CASE STUDIES

Question:
I have recently obtained IGS visa and my visa is expiring in March 2009. How the new “Post study work visa” would affect me?

Answer:
The home office is going to introduce the new point based system (TIER 1) in full, some time in July 2008 and would announce transitional measures for those who are already on the IGS to enable them obtain further leave to remain for one more year in line with the new Point based system.

Question:
I am on a work permit but living with my partner (a British Citizen) for more than four years. Can I apply for ILR on the basis of having lived with him?

Answer:
Please note that you cannot apply for ILR straight away. You have to obtain two year`s leave to remain as an unmarried partner first and on completion of that two years, you can then apply for ILR.

Question:
When can I apply for naturalization to become British Citizen, if I am not married to a British Citizen? Is that 5 years or 6 years in total?

Answer:
The general rule of making the application for British Citizenship is five years legal residence including the last year spent on ILR / Permanent residence. So, it can be five years as well as six years. For example, if you have completed your five years residence in the UK on the basis of Work permit, you can apply for ILR. And only after completing one year on your ILR, you can apply for British Citizenship. That makes total 6 years of stay in the UK.

But if you enter the UK as an unmarried partner of some one settled in the UK you would become eligible for ILR after two years of stay in the UK. And only after completing a stay for further three years (i.e. completing total of 5 years of stay) you can apply for British Citizenship.

In the above example if you subsequently gets married to your partner (who is a British Citizen) then you can apply for British Citizenship only after three years of stay in the UK (having already obtained ILR, of course)

Question:
How long the home office takes to consider application for residence card? I want to go on holidays in three months` time.

Answer:
The home office normally takes 4-6 months in considering application for residence card. But nowadays they are taking much longer than that and are not giving any further time estimates. So we would advise you not to make any unnecessary travel plans until you receive your documents back from the home office.

Question:
I entered the UK in October 2006 on the basis of being a highly skilled migrant. My visa is expiring in Sept. 2008. In view of the successful judicial review, what should I do to extend my visa? Do I have to make an application under TIER 1 ?

Answer:
The home office is working on setting a procedure for implementing the decision of the high court and would introduce new application form and the guidance on making an application for further leave to remain for those who were affected by the new rules. By September 2008, we`ll probably have the new guidance on making an application. In the meantime, you may apply under TIER 1 with a cover letter asking them consider your application in the light of the successful judicial review.

Question:
I am a work permit holder living with my wife and two children as my dependants in the UK. My elder son would be more than 18 years of age by the time I `ll complete my five years residence in the UK. Can I still include him in my application for permanent settlement in the UK?

Answer:
Please note that only spouses or children under 18 can be included in one application and paying one fee. You can still include him in making application for ILR but you have to complete a separate application form for him and also pay separate fee.

Question:
I am married and we have got a child under 3 years of age. Can I apply for working holiday maker visa for myself ?

Answer:
Please note that if you are married then your wife must also apply for working holiday maker visa in her own right to be able to accompany you. You cannot come to the UK on WHM visa alone, leaving your family in your country.

Question:
I am an Australian and married to an Italian citizen who is working in the UK. Should I obtain a family permit from Australia or I can make an application from here?

Answer:
As an Australian Citizen, you do not require any visa to come to the UK. You can simply travel to the UK with the evidence that you are family member of an EEA national who is exercising her treaty rights in the UK and seek entry on that basis. They would give you entry as a family member of an EEA national for six months and you can then make an application for residence card for five years.

Question:
I am residing in the UK since July 2006, on the basis of having a residence card for five years. Can I apply for ILR after completing two years of my stay in the UK just like those who get permanent residence on the basis of being married to British Citizens?

Answer:
You cannot pick and choose, unfortunately. You have to complete your five years residence in the UK and then make an application for permanent residence on the basis of having completed the required period of time as family member of an EEA national exercising her treaty rights in the UK.

Question:
I have been waiting for my extension of student visa application for more than 8 months now. Every time I phone the home office I am told that it is still under consideration? I have now completed my course that I applied extension for? What should I do now?

Answer:
Eight months is quite a long time for the home office to consider a student extension application. You should continue your studies, if you wish so and then provide enrolment documents for the next course that you are studying to enable the home office give you further leave to remain till the end of that course, if they decide to approve your application.

Question:
I entered the UK as a writer in Feb. 2008 and have got visa till Jan. 2010. I have heard that I can make an application to obtain full five year`s period of stay in the UK. Is that right?

Answer:
Yes. The home office has intentions to remove this category as they are introducing the new point based system. They have however announced transitional measures for those who are already in this category, to make an application and obtain the balance amount of the leave to remain to enable them complete full five years and apply for permanent residence in the UK. Please note that you have got limited time i.e. till the introduction of the TIER 1 in full, to avail this opportunity.

The other categories which are being removed permanently are: Composers, Artists and Self employed lawyers.

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.