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 am a student here and would like to apply for a Tier 2 work permit to work full time in the UK. I am doing an English language course here and intend to work here full- time. What is the procedure?

Answer:
For a work permit, or Tier 2 certificate of sponsorship as it is now called, you must have a job offer from a UK based employer who has a Tier 2 sponsorship licence and is able to issue a certificate of sponsorship  for you. If the position is not one that is on the Shortage Occupation List, then the employer needs to advertise the vacancy and establish that they could not find a suitably qualified worker for the job from the resident labour force. The job will have to be at graduate level.  There are other requirements to observe such as English language capability and maintenance funds, as well as qualifications and prospective earnings, and you are advised to contact us for further details.

Question:
I came on a spouse visa valid for two years from September 2007 and have been residing in the UK with my husband. Now my husband has commenced divorce proceedings. Can I switch to Tier 1 or Tier 2 whilst remaining in the UK? If yes, can my stay in the UK on a spouse visa be counted towards my application for ILR in the UK?

Answer:
Tier 1 (General) is now closed.  Under the new Points-Based System, it is not possible to switch in-country from a spouse visa to Tier 2. You would therefore have to return to your country of origin to apply at the British Consulate there. Of course you would also need to ensure that you meet the points-based requirements of the category that you wish to apply for, and that you have adequate English language capability as well as the requisite maintenance funds. The time you have already spent in the UK only counts towards permanent residence in the context of the 10 year long residence rule, but, in any event, you can reach permanent residence after just 5 years Tier 2 status.

Question:
We have got a business in the UK and Ukraine. We require our business development manager who is working in our Ukraine branch office, to work for our London head office. Do we still need to advertise this position? What is the procedure?

Answer:
No. You do not need to advertise the position and a certificate of sponsorship can be issued for the overseas employee of the Ukrainian company under the Intra – Company transfer provisions. However the UK company would first need to obtain a sponsorship licence from UKBA and prove that it is linked to the Ukrainian company by way of common ownership.  This involves the submission of a substantial body of company documentation and it is advisable to seek professional assistance with this.

Question:
I am on a student visa and my visa is expiring in November 2009.  I have recently married my boyfriend who is on a Tier 2 visa valid until June 2011. Can I switch to being his dependant from my student visa without leaving the country?

Answer:
No. You cannot switch to become a dependant of a Tier 2 migrant from a student visa whilst remaining in the UK. You need to obtain entry clearance from your country of origin to join your husband in the UK.  If there are truly exceptional circumstances that prevent you from making travel arrangements then you can make an application in the UK outside of the Immigration Rules, in which case we would recommend that you should seek professional advice.

Question:
I have got a certificate of sponsorship to work as a chef for an Indian restaurant in London. Can I take part-time employment to work as a sales assistant at my brother`s grocery shop?

Answer:
No. You have been given authorisation to work only in the capacity of Chef for a particular employer and not to work for anyone else in a different capacity. However some supplementary employment is permitted but it must be not more than 20 hours per week, in a position at the same level and trade, and be outside of your normal working hours.

Question:
Can I combine my initial stay of Tier 1 General and subsequent stay under a Tier 2 certificate of sponsorship  to reach  five years in total to qualify for Indefinite leave to remain?

Answer:
Yes. It is now permitted to combine  time spent in the UK under Tier 1 and Tier 2 of the Points-Based System in any combination to complete 5 years for the purpose of applying for indefinite leave to remain in the UK. Of course it is also necessary to successfully complete a Life in the UK test before applying for indefinite leave.

Question:
I am a Tier 4 student and have recently done a PGD from Westminster University. Now I have got a Job offer from a UK based employer who is willing and able to issue a certificate of sponsorship to me. Can I remain here during the process of switching my status?  I do not want to go back to obtain the visa from my home country. Please advise if there are ways to switch while remaining in the UK.

Answer:
Yes it is possible to switch from Tier 4 student to Tier 2 status, but there are a number of points-based criteria to be aware of – you need to have 70 points to qualify, based on qualifications, prospective earnings, maintenance funds and English language capability. The employer must of course have a sponsorship licence and must also have carried out the requisite advertising. You are advised to seek professional help to ensure that your application is properly prepared and submitted in the correct manner.

Question:
I am a work permit holder and now finishing my fifth year of work permit residence in the UK. I will be eligible to apply for ILR in November 2011. My wife joined me as my dependant in June 2009. Can she also apply for ILR as my dependant in November 2011, together with my application? When would my wife and I be eligible to apply for British Citizenship?

Answer:
Yes. You can include her in your application for indefinite leave to remain, as she has resided here with you for the requisite minimum 2 years, and if your application is approved your wife would also be given ILR at the same time.  Please also note that both of you have to do Life in the UK Test to qualify for ILR.   Once you get your ILR you then have to wait for 12 months to apply for British Citizenship. When applying for British citizenship, there are certain requirements in terms of the number of days that you are allowed to spend  outside the UK over a 5 year period and you are advised to seek assistance now in order to ensure that you will meet the relevant requirements when you apply.

Question:
I have just switched from IGS to Tier 2 General visa. Would the time spent on IGS visa be counted towards the five-year requirement for permanent residence?

Answer:
No. Any time spent on a student visa or IGS or FT:WISS would not count towards the five-year requirement for indefinite leave to remain on the basis of either Tier 1 or Tier 2. You have to complete five years on your Tier 2 status to qualify for ILR.  Or if you complete 10 years lawful and continuous residence in total in the UK then you can apply for permanent residence on the basis of 10 years long residence in the UK.

Question:
I have lived here as a dependant of a Work Permit Holder for three years. During that time I have completed my degree level education. Can I switch to Tier 1 Post-Study Work (PSW) whilst in the UK?

Answer:
Please note that you cannot switch whilst remaining in the UK because one of the requisites of this application is that you must have been on a student visa to be allowed to switch to PSW whilst remaining in the UK. However, you can seek entry clearance from outside the UK but you need to fulfil all the other requisites as well, including the maintenance funds regulation.

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 will complete my five years residence in the UK. Can I still include him in my application for indefinite leave to remain in the UK?

Answer:
You can still include him in making application for ILR but you have to complete a separate application form for him and also pay a separate fee. This is on the provisos that he has continued to remain part of your household throughout and that he is not married or formed an independent life, and that he has remained dependant on you.  Please note that only spouses or children under 18 can be included in one application and paying one fee.