At MLC, we assist and advise vulnerable individuals, who have fled their country of origin and fear persecution due to their race, religion, nationality, political opinion or being a member of a particular social group. An asylum claim is made to the Home Office in person and the claim is then processed with the Home Office considering whether your claim is credible based on subjective and/or objective evidence in relation to your claim. The Home Office would consider the timing of your claim, whether you have sought protection in your country of origin and whether you can relocate to another part of your country. The Home Office will conduct a screening interview and a substantive asylum interview providing you an opportunity to give your account in detail. The Home Office will grant you refugee status for a period of 5 years should your claim be successful and if your claim is not successful, you will usually be given a right of appeal. You may not qualify for asylum but you may need to stay in the UK due to having a human rights claim. This is a matter which one of our human rights lawyers can examine and advise you on in order to secure your status in the UK. If you have already claimed asylum and this was not successful, you may still be granted permission to stay in the UK by making a fresh claim to the Home Office. If you have fresh evidence or your circumstances have changed, you can submit documentary evidence to support a fresh claim. The Home Office will grant you refugee status for a period of 5 years should your claim be successful and if your claim is not successful, you will usually be given a right of appeal.
This route opened to applications on the 1 July 2021 as an alternative to the skilled worker visa or the intra company transfer visa. One of the key advantages of the graduate visa is that you don’t need to have secured an offer of a job from a UK employer before you apply for a post study work visa. That means a graduate can take their time to find the right employment and, if necessary, work in a number of temporary jobs until they can find the best employment to start them on their career. International students in the UK may be eligible to apply under the Graduate route to extend their stay for up to two years after graduating with a bachelor’s or master’s degree, or three years if studying a PhD. To be eligible, students will have to have completed a degree at undergraduate level or above at a UK higher education institution, and they must be able to evidence a clear and compliant immigration record. Graduates will be free to use the two (or three) years to find a job and to work, with no restrictions on the type or skill level of the role during this period of leave. This includes using this time to find sponsored work and switching to the Skilled Worker route. The visa is open to students of all subjects and disciplines. There will also be no cap on the number of post-study work visas available. The new route is intended to open up the UK job market to international graduates and employers are expected to adjust their entry-level recruitment and graduate programmes to take full advantage of the new rules. The post study work visa is both employer and employee friendly as the UK employer does not need a sponsor licence to employ an overseas worker on a graduate visa and the graduate visa applicant therefore does not need a sponsoring employer. That means the international student applying for a graduate visa has a full range of employer options and isn’t restricted to those UK employers who hold a sponsor licence to enable them to sponsor a skilled worker visa holder. The graduate visa isn’t restricted to certain types of work. That means a UK employer can recruit someone to fill any level of job on any salary, without having to consider standard occupation codes, skill requirements or the minimum salary threshold. The post study work visa is flexible enough to allow you to employ someone as a barista, labourer on a construction site or on a trainee management programme. That’s because the graduate visa eligibility criteria focus on the student’s qualification rather than the job. One of the key advantages of the graduate visa is that you don’t need to have secured an offer of a job from a UK employer before you apply for a post study work visa. That means a graduate can take their time to find the right employment and , if necessary, work in a number of temporary jobs until they can find the best employment to start them on their career. The eligibility criteria for the post study work visa An international student will meet the eligibility criteria for the UK graduate visa if: The application is made from within the UK. The application is made whilst the student is in the UK on a student visa and their course was undertaken whilst on a student visa. The immigration rules state that applicants must have studied their course in the UK for at least one year or the full length of their course, whichever is the shorter period. The application is made after successfully completing a bachelor’s degree or a postgraduate degree in the UK with an approved education provider with a track record of sponsorship compliance.
MLC Immigration Lawyers are experienced at helping migrants secure Indefinite Leave to Remain (ILR) in the UK and can support you in the application process to ensure a successful result. Individuals who have held the same type of British visa for 5 years or more are eligible to apply for ILR, although in certain circumstances you may be eligible after just 3 years. Indefinite Leave to Remain enables migrants from outside of the UK to stay in the UK without restrictions and is the first step to take before applying for full British citizenship or naturalisation. Almost all other British visa routes are eligible to apply for ILR after meeting certain other requirements, including those who have been on Tier 1 Visas, Tier 2 Work Visas, and Spouse Visas. The conditions that you need to meet to qualify for ILR are as follows: You have held the same type of British visa for 5 years or more Proof that you meet the B1 levels of English You must pass the Life in the UK test No criminal record and you cannot have breached the immigration laws during your stay in the UK You cannot have spent more than 180 days outside of the UK within any year of living in the UK The requirements can vary so it’s best to speak to an Immigration Lawyer to determine if you’re eligible to apply and what you will need to include with your ILR application.
You can apply to become a British citizen through naturalisation if you meet the relevant criteria which have been set out in the British Nationality Act 1981. This is the most common approach to become a British citizen. This application is decided and granted by the Secretary of State for the Home Office. The main requirements for naturalisation involve meeting the residence requirement, settled status requirement, good character requirements and the English language test and Life in the UK test requirements. Naturalisation after holding settlement for 12 months: You are eligible to apply to naturalise as a British citizen under Section 6(1) of the British Nationality Act 1981, provided you meet the following requirements: You are aged 18 or over You are of good character i.e., do not have a serious or recent criminal record, or any adverse immigration history You are of sound mind You intend to make the UK your permanent home You have passed a Life in the UK test You have met the knowledge of English language test requirements You have met the residence requirements In addition, the following residence requirement must usually apply: You have lived in the UK for at least 5 years prior to your application You have not spent more than 450 days outside the UK in those 5 years You have not spent more than 90 days outside the UK in the last 12 months You had Settlement (also known as indefinite leave to remain/ILR) for the last 12 months; if you are not an EEA citizen You had Settled Status under the EU Settlement Scheme (also known as indefinite leave to remain) for the last 12 months; if you are an EEA citizen or eligible to apply to the scheme. Naturalisation as the spouse of a British citizen A person who is married to a British citizen will be eligible to naturalise as a British citizen under Section 6(2) of the British Nationality Act 1981. If you are married to a British citizen, you will be subject to all of the above requirements however the only difference is: You do not have to wait 12 months from obtaining ILR to apply for naturalisation. You are only subject to 3 years residence requirement i.e. should not have spent more then 270 days outside the UK in the last 3 years. All other requirements apply. When sending your application, a biometrics appointment will be mandatory to attend. After applying, a decision will usually be made in 6 months, depending on the application some may take longer. Once you have received your certificate of British Citizenship, you must send your biometrics residence permit back to the Home Office. The UK allows dual nationality for its citizens however, some countries may not. In which case they can revoke your citizenship once you have become British therefore, it is imperative for you to contact your embassy before you decide to apply for naturalisation.
