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Applications (from in the UK or outside the UK)

Applications

Working Visas

Tier 2 General Work Permit

If a UK employer wishes to employ a skilled person who is not an EEA national they may have to sponsor them under the Tier 2 General scheme. To do this the employer must be on the Tier 2 Sponsor Register. The employer must issue a Certificate of Sponsorship for the prospective employee and then the prospective employer must apply to the UK Border Agency (either in the UK or from outside the UK) for Tier 2 General leave so they can take up the job.

Tier 2 Intra-Company Transfer Work Permit

If a UK company has a foreign parent company and the parent company wishes to transfer a skilled employee from the parent company to the UK branch the employee can make a Tier 2 Intra-Company Transfer visa application from abroad. Similarly to the Tier 2 General application, the UK company must be on the Tier 2 Sponsor Register and it must issue a Certificate of Sponsorship for the prospective employee before the prospective employee can make the visa application.

Tier 2 Sponsor Register Application for Employers

For a UK company to employ a non-EEA employee who does not otherwise have any right to work in the UK they must first apply to the UK Border Agency to get on the Tier 2 Sponsor Register. Once they are on this Register they may then be able to issue a Certificate of Sponsorship and the prospective employee will then be able to make an application to the UK Border Agency to work for the company as a Tier 2 Migrant.

Sole Representative Visa

The Sole Representative Visa scheme is a scheme where a foreign company which does not have a branch in the UK wishes to set up a branch in the UK, and a senior employee of the foreign company applies for a Sole Representative Visa so that they can come to the UK and manage the new branch. Only one person from the foreign company can apply for this visa.

Tier 5 Temporary Worker Visa

This visa category includes various types of worker or performer, including creative artistes, sports people, charity workers and religious workers, who wish to come to the UK to work for a temporary period.

Tier 5 Youth Mobility Scheme Visa

This visa category is only open to people aged 18 to 30 who are nationals of Australia, Canada, Japan, New Zealand or Monaco, and it can only be granted once in a lifetime. It is granted for two years, and allows work in employment and limited self-employment.

Tier 5 Sponsor Register Application for Employers

An employer or organisation which wishes to employ someone as a Tier 5 Temporary Worker must apply to the UK Border Agency to get on the Tier 5 Sponsor Register. Then they may be able to sponsor an employee.

Tier 1 Post-Study Work Visa

This is a visa which allows people who have successfully completed a UK degree within the last 12 months to remain in the UK for two more years, and they are allowed to work in employment or self-employment without restriction. The Government intends to abolish this category in April 2012 but it is expected to remain in place until then.

Domestic Worker Visa

This visa category allows a person who has been working abroad for a private employer as a domestic worker (eg nanny, cook, chauffeur) to come to the UK and continue to work for their employer if their employer relocates to the UK. The person must have been working abroad for that employer for at least one year before they are eligible to apply.

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Investor/Entrepreneur Visas

Tier 1 Investor Visa

This is a visa scheme that allows wealthy people to invest large sums of money in the UK, in UK government bonds or UK companies, and thus obtain immigration leave. Depending on the amount invested (between £1m and £10m) the applicant can obtain indefinite leave to remain in between five and as little as two years.

Tier 1 Entrepreneur Visa

This is a visa scheme aimed at people who want to set up a business in the UK or who want to invest in and join an already-existing business. The applicant must initially show that they have at least £200,000 to invest in the business and they must eventually show that they have invested all the money into the business and that they have created at least two full-time jobs.

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Family Visas

Spouse (husband or wife) and Civil Partner (same-sex married partner) Visa

A person who is either in the UK or outside the UK may apply for a visa as the spouse or civil partner of a person present and settled in the UK, ie someone who has either indefinite leave to remain or British citizenship. The applicant must already be married when they make the application. The visa will be granted for two years and it allows the visa holder to work without restriction.

Fiancé(e) or Proposed Civil Partner Visa

A person who is outside the UK who is engaged to be married to a person present and settled in the UK (ie someone who has either indefinite leave to remain or British citizenship) may apply to come to the UK as their fiancé(e) or proposed civil partner. The parties must have already met face-to-face. The visa will be granted for six months and does not allow the visa holder to work. As soon as the visa holder arrives in the UK they can marry their fiancé(e) as soon as they are able to. They should in any case marry within the six-month period. Once the marriage has taken place the visa holder should then apply for a spouse/civil partner visa.

