Immigration

Visitor Visas – Entertainer Visitor
The visitor visa is the most popular single route for individuals coming to the UK for tourism, to visit family or for  business or other special purpose visits.
In line with the recent review of the UK immigration system by the government, new rules have been implemented from 27 November 2008 to reform specific categories of the “visitor” visa.
The idea behind this reform is to ensure that visitors clearly understand  the range of activities they are allowed to undertake whilst in the UK on a visitor visa.

Reasons why you may wish to visit the UK
There are numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married or undertake a civil partnership ceremony, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test/exam in the UK.

General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds.
The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for a maximum period of 12 months.

Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.
The different categories of “Visitor Visa” are as follows:

• General Visitors
• Visiting Family
• Visiting Friends
• Tourism

• Business Visitors
• Academic visitors
• Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch
• Individuals undertaking specific, one –off training in techniques and UK work practices or coming for business meetings/negotiations

• Sports Visitors
• Entertainer Visitors
• Special Visitors
  
• Visitors for private medical treatment in the UK
• Visitors intending to marry or undertake a civil partnership ceremony in the UK
• Parents of a child at school in the UK

• Visitors under the UK/China Approved Destination Status (ADS) Agreement

 
Entertainer Visitors
If you are a professional or amateur entertainer and you wish to visit the UK to participate in an entertainment event (or series of events), a music or arts/cultural competition or engagement, an audition; or if you are a member of the team or support staff of an entertainer attending an engagement in the UK, you will need to apply as an entertainer visitor.
It is advised that you seek legal advice if you are uncertain whether your purpose for coming to the UK or proposed activity is covered by the “entertainer visitor” category.

A. Requirements
1. You will need to demonstrate that you only intend to visit the UK for a short period – no more than 6 months.
2. You must demonstrate that you intend to visit the UK for a genuine “entertainer” activity. For instance, you must provide evidence that you intend to take part in particular events. (There are a wide range of activities permitted under this visa category and it is advised that you obtain advice from us at Law Firm Ltd. to ensure that your proposed activity falls under a ‘permissible activity’ as outlined by the UK Border Agency).
3. If you are an amateur entertainer, you must not receive fees and/or sponsorship but you may receive cash prizes as well as board/lodging and living expenses.
4. You must intend to leave the UK after the end of your visit and demonstrate that you can meet the cost of the return or onward journey.
5. You must show that you have sufficient funds to maintain and accommodate yourself (and any dependants) without working in the UK or receiving assistance from UK public funds. Alternatively you can show that your relatives or friends or an organisation will be financially supporting and/or accommodating you.

B. Activities not permitted on an entertainer visitor visa

• You must not intend to study in the UK
• You must not intend to charge the public for services provided or goods received
• You must be based abroad and have no intention of setting up a base in the UK
• You must receive any salary/remuneration from overseas
• You must not  intend to marry or register a civil partnership in the UK

C. Documents required
If you wish to apply as an entertainer visitor, you should ensure that you have the following documentation:

• Confirmation and details of the particular event(s) you are coming to the UK for.
• Evidence of why you are required to attend this event.
• If employed: Letter from employer approving your leave for a specified period. The letter should include details of your employment, duration, your position, salary etc. and should detail when you are expected to resume work.
• If self-employed: Evidence of your business activities, accounts and financial credibility
• Evidence of ties to your home country – e.g. ownership of property, family ties/responsibilities, employment ties
• Evidence of your travel plans – ticket bookings, hotel bookings, itinerary
• Bank statements for the last 3 to 6 months
• Evidence of additional savings and assets (eg property)

D. Extension & Switching
The maximum you can stay in the UK on an one occasion is six months as an entertainer visitor.
If however your visa was granted for a period less than six months, you may apply for an extension of your visa which takes you up to the maximum of six months.
You are not permitted to change into another visa category however, if you have already obtained a certificate of sponsorship under Tier 5 (Creative and Sporting) of the points based system and this was issued to you before you entered the UK - you can switch into the points-based system to undertake the job specified on the certificate of sponsorship.
You may also undertake activities permitted under the business visitor or sports visitor categories.
Please note that upon the expiry of your visa, you are required to leave the UK. If you stay beyond the expiry of your visa, you will remain illegally in the UK and you will be considered an “overstayer”. This may have an adverse impact on your immigration record and is likely to affect any future UK immigration applications. This could even result in you being banned from re-entering the UK for a certain period of time.

E. Right of Appeal
Applicants can be refused a visa to enter the UK as an entertainer visitor and would normally receive a detailed letter explaining the reasons for refusal.
Only applicants who are visiting close family members are able to appeal against a refusal decision. All other applicants who are visiting the UK for other reasons are not entitled to appeal against a refusal decision.
We therefore advise that if applicants have been refused an entertainer visitor visa, they should seek legal advice on the procedure for submitting a fresh application.

F. Our Services

• We can advise on the procedure of making an ‘entertainer visitor’ application and discuss the merits of your application.
• We can advise on the procedure involved for applying for dependant visas for members of your family.
• We can advise on the evidence required for the entry clearance application.
• We can advise on the merits of an appeal - should your application be refused and attract a right of appeal.

Visitor Visas – Special Visitors
The visitor visa is the most popular single route for individuals coming to the UK for tourism, to visit family or for  business or other special purpose visits.
In line with the recent review of the UK immigration system by the government, new rules have been implemented from 27 November 2008 to reform specific categories of the “visitor” visa.
The idea behind this reform is to ensure that visitors clearly understand  the range of activities they are allowed to undertake whilst in the UK on a visitor visa.

Reasons why you may wish to visit the UK
There are numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married or undertake a civil partnership ceremony, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test/exam in the UK.

General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds.
The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for a maximum period of 12 months.

Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.

The different categories of “Visitor Visa” are as follows:

• General Visitors
• Visiting Family
• Visiting Friends
• Tourism

• Business Visitors
• Academic visitors
• Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch
• Individuals undertaking specific, one –off training in techniques and UK work practices or coming for business meetings/negotiations

• Sports Visitors
• Entertainer Visitors
• Special Visitors
  
• Visitors for private medical treatment in the UK
• Visitors intending to marry or undertake a civil partnership ceremony in the UK
• Parents of a child at school in the UK

• Visitors under the UK/China Approved Destination Status (ADS) Agreement

 
Special Visitors
If you wish to enter the UK during transit or you wish to come to the UK for marriage, private medical treatment, to undertake a short course of study (or arrange a proposed course of study), or if you are the parent of a child at school in the UK, you will need to apply as a special visitor.
It is advised that you seek legal advice if you are uncertain whether your purpose for coming to the UK or proposed activity is covered by the “special visitors” category.

A. Requirements
1. You will need to demonstrate that you only intend to visit the UK for a short period (no more than 6 months), unless you are the parent of a child at school in the UK
2. You must demonstrate that you intend to visit the UK for the relevant category of ‘special visitor’. Each category has different requirements which are detailed individually on our website and you are required to provide evidence of your purpose for entering the UK. (It is advised that you obtain advice from us at Law Firm Ltd. to ensure that your proposed category is covered under ‘Special Visitors’ as outlined by the UK Border Agency and that you are able to provide the necessary documents to support your application).
3. You must intend to leave the UK after the end of your visit and demonstrate that you can meet the cost of the return or onward journey.
4. You must show that you have sufficient funds to maintain and accommodate yourself (and any dependants) without working in the UK or receiving assistance from UK public funds. Alternatively you can show that your relatives or friends or an organisation will be financially supporting and/or accommodating you.
B. Activities not permitted on a special visitors visa

• You must not intend to charge the public for services provided or goods received
• You must be based abroad and have no intention of setting up a base in the UK
• You must receive any salary/remuneration from overseas

C. Documents required
If you wish to apply as a special visitor, you should ensure that you have the following documentation:

• Confirmation and details of the purpose for which you wish to visit the UK.
• Evidence of why you are required to come to the UK.
• If employed: Letter from employer approving your leave for a specified period. The letter should include details of your employment, duration, your position, salary etc. and should detail when you are expected to resume work.
• If self-employed: Evidence of your business activities, accounts and financial credibility
• Evidence of ties to your home country – e.g. ownership of property, family ties/responsibilities, employment ties
• Evidence of your travel plans – ticket bookings, hotel bookings, itinerary
• Bank statements for the last 3 to 6 months
• Evidence of additional savings or assets

D. Extension & Switching
The maximum you can stay in the UK, on any one occasion is six months as a special visitor.
If however your visa was granted for a period less than six months, you may apply for an extension of your visa which takes you up to the maximum of six months.
You are not permitted to change into another visa category.
Please note that upon the expiry of your visa, you are required to leave the UK. If you stay beyond the expiry of your visa, you will remain illegally in the UK and you will be considered an “overstayer”. This may have an adverse impact on your immigration record and is likely to affect any future UK immigration applications. This could even result in you being banned from re-entering the UK for a certain period of time.

E. Right of Appeal
Applicants can be refused a visa to enter the UK as a special visitor and would normally receive a detailed letter explaining the reasons for refusal.
Only applicants who are visiting close family members are able to appeal against a refusal decision. All other applicants who are visiting the UK for other reasons are not entitled to appeal against a refusal decision.
We therefore advise that if applicants have been refused a special visitor visa, they should seek legal advice on the procedure for submitting a fresh application.

F. Our Services

• We can advise on the procedure of making a ‘special visitor’ application and discuss the merits of your application.
• We can advise on the procedure involved for applying for dependant visas for members of your family.
• We can advise on the evidence required for the entry clearance application.
• We can advise on the merits of an appeal - should your application be refused and attract a right of appeal.

Visitors under the UK/China Approved Destination Status (ADS) Agreement
The visitor visa is the most popular single route for individuals coming to the UK for tourism, to visit family or for business or other special purpose visits.
In line with the recent review of the UK immigration system by the government, new rules have been implemented from 27 November 2008 to reform specific categories of the “visitor” visa.
The idea behind this reform is to ensure that visitors clearly understand the range of activities they are allowed to undertake whilst in the UK on a visitor visa.

Reasons why you may wish to visit the UK
There are numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married or undertake a civil partnership ceremony, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test/exam in the UK.

General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds.
The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for a maximum period of 12 months.

Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.
The different categories of “Visitor Visa” are as follows:

• General Visitors
• Visiting Family
• Visiting Friends
• Tourism

• Business Visitors
• Academic visitors
• Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch
• Individuals undertaking specific, one –off training in techniques and UK work practices or coming for business meetings/negotiations

• Sports Visitors
• Entertainer Visitors
• Special Visitors
  
• Visitors for private medical treatment in the UK
• Visitors intending to marry or undertake a civil partnership ceremony in the UK
• Parents of a child at school in the UK

 
Visitors under the UK/China Approved Destination Status (ADS) Agreement
If you are a national of the People’s Republic of China and you simply wish to enter the UK for a short visit, you may apply as a visitor under the UK/China Approved Destination Status (ADS) Agreement.

A. Requirements
1. You will need to demonstrate that you are a national of the People’s Republic of China.
2. You will be required to demonstrate that you only wish to enter the UK for a short time, not exceeding 30 days.
3. You must be able to show that you intend to enter the UK, travel within the UK and exit the UK only as a member of a tourist group of 5 people or more under the ADS Memorandum of Understanding.
4. You must be able to show that you have no intention of working or studying or conducting business in the UK.
5. You must be able to show that you intend to leave the UK after your visit and demonstrate that you can meet the cost of the return or onward journey.
6. You must show that you have sufficient funds to maintain and accommodate yourself (and any dependants) without working in the UK or receiving assistance from UK public funds. Alternatively you can show that your relatives or friends or an organisation will be financially supporting and/or accommodating you.

