CASE STUDIES

Question:
I am a Ukrainian citizen and entered the UK in July 2007 on a visit visa. I am married to an EEA national who is working in the UK on the basis of her registration certificate. Can I switch from visit visa to dependant of an EEA national?

Answer:
Yes. You can switch to dependant of an EEA national and can apply for residence card in line with the registration certificate of your wife. It does not matter on what visa you are on, in the UK. 

Question:
I am presently residing in the UK on being a dependant of a work permit holder. My visa is expiring in March 2009. But now I am not living with my husband because of the domestic violence that I have experienced recently. I am now been taken care of by the social services. Can I apply for settlement on the basis of a victim of domestic violence?

Answer:
No. The law for victims of domestic violence only applies to those persons who are family members of a person who is settled in the UK or of an EEA national exercising his treaty rights in the UK.

Question:
I am an alien-latvian and been living in the UK for seven years on an expired visa. I am living with my wife and daughter who are Latvian nationals and exercising their treaty rights in the UK. Can I apply to get some sort of visa from here or I need to return to Latvia to obtain visa from the British Embassy? Please note that I do not have any family in Latvia and have broken all my ties with that country.

Answer:
In that case, it is worth making an application from here as you have been living in the UK for a considerable period of time and you have got your family members living with you, who are EEA nationals and are exercising their treaty rights in the UK. However there is an option for you to go back to Latvia and apply for family permit from outside the UK. Please note that the entry clearance officer is bound to issue you family permit (visa) provided he is satisfied that you are a genuine family member of EEA national and your family member is exercising her treaty rights in the UK.

Question:
I have been residing in the UK on the basis of my work permit to work as “Chinese Chef” since Nov. 2003. My visa is expiring in Nov. 2007 and my employer is not willing to apply for my extension of my work permit. From Jan. 2004, I developed relationship with my same-sex partner who is an EEA national and has completed his 12 months employment under WRS and we have been living together since July 2005. Can I apply for any visa in view of my relationship with my partner? Can I use my four years of stay as work permit holder towards my application for settlement?

Answer:
Yes. You can apply for a residence card in line with the fact that your partner is exercising his treaty rights in the UK. You need to establish the genuineness of your relationship by providing a number of documents confirming the fact that you have been living together for more than two years. Please note that this is not a straightforward application and you should seek independent professional advice in relation to your immigration matter.

Once you switch from work permit to residence card you would lose the time spent on your previous visa and would have to commence the five-year time from the beginning. However you can use that time to apply for indefinite leave to remain on the basis of 10 years legal and continuous residence in the UK.

Question:
I am on a working holidaymaker visa and wish to switch to innovator visa. Is it possible to do that?

Answer:
Yes. It is allowed to switch to innovator visa but please note that this is a complex application and it is more appropriate if you engage services of a professional advisor.

Question:
I am polish national and working in the UK. Can I invite my 55 years old mother to join me in the UK? Does she have to be more than 65 years of age?

Answer:
Please note that as you are an EEA national exercising your treaty rights in the UK, you are allowed to invite your parents, spouse, civil partner and children less than 21 years of age to join you in the UK permanently. There are other relationships as well who can qualify to join you in the UK but there are some requirements to be fulfilled. The age limit of 65years is for the family member of those who are British citizens or have got settled status in the UK.

Question:
I am on a Fresh talent visa and now have got a job offer from a UK based company. Do they require advertising the vacancy to seek applications from resident workers? The visa that I have got on my passport says resident permit. Does that mean that I would be considered as resident worker?

Answer:
If the position is not in shortage occupation list or at a board level position, your employer is required to advertise the vacancy on appropriate media and wait for 28 days. It does not really matter whether you are already working for the company or whether you are on a fresh talent visa or not.

Please note that the Home office is now issuing leave to remains in a single format and whatever visa you get, you’ll be given a resident permit. That does not make you a resident worker. 

Question:
My overseas employer has appointed me sole representative in the UK. My role would be to open a branch office in London. In addition to this role, can I do any part time job? If my overseas employer draws back, can I switch to any other employment related visa?

Answer:
If you are on a sole representative visa, you are not allowed to do any part time job whatsoever. And if you employer draws back, you would not be having any right to remain in the UK unless you have a claim for being an unmarried partner or family member of an EEA national or any other permitted category. You cannot switch to work permit or HSMP or any employment related category under normal circumstances.

Question:
The Home office has refused my application for naturalization. Can I lodge an appeal against that?

Answer:
Unfortunately there is no right of appeal against refusal of application for naturalization. However you can write to the Home office to review their decision or lodge a judicial review to the High Court. You can also, if you wish, lodge a fresh application by providing fresh documentary evidence to the Home office addressing the issues raised by the Home office.

Question:
I am work permit holder working for a UK based company and residing with my partner who is an overseas student. We are in a relationship akin to marriage and have been residing in the UK for more than three years. Can he switch to become my dependant in the UK?

Answer

Please note that he cannot switch to a dependant of a work permit holder unless there are some truly exceptional circumstances. He has to return to his country of origin and apply for the appropriate visa from the British Embassy.

Question:
I have been refused for a visit visa from the Embassy last year and now would like to apply for a student visa. Would my previous refusal have any effect on my fresh visa application?

Answer:
It depends on the refusal of your previous application. If that was because of using fraudulent documents or attempting to deceive the entry clearance officer, then it might effect your student visa application as well. Otherwise, the Visa officer should not take into consideration that previous refusal while considering your present visa application. 

Question:
I am living in Scotland. Do I need to come to your office to instruct you in relation to my immigration matter?

Answer:
No. You can send your documents by post and we can be in contact via emails, fax or telephone. Please note that we are regulated by the OISC being registered at the highest level and can handle a variety of complex / non-complex immigration casework including appeals, domestic violence applications, European applications, concessionary applications, out of immigration rules applications, naturalization applications and other casework.

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.