is successful, you can stay in the UK with a Senior or Specialist Worker visa for:
– the time given on your certificate of sponsorship plus 14 days
– or 5 years after the start date detailed on the certificate of sponsorship
Whichever is shorter.
The maximum total stay allowed for a Senior and Specialist Worker visa is:
– 5 years in any 6 year period if you’re paid less than £73,900 a year.
– 9 years in any 10 year period if you’re paid £73,900 a year or more.
Any time spent in the UK on one of the following visas will be included in your total maximum stay:
Intra-company Graduate Trainee visa
Intra-company Transfer visa
Graduate Trainee visa (Global Business Mobility)
Secondment Worker visa (Global Business Mobility)
Senior or Specialist Worker visa (Global Business Mobility)
Service Supplier visa (Global Business Mobility)
UK Expansion Worker visa (Global Business Mobility)
For example, if you have worked in the UK on a Senior or Specialist Worker visa for 3 years, but for the last 6 months you have been working outside the UK on less than £73,900 a year.
Your maximum stay in the UK on a Global Business Mobility is 2 years. You would also need to spend another 6 months outside the UK before you would be eligible for a Global Business Mobility visa.
If you had a Tier 2 (Intra-company Transfer) long-term staff visa before 6 April 2011 on any of the following visas:
Tier 2 (intra-company Transfer) Long term staff visa
Intra-company Transfer visa
Senior or Specialist worker visa.
Annual Salary
You must be paid at least £45,800 or the ‘going rate’ for your job – whichever is higher.
Each occupation code has its own annual going rate. Check the going rate for your job in the Global Business Mobility: going rates for eligible occupations.
HOW TO APPLY:
Applications are online only and are dependent on your status whether:
You are outside the UK and are coming to the UK.
When you apply, you will need to provide:
– Certificate of sponsorship reference number
– Valid passport or other document that shows your identity and nationality
– Your job title and annual salary
– Your job’s occupation code
– Name of employer and their sponsor license number
– Evidence that you have enough personal savings in the form of bank statements (unless your certificate of sponsorship shows your employer can support you).
– Proof of your relationship with your partner or children, if they are applying with you.
Inside the UK and you want to extend your stay as a Senior or Specialist Worker.
You can apply to extend if:
– you have the same job as when you were given your previous permission to enter or stay in the UK
– your job is in the same occupation code as when you were given your previous permission to enter or stay in the UK
– you are still working for the employer who gave you your current certificate of sponsorship.
– you have not reached the maximum total stay
Inside the UK and switching from a visa.
HOW MUCH IT COSTS:
You will need to:
have enough money to pay the application fee – the standard fee ranges from £625 to £1423 depending on your circumstances.
Pay healthcare surcharge – this is usually £624 per year
Support yourself when you arrive in the UK – you’ll usually need to have at least £1,270 available for 28 consecutive days.
If you will be in the UK for:
Up to 3 years – £625 per person
More than 3 years – £1,235 per person
TIME FRAME:
You can apply for a visa up to 3 months before the date listed on your certificate of sponsorship. Proof of identity and documents must be provided.
You will get a decision within:
3 weeks if you are outside the UK.
8 weeks if you are inside the UK.
WHAT YOU CAN AND CANNOT DO WITH A SENIOR OR SPECIALIST WORKER VISA:
What you can do:
Work for your sponsor
Bring your partner and children with you as ‘dependents’, if eligible.
Do voluntary work
Travel abroad and return to the UK
What you cannot do:
Apply for most benefits, public funds, or the State pension
Change jobs unless you are eligible and you update your visa
Have a second job – unless you’ve previously had an Intra-company Transfer visa or a Tier 2 Long term Staff visa
Apply to settle permanently in the UK (also known as ‘indefinite leave to remain’)
We have extensive experience in handling all immigration matters. To discuss about your UK Senior or Specialty Worker Visa (Global Business Mobility) application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
The UK Expansion Worker visa allows you to come to the UK to set up a branch of an overseas business that has not started trading in the UK yet.