Unmarried Partner Visa

If a person has lived legally for at least two years in the UK as the unmarried partner (different sex or same sex) of a person present and settled in the UK (ie someone who has either indefinite leave to remain or British citizenship) they may apply for an unmarried partner visa, which will be granted for two years. This visa allows them to work. A person who has been living outside the UK in an unmarried partnership with a British citizen for at least four years may also apply under this scheme.

Dependent Parent or Grandparent Visa

An elderly parent or grandparent of someone who is present and settled in the UK (ie someone who has either indefinite leave to remain or British citizenship) may be able to apply for a visa for indefinite stay in the UK, but they must be able to show that they are wholly or mainly financially dependent on the child or grandchild in the UK.

Child Visa

If both the parents of a child under 18 living outside the UK are present and settled in the UK (ie they have either indefinite leave to remain or British citizenship) the child may be able to apply for a visa for indefinite leave in the UK. If only one parent is present and settled in the UK it still may be possible, depending on the circumstances.

Parent of Child at School Visa

If there is a child under the age of 12 studying at school in the UK a parent of the child may apply for a visa to live in the UK and look after the child. This arrangement is only possible as long as the child is under 12.

Victim of Domestic Violence Visa

If a person has leave in the UK as the spouse, civil partner (same-sex partner) or unmarried partner (either same-sex or different sex) of a person present and settled in the UK (ie someone who has either indefinite leave to remain or British citizenship) and they have experienced violence from their partner which has caused the relationship to permanently break down they may be able to apply for indefinite leave to remain in the UK on this basis.

Ancestry Visa

This visa scheme is only open to Commonwealth nationals. The main requirement is very simple: if a Commonwealth national can show that they have at least one grandparent (not a parent) born in the UK they can apply from abroad for a visa which, if granted, will be granted for up to five years. This visa allows the visa holder to work without restriction.

Dependant of Person with Limited Leave in the UK Visa

In some cases, people who are in the UK on limited leave (for example as Tier 1 Migrants, Tier 2 Migrants, Sole Representatives, Ancestry Visa holders etc) may be entitled to have their dependants (spouse/partner or children under 18) apply to join them in the UK for the period of their limited leave. If at some point in the future the person with limited leave applies for indefinite leave to remain in the UK their dependants may be able to apply for indefinite leave in line with them.

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Study Visas

Tier 4 Student Visa

A person can apply, either in the UK or from outside the UK, for a Tier 4 Student Visa either as a child student (from the age of 4 upwards) or as an adult student. The course must be a full-time course (of at least 15 hours per week). The Tier 4 Student must be sponsored by their school, college or university, which must issue a Certificate of Acceptance for Studies for them before the visa application can be made. In some cases it is possible for a Tier 4 Student to work, on a part-time basis.

Student Visitor Visa

A person who is over 18 can apply to come to the UK as a student visitor to study a short course. Student visitors are not permitted to work at all. The maximum period for the which the visa can be granted is six months, unless the course is an English language course, in which case it is 11 months.

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Visitor Visas

Tourist/Family Visitor Visa

Some countries are “non-visa national” countries, and a national of any of those countries does not necessarily have to apply for a visitor visa to come to the UK as a visitor. But a person who is a national of a “visa national” country must obtain a visitor visa before they come to the UK. A general visitor, who may have come to the UK to visit friends or family or to see the sights, must show that they will not work during their visit, that they have adequate funds and accommodation for their visit, and that they will return to their home country at the end of the visit.

Business Visitor Visa

Some countries are “non-visa national” countries, and a national of any of those countries does not necessarily have to apply for a visitor visa to come to the UK as a visitor. But a person who is a national of a “visa national” country must obtain a visitor visa before they come to the UK. If a person from a visa national country wishes to come to the UK for business reasons, for example to hold meetings or to sign a contract, they must apply for a business visitor visa. This visa does not allow the visa holder to “work” as such; it only allows a restricted range of business activities.

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Corporate Applications

include:
Tier 2 Sponsor Register Application
Sole Representative Visa Application for Sole Representative of New UK Branch
Visa Applications for Employees and their Dependants

Companies operating in the UK may require a range of immigration services. They may need to apply to get on to the Tier 2 Sponsor Register so that they can employ skilled foreign nationals to work for them in the UK as Tier 2 Migrants. They may also need assistance in applying for visas for their foreign employees and their dependants and possibly in some cases in applying for indefinite leave to remain for their employees.

Companies operating in the UK with a foreign parent company may particularly wish to employ foreign skilled workers; many such companies wish to employ highly-experienced employees from the parent company as Tier 2 Intra-Company Transfer Migrants.

Foreign companies intending to set up a branch in the UK may need assistance in applying for a Sole Representative Visa so that the branch can be set up and managed by a senior and experienced employee from the parent company.

We have good experience of all these types of application and we can give detailed and comprehensive advice to both UK companies and foreign companies as to the best way for them to achieve their objectives.

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Settlement / Indefinite Leave to Remain Applications

Based on Five Years Leave on a Working Visa

Many visa categories, such as the old Work Permit and Highly-Skilled Migrant categories and the newer categories such as Tier 1 and Tier 2, as well as some other visa types such as the Ancestry Visa, allow the visa holder to apply for Indefinite Leave to Remain in the UK after five continuous years in the UK on that visa. In some cases applicants can combine together combinations of different visas. Dependants may also be able to apply for Indefinite Leave to Remain along with the visa holder.

Based on Ten Years Continuous Lawful Residence

If a person has spent ten continuous years in the UK lawfully, without any significant gaps between their grants of leave, they may be able to apply for Indefinite Leave to Remain in the UK on that basis. Dependants cannot apply under this visa scheme.

Based on 14 Years Unlawful Residence

If a person has been living in the UK for the past 14 years, either unlawfully all the time or unlawfully part of the time, they may be able to apply for indefinite leave to remain on this basis. This scheme can benefit people who have come to the UK unlawfully or those who have come lawfully but overstayed. A strong application will require some good evidence that the applicant has indeed been in the UK for this period.

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European Applications

EEA Family Permit

If a non-EEA family member of an EEA national (for example a spouse, civil partner, unmarried partner, child, grandchild, grandparent,) who is outside the UK wishes to come to the UK to join their EEA family member they must apply to the British Embassy for an EEA family permit. If it is granted they are entitled to come to the UK to join their EEA family member.

EEA Residence Card

A non-EEA family member of an EEA national (for example a spouse, civil partner, unmarried partner, child, grandparent) who is already in the UK can apply for an EEA Residence Card so that they can remain in the UK with their EEA family member. This can benefit someone who is in the UK on any visa category or even potentially someone who is here illegally.

Settlement/Permanent Residence

An EEA national and their non-EEA family members can apply for settlement (permanent residence) after having resided together in the UK continuously for five years.

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British Citizenship Applications

There are two routes to British citizenship for an adult: (1) having been lawfully resident in the UK for at least the last five years and having held indefinite leave to remain/permanent residence for at least the previous 12 months; (2) if you are married to/in a civil partnership with a British citizen, having been lawfully resident in the UK for at least the last three years and having been granted indefinite leave to remain (at any time). There are also requirements about how long you are allowed to have spent outside the UK during the relevant period.

For children under 18 there is a different process called “registration”, the rules for which are more complicated.

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Asylum/Human Rights

If a person comes to the UK from a foreign country (either legally or illegally) and claims that they have come here because they have been persecuted in that country then they may claim asylum in the UK. This means that they are making a claim to stay in the UK as a refugee under the United Nations Refugee Convention. If their claim is successful they will be granted refugee status.

Such applicants can also make a claim under the European Convention on Human Rights, which is a similar instrument to the United Nations Refugee Convention but is not exactly the same. If both applications are made but the application under the Refugee Convention fails the application under the European Convention could still succeed. In this situation the applicant would be granted Humanitarian Protection, not refugee status.

More generally, applicants can make applications under human rights law in different kinds of situation. Many applicants, for example, apply under human rights law to protect their family and private life in the UK. A human rights application can be made by itself or in conjunction with another application. Similarly, if only the human rights part of the application is successful the applicant will be granted leave under human rights principles.

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US Immigration

US Immigration call on 020 3384 0191

We provide assistance with US non-immigrant visas, including B1-B2 business and holiday visits, as well as L1A and L1B applications for Intra-company transfers for applicants with managerial and/or executive roles and specialised knowledge roles in the UK companies who wish to relocate to the US branch of the company or open a new office there. We also assist with US immigrant visa applications (green cards), including marriage-based and family relative –based petitions.

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Miscellaneous

There are various other miscellaneous immigration applications.
We can prepare most types of UK immigration application.

Passport Sticker Transfer Application

If you have been given a new passport, because your old passport has expired or it was stolen, and you wish to have a new leave sticker (either for limited leave or indefinite leave) put into your new passport, you have to make a formal application to the UK Border Agency.

Contact us

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