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How to make a UK visa application for entry clearance

Applying for A UK Visa
Applying for A UK Visa

These include the following settlement applications:
spouse
fiancée visas,
Dependent,
Unmarried partner/ same sex.

How to make a UK Visa application for entry clearance
Recent changes to the Immigration Rules came into effect from July 2012, and also the introduction of new financial requirements under Appendix FM. The consequences of these changes means that sponsors considering applying for entry clearance will need to wade through a copious volume of documents, in order to know whether they meet the criteria. It always worth going through the IDI (Immigration Directorate Instructions) as this is the internal guidance given to staff, on deciding on an application. Most applications initially now have to be made on line, but a quick check on www.visa4uk.gov.uk will enable sponsors to clarify this.

A very brief summary of the changes in the financial requirements consist of the introduction of the new minimum threshold of £18.600. The probationary period of leave granted if successful in bunches of 30 months (2.5 years) ILR after 5 years. The sponsor would also need to produce documentary evidence of self employment, if he /she fitted into this category. If you don’t think that you will meet the minimum threshold, let’s say you earn slightly less £15,000 then you will need to have cash savings of at least £25,000 at the entry clearance/leave to remain stage. Only savings of £3,600 can be used  to make up for the shortfall.

At the indefinate leave stage  savings of £9,000 can be used if other sources of income add up to £9,600.

Now that’s a lot of loose change, and great if you have it in the current economic climate. In relation to partners, there are now new English language requirements. There are exemptions for English speaking countries.

see table below:

 

Total Savings held

Entry Clearance/Leave to Remain

Indefinite Leave to Remain

Amount which can be used

Income needed from other sources (that can be combined with cash savings)

Amount which can be used

Income needed from other sources (that can be combined with cash savings)

£62,500

(62500 – 16000) ÷ 2.5

= £18,600

None

(62500– 16000)

= £46,500

None

£40,500

(40500 – 16000) ÷ by 2.5

= £9,800

£8,800

(40500 – 16000)

= £24,500

None

£33,000

(33000 – 16000) ÷ 2.5

= £6,800

£11,800

(33000 – 16000)

= £17,000

£1,600

£25,000

(25000 – 16000) ÷ 2.5

= £3,600

£15,000

(25000 – 16000)

= £9,000

£9,600

£17,500

(17500 – 16000) ÷ 2.5

= £600

£18,000

(17500 – 16000)

= £1,500

£17,100

£16,500

(16500 – 16000) ÷ 2.5

= £200

£18,400

(16500 – 16000)

= £500

£18,100

EU Applications

Introduction of the 7 years Concession

Article 8 ECHR The right to family life

It looks like this is by far the best kept secret of the current coalition government. With effect from 13 Dec 2012 The Immigration Rules have been amended to introduce the 7 years concession. The concession is about assessing whether to grant leave to a family member on the basis of their family life with a child in the UK. The concession is all about recognizing the importance of stability for a child and the difficulties and implications of breaking off these links.

The guidance now sets out the new guidelines that will need to be considered .The guidance reflect the duty under section 55 of the Borders, Citizenship and immigration Act 2009 to have regard to the welfare of the child who are in the UK. So if the applicant has a genuine and subsisting parental relationship with a child who is under the age of 18, and is in the UK its worth getting professional legal advice, to see if it is worth applying. See requirements listed below:

The applicant has a genuine and subsisting parental relationship with a child who
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) it would not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.

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Tier1-5 PBS

Entry Clearance Applications   Applying for Entry ClearanceLorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum. It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).

Are you looking to invite a family member or a friend to visit the UK?

Visiting the UK

Family Visits

London is a great place to visit. There are so many attractions to see. But if you are looking to invite your relative or a friend (outside the European Union)is no straightforward matter. You will need to ensure that you do have the correct immigration status to start. So make sure that you check this out first. Further changes were implemented last year from July 2012 that resulted in tightening the family sponsor definitions in family visit visa appeal. So it is always worth checking, whether the person you are looking to invite will be affected by the changes. We are assuming here that the reader is the sponsor, if not, and you are the applicant just make sure you spread the word to your sponsor.

What if you have already made an application and the applicant has received a refusal decision from the Entry Clearance Officer. Well all may not be lost. You will need to consider carefully the reasons for the refusal, and whether it is worth reapplying, or if you have been granted the right to appeal , challenging the decision. Getting legal advice may be crucial here in determining your decision. Did you provide the correct information the first time? Did you fail to supply important financial information Does the applicant have sufficient ties in his home country to satisfy the Entry Clearance Officer that they are a genuine visitor?.Is the applicant in the category of family definition that has retained the right to appeal? This can easily be checked by looking at the refusal decision. Applicants have 28 days from service of the notice to appeal.

Non family members
Or maybe you are looking to invite a close friend, associate or friend to the UK as a tourist? There are many categories of visitors, which include general visitors, academic, business, sports entertainer visitor. Applicants must ensure that they apply for the correct visas, and meet the immigration requirements. General visitor may be admitted for a period not exceeding 6 months, there is provision under the immigration rules to extend for up to 6 months for other categories.