B. Activities not permitted under the UK/China Approved Destination Status (ADS) Agreement visa

• You must not take employment in the UK
• You must not study in the UK
• You must not intend to charge the public for services provided or goods received
• You must be based abroad and have no intention of setting up a base in the UK
• You must not receive a salary/remuneration from the UK

C. Documents required
If you wish to apply as a visitor under the UK/China Approved Destination Status (ADS) Agreement, you should ensure that you have the following documentation:

• Confirmation that you are a national of the People’s Republic of China
• Confirmation and details of the purpose you are going to the UK for
• Evidence of why you are required to come to the UK
• If employed: Letter from employer approving your leave for a specified period. The letter should include details of your employment, duration, your position, salary etc. and should detail when you are expected to resume work
• If self-employed: Evidence of your business activities, accounts and financial credibility
• Evidence of ties to your home country – e.g. ownership of property, family ties/responsibilities, employment ties
• Evidence of your travel plans – ticket bookings, hotel bookings, itinerary
• Bank statements for the last 3 to 6 months
• Evidence of additional savings and any other assets

D. Extension & Switching
The maximum you can stay in the UK is 30 days under this category of visa. You can be granted leave to enter the UK under this category subject to a condition prohibiting employment and provided you hold an ADS Agreement visit visa.
You are not permitted to change into another visa category.
Please note that upon the expiry of your visa, you are required to leave the UK. If you stay beyond the expiry of your visa, you will remain illegally in the UK and you will be considered an “overstayer”. This may have an adverse impact on your immigration record and is likely to affect any future UK immigration applications. This could even result in you being banned from re-entering the UK for a certain period of time.

E. Right of Appeal
Applicants can be refused a visa to enter the UK as a special visitor and would normally receive a detailed letter explaining the reasons for refusal.
Only applicants who are applying to visit close family members are able to appeal against a refusal decision. All other applicants who are visiting the UK for other reasons are not entitled to appeal against a refusal decision.
We therefore advise that if applicants have been refused a visa as a visitor under the UK/China Approved Destination Status (ADS) Agreement, they should seek legal advice on the procedure for submitting a fresh application.

F. Our Services

• We can advise on the procedure of making an application as a visitor under the ‘China Approved Destination Status (ADS) Agreement application and discuss the merits of your application.
• We can advise on the procedure involved for applying for dependant visas for members of your family.
• We can advise on the evidence required for the entry clearance application.
• We can advise on the merits of an appeal - should your application be refused and attract a right of appeal.

Entry Clearance applications for Children
Applicants who wish to migrate to the UK often have to arrange for applications for their dependants to accompany or join them. A dependant is any of the following:

• Child under 18 years of age
• Husband/wife/civil partner
• Unmarried/same sex partner

Migrants often mistakenly overlook many important factors when preparing and submitting entry applications for their children to accompany/join them in the UK and are often disappointed when applications are refused. Further, applicants who have children over the age of 18 that are dependant on the applicant face tough decisions under the UK Immigration Rules. The applicant will in most cases need to arrange for their ‘adult’ child to enter the UK under an alternative immigration route.
In contrast, the EEA Regulations are more lenient with respect to the age at which children are considered “dependant”. European law permits children up to the age of 21 to accompany or join family members in the UK. However in both cases (i.e. under both UK and European law) children who are not financially dependant on their parents and are leading independent lives or are married or have formed an independent family unit will not be considered as a ‘dependant child’.
There are also further issues which need to be addressed in relation to situations where children have parents who are separated, divorced and/or share custody of the children. These issues can complicate applications where the migrant coming to the UK may not have sole responsibility of their child or a custody order or the necessary evidence to satisfy the Entry Clearance Officer that the other parent gives consent for the child to go to the UK.
It is therefore recommended that where there are issues of complexity and ambiguity, applicants should seek immigration advice and clarify the issues at stake. We at Brightway Immigration & Asylum Practitioner Limited have extensive experience in handling dependant applications, particularly where children are  involved.
The requirements for child applications under the UK Immigration rules will now be explained in turn. We have identified the following categories of applications:
A. Dependant Children of a person present and settled in the UK
B. Dependant Children of a person who has limited leave to remain in the UK
C. Dependant children of an EEA national exercising EC treaty rights in the UK
A. Dependant Children of a person present and settled in the UK
Children who have parents who are settled in the UK are able to join them here and be granted indefinite leave to enter/remain directly. There are however several conditions that need to be satisfied before the children can qualify. These are as follows:
(I) The sponsoring parent / relative must be present and settled in the UK; or
both parents should be applying to be admitted on the same occasion for settlement; or

• One parent must be present and settled in the UK and the other should be applying to be admitted on the same occasion for settlement; or
• One parent must be present and settled in the UK or should be applying to be admitted on the same occasion for settlement and the other parent is deceased; or
• One parent must be present and settled in the UK or applying to be admitted on the same occasion for settlement and has had sole responsibility for the child`s upbringing; or
• One parent or the relevant relative must be present and settled in the UK or applying to be admitted on the same occasion for settlement, and there are serious and compelling family or other considerations which make exclusion of the child undesirable, and suitable arrangements have been made for the child's care.

(ii) The child should be not less than 18 years of age and not leading an independent life, nor be married and have formed an independent family unit.

(iii) There must be sufficient funds for maintaining and accommodating the child without recourse to UK public funds
The application for a child for indefinite leave to enter can be refused on any of the above-mentioned issues and much care and attention to detail is required in the preparation and submission of any such application.
The rule of "Sole Responsibility" is also observed strictly and any  involvement of the other parent in the upbringing of the child ‘may’ lead to the conclusion that the sponsoring parent does not have sole responsibility for the child or have responsibility for the major decisions in the child’s life.
It is possible that even having regular contact with the other parent can serve as an indication that the sponsoring parent does not have ‘sole responsibility’ and this may well lead to an adverse decision on an entry clearance application. We recommend that you approach accredited immigration advisers, such as Law Firm Ltd. in relation to problematic applications.

B. Dependant Children of a person who has limited leave to remain in the UK
Most long- term category visas under the UK Immigration Rules permit individuals to apply to bring their dependants with them (or to join them) in the UK, which would include children under the age of 18 years.
The children are normally given the same period of limited leave to remain as their parents have and will be expected to apply for an extension in line with any extension application the parent makes.
There are some cases when children under the age of 18 who have entered the UK as dependants of their parents eventually do become 18. These children, whilst still holding valid limited leave to remain as a dependant are still considered to be “dependant” and can further apply for extension / indefinite leave to remain in line with their parents, even after the age of 18, provided they still form part of the parent(s)’ household.
Children who hold dependant visas in the UK are given full rights of access to state schooling and access to the NHS, however they are unable to seek assistance from UK public funds.
The same rules as above, concerning "sole responsibility" and funds for maintenance as well as accommodation in the UK are also applied to applications for dependant children of individuals with limited leave to remain.

C. Dependant children of an EEA national exercising EC treaty rights in the UK
The children of EEA nationals exercising Treaty Rights in the UK are permitted to join their parents in the UK up until the age of 21. They are required however to comply with the same requirements with regards to not being married or having formed an independent family unit and being financially dependent.
In addition, an Entry Clearance application will also mean that the applicants will be required to meet the requirements similar to those under the UK Immigration Rules for leave to enter the UK as the child of a person present and settled in the UK.
The child applying to join their parent (s) (if not an EEA national themselves), can apply to enter the UK on a family permit which is valid for six months. Once the six months expiry date looms, the child will need to apply for an extension of their stay in the UK either by submitting an application for FMRS (family member residence stamp - if the sponsoring parent is registered under the workers registration scheme) or a residence card (if the sponsoring parent is not required to register under the workers registration scheme and is exercising treaty rights in the UK).
Once the child has been residing in the UK together with the sponsoring parent(s) for five years, the child is eligible for permanent residence in the UK.
The main differences between the UK Immigration Rules and the EEA regulations is therefore the age requirement for ‘dependant’ children and the type of visa they are issued.
The rules on “sole responsibility” are not as simple as they appear and therefore can provide scope for the Entry Clearance Officer to refuse an application for a child intending to accompany / join his sponsoring parent in the UK. This is a mixed matter of fact and law and should be professionally dealt with as the future of the child lies at stake and in short depends on this application.
It is therefore always advisable to seek independent professional advice before lodging any immigration applications on behalf of a child.

Our Services

• We can advise on the procedure involved in a child/dependant application and assess the merits of the application.
• We can advise on the procedure involved for applying for applications for children who have two parents in two different locations.
• We can advise on the evidence required for an entry clearance application.
• We can advise on the merits of an appeal - should the application be refused and attract a right of appeal.

UK Resident Permits (Workers)
The UK has always been an attractive destination for both temporary and permanent immigrants from all over the world. The expansion of the European Economic Area has brought thousands of migrants to the UK in search of economic opportunity.
Although there is no need for EEA nationals to obtain a residence permit, as it only confirms their pre-existing rights to reside and work in the UK, it is important when there is a non-EEA national family member deriving his / her rights from the EEA national.
There are different categories of persons who need to fulfill relevant criteria, in order to get a resident permit:
a. Worker
b.  Self-employed Persons
c. Self-sufficient Persons
d. Provider / recipient of services
e. Students
f. Retired Person

A. Workers
All EEA nationals (except nationals of the A8 Accession States, who first need to complete 12 months of registration under the Worker Registration Scheme - WRS) who wish to take employment in the UK have automatic   rights to reside and work in the UK.

1.     Who can apply for a Residence Permit?
Nationals of all the EEA states (except A8 nationals, i.e. those from Latvia, Lithuania, Estonia, Poland, Hungary, Slovakia, Slovenia and the Czech Republic) can make an application for a residence permit as a worker if they provide the documents mentioned below and are intending to take employment in the UK for more than three months. Nationals of the accession states however, can apply for their residence permits as workers only once they successfully complete one year of registration with the UK Border Agency under the WRS scheme.

2.     Requisites for a Residence Permit application
The UK Border Agency provides, on its website, relevant application forms, i.e. Form EEA1 for a residence permit application for EEA nationals and their EEA national family members. The following documents / information need to be provided for this type of residence permit application:
o    Original Passport / ID card of the main Applicant
o    Original passport / ID card of the dependant applicants
o    Letter from the Employer confirming the employment of the main applicant (commencement & duration of the employment)
o    Employment Contract, if available.
o    Pay slips
o    Two Passport photos
o    Relevant birth/marriage certification
It is not necessary to have full time employment in order to qualify for a residence permit, even part-time employment renders an EEA national eligible to apply.