You may wish to apply for leave to remain in the UK based on Human Rights considerations. Generally speaking, this can be divided into seperate categories known as Family Life or Private Life of Article 8 of the European Convention on Human Rights (ECHR). Since July 2012, elements of a Human Rights claim have been incorporated into the Immigration Rules. Such cases contain specific criteria to be met under both the Family and Private life stages. If successfully, your application will usually be granted on the Ten-year route to settlement. Please see below for types of Family and Private Life Human Rights matters. Private Life in the UK Under the Immigration Rules, leave to remain may be granted in order to protect your Article 8 right to private life if: You have lived in the UK continuously for 20 years; or You have lived in the UK for less than 20 years but there would be very significant obstacles to your integration into the country to which you would have to go if required to leave the UK; or You are under the age of 18 and have lived continuously in the UK for at least 7 years and it would not be reasonable to expect you to leave the UK; or You are aged over 18 and under 25 and have spent at least half of your life living continuously in the UK Family Life in the UK Under the Immigration Rules, you may be granted leave to remain in the UK in order to protect your Article 8 right to family life where: You have a parental relationship with a child under the age of 18 who is in the UK They have lived in the UK for the past seven years (discounting any period of imprisonment) It would not be reasonable to expect the child to leave the UK You have a genuine relationship with a partner who is settled in the UK There are insurmountable obstacles (significant difficulties) to family life continuing outside the UK.
Partners, Spouse and Fiancé Do you wish for your partner, Spouse or Fiancé to join yourself in the UK, or extend or switch their current UK visa? MLC Immigration Lawyers have assisted many Spouses, Fiancés, and Partners throughout their UK Immigration journey from intimal entry to the UK (Entry Clearance) to obtaining settlement in the UK. 1. Partners To apply as a partner, you and your partner both need to be 18 or over. Your partner must also either: o be a British citizen, o have settled in the UK (they have ‘indefinite leave to remain’ or proof of permanent residence) , ave refugee status or humanitarian protection in the UK You and your partner must intend to live together permanently in the UK after you apply. There is a requirement to provide proof of your civil partnership or marriage that is recognised in the UK, you have been living together in a relationship for at least 2 years when applying and you are a fiancé/e or partner and will marry or enter a civil partnership within in 6 months of arriving in the UK There are also other requirements which must be met in order to apply, you must have a good knowledge of English and are able financially support yourself and your dependants. There are other options which enable you to apply or extend your permission to stay, should you not meet the requirements mentioned above if: o you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK, o living together as a couple outside the UK would cause you difficulties that could not be overcome, o it would breach your human rights to stop you coming to the UK or make you leave. You must prove that: any previous marriages or civil partnerships have ended you plan to marry or become civil partners within 6 months of arriving in the UK You won’t be able to work during your engagement. You will be granted permission to stay for 2.5 years, or if you’re applying as a fiancé, fiancée or proposed civil partner a 6 months permission will be approved. 2. Spouses and Fiancés There are different routes for applying for UK Spouse Visas, including: Spouse Visas for Employed Individuals Spouse Visas for Self-Employed Individuals Spouse Visas for people with Cash Savings This is our specialist area and we can advise on the most appropriate type of visa based on your circumstances. Fast Track Services If you need to make an urgent application, we can help. Our Fast Track Service ensures your application becomes a high priority for our team of immigration experts. We work hard to make sure your application is prepared and submitted on time and to the highest standard. Spouse Visas for Employed Individuals MLC Immigration Lawyers specialise in providing UK visa support and guidance to those wishing to meet the financial requirements to sponsor their partner (spouse, unmarried partner, partner or fiancé) either to enter or remain in the UK. The immigration rules have made it highly complex to secure spouse visas in the UK. Here at MLC Immigration Lawyers we are here to advise and navigate this complicated visa route. The spouse visa route requires a large amount of paperwork including proof that you are in a genuine relationship, have a certain level of knowledge of the English language, details about your employment and proof that you meet the financial requirements. Financial requirements for Spouse Visas In most cases, you must be able to prove that you earn a gross annual income of over £18,600 in order to qualify for a spouse visa. However, there are some exceptions to this: If you have case savings, you may be able to secure a spouse visa with a lower annual income If you have children or dependents, you will likely need proof that you have access to more than the minimum annual salary If you receive ‘permitted benefits’ than you may not need to meet the minimum salary requirements The financial requirements differ depending on where you are applying from (inside or out of the UK), your financial status and the size of your family. We cater to provide immigration services to a range of professional clients and families, and can guide you through the rules of the immigration office to help you understand if you and your family qualify for Spouse and Dependent visas. Instruct MLC Immigration Lawyers and we can advise and navigate you through the minefield of rules and requirements of the UK immigration system, finding you efficient routes and quicker solutions ensuring you are not separated from your loved ones. This is our specialist area. Spouse Visas for Self Employed Individuals At MLC Immigration Lawyers, we specialise in providing services to those who are self-employed wishing to meet the financial requirements to sponsor their partner (spouse, unmarried partner, partner or fiancé) either to enter or remain in the UK. The immigration rules have made it undeniably complex and notoriously difficult for those that are self-employed to secure spouse visas in the UK. Here at MLC Immigration Lawyers we are here to advise and navigate our self-employed and corporate clients. Immigration routes for spouse visas of self employed individuals We have a wealth of experience and knowledge of supporting Spouse Visa applications for those who are self-employed as the following- Sole trader, partner or in a franchise Contractors Director and/or shareholder of a limited company An employee of a limited company who have family members with a shareholding (directly or indirectly) in the company