Spouse Visa ILR: Requirements and guidelines

Applicant can apply for Spouse Visa ILR After spending 5 years (60 months) in the UK as the Spouse of a British citizen or settled person, you may be eligible to apply for indefinite leave to remain in the UK.

In order to qualify for indefinite leave to remain as a Spouse applicant will need to demonstrate, in addition to the above requirements, that:

  • Since you have been in this category they have lived together with their Spouse in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when they have not done so;
  • They meet the higher English Language requirement that applies to settlement applications.
  • They have passed the Life in the UK test.

If applicant make an application for indefinite leave to remain as a Spouse but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if they meet the requirements for a further extension of stay as a Spouse on Spouse Visa.

Eligibility that must be met by a partner to settle on a 5-year route

All of the following eligibility requirements must also be met to qualify for entry clearance or leave to remain on a 5-year route.

Financial requirement

To qualify for leave as a partner on the 5-year route to settlement the applicant must meet the minimum income requirement. A partner, who is exempt from the minimum income requirement under the financial requirement in Appendix FM (because their partner is in receipt of a specified benefit or allowance), must instead demonstrate that they are able to maintain themselves, the applicant and any dependants ‘adequately’ without recourse to public funds. Specified evidence can be provided by Our Immigration lawyers in London.

Adequate accommodation

To qualify for leave as a partner on the 5-year route to settlement the applicant must meet the accommodation requirement.

The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family (including other family members who are not included in the application but who live in the same household), which the family own or occupy exclusively.

Accommodation will not be regarded as adequate if:

  • it is, or will be, overcrowded
  • it contravenes public health regulations

Speaking English

To qualify for entry clearance or leave to remain as a partner on the 5-year route to settlement the applicant must meet the English language requirement or exemption is met.

An applicant for leave to remain who was exempt from the English language requirement needs to meet some requirements; when they apply for further leave to remain in the UK on the 5-year route to settlement, unless they again qualify for an exemption, on the same or a different basis.

To qualify for indefinite leave to remain as a partner on the 5-year route to settlement the applicant must have sufficient knowledge of language and life (KoLL) in the UK in accordance with Appendix KoLL.

An applicant who met the English language requirement for further leave to remain with a test at CEFR level A1, is not required to pass a level A2 test when they are being granted limited leave to remain.

For further guidance on the KoLL requirement, including exemptions, see:

  • Knowledge of language and life (internal)
  • Knowledge of language and life (external)

From 28 October 2013 all applicants for settlement are required to present a speaking and listening qualification at CEFR level B1 or above and pass the Life in the UK test.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – SPOUSE VISA ILR

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Ankara Agreement Visa Entry Clearance: Guidelines on Investing into UK Business

International entrepreneurs and overseas clients more often would like to relocate to the UK in order run business on ankara agreement visa. Some of the clients are looking for investing in existing company, based on general questions, please find answers below:

  1. Which documents must be provided for existing business in order to be qualified for Ankara Agreement Visa?

Applicants joining an existing business must provide business accounts immediately prior to joining the existing business. This is to establish the financial position of the business and show that they will be joining a legitimate business that is able to support them and any dependants.

Applicant must be satisfied that the:

  • business is viable (not insolvent)
  • applicant can bear their share of the debts or liabilities of the business
  • proposed investment is proportional to their role in the business
  • net profits of the business are sufficient to support the applicant and any dependants included in the application.
  1. Does applicant need to prepare any partnership agreement; does the applicant must be involved in business actively?

Applicants joining an existing business must be actively involved in that business and not using the application as an attempt to secure leave for some other purpose. Applicant must be satisfied the evidence provided confirms the terms of the partnership agreement and the partnership agreement has a realistic chance of being fulfilled. The involvement should take up most of the applicant’s working time.

  1. Does applicant need to provide evidence there is a genuine need for the applicant’s services and investment?

Yes, Applicants joining an existing business need to show there is a genuine need for their services and investment. This could be demonstrated by showing how the proposed investment will be used to grow and increase the net profit of the business. You must be satisfied the proposed investment is backed up by legal documents, such as the partnership agreement, and the applicant must show they will be fully integrated into the business and have an active involvement in the business.

Applicants joining an existing business must provide business accounts (preferably audited) immediately prior to joining the existing business. This is to establish the financial position of the business and show that they will be joining a legitimate business that is able to support them and any dependants.