3.     Duration of Residence Permit
The duration of the residence permit depends on the proposed length of the employment:
o    If the duration of the employment is of less than three months, there is no requirement to apply for a residence permit.
o    If the duration of the employment is more than three months but less than a year, the duration of the residence permit would be restricted to the duration of the employment.
o    If the employment is for more than a year, the residence permit is issued for the maximum duration permissible, i.e.  for five years.
4.     Effect of Public Funds
EEA nationals residing in the UK would be expected to arrange for their maintenance and accommodation without recourse to public funds but any public funds taken do NOT have any effect on their right to live and work in the UK. Work-seekers (workers who have ceased to work because of involuntary redundancy) continue to have a right to live in the UK although they do not continue to qualify for a residence permit, unless they fall into the provisions described below in section 5.
5.     Temporary Incapacity to work / Involuntary Redundancy
A person who has worked in the UK but temporarily ceases to work will NOT cease to be a person having the right to have a residence permit. For example if such a person is unable to continue his employment due to illness, maternity leave, accident / injury or other unavoidable reasons, he does not lose the right to apply for a residence permit, provided it is their intention to resume work as soon as possible.
Generally a person would not be expected to have such a break from work of longer than six months. Any longer than that and it is considered that the continuity of the exercise of EC treaty rights is broken (for the purposes of later applying for permanent residence – see section 7 below).
6.     Family Members of the applicant
Family members would also be given residence permits (provided they are also EEA nationals) in line with the main applicant, whereas if the family member is a non-EEA national they can either apply for a family permit or a residence document.
Family Permit
A family member includes spouse, child under the age of 21, and other family members. Please note that more distant relatives can also come under the definition of a family member, but they are required to prove that they are financially dependant on the EEA national.
A non-EEA family member of an EEA national should make an application for a family permit:
o    when he seeks to enter the UK together with his EEA family member; or
o    when he seeks to enter the UK to join his EEA family member in the UK.
Please note that he/she needs to fulfill the normal entry clearance criteria if he/she intends to enter the UK for any other purpose apart from the above-mentioned. This type of permit is issued for a maximum period of six months, upon the expiry of which, the non-EEA national then needs to apply for a residence document in line with the residence permit of the EEA national or a Family member residence stamp if the EEA national is an A8 national and is registered under the WRS scheme.
Residence Document
A residence document is issued to a non-EEA dependant family member of an EEA national exercising treaty rights in the UK and is normally issued for the same duration as the residence permit issued to the EEA national. This document then gives unquestionable rights, to the dependant of the EEA national, to reside and work in the UK.
7.     Settlement Prospects
Residence Permit holders who have remained in the UK in continuous exercise of their EC Treaty Rights for 5 years can apply for permanent residence provided they have continuously met all the requirements of the residence permit. Non-EEA family members of EEA nationals can apply simultaneously with the EEA national for permanent residence.
Please note that for A8 nationals who have served 12 months on a Worker Registration certificate, followed by a further 4 years on an EEA residence permit, application for permanent residence can indeed be made after a total of 5 years continuous exercise of EC Treaty Rights in the UK (i.e. after 12 months on the worker registration scheme directly followed by 4 years on an EEA residence permit).
Workers Registration Scheme LINK 27
The expansion of the EEA has brought many new EEA nationals to the UK in search of economic opportunity. There are absolutely no restrictions on their freedom of movement whilst coming and going to/from the UK. But a 12 month registration restriction is imposed on nationals of the 8 Accession countries who wish to be employed in the UK. However this requirement is just for the initial 12 months of their employment and after that they would enjoy full rights to work. It should be noted that only those who wish to seek employment are required to register under this scheme while those who choose to be self-employed are not required to register under this scheme. There are further exceptions to this registration requirement as below:

• If they have already been working with permission in the UK for 12 months or more
• If they have been working with permission in the UK for their  current employer since 1st May 2004
• If they had extant leave to enter/remain in  the UK (under the 1971 Immigration Act ) on 30th April 2004 and the leave was not subject to a condition restricting employment
• If they are providing services in the UK on behalf of an overseas-based employer
• If they are citizens of the UK or any other EEA state (Not among the 8 accession states) or Switzerland as well as being an A8 national
• If they are a family member (spouse or child under 21 or dependant) of a Swiss or EEA national (other than the 8 accession states) who is exercising EC Treaty Rights in the UK

1. Who is required to register under the WRS?
All nationals of the 8 Accession States (Lithuania, Latvia, Estonia, Czech Republic, Slovakia, Hungary, Poland and Slovenia) who wish to work in the UK and do not fall under any of the above mentioned circumstances must register under this scheme within one month of the commencement of their employment in the UK.
If there is a change of circumstances of the EEA national and he/she falls under any of the exemptions discussed above he/she would no longer be subject to this scheme.
2. Requisite Documentation
Applicants need to provide the following documentation for the purpose of registering under this scheme:
a.     Original passport or identity card and 2 passport photos
b.     Relevant application form together with the UK Border Agency fee of £90.
c.     A letter from the employer that confirms when the employment commenced and the job title/salary of the applicant
d.     Payslips, if available.
Please note that this application is just for the purposes of registration with the UK Border Agency and applicants are not required to send any bank statements.
3. Registration Card & Registration Certificate
If the application for registration is successful, the following documents would be sent to the applicant:
Registration Card: This document includes name, date of birth, nationality, your photograph and a unique reference number. The validity of the card is 12 months from the date of issuance. This card is only ever issued once, but if the applicant changes employment, UK Border Agency does have to be notified, and a new application made.
Registration certificate. This is in the form of a letter. This authorises the applicant to work for the employer named in the application. A copy of this letter is also sent to the employer of the applicant for their retention. The validity of the certificate is until such date that the applicant leaves the employment, or for 12 months, whichever is the sooner.
4. Change of Employers
If  the applicant changes his employment, he is required to submit a fresh application for registration and include the details of his new employment. On this occasion no additional fees need to be paid and it is not necessary to re-submit one’s passport  to the UK Border Agency. Every time the employment is changed a new registration certificate will be issued to the applicant that contains the employment details of the new employment.
5. Spouse / Children
This registration scheme also determines  the  rights of the family members (non-EEA nationals) of the A8 national. A8 nationals who are required to register under this scheme have the right to invite their family to join them in the UK. If the family members are EEA nationals, they would have an automatic right to reside and work in the UK without any restrictions. If they are nationals of non-EEA countries, they require leave to enter on a family permit or leave to remain in line with the A8 national living and working in the UK.
There is a separate  FMRS (Family Member Residence Stamp) form available for non-EEA national family members of an A8 national, who would need to confirm their relationship with the A8 national by providing the relevant birth/marriage certification. Moreover the employer of the A8 national, of whom the non-EEA national is a dependant, would need to certify the employment details of the A8 national on the FMRS form. Non-EEA family members of an  A8 national who is on a Worker Registration certificate are normally granted permission to reside and work in the UK for the duration of the A8 national’s Worker Registration certificate.
6. Information for Employers
The UK Border Agency has established certain liabilities for employers who employ nationals from the accession states under this scheme. Employers are required to keep a copy of the completed application forms of each of those requiring registration with the UK Border Agency. A copy of the registration certificate is also sent to the employers for their retention as proof of the legal employment of the individual. Employers may be guilty of a criminal offence under the new legislation if the worker does not make an application for registration within one month of the commencement of employment or the employer has not retained a copy of the application form. The maximum penalty for this offence is £5000. It is therefore  important for the employer  to have adequate record-keeping in place, otherwise they might end up paying a large fine.
7. Settlement Prospects
The employment records of A8 nationals who are on the worker registration scheme are kept and monitored by the UK Border Agency. On completion of an uninterrupted 12 month period of registration under this scheme, applicants can apply for EEA residence permits that are usually of five years duration. It should also be noted that there should not be a gap of more than one month of unemployment in the 12-month registration period and any gap of more than one month would break the continuity of the compulsory 12-month registration period. Once a residence permit is issued for five years and the applicant subsequently fulfils the requirements of the residence permit  for four years, they become eligible to apply for permanent residence.
Working without registration means working illegally and offers no benefit to the applicant or his family. It is therefore important to get registered under this scheme to then be able to derive the full benefits open to EEA nationals and their family members.

Latest rules and regulations in respect of EEA nationals and their family members
The UK Border Agency always interpretes EEA regulations strictly, and these have been  revised thoroughly in recent years.
The following guidance outlines the salient features of the changes that were introduced on 30th of April 2006:

1. New Terminologies
The UK Border Agency has now introduced new terminologies for residence permits and residence documents – these are now called registration certificates and residence cards respectively. The registration certificates are issued to EEA nationals as confirmation of their exercise of EC Treaty Rights, whilst the residence cards are issued to the non-EEA family members of such EEA nationals. The requirements to apply for them are also revised and there are a number of old regulations that have been replaced by new ones.

2. Qualified Persons
The list of those who come under the definition of qualified persons (i.e. EEA nationals who are considered to be exercising EC Treaty Rights in the UK) has been revised and according to the new list the following persons would be considered as qualified persons:

a.     Job Seeker;
A job seeker means a person who enters the UK in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged. This is a new category that has been included in the new rules.

b.     Worker;
The definition of a worker or employed person is the same as under the old regulations. However a person who is no longer working shall NOT cease to be treated as a worker if:
o    He is temporarily unable to work as the result of an illness or an accident; or
o    He is in duly recorded involuntary unemployment after having been employed in the UK, provided that he has registered as a job seeker with the relevant employment office; or
o    He was employed for one year or more before becoming unemployed; or
o    He has been unemployed for no more than six months; or
o    He can provide evidence that he is seeking employment in the UK and has a genuine chance of being engaged; or
o    He is involuntarily unemployed and has embarked on vocational training that is related to his previous employment; or
o    He has voluntarily ceased working and embarked on vocational training that is related to his previous employment.

 

c.     A Self-Employed person;
The definition of a self-employed person is also the same as under the old regulations. However a person who is no longer in self-employment shall not cease to be treated as a self employed person if:
o    He is temporarily unable to work as the result of an illness or an accident; or
o    He is in duly recorded involuntary unemployment after having been self- employed in the UK, provided that he has registered as a job seeker with the relevant employment office; or
o    He was self-employed for one year or more before becoming unemployed; or
o    He has been unemployed for no more than six months; or
o    He can provide evidence that he is seeking employment in the UK and has a genuine chance of being engaged; or
o    He is involuntarily unemployed and has embarked on vocational training that is related to his previous work; or
o    He has voluntarily ceased working and embarked on vocational training that is related to his previous work.

d.     A Self-Sufficient person;
The definition of a self-sufficient person is also the same as under the old regulations.  This type of qualified person is not supposed to be a burden on the social assistance system of the UK during his/her period of residence and is required to have a comprehensive sickness insurance policy whilst resident in the UK. There is no specific amount of money that a self-sufficient person should have in order to apply for a residence card as a self-sufficient person. The resources of such a person, however, as defined under the new rules should be more than the maximum level of resources which a UK national and his family members may possess to be above the legal threshold for eligibility for social assistance under the UK benefit system. Essentially, if a person can support himself without recourse to public fund /benefits, and can prove this with the relevant documentation, then this should satisfy the above criteria.

e.     A Student
A student means a person
o    Enrolled at a private or public establishment, included on the department for education and skills register of education and training providers or financed from public funds, for the principal purpose of following a course of study, including vocational training;
o    And having comprehensive sickness insurance cover in the UK; and
o    Assures the secretary of state, by means of a declaration, or by such equivalent means as the person may choose, that he/she has sufficient resources not to become a burden on the social assistance system of the UK during his period of residence as a student.
There is therefore no need to provide any bank statements or any other documentary evidences to establish that the person would not become a burden on the state benefits. A declaration from the student would be sufficient for the student to address the maintenance and accommodation issue.