It is imperative that you must already work for the overseas business as either a senior manager or a specialist employee.
With a UK Expansion Worker visa, you can stay for whichever is short of: 12 months after the start date of the job on your certificate of sponsorship and the time given on your certificate of sponsorship with an additional 14 days.
If you are interested in staying for a longer period in the UK, you can extend your visa by 12 months.
The maximum time you can stay in the UK on a UK Expansion Worker visa is 2 years.
If you have spent time in the UK on this or another visa, you might not be able to stay on a UK Expansion Worker visa for as long. You can only stay in the UK for a maximum of 5 years in a 6 year period if you have spent time on the other visa routes.
REQUIREMENTS:
To be eligible for a UK Expansion Worker visa you need to:
Have a valid certificate of sponsorship from your employer. You must apply for your visa within 3 months of getting your certificate of sponsorship.
Have worked for your employer outside the UK for at least 12 months. Unless you are either earning £73,900 or a Japanese national doing work for a Japanese company that is expanding to the UK.
Do a job that’s on the list of eligible occupations. To find, out you need to know its 4 digit occupation code found on your certificate of sponsorship or from your employer.
Be paid the minimum eligible salary required for your job: at least £42,400 per year or the ‘going rate’ for your job – whichever is higher.
HOW TO APPLY:
You must apply online
How you apply depends on whether you’re:
Outside the UK and are coming to the UK:
You will need to prove your identity by either:
– have your fingerprints and photograph taken at a visa application centre – this is to get a biometric residence permit
– use the ‘UK Immigration: ID Check’ app to scan your identity document (you will also create or sign into your UK Visas and Immigration (UKVI) account).
– Inside the UK and extending your current visa
You can apply to extend your visa if:
– you have the same job as when you were given your previous permission to enter or stay in the UK.
– your job is in the same occupation code as when you were given previous permission to enter/stay in the UK
– you are still working for the same employer who gave you your current certificate of sponsorship
– you have not reached the maximum total stay.
– Inside the UK and switching from a different visa
You might be able to apply to change if you are already in the UK on a different type of visa.
You are unable to apply to switch to this via if you are currently in the UK:
– on a visit visa
– on a short-term student visa
– on a Parent of a Child Student visa
– on a seasonal worker visa
– on a domestic worker in a private household visa
– on immigration bail
– because you were given permission to stay outside the immigration rules, i.e. on compassionate grounds
You must leave the UK and apply for a UK Expansion Worker visa from abroad.
Check if your job is eligible
You need to know the correct 4-digit standard occupation code (SOC) to find out if the job you intend to join is eligible under the rules. You can get this from your employer or your certificate of sponsorship.
When you know your occupation code, view the Global Business Mobility: eligible occupations and codes to see if it’s included.
Salary requirements
You must be paid at least £45,800 per year or the ‘going rate’ for your job – whichever is higher.
Each occupation code has its own annual going rate. Check the going rate for your job in the Global Business Mobility: going rates for eligible occupations.
HOW MUCH IT COSTS
You will need to have enough money to:
Pay the £259 application fee
Pay the healthcare surcharge – this is usually £624 per year.
Support yourself when you arrive in the UK – you will need to have at least £1,270 available for at least 28 consecutive days. The end date of the 28 day period must be within 31 days of the date you apply.
You will need to show proof of this
TIME-FRAME
You can apply for a visa up to 3 months before the day you are due to start work in the UK. This date is listed on your certificate of sponsorship.
Once you have applied online, proved your identity and provided your documents, you will usually get a decision on your visa within:
3 weeks if you are outside the UK
8 weeks if you are inside the UK.