Applicant must be satisfied that the:

  • business is viable (not insolvent)
  • applicant can bear their share of the debts or liabilities of the business
  • proposed investment is proportional to their role in the business
  • net profits of the business are sufficient to support the applicant and any dependants included in the application.
  1. What type of written statement the applicant must provide in order to enter the business?

Applicants joining an existing business need to provide a written statement of the terms on which they will enter the business. This should take the form of an agreement between the applicant and the current owner of the business detailing the terms and conditions that s/he will enter the business. This can include all the financial aspects of the partnership.

The following factors can be considered, when assessing an applicant joining an existing business:

  • the applicant is devoting their own funds or assets to the business
  • they are making a financial investment in the business proportional to their role in the business
  • they are taking their share of the profits of the business
  • they are involved in strategic decision-making and long-term operational decisions
  • they have responsibility for their share of the business liabilities

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – ANKARA AGREEMENT VISA

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Sole Representative Visa Entry Clearance: Main Reasons of Visa Refusal

Sole Representative visa is complex immigration route set by UKVI in order to allow international entrepreneurs and senior employees apply for the visa and set up representative branch of the overseas company. Due to vast experience in uk immigration fiend we identified main reasons for this type of visa refusal and would like to address it below.

  1. Senior Employee is no engaged in operations and business activities of overseas company

Applicant must be qualified for the visa and fully involved in operations and business activities of overseas company in order to succeed with sole representative visa application. There are few cases where overseas employer had job interview specifically for the role of overseas representative and decided to employ candidate. It crucial provide full evidence why employer decided to employ the candidate, which personal and professional qualities candidate has, and experience. Guidelines of Sole Representative visa  of overseas business stated that applicant must be employed prior of submitting of visa application to the UKVI.

  1. Business Activities and Development of non-UK market

Overseas business must be involved in developing business activities and clients base in the UK, as prime purpose of the applicant establishes branch of overseas company in the UK and develop sales and operations of the brand in the UK.

  1. Not enough funds in company bank account

Overseas company must have enough funds (cashflow) to run day to day operations and has additional capital to open overseas branch or subsidiary in the UK. Capital must be prepared by shareholders in advance and allocated in company’s bank account, if shareholder inject his personal funds then they require to provide evidence of income earned.

  1. Poorly established overseas business – low turnover, no staff employed, loss making company

Overseas company must have established turnover, capital and operations locally in order to develop and set up business in the UK.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – SOLE REPRESENTATIVE VISA

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

British Citizenship: How to apply for Naturalisation by discretion

Applicant must be at least 18 years old and have been granted indefinite leave to remain or have acquired a right of permanent residence in the UK in order to apply for British Citizenship.

Requirements to naturalise as a British Citizen

The applicant must be:

  • At least 18 years old
  • Full capacity
  • Meets the residence requirements or is serving outside the UK in Crown Service under the government of the UK
  • Of Good Character
  • Has sufficient knowledge of English, Welsh or Scottish Gaelic language, and can provide the required evidence to support this
  • Has sufficient knowledge of life in the UK and provides the required evidence to support it
  • Other requirements as well

Residence Requirements (under Section 6 (1) of BNA 1981) in order to naturalise as a British Citizen and apply for British Citizenship 

  • in the UK at the beginning of the period of 5 years ending with the date of the

Application

  • not absent from the UK for more than either:

o 450 days in that 5 year period

o 90 days in the period of 12 months ending with the date of application

  • not, on the date of application, subject under the immigration laws to any

restriction on the period of stay in the UK

  • not, at any other time in the 12 month period ending with date of application,

subject under the immigration laws to any restriction on their period of stay in

the UK

  • not at any time in the period of 5 years ending with the date of application, in

the UK in breach of the immigration laws.

Residence Requirements (under Section 6 (2) of BNA 1981) in order to naturalise as a British Citizen

The residence requirements which someone applying under section 6(2) of the British Nationality Act 1981 are that the applicant was:

  • in the UK at the beginning of the period of 3 years ending with the date of

application

  • not absent from the UK for more than either:

o 270 in that 3-year period

o 90 days in the period of 12 months ending with the date of application

  • not, on the date of the application subject under the immigration laws to any

restriction on their period of stay in the UK

  • not, at any time in the period of 3 years ending with the date of application in

breach of immigration laws.