3. Rights of Residence
a.     Initial right of residence
An EEA national has the right to reside in the UK for up to 3 months from the date he is admitted if he holds a valid ID card or passport from an EEA state. A family member of such an EEA national residing in the UK, who is a non- EEA national, also has the right to reside in the UK in line with the main EEA national. The initial right of residence is however subject to the ability of the Secretary of State to remove an EEA national and / or non-EEA national family members if he/she decides removal is justified on grounds of public policy, public health or national security. In addition, the initial right of residence of the EEA national and/or his/her family member shall cease under this regulation if he/she becomes an unreasonable burden on the social assistance system of the UK. It is not yet defined whether temporary assistance from public funds would constitute an unreasonable burden on the public funds or not, nor are these definitions set out in purely monetary terms. As we receive further guidance on this issue in due course, we shall then update this guidance accordingly.

b.     Extended right of residence
A qualified person has the right to reside for as long as he/she remains a qualified person. A family member of such a person or of an EEA national with a permanent right of residence has the right to reside for as long as he remains the family member of that qualified person or EEA national. The extended right of residence is however subject to the ability of the Secretary of State to remove EEA nationals and / or non-EEA national family members if he decides removal is justified on grounds of public policy, public health or national security.

c.     Retention of Right of Residence
In the event of an EEA national's death or departure from the UK:
This would NOT automatically mean the loss of the right of residence for the non-EEA family members, provided they have been residing in the UK as family members for at least one year prior to the EEA national's death or departure from the UK. But before applying for permanent residence they need to fulfill the criteria of being a worker or self employed person or self-sufficient person and to provide comprehensive sickness insurance cover. In effect, the non-EEA national family member becomes the qualified person instead of the EEA national, provided they are carrying out a qualifying activity.
This would also not mean loss of right of residence for the children or of the parent having actual custody of the children, irrespective of nationality, if the children are residing and enrolled at an educational establishment for the purposes of studying in the UK, until the completion of their studies.
In the event of divorce, annulment of marriage or termination of registered partnership:
This would also NOT mean the loss of right of residence for the non-EEA family members provided:
o    The marriage / registered partnership lasted for at least three years, including one year spent together  in the UK; or
o    The spouse / partner has the custody of a child of the EEA national by Court Order or
o    The non-EEA family member has been a victim of domestic violence whilst the marriage / registered partnership was subsisting; or
o    The non-EEA family member has the right of access to a minor child and the Court has ruled that access must be enjoyed in the UK and for as long as is required.
But before applying for permanent residence they need to fulfill the criteria of being a worker or self employed person or self-sufficient person and to provide comprehensive sickness insurance cover in the UK.
The Domestic violence provision is a protective provision that safeguards the rights of the victims of domestic violence and has now been extended to the non-EEA family members of the EEA nationals. Previously, it was only available to spouses / unmarried partners of British citizens.

d.     Permanent right of residence
The general rule is that the EEA national and / or his family member (EEA or non EEA national) who has resided in the UK under the 2006 regulations for a continuous period of five years can acquire the right to reside permanently in the UK. The right of permanent residence can only be lost through absence from the UK for a period exceeding two years. Like the above, the permanent right of residence is also subject to the power of the Secretary of State to remove an EEA national and / or non - EEA national family members if removal is justified on the grounds of public policy, national security or public health. The permanent right of residence would be valid for 10 years (it can of course be renewed though), unless the applicant applies for naturalization and becomes a British citizen.

4. Family Members
The definition of family members has also been revised under the new regulations, according to which only the following persons would be considered as family members:

•  Spouse or Civil Partner
•  Direct descendants or those of the EEA national are spouse or civil partner, who is under 21 years of age.
• Direct dependants in the ascending line and/or of the spouse or civil partner (egg parents)
• A person(s)  who is to be treated as the family member(s) of that other person under the deeming provisions for certain extended family members (see below)

The dependant relatives in the ascending line are now restricted to direct dependants only, i.e. only parents of the EEA national or of his spouse / civil partner would be allowed to join or accompany the main EEA national. But for EEA national students, only spouse / civil partners and their children aged less than 21 years of age are considered as family members.
Please note that there is no discretion for Immigration Officer to refuse entry clearance, i.e. they are bound to give leave to enter / remain provided good documentary evidence is made available to establish the relationship of the applicant with the main EEA national. Applications from extended family members are however, considered under a different criteria (see below), and Immigration/Entry Clearance Officers are given significant, discretionary powers when considering applications of this latter type.

5. Extended Family Members
"Extended family members" means a person who is not a family member of an EEA national as described above and satisfies one of the conditions set out below:

   I.        If a person is a relative of the EEA national, his spouse or his civil partner, and is residing in an EEA member state in which the EEA national is also residing, as the dependant of the EEA national and/or as a member of his household, and wishes to accompany or join the EEA national in the UK or having joined the EEA national in the UK, continues to be dependant upon him or to be a member of his household.
   

  ii.        If a person is a relative of an EEA national or his spouse or his civil partner and on serious health grounds, strictly requires the personal care of the EEA national, his spouse or his civil partner.
   

iii.        If a person is a relative of an EEA national and would meet the requirements in the immigration rules (other than those relating to entry clearance) for indefinite leave to remain in the UK as a dependant relative of the EEA national were the EEA national a person present and settled in the UK.
  

iv.        If a person is the partner of an EEA national (other than a civil partner) and can prove to the decision- maker that he is in a durable relationship with the EEA national (Unmarried Partner).
Unmarried partners, unlike as is stated in the immigrations rules, are just required to establish having a durable relationship rather than a relationship that has subsisted for 2 years or more. The criteria as detailed in the new EEA regulations are less stringent as compared to the UK Immigration Rules. Immigration/Entry Clearance Officers do possess significant, discretionary powers in considering applications from “extended family members" of EEA nationals to enter or remain in the UK, and are obliged to have very strong grounds to refuse applications of this sort.
The retention of rights of residence, domestic violence issues and unmarried partners provisions are the most important changes that have been incorporated into the 2006 EEA regulations and give the non-EEA family members of EEA nationals the same rights as those enjoyed by family members of British citizens. The qualifying period for permanent residence in the UK has also been extended from four years to five years and is thus in line with the changes introduced in the Immigration Rules in 2006. Civil partners are also acknowledged in the 2006 EEA regulations and are given the same rights as are available under the UK immigration rules. The intention is therefore to protect the rights of non-EEA family members of EEA nationals who are exercising treaty rights in the UK, in conformity with the rights presently enjoyed by family members of British citizens

Settlement – Spouse/Civil Partner
If you are the husband, wife or civil partner of an individual who has settled status in the UK, this is the visa category you will be required to apply under should you wish to join them in the UK.
If your application is successful under this category, you will be granted permission to live and work in the UK for a period of two years. This two year period is generally known as the ‘probationary period’ and under the current immigration rules, towards the end of this period, providing you are still married or in a civil partnership and you plan to live with your spouse/civil partner permanently in the UK, you may apply for permanent residence, currently known as ‘Indefinite Leave to Remain’.
In certain cases it is also possible for an applicant to apply for permanent residence or “indefinite leave to enter the UK” prior to entry to the UK. This would only be permitted where the applicant has married or registered a civil partnership at least four years ago, has spent those last four years living together with their spouse/civil partner overseas and is now returning with their spouse/partner to live permanently in the UK.
It is important to note that if the settled spouse has more than one wife or husband overseas, only one will be allowed to join them in the UK as polygamous marriages are not recognized under UK law.
Requirements for the settled person in the UK
If you wish to join your husband, wife or civil partner who is settled in the UK, you must first ensure that:

• They are at least 21 years of age
• They currently reside and have ‘settled status’ in the UK; OR
• They are coming to live permanently in the UK with you

Requirements for the applicant intending to join their spouse/civil partner in the UK
The requirements for the applicant intending to join their spouse/civil partner in the UK may at first glance appear to be simple; however in reality when preparing the application the opposite is often the case. Applicants are advised to pay careful attention to the requirements and to seek clarification on any matter of uncertainty:
You, the applicant should qualify to apply for a spouse/civil partner visa if you are able to demonstrate the following:

• You are both at least 21 years of age.
• You have met your spouse or civil partner previously.
• You are legally married to your spouse or you are in a civil partnership recognised in the UK.
• Your spouse or civil partner is present and settled in the UK.
• You and your spouse/civil partner both intend to live together permanently.
• You are able to financially support yourselves (and dependants) without assistance from UK public funds.
• You have adequate accommodation for yourself and any dependants which is owned/rented by yourselves without assistance from UK public funds, and which will be occupied exclusively by the two of you

Clarification of the requirements
Parties are both 21 years of age
Both parties in a marriage/civil partnership will now have to reach the age of 21 before they can apply for a visa to enter the UK or sponsor a visa for their spouse/civil partner to enter the UK.
The government has explained that their objective in increasing the age from 18 to 21 is to deter forced marriages, protect vulnerable people and limit the abuse of the marriage/civil partnership migration route.
The submission of passports with the application will be sufficient to demonstrate the age of the parties involved.
Parties to the marriage/civil partnership have met
Generally it is unlikely that individuals have never met their spouse/civil partner, however in certain circumstances, this is indeed the case (e.g. arranged marriages, forced marriages, sham marriages).
The British Diplomatic posts will NOT take these circumstances as an exception to the general rule and therefore supporting evidence regarding the meeting of the parties to the marriage/civil partnership is very important.
Possible supporting evidence could be

• Pictures of both parties during the relationship and/or at the wedding/civil partnership.
• Tickets or bookings in both names in respect of places the couple have visited together.
• The marriage certificate, as this itself sometimes mentions the presence of the two parties to marriage.

In addition to the above, the Entry Clearance Officers may also ask questions relating to this issue to ensure that the applicant has indeed really met their spouse/civil partner. Most frequent questions surround the place or time / day of first meeting, where the marriage ceremony took place, close family members of the sponsor and the like.
NB: Internet relationships
It is not sufficient for a relationship to have developed over the Internet in order to satisfy the requirements, unless the relationship at some point included a personal face-to-face meeting between the parties concerned.
Legal Marriage/Civil Partnership recognised in the UK
Applicants will need to show that they are either legally married or have officially registered a civil partnership which is recognised in the UK.
A legal marriage is one that is registered with the official registrar of the place where the marriage ceremony took place. The official registrar / local authority usually issues marriage certificates as proof of marriage which in return creates rights and obligations for both the parties.
In the majority of cases a marriage certificate will provide satisfactory evidence that a marriage has taken place.
A civil partnership is a legal relationship which can be registered by two individuals of the same sex. It gives same-sex couples the ability to obtain legal recognition for their relationship. The UK will recognise some legal relationships registered under the law of another country.
Where two people have officially registered an overseas relationship, they will be treated as having formed a civil partnership in the UK.
Present and settled in the UK
Applicants are required to demonstrate that the spouse or civil partner they intend to join is present and settled in the UK. This means that the settled person must be physically present in the UK at the time of the application, unless they are accompanying or joining the applicant and wish to make the UK their home.
Present and settled means that the individual in the UK is settled (i.e. holds either  indefinite leave to remain, British citizenship or Right of Abode in the UK), and, at the same time that an application is made, is physically present in the UK or is coming here with, or to join, the applicant and intends to make the UK their home with the applicant - if the application is successful.
Please note that a British Citizen who has been resident overseas but who now intends to return to the UK to live can be regarded as present and settled in the UK.
Both parties intend to live together permanently
The applicant and spouse/civil partner must be able to demonstrate that there is a clear intention to live permanently with each other and that  there is a strong commitment from both sides.
Evidence to support this intention could be a letter from both parties formally declaring that they are married/in a civil partnership and intend to live together at a given address which is owned/occupied by the sponsor in the UK.
Please note that the Entry Clearance Officer may ask questions regarding the address or description of the place of residence in the UK. This is to confirm that the applicant has the intention to live together with the spouse/civil partner.
Sufficient funds for maintenance without recourse to public funds
There are a number of documents which can be conclusive evidence of the fact that there are ample funds available for the maintenance of the applicant (including dependants) and the sponsor.
These can include:

• Bank Statements.
• Pay slips.
• Letter from the sponsor’s employer(s).
• Employment contract.
• Financial Statements / Annual Accounts of the business (if the  sponsor is self- employed).
• Tax documents.