What you can and cannot do
What you can do
Work for sponsor in the job described on certificate
Study
Bring your partner and children as ‘dependents’
Do voluntary work
Travel abroad and return to the UK
Cannot do
Apply for most benefits (public funds) or the State Pension
Change jobs unless you are eligible and update visa
Have a second job
Apply to settle permanently in the UK
We have extensive experience in handling all immigration matters. To discuss about your UK Expansion Worker Visa (Global Business Mobility) application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
This allows you to come to or to stay in the UK to work for your employer in their UK branch. This job must be eligible and part of a graduate training programme for a managerial or specialist role.
REQUIREMENTS:
To qualify for a Graduate Trainee visa, you must:
Be an existing employee of an organization that’s been approved by the Home Office as a sponsor
Have worked for your sponsor outside the UK for at least 3 months immediately before you apply.
Have a ‘certificate of sponsorship’ from an employer with information about the work you will do in the UK.
Do a job that is on the list of eligible occupations (which you can find on the government website).
Have a salary of at least £23,100 per annum or 70% of the ‘going rate’ – whichever is higher.
You cannot apply to change (‘switch’) to a Graduate Trainee visa from inside the UK. But you can apply for another Graduate Trainee visa from outside the UK.
You can only stay in the UK for a maximum of 5 years in any 6-year period.
HOW TO APPLY: you have to fill out an online application at gov.co.uk
For a Graduate Trainee visa you will need to provide:
Your certificate of sponsorship reference number – provided by your employer
A valid passport or other document that shows their identity and nationality
Job title and annual salary
Job’s occupation code
Name of your employer and their sponsor license number – this will be on your certificate of sponsorship
Evidence that you have enough personal savings to support yourself in the UK, for example in the form of bank statements
Proof of your relationship with your partner or children if they are applying with you
Your TB results.
However, if your certificate of sponsorship was issued between 11 February 2022 and 11 April 2022, you can use your intra-company Graduate Trainee visa certificate of sponsorship to apply for a Graduate Trainee visa. You do not need to get a new certificate of sponsorship or update your existing one.
Depending on circumstances, you might be asked to provide any evidence that you have worked for your employer outside the UK for 3 months immediately before you apply.
As well as details of your training programme and a valid ATAS certificate, if your job involves researching a sensitive subject at PhD level or higher.
After application, you might be asked for evidence to show that you have worked for your employer overseas for 3 months immediately after you apply.
You can provide:
Printed pay slips
Online pay slips supported with a letter from your sponsor signed by a senior staff member
Bank or building society statements
A building society pass book
HOW MUCH IT COSTS:
To apply for a Graduate Trainee visa, you will need to have enough money to pay:
the £259 application fee
pay the healthcare surcharge – this is usually £624 per year
support yourself when you arrive in the UK – you will usually need to have at least £1,270 available for 28 consecutive days. You will need to show proof of this when you apply, unless your employer/sponsors have agreed to support and can cover your costs during your first month in the UK.
Your certificate of sponsorship can confirm if your employer can support you instead.
Your partner and children will also need to prove they can support themselves while they are in the UK.
You will not need to show funds if you have been living in the UK for 12 months or more with permission on the date of application.
TIME FRAME:
Once you have applied online, proved your identity and provided the documents needed, you will get a decision within 3 weeks.
You will be contacted if your application will take longer due to reasons such as:
your supporting documents need to be verified
you need to attend an interview
of your personal circumstances
After you apply and would like to change something in the application, you can contact UK Visas and Immigration (UKVI).
You can ask to cancel your application, but your free will only be refunded if UKVI has not started processing your application.
You will get an email with the decision on your application.
We have extensive experience in handling all immigration matters that your business requires, whether you are MNCs, business & management consultancies, software/ IT contractors, logistics industries, oil & gas companies, construction companies, food industries, NHS trust recruitment agencies, GP practices, telecommunication companies, pharmacies, Care Homes, religious/charitable organizations, clothing wholesale companies, export & import, jewelries and also retail businesses.
We know the importance of employing the suitable candidates at your organization in order to excel in international market. We have an excellent track record of successfully assisting businesses in this area of practice, which we attribute to our specialized team of lawyers who are able to offer services varying from strategic immigration planning to implementation, ensuring that you are guided each step under the applicable immigration rules throughout to ensure a smooth application process for you and your business.