There are other requirements based on individual circumstances of immigration case of the applicant.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – BRITISH CITIZENSHIP 

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Tier 2 (ICT) Visa Entry Clearance: Guidelines & General Requirements

There few options of obtaining working visa in the UK, however the most suitable for employer who has tier 2 sponsorship licence is to bring employee via Tier 2 General Visa or Tier 2 (ICT) Intra-Company Transfer Visa if member of staff already employed in overseas office of the company.

There are few general questions applicants usually ask Immigration Lawyers:

  1. What is the minimum skill level applicant required to have?

The Certificate of Sponsorship must confirm that the job is at RQF level 6 as stated in the codes of practice or the job is a creative sector occupation skilled to RQF level 4.

  1. Which documents required in order to submit Tier 2 ICT visa application?

There are several documents need in order to prepare and submit strong application, you can find list some of them below:

  • Certificate of Sponsorship reference number
  • Payslips
  • Personal Bank Statements
  • Full birth certificate or full certificate of adoption (if any)
  • Letter from sponsor/employer
  • Other documents of employment
  1. What is cooling off period?

Cooling off period is split into 2 different sub-categories, Graduate Trainee, which will be granted for no longer than 12 months and the applicant must leave the country and can apply for ICT again after 12 months; and Long Term Staff, which will be granted for no longer than 5 years and the applicant must leave the country and can apply for ICT again after 12 months in general terms, however there are other options, you can ask our immigration lawyers in order to learn more.

  1. Can Applicant extend the visa or/and get ILR?

Applicant can be qualified for settlement/ILR after continuous 5 years stay in country includes period of leave as:

  • a Tier 2 ICT Migrant granted under the Rules in place before 6 April 2010 or
  • a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
  1. What is minimum salary threshold for an Applicant?

Salary threshold of Graduate Trainee is £23,000 of the appropriate rate for the job, whichever is the higher; Salary threshold of Long-Term Staff is £41,500 of the appropriate rate for the job, whichever is the higher.

  1. How long it takes to receive a decision from Home Office?

Applicant can get a decision on standard application process time after 3 weeks of submitting application to UKVI.

  1. Can applicant apply via using Priority or Super Priority service?

Applicant can apply for Tier 2 ICT Visa Application by using Priority service paying £500 extra they will get decision within 5 working days, moreover they can use Super Priority service paying £800 extra and obtaining decision up to 2 working days.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – TIER 2 ICT VISA

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Spouse Visa Entry Clearance: Financial Requirements and General Guidelines

There are many of our clients are asking general questions about financial support and requirements of their spouse visa and would like to make sure that they visa applied correctly. There are some questions outlined below:

  1. How much Partner/Sponsor must have on their UK bank account in order to apply for Spouse Visa?

The minimum income threshold for a Partner applying under Appendix FM from 9 July 2012 without dependent children is £18,600.

We as Immigration lawyers in London frequently receive such a question from our clients on spouse visa applications and advise further below.

An additional gross annual income of £3,800 is required for the first child sponsored in addition to the partner and an additional £2,400 for each further child.

  1. Which Source of Income can be qualified in order to meet financial requirements for Spouse Visa Application in the UK?

There are many options for partner/sponsor to fit the financial requirements for Spouse visa such as, Salaried and non-salaried employment; Non-employment income; Cash savings; Pension; Self-employment or Director or employee of a specified limited company in the UK and others.

  1. What if Partner/Sponsor is employed for less than 6 months with current company, can their Spouse still apply for a visa in the UK?

If partner is employed for less, then 6 months with current employer then they must provide evidence of salary paid from previous employer or arrange funds from other sources such as cash savings or rental income.

  1. What if Partner/Sponsor is not employed, but receiving Property Rental Income, can their Spouse still apply for a visa in the UK?

Property Rental Income can be counted if Sponsor have received for last 12 months prior of the date of visa application, moreover rental of the room is not counted, moreover property must be under ownership of the sponsor. For further details, you can request an advice from our Immigration Lawyers.

  1. What if Partner/Sponsor is not employed, but has some savings, can their Spouse still apply for a visa in the UK?

Cash savings exceeded £62,500 then straight answer is yes, if sponsor has less amount than stated before, that they can combine cash savings with other type of income in order to be qualified, for instance salaried employment and then specific calculations must be made to guide the Sponsor with final figure.

  1. What if Partner/Sponsor is self-employed as Director of the company, can their Spouse still apply for a visa in the UK?

Where the partner/sponsor is running limited company as self-employed, director, they can show average income received in last two financial years to meet financial requirements. For further details, you can request an advice from our Immigration Lawyers.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – Spouse Visa

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.