Please note that this is not an exhaustive list and the supporting evidence will in fact depend on the applicant’s/sponsor’s individual circumstances.
Sufficient accommodation without recourse to public funds
Evidence of arranged/suitable accommodation will be very important for the application.
Appropriate evidence can include:

• Tenancy agreement; OR
• Land Registry Certificate/Mortgage paperwork

Sometimes it is useful to have a letter from the local council confirming the number of rooms and the facilities / amenities available in the accommodation to confirm that there will be no statutory overcrowding in the accommodation.
These documents must be supported by the bank statements of the sponsor to prove that they have sufficient funds to rent/own the accommodation without assistance from UK public funds.
Supporting Documents
In order to be able to demonstrate that you satisfy the above requirements, you will need to provide supporting documentation.
Please note that It is possible for the application to be refused simply due to the lack of supporting evidence so it is important to be thorough in preparing this type of application. Although the refusal of a spouse/civil partner visa triggers a right of appeal, unfortunately the appeal process can take several weeks and months to be considered by the Asylum and Immigration Tribunal (AIT) and therefore it is crucial that the application is prepared well from the outset.
Switching Rules
It is important to note that applicants entering the UK for the first time on the basis of their marriage or civil partnership to a settled person must apply for Entry Clearance.
However those already in the UK on a valid visa of more than six months validity (this will normally exclude short- term category visas such as visitor or short- term students) may qualify to apply to extend or vary their leave in the UK on the basis of a legal marriage or civil partnership undertaken with a settled person in the UK.
Please note that any person who is subject to immigration control within the UK will first need to apply for a Certificate of Approval to marry in the UK. The Certificate of Approval is not itself a grant of further leave to remain in the UK. This certificate only allows you permission to give notice to marry to a Registrar. You will need to seek variation of leave to remain once you are legally married in the UK.
It is again advisable to seek legal advice should you require clarification of your own visa status and whether you are permitted to extend or vary your leave in the UK.
Our Services

• We can advise on the procedure of making a spouse or civil partner entry clearance application.
• We can assess the merits of your application and advice as to how to improve your application.
• We can advise on extension of leave in the UK or applying for permanent residence after the ‘probationary period’.
• We can advise as to the procedure involved for including children as dependants.
• We can advise as to the merits of an appeal should your entry clearance application be refused.

Unmarried Partners
1. Introduction
In addition to marriage, both the immigration rules and the EEA regulations acknowledge the significance of unmarried partner relationships. These types of partners are therefore given the same rights as those enjoyed by the spouses of either settled persons, or of EEA nationals exercising treaty rights or of persons with limited leave to remain in the UK.
2. What is an Unmarried Partner Relationship?
According to the immigration rules and the EEA regulations, the term unmarried partner relationship can be defined as:
"Two persons living together in a relationship akin to marriage for at least two years".
This definition does not include casual acquaintances or any unstable relationship in which neither of the parties have any long term intentions to live together in a relationship akin to marriage or civil partnership. The phrase "akin to marriage or civil marriage" is a relationship that is similar in its nature to a marriage or civil partnership, which would therefore  include unmarried and same sex relationships. The partnership would have to be proven by way of household bills/bank statements covering the relevant period, addressed to the couple at the same address.
The intention of the rules relating to unmarried and same sex partners is to allow genuine long-term relationships to continue. It is not an open door to couples who are in the early stages of a cohabiting relationship, but provides an opportunity for those couples who are already living together in a committed relationship akin to marriage or civil partnership to enter or remain in the UK on this basis alone.
3. Who can apply?
Only the following persons can invite their unmarried partners to join / accompany them in the UK:
1.     A person present and settled in the UK
2.     EEA national exercising treaty rights in the UK
3.     A person having limited leave to remain in the UK, excluding students, multiple entry work permit  holders & other temporary categories of short duration.
1.     Unmarried Partners of person settled in the UK
A.     Applicants having two years` relationship with a person settled in the UK are given two years` leave to join / accompany his / her sponsor in the UK. Applicants are required to provide documentary evidence  to establish that they can be maintained and accommodated without recourse to public funds and have the intention to live with their sponsors permanently. They are given leave that allows them to seek employment or engage themselves in business during the currency of their leave to remain.
On living with his / her sponsor for two years, the applicant can then make an application for indefinite leave to remain in the UK. And on living in the UK for a total of 5 years, they become eligible to make an application for naturalization, provided they comply with the relevant  rules and regulations.
However, if the unmarried partners choose to get married at some stage, the non - settled partner would have to seek permission to marry from the UK Border Agency (UKBA), according to the Certificate of Approval regulations. The applicant would be given a further two years’ leave to remain as the spouse of a person present and settled in the UK, but he/she would qualify for permanent residence after spending a total of two years starting from the time when he /she entered the UK on the unmarried partner's visa or when he / she was given leave to remain on that basis. The unmarried partner would therefore not be disadvantaged due to his / her decision to get married and give permanence to his / her relationship.
B.     Applicants having four or more than four years of relationship with a person settled in the UK can make an application for Indefinite leave to enter straight away without applying for the probationary period. However this is only in the scenario whereby the relationship has endured for more than 4 years, and the parties to it have cohabited OUTSIDE the UK for that period.
2.     Unmarried Partners of EEA nationals exercising treaty rights in the UK
We can divide all EEA nationals into two categories:
o    Those having full rights of work/residence without any requirement to register with UKBA
o    Those requiring registration with UKBA, if they take employment (A8 nationals)
Entry clearance cases
In the former case, unmarried partners can make an application for a family permit and then make an application for a residence card in line with the registration certificate of the sponsor. Whilst, in the latter case, unmarried partners can make an application for a family permit and then make an application for a Family Member Residence Stamp.
Leave to remain cases
In the former case, unmarried partners can make an application for a residence card (Limited leave to remain for five years) in line with the registration certificate of the sponsor. Whilst in the latter case, unmarried partners can make an application for a Family Member Residence Stamp (limited leave to remain for 1 year) in line with their partner's registration with UKBA. It would then be necessary for them to make an application for a residence card (limited leave to remain for 5 years) in line with their partner's registration certificate before the expiry of their Family Member Residence Stamp.
In addition to the above, the following factors must also be noted:
o    It is not necessary for the sponsor (EEA national) to apply for a registration certificate at any time during their stay in the UK but having an EEA registration certificate would greatly facilitate their partners/family members’ applications.
o    It is at the discretion of the Entry Clearance Officer to issue an EEA family permit to an unmarried partner.
o    Unmarried partners are permitted to take any employment or be self-employed whilst their partners are exercising their treaty rights in the UK.
o    Unmarried partners can make an application for permanent residence on successfully completing 5 years residence under the 2006 EEA regulations.
                Unmarried Partners of persons having limited leave to remain in the UK
Persons residing in the UK with limited leave to remain can invite their unmarried partners to accompany / join them in the UK. Being a dependant of a person with limited leave to remain, the unmarried partner would be permitted to seek employment or be self-employed during the currency of his /her leave. The applicants are normally granted the visa valid in line with the sponsor's visa and it is expected that they leave the country together with the sponsor, if the sponsor does not intend to settle in the UK. However, if the sponsor qualifies for settlement and makes an application, the dependant also qualifies for settlement in line with his / her sponsor.

Article 8 of ECHR: Right of Private & Family life
The European Convention on Human Rights has defined, and deals with, a number of basic rights that are guaranteed to every individual - irrespective of their race, religion, nationality or membership of a particular social group - who resides within the boundaries of the countries belonging to the Council of Europe (There are 46 member countries including the 26 member states of the European Union).
The ECHR provides a list of fundamental human rights and each of them is enshrined in separate Articles in section 1 of the ECHR, whilst the other sections deal with the establishment of the European Court of Human Rights and other miscellaneous provisions.
Article 8 deals with the right to private and family life of every person living within the borders of the Council of Europe countries, and is relevant in relation to Immigration decisions taken by the public authorities of the member states.
A.     What is Article 8 of the European Convention on Human Rights?
1.     Every one has the right to respect for his private and family life, his home and his correspondence.
2.     There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others
B.     Who can claim a right to live / remain in a member state on the basis of the establishment of a right to private & family life?
Any person, who has established his private and family life successfully in the UK and can provide evidence to that effect, can claim the right to remain in the UK on that basis alone no matter whether he qualifies under the domestic law to remain in the UK or not. Such a person could be:
o    An overstayer
o    An illegal entrant
o    An asylum-seeker
o    A failed asylum-seeker
o    Anyone having no claim under the Immigration rules or EEA regulations to live and remain here in the UK.
                Criteria for assessing a valid claim under Article 8
A family life can be established in the following relationships:
Close family relations
§  Husband / wife or Civil Partnerships
§  Unmarried and Same sex Partners (there is no requirement for them to have at least 2 years of relationship, unlike  under the immigration rules).
§  Parent / Child / Adopted Child
Wider Family relations
§  Grandparents/ Grandchildren
§  Uncles / Aunts
§  Nephews / Nieces
§  Adult Siblings
§  Parents / Adult Children
§  Foster Families
Establishment of family life is generally presumed among close relatives whilst in respect of  wider family relations, the relationships mentioned above MAY fall within the scope of family life depending upon the strength of the emotional ties and dependency, if there is any.
The UK Border Agency (UKBA) normally uses a five-step criteria in order to assess whether the applicant has established his private or family life in the UK and whether any efforts to remove him or her to his/her country of origin would amount to a breach of his/her human rights:
b.     Has the applicant established family or private life in the UK?
c.     Will refusal / removal interfere with that family life - are there insurmountable obstacles to the family enjoying family life elsewhere?
d.     If there is interference with family life, is it in accordance with the law?
e.     Is the interference in pursuit of one of the permissible aims set out under Article 8(2)?
f.      Is the interference proportionate to the permissible aim?
If the applicant can address the above-mentioned issues separately by providing directly or indirectly relevant documentary evidence in support that makes his case "truly exceptional", only then may he/she be granted leave to remain in the UK. In a case decided by the IAT, the tribunal has made its view  clear by stating that "where an individual falls outside the specific requirement or limits of the otherwise applicable rules or policy, that is a very clear indication that removal is proportionate. It is not for the judicial decision maker, except in the clear and truly exceptional case, to set aside the limitations set by the executive…”
This case therefore gives a clear guideline to decision-makers and UKBA to assess whether an individual can be removed despite the establishment of private and family life in the UK.
There are some factors that may be taken into account in assessing the "truly exceptional" circumstances of an individual. Some of them are:
o    Nature of relationship
o    Are there any minor children in the relationship?
o    Frequency of contact with relatives
o    Is there any dependency involved in the relationship?
o    Applicant`s and his family members` countries of nationality & immigration status.
o    Family members` ties with the UK
o    Applicant`s ties with his country of origin
o    Are there any health or other welfare issues involved?
o    Availability of entry clearance facilities in the country of origin
o    Has there been a delay in determining an earlier immigration application?
o    Would there be any effects on the family living in the UK of the removal of the applicant?
The list is not exhaustive and some other factors that may be considered as relevant in some cases can be totally irrelevant in other cases. The threshold is however very high and difficult to achieve unless there are genuinely "truly and exceptional" circumstances.
There may also be a case when the applicant can claim that on being removed to his country of origin, he might have to face circumstances that would breach his private and family life. The House of Lords has set an example of such cases in a starred case "Ullah & Do" where it was held that:
"In order to rely upon a foreign breach of ECHR articles other than Article 3, a claimant would have to show that he would risk suffering a "flagrant denial or gross violation" of such rights in the receiving state".
Again, the standard of proof is very high and it is only in rare cases that it can be proved that the refusal or removal of a person would invoke Article 8 of the ECHR.
Conclusion
On the face of it, Article 8 may appear to be another reason to stay in the UK on the basis of establishment of private and family life, but in fact it is only in "truly and exceptional" cases that applicants are permitted to remain in the UK.
In addition to the Human Rights Act 1998, Judicial precedents have provided another source of law to interprete, explain and enforce the procedures that have to be followed when considering Human rights claims. Further developments are expected in relation to this area of law, and we will update our website as and when we have further news in this regard.

