UK Visa Update: Overseas nationals are eligible to be furloughed due to COVID-19

Under what is officially known as the Coronavirus Job Retention Scheme, the UK Government will pay 80% of staff wage costs (up to £2,500 a month) so long as employers keep employees on the books rather than making them outright redundant. UK Visa that is about to expire will also be extended.

For avoidance of doubt HM Revenue and Customs guidance says:

“Foreign nationals are eligible to be furloughed. Grants under the scheme are not counted as ‘access to public funds’, and you can furlough employees on all categories of visa.”

Sponsors will need to report that employee has been furloughed, and any reduction in salary if not making up the extra 20%.

CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request consultation from our immigration lawyers.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow and has expertise in offering UK Visa 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.

UK Spouse Visa Extension: Guidelines and Requirements of Visa Application

UK Spouse Visa Extension: Guidelines and Requirements of Visa Application

Applying for Extension of UK Spouse Visa – Further Leave to Remain

Before applicant’s initial grant of leave as a Spouse expires, they will need to apply to UKVI to extend their stay in the UK.

Extension of UK Spouse Visa Requirements

The requirements for Extension of UK Spouse Visa – further leave to remain in the UK are broadly the same as those that apply to initial applications in the Spouse category.

However, applicant will need to make sure that their application satisfies the relationship, financial, accommodation and immigration status requirements again.  A higher-level English language requirement will also apply.

Financial Requirements for Extension of UK Spouse Visa

The financial requirement for a UK Spouse visa application states that applicant will need to demonstrate that their Spouse has a gross annual income of at least:

  • £18,600; plus
  • £3,800 for a first child (who is not British, settled or an EEA national); plus
  • £2,400 for each additional child (who is not British, settled or an EEA national).

Applicant can meet the visa financial requirement through salaried and non-salaried income, self-employed income and/or dividends from a company of which sponsor is a Director, property rental income, dividends and income from investments, stocks, shares, bonds or trust funds, pension income and other income that have been held for at least six months.

Genuine and Subsisting Relationship

Applicant will need to provide evidence that they are legally married according to the law of the country where the marriage or civil partnership ceremony took place and further evidence residing together in the UK. The general rule is that there should be no evidence of putting parties’ intention in doubt.

Accommodation Requirements

There should be adequate accommodation available for the exclusive use of the family when applying for extension of UK spouse visa. Adequate accommodation is considered as one which is ‘not overcrowded’ and ‘does not contravene public health regulations’.

English Language Requirement

Applicant has to prove their knowledge of English language. This requirement can be satisfied in several ways. Applicants must pass a mandatory A2 CEFRL test.

An applicant will automatically satisfy language requirements id they:

  • Holds a degree or academic qualification that was taught in English.
  • Qualification is recognised by UK NARIC as being equivalent to a UK Bachelor’s degree or higher.

Moreover, citizens of some countries are exempt from the English Language and don’t need to prove their knowledge of English.

UK Spouse Visa Duration

UK spouse visa expiration, applicant will be able to extend their visa for another 30 months. Upon reaching five years of continuous residence on a spouse visa, applicant may be eligible to apply for Indefinite Leave to Remain (ILR).

Extension of Spouse Visa UK Fees

There is a fee of £1,033 if you make a standard application by post. You can pay additional for super-priority 24-hour service, which is available only to those applying from inside the UK.

The fees are correct at the time of updating this article. UKVI changes the fees every year and as such please check the Gov.uk website and appropriate application form for correct fees at the time of your application.

Spouse Visa UK Processing Time

If applicant apply in the UK a decision will usually be made within 8 weeks of their application date if applicant use the standard service.

If applicant use the super priority service a decision will usually be made:

  • by the end of the next working day after providing your biometric information if their appointment is on a weekday
  • 2 working days after providing your biometric information if their appointment is at the weekend

If applicant is applying from the UK, they may be able to pay an extra £800 for the super priority service to get a faster decision.

CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request consultation from our immigration lawyers.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow 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.

UK Visa Update: Shall Applicant apply for UK Visa now or wait until COVID-19 pandemic stopped

Our clients asking genuine questions in regards of UK Visa and Immigration programmes, as mainly they are concerned about procedure of visa application and further steps in relocation to the UK.

Why Applicant should apply for UK Visa nowadays?