may be considered self-employed in certain circumstances under the immigration rules. We cater to provide immigration services to a range of professional clients. Instruct MLC Immigration Lawyers and we can advise and navigate you through the minefield of rules and requirements of the UK immigration system, finding you efficient routes and quicker solutions ensuring you are not separated from your loved ones. This is our specialist area. The financial requirements for spouse visas in the UK are very strict and a large amount of paperwork is required as part of your spouse visa application. We can help ensure you understand the requirements and are able to successfully secure a spouse visa by advising on the best practice for completing the visa application. We are also able to find ways to combine your self-employment income with employment or other sources of income you may be receiving. We are here to work with you to find a way to meet the challenging immigration requirements. Spouse Visas – Requirements for Proof of Cash Savings MLC Immigration Lawyers specialise in providing UK visa support and guidance to those wishing to meet the financial requirements to sponsor their partner (spouse, unmarried partner, partner or fiancé) either to enter or remain in the UK based on their combined cash savings. MLC Immigration Lawyers specialise in supporting Spouse Visa applications and are on hand to advise and navigate this complicated immigration route. The spouse visa route requires a large amount of paperwork including proof that you are in a genuine relationship, have a certain level of knowledge of the English language and proof that you meet the financial requirements. Financial requirements for Spouse Visas based on Cash Savings In most cases, you must be able to prove that you and your partner have a combined case savings of over £62,500 to qualify for a spouse visa. If your savings are less than the minimum requirement but higher than £16,000, you can use the savings to reduce your financial requirement with funds from either employment, investments, stocks, shares, etc. Contact our team to discuss your options if this is the case. We cater to provide immigration services to a range of professional clients and families, and can guide you through the rules of the immigration office to help you understand if you and your family qualify for Spouse and Dependent visas. Instruct MLC Immigration Lawyers and we can advise and navigate you through the minefield of rules and requirements of the UK immigration system, finding you efficient routes and quicker solutions ensuring you are not separated from your loved ones.
EU Settlement Scheme For EEA nationals and their family members. The EU Settlement Scheme (EUSS) was introduced to be compatible with the European Union (Withdrawal Agreement) Act 2020 and with the Citizen’s Rights Agreements agreed with EEA and Swiss citizens, and their family members. This allows these citizens and their family members to apply for valid immigration status to enter and remain in the UK. Status granted under the EU Settlement Scheme will be under one of the following: EUSS Family Permit (entry clearance to the UK as the family member of an EU/EEA/Swiss citizen for 3 or 6 months) Indefinite leave to enter/ILE (for out-of-country applications) Indefinite leave to remain/ILR (also known as Settled Status, for in-country applications) Limited leave to enter for 5 years (for out-of-country applications) Limited leave to remain for 5 years (also known as Pre-Settled Status, for in-country applications) EUSS Family Permit: You may be eligible to receive a Family Permit to come to the UK if you are the family member of an EU, EEA, or Swiss citizen. To be eligible, the following requirements must be met: You are the eligible family member (spouse, civil partner, unmarried partner, child/grandchild under 21, dependent child/grandchild over 21, dependant parent/grandparent) of an EU, EEA or Swiss person Your family member i.e., the EU/EEA/Swiss citizen was living in the UK by 31 December 2020 Your family relationship began by 31 December 2020 Your family member is already in the UK or will be travelling with you to the UK. You must be able to provide the following documents to support your application: Valid passport Evidence of the relationship with your EU/EEA/Swiss family member Proof of your family member’s income and residence in the UK Pre-Settled Status – Relevant EU/EEA/Swiss citizens An EU/EEA/Swiss citizen can apply for Pre-Settled Status if they were residing the UK by 31 December 2020. They must provide proof of their nationality as well as proof that they were residing in the UK by 31 December 2020. If successful, they will be granted with 5 years limited leave to remain in the UK i.e. Pre-Settled Status. After successfully completing this, they will then be eligible to apply for Settled Status, provided they meet all the requirements at the time of application. Pre-Settled Status – Family Members To apply as the family member of a relevant EU/EEA/Swiss citizen, they must have been residing in the UK by 31 December 2020. Any national of any country can apply to the citizen, provided you can prove the family relationship. The following family members can apply: Spouses: You must have been married before the specified date or you must have been a ‘Durable Partner’ as defined under Appendix EU at the specified date. Civil Partner Your civil partnership must have formed before the specified date or you must have been a ‘Durable Partner’. Children under 21 Children must be the direct descendant of the relevant EU/EEA/Swiss citizen. This also includes grandchildren and great-grandchildren. Dependant Children over 21 Children must be the direct descendant of the relevant EU/EEA/Swiss citizen. This also includes grandchildren and great-grandchildren. They must be dependant to the relevant citizen financially, medically or any other way and provide evidence of this. Irish citizens do not need to apply for pre-settled status but may choose to do so. However, their family members must apply to the Scheme.
If your application or asylum claim has been refused, you would, in most cases be given a right of appeal and this would be set out in the notice of decision issued by the Home Office. An appeal will allow you to challenge the decision before the First Tier Tribunal where a Judge will decide if the refusal was correct in law or should be overturned. There is a strict timetable that has to be followed in respect of an appeal starting with lodging an appeal, which must be done within 14 days or 28 days if the decision relates to an application made outside the UK. Once an appeal is lodged an appeal bundle has to be prepared and filed after the Home Office have filed their bundle. The Home Office would then review their decision based on all the evidence submitted in the appeal bundle. If the decision is maintained then the appeal would proceed to the hearing stage. We assist clients throughout the full process of lodging an appeal, preparing strong legal arguments accompanied with the appeal bundle and representing them at the hearing itself. Should the appeal fail at the first stage, we represent clients before the Upper Tribunal (higher immigration court).