Domestic Violence - The Immigration Aspect
1. Introduction
Domestic violence is not a thing of the past; unfortunately there are thousands of cases of domestic abuses where people are victimised by the more dominant participant in a marriage or relationship. The reasons might be financial, social, cultural, moral or religious, but these factors do have the capability to turn an exciting phase of one`s life into a thoroughly unpleasant experience.  Although these incidents are dealt with very robustly in the UK, the number of  incidents of this type is still on the rise.
The UK Border Agency (UKBA) has provided an option to victims of domestic violence who leave their countries of origin to live with their partners / spouses in the UK, to make an application for continued legal residence in the UK. It would thus be appropriate to discuss the  relevant aspects of this type of case under the following headings:
2. What is Domestic Violence?
Definition of Domestic Violence:
"Any instance of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members regardless of gender or sexuality".
Definition of Injury (legal):
"Any harm done to a person by the acts or omissions of another."
The above definitions serve as guidance to UKBA in order to assess whether domestic violence has been perpetrated against an applicant.
3. Who can apply?
Only the following persons can make an application for indefinite leave to remain/settlement as the  victims of domestic violence:
1.     Spouses / unmarried partners / civil partners of a person present and settled in the UK
2.     Spouses / unmarried partners/ civil partners of an EEA national exercising treaty rights in the UK
4. Who cannot apply?
The following persons are not entitled to make an application for settlement even if they can establish beyond any doubt that they have been the victims of domestic violence:
1.     Fiancés/ proposed civil partners of a person present and settled in the UK
2.     Fiancés / proposed civil partners of EEA nationals exercising treaty rights in the UK
3.     Spouses / unmarried partners / civil partners of a person having limited leave to remain in the UK
4.     Spouses / unmarried partners / civil partners of a person seeking asylum in the UK
5. The remedy available to victims of domestic violence
The remedy available to the victim of domestic violence who is a spouse / unmarried partner / civil partner of a person  present and settled in the UK is application for indefinite leave to remain/settlement. If he / she fulfils all the criteria of the immigration rules by providing the required documentary evidence and complying with the relevant regulations, he or she would be given Indefinite leave to remain in the UK.
In the case of a victim of domestic violence who is a spouse / unmarried partner / civil partner of a person exercising treaty rights in the UK, he / she is will be allowed to retain his / her right of residence in the UK. On completion of a total of 5 years’ legal residence (under the EEA regulations) in the UK, the applicant would then be able to make an application for permanent residence in the UK.
6. Spouses / Unmarried Partners / Civil Partners of persons present and settled in the UK
In this type of case, the applicant must have been admitted, or given an extension of stay, for a period of 24 months as the spouse / unmarried partner / civil partner of a person present and settled in the UK and their relationship must have subsisted for at least the initial period of the applicant`s stay as spouse / unmarried partner / civil partner.
In addition to the above, the following factors must also be noted:

• The applicant should no longer be living with his / her settled spouse
• The domestic violence must have occurred during the 2 year probationary period and whilst the marriage was subsisting
• The domestic violence was the only or main reason for the breakdown of the marriage / relationship
• The applicant can apply together with any of his / her dependants who are not already British Citizens
• The applicant must provide good documentary evidence to establish that he/she is a victim of domestic violence, such as a court order or conviction against the settled spouse / partner, an injunction, non- molestation order, police caution, medical report, letter from social services or similar
• An application can also be made in respect of domestic violence incurred by a family member of the settled spouse / partner from whom the spouse did not offer any protection

7. Spouses of EEA nationals exercising treaty rights in the UK
The applicant must either have a residence card in line with his / her EEA national spouse / partner who is exercising treaty rights in the UK or provide evidence that he / she resided together with the EEA national partner / spouse who is exercising treaty rights in the UK.
In addition to the above, the following factors must also be noted:

• The applicant should no longer be living with his / her EEA national spouse / partner.
• The domestic violence must have occurred during the subsistence of their relationship and while the EEA national was exercising treaty rights.
• The domestic violence was the only or main reason for the breakdown of the marriage / relationship.
• The applicant has to qualify as a worker or self employed person or a self-sufficient person to qualify to continue enjoying retention of the right of residence.
• If the applicant is a student then he / she will not qualify unless he / she is a student with sufficient resources to be self-sufficient.
• The applicant can apply together with any of his / her dependants who are not already British Citizens or EEA nationals.
• The applicant must provide good documentary evidence to establish that he/she is a victim of domestic violence such as a court order or conviction against his / her settled spouse / partner, an injunction, non- molestation order, police caution, medical report, letter from social services or similar.

Conclusion
Although the remedy provided to the above two categories of applicants are different,  the intention of UKBA is to convey the message to the victims of domestic violence that they would not be abandoned, if their partners or spouses choose to make use of force / threatening behaviour / other non-acceptable acts / omissions that amount to domestic violence.
However, all cases are different and professional advice must be sought before making an application of this kind, otherwise one may risk losing the right to stay in the UK permanently.
Switching Rules LINK 33
The UK Border Agency (UKBA) has always been very clear and unequivocal about any new immigration rules and policies but confusion can sometimes arise in respect of the effects of new rules/policies  on the current / future circumstances of migrants residing in the UK. This confusion can lead to unwise decisions which can ultimately affect a migrant’s right to stay in the UK.
1.     Switching into TIER 1
a) Tier 1 (General)
Nationals of non – EEA countries may apply to switch into Tier 1 (General) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• A highly skilled migrant
• A Tier 1 (Entrepreneur) migrant
• A Tier 1 (Post – Study) migrant
• A Tier 1 (Investor) migrant
• A Tier 2 Migrant
• A participant in the FT: WISS
• A participant in the IGS
• A Business Person
• An Innovator
• A Tier 4 student
• A student/student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A post graduate doctor or dentist
• A work permit holder
• A self-employed lawyer
• A writer, composer or artist

Please note that no one else is permitted to switch to Tier 1 (General) while remaining in the UK and has to seek entry clearance from the country of origin.
b) Tier 1 (Entrepreneur)
Nationals of non – EEA countries may apply to switch into Tier 1 (Entrepreneur) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• A highly skilled migrant
• A Tier 1 (General) migrant
• A Tier 1 (Investor) migrant
• A Tier 1 (Post – Study) migrant
• A Tier 2 Migrant
• A Business Person
• An Innovator
• A Tier 4 student
• A student/student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A work permit holder
• A postgraduate doctor or dentist
• A self-employed lawyer
• A writer, composer or artist
• An Investor
• An IGS participant
• A participant of FT:WISS

Please note that no one else is permitted to switch into Tier 1 (Entrepreneur) whilst remaining in the UK and has to seek entry clearance from the country of origin.
c) Tier 1 (Investor)
Nationals of non – EEA countries may apply to switch into Tier 1 (Investor) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• A highly skilled migrant
• A Tier 1 (General) migrant
• A Tier 1 (Entrepreneur) migrant
• A Tier 1 (Post – Study) migrant
• A Tier 2 migrant
• A Business Person
• An Innovator
• A Tier 4 student
• A student/student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A work permit holder
• A writer, composer or artist
• An Investor

Please note that no one else is permitted to switch to Tier 1 (Investor) while remaining in the UK and has to seek entry clearance from the country of origin.
d) Tier 1 (Post Study Work)
Nationals of non – EEA countries may apply to switch into Tier 1 (Post Study Work) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• A Tier 4 student
• A student/student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A participant in the IGS / FT:WISS

Please note that no one else is permitted to switch to Tier 1 (PSW) while remaining in the UK and has to seek entry clearance from the country of origin. 

2. Switching into Tier 2
a) Tier 2 (General)
Nationals of non – EEA countries may apply to switch into Tier 2 (General) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• Tier 1 Migrant
• Tier 2 Migrant (Sportsperson)
• Tier 2 Migrant (Minister of Religion)
• Highly Skilled Migrant
• Innovator
• Member of Operational Ground Staff of an overseas owned Airline
• Minister of Religion, Missionary or Member of a Religious Order
• Overseas Qualified Nurse or Midwife
• Participant in Fresh Talent: WISS
• Participant in the IGS
• Person writing up a Thesis
• Post graduate doctor or dentist
• Qualifying work permit holder
• Representative of an overseas newspaper, News Agency or Broadcasting organization
• Tier 4 Student
• Student/Student nurse
• Student Re-sitting an examination
• Student Union Sabbatical Officer

Please note that no one else is permitted to switch to Tier 2 (General) while remaining in the UK and has to seek entry clearance from the country of origin.
b) Tier 2 (Sportsperson)
Nationals of non – EEA countries may apply to switch into Tier 2 (Sportsperson) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• Tier 1 Migrant
• Tier 2 Migrant (General)
• Tier 2 Migrant (Minister of Religion)
• Highly Skilled Migrant
• Innovator
• Member of Operational Ground Staff of an overseas owned Airline
• Minister of Religion, Missionary or Member of a Religious Order
• Overseas Qualified Nurse or Midwife
• Participant in Fresh Talent: WISS
• Participant in the IGS
• Person writing up a Thesis
• Post graduate doctor or dentist
• Qualifying work permit holder
• Representative of an overseas newspaper, News Agency or Broadcasting organization
• Tier 4 Student
• Student / student nurse
• Student Re-sitting an examination
• Student Union Sabbatical Officer

Please note that no one else is permitted to switch to Tier 2 (Sportsperson) while remaining in the UK and has to seek entry clearance from the country of origin.
c) Tier 2 (Minister of Religion)
Nationals of non – EEA countries may apply to switch into Tier 2 (Minister of Religion) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• Tier 1 Migrant
• Tier 2 Migrant (Sportsperson)
• Tier 2 Migrant (General)
• Highly Skilled Migrant
• Innovator
• Member of Operational Ground Staff of an overseas owned Airline
• Minister of Religion, Missionary or Member of a Religious Order
• Overseas Qualified Nurse or Midwife
• Participant in Fresh Talent: WISS
• Participant in the IGS
• Person writing up a Thesis
• Post graduate doctor or dentist
• Qualifying work permit holder
• Representative of an overseas newspaper, News Agency or Broadcasting organization
• Tier 4 Student
• Student/ student nurse
• Student Re-sitting an examination
• Student Union Sabbatical Officer

