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.

Question:
I was granted three years leave to enter as the sole representative of an overseas business and I now need to extend my stay in the UK.  What do I need to show?

Answer:
Your employer will need to certify that you are still required for employment as their sole representative.  You will also need to show that the parent company’s headquarters and principal place of business is still overseas, that you have established a registered branch or subsidiary of the parent in the UK and that you are employed full-time in managing the UK branch.  The UK Border Agency will expect to see evidence that the UK branch has generated business in the UK in the form of accounts, copies of invoices or letters from firms with whom the company has done business.  (Of course, you will need to show adequate maintenance and accommodation).

Question:
I have lost the passport that contained my visa and now have obtained a new passport from my Embassy in London. What do I need to do to get my visa transferred to my new passport?

Answer:
You need to fill out an  NTL/TOC application form and provide all the relevant information and documents confirming your existing immigration status and submit it to UKBA. You will be given the visa valid for the same dates as your previous visa. The application can be done either by post (which will take between 4 and 12 weeks approximately) or you can submit the application in person at the one-day service at UKBA - this costs more but the matter will be completed in one day.

Question:
I have been residing in the UK for about 10 years now and would like to know how to obtain ILR on the basis of 10 years continuous  lawful residence in the UK.

Answer:
In order to make an ILR application on the basis of 10 years’ continuous lawful residence in the UK, you must establish that all your 10 years of stay were legal and continuous with no breaks of more than 6 months.  You also have to show that you were not outside the UK for more than 540 days in total over the 10 years. You will also need to do Life in the UK test. If you contact us we can examine your passports and advise you whether you qualify or not – if you do we can then inform you as to the documentation and procedure involved.

Question:
I came to the UK on a spouse visa together with my 7 years old son (from my previous marriage) but unfortunately my marriage did not work very well. My husband is an alcoholic and he used to beat me every day over trivial things. I reported him to the police and am residing at  accommodation provided by the Social Services. My husband has commenced divorce proceedings and is threatening to get me and my child deported from the UK. I am very worried. Can I do something to stay in the UK?

Answer:
Yes. You can apply for Indefinite Leave to Remain (ILR) on the basis of domestic violence. It does not matter whether you have completed your 2 years’ probationary period on your spouse visa or not, and you also do not need to pass the Life in the UK test to apply for settlement. We strongly advise that you seek professional advice in making this application as there is a lot of documentation required. Your son would also be granted ILR in line with you if the application is successful.  Once you have ILR, you can then apply for naturalization after a total of five years’ residence in the UK provided you fulfil certain other requirements as well.

Question:
I am a British/Pakistani Citizen and have been residing in the UK for 6 years. I regularly go to my home country every two to three months and stay at my parents` house there. I bear all the expenses of the maintenance and accommodation of my parents there. I have also employed two domestic servants for my parents in my home country who have been working there for two and a half years. Is it possible for me to bring one of the domestic workers here in the UK to work in my house in the UK?

Answer:
Yes. It is possible but it requires a large amount of supporting documentation to be prepared. For example, it would be necessary to show payslips, bank statements and contracts of employment to confirm that they have worked at your parents’ residence for at least one year. You would also have to show proof of your status in the UK and your need for them to work for you in the UK. We advise that you contact us to arrange a consultation so that we can go through the fees, procedure and documentation involved with you.

Question:
My overseas employer has appointed me sole representative of their proposed company in the UK. My role would be to open the UK company in London. In addition to this role, can I do any part-time job? If my overseas employer withdraws the position, can I switch to any other employment-related visa whilst in the UK?

Answer:
If you are on a sole representative visa, you are not allowed to do any part-time job whatsoever as you are only allowed to work as the sole representative of the overseas company.  And if you employer withdraws the job you would not  have any right to remain in the UK unless you had a claim for being an unmarried partner or family member of an EEA national or any other permitted category. You cannot switch to Tier 2 or any employment related category without returning to your country to make a fresh visa application.

