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Nick Nason
Nick Nason
Director
Edgewater Legal
Contributions by Edgewater Legal Experts

43

The Windrush Scheme
The Windrush Scheme
Practice notes

This Practice Note provides an overview of the Windrush Scheme, including the scope of the scheme, both in terms of the defined Commonwealth citizens and other groups eligible to apply under it, and the application types they are eligible to make. It also covers: application procedures, exemptions from application fees and other application requirements, providing evidence of eligibility, particular issues in meeting the good character requirement for naturalisation, challenging decisions and the Windrush compensation scheme.

If an employer posts a job to comply with the RLMT with the minimum salary level required but then decides to amend the advert to include a salary range (which includes the minimum salary) does the minimum time period for posting the job need to start again (ie the 28 days would need to restart from the date the salary range is posted to comply with the RLMT)?
If an employer posts a job to comply with the RLMT with the minimum salary level required but then decides to amend the advert to include a salary range (which includes the minimum salary) does the minimum time period for posting the job need to start again (ie the 28 days would need to restart from the date the salary range is posted to comply with the RLMT)?
Q&As

Is a previous finding of deception nullified when applying for indefinite leave to remain if the Home Office have in the intervening periods granted leave within the rules, and therefore considering the applicant meets the suitability requirements?
Is a previous finding of deception nullified when applying for indefinite leave to remain if the Home Office have in the intervening periods granted leave within the rules, and therefore considering the applicant meets the suitability requirements?
Q&As

Is an application to register as a British citizen capable of extending leave under section 3C of the Immigration Act 1971?
Is an application to register as a British citizen capable of extending leave under section 3C of the Immigration Act 1971?
Q&As

Is it possible for an employer based in the UK to recruit a migrant on a Tier 2 (General) visa to work on a third party contract overseas (where the employer would have control over the employee on how they carry out the job and the contract is for a time limited period)?
Is it possible for an employer based in the UK to recruit a migrant on a Tier 2 (General) visa to work on a third party contract overseas (where the employer would have control over the employee on how they carry out the job and the contract is for a time limited period)?
Q&As

Is there a visa route for the non-EEA parent of a British child to apply for entry clearance to live in the UK, where the British child is not already in the UK but is residing in the US with the non-EEA parent?
Is there a visa route for the non-EEA parent of a British child to apply for entry clearance to live in the UK, where the British child is not already in the UK but is residing in the US with the non-EEA parent?
Q&As

Is there anything in the Immigration Rules or Sponsor Guidance which would prevent a high earner being assigned a Certificate of Sponsorship for a short period (eg three months) in order to secure leave to enter and then seeking further leave to remain with a substantially reduced salary which, although significantly less than £159,600, meets the salary thresholds and experienced worker rates. The rationale behind entry as a high earner is to avoid the resident labour market test and the restricted Certificate of Sponsorship requirement in a situation where time-scales are tight.
Is there anything in the Immigration Rules or Sponsor Guidance which would prevent a high earner being assigned a Certificate of Sponsorship for a short period (eg three months) in order to secure leave to enter and then seeking further leave to remain with a substantially reduced salary which, although significantly less than £159,600, meets the salary thresholds and experienced worker rates. The rationale behind entry as a high earner is to avoid the resident labour market test and the restricted Certificate of Sponsorship requirement in a situation where time-scales are tight.
Q&As

Is there anything in the Immigration Rules to prohibit a Tier 2 sponsor from employing their extended family member (such as their nephew)? We understand that this must be disclosed at the time of assigning the Certificate of Sponsorship.
Is there anything in the Immigration Rules to prohibit a Tier 2 sponsor from employing their extended family member (such as their nephew)? We understand that this must be disclosed at the time of assigning the Certificate of Sponsorship.
Q&As

What are the qualifying immigration application types eligible for reimbursement under the Windrush Compensation Scheme?
What are the qualifying immigration application types eligible for reimbursement under the Windrush Compensation Scheme?
Q&As