Its very common question among our prospective clients and we would like to highlight the main reasons below:

  • Applicant can arrange majority of documents due online access to it
  • Applicant can book time slots in some Visa Centres for May and June 2020 in order to avoid waiting list
  • Applicant can submit Online Application form at any time now in order to avoid waiting list as Home Office will be overloaded with cases after COVID-19 stops.
  • Applicant can plan their trip in advance and arrive prior of School’s period starts in September 2020

What is the process of apply for UK Visa in current situation, as majority of  Visa Centres are temporary closed in the UK and abroad?

  1. Prepare all documents
  2. Submit Online Visa Application
  3. Wait for available time slot in UK Visa Centre in order to provide biometrics

In order to apply for a UK Visa from overseas or UK applicant required to prepare all documents first. Once all documents are ready, then London Immigration lawyers will be able to prepare and submit Online Visa Application. Once Time Slots in Visa Centres became available then applicant will be able to attend it to provide biometrics and submit documents.

What if Applicant will apply for UK visa after international flights resumed and  Visa Centres opened globally?

Once applicant will submit all relevant documents and proceed with visa online application, then it might take more time for Home Office to evaluate the case as many applicants placed the visa application on hold now and it may create huge waiting list. Applicant may risk to obtain their visa within extended period.

CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request consultation from our immigration lawyers.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow 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 General Visa ILR: Guidelines and Requirements for Settlement Status

Tier 2 General Visa ILR applicants must have lived in the UK for a qualifying period of 5 years and fulfil specific requirements in order to apply for Settlement/ILR which we listed in this article. Applicants will need to fulfil all the requirements for Points Based System settlement applications including some specific Tier 2 General Visa requirements.

Main requirements for Tier 2 General Visa ILR

  • Meeting minimum income threshold under current Tier 2 sponsorship
  • Fulfilling conditions of qualifying period of residence in the UK for settlement
  • Knowledge of Language and Life in the UK
  • English qualification at a minimum level of level B1.
  • continuous residence in the UK for five years under Tier 2 General visa route.

The continuous 5 years requirement can be fulfilled under the combination of different visa categories:

  •  Representative of an Overseas Business
  •  Tier 1 (Exceptional Talent) Visa
  •  Tier 1 (Entrepreneur) Visa
  •  Tier 1 (Investor) Migrant
  •  Tier 1 (General) Migrant
  •  Tier 2 (General) Visa
  •  Tier 2 (Minister of Religion) Visa
  •  Tier 2 (Sportsperson) Visa
  •  Tier 2 (Intra-Company Transfer) Visa (with some exceptions)
  •  Work Permit Holder
  •  Highly Skilled Migrant
  •  Innovator Visa

Absences under Tier 2 General Visa ILR

Applicants cannot have had more than 180 days’ absence from the UK during any consecutive 12-month period within 5 years period.

Applicant must have to list all the absences during their qualifying period including the reasons for those absences. Not complying with the absences is also one of the major reasons for ILR applications refusal.

Minimum Earnings Threshold for Tier 2 General Visa ILR

Applicants are required to earn either the appropriate rate for the job or a gross annual salary the minimum earnings threshold, whichever is the higher.

The minimum earnings threshold for Tier 2 General Visa ILR below:

  • £35,500, if you apply for settlement on or after 6 April 2018
  • £35,800, if you apply for settlement on or after 6 April 2019
  • £36,200, if you apply for settlement on or after 6 April 2020
  • £36,900, if you apply for settlement on or after 6 April 2021
  • £37,900, if you apply for settlement on or after 6 April 2022
  • £38,800, if you apply for settlement on or after 6 April 2023
  • £40,100, if you apply for settlement on or after 6 April 2024

There are additional restrictions on meeting on the minimum earnings threshold in situations where applicant work hourly, and type of allowances that they can include to meet this figure.

Only earnings up to a maximum of 48 hours a week will be considered in some situations, even if the applicant works for longer than this. For example, an applicant who works 60 hours a week for £12 per hour will be considered to have a salary of £29,952 (12x48x52) and not £37,440 (12x60x52) and will therefore not meet the requirement. However, we advise you to speak with Immigration lawyers to clarify it based on your personal circumstances.

English Language Requirement for Tier 2 General Visa ILR

UK Immigration Rules guidance recommends submitting a proof of one of the following to meet the requirements of English language:

  • Speaking and listening qualification in English at B1 level or above of CEFR
  • English based degree qualification
  • National of an English-speaking country

Life in the UK Requirement for Tier 2 General Visa ILR

Applicants will need to pass the Life in the UK test to fulfil this criterion of application. The test consists set of questions based on the official Life in the United Kingdom handbook and they will need to score 75% or more to pass the test.