An employer requires a sponsor license to employ a skilled migrant worker from outside the UK including European Economic Area (EEA) and Switzerland to work for your organization in the UK.
An employer will be granted a sponsor license with rating if the application is successful, and you will be able to assign certificates of sponsorship (CoS) if you have jobs that are eligible for sponsorship under the relevant occupational code. There are two types of certificates, namely Defined and undefined CoS. Defined is for the sponsor to recruit migrant workers from outside the UK and Undefined is for the sponsor to recruit migrant workers from within the UK. Usually, undefined CoS will be allocated when granting the license and for Defined CoS a separate request is required to be made.
The sponsor license will be valid for 4 years, but you may lose your license if you do not meet your responsibilities or failed to comply with sponsor duties.
If an employer’s application is successful, the Home Office will provide you with a reference number (which acts as license) and activate their online account which is known as Sponsor Management System (SMS) and also be listed in the Home Office license register. The Director or HR Manager can be appointed as the Level 1 user, key contact, and Authorizing Officer to access the Sponsor Management System in order to assign your prospective employee(s) Certificate of Sponsorship (online document). You can appoint us as legal representatives on this license. Once you have been allocated with the COS, you would be able to assign the Certificate (issue the work permit) to your prospective employee to claim points in order to qualify application for leave to remain/enter.
Under the skilled worker category, anyone coming to the UK to work will need to demonstrate that:
they have a job offer from a Home Office licensed sponsor
the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
they speak English to the required standar
In addition to this, the job offer must meet the applicable minimum salary threshold. This is the higher of either:
the general salary threshold set by Her Majesty’s Government on advice of the independent Migration Advisory Committee at £25,600.00 or
the specific salary requirement for their occupation, known as the “going rate”
All applicants will be able to trade characteristics, such as their qualifications, against a lower salary to get the required number of points. If the job offer is less than the minimum salary requirement, but no less than £20,480.00 an applicant may still be eligible if they have:
a job offer in a specific shortage occupation
a PhD relevant to the job
a PhD in a STEM subject relevant to the job
There are different salary rules for workers in certain health or education jobs, and for “new entrants” at the start of their careers.
Time frame
The Home Office estimates that it is currently taking about eight weeks to process a sponsor licence application from the date of submission of the application. The Sponsor Licensing Unit officers (SCOC) from UK Visas & Immigration would raise enquiries on the submitted application and also may conduct a pre-license visit to their business premises before they issue a license, this is in order to check their organization’s trading presence in the UK.
Should you wish to employ skilled migrant workers from around the world then we are the right solicitors for you. Once we are instructed, we will advise/assist you before and during the Home Offices rigorous application process and do all the follow up work and keep you informed about the progress until the decision is reached on the above application.
Intra Company License
The sponsor company must show a direct link by common ownership or control with the overseas entities from which the sponsor company will bring migrants to the UK. Common ownership or control may be shown by one of the following. The Sponsor company must demonstrate that it is connected to the overseas entity by ‘common ownership or control’.
Document
A further document is required to evidence the common ownership and control between the overseas and UK entities. This may for example include a sworn affidavit by a senior executive or partner / Director identifying how the entities are linked, company accounts or the joint venture agreement.
The Process
This application can be submitted along with the Skilled worker category or a sperate online application can be submitted in order to add to the existing licence. Decisions on sponsor licence applications would generally receive within 8 weeks.
We have extensive experience in handling all immigration matters. To discuss about your organisation’s Sponsor licence application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
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Fundamentally, compliance with the duties ensures comprehensive and up to date records are maintained by sponsors that must be made available to the Home Office for inspection at any time.
The Home Office uses the license application process to evaluate the employer’s ability to meet these sponsor duties.
