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Gary McIndoe
Gary McIndoe
Latitude Law
Contributions by Latitude Law Experts

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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.

Does section 3C of the Immigration Act 1971 operate to extend leave on claiming Asylum under the 1951 Convention, provided that the Asylum Claim was made when an individual had valid leave to remain as a student for the purposes of ten-year long residence route to settlement?
Does section 3C of the Immigration Act 1971 operate to extend leave on claiming Asylum under the 1951 Convention, provided that the Asylum Claim was made when an individual had valid leave to remain as a student for the purposes of ten-year long residence route to settlement?
Q&As

Following a family permit refusal under the Surinder Singh route, can an applicant switch (in-country) to leave to remain as a partner under Appendix FM?
Following a family permit refusal under the Surinder Singh route, can an applicant switch (in-country) to leave to remain as a partner under Appendix FM?
Q&As

For a Tier 1 (Investor) application, when an applicant is relying on cash funds (not yet invested) that are held in a regulated financial institution (acting as custodians), what are the evidential requirements to satisfy the Immigration Rules, Appendix A, paragraph 64-SD?
For a Tier 1 (Investor) application, when an applicant is relying on cash funds (not yet invested) that are held in a regulated financial institution (acting as custodians), what are the evidential requirements to satisfy the Immigration Rules, Appendix A, paragraph 64-SD?
Q&As

For an application for entry clearance for the post flight spouse of a refugee, is there a minimum length of time that the sponsoring partner should have on their refugee status when the applicant's entry clearance application is made? If the sponsor's refugee status comes to an end and they apply for ILR while the entry clearance application is outstanding, how would that affect the entry clearance application? The rules and guidance appear to be silent on this.
For an application for entry clearance for the post flight spouse of a refugee, is there a minimum length of time that the sponsoring partner should have on their refugee status when the applicant's entry clearance application is made? If the sponsor's refugee status comes to an end and they apply for ILR while the entry clearance application is outstanding, how would that affect the entry clearance application? The rules and guidance appear to be silent on this.
Q&As

How can an EEA national child who has lived in the UK for over ten years obtain British citizenship and what is the cost for each type of application?
How can an EEA national child who has lived in the UK for over ten years obtain British citizenship and what is the cost for each type of application?
Q&As

How should the suitability provisions of Appendix FM be applied in spouse entry clearance applications where an applicant has overseas criminal convictions and was under 18 at the time?
How should the suitability provisions of Appendix FM be applied in spouse entry clearance applications where an applicant has overseas criminal convictions and was under 18 at the time?
Q&As

If a British citizen lives in the UK permanently and wants to bring a domestic worker from a non-EEA country to live in their house and provide cleaning/personal care, what application(s) can be made to facilitate this?
If a British citizen lives in the UK permanently and wants to bring a domestic worker from a non-EEA country to live in their house and provide cleaning/personal care, what application(s) can be made to facilitate this?
Q&As

If a Global Talent applicant is applying for endorsement in the science, engineering, humanities and medicine disciplines under the standard ‘full peer review’ criteria, should the supporting reference letter/s be dated within three months of the date of application? Also, could other supporting documents, not specified in the Immigration Rules or guidance (eg, an additional reference letter and/or a letter from the applicant explaining his CV and publications), strengthen the application? Finally, how should publications be evidenced?
If a Global Talent applicant is applying for endorsement in the science, engineering, humanities and medicine disciplines under the standard ‘full peer review’ criteria, should the supporting reference letter/s be dated within three months of the date of application? Also, could other supporting documents, not specified in the Immigration Rules or guidance (eg, an additional reference letter and/or a letter from the applicant explaining his CV and publications), strengthen the application? Finally, how should publications be evidenced?
Q&As

If a share sale results in a sponsoring company (A) having a new immediate owner (B) and the new owner (B) has a sponsor licence but does not want (A) added as a branch, is (A) still required to apply for a new licence?
If a share sale results in a sponsoring company (A) having a new immediate owner (B) and the new owner (B) has a sponsor licence but does not want (A) added as a branch, is (A) still required to apply for a new licence?
Q&As

If a Tier 1 (Entrepreneur) migrant was outside the UK for over 180 days in a 12-month period because of compulsory military service in their home country, could this absence be classified as exceptional circumstances when the Home Office can grant the applicant indefinite leave to remain (ILR) when their continuous leave is broken?
If a Tier 1 (Entrepreneur) migrant was outside the UK for over 180 days in a 12-month period because of compulsory military service in their home country, could this absence be classified as exceptional circumstances when the Home Office can grant the applicant indefinite leave to remain (ILR) when their continuous leave is broken?
Q&As