Do you wish for a family member, friend or partner to come and visit yourself in the UK, or perhaps you would like to visit the UK for tourism purposes or to attend an event such as a wedding? Visit Visas remain complexed in nature. Unfortunately, these applications do carry some of the highest rates of refusal generally, therefore it is important to pick a repeatable Immigration representative to help prepare your application. Visitor Visas allow foreign nationals who are subject to immigration control to enter the UK for a short period of time. This period is usually a maximum of six months. A long term (multiple visit) visa can also be obtained for either 2 years, 5 years or even 10 years. Eligibility to apply for a Visitor’s Visa will depend on what you intend to do whilst you are in the UK. You must show both a genuine reason to enter the UK and also a genuine intention to return to your country of origin. You must also have sufficient funds to support and accommodate yourself and to be able to meet the cost of your return or onward journey, so we recommend a consultation with one of our specialists prior to submitting your application to ensure success. One of our caseworkers will take detailed instructions about your situation to assess your eligibility and find the right type of Visitor Visa for you. He/she will also prepare a Letter of Representation to accompany your application. This letter includes information about your case and its merits and it also links your case to other successful cases. Your caseworker will also complete your application to the highest standard in order to maximise your chances of success. Get in touch with us now to speak with one of our advisers.
From the 11 April 2022 a new Business Immigration route of Global Business Mobility comes into force. This route can be separated into five subcategories discussed below. This new route replaces or makes changes to some existing Business Immigration categories such as Sole Representative of an Oversee Business and the Intra Company Transfer (ICT) route. There are five separate global business mobility routes currently: – Senior or Specialist Worker route Graduate Trainee route UK Expansion Worker route Service Supplier route Secondment Worker route The new Immigration Rules confirm that, depending on which of the above assignments they are on, applicants will face the following requirements: Sponsorship by the UK entity receiving applicants Appropriate skill level for the role A salary threshold Minimum length of time an applicant has been employed by the overseas firm Assignments will be temporary (though flexible and routes should be switchable to more permanent status) UK EXPANSION WORKER The Global Business Mobility – UK Expansion Worker Visa is for senior managers and specialist employees who wish to be assigned to the UK temporarily to undertake work related to the expansion of an overseas business in the UK. Sponsors may send a maximum of 5 workers at a time. The UK Expansion Worker route can only be used when the UK business has not yet started trading. If the business is already trading in the UK, you should apply for a Global Business Mobility – Senior or Specialist Worker Visa instead. The Global Business Mobility – UK Expansion Worker Visa does not lead directly to settlement in the UK. However, you may be able to switch into another immigration route which does lead to settlement. Applicants may be joined or accompanied by a partner and dependent children. In order to qualify for a Global Business Mobility – UK Expansion Worker Visa, you will need to satisfy UK Visas and Immigration that: You are aged 18 or over; You are currently working for a business or organisation that is linked to your UK sponsor by common ownership or control; You have worked outside the UK for the linked business or organisation for a cumulative period of at least 12 months, unless you are a high earner earning £73,900 per year or more or you are a Japanese national seeking to establish a UK branch or subsidiary of the linked business or organisation under the UK-Japan Comprehensive Economic Partnership Agreement; You have a valid Certificate of Sponsorship issued by your UK sponsor for the job you are planning to do; The job you are planning to do is genuine; The job you are planning to do is skilled to at least RQF Level 6 (graduate equivalent); Your salary will be equal to or exceed both £42,400 per year and the ‘going rate’ for the job; You have enough money to support yourself without relying on public funds; You have provided a valid TB certificate, if required. If your application for a Global Business Mobility – UK Expansion Worker Visa is approved, you will be granted entry clearance for either 1 year after the start date of the job detailed in your Certificate of Sponsorship or the time given on your Certificate of Sponsorship plus 14 days, whichever is shorter. If you want to stay longer in the UK, you will be able to apply to extend your visa for a further 12 months. You will be able to stay in the UK for a maximum of 2 years on a UK Expansion Worker Visa. The Global Business Mobility Visa: UK Expansion Worker Visa does not lead directly to settlement in the UK. However, once in the UK, you may be able to switch into another immigration route which does lead to settlement, such as the Skilled Worker route or the Start-up route when combined with the Innovator route. You will need to satisfy the requirements of the immigration route that you wish to extend into. Details of all the main immigration routes, including whether they lead to settlement, are available on our website. Global Business Mobility – UK Expansion Worker Visa holders can be joined or accompanied by a dependent partner over the age of 18 and dependent children under the age of 18. The Global Business Mobility routes are open to businesses of all sizes, providing they have a trading presence outside the UK and a qualifying link to a UK business. In order to hold a Global Business Mobility sponsor licence, the UK business that will be receiving the worker must: Have an existing presence in the UK; Have qualifying links to an overseas business from which it will receive workers; Have suitable key personnel who will be responsible for the managing the licence; and Have systems in place to meet the sponsor licence duties. In the case of a Global Business Mobility – (UK Expansion Worker sponsor) the UK business must provide credible evidence that it intends, and is able, to establish a new UK branch or wholly-owned subsidiary of an established overseas business. The overseas business must normally have been trading overseas for a minimum of 3 years (although there are some exceptions to this requirement). Businesses that wish to apply for a UK Expansion Worker sponsor licence are required to have a UK footprint rather than a trading presence. This means that they should be able to provide evidence of either a UK premises or Companies House Registration, but they should not yet have begun trading in the UK. The overseas business will also need to satisfy the Home Office that it is capable of successfully expanding into the UK. It will need to provide a credible business plan for expansion and demonstrate that it can finance its expansion plans. The Home Office will normally expect the overseas business to be a stable or growing business that has undertaken preparatory work towards expansion. Senior or Specialist Worker The Senior or Specialist Worker (SSW) strand of the GBM routes reforms and replaces the Intra-Company Transferee (ICT) route. It is designed for use by senior managers and specialist employees of an international group business who are being transferred to one of the group’s UK businesses. Many of the elements of the ICT route are carried over from ICT, including that the minimum skill level is Regulated Qualifications Framework (RQF) Level 6 (graduate level equivalent) and that there is no English language requirement. SSWs must be working for the sponsor group at the time of application, and have worked for the group abroad for at least 12 months unless they are a high earner. Although applicants under these codes will be able to extend their stay under transitional arrangements, new applicants will need to use either the Skilled Worker or Temporary Work – Creative Worker routes instead. This will