Please note that no one else is permitted to switch to Tier 2 (Minister of Religion) while remaining in the UK and has to seek entry clearance from the country of origin.
d) Tier 2 (Intra Company Transfer)
Nationals of non – EEA countries may apply to switch into Tier 2 (Intra Company Transfer) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:
Only those work permit holders who got entry clearance as an Intra company transferee
Please note that no one else is permitted to switch to Tier 2 (Intra Company Transfer) while remaining in the UK and has to seek entry clearance from the country of origin.
3. Switching Into Tier 5
a) Tier 5 (Youth Mobility)
No one is permitted to switch to Tier 5 (Youth Mobility) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin or where they have been legally residing for more than 6 months if the British Diplomatic post concerned is allowed to accept such applications.
b) Tier 5 (Creative & Sporting) Temporary Workers
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK. No one else is permitted to switch to this category while remaining in the UK.
c) Tier 5 (Religious Workers) Temporary Workers
No one is permitted to switch to Tier 5 (Religious Workers) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin.
d) Tier 5 (Charity Workers) Temporary Workers
No one is permitted to switch to Tier 5 (Charity workers) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin
e) Tier 5 (Govt. Authorized Exchange) Temporary Workers
No one is permitted to switch to Tier 5 (Govt. Authorized Exchange) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin
f) Tier 5 (International Agreements) Temporary Workers
No one is permitted to switch to Tier 5 (International Agreements) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin
Please note that switching into or out of Tier 5 (Temporary worker) or between subcategories of Tier 5 (Temporary worker) is not permitted.
4. Switching Into Tier 4 Student
Nationals of non – EEA countries may apply to switch into a student visa without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• Prospective Student/Student/Student nurse/Student Union Sabbatical Officer
• Student Re-sitting an examination  or writing up a thesis
• Work permit holder or Tier 2 migrant
• Tier 1 (Post Study Worker)
• Participant in the IGS
• Participant in the FT:WISS

Please note that NO one else is permitted to switch to the Tier 4 student category while remaining in the UK - that includes the dependants of the above mentioned.
5. Switching into Spouse Visa
a) Spouse of a person present & Settled in the UK
Any person (above 21 years of age) who has initially been given entry clearance or leave to remain in any capacity, for more than 6 months is able to switch to a spouse of a person present and settled in the UK (provided he is already married). If the marriage has not taken place yet, the migrant must have valid leave remaining of more than 3 months (having originally been given leave to remain / entry clearance of over 6 months) in order to seek permission to get married and then make an application to become a dependant of the settled spouse. The only exception to this rule is a person having a fiancé visa, who can switch to a spouse visa after getting married in the UK.
Please note that visitors (although they might have visa valid for more than 6 months) are given leave to enter / remain in the UK for only 6 months and they cannot therefore switch into spouse visa whilst remaining in the UK.
b) Spouse of a person having limited leave to remain in the UK (Tier 1, Tier 2, Tier 5 or some other leave allowing dependants to join the migrant)
Spouses of persons having limited leave to remain in some other category are not allowed switching to become a dependant on their spouses having limited leave to remain in the UK. They are required to seek entry clearance from outside the UK in order to enter and join their spouses.
However they can get married in the UK and for that both the parties to the marriage require permission from the UK Border Agency and therefore have to apply for certificates of approval (COA). They must have been given entry clearance / leave to remain for more than 6 months and should still have more than 3 months` valid leave at the time of the COA application. Although the marriage can take place in the UK, if the applicant is not able to switch status in the UK, he / she have to seek entry clearance from the British Diplomatic post in the country of origin.
c) Spouse (Family member) of an EEA national exercising his / her treaty rights in the UK
The switching rules regarding family members of EEA nationals exercising their treaty rights in the UK are more flexible, compared to family members of British citizens or of persons present and settled in the UK. In the light of the recent rulings of the appellate courts, there is no restriction on the non-EEA national of having any sort of leave to remain or entry clearance, to make such an application. People having visitors visas or even having no visa at all, can make an application to the UK Border Agency to obtain family member residence stamp or residence cards in line with the fact that they are married to an EEA national who is exercising EC treaty rights in the UK.
However, great care is required in making such applications, as they can be complex and time-consuming.

6. Switching into Unmarried Partner Visa
a) Unmarried Partner of a person present & Settled in the UK
Any person (above 21 years of age) who has resided for at least 2 years with a person present and settled in the UK in a relationship akin to marriage may apply for leave to remain in the UK as an unmarried partner. It is however necessary for that person to have had valid leave to remain in the UK throughout that time, if the relationship developed in the UK. There are also other relevant requirements inherent in this type of application that must be fulfilled and again it is advisable to seek professional advice when making this sort of application.
b) Unmarried Partners of a person having limited leave to remain in the UK (Tier 1, Tier 2, Tier 5 or some other leave allowing Unmarried Partners to join the migrant)
Unmarried partners of persons having limited leave to remain in some other category are not allowed switching to become a dependant on partners who have limited leave to remain in the UK. They are required to seek entry clearance from outside the UK to enter and join their partners.
c) Unmarried Partners of an EEA national exercising his / her treaty rights in the UK
Any person who has resided together (for minimum 2 years) with an EEA national exercising his / her treaty rights in the UK, in a relationship akin to marriage may apply for Family member residence stamp or residence card as an unmarried partner. The applicant should also have valid leave to remain but an application can still be made even if the applicant does not have a valid visa, depending on the circumstances of individuals. It is however, strongly advised to seek professional help in making such an application.
What services can we offer?
Switching (Moving) to another immigration category may be very straight forward and may also become very complex depending on the individual`s circumstances and the sponsor`s immigration status. It is therefore strongly advised to seek professional advice and services when seeking to change or vary one’s status inside the UK.

• We can advise on the procedure of making applications on behalf of our clients to switch to the desired immigration category.
• We can assess the applicant `s circumstances, the sponsor`s credentials and advise on the likelihood of getting the application approved.
• We can advise applicants on the documents/ evidence required for switching and settlement applications.
• We can lodge an appeal in cases of refusal of an application and represent our clients at the AIT.

Immigration Appeals
Immigration Appeals can be divided into two main categories:

• In country Appeals
• Out country Appeals

Similarly the immigration decisions can also be categorized as those attracting full rights of appeal and those giving limited rights of appeal. In case of full rights of appeal, the appellant can make use of all the grounds of appeal as provided by the Nationality, Immigration and Asylum Act 2002. While where a person has limited rights of appeal that means that they may appeal to an adjudicator on certain specified grounds.
The grounds are:

• Human rights - the decision is (or removal as a result would be) unlawful under the Human Rights Act, in that it is incompatible with the person's rights under the European Convention on Human Rights.
• Asylum - removal as a result of the decision would breach the UK's obligations under the Refugee Convention [this appeal ground is not available from abroad]
• Race discrimination - a public authority has unlawfully discriminated against the appellant.

In-Country Rights of Appeal - Law & Procedure
All non-settled persons residing in the UK (not EEA nationals) need to seek either an extension of leave to remain or variation of leave to remain in order to prolong their stay in this country, if they wish so.
It would be much easier to understand the various aspects of the in country appeals under the following headings:
1. Right of Appeal
There is a general rule given in section 82 of the Nationality, Immigration & Asylum Act 2002 stating that where an immigration decision is made in respect of a person he may appeal to the Tribunal.
An immigration decision is defined as:

1. Refusal of leave to enter the UK
2. Refusal of entry clearance
3. Refusal of certificate of entitlement under section 10 of the Nationality, Immigration and Asylum Act 2002
4. Refusal to vary a person`s leave to enter or remain in the UK if the result of the refusal is that the person has no leave to enter or remain
5. Variation of a person`s leave to enter or remain in the UK if when the variation takes effect the person has no leave to enter or remain
6. Revocation under section 76 of the Nationality, Immigration and Asylum Act 2002 of ILE/R in the UK
7. A decision that a person is to be removed from the UK by way of directions under section 10(1)(a), (b) or (c) of the Immigration & Asylum Act 1999 (removal of person unlawfully in the UK)
8. A decision that an illegal entrant is to be removed from the UK by way of directions under paragraphs 8 to 10 of schedule 2 to the Immigration Act 1971 (control of entry: removal)
9. A decision that a person is to be removed from the UK by way of directions given by virtue of paragraph 10A of that schedule (family)
10. A decision that a person is to be removed from the UK byway of directions under paragraph 12 (2) of Schedule 2 to the Immigration Act 1971 (seamen and aircrews)
11. A decision to make a deportation order under section 5(1) of that Act
12. A refusal to revoke a deportation order under section 5(2) of that Act

The above is a long list of circumstances when an appeal can be lodged against the immigration decision. Although in out country cases, an appeal can only be lodged while remaining outside the UK but in in-country cases, there are circumstances when the appellant is required to leave the UK to exercise his right of appeal. The application can only exercise his right of appeal while remaining in the UK, in cases referred in (C), (D), (E), (F) & (J) in the list provided above. While in the rest of the cases, the appellant is required to leave the UK and he can only exercise his right of appeal from outside the UK. Time of lodging the appeal would start running from the day the appellant leaves the country.
2. Time Limitations
The appellant has got 10 working days to lodge an appeal against the immigration decision, if he is not detained while he has 5 working days if he is detained. Time starts running from the day when the notice of immigration decision is served to the appellant and not from the date of refusal. The appellant can however apply for an extension of time limit if he has got some reasonable excuse for the delayed submission of appeal.
3. Grounds of Appeal
The appellant needs to give the reasons of making the appeal. This is quite important and it requires great expertise to draft the grounds of lodging the appeal. This is normally done by relating the information and circumstances of the appellant to the relevant requirements of the immigration rules or other laws and also referring to the judicial precedents. The appellant can make use of all or either of the following grounds of appeal in order to address the reasons of lodging the appeal more effectively:

• That the decision is wrong under the immigration rules, or discretion under the rules should have been exercised in the applicant`s favour.
• That the decision is discriminatory under the Race Relations Act 1976.
• That the decision breaches the applicants human rights
• That the removal from the UK as a result of this decision would breach the applicant`s human rights or the UK`s obligations to refugees
• That the decision breaches Treaty rights in respect of an EEA National or dependant
• That the decision is otherwise unlawful

 

4. Detailed Procedure
Whenever an immigration decision is made that leads to a right of appeal, the Home office informs the appellant(s) about his right of appeal and the time duration during which he may lodge an appeal against the immigration decision. This is a two-stage process:

1. Submission of Appeal

The appellant is required to submit the appeal from along with the relevant documents within 10 working days (if not detained) / 5 working days (if detained) from the service of the notice of the immigration decision. It should contain all the relevant information and documents and address all the issues raised by the Home office in the refusal letter. The Grounds of appeal section is a very important section of the appeal form and should be used to clearly and explicitly address all the relevant issues. More efforts should be put in making arrangements for the availability of appropriate documents that could assist in explaining the way that the appellant fulfils the necessary requisites of the immigration rules or other relevant policies.
When the Home office receives an appeal form, they review the refusal of the original application in conjunction with the grounds of appeal and the documents submitted with the appeal form. A more senior person reviews the whole case in the light of fresh documentary evidences and the grounds of appeal and makes his decision of either upholding the original decision or overturning the decision and granting leave to remain to the appellant. The process of appeal therefore stops when the appeal is being reviewed and the original decision is overturned resulting in the issuance of further leave to remain.
If the original decision is upheld, the appeal process does not stop and proceeds to a full court hearing in the UK. The appellant however has got option to request the appeal to be done without a court hearing on the basis of papers alone. The respondent (SSHD) prepares a bundle of documents for the Court hearing and sends it to the appellant and AIT for their information and necessary action. The bundle of documents includes:

• Brief notes of the Senior Caseworker regarding his decision of not overturning the original decision.
• Copy of the immigration application made to the Home office.
• Copies of the documents submitted with the original application.
• Copy of the notice of original immigration decision.
• Records of the checks made by the respondent (on behalf of SSHD) regarding the credibility of documents submitted with the original application.
• Copy of the appeal form.
• Copies of the documents submitted with the appeal form.
• Any other documents which are relevant to the specific case.

It is always open to the appellant either to go for a full court hearing or to request the AIT to decide on the basis of papers (bundle of documents) only.

