Latitude Law

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Gary McIndoe
Latitude Law
Contributions by Latitude Law

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Home Office policies and concessions
Home Office policies and concessions
Practice Notes

This Practice Note sets out how the Secretary of State for the Home Department formulates policies and signposts sources of information on concessions. It also explains how to formulate an argument based on a concession and the remedies available if a decision adverse to an applicant is reached.

Contributions by Latitude Law Experts

73

General requirements for settlement in work, business and investment categories
General requirements for settlement in work, business and investment categories
Practice Notes

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.

Procedure for applying from overseas
Procedure for applying from overseas
Practice Notes

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.

Procedure when using the Home Office’s commercial partners
Procedure when using the Home Office’s commercial partners
Practice Notes

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.

Are there any difficulties from the perspective of the Home Office’s Tiers 2 and 5 Sponsor guidance or
Are there any difficulties from the perspective of the Home Office’s Tiers 2 and 5 Sponsor guidance or
Q&A

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).

Are there any exceptions to the general rule that a Zambrano carer of a British citizen child cannot
Are there any exceptions to the general rule that a Zambrano carer of a British citizen child cannot
Q&A

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

Can a Child Student who is extending their stay to undertake a new course at the same school commence
Can a Child Student who is extending their stay to undertake a new course at the same school commence
Q&A

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.

Can a director of a ‘specified limited company’ rely on salary and dividend income from the last six
Can a director of a ‘specified limited company’ rely on salary and dividend income from the last six
Q&A

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).

Can a legal representative complete a High Potential Individual (HPI) visa application on behalf of the
Can a legal representative complete a High Potential Individual (HPI) visa application on behalf of the
Q&A

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)?

Can a person applying as a spouse under Appendix FM meet the minimum income threshold by using cash
Can a person applying as a spouse under Appendix FM meet the minimum income threshold by using cash
Q&A

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.

Can a Tier 2 (General) migrant set up a business in the UK as long as they are not the controlling
Can a Tier 2 (General) migrant set up a business in the UK as long as they are not the controlling
Q&A

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.

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to
Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to
Q&A

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.

Can a Tier 4 (General) student set up and establish a charity in the UK?
Can a Tier 4 (General) student set up and establish a charity in the UK?
Q&A

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

Can an applicant have two applications pending with the Home Office at the same time, where one
Can an applicant have two applications pending with the Home Office at the same time, where one
Q&A

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

Can an overseas national who is a director of a UK company be precluded from entering the UK as a genuine
Can an overseas national who is a director of a UK company be precluded from entering the UK as a genuine
Q&A

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.

Can artists (who will be performing in the entertainment industry) apply as a standard visitor or would
Can artists (who will be performing in the entertainment industry) apply as a standard visitor or would
Q&A

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

Can the durable partner of an EEA citizen (in the UK with status under the EUSS) apply for entry
Can the durable partner of an EEA citizen (in the UK with status under the EUSS) apply for entry
Q&A

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.

Can you combine income from salaried and non-salaried employment under category A in order to meet the
Can you combine income from salaried and non-salaried employment under category A in order to meet the
Q&A

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.

Do accommodation and travel costs need to be booked and paid for (by the sponsoring company for a
Do accommodation and travel costs need to be booked and paid for (by the sponsoring company for a
Q&A

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

Do dependent partners and children of a person applying for a change of employer also need to apply for
Do dependent partners and children of a person applying for a change of employer also need to apply for
Q&A

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?

Do sponsored students have to be employed on fixed term contracts?
Do sponsored students have to be employed on fixed term contracts?
Q&A

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

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