require their sponsor to have a sponsor licence under the relevant route. The maximum grant of immigration permission under this strand is five years after the start date of the UK assignment, and subject to the overall maximum grant periods for the GBM routes. Graduate Trainee The new Graduate Trainee provisions reform and replace the Intra-Company Transfer Graduate Trainee route for work placements in the UK as part of a graduate training course leading to a senior management or specialist position within an international business. The minimum salary requirement is raised from £23,000 to £23,100. The salary must also be above 70% of the going rate for the relevant occupation, and the occupation must be listed as an eligible occupation for the GBM routes. Graduate Trainees must have worked for the sponsor group for at least the three months immediately before the date of application. The maximum grant of immigration permission under this strand is one year after the start date of the UK assignment, and subject to the overall maximum grant periods for the GBM routes. Service Supplier This strand reforms the Temporary Work – International Agreement provisions for service suppliers coming to the UK to provide services in line with one of the international trade agreements the UK is a party to. ‘Service suppliers’ are defined as contractual service suppliers employed by an overseas business, or self-employed independent professionals based overseas. Under the new provisions, applicants must: Have a certificate of sponsorship from a sponsor licenced for the strand, including a confirmation they will be paid at least the national minimum wage; Either be filling a job in an occupation listed as eligible for the GBM routes under Appendix Skilled Occupations, or have a university degree or equivalent technical qualification, subject to limited exceptions; Be working as or for the overseas service provider at the time of application and outside the UK for at least a cumulative period of 12 months; Normally have at least three years’ professional experience in the sector they will be working in; and Meet certain requirements regarding being a national or permanent resident of the country they are based in. Immigration permission under this strand will be granted for up to 12 months if the relevant international agreement being relied on is the UK-EU Trade and Cooperation Agreement or the UK-Swiss trade agreement, or up to six months in all other cases. Secondment Worker The Secondment Worker strand covers individuals being seconded to the UK as part of a ‘high value contract or investment by their overseas employer’. Sponsorship must be provided by the UK business involved in the transaction, and the relevant contract must be registered with the Home Office. It is anticipated that the Home Office will assess the value of the contract at that stage. A secondment worker also must: Have a certificate of sponsorship from a sponsor licenced for the strand, including a confirmation they will be paid at least the national minimum wage; Be filling a job in an occupation listed as eligible for the GBM routes under Appendix Skilled Occupations; Be working for the overseas business their sponsor has a Home Office-registered contract with at the time of application; and Have worked for the overseas business for a cumulative period of at least 12 months. Immigration permission may be granted for up to one year initially and extended up to a maximum of two years. Secondment Workers may be accompanied by dependants, whereas the dependants of secondee visitors were previously granted leave outside the Immigration Rules. The secondee visitor provisions that currently cover secondees from clients of UK export companies are not deleted under the Statement of Changes. So, for the time-being, these are still available for use where they are met.
Please note: This route is now closed for all new Applicants. Existing applicants may be able to apply for an extension of their current visa or settlement if they qualify. The Overseas Representative of Business, otherwise known as the Sole Representative Visa, allows business individuals or foreign investors to establish an overseas company or brand of an existing company in the UK. There are many qualifications and terms that you will need to meet in order to qualify for a Sole Representative Visa, but working with an experienced UK Immigration firm can ensure a successful application and significantly simplify the complicated process of applying for the Sole Representative visa. Although the application process is complicated, there are benefits of securing a Sole Representative Visa: it does not fall under the UK’s points-based system, it is available to businesses of all sizes and once you are granted the visa, you’ll have the opportunity to build your UK business. Under this visa, you are permitted to employ other people or even apply for a sponsor licence to take on more overseas staff. Successful applicants are granted three years’ stay with the opportunity to extend to five years and then can even apply for Indefinite Leave to Remain. What are the requirements for people applying for a Sole Representative Visa? The applicant must be a senior employee of an overseas business that has no existing branch or subsidiary in the UK, and only one Sole Representative visa is permitted per company The business must have a headquarters and principal place of business overseas, and you must have been recruited to the business from outside of the UK You need to have full authority to take operational decisions on behalf of the business The business or UK subsidiary you establish must undertake the same type of work as the overseas business You cannot be a majority shareholder in the company and only own shares up to 50% The applicant must be a full-time employee and must prove that they can maintain and accommodate themselves and their dependents without recourse to public funds Proof of sufficient English language ability, CEFR level A1
The Entrepreneur visa is now closed for new applicants seeking entry under this route. However, those who are already in the UK with leave as a Tier 1 Entrepreneur or dependent family member of a Tier 1 Entrepreneur can extend their visa until 5 April 2023. Applications to settle under this route (indefinite leave to remain) also remain open. Extending or settlement (ILR) as an Entrepreneur migrant can be broken down into the following requirements: – Investment. (Must show a minimum investment of £200,000 or £50,000 depending on the initial grant). Job creation. (Must create the equivalent of at least two full time job roles for settled people during the applicant’s current grant of leave). Registration. Must have registered as a Director with Companies House or the HRMC within six months of arrival in the UK. English Language requirements/ Life in the UK (for settlement applications). Continuation of business activity. Must continue to be named as a Director within three months of the date of submission. Maintenance funds (for extension applications). Must evidence adequate maintenance funds for the Applicant and any dependants within 90 days of submission. Genuine Entrepreneur test. Must provide evidence of genuinely operating their business throughout current grant of leave. Applications for extension or settlement can be made by a single Entrepreneur or two individuals as part of an Entrepreneur team if they had previously been granted leave as an Entrepreneur team. If applying as an Entrepreneur Team all the requirements are shared between both applications. For example, the investment amount of £200,000 will be evidence by each applicant showing £100,000 of investment each. If applying for your extension, a successful applicant will receive a further grant of two years. Upon completion of five years in total you may apply for settlement (ILR) subject to fulfilling all the criteria. We understand many Entrepreneurs have been affected by the COVID pandemic which may have caused issues meeting the requirements for extension or settlement. The Home Office has provided certain concessions to those Entrepreneurs who have genuine been unable to fore fill the requirements of their visa due to the pandemic. MLC Immigration Lawyers have assisted many individuals successfully obtain their visa under these circumstances.