When a leave to remain application is refused on suitability grounds (ETS deception case) but then subsequently granted by a separate caseworker, what steps can an advisor take to minimise the risk of refusal on the same basis when applying for indefinite leave to remain?
When a leave to remain application is refused on suitability grounds (ETS deception case) but then subsequently granted by a separate caseworker, what steps can an advisor take to minimise the risk of refusal on the same basis when applying for indefinite leave to remain?
Q&As

When applying for indefinite leave to remain under the ten-year long residence route, can you rely on the time between the issue of entry clearance and entering the UK as ‘continuous and lawful’ residence?
When applying for indefinite leave to remain under the ten-year long residence route, can you rely on the time between the issue of entry clearance and entering the UK as ‘continuous and lawful’ residence?
Q&As

When making a change of employment application with a new employer, would the sponsor need a restricted or an unrestricted certificate of sponsorship?
When making a change of employment application with a new employer, would the sponsor need a restricted or an unrestricted certificate of sponsorship?
Q&As

When making an application for renewal of a permanent residence document, what kinds of evidence should an EEA national provide to show they have not lost their right of permanent residence, in circumstances where they have not been absent from the UK for more than two consecutive years but they have not been residing in the UK?
When making an application for renewal of a permanent residence document, what kinds of evidence should an EEA national provide to show they have not lost their right of permanent residence, in circumstances where they have not been absent from the UK for more than two consecutive years but they have not been residing in the UK?
Q&As

When making an application for settlement under the long residence (ten-year) route, can you rely on time spent between the grant of entry clearance and entering the UK as continuous and lawful residence?
When making an application for settlement under the long residence (ten-year) route, can you rely on time spent between the grant of entry clearance and entering the UK as continuous and lawful residence?
Q&As

When making an application for settlement under the long residence (ten-year) route, can you rely on time spent between the initial grant of entry clearance and entering the UK as part of the qualifying period of residence? Is the position different for Skilled Worker applications?
When making an application for settlement under the long residence (ten-year) route, can you rely on time spent between the initial grant of entry clearance and entering the UK as part of the qualifying period of residence? Is the position different for Skilled Worker applications?
Q&As

When meeting the financial requirement under Appendix FM, can you combine salaried and non-salaried employment where one employment has lasted more than six months, and the other has lasted less than six months, under categories A/B?
When meeting the financial requirement under Appendix FM, can you combine salaried and non-salaried employment where one employment has lasted more than six months, and the other has lasted less than six months, under categories A/B?
Q&As

When meeting the job creation requirement under the Tier 1 (Entrepreneur) route, would a copy of an EU national’s ID card (rather than their passport) demonstrate that the employee has settled status?
When meeting the job creation requirement under the Tier 1 (Entrepreneur) route, would a copy of an EU national’s ID card (rather than their passport) demonstrate that the employee has settled status?
Q&As

When seeking to meet the minimum income threshold under Appendix FM, can an applicant who is relying on UK employment income provide payslip and bank statement evidence of only one months’ salary if the gross amount earned in that one month exceeds the threshold?
When seeking to meet the minimum income threshold under Appendix FM, can an applicant who is relying on UK employment income provide payslip and bank statement evidence of only one months’ salary if the gross amount earned in that one month exceeds the threshold?
Q&As

When switching from a fiancé to a spouse visa in a country, can an applicant rely on the same degree certificate (with a UK National Recognition Information Centre (NARIC) certificate) that was used in the initial entry clearance application? Are there any expiry dates on UK NARIC certificates?
When switching from a fiancé to a spouse visa in a country, can an applicant rely on the same degree certificate (with a UK National Recognition Information Centre (NARIC) certificate) that was used in the initial entry clearance application? Are there any expiry dates on UK NARIC certificates?
Q&As

Where a main applicant switches into a different category, eg a Tier 2 (ICT) visa holder switches into a Turkish worker route, should their dependants also apply to switch at the same time? What possible implications might their be if they do not (if they remain, in the UK, or subsequently travel)?
Where a main applicant switches into a different category, eg a Tier 2 (ICT) visa holder switches into a Turkish worker route, should their dependants also apply to switch at the same time? What possible implications might their be if they do not (if they remain, in the UK, or subsequently travel)?
Q&As

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