The following areas will be covered during the compliance officer’s visit:
Recruitment process – HR exercise – (copy of adverts, CVs received, interview call letters, interview notes, justification for job offer and reasons for rejection)
Record Keeping
Migrant tracking & Monitoring
Reporting
Genuine vacancy Test
General sponsor duties
The duties of the sponsor, as prescribed in the Home Office’s Sponsor Guidance, are as follows:
Record Keeping
Sponsors must keep records relating to their sponsored workers and their right to work in the UK documentation, NI number as well as the history of and up-to-date contact details.
The employer must retain copies of documents as specified in Appendix D, such as:
Migrants’ copy of employment contract, passport, BRP, P45, previous employment reference, CVs, certificates, proof of address, contact details.
The sponsor must also keep records of sponsored workers’ contact details, both retaining past contact details and having a system in place to identify and update any changes in contact information.
Employment contracts should also be retained for all sponsored workers. Employers should note that the Home Office may review the terms of the contract to ensure they are consistent with the details on the Certificate of Sponsorship assigned in relation to salary and job role.
Right to work checks in a systematic way ensure that the employer does not breach the prevention of illegal working, by conducting document checks as advised by the Home Office and ensuring those workers with time-limited permission are subject to follow-up checks to verify continued right to work.
Failure to meet the right to work requirements can result in a financial penalty being imposed by the civil penalty team followed by enforcement action.
Reporting & Monitoring
The employer must have a robust system in place to track and monitor sponsored employees, reporting within ten working days if the sponsored individual fails to start work when expected, 10 days of consecutive unauthorized absence, work / project completed early, contract terminated earlier than expected e.g., resignation, switch into another immigration category, for example, from the skilled worker visa to indefinite leave to remain (regardless that the Home Office should have a record of this fact), Sponsorship withdrawal, decrease of salary.
The sponsor also must notify the Home Office of any reasonable concerns or evidence that a sponsored worker is in breach of the conditions of their stay in the UK.
The sponsor must ensure all sponsored employee absences are authorized and recorded, including statutory sick leave, and unauthorized annual holidays, study leave and overseas travel. The employer should have in place and follow, an effective sickness absence procedure.
Genuine vacancy assessment
Requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the tier and category
Does not include dissimilar and/or lower skilled duties
Must consider if:
The job description seems to be exaggerated to deliberately make it meet the requirements of the tier and category
The job role does not exist and is being used to enable a migrant to come to or stay in the UK
Advertisements are inappropriate for the job on offer and have been tailored to exclude resident workers from being recruited
HO guidance:
If a sponsored migrant is not undertaking the role for which he was sponsored and evidence suggests there was not a genuine vacancy for that particular role, the officer must recommend suspension. For example, where a sponsored migrant recruited as a ‘business development manager’ is actually found to be undertaking the duties of a care assistant, or if a migrant has been sponsored as a ‘marketing manager’ and the sponsor cannot demonstrate evidence to show the migrant has carried out appropriate duties such as those listed in the codes of practice for the SOC code stated on the migrant’s CoS
Notifying changes about circumstances to the Home Office
Any changes on sponsored worker’s circumstances must be reported to UKVI via the Sponsor Management System (SMS).
If the organization has moved premises as a result of end of lease or bought own building, the change of company address must be notified to the Home Office within a specified time limit. Sponsor must send sign the submission sheet and send supporting documents to sponsor licensing unit. Should the Home Office wish to conduct an unannounced site inspection, they will need the correct information to attend the correct premises.
It is best practice to add all the UK branches in the SMS, sponsors are advised to keep separate records of any changes to the organisation.
We have extensive experience in handling all immigration matters. To discuss your Sponsor License compliance matter with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
Pre-licensing compliance visit:
Where the Home Office finds an organization’s Human Resource (HR) systems are not robust or inadequate to comply with the sponsor duties, they will refuse the license on that basis.
Prior to the application submission, it is advisable to conduct an internal audit of the organization’s existing HR systems to identify potential issues and breaches, so that it can be rectified, and corrective measures can be out in place prior to applying to the Home Office. It is equally important to check if the policies, practices and procedures at any physical addresses where the organisation’s sponsored migrant workers would carry out their employment duties, to ensure compliance.