The Global Talent visa replaced the Tier 1 (Exceptional Talent) visa in February 2020. Generally, the criteria has largely remined similar to its predecessor. This visa category is aimed for talented and promising individuals in specific sectors wishing to work in the UK. The overriding objective with this visa category is to attract the best and brightest talent within their chosen fields. Applications can be made by either a recognised ‘talent’ or an applicant with ‘promise’. An applicant who wishes to apply as a ‘talent’ must prove he is currently recognised as an industry leader within his or her field. An applicant who wishes to apply as a ‘promise’ must demonstrate he or she is likely to be recognised as a ‘talent’ in the near future. To be considered for entry under the Global Talent visa, applicants must normally seek endorsement from one of six endorsing bodies engaged by the UK Home Office. The current endorsing bodies are as follows: The Royal Society British Academy Royal Academy of Engineering Tech Nation Arts Council England UK Research and Innovation (UKRI) The Application process can be broken down into two stages: – 1. An application for an endorsement by a relevant institution. 2. A Home Office application for permission to enter or stay in the UK within three months of receiving an endorsement. If you are applying for endorsement in the fields of science, engineering, medicine, the social sciences or the humanities, or for other academic and research roles, the Home Office will refer your application to the British Academy, Royal Academy of Engineering, Royal Society or UK Research and Innovation (UKRI) which will make an endorsement decision based on the evidence you provide. If you are applying for endorsement in non-academic fields of arts and culture and digital technology, your application will be referred to Arts Council England or Tech Nation, which follow separate endorsement criteria. Holders of certain prestigious prizes can apply for a visa without going through the initial endorsement stage. Each endorsing body has its own set of criteria for a Global Talent endorsement, but in each case you will need a substantial body of work and support from experts in your field. There are four different ways to qualify for the Global Talent Visa. These are: Peer reviews – requires an endorsement from an approved endorsing body. Senior appointments – granted by British universities, educational and research institutes and are endorsed by the same bodies as the peer views. Fellowships – gained at research institutes or a high education facility which has gained the approval of the endorsing bodies. Endorsed funding – assessed by the UKRI and offers a fast track to settlement. If endorsement is granted, the final immigration decision rests with the Home Office. The Applicant will then need to submit an application to the Home Office for acceptance under the Global Talent route. Under this visa type, you can apply for settled status just after 5 years if you are working in the fields of science, engineering, humanities or medicine. After holding settled status for a year, individuals under this visa category may apply for Naturalisation and become a British citizen. Under this visa scheme, individuals can bring dependents and immediate family members to the UK with them. They will have full access to studying and work in the UK. The scheme also permits an exemption from the absence rule, allowing individuals to travel and work abroad as long as it is relevant to your research. This means visa holders can freely travel for research without worrying about the impact on settlement applications.
If you are a business owner in the UK and wish to employ someone from outside of the UK (or an individual in the UK who may require a skilled worker visa) for a particular job role you may require a Sponsorship License. This means that your business will firstly need approval from the Home Office before you can hire any selected individual. In light for the UK’s recent withdrawal from the European Union, many businesses who have relied on flexible movement and working rights for individuals coming from Europe have now found they require a sponsorship license to continue to hire the staff they require. With this bring said, many businesses have already taken steps to acquire a sponsorship license for their organisation in order to attract the best and brightest talent from Europe and also around the globe for their business needs. Obtaining a Sponsorship license allows your organisation to attract the best talent from around the globe. Whether you have already identified the individual(s) you wish to hire or generally wish to obtain the license in order to have greater candidates to chosen from we always recommend business the obtain a licence. The process of acquiring a license and hiring your chosen staff member can be broken down into three specific stages as follows: – Stage 1: Apply for a Sponsorship license for your business Stage 2: Assign COS to chosen Individual(s) Stage 3: Apply for skilled worker visa for the chosen individual(s) Each stage outlined above is dependent on a successful decision at the prior stage (i.e. a COS cannot be applied for until the business has successful received a sponsorship license). If your business is successful, you will be given a licence rating and will be able to issue certificates of sponsorship (COS). Your license will be valid for up to 4 years. To get a license, you can’t have: Unspent criminal convictions for immigration offences or certain other crimes, such as fraud or money laundering and any history of failing to carry out your sponsorship duties. Also You will need appropriate systems in place to monitor sponsored employees. You will be required to appoint people within your business to manage the sponsorship process when you apply for a license The fee for applying will depend on the size of your business. For small businesses the fee is currently £536. For Medium to Large business the fee is currently £1,476. You’re usually a small business if: Your annual turnover is £10.2 million or less You have 50 employees or fewer
Please note: This route is now closed for all new Applicants. Existing applicants may be able to apply for an extension of their current Investor visa or settlement if they qualify. The Tier 1 Investor Visa route exists for high-net-worth individuals who can make a substantial financial investment in the UK as an investor. Individuals applying for this visa route must prove that they can invest a minimum of two million pounds into UK-registered companies over the course of at least five years. This visa route is open to individuals seeking initial entry as an Investor, those seeking an extension of their current investor visa, those seeking to switch from a permitted visa in the UK or those seeking settlement (ILR) within this category. In order to qualify for a UK Investor visa, you will need to satisfy the following UK Investor visa requirements: You have funds amounting to at least £2 million belonging to yourself, your partner or the two of you jointly. The money is held in a regulated financial institution. The money is freely transferable to the UK and able to be converted to pounds sterling. You have opened a bank account with a UK regulated bank for the purpose of investing not less than £2 million in the UK. Your initial UK Investor visa will be valid for either 3 years and 4 months (if applying from overseas) or 3 years (if applying from within the UK). Once you have entered the UK Investor visa category, you will need to invest at least £2 million in qualifying investments. You will need to invest at least £2 million in actively