If a Tier 1 (Investor) migrant’s initial leave was granted under the Immigration Rules before 6 November 2014 and they have maintained a £1 million overall investment, what date should they obtain a property valuation report for where they have deposited £250,000 into a savings account and then disposed of the home they relied on to meet the balance of funds requirement for their last extension application?
If a Tier 1 (Investor) migrant’s initial leave was granted under the Immigration Rules before 6 November 2014 and they have maintained a £1 million overall investment, what date should they obtain a property valuation report for where they have deposited £250,000 into a savings account and then disposed of the home they relied on to meet the balance of funds requirement for their last extension application?
Q&As

If a Tier 2 (General) migrant has their leave curtailed and their partner is on a dependant visa, can the Tier 2 (General) migrant switch into a dependant visa from inside the UK if the dependant partner is applying for entry clearance as a Tier 2 (General) migrant? Would this apply to children as well where the children are dependants of the one partner and would they need to reapply to be dependants of the other? If so, would the children be able to remain in the UK and then apply from inside the UK if the dependant to Tier 2 visa applicant was successful?
If a Tier 2 (General) migrant has their leave curtailed and their partner is on a dependant visa, can the Tier 2 (General) migrant switch into a dependant visa from inside the UK if the dependant partner is applying for entry clearance as a Tier 2 (General) migrant? Would this apply to children as well where the children are dependants of the one partner and would they need to reapply to be dependants of the other? If so, would the children be able to remain in the UK and then apply from inside the UK if the dependant to Tier 2 visa applicant was successful?
Q&As

If a Tier 2 (ICT) migrant is granted leave on the basis of delivering a time-bound service, can they apply to extend their leave in the UK at the end of that service if they acquire a new project?
If a Tier 2 (ICT) migrant is granted leave on the basis of delivering a time-bound service, can they apply to extend their leave in the UK at the end of that service if they acquire a new project?
Q&As

If a Tier 2 sponsor is selling their business to another company, what would happen to the sponsored workers?
If a Tier 2 sponsor is selling their business to another company, what would happen to the sponsored workers?
Q&As

If an employer is looking to sponsor an existing employee with Tier 4 leave, can the employee be sponsored in a different role than what they were doing previously (eg a part time sales assistant applying for a full-time sales manager role)? Would the position change if the prospective employer is in the process of obtaining a sponsor licence?
If an employer is looking to sponsor an existing employee with Tier 4 leave, can the employee be sponsored in a different role than what they were doing previously (eg a part time sales assistant applying for a full-time sales manager role)? Would the position change if the prospective employer is in the process of obtaining a sponsor licence?
Q&As

If an individual applies for a visa (eg a Skilled Worker visa) outside the UK, but travels into the UK as a visitor while the application is pending, will this have an impact on their pending visa application?
If an individual applies for a visa (eg a Skilled Worker visa) outside the UK, but travels into the UK as a visitor while the application is pending, will this have an impact on their pending visa application?
Q&As

If someone with permission as a Student makes an application to switch to the Skilled route but then withdraws the application before it is decided, does this impact their existing Student permission?
If someone with permission as a Student makes an application to switch to the Skilled route but then withdraws the application before it is decided, does this impact their existing Student permission?
Q&As

If the sponsoring partner or parent of an individual applying for entry clearance or further leave to remain as a partner or child under Immigration Rules, Appendix FM is entitled to a specified benefit at a certain level, but due to over payment previously, is receiving a lower level than entitled to (ie making repayments), is the entitlement figure or the figure actually received (ie according to bank statements) the relevant figure for assessing whether the maintenance and accommodation requirement is met?
If the sponsoring partner or parent of an individual applying for entry clearance or further leave to remain as a partner or child under Immigration Rules, Appendix FM is entitled to a specified benefit at a certain level, but due to over payment previously, is receiving a lower level than entitled to (ie making repayments), is the entitlement figure or the figure actually received (ie according to bank statements) the relevant figure for assessing whether the maintenance and accommodation requirement is met?
Q&As

Is a non-EEA national family member able to apply for a permanent residence card using form EEA(PR) from 28 days before their five year eligibility period ends (or must they wait until the end of that period)?
Is a non-EEA national family member able to apply for a permanent residence card using form EEA(PR) from 28 days before their five year eligibility period ends (or must they wait until the end of that period)?
Q&As

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