We have extensive experience in handling all immigration matters. To discuss about your Sponsor Licence Duties & Compliance application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
If you are encountered by the enforcement officers that you have employed a worker illegally, you will be liable for a civil penalty. Each illegal worker will attract a penalty. If you have carried out suitable document checks, you will have a ‘statutory excuse’ and will not be liable for a civil penalty. The penalty imposed will vary from minimum £5,000 to maximum £20,000 per illegal worker.
If you do not pay the penalty, object or appeal by the due dates, the Home Office will commence court action against you. If the Home Office is successful, you will have a County Court Judgment against you.
Document checks will not protect you against prosecution if you knew the worker did not have permission to work, or if you could reasonably have known. You must check the documents in the presence of the holder during the job interview or the employment commencement. You must check and verify all the contents of the documents. It is good practice to keep record of date you have checked/verified the documents. You must make a clear copy of each document in a format which cannot be altered and retain this copy securely for not less than two years after the employment has come to an end. If the person has limited leave to remain in the UK but you wish him to start the work, you must carry out additional checks before the expiry of the leave.
If a potential employee cannot prove their right to work by showing valid documents, then you should refuse to employ them. If the employee already works for you, has leave to remain to work and but if he cannot prove their right to work in a follow up check you conduct, you should immediately terminate his employment.
Following the immigration enforcement officers visit to your premises, if you have been issued with a Notification of Liability for a Civil Penalty, Lawsmith Solicitors can take instructions and assess the merits. We can advise you as to the likelihood of establishing a statutory excuse and thereby submitting objections to the Civil Penalty Compliance Team (CPCT) and also provide legal representation on the appeal at the County Court.
We have extensive experience in handling all immigration matters. To discuss about your organization’s civil penalty matter with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
In the event of your organization’s sponsor license being suspended followed by revocation, we can assess the merits on your case and if there is a realistic prospect of success, we can judicially review the revocation decision and where appropriate, assist the sponsor with this process by issuing a claim at the UK Courts & Tribunals.
Once the Home Office has revoked a sponsor license, they will also curtail the leave of any sponsored workers who are currently employed by the sponsor. The sponsored worker will usually have their leave curtailed to 60 calendar days unless they have fewer than this remaining, in which case no action will be taken.
If a sponsored worker has their leave curtailed, they will have to either make another application for leave to remain in a category for which they qualify, find an alternative employment with a licensed sponsor, or leave the UK.
As there is no right of appeal against a decision to revoke a sponsor license and a sponsor will be prohibited from making a further application for a sponsor license until the end of the appropriate cooling off period. This is usually 12 months from the date the sponsor license was revoked.
However, upon a new application for a sponsor license the applicant will need to address the reasons for the previous revocation.
We have extensive experience in handling all immigration matters. To discuss about your organization’s license suspension or revocation with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
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Skilled Worker visa replaces the Tier 2 (General) work visa. This visa allows you to come to or stay in the UK to do an eligible job with an approved employer (a licensed sponsor).
You must have a confirmed full-time job offer to work for a UK employer that has been approved by the Home Office. The offered job must be in the list of eligible occupations. Your employer must assign a ‘certificate of sponsorship’ with information about the role you have been offered in the UK. The migrant worker must be paid at a minimum salary depending on the type of work the migrant worker does.
Applicant must be able to speak, read, write, and understand English. You’ll usually need to prove your knowledge of English when he applies. The successful migrant worker will be granted leave to remain in the UK up to 5 years. He needs to apply for extension of leave when it expires or submit an application for indefinite leave to remain (ILR) in the UK if he meets all the requirements for ILR.
Intra company visa allows a migrant worker to enter and stay in the UK to do an eligible job at the migrant worker’s employer’s UK branch.