Question:
I have been refused 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 it was because of using fraudulent documents or attempting to deceive the Entry Clearance Officer, then it might affect your student visa application as well. Under paragraph 320 (7B) of the Immigration Rules, you can be banned from re-entering the UK for a certain period if it is found that you have used deception in a previous application (irrespective of whether the application was successful or not). The only exception to this is if the application involving deception was made more than 10 years ago (or if you were applying in a close family member capacity).  If your previous refusal was not related to deception or some other breach of the Immigration Rules, provided your next application meets the requirements in place for that particular category, there should be no reason why it would be refused on the basis of the last application. It would be advisable though to take proper advice before making the next application so that you can ensure that you make a good application supported by the right paperwork, etc.

Question:
I came to the UK as a visitor in 1998 and got married to a British Citizen in 2000 and made an application to the UKBA for a spouse visa.  The UKBA took three years to consider my application and finally gave me a visa for three years. When can I apply for Indefinite Leave to Remain in the UK?

Answer:
Please note that UKBA did not issue you a spouse visa as this would have been granted for two years.  They have given you discretionary leave on the basis of your family life in the UK pursuant to Article 8 of the European Convention on Human Rights (the right to respect for private/family life).  You will therefore be required to apply for a further three years’ discretionary leave before the completion of the current leave and then at the end of a total of six years, you can apply for ILR in the UK. The reason that they have given you discretionary leave is that you did not have a valid visa at the time of your original spouse application.

Question:
I have been living in the UK since April 2002 as a student and now have recently completed my PhD. I have already spent 9 years and 3 months in the UK.  I heard that if I stay for 10 years I would be eligible for ILR/permanent residence status. My student visa is expiring at the beginning of December 2011. Can I combine the 9 years in order to complete my 10th year if I apply for a Post-Study Work visa or a Tier 4 student visa on the basis of a new course (ACCA)?

Answer:
Please note that by law you are required to complete 10 years of lawful and continuous residence in the UK in order to qualify for ILR. It can be a combination of any visas.  You can apply for a Post-Study Work visa and on completion of 10 years’ residence you can apply for ILR.  You could also apply for Tier 4 student visa and on completion of 10 years’ residence you can apply for ILR.

Question:
I am from Ukraine and married an EEA national who has been working in the UK since 2005. I married in September 2006 and entered the on a family permit and was later granted a Residence Card.  My husband has become quite abusive and has physically assaulted me so I have left him.  My Residence Card will expire next year. Can I for settlement on the basis of domestic violence?

Answer:
If you were married to a British citizen or a person present and settled in the UK, then you could apply for settlement (ILR) on the basis of domestic violence. Spouses of EEA nationals can also seek a remedy (apply to retain a right of residence) on the basis of being a victim of domestic violence but there are some requisites that you need to comply with, which are:

•    The marriage must have lasted for more than three years
•    You must have resided with your EEA national for at least 1 year out of those three years in the UK
•    Your EEA spouse must be exercising his treaty rights in the UK
•    There must be some evidence of the occurrence of the domestic violence
•    You must qualify as a worker or as a self employed person to establish that you would not become a burden on public funds
•    The domestic violence must be the reason of the breakdown of marriage and divorce proceedings must have concluded.

You are not yet divorced and you cannot yet therefore make any application on this basis.  You should consider either starting divorce proceedings as soon as possible or, if your husband is still working (or otherwise exercising his Treaty Rights), you could wait until you have completed five years’ continuous residence in the UK and the apply for a permanent right of residence.  You do not have to be living with our husband in order to do qualify but you will need to evidence his work throughout the five years and this could prove very difficult if you are not good terms with your husband.

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

Answer:
Eight months is a long time for the UK Border Agency to consider a student extension application. You could continue your studies and then make a further application for leave to remain as a Tier 4 student for the next course.  If you do not wish to stay in the UK any longer then you will have to withdraw your undecided application and leave the UK within 28 days of receiving your passport, otherwise you technically become an overstayer and this could seriously jeopardize any future visa application.

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