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Gary McIndoe
Gary McIndoe
Latitude Law
Contributions by Latitude Law Experts

73

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 overseas
Procedure when using the Home Office’s commercial partners overseas
Practice notes

This Practice Note looks at the procedure for out-of-country applications when using Visa Facilitation Services (VFS) or TLScontact (TLS): the registered commercial partners of the Home Office for the submission of entry clearance applications made overseas.

Is a Tier 2 (General) migrant (who is not a ‘high earner’) able to hold more than 10% of shares in a company in the same group of the company which sponsors them? Eg a majority stake in a second group company, where that second company would have the option to purchase IP created by the migrant for their role in the sponsoring company? Are there any restrictions on a Tier 2 migrant being a director and shareholder of one group company but an employee of another?
Is a Tier 2 (General) migrant (who is not a ‘high earner’) able to hold more than 10% of shares in a company in the same group of the company which sponsors them? Eg a majority stake in a second group company, where that second company would have the option to purchase IP created by the migrant for their role in the sponsoring company? Are there any restrictions on a Tier 2 migrant being a director and shareholder of one group company but an employee of another?
Q&As

Is it mandatory for a non-EEA National family member who is submitting an application for permanent residence, to disclose if they claimed benefits during any time that they had an EEA residence card?
Is it mandatory for a non-EEA National family member who is submitting an application for permanent residence, to disclose if they claimed benefits during any time that they had an EEA residence card?
Q&As

Is it possible for a sponsor licence holder to have a licence with one company but employ sponsored workers by another company in a group of companies providing the licence holder can comply with its sponsor licence obligations?
Is it possible for a sponsor licence holder to have a licence with one company but employ sponsored workers by another company in a group of companies providing the licence holder can comply with its sponsor licence obligations?
Q&As

Is it possible for an offshore worker who has been granted leave for 12 months to switch to a spouse visa from within the UK?
Is it possible for an offshore worker who has been granted leave for 12 months to switch to a spouse visa from within the UK?
Q&As

Is it possible to apply only for a Tier 2 (Intra-Company Transfer) (ICT) licence or is it necessary to apply for both Tier 2 (General) and (ICT)? If you can only apply under one tier, what considerations are relevant, eg would it improve the application's chance of success (by limiting the scope of the licence)?
Is it possible to apply only for a Tier 2 (Intra-Company Transfer) (ICT) licence or is it necessary to apply for both Tier 2 (General) and (ICT)? If you can only apply under one tier, what considerations are relevant, eg would it improve the application's chance of success (by limiting the scope of the licence)?
Q&As

Is it possible to start sponsoring someone who is currently on maternity leave and in receipt of statutory maternity pay (SMP), or does the sponsor have to wait until the person returned from maternity leave (assuming they currently have leave in another capacity that allows them to work for the sponsor and receive SMP, which would continue for that time). If it is possible, presumably the sponsor would have to notify the Home Office via a note on the Certificate of Sponsorship that the person is currently on maternity leave and in receipt of SMP, but confirm the salary they will be paid and hours they will work on their return?
Is it possible to start sponsoring someone who is currently on maternity leave and in receipt of statutory maternity pay (SMP), or does the sponsor have to wait until the person returned from maternity leave (assuming they currently have leave in another capacity that allows them to work for the sponsor and receive SMP, which would continue for that time). If it is possible, presumably the sponsor would have to notify the Home Office via a note on the Certificate of Sponsorship that the person is currently on maternity leave and in receipt of SMP, but confirm the salary they will be paid and hours they will work on their return?
Q&As

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?
Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?
Q&As

Is the super priority service available for a Tier 1 (Entrepreneur) migrant applying for settlement under the accelerated route? If not, what steps can be taken to expediate a decision?
Is the super priority service available for a Tier 1 (Entrepreneur) migrant applying for settlement under the accelerated route? If not, what steps can be taken to expediate a decision?
Q&As

Is there a discretion for the Home Office to grant the right to work in exceptional circumstances where for example an applicant is a principal breadwinner and only has means to support his family for a short period of time? Where is the residual discretion of the Home Office in immigration matters derived from and what is the scope of this discretion?
Is there a discretion for the Home Office to grant the right to work in exceptional circumstances where for example an applicant is a principal breadwinner and only has means to support his family for a short period of time? Where is the residual discretion of the Home Office in immigration matters derived from and what is the scope of this discretion?
Q&As