Eligibility: You must be an existing employee of an organisation that has been approved by the Home Office as a sponsor. You must have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK. You must do a job that’s on the list of eligible occupations. You must be paid at least £41,500 for an Intra-company Transfer visa or at least £23,000 for an Intra-company Graduate Trainee visa.
Intra-company Transfer visa
Apply for this visa if you’re being transferred by your employer to a role in the UK. You’ll need to have worked for your employer overseas for more than 12 months unless they’re going to pay you £73,900 a year or more to work in the UK. This visa has replaced the Tier 2 (Intra-company Transfer) Long-term Staff visa.
The maximum total stay allowed for an Intra-company Transfer visa is 5 years in any 6 year period if the migrant worker is paid less than £73,900 of annual salary package. 9 years in any 10 year period if the migrant worker is paid £73,900 annual salary.
A migrant worker can extend his visa or apply for further extension up to the maximum total stay. If the migrant worker has already been in the UK with an Intra-company visa before his application, that time will be included in his total stay.
Intra-company Graduate Trainee visa
This visa is for transfers to the UK as part of a graduate training programmed for a managerial or specialist role. You’ll need to have worked for your employer overseas for at least 3 months immediately before the date you apply. This visa has replaced the Tier 2 (Intra-company Transfer) Graduate Trainee visa.
You can stay in the UK with an Intra-company Graduate Trainee visa for 12 months. The maximum total stay allowed for an Intra-company Graduate Trainee visa is 5 years in any 6 year period. If you have already been in the UK with an Intra-company visa before your application, that time will be included in your total stay.
No further extension will be granted, but the migrant worker can apply for another Intra-company Graduate Trainee visa from outside the UK. The migrant worker has to have been working for your sponsor outside the UK for at least 3 months immediately before the date he applies.
We have extensive experience in handling all immigration matters. To discuss about your Skilled Worker & Intra-company Visa application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
There are two main routes on which religious institutions/charitable organizations can sponsor religious workers to work in religious occupations.
MINISTER OF RELIGION (MOR) VISA
MOR visa route is for a person who can be sponsored to perform a key leading role within a faith-based organization or religious order in the UK, such as a minister of religion, missionary, member of a religious order, or other religious workers in mainly pastoral roles. A dependent partner and dependent children of a T2 Minister of Religion can apply on this route.
Migrant workers holding leave under this route can apply for further leave to remain, change employment to another sponsor and apply for indefinite leave to remain in the UK subject to meeting all the requirements including KoLL.
It is mandatory to meet the English language requirements (unless applicant is nationality of specified countries) at least (Common European Framework regulations (CEFR) level B2 in reading, writing, speaking, and listening. Applicant can obtain a certificate recognized by Ecctis (formerly known as UN NARIC) as his academic qualification was taught in English and the same is equivalent to the required level.
Applicant is required to prove that he can support himself when arriving in the UK. This can be shown through his personal savings via bank statements or from the employer certifying maintenance of funds requirements.
RELIGIOUS WORKER VISA
This is a temporary visa route. You can apply for the above route if the job role involves performing religious duties to support the activities of religious institutions and can be for filling non-pastoral placements for no more than 2 years with no option to apply for settlement in the UK. It can include working in a religious order. No Ministers of religion can be sponsored under this Tier 5 route. The salary must be calculated in such a way it meets the requirements of the National Minimum Wage (NMW) Regulations. These rates are amended, usually annually, so you must make sure that you are using the correct rates.
You must have a certificate of sponsorship assigned by your employer prior to application for leave to enter the UK to work for the religious institution. The successful applicants can come and work in the UK and they can also do a second job (same level in the same religious field) for 20 hours per week. Dependents (Partner/Child) can join the main applicant under this route, and they can also stay in the UK until the main applicant’s visa validity.
Temporary Religious workers will be subject to a 12-month cooling-off period if they have had been in the UK as a Religious Worker or Charity Worker within the last 12 months.
We have extensive experience in handling all immigration matters. To discuss about your your minister of religion or religious worker application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
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