Gary McIndoe

This Practice Note examines the key common requirements for settlement applications in relevant work, business and investment categories in the Immigration Rules. These are absences and continuity of residence, knowledge of the English language and knowledge of life in the UK.

This Practice Note sets out the general procedure for entry clearance/visa applications that are made outside the UK and provides practical tips on making an application. The note covers applications submitted at a visa application centre overseas or via an identity checking app (which are granted in the form of a digital ‘eVisa’). It also looks at issues such as the format of supporting documents, paying application fees, paying the immigration health surcharge (IHS), as well as when criminal record certificates, tuberculosis (TB) screening and Academic Technology Approval Scheme (ATAS) clearance will be required.

This Practice Note looks at the procedure for applications when using Visa Facilitation Services Global (VFS) or TLScontact (TLS): the registered commercial partners of the Home Office for the submission of entry clearance applications made overseas and for in-country applications to extend stay or settle in the UK. VFS is the provider for applications made overseas, and TLS is the provider in the UK.

This Q&A considers if there are any difficulties from the perspective of the Home Office’s Tiers 2 and 5 Sponsor guidance or otherwise with a prospective non-EEA or Croatian employee paying the sponsor licence fee for a Tier 2 (General) licence for an employer who wishes to take them on (and if the applications is successful, the immigration skills charge).

This Q&A considers whether a person with a derivative right of residence can be entitled to benefits.

This Q&A looks at whether a Child Student who is extending their stay to undertake a new course at the same school cab commence study after the CAS is assigned but before the leave application is decided.

This Q&A considers whether a director of a ‘specified limited company’ can rely on salary and dividend income from the last six months alone towards meeting the minimum income threshold under Appendix FM, or whether they have to wait until the completion of the company’s next ‘full financial year’ (where the earnings from the last full financial year were not sufficient to meet the threshold).

This Q&A look at whether a legal representative can complete a High Potential Individual (HPI) visa application on behalf of the applicant (in addition to just supporting the applicant with the application)?

This Q&A considers whether a person applying as a spouse under Appendix FM can meet the minimum income threshold by using cash savings held for more than a full six months but transferred in full from one savings account to another in the middle of the six months.

This Q&A considers whether a Tier 2 (General) migrant may set up their own business, and own shares in this, within the UK, while continuing to comply with the rules on supplementary employment.

This Q&A considers whether a Tier 2 sponsor is able to reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment.

This Q&A considers whether a Tier 4 (General) student is able to set up a charity in the UK.

This Q&A discusses whether an applicant is able to have multiple undecided applications at once with the Home Office.

This Q&A looks at whether an overseas national who is a director of a UK company can be precluded from entering the UK as a genuine business visitor in order to undertake permitted visitor activities by the fact that they are paid director fees by the company.

This Q&A discusses in which category of the Immigration Rules artists performing in the entertainment industry would need to apply.

This Q&A considers whether the durable partner of an EEA citizen (in the UK with status under the EUSS) can apply for entry clearance as a joining family member if that relationship started before 31 December 2020.

This Q&A considers whether you can combine income from salaried and non-salaried employment under category A in order to meet the financial requirement in Appendix FM.

This Q&A considers funds, maintenance and accommodation provided by third parties for visitors (including permitted paid engagements visitors).

This Q&A considers whether dependent partners and children of a person applying for a change of employer also need to apply for an extension of stay. What are the relevant forms?

This Q&A looks at whether sponsored students have to be employed on fixed term contracts.