2. Full Court Hearing

If the appellant decides to have his appeal heard before the Immigration Judge, he can either represent himself before the AIT or hire the services of a professional who can represent him in the AIT. But it is always advisable for the appellant to be present as well and give evidence in support of their appeal.
The appellant`s representative prepares the documents and provides a copy of the bundle to the AIT and the Home office Presenting unit within the prescribed time limitations and in accordance with the procedures. The presence of appellant is very important as the respondent also gets an opportunity to cross-examine the appellant while the appellant can explain the circumstances of his immigration matter in his own way.
The Court hearing results in a judicial determination of the decision of the respondent (SSHD) by an independent judge which can be challenged on point of law only, by the aggrieved party of the case. The scope of the appeal would be restricted and the parties would only be allowed to take up the legal issues involved in the case. The further leave to remain application therefore is in fact a starting point of the legal mechanism and might end up in higher courts of the UK. This is the reason that it is always advised to take professional advice and services before making any immigration application otherwise the cost and the time taken by getting a remedy could be very distressing for you!!
Out Country Rights of Appeal - Law & Procedure
Non-visa nationals are required to make an entry clearance application before making any arrangements of travelling to the UK. There are separate application forms available to apply for temporary and permanent immigration categories that require a distinct set of documents / information for specific immigration category. The applications are quite straightforward but certain cases require to be presented in a professional manner to avoid any disappointment.
In addition to that it is not necessary that the entry clearance officers makes a right decision every time, sometimes they do mistakes and refuse the entry clearance applications. There may be more than one reason for the refusal of entry clearance application e.g. non-provision of relevant documents that could have been provided at no extra cost or delay, lack of professional advice, confusion during the interview and the like. It would be easier to understand the various aspects of the appeal against the entry clearance refusals under the following headings:
1. Right of Appeal
Refusal of the most of the entry clearance applications triggers a right of appeal for the appellant. There is however, no right of appeal for either the applicant or dependants travelling with the applicant in the following cases:

• If the application is for a visit to the United Kingdom, other than a family visit. A family visit is a visit to the applicant`s one of the following relatives or relations in the UK:
• Applicant`s spouse, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or first cousin (son or daughter of his uncle or aunt)
• The father, mother, brother or sister of the applicant`s spouse;
• The spouse of the applicant`s son or daughter;
• The applicant`s stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister; and
• A person with whom the applicant has lived as a member of an unmarried couple for at least two of the three years before the day on which his application for entry clearance was made.
• If the application is to study in the United Kingdom for less than six months.
• If the application is to study in the United Kingdom but the applicant has NOT been accepted for any course.
• If the application is refused because the applicant does not have a document required under the immigration rules for example an original work permit in case of entry clearance application in line with a work permit.
• If the application is refused because the applicant does not qualify for entry clearance under the immigration rules because of age, nationality or citizenship.
• If the application is refused because the applicant wishes to stay longer than is allowed under the immigration rules.

2. Time Limitations
The appellant has got 28 calendar days to lodge an appeal against the decision of the entry clearance officer. Time starts running from the day that the refusal of the entry clearance application is served to the appellant and not from the date of refusal. The appellant can however apply for an extension of time limit if he has got some reasonable excuse for the delayed submission of appeal.
3. Grounds of Appeal
The appellant needs to give the reasons of making the appeal. This is quite important and it needs great expertise to draft the grounds of lodging the appeal. This is normally done by relating the information and circumstances of the appellant to the relevant requirements of the immigration rules or other laws. The appellant can make use of all or either of the following grounds of appeal in order to address the reasons of lodging the appeal more effectively:

• That the decision is wrong under the immigration rules, or discretion under the rules should have been exercised in the applicant`s favour.
• That the decision is discriminatory under the Race Relations Act 1976.
• That the decision breaches the applicants human rights.
• That the removal from the UK as a result of this decision would breach the applicant`s human rights or the UK`s obligations to refugees.
• That the decision breaches Treaty rights in respect of an EEA National or dependant.
• That the decision is otherwise unlawful.

4. Detailed Procedure
Whenever an entry clearance officer refuses an entry clearance application that leads to a right of appeal, they inform the appellant about their right of appeal and the time duration during which they need to lodge the appeal. This is a two-stage process:

1. Submission of Appeal

The appellant is required to submit the appeal from along with the relevant documents within 28 days from the service of the refusal letter. It should contain all the relevant information and documents and address all the issues raised by the entry clearance officer in the refusal letter. The Grounds of appeal section is a very important section of the appeal form and should to use to clearly and explicitly address all the relevant issues. More efforts should be put in making arrangements for the availability of appropriate documents that could assist in explaining the way that the appellant fulfils the necessary requisites of the immigration rules or other relevant policies.
When the British Diplomatic post receives an appeal form, they review the refusal of the entry clearance application in conjunction with the grounds of appeal and the documents submitted with the appeal form. A more senior person does a review and makes his decision of either upholding the ECO`s decision or overturning his decision and issuing entry clearance to the appellant. The process of appeal therefore stops when the appeal is being reviewed and the decision of the ECO is overturned resulting in the issuance of entry clearance to the appellant.
If the ECO`s decision is upheld, the appeal process does not stop and proceeds to a full court hearing in the UK. The appellant however has got option to request the appeal to be done without a court hearing on the basis of papers alone. The ECO prepares a bundle of documents for the Court hearing and sends it to the AIT for necessary action. The bundle of documents includes:

• Brief notes of the senior ECO or ECM regarding his decision of not overturning the ECO`s decision.
• Copy of the entry clearance application.
• Copies of the documents submitted with the entry clearance application.
• Interview notes taken by the Entry clearance officer.
• Copy of the refusal letter of the Entry clearance officer.
• Records of the checks made by the ECO or on behalf of the ECO regarding the credibility of documents submitted with the entry clearance application.
• Copy of the appeal form.
• Copies of the documents submitted with the appeal form.
• Any other documents which are relevant to the specific case.

It is always open to the appellant either to go for a full court hearing or to request the AIT to decide on the basis of papers (bundle of documents) only.

2. Full Court Hearing

If the appellant decides to have his appeal heard before the Adjudicator, he needs to appoint a representative who could represent him in the court proceedings. The appellant cannot possibly attend the Court hearing as he is outside the UK.
The appellant is allowed to submit more documents or information before the court and the Adjudicator considers the appeal in the light of the Bundle of documents submitted by both the parties and the submissions made by the appellant`s representative and by the presenting officer representing the ECO. The appellant`s representative is also allowed to use witnesses where relevant, to explain the genuineness of the case and the relevant circumstances and to give an opportunity of cross-examination of the witness to the presenting officer before the Court.
The Court hearing results in a judicial determination of the entry clearance officer`s decision by a judge which can be challenged on point of law only, by either of the parties of the case. The scope of the appeal would be restricted and the parties would only be allowed to take up the legal issues involved in the case. The entry clearance application therefore is in fact a starting point of the legal mechanism and might end up in higher courts of the UK. This is the reason that it is always advised to take professional advice and services before making any entry clearance application otherwise the cost and the time taken by getting a remedy could be very distressing for you!!

Permanent Residence
The following table gives full information on the qualifying periods for permanent residency/settlement in the various immigration categories, and whether certain categories can be combined to complete the required qualifying period and whether or not the Life in the UK test is necessary for applicants or not in each category.

	Immigration Category	Required period of stay in the UK	Categories that can be combined to complete the required qualifying period	Life in the UK Test
1	Work Permit Holder	5 years	HSMP, Writer, Composer, Artist and Self Employed lawyer	Yes
2	Highly Skilled Migrant	5 years	Work Permit and Innovator	Yes
3	Tier 1 (General)	5 years	HSMP, Work Permit, Innovator, Self employed lawyer, Writer, Composer & Artist, Tier 2	Yes
4	Tier 1 (Entrepreneur)	5 years	Business Person & Innovator	Yes
5	Tier 1 (Investor)	5 years	Investor	Yes
6	Tier 2	5 years	Member of Operational ground staff of overseas owned Airlines, Minister of Religion, Work permit, Representative of Overseas Newspaper etc., Tier 1 (except Tier 1 PSW) & Tier 2	Yes
7	Self Employed Lawyer	5 years	None	Yes
8	Innovator	5 years	None	Yes
9	Business Person	5 years	None	Yes
10	Investor	5 years	None	Yes
11	Writer	5 years	None	Yes
12	Composer	5 years	None	Yes
13	Artist	5 years	None	Yes
14	Ancestry Visa	5 years	None	Yes
15	Representatives of Overseas newspapers, News Agencies etc.	5 years	None	Yes
16	Sole Representatives	5 years	None	Yes
17	Oversees Govt. Employees	5 years	None	Yes
18	Domestic workers	5 years	None	Yes
19	Private servants in Diplomatic households	5 years	None	Yes
20	Minister of Religion	5 years	None	Yes
21	Airport based operation ground staff  of overseas owned Airlines	5 years	None	Yes
22	Retired Person of Independent means	5 years	None	No
23	Long Residence – legal	10 Years	All visas so long as the residence of the applicant remains continuous throughout	Yes
24	Long Residence – Illegal	14 Years	Not Applicable	Yes
25	Ghurkhas discharged from HM Forces	4 Years	None	Yes
26	Foreign / Commonwealth citizen discharged from HM Forces	4 Years	None	Yes
27	Refugee	5 Years	None	Yes
28	Discretionary Leave to remain	6 Years	None	Yes
29	Humanitarian Protection	3 Years	None	Yes
30	Spouses of persons present and settled in the UK	2 Years	None	Yes
31	Unmarried partners of persons present and settled in the UK	2 Years	None	Yes
32	Victim of Domestic Violence (Spouses / Unmarried partners of settled persons only)	No time mentioned	Not Applicable	No
33	Bereaved Partners (Spouses / unmarried partners of settled persons only)	No time mentioned	Not Applicable	No
34	Persons having right of access to their child	1 Year	None	Yes
35	Elderly Dependants	Not Applicable	Not Applicable	No
36	EEA nationals and their family members	5 years	Not Applicable	Yes

 

APPLYING FOR BRITISH CITIZENSHIP - NATURALISATION
An application for British citizenship is an important event in one's life that, if successful, will mean that an individual will no longer be subject to immigration control nor, in fact, would one continue to be subject to any requirement to reside either inside or outside the UK, hence enabling one to have complete freedom to live and work not only in the UK but anywhere within the ever-expanding European Economic Area (EEA).
There are two categories of applications that can be made i.e. naturalization as a British citizen on the basis of marriage to a British citizen and naturalization as a British citizen on the basis of five years’ legal residence in the UK. The former can be applied for after completing three years’ legal residence, whilst in the latter category one has to complete five years’ legal residence. There is one common requirement to both of these categories - that the last (minimum) 12 months of residence must have been spent free of immigration control i.e. with indefinite leave to remain/settlement or permanent residence, or with exemption from immigration control (as is the case with certain types of employees of international organizations, such as the Commonwealth Secretariat or the International Maritime Organisation).
There are a number of requirements that one has to fulfill in order to make a successful application for British citizenship:
1.     Minimum age of 18
2.     Sound Mind
3.     Intention to live in the UK
4.     Sufficient knowledge of English Language
5.     Sufficient knowledge of Life in the UK
6.     Good Character
7.     Residence requirements
8.     References
We shall now discuss each of the above requirements separately:

1. Age
Any person who wishes to naturalize must be 18 years or over on the date of application. Any person who is under 18 years of age cannot apply for naturalization - instead they would need to apply for registration as a British citizen, which is dependant not only on one’s birthplace but the status of one’s parents at the time of birth. This subject is discussed separately on our registration as a British citizen page, and in certain limited circumstances, even applicants over the age of 18 can be registered as British citizens, but please refer to the registration as a British citizen page aside.

2. