UK Immigration, UK Residency and British Citisenship | UK Resident

Our Experience During the HSMP to Tier 1 Transition

Sat, 21 Jan 2012 18:13:19 +0000

My husband and I decided to apply for HSMP visa back in 2008. As my husband was an IT specialist and had appropriate qualifications we decided that he was going to be the main applicant and I was going to be a dependant. One of our friends recommended the immigration advisor that could help us to apply to the Home Office as our application was outside the country.

After a telephone conversation with the advisor we were fully convinced that we were going to qualify for the points and started preparing all the necessary documents for the visa. We were gathering documents when suddenly we received an email from the advisor which was stating that if we still wanted to apply for HSMP we had to hurry, because on June 30 2008 it was going to be replaced by a new category called Tier 1 General.

Being in a real hurry we completed all paperwork and sent it to the immigration advisor ASAP. We got really lucky (at least we thought so at that time) as we managed to submit our documents for HSMP on time and our application was processed. The only thing that was left was to wait for the decision. It seemed ages when we got the letter in October 2008.

As it turned out it was not what we had expected in the first place. We received so called HSMP approval letter which was valid for 6 months. On account of the fact that HSMP was replaced by Tier 1 Category which was harder to qualify points and had also new requirements we had to update our batch of the documents and re-apply for entry clearance to the local embassy.

We had to qualify for maintenance funds category which was introduced as a new requirement of Tier 1 Category. We had to have £2,800 equivalent for main applicant on the bank account for 90 consecutive days as evidence of sufficient funds and £1,600 equivalent money for each dependant. So the total amount for two of us was £4,400 equivalent which was a huge amount, especially we didn’t plan that as this requirement hadn’t existed before.

The news came a bit of a shock for us. We were so frustrated and thought that we would never be able to meet the criteria. The only good thing was that the HSMP approval letter was valid for 6 months and the money had to be in the account for three months, on the whole we had three months to save that money. So we made a decision to sell some things and receive some amount of money for it, then put it straight to the bank account.

Telling story short with floating currency we had managed to keep the required amount in the bank account for three months. After three months we had had all the appropriate documents and finally we were able to apply for Tier 1 visa to local embassy. We had to pay the reduced fee of £250 for each application. Finally after all trouble we received our Tier 1 General for three years in February 2009.

My Fianc�e Visa Nightmare

Sun, 08 Jan 2012 19:34:59 +0000

My story with UK immigration started in April 2009 when my fiancé proposed me marriage back in Argentina. We were absolutely unaware of how invasive is the process and just living our love history , feeling that we couldn't handle the pain to separate from each other again then we decided to share our lives forever.

We started investigating a lot , we struggled to get information from the official website ,then we found this forum that was very helpful .
We read plenty of histories, of couples like us sharing the same dream, and others immerse in the nightmare of the process applying for the same visa for second time , I was very upset when I read that and that some people applying for the fiancé visa waited several months.

In that moment you just think that the wait will finish the magic in your relationship but we decided to go through all of that then checked many times the list and did questions to the lawyers and finally put all the information together and decided was time to start the process, we filled and signed the form VAF4 together in Argentina and my fiancé wrote a list of what he should send me ,then he travelled back to England and we kissed each other like we was going to met the next two months but it was really uncertain .

As soon as my fiancé arrived to UK he put hands in what needed to be done, he took pictures of the accommodation ,the landlord signed the letter of agreement , I printed every one of our emails, callings.

He showed me by camera a beautiful engagement ring that he bought for me and he had to put the ticket in the folder as part of the evidence !.
He went to book a date for our marriage and choose the Greenwich park as the place for our civil marriage ,he send me the pictures and I was dreaming awake as was a beautiful place with a rich history ideal for a couple to get married .

He ask them to send a confirmation of it but they said that they just can do that once I get my fiancé visa ,after some insistence they agreed to send it by post but it never happened.

We didn't want to wait more ,he send me a folder full of documentation my appointment was booked but I was still waiting and constantly calling to check that the documentation arrived to Buenos Aires days ago but it was not still delivered to my town . I spoke with to manager of the post service who apologized after I explained him that I had an appt with the embassy then finally didn't arrive on time , so I had to book another appointment.
The day of my appointment I arrived to Buenos Aires 05 a.m. ! so I had to stay in the terminal many hours , finally I took a taxi to the embassy and arrived 1 hour earlier , I was the only one waiting for an appointment.

After a short wait they called me the officer took my biometrics , a picture and my folder, we had a short chat where I told her when I was going to get married and other few things that didn't matter for the process, I wish it did ( they don't interview in Buenos Aires ) the officer told me that my documentation will be send to New York and they will communicate to me how is going the process.

When I leave the embassy I felt relief and went straight to tell my fiancé the details of what happened.

One week after I received an email that said that they received my application and that they will be processing it as soon as they can ,days passed without news and finally 10 days later I received another email telling that my application was ready to pick up in Buenos Aires.

We forgot to pick the delivery service so I was about to go and pick it myself but considering the 5 hours travel again etc I booked a service to go a pick it and was very temped to tell them please open the package and tell me what is says ! finally after some days they bring me the package I opened it and was a form in the top that I didn't read I just went straight to my passport and was a rectangular black stamp with some numbers on it that didn’t look like a visa at all.

I started reading the form that they send along with my documentation , my visa has been refused ,I was absolutely devastated I read it many times before to communicate the bad news to my fiancé ,they said in others words that we didn't have a confirmation of a date to get married and they send a form to appeal.

We felt that was unfair, in many emails that we send of our conversations we mentioned the date , we read a lot about appeals in the forum and seems like with was going to delay a lot and was uncertain then we evaluated that we should forget a bit about this and just go as a tourist for one month to visit him as I don’t need tourist visa and the process was so stressful , but we realised that even that they was very likely to not allow me in the UK as a tourist because of my refused visa . Finally we decided to go for a fresh application one month later.

This time was allowed !!!!!!!! thanks God and the good advices from Victoria ,John and other lawyers in the forum

From Tier 1 PSW to Tier 2 General, you can do it too

Sat, 07 Jan 2012 05:06:21 +0000

I decided to come to the UK in 2003 to study Computer Sciences in Manchester. I was 18 at the time and I was happy that I would have the freedom and independence at such a young age; and worrying about visas and immigration was the last thing on my mind. My family was living in Dubai, where the GDP per capita and the income levels are much higher than the UK, so staying in the UK after graduation was not an attractive option for me financially.

I finished my degree in 2006 and happily went back to Dubai, got used to living there again fast and easy. Having a UK degree in my CV gave me an edge in my job search (not that many UK graduates back in the time compared to 2011!) and I started working as a junior web developer in a multinational company. As time went by I got promoted, and I was very surprised when my company wanted me to do a Master’s degree in 2009, giving me a choice of either studying in America or the UK. I chose the UK because I was used to how things worked there and it took 1 year to complete as opposed to 2 years in America. However, this time I wanted to study in the south of England - Sussex University Msc Advanced Computer Science seemed like the perfect option.

I met my girlfriend during the first term of my studies. She was also a student at Sussex University and was planning to live and work in the UK for the rest of her life! Our relationship progressed and as my plan was to stay in the UK for only a year, I was forced to make a decision between my career in Dubai and my relationship in the UK. In January 2010 I made a big decision and terminated my contract with my company in Dubai, agreeing to pay the full tuition and living costs of my postgraduate studies in the UK.

Not knowing whether I made the right decision or not, I focused on my final project, which was due early September 2010. My plan was to look for a job right after finishing my project (I wasn’t sure about this so I had to go through a lengthy research process but all other forum member please remember, you are legally allowed to work in the UK if you finished your studies and are awaiting your higher education qualification) and apply for a Tier 1 Post Study Work visa in February 2011, when I have my diploma. I wasn’t happy with my situation as I would have to convince an employer to hire me without holding a vaild work visa. The miracle happened just in time before I completed my project, when one of my classmates whom I came to be good friends with over time asked me to work with him at IBM in London! He was asked to complete a Master’s degree by IBM and was looking for new team members to work with.

Without a doubt I accepted his offer and my visa plans changed after we had a chat about my visa situation. As my girlfriend wanted to settle in the UK and did not want to live in Dubai, I needed to take immigration more seriously. So even though I was a bit hesitant and shy at first, I decided to ask him if he would be willing to help with my situation. My friend (now my boss) accepted to ask IBM to sponspor me, and rather than applying for Tier 1 PSW, I applied for Tier 2 General in February 2011. I got my visa in less than a month and now I’m so much closer to IRL (Indefinite Leave to Remain) than I would have been with Tier 1 PSW.

My girlfriend finished her degree in July 2011 and got her Tier 1 PSW in September. Now she is in the process of setting up her own business and I’m commuting to London three times a week from our flat in Brighton. We are planning to get married in a few years time, after she switches to Tier 2 General.

My advice is, if you are serious about ILR and if you believe you are the right person for a specific job, do not be shy to ask your employer to sponsor you. I know the Tier 1 PSW route will be abolished in April 2012, but if a similar visa route comes into effect and if you already found a job before your current visa expires, explain your situation and see what happens next. Many employees think employers will shy away if they think they will have to deal with an employee’s visa problems. However, if you are positive with your situation and if you can convince them all you need is some simple documents (for Tier 2 sponsorship), they might be happy to help. Give it a go.

Fly In A Spider's Web - A Truly Tragic UK Immigration Experience

Mon, 02 Jan 2012 15:55:33 +0000

That's how we felt when we were stopped in Dunkirk by UK Borders Agency. We werent expecting any trouble and as an expat it felt familiar to hear an english voice again, with me was my American fiancee and we had just been reunited in France after she had returned from a 6 month trip to Oregon, USA.

We had already lived together in Ireland for 3 years but her residence card had expired in the meantime, I foresaw no problem as she would get a 3 month entry and we were just passing through the UK to Ireland, and we planned to come back to England for Christmas to be with my elderly mother as we had done for the last 3 years.

Tired from a 500 mile drive we happily showed our passports and Monica was quite transparent feeling like she had nothing to hide,she didn't plan to come back to Ireland to live, just to gather her things and spend some time together.

My sister had offered her house in the Cotswolds if she wanted to stay in England.The officer, (name removed for privacy reasons),fed her questions which she answered disingeniously, whether she had an address in the States to which she replied no. He relayed this to his counterpart in Dublin in such a way that they refused her entry to Ireland, when I spoke to them without his input a month later they had no problem giving her 3 months, so I don't know what he told them.

I still assumed we would be given entry to England and he asked us about our finances and we were able to show him 2000 euros. He dismissed this as insignificant so Monica went to look for a financial statement in her papers in the back of the car including unopened post. Atkins grabbed these and went to his office, on his return he said he had opened her post and gone through her papers and found a prescription for anti depressants and something about euthanasia that I was not privy to.

He declared her mentally unfit, it's true Monica was depressed and I had persuaded her to get the prescription in case she felt she could not cope, but she had never used it.More damning a good friend of ours had offered to copy her signature as her Irish immigration application for a new card had been returned with something unsigned.This was still in a sealed envelope as she had not got round to opening her post and was without her knowledge. Neither was there any motive of fraud or profit.

On these grounds he refused her entry and blackened her file with these allegations. We had no choice but watch our ferry go without us, his attitude was horrible. He asked what her last job was and she told him she worked as a loader at Fedex for 15 years. He scornfully said the UK didn't need any loaders but at no time did she have any intention or need to work being entirely financially independent. He wanted to know what make and year her car was as if that was some kind of character reference.

To me he said 'I see your passport was issued in South America Sir, we don't like world citizens but as you are a British citizen I have to let you in. Presumably referring to my ex-pat status.

If you want to have your character assassinated this is your man! I asked to see his supervisor and pleaded with him that Monica was at a very vulnerable time, spoke no french and I was concerned for her safety, but he just told me to stay with her. I tried to explain to him that the trip had put me into debt and if I did not get back to work I would lose my job, to no avail.

Unlike Monica I am a struggling self employed farmer and had to get back to tend to my farm. But at no point were we allowed to go online and prove her assets worth more than half a million, she just lived off the interest. I had to take her to the station to go through the expensive and lengthy process to get a visa and I bitterly regret that I carried on the journey without her as all our tickets were non refundable and I wanted to have a home and business intact for us to return to.

I thought I'd see her in a few weeks, but that time was the last time I ever saw her. She paid 180 euros in total and had to surrender her passport so she was trapped in Paris in a hotel,alone and depressed.The weeks turned into months, she missed Thanksgiving and was refused the first time because they said they did'nt believe her bank statement written in black and white.

In disbelief she tried again and her last message to me was that she was going to be stuck there for Christmas.I told her to demand her passport and join me in Ireland where she had permission, once I had told them the true situation without (name removed for privacy reasons) twisting her words,even if she was not allowed into the UK.

But it was too late, on December 19th as I was getting ready to meet her she took her own life in despair. She was only 42 in good health, a lover of the outdoors and a graduate with everything to live for until this kangaroo court pushed her over the edge. As an Englishman I'm ashamed and indignant that these arrogant power trippers are employed by the Border Agency, so watch out, they have no compassion and are full of xenophobia.

Draconian Immigration Policies and the Disadvantaged Minorities

Tue, 27 Dec 2011 16:31:41 +0000

The conservative British Prime Minister Mr David Cameroon promised that he will reduce the numbers of immigration down to thousands as it was in the 1990s from the hundreds of thousands in his time in office. In the developed western countries immigration has always been a serious issue for the government and a hot topic for political parties in general elections. It is also the case that a majority of the population are against immigration from outside the country. The general public fear job losses or tougher competition in jobs, increased pressure in public transports, schools, hospitals and so on. To be perfectly being honest, it can not be denied that these fears are not genuine concerns especially in the current time of high unemployment and economic crisis. On the other hand, it is often the case that minorities are marginalised in the game of majority politics. Countries such as, United Kingdom, is truly a multicultural nation. There are people from around the globe in varying numbers depending on the historical or other connections with the Britain such as people of Indian origins and former colonies, ex-British Ghurkhas Army and their families and the British Commonwealth citizens. In addition, there are significant numbers of new European migrants under the European Union Treaty.

Obviously immigration means increase in the size of the existing population which naturally demands increased level of services in most public sector areas. It is not surprising that the political leaders and its parties try to please the sceptical majority to gain votes in election. However unfortunately it is often the case that political parties exaggerate the actual effects of the immigration in inflammatory languages to woo the conservative electorates. They misinform, mislead, use provocative languages and play with the psychological fears of the general public. The opportunist politicians tactfully play with the fear of the public, and they are able to manipulate and gain election success. After the formation of coalition government in May 2010, the coalition adopted a general policy on in Immigration and Equality, amongst other areas of policy making, which was published on 20 May 2010. Its main features can be summarised as follows: a) Annual limit on number of non-EU economic migrants; End detention of children for immigration purposes; c) Create border police force as part of Serious Organised Crime Agency; d) New measures to minimise abuse of student visas; e) Citizens from any new EU member states to be banned from working in UK for a transitional period. The Conservative’s promise to cap annual migration featured strongly while the Lib Dems' commitment to an amnesty for illegal migrants who have been in the country for more than 10 years was wholly absent. The document was also silent on what will happen to the estimated 500,000-plus illegal migrants living in the UK with no mention of increased deportations or plans to give them a route to citizenship.

Although the policy, at least on the face, seemed to use a moderate tone and language, the Home Office run by the Tory ministers, adopted a very harsh policy on admission, compliance, and enforcement of legal/illegal migrants, asylum seekers and refugees to reduce the immigration numbers. The Home Office has made numerous policy announcements and changes in immigration rules during the last one and half year period. The Home Secretary Teresa May announced in parliament in June 2010 that immigration will be controlled by new limits. Consultation was published on the annual limit for Tier1 and 2 and Interim limit announced for Tier1 and Tier 2 in July 2010. On 24 November 2010 the government announced the closure of Tier1 (G) from April 2011. Annual limit of 20,700 for Tier2 /work permits from April 2011 was set. On 4 July 2011 Changes to student visa rules brought into force. On 13 July 2011 the government launched consultation on family migration. On 23 November 2011, it extended the employment restrictions for Bulgarian and Romanian nationals.

On 16 November 2011, Migration Advisory Committee (MAC) recommended to set a new high income threshold to bring in family in the UK from the overseas. The MAC in its recommendation stated that ‘The MAC recognises that family migration regulations are not determined by economic factors alone. But it is an economic issue – required family income – that we have been asked to address. On this basis, the present income stipulation is too low. The MAC suggests, instead, a minimum gross income figure to support a two-adult family of between £18,600 and £25,700. We estimate that nearly two thirds of sponsors would not have sufficient gross income to meet the higher of these thresholds’. From this report it was clear that almost two third of sponsor will not be able to bring in their loved husband, wife or children if the higher threshold is implemented. Please note that the MAC was asked by the government to recommend on ‘economic basis’ alone and not other considerations.

It is now the government’s turn to consider and respect the minorities’ basic human rights, the likely adverse effects, the need to strengthen and empower communities, legal, social, political and other considerations. It must be recognised that the most likely victims of these potential high income threshold rules are people from the ethnic minority communities. Further if the recommendation is implemented, it may be discriminatory on women since majority of the spouses who require visa or entry clearance to come to the UK are dependent women after marriage with a UK resident. If a set of rules target certain sections of the community or disproportionately disadvantage a certain group, it may be illegal under the European Convention on Human Rights. The potential damage it may cause in community relations and co-existence of the communities will be enormous. It will badly damage the peace, harmony and relationships between the majority and ethnic minority communities living together in the UK.

About the Author:
Mr Deepak Bhattarai is the Principal at Bhattarai & Co. Immigration Practice.

Where there is a will there is a way. Do your homework well.

Sat, 17 Dec 2011 22:56:41 +0000

My immigration story began… I must say in September 2007 when I’m came to England as a university student. As years went by, I was so used to living here and being a part of the life in the UK, I realized I did not want to go back after I finish my studies in 2011. Also with Tier 1 Post Study Visa coming to an end in April 2012, I thought this was a sign that I had to apply for it and see what happens afterwards. However being 21, I was still not completely independent from my parents and guess what? They did not want me to go back to the UK after graduating - at all! As I share my story with you, you will see July 2011 – October 2011 was a difficult period for me, but with patience, determination and a bit of rigorous research, I was able to overcome the challenges.

First of all, even though I consider myself as a good researcher, I did not do my homework well enough for the kind of visa I was applying for. Do not make my mistake! When I went to a Post Study Visa information session in June 2011, I was pretty certain I would come back to the UK on my student visa in September (as it was not going to finish until October 2011) and apply for a visa from the UK. If I paid in £800 into my UK account in June, the 3 month period would have been up by September and everything would have gone smoothly. However to my surprise, I found out that I cannot actually enter the UK after my graduation on a student visa, and once I change to a tourist visa to enter the UK, I cannot apply for a Post Study Work visa again!

At that time (June 2011) I did not have the £800 in my bank account (has to be there at least 3 months prior to the application) to apply for the visa before I leave the UK in July. My advice to all is to make sure you have the required amount not just for a 3 month period prior to your application, but to put it there and forget about it at least 6 months before your application. When I read the forums over the summer, 80% of the questions were about the finances, and most were about the time period being short of 90 days prior to the application – an aspect of your immigration process which can be solved easily if the instructions are followed attentively.

The only alternative solution was for me to ask my father to pay in £2800 in my own account in Turkey immediately (he did this very reluctantly), wait for three months in Turkey and apply in September 2011. However, there was something I did not realize – my dad opened a fixed deposit account on my name and the UKBA is not 100% comfortable with fixed deposit accounts as rules differ in each country! I spent the summer reading various forums and found out that the best solution was to ask your bank to produce an individual letter for you mentioning your fixed deposit account situation. Turkish banking system does not allow this, but I contacted the headquarters (I told you it was not an easy summer!) and they agreed to do it as a one off to help with my case. So do not give up easily.

In addition to my visa specific problems, I had to convince my parents to give me their support (emotionally and financially) with me going back to the UK and I did this step by step throughout the summer by being very patient with them and explaining the reasons why England is better suited to my careers aspirations. Most of you will not have to deal with a similar situation but if you are a bit young to be migrating to another country like me, my advise is be very patient with your parents and show them what you really want. After all they want the best for you and even though most of them will prefer it if you stayed close to them physically, at the end they will see that this is not what will make you happy.

On the 30^th of September I received my visa and I arrived to the UK on the 8^th of October. Since then, I have been working part time for a social media management in London and working on setting up my own business in Brighton. Everything is going really well for me so far and even though I had the toughest summer of all, I can definitely say it is worth the effort. It was a bit challenging at the beginning as I had to re-adjust to life in the UK as an adult (not a student anymore). This did not only include looking for a job, but also setting up council tax payments, applying for a national insurance number and creating a joint bank account with my partner. It has been a bit more than two months since I came here and I can say I am almost fully adjusted and looking forward to seeing my business take off.

To sum up, if you think the UK is the right place for you, do not give up! The immigration process is bothersome, time consuming and frustrating at times but this is just the way it is. It is better to accept that you will face some difficulties (especially if you have not done your homework well like me!) but I hope my story proves that if there is a will, there is a way. Best of luck with your application!

Making the Move from Malaysia to UK, our ILR journey

Thu, 15 Dec 2011 05:43:55 +0000

I met my Malaysian wife in Kuala Lumpur in 2003. At the time we were enjoying the now and not even thinking about the future. As time went by, however, and we were still together, we took stock of our lives and decided that maybe it would be a good idea to try to set up our lives in England, my home country. We had been in a relationship and living together for about 5 years; we had no kids and were not married.

In December 2007 I decided to quit my job in Malaysia and this meant my work visa was no longer valid and I had to return home early 2008. So we took the opportunity to start the process to get a visa to live together in England. We decided that we would live apart for a year whilst I got a job and prepared the way for us - me in England and my wife in Malaysia.

The first step was for my wife to compile all the evidence required to apply for an unmarried partner visa. We had to prove that we had been together for two years and living in a similar way to a husband and wife. To be honest we hardly had any official letters in our joint names but nonetheless she managed to put together a pack and submit it to the British High Commission in Malaysia in January 2009. Once we got the interview date in March 2009, I booked a flight and came over so that I could support her. The interview went well and the slightly haphazard pack of papers my wife put through was sufficient for the officer to grant us an unmarried visa for entry into England for two years. We were given very little instructions on what woud happen next so we just booked a flight and away we went!

The most difficult experience with the first stage was that I wasn't with my wife at the time she was applying for the visa and the difficulty I experienced in trying to get questions answered as the UKBA website was very poor at that time. No one would answer my emails properly; all I got were automated replies. Plus the fact that we were not told that I was not really required at the interview but they did let me join in at the end.

Once we were together in England in May 2009 (we deferred the start of the visa till then) we stayed with my parents as I did not own a property at the time. Eventually we moved out to our own flat and continued to live together. A year down the line and we hadn't done anything but enjoy ourselves living and working in England. We had also taken a 3 week trip back to Malaysia for a holiday in May 2010. In June 2010 my wife gained her UK driving licence after the year on her interational licence was up. She should have done her tests during the year but my nagging fell on deaf ears. About a year and a half later in November 2010 we found out, to our joy, that we were pregnant. This was great news and this really hammered home the need for us to get our acts together and look at what we had to do next.

We stepped up my wife's studying of the Life in the UK text book as we had not really put my much effort into it before. We mainly studied with a DVD ROM using practice questions because the book was quite hard going. In February 2011 my wife took another trip to Malaysia for 4 weeks this time.

We mistakenly thought that we had to wait 2 years before my wife could take the test so when she finally got around to taking the test she was about 5 or 6 months pregnant! She did really well and passed. She did note that by just doing mock tests on a DVD ROM she had not studied for all the questions that came up on the test. All in all, the testing experience was quite good for both of us as the people at the test centre in Southampton were very nice and not at all officious.

After the test we submitted our set M application still as an unmarried couple in early June 2011. However, we did not want to have the baby as an unmarried couple so we got married in mid-June 2011. It was a stroke of luck as the Certificate of Approval scheme was coming to an end so we decided to wait till it was abolished before starting the process to get married. I did not fancy having to apply for a COA so close to having to submit similar documents for Indefinite Leave to Remain. Once the COA was abolished, getting married at a registry office meant having to give notice in an approved registry office as not all offices can do this for couples with one non-EU citizen. We then got married at our local registry office.

Before we applied for ILR, I tried to get advice on what to do at this point - should I wait until we were married to apply as a married couple or just apply as unmarried couple as time was running out - the unmarried visa ran out in August 2011 and that was when our baby was due too! In the end we did apply before we were married. I did submit a covering letter but omitted the fact that we were getting married as I thought it may muddy the waters. The letter was mainly explaining why there were hardly any letters in our joint names again! We were never very organised in this respect.

The pack I submitted was stuffed full of pay slips and bank statements. I also provided letters for both of us covering our entire time in the UK. We used anything official such as utility bills, NHS letters, mobile phone bills etc. We had at least learnt that we should keep all the letters, bank statements and payslips while we were in the UK but we only had a tenancy and bank account in our joint names.

To pay for the ILR I supplied our bank details. They took the money almost immediately. I was really worried that we may lost the money due to not submitting a valid application but not worried enough to enlist the help of a solitor. As directed, I photocopied everything twice and sent off a massive pack. It took about a week or so to prepare all the evidence and submit the paper application. I really did not like the idea of doing it online as it seemed that the evidence required for an online application seemed to differ from a paper one.

In July 2011 our baby arrived a week and a half early. The day after, about 7 weeks later after we sent off the pack, the letter confirming my wife's successful ILR application arrived.

In addition, my wife had a job when she fell pregnant and had no problem getting maternity leave and pay. We also found out that if we had an active application, going over the time on the visa would be OK. If we had known that we could do the Life in the UK at any time I like to think that maybe we would have done it earlier and submitted the application as soon as the 2 year qualifying period was up... but who am I kidding!

Convert South African Licence to a British Licence: Excellent Assistance from the DVLA

Tue, 29 Nov 2011 08:03:54 +0000

Just after we moved into our new house in the UK I had my handbag stolen. Suddenly I was without a passport, bank cards and my driver’s licence.
I had a South African driver’s licence which I could use in the UK with the condition that it is converted to a UK licence within one year. This straightforward process suddenly turned into a logistic nightmare.

After some research on the Internet I found the RTMC’s website and applied for a certificate of proof of my South African driver’s licence. I was quite impressed with the service as South Africa is not known for efficient service from government departments. The initial certificate had some mistakes so I had to contact them again to correct that. All of this took time and with my South African licence expiring at the end of February 2011 I knew I had to act quickly.

I went to the DVLA’s office in Wimbledon in January 2011 hoping the certificate from South Africa and a copy of my stolen passport would be enough to apply for a British licence. I still didn’t have my new passport which I applied for in October 2010. The DVLA, however, wanted to see my original passport with my visa and not a copy. I was quite distressed and must say the officers were very understanding and helpful. One suggested that I write a letter to explain my situation and submit the application. Even if the head office refused it, I could at least prove that I did start the process. It made me feel a bit better, but I started having visions of redoing my licence in the UK and it wasn’t a pleasant idea.

I eventually got my new passport at the end of January. It was at the South African Embassy in Trafalgar Square from the end of December but they didn’t bother to notify me as they promised to do. Answering telephones is also not high on the Embassy’s priority list.

Now I had the passport but still no visa. I couldn’t go to the UKBA office in Croydon to have the visa replaced because my initial visa was wrong and therefore I had to post the passport with the letter from the Border Agency in South Africa to the UKBA. I called to ask if I can’t come in to the offices to do it, but there was no option, it had to be posted and they couldn’t give me and idea how long it would take.

The end of February was approaching quickly and I got quite desperate. I even called a lawyer to see if there was a way they could speed this up, but again there was nothing they could do.

I decided to call the DVLA to ask if there is any way I can apply for my driver’s licence after the expiry date if I submit proof of the fact that all my documents were stolen. The lovely lady at the DVLA had a far better solution. She said I could apply for my licence with my new passport even if I don’t have the visa yet. At the DVLA they can check the validity of the visa with the UKBA office in circumstances such as this. A load suddenly fell from my shoulders and I went back to the DVLA offices in Wimbledon the next day.

After four months without a licence I could suddenly drive again. It is sometimes just necessary to ask.

SURPRISE! YOU'RE APPROVED! How I got my Visa in 24 Hrs.

Sat, 01 Oct 2011 10:09:19 +0000

My husband and I began the marriage visa process under less than ideal circumstances. We had been married for a month. We had known each other for six years but never lived together...or even in the same country. Neither of us had a full-time job. Sounds like the perfect set up for a denial, right? Wrong. My visa to live in the UK as the spouse of a British citizen was approved in 24 hours. It took a lot of research, a lot of scanning and copying and obsessive attention to detail, but we are proof that it can be done.

With the ink barely dry on my marriage license last May, I googled "UK Marriage Visa." My heart dropped, my pulse raced! There were nearly a million results, everything from discussion forums to ads for visa experts to news articles on sham marriages. The posts from people in trying to get a visa sent me into a blind panic. So many problems! So much red tape! So few clear-cut answers! I considered hiring a visa agency, but it was an extra $1000 on top of the government fees of $1337 and we didn't want to spend more money.

Instead, I went straight to the source Visa4UK :: New Visa Application and started the application on-line. It's simple enough, until you reach the point of gathering your supporting paperwork. The UK government wants proof that you can support yourself or your spouse can support both of you without dipping into public assistance. There's no dollar (or pound) figure that you have to reach, no hint of how much money will be considered enough. This ambiguity is one of the most frustrating aspects of applying for a visa, even more so when you don't have a job!

My contract as a TV reporter ended a month after our wedding and I had no firm offers in the UK. My husband was in between contracts with the military. Instead of letters from employers, we lined up proof of our earning potential. I gathered six months of pay stubs, tax returns for the previous two years and a year's worth of bank statements. My husband sent in two years of tax records, pay stubs and a letter from the Defense Ministry. On top of that, we had a combined $50,000 in savings and more money in pension and 401k accounts. All together, it created a picture of a couple that could make ends meet and may have overshadowed the fact that we did not have guaranteed weekly paychecks.

Then there was the issue of us. We had a six year long distance relationship. We never lived together. So we had to show proof that our relationship is real and genuine, and that it will last. Obviously, a marriage license was not proof enough. We had sent each other millions of emails and text messages over the years, but unless you save all emails, there is no way of recovering a record of correspondence from an email provider. Phone records are even worse. Phone companies do not keep logs longer than a few weeks.

My husband has been flying to the US regularly for the past six years and some of those records were available. We included a copy of his flights dating back two years, a handful of six month old emails and our outrageous wedding bills. My husband figured it would only take one look at the money we spent on the reception to know our marriage was not a sham! I wasn't so convinced, so in addition to all of this, I sent a record of my own flights to the UK, pictures of us and his children on different vacations and a letter from a dear friend explaining when she first met my husband. Just like with the financial documents, I believed we needed to send more than enough, instead of just enough.

There were other letters to explain how we met, why we married and why we wanted to move to the UK, including a very thorough Letter of Intent. You can find scores of templates and Letter of Intent examples online. I typed up one letter explaining why I had so many passports and had visited so many countries (it comes with the job), and another letter explaining my various names. Once I was sure I had all of the paperwork,I ran through the on-line application one last time and hit send.

It can take anywhere from one to three months to process a visa application and I couldn't be without my passport for that long so I chose to pay for expedited service.

http://www.ukba.home...me=UK%20English It's a little pricey but it cuts down the processing time to 15 working days.

Once I completed my biometrics appointment, I printed out the full application, made sure the supporting documents were organized and easy to access, then paid the expedited fee of $300 for "settlement priority service." https://www.visainfo...tlementpriority It's important to follow all of the instructions closely, like sending the application overnight priority mail and writing "settlement priority service" on the outside of the FedEx or UPS envelope. I took a deep breath and dropped it in the mail. The package went out on a Monday afternoon. Tuesday morning, I had an email in my inbox confirming the application was received. Wednesday morning I had another email announcing my visa application was approved! By Thursday afternoon, my passport was back in my hands, settlement visa stamped inside. Sure, there was a lot of work, printer ink and husband nagging involved, but it all paid off in the end.

MY TIPS: -BE ORGANIZED! The better organized your supporting documents are, the more quickly visa agents on the other side can check them.

-OVERDO IT! It's the opposite of Coco Chanel's advice on accessories: when you think you have enough, add one more supporting document just in case

-FOLLOW THE RULES! You don't want to be denied or held up because your photo does not meet UK requirements or because you waited too long for your biometrics appointment

-EXPEDITE! I don't know if it would have taken months to process my application without the expedited service. I suspect it would have taken a lot longer than 24 hours. And paying more to jump to the front of the line is worth the peace of mind alone.

Painfull Experience in Getting Refund of Tuition Fee Back from UK Private

Sun, 28 Aug 2011 13:23:34 +0000

I am a business corporate lawyer and an immigration consultant in Pakistan. Recently, my client applied for his Tier 4 (general) student visa at British Embassy in Islamabad. His previous immigration consultant paid GBP 1500 and arranged a CAS letter from a private college that is 3D Modern College based in Morden, London. The consultant himself put an attestation stamp on the original secondary school certificate without my client's knowledge, and submitted his visa application to British Embassy.

Resultantly, the embassy got it verified and found that the attestation stamp is falsified, and put a 10 years statutory ban on him under paragraph 320 (7A) of UK immigration rules, therefore, I applied an administrative review against that decision, which was refused while upholding the decision made by the ECO.

The said consultant has closed his office and gone out of country in order avoid payments received from various innocent local students.

I contacted 3D Modern College for refund of tuition fee, the college administration told me we can not speak to you, ask the consultant to contact us. I said we do not know his whereabouts, the person on phone got angry, and hung my phone call. I visited the website of college and got email addresses of college principal, boards of governor and registrar.

I sent an email message to all of them asking for refund of tuition fee.

The next day I received a reply from the college stating therein that we do not refund the student under such case (where the visa application is refused under paragraph 320). If you are not satisfied, you can go to court.

I was amazed to now that and realized what an awfull ordeal it is.

ECOs � The West�s new KGB!

Sat, 20 Aug 2011 21:08:58 +0000

This also includes UK based Case Officers as they all seem to possess the same characteristics!

After a period of widowhood, I met and married my present wife (a widow) who was living in the UK as a 'failed asylum seeker) although she did not realise the 'failed' part at the time, with her two grown up sons aged 26 and 20.

She was 50 and I was 65. I had retired from work in 2001 to be with my first wife who died of cancer in 2003.

After our marriage in February 2004, I contacted the IND(now part of Border Agency) and following their guidance, filled in the FLR(M) and paid the �155, sent it off and waited .. and waited! I was assured that 70% of applications were resolved in 3 weeks and the remainder in 13 weeks by the IND! 17 weeks later on 3rd July 2004, we received our first(of several) Notices of Refusal, which included quite a lot of information we knew nothing about.

For example, the Home Office had called my wife forward for an Asylum Tribunal in August 2000 � but had sent it to an address in London she had never been to, and consequently did not receive it! Only three or four weeks before she had registered herself with the authorities in a flat in Wisbech, Cambridgeshire when she had been given her work permit!

As a result of not attending the Asylum Tribunal, they found against her and from that moment on she was, technically. A 'failed' asylum seeker! I could not believe some of the rubbish the Case Officer was trotting out to justify his decision! He took us through the ECHR article 8 routine and stated that this was NOT be engaged 'in this case', as there were no compassionate reasons to do so!

Article 8 should NEVER be disengaged � unless one is a measurable threat to society � but a middle aged couple!! I have found this throwing away of article 8 rights by UK Government employees without proper foundation quite disreputable several times since!!

There were other matters which were obviously inaccurate and too numerous to go through here, but the upshot was that my wife of 6 months was to be deported on 21st July 2004, less than three weeks later, as it was in the 'public interest' for her 'not to reap the benefit' of her misdemeanour � whatever that meant!

I tried to get hold of an Immigration Lawyer, but whereas there seemed to be plenty around in early 2004 in Southend, the nearest one I could find in July 2004 was over 30 miles away in Ilford. "No point in appealing," he said, "It's really difficult getting leave to remain for foreign wives at the moment!"

We left for Russia on the 22.30 flight out of Heathrow at my expense, the day before the deportation date! It would have been a few days earlier, but the IND had confiscated my wife's passport at an earlier date � and LOST it! We had to get a travel document from the Russian Embassy(as well as a visa for me!).

After three weeks in Russia my wife had managed to get her identification documents renewed and procure an international passport. We turned up at the British Embassy in Moscow on 9th August with all our documents paid the fee(around �250 if I remember correctly), and individually went through the rantings of a rather rude and disrespectful Entry Clearance Officer who insisted on slandering my wife, and explaining that once she had got her Indefinite Leave to Remain in a couple of years, she would leave me and take all my money!! We flew back into Heathrow on 10th August 2004, and caught the train back to Southend. The whole fiasco had cost me around �3500, and gave me high blood pressure. I had an angioplasty to correct my heart problem in 2005.

What happened to my wife's sons? That is another story � and still ongoing.

Long Residence Application - A Success Story

Thu, 04 Aug 2011 20:34:59 +0000

I came to the UK on a student visa in the good old days of pre 9/11. The times changed so quickly afterwards that it was hard to believe that at one point Home Office would renew the student visas free of charge.

Currently I am working as a teacher so I am often informed about the problems and additional restrictions international students have to face with regards to their visa and work issues. This only makes me remember the good old days and consider myself lucky.

It wasn't until I had stayed in the UK for about 8 years that I considered the possibility of settling in the UK. I did some research on the rules and regulations governing the settlement issues for long residence category. Unfortunately, by this time I had already made a mess of one of my visa extensions back in 2005, more on this below.

Upon reading on Home Office website and other immigration forums about the settlement issues I decided to order my SAR file just before the xmas holidays in 2010. My leave to remain would end on 30 Jan 2011.

It was a delightful morning when I received this huge pile of papers stuffed into a brown A4 envelope, it contained almost 200 sheets of paper from my at least 6 visa extensions. However, soon this delight turned into a grave concern as one of the case notes accompanying my 2005 application for extension contained a note saying 'Application valid but out of time by 45 days' - this according to my understanding of the strict rules governing the settlement on long residence would render my application extremely weak as ideally there should not be any gaps and if there are it should not be more than 10 days.

It all started with a bounced cheque for the application fee for visa extension. The Home Office wrote to request another payment and gave me 28 days. I did send them another cheque but as fate would have it, it bounced again. I guess I am more to blame than the fate but it is what it is. This time Home Office refused to accept any more cheques, subsequently I sent them postal orders as payment. In the end I did get the extension but all this process had taken up about 40+ days. Hence, the note in my SAR file about application being out of time. Little did I realise at that time that this mishap will come back to give me nightmares after 6 years.

Fast forward to 2011 and I am preparing for the long residence application. Upon discovering the note I engaged in extensive research around my case and with the help of some very kind contributors on the immigration forums I discovered I have a chance after all. The hope was based on the section 16 of The Immigration and Nationality (Cost Recovery Fees) Regulations 2007 which stipulated a category 4 application being received before May 2007 would be considered as having been made validly, even without a payment.

In addition I learned more about section 3C and found out about the Teisha Forrester v Secretary of State case, the circumstances of the case were somewhat different to mine but the underlying payment issues are very similar.

Based on the above points I drafted a letter and managed to submit my application in the last week of January 2011. I resigned myself to the fate for at least 12 weeks as Home Office is not particularly famous for quick processing times, especially if the case is not straight forward.

However, after just 5 weeks I received a phone call from a lady who introduced herself as calling from Home Office Liverpool office and wanted to confirm my postal address for sending my documents back. I dreaded asking her the outcome of my case as in my mind I was by no means 100% confident that the Home Office would accept my arguments. I asked her anyway.

It felt like her voice is going down my ears into my stomach and turning into butterflies as she unusually congratulated and said your application has been successful and you should receive your documents soon. Sure enough in 2 days I did receive my documents with the visa stamp dated 1st March 2011.

I could not have argued my case successfully had it not been for all the help and support I received from these forums. I will be forever grateful. I learned a lot of important stuff while researching around my case but most importantly I learned never to give up and fight your corner.

No Recourse to Public Funds Nightmare

Sun, 24 Jul 2011 23:44:09 +0000

I've just been through the appalling nightmare that is the British immigration system. It is a soul-destroying expensive business and as someone born and bred here I dont think I would have gone through this has I known what was coming.

I met my African wife when she was on holiday here five years ago. On return to Zambia she had a child, our daughter, and arrangements were made for her return. I didnt think much of it at the time but my partner got a Zambian birth certificate for our daughter - first big mistake - and then some functionary in the embassy decided to add to my daughter's visa the nightmare phrase 'no recourse to public funds.'

Kate, now four, is profoundly deaf but was eligible for an operation for implants that would enable her to hear. I had to give up work to take her for weekly appointments in Manchester some 50 miles away and I still have to do this for speech therapy.

I claimed Disability Living Allowance in September 2009 and it was turned down on the grounds of immigration control not need. Even though, I discovered on the DirectGov website a statement which said immigration control was not necessarily an impediment to receiving DLA> This cut no ice with the departmental officials.

An appeal was lodged and this is due to be heard in August 2011. In the meantime she has received ILR so the appeal is just to determine whether the claim can be backdated. It will be turned down. This has caused us extreme financial hardship especially bearing in mind the cost of visas.

Now Kate is in the system, the amount of money they are throwing at us is unbelievable. Im not complaining obviously but life has been extremely stressful for two years because of that dreaded phrase, Why should my natural daughter be subject to this restriction. The answer is simply money.

The whole process is designed to save money and make it by exploiting people who have no choice but to pay up. Disgusting.

Application that fell short of the five year continuous period � but got approved!

Sun, 10 Jul 2011 18:58:35 +0000

It has just been five weeks since our life in the UK changed from full uncertainties to worry free stress-free and full of good expectations, just because our application for Permanent Residency has been approved 20th of May 2011.

I started browsing UKBA website after I was told that I have to apply for extension because my length of stay will not meet the five years requirement to qualify for Indefinite Leave to Remain application. I was hired by my employer from the Philippines to work as an Assistant Store Manager in one of his shops in Belfast. I was given a visa under work permit category last June 6, 2006. I entered the UK last July 28, 2006.Which was short of 54 days to complete the five years requirement. I sought relevant information from forums and OISC approved consultants but none gave me concrete answers regarding my status. Most of them recommended applying for extension using the Tier 2 General category but that would require loads of paperwork from my employer since my company did not apply for a license to sponsor because I was hired before the transition to points based system. My company did not pursue the application to get a license to sponsor Non-EU nationals which made me all the more eager to know everything about my case.

A lot of things changed since the introduction of the points based system, from fees going up and requirements getting harder to meet and pass the application. But these did not stop me from my own research. And then I saw the Immigration Directorate Instruction under the Policy and Laws of the UKBA website. I focused in Chapter 6A Section 2-Settlement. I may have found the answer under 5.2 � Application that fall short of the five year continuous period, but I need to be certain because I have three dependants who are with me here in the UK.

I again sought advice from an OISC approved consultant and show them the document I saw in the UKBA website. I took it that they only learned of the guide from the time I showed it to them because they seemed not to know about it. They said they would take my case but it is best to post it because it is the most practical thing to do since my case is not straightforward. But I don't want to wait that long. So I decided to book online and got an appointment (20th May 2011)for a premium application. I did not mind about the 28 days ruling to book for appointment. I need to apply before my visa expires so I pursued my appointment. A week before my appointment, I called the UKBA and asked if I can still go on with my appointment given my circumstances. At first they said no because the guide is only true for applicants under Tier 2 General category. But after an hour I received a call from them saying I can go on with my appointment and that my application should be straightforward.

The day before my application I checked the UKBA website again to check if everything was ok. I found out there is an updated Set O form to use, so I changed my form and fill it up once more. I made sure I had all the documents I need and have the photocopies ready,prepared them in such a way the caseworker will find it easy to browse the contents. Other pertinent were also with me in case they will ask for them

It pays to visit the website, consult a professional and call the UKBA enquiry office, complete and organize the documents,be confident, look smart and no questions asked, they handed me our passports after two hours of waiting.

Links: http://www.ukba.home...s/idichapter6a/

http://www.ukba.home...pdf?view=Binary

Leap of hope

Sat, 02 Jul 2011 19:28:11 +0000

My story of getting into UK evolved as a typical one: I entered on work visa, got it extended, and then decided on switch to Tier 1. Quite typical, except the particular moment when I made up my mind on this switch. I do not know what blurred my ability to foresee bad things to come: possibly, my ever hopeful approach to life accompanied by � please take a note on it, workaholics � accompanied by working too hard for timely seeing the geological shifts in my company's landscape. To put it simple, I got a notice to go. Nothing personal, just change of their priorities and moving their business offshore: approximately, in the direction where I came from. Fine, except I did not want to follow the tide moving out to overseas; neither my family did.

What could I do then: perhaps, look for my next employer without hesitation? Well, good luck everyone to find a willing visa sponsor on high street in a few weeks, also ready to give you a decent salary and a certain level of satisfaction. Yes, you have it heard clear, my fellow brothers and sisters: "satisfaction", as I belong with the old school of things which tells a human has right to be more or less satisfied with one third of each and every weekday spent at work.

So I went for Tier 1 as an open-ended solution and, after a few feverish days of collecting papers and translating them as needed, sent them off to Home Office, then cooled down my feelings with some icy beer. Having drinks cold was a perfect idea as summer approached. My forced vacation was coming, too, and I did not have my travel documents with me. Did I mention my family? Yes, I did, and no, they did not have their documents either. Anyone for Brighton as a dream holiday destination?

In the meanwhile, the job ended, and my status of being in the country became just fine: I could legally stay as I applied for a new visa, despite my current one had expired. I tried to be happy that season. Agents calling me on new jobs and daring to ask on my immigration status tried to sound enthusiastic, too. This sort of life lasted for three months which was nothing if compared to Home Office targets on making decision but obviously meant a lot for my own targets (and nerves). It has been a few years since then, and we have wholeheartedly sung "God save the Queen" in the touching citizenship ceremony but we still remember that summer of hope and doubt, that leap through unknown.

I have got to offer more lyrics for the end of story, in case you have not had enough yet. One of the brightest minds of this country who lived awfully long four hundred years before us (Francis Bacon, actually) used to say that hope is a good breakfast, but it is a bad supper. One cannot deny this thorough observation. So wish you always have your daily supper whilst waiting for more than one official decision on your way to your British abode but please, do not neglect hope for breakfast. It is an excellent top-up to your spirits, along with your morning portion of caffeine.

Moving to the UK and Wrong Assumptions

Tue, 28 Jun 2011 21:46:02 +0000

After years of wanting to move to a different country, but not being sure where I'd move to, I had set my mind on England. I'd only spent a little amount of time there, a bit over a week in total, but somehow things just felt right while I was there. So I decided to go and move.

I wasn't completely alone in this. I had friends over in England who were helping me with everything. Having no bank account over in the UK, and being stuck with a bank that didn't want to do international transfers, one of my closer friends helped me pay for my NI number ahead of time. Compared to some of the horror stories I have come across regarding that, it was really was easy to do.

By the time I moved and arrived at my new address (something that same friend helped me with as well) the letter for my NI appointment appointment was already waiting for me. A short time later I had my meeting, got my NI number, and started searching for work.

Getting a job was harder than I imagined. The jobs I had seen while browsing online back in the Netherlands, but lacked the foresight to apply for ahead of time, were gone. The only companies that didn't slow down in their advertisements were the direct marketing ones. I also didn't know how to put together an English CV. Funny enough, they're actually structured and styled differently than I was used to.

Another thing that worked differently was setting up a bank account. In my experience you walked into the nearest branch with your ID card and walked out with a bank account. Not so in England. Next to a valid ID, they also required a proof of address. Tax papers, bank papers, utility bill, that sort of thing. I didn't have anything that they would accept as a proof of residence, and none of the banks I went to were willing to overlook it. No matter how many branches I went to with every piece of paper mailed to me, not one would let me pass.

Living with roommates, I didn't have anything on my name. They already handled all the bills in the house. I had a tenancy agreement and a letter about my NI number, but that wasn't good enough. Looking online, I found articles and forum threads from other people who had moved to the UK and had the same problems opening a bank account. Most of them had the same two solutions.

You could get a roommate to change their name on a utility bill to yours. When the next bill comes in the mail, your name will be on it. The other option would be opening an online only bank account. That way I'd still be able to receive much needed money.

I tried opening an online bank account. Things seemed to go alright, I got past the initial sign up and received an email telling me I would get the login information for my account by post a couple of weeks later. A letter did arrive, and it didn't include the login information about my new bank account. Instead, it told me that a credit check revealed I had no credit history in the country, which is just as bad as having bad credit. They refused my application.

After a while I managed to convince one of my roommates to put my name on a utility bill. I would finally be able to get a bank account now, right? No. He put my name on something we don't get anything in the mail from and then changed his name back without saying anything later. Another dead end.

While all this was going on, I managed to secure a job at a direct marketing company. A company that had me paying for my own travel costs, which was somewhere between 5-10 pounds a day. We rarely went to the same cities, and there wasn't a consistency in form of travel. One day we'd take a train, the next a bus, the next a car. You couldn't plan ahead and pay for a weekly ticket for somewhere, because you'd run the risk of never having to use it after the first day. In the short time I worked there, I burned through all the money I had left on travel expenses. To make matters worse, they never paid me. After a month of working there, I quit. I had no money left at this point.

In the end I had to contact a family member to help me fly back to my own country.

The experience has taught me that you should never assume anything works the same way in a different country. Just because it works one way in one area does not mean it will work the same way everywhere else. If I had known earlier, I would have made sure to get a bank account before moving, sparing me a lot of stress.

Having people around you who know and understand how things work and can explain how everything works is a big plus too. Find someone who understands how differently things work in foreign countries, they'll explain things in perfect detail. Most of the people I knew had the same assumption that things work the same everywhere. Only a few people could think outside of the box and go through every detail, even the ones that sounded too obvious to mention by everyone else. They were the most use to me.

Do I Want to Be British?

Mon, 27 Jun 2011 17:15:46 +0000

So far my experience of the British Immigration Service has not been pleasurable. In fact I have been met with such insulting, degrading and downright discriminatory comments I was ashamed to be British.

We applied last year for a visa for my husband to visit me in the UK and meet my family and friends over the Christmas period.

On 9th December my husband received a letter of refusal.

Before I remark on the comments made in the refusal letter I should explain that my husband is 18 years younger than me but that we are a true meeting of souls. I am also disabled and claiming benefits in the UK. Neither of us are wealthy but that should not preclude a refusal as was made to us without consultation with either of us.

Reason one, which was actually valid, was that he had not included proof of earnings etc in his application. He hadn't so I let that one go.

Reason two, the age difference. Due to the age difference and the fact we had not given evidence of the fact we were in a relationship prior to our marriage last September, they deemed this to be a marriage of convenience.

At no time were we asked to prove we were in a relationship. This is something I can prove with airline tickets, telephone records and computer logs, however we were not aware we had to prove anything and I object to my private life being made public��..as is my right under the data protection act!!!!! This was an assumption made by the Embassy which is false and discriminatory.

It is also ageist to comment on the age difference. If it were the other way round or if we were both British citizens would they have commented? I think not!!!!!

Reason three and this one really galls me. I am dependant of welfare benefits. My husband is only coming for a visit. We intend to make our home in Egypt. So much for equality for disabled people!!!! I worked as long as I was able spending most of my working life working for the government. I had good jobs and paid my taxes and national insurance contributions��now��..through no fault of my own��I am unable to work and I feel very discriminated against with this reason. I am NOT a scrounger and actually my husband visiting will help me both mentally and physically as he can do all the little jobs needing done round the house, which I am unable to do.

In Scotland we do not expect our guests to pay for their food and lodgings but it seems the Foreign and Commonwealth Office do!!!!! He is expected to have enough money to pay for food and board for however long he is here since I am on benefits. This is a nonsense!!!! His ticket is a return ticket, he has a business in Egypt and his family, who do not keep good health, are there.

In point of fact I am disgusted with the whole affair and am now saving to have a recommended immigration company handle the visa. At nearly �3000 it will be an expensive visit but my dad is old and cannot travel and my sister's son is badly disabled and cannot travel either so it is imperative that my husband visit to meet my family. My friends and family all want to feed us and spoil us whilst he is here too so the sooner the better. I also need him to see what I can actually ship out to Egypt as I cannot take everything. He also needs to see my home and understand what I am talking about as it is so very different here to his homeland.

I was led to believe that each application is made on an individual basis��well that was not the case in my instance. Assumptions were made, false conclusions drawn as they believed my husband to only wants a residency visa, and they were insulting and discriminatory in the process.

I only hope that we can get this done quickly as my father will not be around forever.

The one thing I can say is this. Our immigration rules need overhauled. I live in a very tourist dependant area and it is dead. No US visitors, no Japanese��only those from the EU. There should not be rules for one and rules for another. There have to be rules across the board for anyone, EU or not!!!! All this has done has made me all the more determined to fight. I think they hope I will go away but that is the very last thing I will do. I will not stop fighting until I get my husband here. He is naturally sickened by the whole affair and is appalled that it is so easy for us to go to Egypt but not for him to come here.

All Norms of Immigration Laws Grossly Violated by British Embassies

Fri, 24 Jun 2011 11:55:28 +0000

Several BritishEmbassies located in the Third World are grossly violating British immigration laws. This has been acknowledged in a report by the Chief Inspector of UKBA saying,

"My inspection found serious organisational failings with the way in which the UK Visa Section was being managed. As a result, I found serious deficiencies in the provision of an adequate level of customer service, as well as a lack of rigorous scrutiny being applied to those who wished to settle in the UK."

The Chief Inspector went on to add,

"The picture that emerged from my inspection was of a visa section that lacked any strategic direction, leadership or effective communication between each key location. Consequently, I found that the service provided to customers was extremely poor, with a significant number of cases sampled not being decided correctly. In the worst cases, I found that visas that should have been refused were granted and visas that should have been granted were refused."

He concluded that the UK Border Agency had failed to fully meet both key strategic objectives of protecting the UK border and making fast and fair decisions.

In the first quarter of 2009, a tobacco company based in Pakistan decided to post its Sales Manager as its Liaison Manager based in London. Hence we were asked to prepare his Sole Representative Visa application. The case was prepared and forwarded to the company, where the applicant applied for a Sole Representative visa at British High Commission in Islamabad on 18^thMay 2009.

Then began a long nerve-wrecking wait of over nine months.Several reminders were sent to the British High Commission in Islamabad which came back with a stereo-type reply, which read as under:

"Thank you for youre-mail. This is to inform you that your visa application is under processwith ongoing checks. Application cannot be concluded until all checks arecompleted. Please wait to be contacted through Gerry's in due course."

On 18^thNovember 2009, a complaint was filed with the Head of UK Visa Customer Services, Visa Services Directorate in Croydon. This complaint highlighted the inordinate delay in processing visa applications at British High Commission, Islamabad. We also raised some points to ponder which are reproduced as under:

Why does an ECO need nine months to decide a visa application?
What kinds of checks are being carried out that require a span of a year to enable the ECO to decide whether the applicant is genuine?
What is the use of getting a visa application prepared and filed by an OISC registered Immigration Consultant, when the ECO cares two hoots about the source from which the application is originated?
Why are all our reminders requesting an expedited reply lent a deaf ear?

We also pointed out that the ECOs are immensely contributing to the worsening recession and declining economy of Britain byintentionally delaying efforts of the corporate world to make Britain the hub of their European operations. Such actions promote uncertainty and repulsion,whereby the corporate bodies turn their back towards Britain and decide to base their operations elsewhere in Europe. It is unlikely that a corporate body willwait for over nine months to get a Manager posted in London, especially whenBritish High Commission, Islamabad is least bothered to expedite their consular operations.

No reply was received from UKBA and we were forced to issue them a reminder on 15^th December 2009. On 30^th December2009, an interim reply was received from UKBA informing us that our complaint has been passed on to the relevant area and we will get a reply soon. Again silence prevailed and we sent out reminders on 2^nd February 2010 and 22^nd March 2010. Finally the Chief Executive of UKBA sent us a reply on 13^th April 2010 explaining that this application had to be referred to a team of specialists in U.K. which contributed to the processing time.

In a decision dated 24^th March 2010, which was received by the applicant on 12^th April 2010, the British High Commission Islamabad denied the visa to the applicant. An appeal against this decision was filed with the AIT in the last week of April 2010. It took another seven months to complete the hearing of this appeal. The Appellant won his appealon 8^th November 2010. The decision was promulgated by the Tribunalon 8^th November 2010. But its implementation was nowhere in sight.

Eight months have passed and we are sitting in June 2011.Despite repeated reminders to British High Commission, Islamabad, the concerned quarters have still not issued a Sole Representative visa to the applicant. All reminders sent to British High Commission, Islamabad were lent a deaf ear. Another complaint was filed with Head of UK Visa Customer Services, VisaCustomer Services, International Group UKBA on 22^nd March 2011 protesting against the inordinate delay in implementing an AIT decision. N oreply to this complaint has yet been received.

Adding insult to injury, the ECO at the British High Commission Islamabad has now decided to re-investigate the case completely ignoring thedecision of the Tribunal made in favour of the appellant. In a letter dated 22^ndJune 2011, the ECO at British High Commission Islamabad has now invited the applicant to attend an interview at British High Commission Islamabad on 30^thJune 2011. This move amounts to contempt of court as the ECO has no powers to over-turn the decision of the Asylum & Immigration Tribunal. We do not know what would be the outcome of this interview � whether the applicant will begranted a visa or might again be refused despite holding an unimplemented decision in his favour from the Tribunal. Over-all, two years have passed and an application for a Sole Representative Visa is yet to be concluded.

Narrated above is just one example of how British Embassy treats visa applicants and how all norms of immigration rules are being grossly violated with no check on such actions.Dozens of genuine Visitor visa applications are being refused on frivolous grounds every day. Genuine visitors, who have visited U.K. 6-7 times before and those whose passports are inundated with immigration stamps for all European countries are being denied visitor visas saying that on the balance of probability the ECO thinks that their bonds with their home country are not solid and that they are not likely to return from a worst recession-hit Britain. It is a pity that UKBA takes such gross violations very lightly and the concerned ECOs are not held responsible for their unjust actions causing huge financial losses to the applicants and the British economy.

4 Years Ticking Boxes - A UK Immigration Experience

Sun, 19 Jun 2011 19:29:48 +0000

As an Australian who lived in London for 4 years, you would think that I am one of many with a typical story. The truth is, I didn't meet many other people who were in my boat or who shared the same difficulties that I did. And for that reason I will share with you what became of my experience of moving to London.

I went to the UK with a working holiday visa which at that time gave 2 years of working in the UK but only one year of working permissions. I had already investigated the visa I would need after that first year before I moved to the UK because unfortunately my father is not a billionaire who is he inventing technology to replace my good old friends. I also knew before I went to the UK that I would have to demonstrate at the end of that first year that I had spent 9 months at least in well paid employment in order to get a highly skilled migrant visa.

If I remember correctly (it was back in 2006/07 at this stage) that meant a yearly income of at least �30,000. Well lo and behold, the only industry that would give me that money straight up was banking. Everywhere else wanted to see 'UK experience', which basically meant that I couldn't get a job anywhere being a migrant. At the time I thought that was ridiculous being highly qualified and with reputable experience in Australia but since then many of my UK friends living in Australia tell me that they are told the same thing. I'm not so sure but anyway�I digress.

My first year was quite difficult. Moving to London was expensive. Rent and general expenses were high and my job was exhausting. It's hard even for people who grew up in London to deal with it and that is only multiplied when you don't come from the country and have visa criteria to meet. I spent half a year with my application for the Highly Skilled Migrant Visa on my desk, trying to tick off the bank statements and letters and figures which I needed to show. Luckily, when I applied for it, it came back successful. Two years granted.

When it came around for me to extend that visa in 2009 - having met my boyfriend and set up home with him being big factors in wanting to stay on - the visa system had changed. No more HSMP, now it was called the Tier 1 General Visa. Having been through the visa process once, I thought this would be more simple. Wrong. It turns out that I had to demonstrate everything all over again, given that the name of the visa had changed, it seems that the Home Office had also decided to disregard all their previous information on me. Whatever. I completed the application, confident that I had well over the number of points that they demanded given my Masters degree and earnings and contribution to the UK tax system over the last 3 years. Little did I know.

I sent my application in on January 2009, freshly after the financial crisis amidst an environment of job insecurity and general economic shuddering. I sent it in early to make sure that there were no complications. 4 months passed. Nothing. I needed my passport for work travel but the Home Office wouldn't respond to any of my calls, faxes. And they have no email address (!?). The expiry date of my previous visa passed. Still no news and no sign of my passport. I checked with the Home Office info line, I still remember the classical music tune distinctly which I spent about 300 hours listening to. They told me that until I received communication from the processing office my right to work remained in place.

I had to forego several important work trips and it was starting to cause problems for me at work. Then in June (5 months after I submitted) I received a letter saying that because I was applying under a new system I needed to pay the initial fee, instead of the fee for extension. And that given this information they were unable to process my visa. But by now the visa had expired so I was effectively illegal and without work permissions in the country. The company told me that they would not be able to continue to employ me and I was fired immediately. My boyfriend and I had an expensive flat and I was suddenly without income. I ended up going back to Australia and applying for a new visa from there. It was issued immediately which goes to show how the UK based Home Office was operating.

In the end I did end up going back to the UK after returning to Australia to sort out the visa thing. But it put so much strain on my finances and relationship that both suffered greatly. Since then, I have left the UK because I couldn't keep up the fight.

It is true that in the UK the grass is a lot greener because it gets a lot more rain and less sun. But that other kind of grass which is called quality of life and a political system that doesn't treat you like an information slave, economic pawn? That's the kind of green grass which isn't growing in the UK.

In fairness I have not met many other people who have gone through such a difficult process as I did. But then again, I didn't meet that many people, especially women, who had acquired their visas through the same Working Holiday Visa� HSMP � Tier 1 General process as I did.

All over I don't regret my time in the UK but it certainly wasn't easy! Good luck and if you have serious commitments in your life and you are applying for a visa, I recommend paying the extra money for a lawyer from the start.

Family Court Proceedings & Immigration

Mon, 23 May 2011 11:47:04 +0000

An issue that often arises in my practice is the cross-over between family law and immigration law, particularly relating to children. This article focuses on family proceedings involving children and aims to define some of the key issues in family proceedings and relate them back to immigration issues.

Where a person has entered the UK on a spouse visa, the couple have children and then divorce/separate, there are specific provisions in the immigration rules for this. This article relates to those who do not have spouse visas and who cannot switch into another category.

The situation is usually that there is one British/Settled parent (in which case the child is British) and one parent who has either no basis of stay in the UK or who has a form of limited leave that prevents them from settling in the UK. Sometimes an immigration issue doesn't come up until it's identified in the family proceedings.

Family proceedings relating to children can involve many issues with the most common being:

Contact � also known as "access" � basically, arrangements for parents to see their children when the child does not live with that parent but lives with the other parent
Residence � also known as "custody" � who the child lives with
Care � where there are concerns by Social Services and it is proposed that a child be taken into care

These matters will usually be dealt with either in the Family Proceedings Court or the County Court. If it becomes too complex in the Family Proceedings Court then an application can be made to refer it to the County Court. Sometimes cases are also heard in the High Court.

Invariably, when non-British citizens are involved, the immigration status of the parents will become an issue. As both parents must attend court hearings on these issues (with few exceptions), the threat of being removed from the UK throws up a problem.

When one of the parent's immigration status is called into question, the family court will usually direct the Home Office to provide information (which is sometimes does and sometimes does not) but this is limited to the current status of the person and NOT the status that the person could obtain.

Very often, the outcome of the family proceedings can determine whether a person can qualify for leave to remain in the UK (usually discretionary leave). However, the family courts will usually expect the immigration situation to be resolved before making any orders about contact or residence. On the other hand, as you will see below, the Home Office has usually preferred to wait until the family matter is resolved. This is why it is so important to be on top of the issues and, if needed, to have a lawyer (preferably the same firm) dealing with both issues.

In family proceedings, the welfare of the child is the most important issue. It is rarely in the child's best interests to be deprived of having both parents in their lives. For this reason it is possible to apply for discretionary leave to remain based on the family issues which brings in Article 8 of the European Convention on Human Rights. The Home Office's duty to consider the welfare of children also plays a large part in this type of application.

Until recently the situation has been that the Home Office will not decide an application until the family proceedings have concluded. However, recent case law has shown that the correct procedure should be that the parent concerned should:

Apply to the Home Office for leave to remain in order to take part in the family proceedings � FLR(O) would be the correct form
When the family proceedings are concluded apply for leave based on the outcome � usually FLR(O) would be the correct form

It is important to demonstrate to the family courts that you are trying to resolve your immigration issue and it is important for the court to know what the correct procedure is and that, ultimately, the court's final decision will be a determining factor for the parent's immigration status. This will inevitably lead to accusations that parents aren't interested in the child's welfare but the family courts will monitor the situation and, as the parent is only usually granted discretionary leave, the situation is also reviewed by the Home Office when considering applications for an extension.

Divorce
In divorce proceedings, unless finances are an issue, the parties to a divorce rarely have to attend court hearings. It is therefore not possible to say that you must remain in the UK to take part in divorce proceedings.

However, if there are children of the marriage then forms will need to be filed explaining the arrangements for the children. If the parents are in agreement about where the child(ren) should live and how often contact should take place then, whilst this does not have the same force as an order made by the courts, the Home Office cannot ignore it and it is likely that this would also be sufficient to show that you need to remain in the UK to exercise contact (or residence) with your child(ren).

About the author:

Steve Grosvenor is an accredited immigration lawyer based at Talbots Legal Advice Centre, part of the Talbots group of solicitors which is based in the West Midlands and Worcestershire with offices in Wolverhampton, Dudley, Stourbridge, Kidderminster & Codsall. Talbots is a firm regulated by the Solicitors Regulation Authority. See www.talbotslaw.co.uk for more information about Steve and about Talbots. To make contact with Steve email SteveGrosvenor@talbotslaw.co.uk

To Be or Not to Be a Dependent: My Journey Through FLR (M)

Sat, 14 May 2011 10:08:52 +0000

I have a PhD degree and a stable job. In short, I am published academic who could have theoretically chosen to be anywhere in this world purely on her academic merit. I have lived outside my home country for over a decade now, but I continued to hold my birth passport.

I came to the UK more than three years ago on a work permit and since then I have changed jobs and got my second work permit within 5 working days. I never had issues whilst getting work permit. I got married last year to a British national and my husband has a steady job plus a consulting business on side. We plan to start a family together soon; hence, we decided that I should get a spousal visa to offer a stable foundation for our future children.

That's when I found that it might be harder for me to get a spousal visa than a work permit! I have a PhD degree from a non-English speaking country though all my peer-reviewed publications in world-class journals are in English; I come from a country that does not have English as its native language. For work permit, my undergraduate degree, though it is not explicitly mentioned on the degree certificate, was accepted as proof of knowledge of working level English.

For spousal visa, the rules are not so clear. First, there is no points-calculator like thing on the UKBA website for FLR (M) which can provide comparability information for graduate degrees, second, on the form itself it is mentioned that university has to provide evidence that the degree has been taught in English, but my university where I attended UG programme 20 years ago doesn't do that though it is one of the top universities in the Emerging Economy!

On the FLR (M) form there is no option to mention that you have entered and worked in this country for more than three years, hence, ludicrous as it might sound, technically, I will have to take test of English. I don't mind taking the test, but I find it a way to extort money from hapless applicants who get overwhelmed by all the documents and complicated wordings on application forms. I have been discussing this with my husband, though I have a great relationship with my husband and might want to settle here someday, I am not sure if UK is welcoming to all its migrants!

April 2011

After lot of discussion and debate, my husband and I finally decided that I apply for FLR (M). But, we decided that we should apply with just my undergraduate degree as a proof that I command sufficient knowledge of English. So we to go for the postal application, uploaded and paid online on the 5th April, and sent all the documents by mid-April.

May 2011

Last week we got the application back saying that we had not paid correct fees! But, we paid online using UKBA website! How could the fees amount have been wrong? On 6th April, the fees went up from �500 to �550. It did not matter that we had paid a day earlier or the interactive form had been already uploaded on their website!

Also, no information was given on the refund process by the UKBA. In spite of paying �500 (now �550), there is no phone number where you can reach the home office for information related to FLR (M). Why can't they contact us before sending back the whole application? Why can't we just send a cheque for extra �50 quid?!? UKBA has asked us to reapply and repay the fees! Why go through the whole process again? Get all the bank accounts details again - due to last 3 months requirement, post office, cheques, etc, etc, etc!

What a waste of time! Should we reapply, should we ask for a refund?

So, my husband and I are back to square one - do we really want to settle in this country, do I really need a FLR (M) visa!?! I am not really a 'dependent' in the true sense of the word, then should I really go for this FLR (M) visa.

Useful and Relevant UK Immigration Forum Discussions:

UK Residence Permit in 13 Simple Steps

Sun, 08 May 2011 13:25:12 +0000

My fianc�e is a British citizen and I am a U.S. citizen. We wanted to get married and settle in the UK.

Mainly the 2 websites that you will be visiting a lot are:

UK Border Agency and UK Border Agency, VISAS

Here are the steps that I took to obtain my residence permit in order to stay and work legally in the UK.

1. Apply for entry clearance, form VAF4A:

Apply for "entry clearance". This is obtained in the form of a visa. The form name is VAF4A and you can apply online.

This application costs $966 US Dollars. You can pay by credit card.

When filling out the form, select "settlement" as the purpose of the application, and "marriage" for type of application. The rest of the questions are straight forward answers.

You can save the application and resume at a later time but no longer than 7 days. The information entered is deleted after that.

Once you complete and submit the application online, you will get an email confirmation.

2. Biometric appointment:

Then you need to schedule an appointment to have your fingerprints taken (biometric information) at an application support center. You will get another confirmation email. Write down this date since you are going to need it at a later time.

You MUST print the booking confirmation page and bring it with you together with your passport the day of the appointment. This page is the APPOINTMENT BOOKING CONFIRMATION NOTICE.

3. Send supporting documents:

After your fingerprints are taken, you have 2 weeks to send to the British consulate your supporting documents. This is a critical step since you need to convince the immigration officer that you can live in the UK without public funding and that you can be financially supported without working.

They request originals, including birth certificates, passports, financial documents, and then they will return those documents back to you. This can be very uncomfortable since you will have to send your passport and they can take up to 50 business days! from the date that you received the email confirmation that they received your application supporting documents. For an extra $300 dollars you can expedite your application. This is only available in the United States.

Make sure that you are organized enough, i.e. send your documents with an index page in the front of the package of all documents included. Don't make them guess or sort your papers. You can go to Staples and buy a folder divider with numbers and an index page.

Here is an example of the documents that I sent.

4. Obtain your entry clearance visa:

After they review your documents, hopefully everything is ok and you will receive your passport with your visa on it together with your other original documents. This is your "Entry Clearance" and is valid for 6 months.

5. Entering the U.K.:

I traveled to the UK with my fianc�e and the airport custom's officer did not ask me any questions aside from the normal ones. He stamped the entry date on top of the visa.

6. Getting married:

First, you need to give notice at a registrar office in the borough that you live in. Then you can get married at a different borough if you want to. Before you can give notice you need to have lived in the UK at least 7 days. After giving notice you have to wait 15 days before you can get married. In order to give notice you need to have proof of address, and this is difficult since you just have come to the UK. For that reason, try to open a bank account and have your fianc�e/fianc� put you in one of his/her utility bills right away.

7. Book your wedding:

Prepare your wedding! You need to contact a council make an appointment.

8. Apply to stay in the U.K. under your new status � form FLR(M):

After you get married, you need to apply to stay in the UK as the husband, wife or civil partner of someone who is permanent resident in this country. This is done through the form FLR(M) (guidance notes). Don't get confused with the "biometric" part here. In short, you are applying to get a "Biometric Residence Permit" and they will take your fingerprints one more time regardless of applying by mail or in person.

All you are doing in this step is showing to the UK Border Agency that you got married, you both live together and your spouse has been able to support you financially.

If you apply by mail you pay �475, or you can apply in person at a premium fee of �730.

If you apply in person you will get an answer the same day. I applied in person.

When I applied I downloaded the form FLR(M) version 07-2010, filled it in with a pen and brought it with me the day of the appointment. Now they also got an online version here, where you can fill it in and pay online.

9. Book an appointment for FLR(M):

I booked an appointment on this page. This could take some time (in my case I had to wait for 6 weeks) and in order to save you time you can book this appointment at the same time that you book your wedding day, for a given date after your wedding day. To book for the FLR(M) you don't need to proof anything.

One important thing is that they do not accept copies nor they want online printed bank statements, and if you are enrolled to paperless statements I recommend you to switch back to paper statements. This is explained in the note numbered "10 Documents" of the guidance notes. Again, in this application, you will need to show evidence that your spouse is able to support you financially.

When I applied in person all they asked was our passports, our photos, the application form FLR(M), payment receipt (�730) and 3 month of bank statements, nothing else. But this was my case and you should read carefully all the "evidence of your finances required" section at the time of your application.

10. Go to your appointment:

That day in the same appointment I had my fingerprints and a photograph taken. After they verified my documents, the lady officer handed me a paper to verify my information, and then she said that my application was approved! Voila!!!

11. Receive your Residence Permit:

Two days later, in the morning a guy in a van rang my bell, asked me to confirm my name. He handed me my Biometric Residence Permit in an envelope!. Make sure it says "work permitted" in the back.

This permit is also known to be your "Leave to Remain" status (but not indefinite). It is valid only for 2 years.

12. Apply for a National Insurance number:

After you have this card, you need to apply for a National Insurance number to be able to work. This is done by calling Jobcentre Plus Office and scheduling an appointment. You need to bring proof of address, your passport and your biometric residence permit. After the interview they will send you by mail in 2 to 4 weeks your NI card with your number on it. Even if you don't have your number yet you are allowed to work. You can show your future employer an application paper that Jobcentre gives you on the day that you applied for your NI number.

13. SET(M)

From what I understand, after 2 years I would need to apply for "indefinite leave to remain" status using the form SET(M). I haven't got to this point yet.

Useful and Relevant UK Immigration Forum Discussions

Discretionary Leave To Remain/residence Permit
Biometric Residence Permit
Visa-free travel for UK residence permit holders?

Living on a Budget in the UK

Wed, 13 Apr 2011 11:49:55 +0000

When you're new to the UK, you will find a culture that is tolerant of different faiths and cultures. In 2010 alone, 166,660 people were issued an 'employment-related entry clearance visa'.

However, the UK is recovering from a recession - and together with recent austerity measures introduced by government, this means many people here are living to a budget. Put simply, budgeting means living within your means. It's a good idea for anyone coming to live and work in the UK.

Generally, UK settler applications are classed as immigrants who work, immigrants with family members in the UK, and asylum seekers or refugees. Moving to another country can be expensive and stressful for a refugee or UK migrant, working or not. Keeping on top of your spending just makes sense as an immigrant living here, helping you avoid the stress associated with getting into debt.

When you're here, getting a UK bank account is probably a sound idea, especially if you are earning a salary or are in receipt of any benefits. Also, if you want to borrow money in the UK, you will need to build your credit history, for which a UK bank account is useful. It may be very helpful to choose an account that comes with online banking, for ease of access when you are away from the UK.

Some tips for budgeting in the UK:

Check your bank balance regularly so you know what you have available to spend.
Keep a record of the money you are spending - and see where you can cut back.
Pay essential bills (mortgage/rent, utilities, Council Tax, etc.) first, before you spend money on other things.
Shop around for alternative providers of insurance for car/contents, etc.
Only buy the TV or mobile package that you need and will use.

If you're new to the UK, how will you be able to meet unexpected costs without some money set aside? For example, you may need to go back to your country of origin to visit a sick relative.

One option that might help you budget is the thinkbanking UK bank account, as this account comes with the help of a UK-based team of budgeting experts who will assist you with managing your money and help you make sure all your bills are paid on time.

Expert help could really help you protect your finances, making it easier to build up a savings fund to cope with unforeseen circumstances. There's a set-up fee (�25) followed by a monthly management fee (�14.50) for this account, so you'd need to consider whether it's right for you before you commit yourself.

The account is open anyone over 18 who can prove UK residency. For people who move around, the minimum requirement is that they spend 6 months out of 12 in the country - and their applications will be considered on a case-by-case basis. The account also comes with online banking and SMS updates.

Mixed Marriage Couple Experience in Obtaining UK Citizenship

Sat, 02 Apr 2011 10:45:38 +0000

Our UK Citizenship application for my wife has been granted, but I will say this in relevance to our situation as a mixed married couple going though the UK immigration system:

- Life in the UK test is a gross breach of human rights and IMHO racist in the
extreme.

- The cost involved is an outrage. �1250 is a Rip OFF + 500-700 more if you use an agent. If you need to factor in learning English to a sufficient level you are facing a total bill that will spiral into the �1000's and most likely require visa extensions costing �480 until the level of English is acceptable to a Racist Home Office. If the Home Office want spouses to learn English to their set standard then they should ruddy well pay for it.

- It is a joke that a Wife or Husband should need to qualify for ILR at all. They should be granted this on a provisional basis right from the start and it should be at NO COST.

- Citizenship for married partners should be unconditional once 3 years have passed unless it can be shown that the marriage is for the sake of convenience. The oness should be on the Home Office to prove this and not vica-versa as is currently the case.

Our experience was pretty smooth considering we did not have sufficient letters addressed to my wife.

Our written mitigation for this was accpeted without question. We simply told the truth that due to our environmentally friendly stance we banked & billed on line and as such paper mail, apart from junk mail, was virtually non existent.

Life in the UK test was stressful and what made it worse was the irrational fear introduced by my taking a mock testing myself and failing it miserably. This gave rise to the thought " If I failed what hope does my wife have?". Suprise! She walzed into the centre and passed first time with flying colours. the funniest part is that she still cannot even speak profeciently which goes to show that anyone can learn a set of questions and answers and pass an multiple choce test without actually being as proficient in English as this system is designed to require. IMHO it alla big money making scam and another big joke on poor old "Joe Public".

My wife is still going to college to learn English properly, We'd have done this irrespective of stupid, racist, Home Office requirements because it quite simpley makes sense to do so especially if she wants to get a decent enought job, So, again, the who process is rendered meaningless.

In conclusion it could be argued that I could have saved myself a lot of time, money and stress by marrying someone locally. As true as that may be it does not give our beloved government the right to sit in judgement on those of us who choose a foreign wife and then to further penalise such a choice by the employment of the imigration process to levy what can only be described as a stealth tax on us.

MY DEPORTATION WOES - NO UKBA COMPASSION AND DISCRETION

Fri, 25 Mar 2011 14:42:07 +0000

I was in UK with my pregnant wife in 2006 with 6 months visa due to the challenges we faced from our different tribes over our marriage I am from a forbidden tribe called Uneme Nekhua. I took up employment in April 2008 to be able to take care of my family with a false name since I did not have right to work. UK immigration arrested me in 2008 for violating immigration law and for working without permission; hence, I was sentenced to 6 months imprisonment at the UK court with recommendation for deportation. My sentence finished in September 2008 but I was held in prison and detention where I had my asylum interview, decision and court judgement regarding my asylum /human right claims till December 2008

I lost my human right and asylum case at AIT court before I was released from detention in December 2008 with conditions that I must report to over three miles to immigration office with tagging and daily restriction since I could not be deported since my wife asylum case was pending between December 2008 to May 2010.

In July 2009, my ex-wife called the police that I abused her in order to escape the impending deportation and precarious situation the immigration has subjected our family into without giving consideration to the fact she was pregnant. The police investigated and did not report any abuse against me though she never denied me access to our children when the UK authority changed her accommodation from mine and I have been paying my children with her a visit weekly because I was restricted and detained to my accommodation due to the deportation order signed against me.

In March 2010, my wife gave birth to our second child, I demanded from immigration officials to ease my conditions of detention to be able to visit my new born baby and to assist my wife in taking care of our old child by taking her to school, I was asked to report to the police station I was detained at the police and later driven to immigration holding centre before I was later forced out of UK in May 2010. I have lost a child to circumcision in Nigeria and my family has refused to continue relationship with me, now, I have no access to my two children in UK since May 2010 anymore due to enforced deportation order and my wife is no longer in relationship with me. All the letters of recommendation sent to UK immigration by African Community Centre in Swansea UK was ignored

The relationship between me and wife has therefore collapsed due to the immigrations excessive interferences by way of detaining me for over a year at home and access I have with to my children have been halted due to deportation.

My Negative Experience with the WorldBridge Center in Amman (Jordan)

Sat, 19 Mar 2011 13:00:57 +0000

I am going back to the UK to resume my studies again in 2012 and I am preparing for the tough journey for getting a student visa. I will apply for a student visa again but I hate going back to the WorldBridge Center in Amman (Jordan), because I know that I will be refused again.

I am writing this article to make my personal comment on this paragraph from a British Embassy site regarding the WorldBridge visa center.

Quote

"UK Border Agency staff will process and decide your visa application. WorldBridge and its staff play no part in the outcome of your visa application. They cannot influence it in any way. If any member of staff employed by WorldBridge says they can influence your application, you should tell the British Embassy immediately".

Now my question is:

Does the Worldbridge staff help the UK Border Agency staff to deny or refuse a visa application?

The answer is definitely yes especially at the worldbridge service in Amman (Jordan) and reference to my previous experience.

When I made my application to get a student visa, I made my booking online for an appointment. I traveled to Amman from Iraq; I went to the visa application center (the WorldBridge).

I was desperately waiting for my turn to come. I was watching a Jordanian guy who was dealing with the applicants and he was very nice to them. I said to my self, thanks God he is really a gentleman. Now it is my turn to go and talk to him and give him my application.

He asked me where you from are and I said Iraq, he changed his tone and put a mask on his face. He told me come on hurry up, give me your papers and he really made me very confused. He started repeating the word "hurry up".

I knew the list of documents in advance so I gave him every thing. He took my documents and he endorsed the word (VOID) on my application and he gave me a number on a waiting list for my biometrics to be taken. I had a feeling that something bad will happen and I spent the whole night analyzing the word void.

I was refused on the next day on the basis of silly excuses (on the percent of probability). I didn't know why he wrote "void" but I definitely felt his rudeness with me.

I appealed my refusal on papers, but this time directly to the visa section at the British Embassy and not through the worldbridge. My appeal was successful but I don't know why we are treated in this way. From the moment we enter the airport we see all eyebrows pulled together including the security, the check in staff and the WorldBridge staff. I never saw any one of these people smile in my life especially in our countries. I hope that one day we will be treated like human beings.

Useful and Relevant UK Immigration Forum Discussions:

How to Avoid Refusal and Delay on a Working Holiday Visa For The UK

Sun, 13 Mar 2011 15:06:39 +0000

It was an easy process to get a visa. In order to get a working holiday visa, we need to have the following requirements. If you are at least under 30 years old, have at least $1600 Canadian dollars in your bank account within the last 3 months and a valid passport that is at least 2 years valid from the day you apply for the holiday visa. If you have all those, you will be able to get 50 points based on the point system they do to determine if you qualify for a working holiday visa. The system breaks down like this. 30 points is based on your passport, 10 points is based on your bank account and 10 points if you are under the age of 30 years old.

First to get the process, you want to visit the UK border website and find out the right visa for you. Once you find it, fill in your information as accurate as possible and make an appointment to send your documents to the them at the British Embassy. The closest one to me was in Toronto. You can make your payments there or online with a credit card if you have one which cost around $140 Canadian dollars. After that, you need to goto your bank and have them print out a 3 month previous statement of your bank statement. Have them stamp it and signed that it is certified and true. Next, you want to get your passport taken. You will need to have 2 of them taken. Then, you will need to have your birth certificate, passport or birth card taken with you when you goto the British Embassy. More then likely they will need your passport, but it's a good idea to have your passport, birth certificate and birth card colour copied printed out.

On the day of your appointment to the British Embassy, make sure you print out your application and other printed documents with you on that day. A good tip would be to bring as much support documents as possible. You can never have enough if you are not sure. They will take a photo of you there and do a finger print scan. The process should take no more than 15-20 minutes when you are there. When you arrive there, you will have to sign in and wait just like you are waiting at a doctor's office. First come, first serve. My advice, if you have an appointment at 11am for example, you can get there at 10:45am instead. You can also setup a bank account at the British Embassy in your country or when you arrive in the UK. Once it's all done, they will put it in a DHL envelopment and safely and quickly send it to the higher commission office in Ottawa. There they will make the decsion if you have the right information and documents required for a working holiday visa. After 3 weeks, they will send you an email to confirm that it has been approved and mail you back your passport with some important documents before coming to the UK. You have 3 months from the day you get it to come to the UK or else it will be void.

Final tips, once you arrive to the UK, call the job centre and apply for a social insurance number. That will be key to work in the UK. It should take about 3-4 weeks to receive it by mail. So in the meantime, you can still look for a job but wait till your card or number is given to you before you take the job. Hopefully, that should be the process to how to avoid or wait for a delay to getting your working holiday visa.

Useful and Relevant UK Immigration Forum Discussions:

Rejected In Country Application to Renew Student Visa

Fri, 11 Mar 2011 14:05:47 +0000

The following is based on my collegue who has given his permission for this to be published without any personal information being disclosed so as to not jeapordise any potential future applications he may wish to submit:

I recently made an in country application to renew my student visa in the UK. I have been studying in the UK since 2007 and this was my first renewal. The application went in the month my visa was due to expire and submitted in the correct manor.

1 month later, I received a rejection of my application on the grounds I did not submit my original degree certificate and a small shortfall in maintenance funds. However, I did send a copy and this was sufficient with an application I made to bring my wife to the UK as a dependant.

As can be expected I was very disappointed by this result and spoke to my solicitor. He advised we could appeal to the tribunal on the basis the degree certificate was important to myself and needed for applying for jobs in order to secure a Post Study Work Visa as potential employers would want to see this certificate. With regards to the funds I provided a family friends letter of sponsorship which again had been accepted (only a few months prior) for my wife's application. It was advised this was no longer an acceptable source of maintenance. On appeal I outlined if this was not sufficient my father could bridge the shortfall.

The application was made to with the above defences. My case was listed for hearing and at the hearing I presented my case and hoped for the best. A few weeks later I received a notice advising the position with regards to the certificate was now accepted as the original was produced at the court. However, they refused the maintenance on the basis the document used as proof was dated post application. As this was only provided later it would have been fraudulent to issue a pre-dated letter from my father with the maintenance funds. However, the proof did stipulate the funds were available on the date of application and 3 months prior.

Once again, disappointed with the administrative error, as if the court accepted the document but said it did not show the funds to be held at the right time, I went to the first tier tribunal with an appeal. This was refused for the same reason. However, I still maintained the proof to be valid if the document was now accepted. I accept the court did not need to accept any further documentation, however by doing so they should acknowledge the content met the requirements. My final port of call was the upper tribunal. My solicitor said there was no use in doing this so I chose to pursue the application on my own as I had spent thousands on legal and application fees I felt this was the best way forward.

It had taken approximately 9 months from the initial application to get to this stage. A slow and distressing process for myself and my wife, where all we wanted to do was be part of a country and contribute in a time where every contribution would be vital to the economic growth. I am a hard working individual who is studying and supporting my wife in the UK. I know the UK is the place for me and I feel I have plenty to contribute to the country, however, it appears the UK aren't appreciative of the hard working people. I don't know where they plan to get the money to fund the growing number of people of benefits. If a person is willing to work hard to grow the economy who would in their right mind say no?

Anyway, I put in my application to the upper tribunal and 2 months later they had not even looked at the paperwork. 1 month later I got a letter saying my appeal again being refused. If a document states the funds available at the right time why cant the court appreciate this and at the very least issue me a court hearing to confirm what they seem to be missing?

All in all I am disappointed with the system and now I can see why so many people sit on benefits as the country makes it difficult for people willing to work, work. Who got the country where it is today? Immigrants! I think its time for the UK to appreciate the immigrants and if you add all the contributions of the immigrants versus the costs to the UK it would be so high in the positives that anyone would be mad to say no to immigrants. How many non-immigrants are willing to work unsociable hours? Go into any business at 10pm on a Sunday and you will see 90% of them are immigrants, atleast! I hope justice is done for immigrants and UKBA learn that without us the country will not recover.

Useful and Relevant UK Immigration Forum Discussions:

My Work Permit Woes

Tue, 08 Mar 2011 14:05:34 +0000

I am a doctor working in this country on a Tier 2 (Work Permit) Visa. I would like to bring to your notice a fact that till now I had read about in internet forums. Unfortunately I have had to go through the same situation at a personal level. It has made me feel inadequate and exploited and through your esteemed website I would like to bring this to the notice of the wider public and to anybody who can make a difference.

I was offered a job at Kings College Hospital on the 16th of July 2010. However, before starting my new assignment I was required to get a Tier 2 (formerly known as Work Permit) Visa. This entails either applying for the visa by post or getting an appointment for the same day service at one of the Public Enquiry Offices (PEO) of the UK Borders Agency. Since I was offered the job only till the 1st of February 2011, I decided to book an online appointment for the same day service at the Home Office website. Unfortunately, I could not get a slot at any of the 5 Public Enquiry Offices in the UK. I used to visit the online booking appointment website 3 or 4 times a day and when my Certificate number came up from my employer I really got desperate. I started a shift system (on the computer) with two of my friends I was living with but still nothing came up except an appointment on the 8th of September at Sheffield which was not appropriate for my situation.

Just when I was about to apply by post and risk losing a lot of time, one of my friends suggested that I try an Immigration/Law agency saying that he had heard that some Law agencies could get a Visa appointment date within days from the Home Office. I was skeptical at first but then I looked it up over the internet and found out that a lot of Law agencies were actually advertising same day appointments for a variety of Visas. I checked internet forums and was disappointed to see a lot of people complaining about not being able to get appointments and some being forced to actually buy appointment slots from these Law agencies.

The rest is predictable. I contacted a firm and was given an appointment slot for a few days later. In fact, the receptionist who took my call told me that their firm had very good relations with the Home Office and that getting appointments for their clients was not a problem. I was charged �800 and was categorically told that the money paid was just for getting me the appointment at the Croydon Office and that they wouldn?t check my Application or supporting documents- that would entail an extra fees. Since I was not in a position to argue, I complied.

I have gone through Home Office rules for Legal representation and nowhere is it written that Law firms can actually ?sell? appointment slots without making a proper Legal Representation. When my Lawyer submitted my papers at the Croydon Office she did not even look at what she was submitting on my behalf!

I know it's very hard for an individual to fight the system but through your website I'd like to strike the conscience of all those who care about such issues and maybe some of them can make a difference and end this unscrupulous practice.

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Getting my Husband's Visa Approved - From Failure to Success

Tue, 08 Mar 2011 13:44:07 +0000

I met Matt while he was working 30 miles from my home town in Lincolnshire. He was the Dean of Students at an American study abroad college, and was here on a two year work permit. We fell in love ever so quickly! 8 months into our relationship he got the news that his contract would not be renewed, effectively ending his work permit and necessitating his return to the States. I thought my world would fall apart.

But only for a while. From birth we British are designed to chin up, have a cup of tea and think of a solution. Together Matt and I spent weeks researching our options, different visa options for him to live here, visa options for me to live with him in the States, places in Europe that might accept us� It is a confusing, contradictory minefield of information, and it often felt the world wanted us to split up and be apart �because our passports were different colours.

We eventually decided our dream was to live together in England, so Matt pursued the Tier 1 Highly Skilled Immigrant. He enlisted the help of his Vice Chancellor to assemble to complicated application, and after weeks of collecting evidence, checking and rechecking, he submitted his application in January 2009. We were advised it could take between 6 to 12 weeks, so we prepared for a long wait.

February came and went, with no word. So did March. In April we called the UKBA to hear if there was any progress. Anyone who has dealt with UKBA's School of Charm can testify it's a horrible experience! "No comment, don't phone us again". In May we started getting nervous, Matt's work permit would run out later that month and without his passport he wouldn't be able to return to USA, but if he stayed would he be penalized for overstaying his visa? We called UKBA to find out. "Not our problem, we can't help you". The US Embassy repeated the sentiment.

The application finally returned at the end of May � refused. Matt had submitted his Master's Degree Transcript instead of his Master's Degree Certificate, apparently grounds for refusal. Despite meeting every other requirement, that technicality cost him his Visa. Our world fell apart again. I cried so hard fearing the vastness of the Atlantic that would separate us.

But only for a while! We had a cup of tea, and consulted a solicitor about appealing.

After review, the solicitor advised us there was nothing we could do. Because UKBA had refused Matt's application while he still had leave to stay on his work permit (despite there only being 8 days left) we couldn't appeal without reapplying. The problem was, even if we could have scraped together another �1000, the rules had changed in April and the salary bracket had increased to just above Matt's earnings for the last year. He had gone from being eligible to ineligible at the press of a senior civil servant button. We had lost all our money, and almost all hope for staying together. Matt had to move back to USA, and I had to stay in England.

Our final hope was the UK Spousal Visa. We had been engaged for only 2 months by this point, and had been planning a 2010 wedding. The thought of being apart for over a year was devastating, it was just not an option, so we moved our wedding forward � significantly forward! A mad scramble ensued to plan our wedding in only 13 weeks, and I'll always remember this as being the most fun I ever had. Despite having to spend our entire engagement apart, knowing I was going to marry the world's finest fellow and share my life with him in a country (any country, by this point) where we both lived kept me going. This time we decided to take no risks, and begged, borrowed and scraped together the funds to pay for an immigration solicitor. The best decision we ever made!

Planning the Visa application had to happen in tandem with planning the wedding. The information about what to collect was overwhelming, there were so many people to rely on and so many civil servants, bank managers, mortgage advisers, solicitors, employers etc to manage. Philip, our solicitor, was a dragon � he stamped, signed, sealed, sought and slaughtered, anything to get this application right! I had to embark on a legal administrative treasure hunt to dig out ancient records of my lease agreement, I had to contact friends and family and ask them to a sworn affidavit that our relationship was genuine, I had to convince my bank to provide me with 6 months worth of original bank statements, the mortgage company refused to provide statements and I had around 10 heated conversations with them, being transferred from England to Scotland to Wales and back to England again. So much for being environmentally friendly with online statements. We both had to write letters justifying our love, and most humiliatingly we had to submit months worth of intimate email correspondence to prove our love for each other was above that of a friendship. I felt scrutinized, judged, and somewhat violated.

This was single-handedly to biggest project of our lives. The gods were really testing us. When our wedding finally came round and I travelled to Florida for my big day, the gods didn't stop testing us. First, one of my bridesmaids was refused entry to the US and had to go home. Then Matt and I were in a car crash the day before our wedding, our honeymoon car was totaled and although we escaped without too much injury, that cost all our honeymoon money. Choked up, I thought "Chin up, have a cup of tea, you're about to marry Matthew�"

I forgot all our worries on our wedding day. It was the most wonderful day of our lives, and even now my eyes well up when I look at our wedding photos framed on our living room wall.

Three months later, with the marriage certificate, guest list, wedding photos and details of our honeymoon, we finally had all the evidence needed to submit the application. It had taken 3 months to assemble, thousands of pounds and a lot of blood sweat and tears, but we submitted the application with a statement from our solicitor.

We heard it could take up to three months to decide, so we knew we would be spending Christmas apart. As a newly-wed, nothing hurts as much as forced separation. Prepared for another long wait, we used some of our wedding gift money to invest in a new computer with a good connection so at least we could Skype.

Six days before Christmas we had an email from Philip saying the Consulate in Chicago had received the application. This is it, we thought! Now it will spend two months on someone's desk before reviewed, and then who knows? Every day was so stressful, knowing that, a year after we heard Matt's contract would not be renewed, our life was still in the hands of others. Our future was still on hold, we could make no plans, dream no dreams, just keep waiting.

Four days before Christmas something amazing happened! Philip rang, ecstatic, saying our application had been approved!! The Consulate had taken only two days to review the application and decide we deserve to be together in England! Matt's passport returned with a big fat APPROVED stamp in it and he got on the first plane to Manchester. My husband arrived home on Christmas Eve.

A year later, and we're a family now. We own a home and we both work, and we're expecting our first baby. I dread to think what colour our baby's passport will be.

Useful and Relevant UK Immigration Forum Discussions:

Appalling UK Immigration Experience With Egyptian Spouse Visa

Sat, 05 Mar 2011 10:39:27 +0000

I met an Egyptian and was unable to get him to UK as a fianc�e or visitor. Whilst i appreciate that restrictions have to be tight, this meant that the only way to see if our relationship would work was via a marriage visa.

This gave us only 6 months to marry before the visa expired. the reality of this was being forced to marry sooner rather than later. this put pressure to marry sooner than we would have if we wished to stay together and also is not sufficient time to discover any flaws.

We applied for the FLR visa in November 2009 and it was returned to us as void in February 2010, one day before the 14 weeks after which we could question the hold up - rather a coincidence.

Contacting the Agency was horrendous! I was given 'definitive' advice that there was no line of enquiry until 14 weeks had passed, only to be told afterwards, via a response to my MP, that we could have enquired previously.

As it was a change in bank details that caused the confusion, we were advised by a solicitor that we should have been informed of the inconsistency and given a chance to pay. The agency denied this to be the case.

We reapplied immediately, finally getting a discretionary visa in June, 2010, giving my partner asylum status in many respects, with no right to appeal, and a gap on his visa.

To attempt to get this right to appeal and then actually appeal would, we were advised, be potentially very expensive and was, therefore, outside our reach.Unfortunately, the relationship has now broken down, a situation which I believe was a result of the enormous stresses and strains of the visa application process. Indeed, if the relationship was already doomed, this would have come to light without marriage and its added complications had we been able to obtain a visitor's visa or if the fiance visa was granted for a longer period.

This process involved hours of trying to contact the agency and speak to a person. On only one occasion did I feel my questions were answered, but was later told this had been wrong. It seems to me that in a country which I have always considered fair there is a grave disservice to its citizens, one which would be more likely associated with less democratic countries.

The frustration I myself felt at the bureaucracy, time and money involved to go nowhere, achieve nothing, have no course of enquiry, complaint or justice was unbelievable and totally disgraceful in our society. How can there be no right to recourse in a civilised society? The system shows abuse of both power and the under-dog.

Useful and Relevant UK Immigration Forum Discussions:

Lady Luck Student - PSW to HSMP

Thu, 03 Mar 2011 17:37:05 +0000

I came to this country in 2005 on a student visa for a Masters degree. While studying, I was working on a casual basis for the university. After completing my degree, I extended my student visa for a 6 month professional course at a college, and kept working for the university in an administrator role while looking for a permanent role in my field of study.

After that I decided to extend my student visa one last time to be eligible for IGS (International Graduate Scheme) after completing a postgraduate diploma. During that period, I successfully obtained a more 'stable' part time job as telephone interviewer for a call centre and was also casually working as event steward and doing an unpaid (only lunch and transport paid) once a week placement for a small accountancy firm in my local area.

My attitude was that even if I do not succeed to get a paid permanent job in this country, I could at least get some valuable UK work experience and references to get a good job back in my home country. I was lucky as after I came back on holidays from my home country, I succeeded in obtaining a job as a short term data analyst contract on a student visa. I then applied for IGS, but came to know that IGS was being replaced by Post Study work (2 year visa).

I started temping for a few London based companies in a data analyst role and then finally got a one year fixed term contract with another company. During that period, after completing my main job at 5 pm, I was also working extra hours for the call centre till 9 pm to get the right amount of income to be eligible for Tier 1 General (previously known as HSMP).

The managers at both jobs were very helpful and understanding with my endeavour. However, it was definitely a very stressful period for me, as the Tier 1/HSMP rules were changing , the company where I was working was in the process of restructure (hence the possibility of losing my main job at any time),the call centre was not paying me on time because of the recession. I knew that I had to keep all documentary evidence (payslips, bank statements, pay in slips receipts and letters from my employers), keep in touch with the home office ukba website news and immigration boards.

With the help of a good solicitor I applied for Tier 1 General. It was a once in a life time chance for me, and there could not be any room for any silly mistake in application, so I preferred employing a good solicitor to represent me. It was one of the best days of my life when my solicitor contacted me to tell me that I had been successful. Since then, I have been working for other London based companies on a contractual basis, and now I am looking for a permanent role.

After the general elections last year, I was still stressed because of any potential changes to Tier 1 General, but fortunately except for having to show income level again when applying for ILR, none of other changes affect me (so far!). I would advise anybody to keep improving their CV and keep the focus on your goals to be successful, and do your best to get a nice job in your field of studies.

It feels nice not to be dependent on any company to stay and work in the UK and I have to admit that although I was focused, lady Luck was very kind to me. I am now eligible to obtain ILR under both Tier 1 General rules and under 10 year Long Stay rule and I am also working in my field of studies.

Useful and Relevant UK Immigration Forum Discussions:

ILR Long Residence: Gaps? It�s Possible with Discretion!

Sun, 27 Feb 2011 10:24:31 +0000

I was granted ILR under 10 Year Long Residence a couple of days ago. I only waited 4 weeks for a decision. The Home Office do allow a single gap of no more than 10 days but one would expect that a case must be straightforward for it to take only 4 weeks to decide, but I had a major problem; I had a gap of two months.

I first came to the UK aged 7 years old, I came here with my mother but one thing led to another and we weren't fortunate to be eligible for ILR until this year. The gap occurred when I was aged 9 years old. We made an in-time application but we had moved house during the application. Unfortunately the application was refused and the application was sent back to a different address. It took a long time to realise that the Home Office had made a decision and by the time we reapplied, there was a huge gap. We subsequently made a successful application.

Over the years my mother and I became very tired having to apply for visas after visas. Our home was clearly the UK and we were both very much settled in the life here. I could not speak or write in my native language and my friends are solely based here in the UK. I felt very much settled but obviously, not technically! So around 2 years ago we realised there was a route to settlement after long residence in the UK. We had new hope. So I started to do my research and I eventually ordered our SAR files. This brought devastating news. My mother had forgotten about the gap 7 or 8 years ago and our SAR files showed a huge gap. Many solicitors and advisors said I had no chance but I didn't lose hope, a good cover letter was written up and my application was submitted.

Here's what the IDI (Chapter 18 � Long Residence) says:

It may be appropriate to use your judgement in cases where an applicant has submitted a single application more than 10 days out of time if there are extenuating reasons for this (e.g. postal strike, hospitalisation, administrative error on our part etc). This must be discussed with a Senior Caseworker.

Official Example:

An applicant has a single gap in their lawful residence due to submitting an application 24 days out of time. The applicant has however produced a letter from their consultant stating that they were hospitalised during this period. Even though the applicant submitted their application more than 10 days out of time, they have proved that there were extenuating circumstances and have endeavoured to maintain lawful residence throughout the rest of the 10 years period, discretion would normally be appropriate.

As you can see, single gaps of more than 10 days can be considered under certain circumstances, more specifically "extenuating reasons". I interpreted this as circumstances where it is beyond your control. The IDI lists some possible reasons: "e.g. postal strike, hospitalisation, administrative error on our part etc". Please note, this is not an exhaustive list and depends in every case.

In my case, my argument was that I was aged only 9 at the time when the gap occurred and I had no control or input over the matter. The change of address had also contributed to this problem. Documents from the council were provided to prove we moved address at the time. I also believe that this part of the IDI can help:

age
strength of connections in the United Kingdom
personal history, including character, conduct, associations and employment record
domestic circumstances
previous criminal record and the nature of any offence of which the person has been convicted
compassionate circumstances
any representations received on the person's behalf

These are the points that the Home Office consider before granting. I believe due to my long residence in the UK since a young age had helped to strengthen my case. If you have a settled wife/husband or settled children this can help as well.

You have to remember that many cases under this category are considered on its merits and therefore this is not a simple box ticking exercise. Each case is different and you must remember that it is not robots that are dealing with these applications.

Please take my example as proof and do not lose hope. If you have a long gap and you know at the bottom of your heart that you should be granted ILR, then please apply! The feeling of injustice kept me going when all others were saying "no" or "impossible".

Link to IDI Chapter 18 � Long Residence: http://www.ukba.home.../idischapter18/

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What to do While Waiting a Decision on Your Immigration Case

Sat, 05 Feb 2011 14:37:06 +0000

Going through UK immigration system and getting your permission to stay is a very stressful and daunting experience. It is more challenging for refugees with higher qualification. They should prepare for a challenge ahead after getting their Leave to Remain. Getting your Leave to Remain is the beginning of your main difficulties. Perhaps any asylum seeker with higher qualification should try to prepare for life after ILR during that time. Job centre is not very well tailored to help highly educated people. Perhaps it is due to the fact that British educated people usually do not need to get help from them. Therefore you should try to be job ready before getting your permission to stay in the UK.

Revalidating your overseas qualifications

One of the most challenging aspects of adoption to your new life is getting back on the track on your professional career. United Kingdom has a very traditional approach to training. There are many ways that one can use to get his/her overseas qualification accessed and revalidated.

Do not restrict yourself to a limited information resource.

Although refugee advice lines and organizations such as Refugee Education and Training Advice Service (RETAS) and Council of Refugee Academics (CARA) are very experienced in their job but you are in charge of your life. Therefore you should take control of your own progress. They would advise you on the well known practice and pathways but you will be surprised to see how many different ways have been tried by different refugees and they are all successful.

Where to start

ESOL:

The very first step is your English language skills. Regardless of your academic background you need to have a minimum level of language skills in order to integrate in any English speaking environment.

English for Speakers of Other Languages (ESOL) is the first step. You can get information about ESOL courses from your support worker. There is an evaluation meeting which can be verbal or written assessment to clarify your level of English language. Further information can be obtained from

http://www.trinitycollege.co.uk

IELTS:

The most recognised English language qualification which is accepted by almost all the organizations in the UK is International English Language Testing System. You should be at least at an intermediate level before attempting to sit for IELTS. This test has two different type known as Academic and General. Most of professional and academic organizations will ask for the academic IELTS. You can find further information about IELTS from their website (www.ielts.org). I know people who have managed to satisfy an academic department to give them an offer for s master degree without having IELTS qualification. Of course they were fluent enough in their English speaking to do so. By law you have to satisfy whoever is in charge of your application that you are capable of performing on your course. But most institutes will ask for your IELTS certificate as a proof of your skills.

Social networking:

By social networking I don't mean you get onto Face book or Yahoo or MSN. Try to build a network with all the fellow asylum seekers and refugees around you and get in touch with those who have been through the process before you. They may hold the key to your success. Listen to their story and see how they have solved their problem. You have to remember that there is no single silver bullet to solve everyone's problem. You might have to try different ways and even get to pick and mix from other people's experiences.

Work as a volunteer:

One of the beauties of British Society is their tradition in volunteering. It is a highly valued activity which can give you unique insight to British life and customs. You can choose different organizations to volunteer with. It is the most valuable experience you can wish for. I am still in contact with my friends who I worked with them as a volunteer. No matter how good a teacher is the teaching time is limited to a curriculum and shared with other students. But in volunteering you have a priceless source to improve your adoptability.

Write a good CV:

Curriculum Vitae (CV) is a short written history of your professional life. It is one of the most important pieces of writing you may ever have to write. It should show your journey through highschool and university as well as your achievements in your professional life. One should remember that there are hundreds of different types of CVs. You could get some help from your local library to find a local CV writing and development centre. But be aware that you cannot rely on someone with limited experience in writing a CV for a professional or academic career. You should use your social network to get the best help available.

Direct Contact:

Contact different academic departments directly. The very best proof of your determination and eager is your attempt and persistence in contacting the potential department directly. But be very careful not to overdo it. In these contacts you should be very polite and precise. You could use the free internet from your local library or even with the help of your local librarian get contact details for your target departments.

There are other activities you could do during this time which I will write in my next articles.

Why the UKBA's first "Interim Cap" was Unlawful

Sat, 05 Feb 2011 14:03:34 +0000

There has been a series of challenges to the lawfulness of the Government's Points Based System since the Court of Appeal's judgment in Secretary of State for the Home Department v Pankina (2010) EWCA Civ 719, (2010) 3 WLR 1526 which came out in June of 2010.

Most recently, as noted on Gherson on 19 December 2010, the Secretary of State for the Home Department lost in the challenge to the legality of the implementation in the Immigration Rules of the "interim cap" to immigration under Tier 1 (General) and Tier 2 (General) of the Points based system.

On 28 May 2010, the new Secretary of State told Parliament that it was necessary to have an interim cap so that there would not be a surge in applications under Tier 1 and Tier 2 before the Home Secretary Theresa May announced the figures for the permanent cap later in the year.

The interim cap was introduced therefore by two statements of changes in the Immigration Rules, HC 59 on 28 June 2010 and HC 96 on 15 July 2010. HC59 said that the Tier 1 limit would be published on the UK Border Agency website where the monthly visa allocation could be found. The application process and how Tier 1 visas would be allocated was also explained.

HC 96 stated that the secretary of state would be entitled to limit the "certificates of sponsorship" assigned to Tier 2 licensed sponsors. This limit would be specified in the points-based system guidance and not significantly in the Immigration Rules. (However the guidance which was published didn't in fact contain the interim limit).

Instead the guidance only said that the UKBA was introducing an interim limit on Tier 1 and 2 applications, and that the intention was to reduce these categories by five per cent. The Tier 2 figure was worked out by reference to the number of certificates of sponsorship which each individual Tier 2 Sponsor's had issued over previous months. It was said that some sponsors would see a reduction in the number of certificates issued to them. Sponsors were informed of this.

As the Court makes clear in its judgment the intention was plainly to enable the Secretary of State to change the limits by altering what it said on the website or by amending the Guidance.

It has to be said that that principle � put the framework in the Rules then change the guidance as you wish � is what the UKBA has obviously always hoped it would be able to do with the Points Based System.

In their judicial review application the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care (ECC) said that the Rules were unlawful because the limits they introduced were criteria for entry clearance. Those criteria were not published in the Immigration Rules themselves � an identical point to that which had succeeded in the Court of Appeal in the Pankina case - and so Parliament had not approved them.

Perhaps unsurprisingly the UKBA lost once more. As it said the Administrative Court had to follow the Pankina judgment but Lord Justice Sullivan also said that he would have quashed the decision anyway. The law was clear � immigration rules had to be approved by Parliament. This limit was a criterion which the Secretary of State wanted to include but she had sidestepped Parliament in her attempt to implement it.

The Court concluded that:

"no interim limits were lawfully published or specified by the Secretary of State for either Tier 1 or Tier 2" by HC 59 or 96.

The Secretary of State for the Home Department is applying for permission to appeal to the Supreme Court.

As we reported here - four days after the judgment was given Secretary of State quickly put an new Statement of Changes in the Immigration Rules before Parliament (HC 698) in which she closed the Tier 1 (General) category of the Points-Based System to applications for entry clearance and specified the level of the Government's interim limit for Tier in the Immigration Rules themselves.

The reason for closing applications for entry clearance completely is tied up with the fact that the Secretary of State is applying for permission to appeal against the Divisional Court's judgment. If she were to be granted permission and indeed to win in the Supreme Court � her interim limit for Tier 1 would always have been lawful. The nature of the limit is that any application which if granted would exceed the monthly limit must be refused. She therefore has to take account of all the applications already received and consider whether if they were granted at the previous rate there would or would not already be so many visas that the limit would be exceeded. In the light of all that, the Secretary of State has said, it makes sense to stop applications all together.

So from 21 December 2010 all references in Immigration Rule 245C to entry clearance are deleted.

It is anticipated that there will be more challenges to the points based system like this one, which has further clarified what is illegal about the system.

For professional legal advice on immigration or work permit in the UK, contact the Gherson team.

Useful and Relevant UK Immigration Forum Discussions:

ISD AS A FORM OF I.D - Applying for a Bank Account & Learners Licence

Tue, 01 Feb 2011 22:20:24 +0000

When I got my leave to remain I was over the moon and nothing was going to stand in my way. I was going to get a bank account , apply for an NI , get a job , enrol into school, get a drivers licence and go for a weekend in Spain, in other words , do all the things that I had not been able to do for the past 6 years.

Reality soon sunk in when I went to open a bank account and apply for a provisional licence.

It can be quiet challenging to open a bank account with only your ISD as your form of identity but it is possible. Some banks will accept the isd and open a basic bank account for you while others will not allow you.

I opened mine with Santander and it was stress free. I gave them my ISD and a phone bill as proof of address and told them that I had registered with an agency and was due to start work as soon as my CRB came through and needed a bank account for my wages.

Some people have managed to open basic accounts with hsbc, Barclays and Lloyds bank. With Lloyds bank you need to show them proof of employment e.g. a payslip or a contract. They will also accept any correspondence from the jobcentre stating that you have applied for jobseekers allowance or have applied for child benefit.

With hsbc make sure you don't go to a branch that deals with business banking only. If you live in Birmingham don't go to the Colmore row branch they won't allow you to open an account but the New street branch will do so.

As for the provisional licence , I went to my local DVLA as someone had told me that they would photocopy all my documents and give them back to me but to my surprise I was told to leave my original documents which I couldn't do as I needed them for job interviews.

After my interviews I sent the following to the DVLA: my ISD, NI letter from the jobcentre, phone bill, passport size photo signed at the back, D1 form and �50 money order. I received the documents back together with the provisional licence in 10 working days.

I have read somewhere on the forum where someone said they only sent their D1 form, passport size photo, money order, ISD and they got their provisional licence. Personally I think you should include anything that proves who you are , some have included an old payslip, letter from the home office stating that you've been given leave to remain or a letter from the jobcentre if you're receiving benefits.

Furthermore, for a peace of mind, when sending your documents include a prepaid recorded envelope.

I hope this information will prove to be useful to someone out there who has just received their ISD and ready to take on the world.

LIFE IN THE UK TEST: Prepare, Practice and Pass, It�s that simple!

Sat, 29 Jan 2011 13:31:37 +0000

As long as you can read English, memorize and use a PC, the test should be a walk in the park.

A lot of people said to me before the test that no one could ever pass this test and it was extremely difficult. Later I realized that these people were just making commotion of something that is relatively easier than a driving theory test. All it needed was good preparation and practice.

Initially when you do a mock test without reading the book, some of the questions will be extremely difficult to even make a guess. But these questions will be easy to answer once you read the chapters.

Also don't get intimidated by the size of the book, as the reading material in reality is not that much.

Here are a few suggestions from my experience in 2009 which might come in handy when you are due for the test.

BEFORE THE TEST

- If your English is good then you do not have to do the ESOL requirement. I still called just to give my self assurance on the Life in the UK Test Helpline on 0800 0154245.

- I bought the Life in the UK book. Great news is that you don't have to read all the chapters in the book for the test. You can also get the additional practice question book. There are online mock questions as well which I also found useful.

- I took 5-6 online mock tests and initially used to get 60% even without reading the book as most of the questions were based on general knowledge. Assessing myself and the syllabus I gave myself 2 months to prepare. Personally I was finished preparing in a months time.

- I also read the relevant chapters on my phone which are available on websites on the train to and from work.

- After each chapter, practice the questions based on that particular chapter. Identify the incorrect answers and note it down and memorize it. When you are doing these tests don't guess the answers as it doesn't help.

-Personally the chapter that took me the longest to learn was "Chapter 3. UK Today: a profile". This is because it had many statistics.

-Most of the practice questions are exactly how they are in the test so do as many mock tests as you can. When you are achieving 80% and above score on a regular basis, you know that you are prepared.

BOOKING THE TEST

- Try to take the test at least 2 months before your application is due.

- Book your Test Centre: http://classic.multi...?client=ufitest Store the test date, test time, test centre telephone number and the name of the person who booked you for the test.

- Use Google maps and national rail to view and plan your journey to the test centre and print out these details.

- I took a day off on the test day and booked a time slot for 11.00 am so I didn't have to pay peak train fare times and traffic usually isn't that bad.

TEST DAY

- Make sure you have the required identification (passport), documents, pen and the test fee. The test centre might not have change so bring the exact amount when paying by cash.

- Try to get to the test centre an hour before time. Test center waiting areas are small and you would want a place to sit down before the test starts.

- If you are running late then call the test centre and let them know ASAP.

- After they sit you inside the test room, make sure your PC, headphones and mouse are working properly.

- Remember to check your answer no matter how easy the questions are.

- Hopefully it will be a positive result and they issue your certificate 5 minutes after you finish. Make sure that the details on the certificate are correct.

- Finally make a photocopy of the certificate.

I finished the test in 3 and half minutes. It was that easy.

Hope this article has helped. Good luck.

Useful and Relevant UK Immigration Forum Discussions:

The Nightmare of Deportation

Thu, 27 Jan 2011 21:16:17 +0000

I think my sole is embedded in a wheel carriage drawn by a horse traveling in London day and night. I am in a forever true love with London and I don't know why.

My first entry to the UK was in Jan 1983 on a student visa. I completed my studies in July 1987. I returned home and joined the Iraqi air force. I spend 17 years of my life in wars, sanction and need until the fall of our regime in 2003.

On that year the benefit of my studies in UK came to surface. I started working with the US army as a translator, engineer and a supplier. My job was great and I have saved a good a mount of money but unfortunately I was abducted, threatened and I was forced to leave my job and my town. I moved with my family to the north of Iraq which is a very safe place.

In Feb 2007 I made my first contact with Bolton University to apply for a post- graduate course and following many emails and contacts I sent my application form in Feb 2008. I received my initial offer in March. The University required a 50% deposit in order to send me the official offer. I arranged for the payment of my deposit and paid for the accommodation. I received my official offer letter and I was asked to complete an ATAS application form. I made my ATAS application and prepared my self to apply for a UK student visa in Amman(Jordan Kingdom). It was a very hard work to translate many documents into English language. I applied for a visa to enter Jordan. It took 45 days to get my visa. I traveled to Jordan- Amman and made my student visa application. I was refused on the next day with the right of appeal. It was stated that I am going to work in the UK and not study. I was very angry on that day because I am telling the truth and they don't believe me.

I went back to Iraq and told my family and friends that I have been refused and they started laughing at me. I made my appeal within 28 days and send my appeal to the British embassy in Amman. In OCT 2008 I received a phone call from the British embassy, someone told me that my visa was issued and I need to collect it from the Embassy.

I applied for another visa to enter Amman ant it took 45 days again. I received my student visa in December and I went back to Iraq, I was very happy at that time. I made my contact with the University to let them know about my visa, but they told me your course has been cancelled because of lack of recruitments and we apologize for that. They don't know what I have been through and how much I paid to get my visa.

I changed my course from advanced electronics design to Advanced Materials and I traveled to the UK in Jan 28th 2009. It was like a dream to me when I arrived at Heathrow airport. Now I am in the UK after 22 years. I left the UK when I was 23 year-old youth and now I am an old bald man. It was the happiest day in my whole life.

I spent three days in London, full of joy and happiness and I traveled to Bolton to start my course. I took $ 10000, �2000 and �800 with me. I made my enrolment and started my course on the 2nd of Feb. I was very happy with my course and looking for my future. The University helped me to open a bank account and getting a student rail card. Every thing was perfect except for feeling lonely and very lonely. No many friends and student say hi to me on occasions. I went back to Iraq during the Easter holiday to see my family, wife and kids. On the second day of my holiday my brother a fake business man claimed that he had a car accident in Lebanon and asked for money for his treatment. We did not know what happened until my elder brother went there and discovered that he was thrown from a three story building and his both legs and spine were broken. I made my donation to save his life and I returned to the UK to commence my studies.

While I was in the UK I started receiving calls from Iraq telling me that peoples started coming to my father house and asking for their money. The amount was huge and nearly $800000. My brother told me to return back to Iraq and to help to solve this problem. I went back in June. I was really under great pressure because we all received death threats because of my brother fault. I stayed 2 months in Iraq and paid $10000. My father sold his only one property to pay people money.

During my stay in Iraq my spine shifted to the left. My body deformed in posture and I lost 2 stones of my weight. I went back to the UK and went to see my GP. He referred me to an orthopedic consultant surgeon. I new that I have to wait for a long time so I went to see a private chiropractor. I paid for my assessment and x-ray but he couldn't resolve my problem in more than six sessions. I tried chine's acupuncture and physiotherapy but no relief. I had a limp and the pain was killing in my right leg and I became really disabled. I met the consultant and he sent me to have an MRI scan and I was told to wait for 2 weeks to get the result. I went back to Iraq to make a private MRI scan. I received the result on the same day which shows a severe prolapsed disc and three bulged discs. I was given steroids in Iraq but the problem still there.

Now I am back to Britain and my orthopedic consultant checked my MRI and x-rays and he decided to send for surgery. I made my surgery risk assessment. I was advised by my tutors to put my health first, so I withdrew from my course because I was dying from the pain and could not walk for 10 meters. I went back to Iraq again because my son has burned his leg in the bathroom and I wanted to see my family before my surgery. I kept my contacts with Salford royal hospital regarding my surgery appointment. I asked the NHS representative at the university to find out if I am entitled for treatment and she told me yes. One NHS member at the NHS office in Bolton told me the same thing. Before going back to the UK I sent an email to the UKBA and a CC to my orthopedic clinic in Bolton to see If I am breaching the rules or not but I did not receive any answer. The hospital gave me an appointment to attend on Nov 17th 2009. I traveled on Nov 16th and upon arriving at Gatwick airport I told the Immigration officer that I have withdrew from my course and I am attending a hospital appointment. I was detained for 9 hours and then given a temporary admission for one week and ordered to leave the country because of change in circumstances. I got a big red canceled stamp on my visa in my passport.

I was subjected to a long interview in my country airport. I feel that this stamp is on my forehead and I am ashamed and dishonored.

I blame the UKBA for not responding to my email and putting me in this situation. I also blame the NHS members for misguiding me and giving me wrong answers. I never thought that telling the truth will put me in this situation. I really feel sad when I see people with fake marriage documents or using dead people Identities get an ILR but genuine students and clear sheet people receive the opposite.

Useful and Relevant UK Immigration Forum DIscussions:

Investor visa: what are the best options for high net migrants in the UK?

Sat, 22 Jan 2011 11:16:25 +0000

High net worth individuals have the option to make an application under three very different categories of the Tier 1 Scheme depending on their individual circumstances and their priorities when deciding to relocate and settle in the UK.

The most straightforward option is to apply as a Tier 1 General holder showing that in the 12 months preceding the application they have earned a gross income above �150K. However, to qualify in this category an applicant will also need to meet the English language requirement and the maintenance requirement.

However, it is important to bear in mind that theTier 1 General scheme will be removed for in country applicants on 5 April 2011. On 23 December 2010, the UK Border Agency stopped accepting entry clearance applications (from outside the UK) made under the Tier 1 General Scheme.

A second option is to invest �200000 in a UK business in order to apply for leave to enter and remain under the Tier 1 Entrepreneur. This option will be discussed in more details in a follow up article. However, we wish to focus today on the third option: the Tier 1 Investor category under paragraph 245O of the Immigration Rules.

In order to qualify, an applicant will need to show that they can claim 75 points under Appendix A. However, the prospective investor will not need to meet the English language or the maintenance requirement. Unlike it predecessor, simply referred to as "Investor", there are no restrictions on taking up employment except as doctor or dentist in training. Please note that while the Tier 1 General category allows to accumulate time spent in different immigration categories, it is only possible to aggregate time spent under the previous investor category to the Tier 1 Investor in order to qualify for settlement or Indefinite Leave to Remain.

An applicant can score 75 points under Appendix A by either:

showing that he has money of his own, under his control, held in a regulated financial institution and disposable in the UK amounting to no less that �1 million or;
that he owns personal assets, of at least �2 million when taking into account any liabilities AND that he has money under his control held in a financially regulated institution and disposable in the UK amounting to no less that �1 million which has been loaned to him by a financial institution regulated by the Financial Services Authority (FSA). In this second case scenario, an applicant is not allowed to mix personal funds with the funds loaned to him by a FSA's regulated institution.

The applicant will need to invest �750K in UK Government bonds or share/loan capital in active and trading UK registered companies within three months of the specified date.

It is important to note that the money does not have to be held in the UK, but can be held overseas although it will be converted in GBP at the time of submission. Further, it can be jointly or solely owned by the applicant's spouse, civil or unmarried partner as long as the applicant has an unrestricted right to transfer or disposal of the money. The applicant will need to provide evidence of the funds and the source of the funds unless they have been held in a bank account or in a portfolio managed by institution regulated by the FSA or the home regulator.

If the investor is relying on his personal net asset exceeding �2 million and �1 millions pounds loaned to him by a financial institution regulated by the FSA, he will need to provide a letter confirming all these details. To calculate the applicant's net worth, assets such as personal cash, investments and property will be offset against personal debts such as mortgages or other personal loans.

Once the application is approved the Tier 1 Investor will be granted 3 years. In order to apply for an extension, an applicant will need to show that he has invested �750K within the first 13 weeks from the specified date. Further this investment will need to be maintained at that level for the 5 years period. If the valued of the investments were to fall due to fluctuations in shares process, it must be corrected by the next reporting period.

The Tier 1 Investor visa leads to settlement, but the good news is that the UK Border Agency is planning to offer an accelerated route to settlement, depending on the level of investment.

About the Author
UK immigration specialist Elena Rosa Brunet of London-based Migra & Co is only too aware of the difficulties faced by companies and individuals trying navigate the visa application process. Elena, whose extensive knowledge and experience of immigration law has seen her become one of the UK's leading immigration specialists, invites both individual and corporate enquiries regarding visa applications. Elena also offers a free visa assessment service which can be found on the Migra & Co website: http://www.migraco.com To make enquiries or to speak to Elena, call: +44 203 384 3075 or email her at: info@migraco.com

Useful and Relevant UK Immigration Forum Discussions:

Best UK Immigration Discussion Threads from 2010

Sat, 01 Jan 2011 16:33:44 +0000

To round up 2010 we dedicate this article to the best UK immigration discussion threads from the last year. The criteria for this list is based on the number of responses and ratings by users as well as the number of views each thread has recieved. Hope you find it useful!

UK Immigration News

Theresa May vows to restore public confidence in immigration system Started by Tony this threads had 7,368 views and 81 replies.
They're here - New immigration charges to be announced today! Started by London_Lad this thread had 20,205 and 47 replies.
Unmarried Partner visas - switching update Started by Victoria this thread had 5,989 views and 36 replies.
Migrant workers face tougher test to work in the United Kingdom Started by Tony this thread had 5,463 views and 27 replies.
Earned Citizenship Started by kmughal this thread had 4,518 views and 26 replies.
New super premium service for applications Started by Tony this thread had 2,623 views and 17 replies.

General UK Immigration & Residency Discussion

Working n the UK

Tier 1 (HSMP)

Tier 1 (Post-Study Work)

Tier 2 and Tier 5 (was Work Permits)

Tier 4 (Was Student Visa)

Tier 5 (Youth Mobility Scheme) (was Working Holidaymaker (WHM Visa))

Spouse/Partner/Family Visas

European track

Ancestry

Appeals

Legacy Cases

Indefinite Leave to Remain (ILR)

And don't forget to view some of our members' ILR Success Stories >>

Nationality Citizenship & Naturalisation

We hope you find the above discussions useful and to all who contributed in 2010, thank you very much! You have helped many folks going through the UK immigration process. God bless and best to all in 2011!

Same Day Visa Service or Fast Track Premium Applications with UK Border Agency

Fri, 31 Dec 2010 01:23:38 +0000

The process you will follow when making an application at one of UKBA public enquiry offices. The processes vary slightly, depending on which office you attend, but the following is a general guide to what you can expect.

The times given are approximate ones for Croydon and may vary depending on the number and type of applications we receive on the day. You should allow for the possibility that your application may take longer. At Solihull, Glasgow, Liverpool and Sheffield your wait may be shorter than this.

Premium applications

Arriving at the public enquiry office
Follow the signs to the public enquiry office. (At Croydon, follow the signs to 'Appointments'.) You must have booked an appointment in advance.

If you are applying at Croydon, please arrive with photocopies of your supporting documentation, and bring your original documents with you so that UKBA can compare them with the photocopies. If you do not do this, UKBA may take longer to consider your case. Photocopies do not need to be notarised or certified by a solicitor.

Security - 10 minutes
For your own safety, you will go through an airport-style security check. Your personal possessions will all be scanned, and any sharp or dangerous objects will be taken away. Please do not bring penknives.

There is nowhere for you to leave luggage. If you bring large bags, you will need to carry them with you at all times. UKBA strongly recommend that you do not bring luggage into our Cardiff office, owing to the size of its waiting area. There are lifts at the Liverpool office. At Croydon, lifts are available for the elderly, people with young children and people with disabilities. The Solihull, Glasgow, Cardiff and Sheffield offices are on the ground floor.

Reception - 10 minutes
You will be called to a counter at reception, where an officer will complete some preliminary checks on your application. Please have all your documents ready. The officer will tell you whether your application can be considered in the public enquiry office today, or whether you must apply elsewhere or provide extra documentation.

To ensure that you are prepared when you arrive, please look at the information on UKBA website, read the forms carefully and phone our immigration enquiry bureau on 0870 606 7766 if you have any queries.

If you are applying as a student under Tier 4 of the points-based system, please ensure that your education provider is a registered sponsor. UKBA will refuse your application if your education provider is not registered.

We will only accept original documents. Any computer printouts must be validated. For example, a printout of your bank statement must be validated by your bank (which means that someone at the bank must officially stamp and sign the printout).

If your application can be considered on the day, your application form will be stamped and you will be directed to the payment desk. At Croydon, UKBA will give you a ticket and tell you where you need to go. Please keep this ticket handy, as you will need to show it to both staff and security throughout your time in the public enquiry office.

If you need to obtain a biometric residence permit as part of your application, we will remind you that you must provide your biometric information.

Paying your application fee - 10 minutes
For information about application fees and how you can pay them, see the How much does it cost? page. You should ensure that UKBA will accept the method of payment you wish to use.

If you are paying with a credit card or debit card that is not in your name, the person named on the card must be present to authorise the transaction.

After payment, you will be called to a counter to have your application processed or (if you need to obtain a biometric residence permit as part of your application) registered.

Registering your case - 5 to 15 minutes
If you need to obtain a biometric residence permit as part of your application, UKBA will register your application on our immigration database before you enrol your biometric information. You will be asked to wait until you are called to the biometric enrolment booth.

Enrolling your biometric information - 10 to 30 minutes
When your case has been registered, you will be called to provide your biometric information. UKBA will ask you to sign an acknowledgement form, to confirm that you understand what you need to do. UKBA will then ask you to place your fingers, followed by your thumbs, on a fingerprint scanner. When your fingerprints have been recorded, UKBA will take a digital photograph of your face. You will then be asked to wait until you are called to a counter.

For general information about applying for biometric resident permits, the biometric enrolment process and customer journey, see our biometric enrolment leaflet (PDF 67K opens in a new window).

Considering your case - 30 to 45 minutes
At the counter, an officer will examine your papers and make a number of checks on our immigration databases. You will be asked questions about your application, and your case will be considered according to the current Immigration Rules and regulations.

When the officer has confirmed that your application can be processed, you will be asked to wait while your passport and documents are taken to another area.

UKBA will then notify you of our decision on your application. If UKBA approve your application, we will:

insert your residence permit into your passport (see below), if you do not need to obtain a biometric residence permit as part of your application; or
tell you that you will receive your biometric residence permit by post, if you need one. We will not give you your biometric residence permit on the day of your appointment.

If UKBA refuse your application, UKBA will give you the appropriate notice of this, and tell you whether you have any right to appeal.

UKBA continue to process applications until UKBA have seen the last customer, but UKBA lock the doors at closing time for security reasons. You will still be able to leave the building after this time.

Inserting a vignette into your passport - 60 minutes
If you did not need to obtain a biometric residence permit as part of your application, UKBA will:

scan your passport; and
insert a sticker (known as a 'vignette'), which states that you have permission to stay in the UK into your passport.

The vignette will include the photograph that you provided with your application. You will be called to a counter, where an officer will return your passport and documents. In our Cardiff offices your passport will be returned to your correspondence address by special delivery.

You should check your vignette to ensure that all the details are correct.

Issuing your biometric residence permit
If you did need to obtain a biometric residence permit as part of your application, UKBA will not insert a vignette into your passport. Instead, UKBA will send you a biometric residence permit by post a few days after your appointment. If you need to travel abroad before your permit can be sent to you, you will need to apply for a visa from abroad before you can return to the UK.

If you have not been able to book up Tier 1, Tier 2, Tier 4 appointments please do let us know at the following link to make every thing easier for you in cost effective manner.

About the Author
http://www.thevasolicitors.co.uk/ -Theva Solicitors UK immigration Solicitors is a reputable immigration law firm which operates on the basis of an in-depth understanding of immigration law for last more than 15 YEARS. We are blessed with a team of experienced immigration lawyers. Our immigration solicitors are proud to be working for our private and business clients for individual immigration and business immigration each of which depends on cutting-edge legal advice to realise their business and individual goals. Our team of immigration lawyers are well placed to offer our clients local expertise within a global context

Our immigration service is unmatched when it comes to SAME DAY VISA SERVICE or known as FAST TRACK PREMIUM SAME DAY SERVICE. We have five 5 permanent same day visa appointments with the UKBA each week on Thursday for indefinite leave to remain, post study work and others

Useful and Relevant UK Immigration Forum Discussions:

UK Student Visa and Conditions of Stay

Mon, 27 Dec 2010 00:27:38 +0000

SAB and others (students-serious breach of conditions - Article 8) Ghana [2010] UKUT 441 (IAC) (07 December 2010)

This case concerned appellants originating from Ghana in the UK on student visas. The appellants applied to extend their leave by applying for a Tier 1 general visa. However, their extension applications were refused on the basis that they had remained in the UK in breach of their immigration conditions namely, having worked in excess of the hours permitted under their student visas.

One of the appellants was a research student making good progress on his doctorate. However, his leave was curtailed before his examinations on the basis of having worked over the hours permitted under the terms of his visa. An appeal against the decision was lodged and dismissed both under the Immigration Rules and under Article 8. Whilst the appellant did have article 8 arguments in favour of his appeal, the immigration judge considered the decision to be proportionate stating that, the appellant could not expect to benefit entirely from article 8 whilst remaining in the UK in breach of his conditions of leave i.e. by working excessive hours for a prolonged period of time. The judge concluded that it was a proportionate response to someone who had totally disregarded his obligations under the Immigration rules. The appellant applied for permission to appeal and this was granted.

The Tribunal noted that working restrictions on student are difficult to police and therefore, those who breach their conditions whilst other students who may wish to work longer hours but don't, should not be entitled to rely on human rights grounds for further leave to remain. This was deemed to be unfair to students who adhered to their conditions of stay.

The immigration judge considered the recent cases of Pankina v SSHD [2010] EWCA Civ 719 and CDS (PBS: "available": article 8) Brazil [2010] UKUT 00305 (IAC. The judge commented that, these cases are examples of how, those who have committed minor offences or breaches under the immigration rules may successfully rely on human rights to continue to exercise their leave/extend their leave of remain However, these cases do not provide for serious breaches of the immigration rules to be overlooked.

In this case, the immigration judge decided that there was no error of law in the initial decision to dismiss the appellant's appeal. The appellant had entered into a contract with an employer for 20 hour per week. However, in reality, the appellant worked in excess of 20 hours per week. The judge stated that the case of CDS did not give the courts free standing liberty to disregard the immigration rules and that it was unlikely that a person coming to the UK for temporary purposes could show an article 8 right. Instead, the CDS and Pankina case highlight that, a person who has come to the UK to pursue a course of study which he or she has not yet completed, may have built up an article 8 private life that deserves consideration. Public interest may be considered 'reduced' where sufficient financial resources are available. The appellants in those cases had succeeded as their breaches were technical (i.e. lack of funds for a short period due to unforeseen circumstances).

This case could be differentiated as it did not involve minor technical infringements of the immigration rules. The immigration judge concluded that the effective maintenance of immigration control is a strong public interest which must be considered in the balancing exercise by the Tribunal.

About the Author
At Ergen & Sharif, we provide a comprehensive service to prospective and existing students as well as sponsors. Simply contact us on 0207 569 3035 or alternatively email us at info@ergensharif.co.uk. http://www.ergenshar...k/Students.aspx

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Tier 1 (General) to close overseas and new interim limit set for Tier 2 (General)

Tue, 21 Dec 2010 22:30:02 +0000

The UK Border Agency has announced that it will stop accepting Tier 1 (General) applications made overseas from 00:01 on 23 December 2010. This is to ensure that we do not exceed the limit set by the government for issued Tier 1 (General) applications between 19 July 2010 and April 2011.

Tier 1 (General) overseas will not reopen for applications. Tier 1 (General) in the UK will remain open until 5 April 2011. There will be transitional arrangements beyond 6 April 2011 for some applicants who are already in the UK, and we will announce details of these in due course.

Following a court judgement on Friday, the government has also set a limit until 5 April 2011 on the number of certificates of sponsorship that are available to licensed Tier 2 sponsors under Tier 2 (General). The level of the limit will be 10,832, and the changes will take place immediately.

Immigration Minister Damian Green said:

[indent]'This ruling is about process, not policy - the policy of having a limit has not been found to be unlawful. The court's ruling rests on a technicality, which we have set right today to ensure that from now on the interim limit is back up and running.

'This judgment does not affect the annual cap in any way. The interim limit was a temporary measure introduced specifically to tackle a rush of applications ahead of the introduction of the annual limit.

'As a result of the volume of applications received since the interim limit was introduced last July, no more Tier 1 visa applications from overseas will be accepted after 22 December.

'The government remains firmly committed to reducing net migration to the tens of thousands.'

[/indent]The changes are set out in a new Statement of changes to the Immigration Rules (HC 698).

You can find Damian Green's written ministerial statement setting out the changes under 'Related documents' on the right side of this page.

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New UK student visitor visa will be introduced as of 13 January 2011

Tue, 21 Dec 2010 21:45:24 +0000

Students who wish to exclusively study an English language course in the UK will be able to apply for extended student visitor visas for up to a period of 11 months to enable them to do so. This will be introduced as of 13th January 2011 and will only be available to migrants applying from outside of the UK. The requirements under this category are the same as the current student visitor visa requirements. Work is prohibited and students are not allowed to bring their dependants, take placements or switch into other courses or extend their stay beyond their permitted leave.The fee for an extended student visitor visa will be the same as for a student visitor visa.

Students who wish to study other courses in the UK for a period over 6 months, will need to apply under Tier 4 of the points based system. Non visa nationals however, who do not usually require a visa to study for longer than 6 months, will need to apply for an extended visa in order to study a longer English language course.

The students tier (tier 4) was launched in March 2009 and students wishing to come to the UK will be assessed under the new points based system. The new system provides for a points target that applicants need to meet which means that prospective students will be able to assess themselves and see if they have enough points before making an application.

A notable change is that education providers wishing to bring students from outside the European Economic area (EEA) will have to obtain a licence from the Home Office.

About the Author
At Ergen & Sharif, we provide a comprehensive service to prospective and existing students as well as sponsors. Simply contact us on 0207 569 3035 or alternatively email us at info@ergensharif.co.uk. http://www.ergenshar...k/Students.aspx

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Establishing Credit History in the UK

Mon, 20 Dec 2010 22:44:07 +0000

Since the credit crunch, most banks in Britain have tightened lending and lending standards have become stricter for consumers. Under current circumstances, it is important for new immigrants to establish and maintain a sound credit history in the UK, even if you have a perfect one in your home coutry. Otherwise you might find it difficult to borrow from high street financial institutions.

If you plan on staying in the UK on a long term basis, you'd better treat your credit seriously as it not only has impact on your credit card applications, but also on car finance, mortgage and even job applications.
From my experience, there are three steps to start establishing your credit in the UK:

Paying bills on time

This is the first thing you should take care of under your name if you want to start on the right track for your credit history. Bills here include mainly utility bills: electricity, gas, water, telephone etc. Make sure you pay these bills on time, every time. It is ok if your payment is a couple of days late but don't do this too often. You can simply set up direct debit for these bills so every month automatic payments will be made to the suppliers.

I also believe that it will be beneficial for your credit if your name appears on things like TV License and Council Tax bills. To be on safe side, make sure you pay these government fees on time.

Maintaining a steady account balance

It is important to know your personal bank account balance at all times. This prevents you from withdrawing more than you have in your account. Otherwise it could result in adverse credit history and hefty overdraft charges.

You are advised to keep a minimum of �100 in your account. This is to show lenders and credit rating agencies that you are always on top of your personal finance. It also helps your visa application as the Home Office requires proof of �800 in a bank account at all times for three months prior to application for all Tier 1 (General) applicants, for example.

Living a mainstream life

It may sound odd, but I think it makes sense in reality. For example, your address will be checked against one of the credit agencies' database when you apply for credit, and if one person who used to live at the same address has a bad credit, your application might be affected as the system seems to assume people of a 'feather' live together.

There are more and more 'buy now pay later' shops these days. I'm sure these shops make it possible for many people to purchase items with credit. The problem is, if you buy from one of these shops, it is a clear sign that you have trouble making your ends meet. So I wouldn't even consider to purchase anything (except property) when I don't have the money. Similarly with so many high street banks offering credit cards, but you got one from a lender specialising in bad credit lending, I don't think that would help your credit rating.

One last advice, you have the right to ask the lender for the reason why your application was refused, if that's the case. They also must let you know which credit reference agencies they used to access your credit information - so you can request a credit report from the agency and see what you need to improve on. Although such reports are not free.

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Extended student visitor visa for migrants studying English language courses

Sun, 19 Dec 2010 13:46:43 +0000

From 10 January 2011, English language students wishing to attend exclusively English language courses will be able to apply for a student visitor visa allowing them to stay for up to 11 months. The extended student visitor visa will only be available to applicants outside the UK.

Students wishing to study other courses in the UK for longer than 6 months will still need to apply under Tier 4 of the points-based system.

If you are a 'non-visa-national' who does not normally need a visa to study for up to 6 months, you must apply for the extended visa if you wish to take a longer English language course.

The extended student visitor visa's other requirements, entitlements and restrictions are the same as those for the current student visitor route. The student visitor route does not allow students to work, take a work placement, bring dependants, extend their stay or switch into other courses at the end of their stay. Our Visa services section contains more information about the student visitor route.

The fee for an extended student visitor visa will be the same as for a student visitor visa.

We will carry out a review of the extended student visitor visa within the next 12 months, to ensure that it is operating as intended.

This change does not affect the ongoing consultation on the main student route to the UK (Tier 4 of the points-based system), which has set out proposals to tackle abuse and make the system more selective and robust.

A written ministerial statement about the change is available under 'Related documents' on the UKBA website.

Biometric Resident Permits - Tiers 1 and 5 of the Points-Based System

Sat, 18 Dec 2010 16:19:29 +0000

From 14 December 2010 people applying for further leave to remain in the UK under the Tier 1 or Tier 5 (Temporary Worker) categories of the points-based system will be required to provide their biometrics (fingerprints and photograph) as part of their application.

Providing biometrics helps to protect the identities of genuine applicants. If your application is successful you will be issued with a biometric residence permit. This is evidence of your permission to stay in the UK, and shows the conditions of your stay. It enables you to confirm your identity and your rights to work here, and to access public services.

If you make your application to extend your stay in the UK by post, UKBA Home Office will send you a letter after UKBA have received your application. You will be able to enrol your biometric information at one of 17 crown post offices using their walk-in service or at one of 11 Home Office biometric enrolment centres by appointment only.

If you want to make your application in person you can do this at one of our public enquiry offices or using the super premium service. You will enrol your biometric information at the same time as making your application.

You do need to apply for a biometric residence permit if you are currently in the UK and you want to extend your temporary permission to stay here in one of the following immigration categories:

Tier 2 (General) of the points-based system
Tier 2 (Intra company transfer) of the points-based system
Tier 2 (Sportsperson) of the points-based system
Tier 2 (Minister of religion) of the points-based system
Tier 4 (General) of the points-based system, including postgraduate doctors and dentists
Tier 4 (Child) of the points-based system �representative of an overseas business
domestic worker in a private household �sole representative of an overseas firm
UK ancestry
academic visitor (if you are applying to extend your stay in the UK to more than six months)
visitor for private medical treatment
husband, wife, civil partner, unmarried partner or same-sex partner of a British citizen or a person who has settled in the UK
dependant of a main applicant in a category that requires a biometric residence permit

Also, you must apply for a biometric residence permit if you use form TOC to request a transfer of your temporary permission to stay in the UK from an old passport or similar document.

You do not need to apply for a biometric residence permit if you are:

a foreign national applying to extend your stay in an immigration category not listed above - instead you will receive a new vignette (sticker) in your passport; or
a foreign national applying for permission to settle in the UK; or
a national of a country in the European Economic Area (including the UK) or Switzerland.

However, if you have been facing difficulties to book up an appointment our team of immigration lawyers happy to assist.

About the Author:
Theva Solicitors UK immigration Solicitors is a reputable immigration law firm which operates on the basis of an in-depth understanding of immigration law for last more than 15 YEARS. We are blessed with a team of experienced immigration lawyers. Our immigration solicitors are proud to be working for our private and business clients for individual immigration and business immigration, each of which depends on cutting-edge legal advice to realise their business and individual goals. Our team of immigration lawyers are well placed to offer our clients local expertise within a global context.

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Summary of Proposed Tier 4 Reform and Solutions

Thu, 16 Dec 2010 19:13:08 +0000

The Home Office has launched an 8 week public consultation 'seeking views on a range of measures to reduce the number of students that can come into the UK'.

As the case with many other public consultations on immigration policies, such as the cap on economic immigrants, change of the resident requirement for settlement in 2006, this consultation on student visa reform will merely be a formality for the government and I expect most, if not all, points outlined by the government will be implemented soon after April 2011:

Restrict Tier 4 largely to degree-level courses and child students.
Raise the Tier 4 language bar as a key requirement to apply for a higher level course. Students need more evidence if they want to renew their visas.
Close the Tier 1 Post Study Work route
Limit students' working hours and work placement, making it less possible to foreign student to enter job market
Remove permission to work for all dependants of Tier 4 students
Fast track low risk students
Tighten the accreditation regime to ensure the quality of education provision within private institutions of further and higher education for Tier 4 purposes.

Nothing jumped out from list above in terms of requirement for a student visa, consistent with the government's determination to reduce net immigration.

So where should we do?

Develop a contingency plan If you are already in the UK studying and want to stay in the UK after graduation, you are advised to develop a contingency plan for yourself, now, in case you have to leave the country. This is particularly important for those currently at English language schools. Figure out what you can do or who you can turn to in the worst case scenario.

Envisage new visa requirements

It is wise to contemplate potential visa requirements and make sure you will meet them. For example, if your current visa is to expire in April 2011 or later, you may want to maintain a good attendance record at least from now on and fail no exams; or you should consider to start your job hunting now even it's still months away from your graduation, because when the Post Study Workers (PSW) visa is to be discontinued as the government have proposed, you would have much less time to nail a job offer.

In addition to academic related evidence, I'd expect more rules on finance support will be introduced soon.

Keep in touch with your old friends

When I was in my final stage of my master's course, I also contacted my acquaintances in my home country as I thought I might need their help to find a job if I couldn't get one in the UK. Make the most use of your network, you might be surprised how useful it is

If you can't stay in the UK as planned but have managed to get a good job in another part of the world, it's still your achievement with which you have the possibility to come back to the UK in the future when you have much desired work experience.

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Questions To Ask Your Potential Immigration Lawyer

Thu, 09 Dec 2010 17:31:48 +0000

It is safe to say that finding a good immigration solicitor is not always a pleasant process: there seems to be an unlimited supply of lawyers or consultants but do you know who is the right one for you? In many cases, a couple of questions will help you decide.

However you are strongly recommended to do your homework as much as possible before you contact potential lawyers.

Do your homework First and foremost, you need to know what issues you are dealing with and understand what situation you are in. The more you know about the 'common sense' of immigration regulation related to you, the more likely you will find a reliable lawyer. For example, if you are an asylum seeker planning on applying settlement under the 'legacy' policy, you definitely need to understand who would be eligible and who wouldn't. So any solicitor claiming he/she can help any illegal immigrant to apply under the scheme should be immediately eliminated from your list (and even put on a blacklist!).

My favourite way to do my homework is visiting top immigration forums such as ukresident.com. These forums or online communities usually have well categorised topics so you can easily find what you are looking for. Pay special attention to answers or opinions from senior members of the forum � they are almost as good as qualified lawyers.

You also need to make sure you have basic understanding of immigration law. I found it surprisingly helpful to read relevant sections on the UKBA website http://www.ukba.homeoffice.gov.uk/. The official explanations here will give you the very basic idea whether the consultant you are dealing with is qualified for not.

Make notes of what you find obscure or you have problems with. This might be what you need professional help with.

Once you have done your homework, make sure you ask each and every candidate the following questions:

1. Do you specialise in my specific immigration issue?
This is the first question you should ask because you want an expert to handle your case not some novice to gain real world experience with you. If you can't get a satisfactory answer, simply ask if you can speak to another advisor who is more experienced.

2. What would be your approach be to my specific issue?
Explain briefly what issue you are facing and see if you can get a quick and straightforward answer, unless your case is really complicated. Even so, experienced lawyers should be able to explain what options you may have and how confident he/she is about your case. But don't expect to get a detailed game plan for your case during a free initial consultation.

3. How do you charge fees?
Either a flat fee or charge per hour. If your case is relatively straightforward, a flat would be ideal as you know exactly how much you are going to pay. Try to find prices in newspapers or on the internet and see what the market price is for your application. Remember you can always negotiate price but unfortunately it'd be difficult if you have a unusual or complicated case. In that case, be prepared to pay more.

One piece of advice here, stay away from those who offer you huge discount off asking price. Good lawyers' time is valuable and won't come cheap!

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Tips for Finding a Reliable Immigration Solicitor

Tips for Finding a Reliable Immigration Solicitor

Tue, 07 Dec 2010 00:57:49 +0000

As an immigrant who has worked and settled in the UK, I have to say using a reputable immigration solicitor has proven to be a wise choice, from my own experience dealing with authorities. Of course I'm not saying it is always better to use professional help than to make visa applications on your own. But if you would like to use an immigration solicitor/agent, here are some tips that you might find useful when searching for a good one as it is not an easy task.

Professional credentials

Based on the visa application forms, we can see that UK Border Agency are largely only interested in two types of legal representatives for an applicant: Office of the Immigration Services Commissioner (OISC) registered agents/advisors and lawyers that are regulated by one of the UK law societies, for example the Law Society of England & Wales.

Please note that not all OISC approved advisors are equal. In fact there are three levels: OISC Level 1 - Initial advice, OISC Level 2 - Casework and OISC Level 3 - Advocacy and representation. Personally I would choose a Level 3 solicitor because it is the highest level available and it requires more competence and speciality to become one. That being said, Level 1 or 2 advisors can still offer you valuable guidance and assistance.

If, for some reason, you'd need a free and yet qualified representative, OISC maintains a list of non-for-profit organisations which do not charge a fee for providing immigration advice and services:
http://www.oisc.gov....ation_advisers/

Reputation

If you see a lawyer in the press for positive reasons, for example commenting in a national newspaper on recent government policies on immigration, chances are the firm or the person is well recognised in the industry. However, this usually comes with a higher fee. At least that was the case for such solicitors I came across.

Another way to measure a firm's reputation is how long it has been in business. When the firm was founded and how many offices it has would give you a rough idea how successful it is. My personal take on this is that I would use solicitors that have been advertising in several newspapers for a considerable time. Ditch those with ever changing business addresses.

On-site check

Once you have a shortlist of candidates, you are strongly advised to meet them face to face, in their office, to judge whether they are professional.

Things to look at include:

The actual location of the office: if the office is in a dodgy neighbourhood, don't even bother meeting the person. Trust me, trustworthy lawyers do not operate in questionable environment.
How many employees the firm has. A rule of thumb is the more the better.
How many clients are there in the office and who they are. For example, are they asylum seekers or professionals?

I was almost fooled by a firm full of suit wearing advisors charging insanely exuberant fees. So don't consider dressing as an important factor in your decision making process.

After you have gone through the three steps explained above, you now should have narrowed your shortlist of candidates down to the final two or three solicitors. In my next articles, I will discuss what other homework you should do, the questions you need to ask and fee structures to consider before you hire a right immigration lawyer. So watch this space!

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