List of Documents Required for Tier 2 General Visa ILR

There are important documents that will need to be part of settlement application includes:

  • Confirmation letter from your current employer
  • Documents to verify absences along with reasons
  • Confirmation of Gross annual salary from current employer
  • Documents supporting your earnings to meet the minimum threshold
  • Payslips
  • Personal bank statements

If applicant secure ILR and then decide to leave the UK for a period of 2+ years, they will lose your entitlement for the status.

CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request consultation from our immigration lawyers.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow 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 1 Entrepreneur Visa Extension Application during COVID-19

Our clients who is residing on Tier 1 Entrepreneur visa extension are concerned how their visa application will be affected during the COVID-19.

If Applicant is on a Tier 1 Entrepreneur visa and their business has been disrupted, then they no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period applicant is required to employ someone for can be made up of multiple employees across different months. Time when their employees were furloughed will not count towards the 12 month period. If have not been able to employ staff for 12 months in total by the time your visa expires, applicant will be allowed to temporarily extend their stay to give the time to meet the requirement.

Applicant can apply to extend their stay in the UK under a Tier 1 Entrepreneur visa for a further 2 years after the original visa duration of 3 years.

Visa Applications to extend the stay must be made before the expiry of the current visa. Under this route, extension applications for Tier 1 Entrepreneur visa holders will remain open until 5th April 2023 and settlement applications until 5th April 2025.

CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request consultation from our immigration lawyers over the phone as in person.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow 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 1 Investor visa: Qualifying and Non-Qualifying investments

Our clients asking our immigration lawyers in regards of required Investments for Tier 1 Investor visa and which of them qualified and not qualified.

Qualifying Investments below:

  • The applicant must have a minimum of £2m available to invest in the UK.
  • The funds must be invested in the UK in qualifying investments, including:
    • UK Government Bonds, if the Tier 1 (Investor) migrant obtained their visa on the basis of the Immigration Rules in place before 29 March 2019. Please note that Tier 1 (Investor) migrants who obtained their visa under the Old Rules will only be able to rely on investments in UK government bonds for extension applications submitted before 5 April 2023 and for indefinite leave to remain (ILR) (also known as permanent residence or settlement) applications submitted before 5 April 2025. Tier 1 (Investor) migrants submitting extension/ILR applications after these dates will no longer be able to rely on investments in UK Government Bonds;
    • share capital or loan capital in active and trading UK registered companies, other than those principally engaged in property investment, property management or property development; or
    • pooled investment vehicles which receive funding from the UK government or a devolved government department or one of its agencies.

 

  • Tier 1 Investor migrants have the option of investing more than £2m and reaching certain higher thresholds will result in a quicker route to ILR:
  • apply to settle after 2 years if you invest £10 million
  • apply to settle after 3 years if you invest £5 million
  • apply to settle after 5 years if you invest £2 million
  • Investments against which loans have been taken out or investments that are held in non-UK custody accounts are not permitted.
  • An “active and trading UK registered company” means a trading company that is doing business, not a dormant or non-trading company. It must:
    • be registered with Companies House;
    • be registered with HMRC for corporation tax and PAYE;
    • have its registered office in the UK;
    • have a UK business bank account showing regular trade of its own goods and services; and,
    • have at least two UK based employees who are not directors.

 

All the capital that forms part of the initial investment must remain invested while the applicant is in the UK under the Tier 1 Investor Visa category. That is, once the Tier 1 Investor Visa migrant has purchased their initial £2m of qualifying investments, all of the capital must remain invested for the duration of the Tier 1 Investor Visa migrant’s stay in the UK. Applicant is not required to top-up the value of their portfolio if the market value of their investments falls.

Non-Qualifying Investments below:

  • Funds invested via an offshore company/trust
  • Funds invested in open-ended investment companies, investment trust companies or pooled investment vehicles, because ultimately the underlying investments cannot be guaranteed to be in the UK,
  • Funds invested in companies mainly engaged in property investment, property management or property development,
  • The funds cannot be solely invested by using deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits,
  • ISAs, premium bonds and saving certificates issued by the National Savings and Investment Agency.

CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request consultation from our immigration lawyers over the phone as in person.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow 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.