trading UK companies within 3 months of entering the category. You will then need to maintain your investment. Certain regulations apply in relation to qualifying acceptable investment channels. These are namely, share capital and/or loan capital in active and trading UK registered companies. The Immigration Rules for UK Investor visa applicants contain various restrictions on permitted investments. For example, investments in offshore companies or trusts, open-ended investment companies and companies mainly engaged in property investment, property management or property development are all prohibited. In relation to achieving an extension of your current investor visa the requirements that you will need to satisfy in order to qualify for a UK Investor visa extension will depend upon whether your initial UK Investor visa was granted before 6 November 2014, between 6 November 2014 and 28 March 2019 or on or after 29 March 2019. You may be eligible to apply for indefinite leave to remain in the UK as a UK Investor visa holder after spending 2, 3 or 5 years in the UK. The requirements that you will need to satisfy in order to qualify for ILR as a UK Investor visa holder will depend upon when your initial UK Investor visa was granted and the amount of your investment. You will be able to extend your stay as a UK Investor visa holder for a further 2 years, before qualifying for indefinite leave to remain (settlement) after 5 years. In order to settle in the UK as a UK Investor, you will need to spend not more than 180 days outside the UK in any 12-month period and, have sufficient knowledge of the English language and Life in the UK. The Tier 1 Investor category has the shortest investor immigration application processing time among the G8 countries making it a great option for investors. The requirements and application process can vary for this visa route, so it’s best to speak to an Immigration Lawyer to determine if you’re eligible to apply and what you will need to include with your application.
The Skilled Worker visa, which has replaced the Tier 2 (General) visa, is the main UK immigration route for non-UK resident workers. The Skilled Worker visa allows employers to recruit non-UK resident workers for certain eligible, skilled roles. The visa is open to individuals who attain 70 points by meeting specific requirements such as skill and salary level, English language ability and having a qualifying job offer from a UK sponsor. Under this route, applicants will need to accrue a total of 70 points to be eligible for a visa, including EEA nationals recruited from outside the UK after 1 January 2021 and who are not eligible for status under the EU Settlement Scheme. To determine if the job is eligible for the Skilled Worker route, the sponsor should identify the relevant SOC code for the role. This is usually done using the ONS occupation coding tool. The job description on the list should match the position being filled. Once the code has been identified, this will need to be cross-referenced with the list of eligible jobs to check that it is included and is eligible under the Skilled Worker route. The Home Office can refuse the visa application is the incorrect SOC code is used. Healthcare professionals looking to work in the UK health or adult social care sector should instead look at the Health and Care Worker visa. This route is specifically designed for health sector occupations and offers a number of benefits to visa holders over the Skilled Worker visa, such as a lower application fee and exemption from the Immigration Health Surcharge. The Skilled Worker visa general minimum salary threshold is £25,600 per year, unless the ‘going rate’ for the particular role is higher. Every occupational code is assigned a going rate. The salary level must be calculated by the hour and not just annually. Minimum pay can be no less than £10.10 per hour, even if the annual salary is above the required level. In some cases, where the job on offer will pay less than the general salary threshold or specific salary requirement for that role – but no less than £20,480 – the applicant may still be eligible to apply for a Skilled Worker visa by trading specific characteristics against a lower salary to attain the required number of points. Provided their salary is at least £20,480 per year, the applicant can rely on a salary of 70% – 90% of the relevant going rate for the job, provided one of the following applies: where an applicant has a job offer in a specific shortage occupation; or they have a postdoctoral position in science or higher education; or they have a science, technology, engineering or maths (STEM) PhD level qualification relevant to the job (if they have a relevant PhD level qualification in any other subject the salary must be at least £23,040); or they are a ‘new entrant’ to the UK labour market. A new entrant is someone who is under 26 on the date they make their application and is applying for a maximum period of 3 years’ leave as a skilled worker, those sponsored in postdoctoral research positions, those in professional training or studying for professional qualifications, registration or chartered status or a recent graduate, or in professional training. The salary requirement for new entrants is 30% lower than the rate for experienced workers in any occupation, even though the minimum of £20,480 must still be met. There are also different minimum salary rules for workers in certain health or education occupations. The required level of English is a minimum level B1 on the Common European Framework of Reference for Languages scale for reading, writing, speaking and understanding English. Most Skilled Worker visa applicants will need to prove they meet the English language requirement, unless they have already done so as part of a previous UK immigration application or if they are a national of one of a number of exempt countries. Before the worker can submit their visa application, their UK sponsor must first issue them a valid Certificate of Sponsorship (CoS) to confirm that the individual and role meet the sponsorship eligibility requirements. The CoS is a reference number that the Skilled Worker visa applicant will need to provide with their Home Office application. Only licenced sponsors can issue a CoS. Sponsors will need to apply for a defined CoS. This is a specific application to the Home Office, and details of the specific job and salary will need to be provided. The applicant must show they meet the financial requirement, and have sufficient funds to support themselves as they will not have access to public funds such as benefits. Applicants must have at least £1,270 in their bank account when applying. This amount must have been available for at least 28 consecutive days, with day 28 being within 31 days of making the visa application. The applicant will need to provide evidence of their savings, unless they have been in the UK for 12 months with lawful status, or if their sponsor agrees to meet their costs of up to £1,270 during their first month in the UK. Additional funds will be needed if dependants are applying. Some applicants may also need to show a criminal records certificate, if their occupation requires this. The skilled worker visa is usually granted for up to 5 years. At this point, the visa holder would need to apply to extend the visa or on completing the 5 year residency requirement, they may become eligible to apply for UK indefinite leave the remain. There is no limit on the number of times you can extend the skilled worker visa, provided you continue to meet the visa requirements. If the visa holder changes sponsor or jobs, they will need to apply for a new period of leave.
Start-up Visa The UK Start-up visa is for individuals seeking to set up and establish a new business in the UK. These individuals will generally be new entrepreneurs without a track record of running their own business. There is no requirements to invest or secure any amount to funding into the business at the initial start-up stage. The UK Start-up visa category is suitable for early-stage, but high potential, entrepreneurs who are looking to start a business in the UK for the first time. Your business idea must be approved by a Home Office approved endorsing body prior to apply for your visa. Please find general Start Up visa information and requirements to consider below: – There is no minimum investment funds required. You must have an innovative, viable and scalable business idea which must be firstly approved by an ‘endorsing body’. The Endorsing body must be is satisfied that you will spend the majority of your working time in the UK on developing your business venture. If approved, you must apply for your Start Up visa within 3 months of your approval from the endorsing body. If successful, your start up visa will be granted for a two-year period, however this cannot be extended and does not lead to settlement. In order to achieve settlement, you must switch into the Innovator visa category for a further three years. Partners and children under 18 can also apply as your dependents. You must be least 18 years old and have not previously established a business in the UK (unless you previously held leave as a Tier 1 Graduate Entrepreneur) You must prove you are competent in the English language to at least CEFR Level B2 (equivalent to IELTS 5.5 in reading, writing, listening and speaking); If you are outside the UK or have been in the UK for less than 12 months then you have at least £1270 to support yourself, plus £285 for a dependent partner, £315 for a first child and £200 for each additional child. The Home Office has published a list of endorsing bodies. This list of endorsing bodies contains the names of all currently approved UK Start-up visa endorsing bodies, as well as links to their websites and, where available, details of their application process and endorsement criteria. Applications for Start-up visas can be made from outside the UK, but it is also possible to switch into the Start-up visa category from within the UK provided you do not have, or were not last granted, permission as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules. Innovator Visa This route is available for more experienced personnel who have previously had experience of running their own business. The UK Innovator visa category is suitable for experienced businesspersons who are looking to set up a new business in the UK, which is innovative, viable and scalable. Applicants are expected to present a new business idea. Generally, the business will not already exist. However, where it does, the new business should not yet have fully started trading. Applicants can work on their own as a sole founder, or together as part of an entrepreneurial team. Joint venture arrangements may also be acceptable. The business idea may relate to any sector, provided the business idea is sufficiently innovative, viable and scalable. For example, the restriction on companies mainly engaged in property development under the previous Tier 1 Entrepreneur category does not apply. Applicants can develop other businesses as well as their main business idea. Requirements for a UK Innovator visa In order to qualify for a UK Innovator visa, you will need to satisfy UK Visas and Immigration that: In order to qualify for under this route, the following information and criteria will need to be assessed. You are at least 18 years old. You will need evidence of a minimum investment amount of £50,000 being available to yourself. These funds can come directly from yourself as the applicant or from an endorsing body if they chose to fund your application You will also need to have an innovative, viable and scalable business idea which is approved and supported by an endorsing body. The chosen endorsing body must approve your idea, being satisfied that you will spend your entire working time in the UK on developing your business venture. Once approved by your endorsing body, you may proceed to submitting a full Innovator visa application for acceptance to the Home Office. You must for your Innovator visa within 3 months of receiving your endorsement letter. UK Innovator visa applicants can bring their partner and any children under the age of 18 to the UK. You must evidence that you are competent in the English language to at least CEFR Level B2 (equivalent to IELTS 5.5 in reading, writing, listening, and speaking). Applications for Innovator visas can be made from outside the UK, but it is also possible to switch into the Innovator visa category from within the UK provided you do not have, or were not last granted, permission as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules. You do not need to be the sole founder of your business and you may be a member of an innovator team. However, each applicant must receive their own individual endorsement from an approved endorsing body. Innovator team members that are required to satisfy the investment funds requirement for a new business endorsement also cannot share the same £50,000 but must instead have at least £50,000 investment funds each. If your application is accepted by the Home Office, you will be granted an initial 3-year Innovator visa. You will be able to apply for indefinite leave to remain (settlement) as an Innovator after spending 3 years in the Innovator visa category. Innovator visa- ILR (Settlement) In order to achieve indefinite leave to remain (settlement) within this category your chosen endorsing body must be satisfied that you have shown significant achievements judged against the business plan assessed in your previous endorsement. You are registered with Companies House as a Director or Member of your business, your business is active, trading and appears sustainable for at least the following 12 months, you have had an active key role in the day-to-day management and development of the business and you will spend your entire working time in the UK on developing your business ventures; You satisfy at least two of the following: At least £50,000 has been invested into the business and actively spent furthering your business plan; The business has created the equivalent of at least 5 full-time jobs for resident workers, which have an average salary of at least £25,000 a year; The business has created the equivalent of at least 10 full-time jobs for resident workers with no average salary requirement; The number of customers has at least doubled within the most recent 3 years and is currently higher than the mean number of customers for other UK businesses offering comparable main products or services; The business has engaged in significant research and development activity and has applied for intellectual property protection in the UK; The business has generated a minimum annual gross revenue of £1 million in the last full year covered by its accounts. The business has generated a minimum annual gross revenue of £500,000 in the last full year covered by its accounts, with at least £100,000 from exporting overseas. You have spent not more than 180 days outside the UK in any rolling 12-month period during the 3 years prior to the date of application; You have sufficient knowledge of the English language and Life in the UK
