CASE STUDIES

Question:
I am a Ukrainian citizen and entered the UK in August 2002 as a student. I never studied in the UK and my visa expired in Dec. 2002. Meanwhile I developed relationship with a British Citizen and we got married in Dec. 2003. My husband has got a business here and has got all his family in the UK. I am residing with my husband and also helping him in his business. Can I make an application for a spouse visa while remaining in the UK?

Answer:
Yes. You can make an application within the UK. There is a home office policy for those persons who were married more than two years ago and there are no enforcement notices served to them, and it is not appropriate for the settled persons to accompany their spouses to their home country, that they would be given visas from here and would not be removed. But we strongly advise to seek independent professional advice before making any such application to the home office.

Question:
Can I combine my initial stay of HSMP and subsequent stay of work permit to make five years in total to qualify for Indefinite leave to remain?

Answer:
No. Once you switch to work permit your 5-year period would start from the beginning and any time spent on HSMP would not be included. However if it were vice versa, you would have been allowed to apply for ILR on the basis of spending a total of 5 years.

Question:
I have got an alien-passport and am originally from Latvia. I entered this country on a student visa in Sept. 2003 and when Latvia joined the EEA countries in April 2004, I sent my passport to the Home office and applied for registration under the worker registration scheme. The Home office approved my application and issued me worker registration certificate and worker registration card. But when I completed one year of work under WRS and applied for registration certificate, the home office refused my application and asked me to go back. What can I do?

Answer:
The Home office in fact, issued the worker registration certificate and card in error as they can only be issued to EEA nationals. You are not an EEA national and therefore cannot make use of the benefits or options available to EEA national. The Home office has now realized their mistake and therefore refused your application for registration certificate. You now do not have any reason to stay in the UK and probably would be required to leave unless you have got some other reason to stay in the UK.

Question:
I am from Uzbekistan and came on a short-term (2 months) student visa in the UK. My visa is expiring in two weeks time. Can I extend my student visa here?

Answer:
Yes. You can apply for an extension of student visa for the duration of your next course. You need to establish that you have actually studied in your previous course and fulfils the requisites of getting another student visa. But please note that all short-term students who would be given student visitor visas after 01st of September 2007, would not be able to switch to normal student visas while remaining in the UK.

Question:
I am an EEA national and working as a self-employed builder. I have been residing in the UK with my partner who is an overseas student and from Russia since Sept. 2004. I am single and she is in the process of obtaining divorce from her husband. Her student visa is now expiring. Can she apply as my unmarried partner and apply for residence card?

Answer:
Although you are partners and living together in a relationship akin to marriage, your partner cannot apply for residence card. In order to make an unmarried partner application, both of the parties must be free to get married. If one of the parties is married, he or she must provide a divorce certificate to confirm his / her freedom to get married. In this case, what we would advise is to obtain divorce certificate first and then make an application for residence card. However, making an application on the basis of an unmarried partner relationship is not a straightforward one and it is strongly advised to take independent professional advice and services.

Question:
I am a British Citizen and have got my daughter born in the UK in April 2006 from a relationship with my unmarried partner. My partner is from Ukraine and has not got any visa here. My questions is regarding my daughter, can I apply for her British passport?

Answer:
Please note that any children born out of wedlock before 01st of July 2006 would take the nationality of the mother only. So, your daughter would take the nationality of her mother and cannot therefore apply for British passport. However, if you get married with your partner, then only she can take your nationality.

Question:
I am a student and have recently done PGD from Westminster University. Now I have got a Job offer from a UK based employer who is willing and able to apply for my work permit. Can I remain here during the process of work permit? Can I switch to work permit visa? I do not want to go back to obtain visa from my home country. Please advise if there are ways to switch while remaining in the UK.

Answer:
Please note that work permit is a two-stage process. First stage is getting a work permit while the second is getting visa in line with the approved work permit. You can remain here in the UK during the process of getting a work (stage 1) but as you have not completed a degree level qualification you cannot switch while remaining in the UK. You have to obtain visa from the British embassy in your home country.

However, there is an indirect route to switch while remaining in the UK. As you have done your PGD from a UK University, you can switch to International graduate scheme. And once you have done that, your employer can then apply for a work permit for you and you can switch to work permit. In this case, you do not require returning to your home country to obtain visa.

Question:
I am on a Fresh talent visa and presently residing in Glasgow. My visa is expiring in Nov. 2007. Recently my wife also came to the UK on her own student visa. She has got visa till October 2010. Can I become dependant of my wife while remaining in the UK?

Answer:
Yes. You can apply from within the UK to become a dependant of your wife who has her own student visa. You’ll be given visa till the duration of your wife`s visa.  

Question:
I am a work permit holder and now finishing my fifth year of work permit residence in the UK. I `ll be eligible to apply for ILR in November 2007. My wife has recently joined me as my dependant in June 2007. Can she also apply for ILR s my dependant in Nov. 2007, together with my application? When my wife and I would be eligible to apply for British Citizenship?

Answer:
Yes. You can include her in your application for indefinite leave to remain application and if your application is approved, your wife would also be given ILR at the same time. It does not matter that she has only remained here in the UK for just 5 months. Please also note that both of you have to do Life in the UK Test to qualify for ILR, under the new rules.

Once you get your ILR, you have to wait for 12 months to apply for British Citizenship. However, your wife can apply for British Citizenship after a total of three years of stay in the UK as your spouse.

Question:
We have got a big business in the UK and wish to employ the managing director of the company from overseas. We already know this gentleman who is a high profile professional having established work experience of working as General Director of a big company in Russia. What are the options available for him to work for the company in the UK?

Answer

The Company in the UK can make a work permit application for him. Please note that as this is a board level position, the employer is not required to advertise the position and can make an application straightaway. However there are certain do`s and don’t`s of this application that you need to take care of.

Another option for him is to apply under highly skilled migrant program. He needs to score 75 points under the various sections and also do English language test with a minimum score of 6.0.

Question:
I have just switched from SEGS to work permit visa. Would the time spent on SEGS visa be counted towards the five-year requirement for permanent residence?

Answer:
No. Any time spent on a student visa or SEGS (now IGS) or FT: WISS would not count towards the five-year requirement for indefinite leave to remain on the basis of work permit or HSMP. You have to complete five years on work permit.

Question:
I have heard that the Home office might increase the time for settlement from five years to eight years. Is it true?

Answer:
There is nothing like that under consideration of the Home office. There is already a judicial review application pending at the High Court against the increase of time period required for permanent settlement from four to five years.

Please note that the above questions and answers have been prepared from the emails, telephone calls and actual cases that we have dealt and have therefore not provided any names and addresses in order to keep cleint confidentiality.