Is there any requirement for a non-EEA national, with a right of permanent residence under the Citizens’ Directive, to continue to live in the same household as their EEA national partner (or otherwise continue to be the EEA national’s family member) until such time as they are granted British citizenship?
Is there any requirement for a non-EEA national, with a right of permanent residence under the Citizens’ Directive, to continue to live in the same household as their EEA national partner (or otherwise continue to be the EEA national’s family member) until such time as they are granted British citizenship?
Q&As

What are the effect of late applications when switching from Tier 2: Certificates of Sponsorship?
What are the effect of late applications when switching from Tier 2: Certificates of Sponsorship?
Q&As

What evidence should be submitted with a long residence application with respect to periods where the applicant is relying on a right of residence as an EEA family member and how should periods be treated where the person was without leave and ostensibly an overstayer but in fact had a right of residence under European law?
What evidence should be submitted with a long residence application with respect to periods where the applicant is relying on a right of residence as an EEA family member and how should periods be treated where the person was without leave and ostensibly an overstayer but in fact had a right of residence under European law?
Q&As

What is the position of self-employed skilled workers in a change of ownership situation? Where the incoming owner of the company wishes to continue to sponsor them in the same role, can they make use of the provisions in paragraph C4 of the Workers and Temporary Workers: Sponsor Guidance Part 3 ie apply for a licence within 20 working days and confirm to UKVI that they will take responsibility for them despite not being employees?
What is the position of self-employed skilled workers in a change of ownership situation? Where the incoming owner of the company wishes to continue to sponsor them in the same role, can they make use of the provisions in paragraph C4 of the Workers and Temporary Workers: Sponsor Guidance Part 3 ie apply for a licence within 20 working days and confirm to UKVI that they will take responsibility for them despite not being employees?
Q&As

When a Tier 1 (Graduate Entrepreneur) migrant successfully switches to the Tier 1 (Entrepreneur) category using the £50,000 route, what is the minimum level of funds required for extension purposes?
When a Tier 1 (Graduate Entrepreneur) migrant successfully switches to the Tier 1 (Entrepreneur) category using the £50,000 route, what is the minimum level of funds required for extension purposes?
Q&As

When advertising on the Universal Jobmatch website, is there a requirement to tick to say that the company wants to advertise the role in Europe in order to satisfy the resident labour market test?
When advertising on the Universal Jobmatch website, is there a requirement to tick to say that the company wants to advertise the role in Europe in order to satisfy the resident labour market test?
Q&As

When an applicant has leave under Appendix FM of the Immigration Rules and their relationship with the British sponsor is breaking down, how can they protect their position and evidence an active role in their child’s life if the sponsoring partner is making an application for the child’s indefinite leave to remain after five years? What are the difficulties with making a leave to remain application on the basis of their relationship with a child and would the position change if the child is over the age of 18 (at the time of making the application)?
When an applicant has leave under Appendix FM of the Immigration Rules and their relationship with the British sponsor is breaking down, how can they protect their position and evidence an active role in their child’s life if the sponsoring partner is making an application for the child’s indefinite leave to remain after five years? What are the difficulties with making a leave to remain application on the basis of their relationship with a child and would the position change if the child is over the age of 18 (at the time of making the application)?
Q&As

When applying for ‘accelerated’ settlement under the Tier 1 (Entrepreneur) category: (1) what are the specified evidence requirements for a direct cash investment by a third party company (who was identified in the initial application) and (2) is there a prohibition on a major beneficiary shareholder of a UK company being registered in the British Virgin Islands (BVI)?
When applying for ‘accelerated’ settlement under the Tier 1 (Entrepreneur) category: (1) what are the specified evidence requirements for a direct cash investment by a third party company (who was identified in the initial application) and (2) is there a prohibition on a major beneficiary shareholder of a UK company being registered in the British Virgin Islands (BVI)?
Q&As

When applying to add a another company to an existing Skilled Worker Licence, you must provide evidence of common ownership or control. If the basis of common ownership and control to be used is that an individual owns shares in each entity, then that individual must have a majority shareholding in each entity. Is a 50% shareholding considered to be a majority shareholding for this purpose?
When applying to add a another company to an existing Skilled Worker Licence, you must provide evidence of common ownership or control. If the basis of common ownership and control to be used is that an individual owns shares in each entity, then that individual must have a majority shareholding in each entity. Is a 50% shareholding considered to be a majority shareholding for this purpose?
Q&As

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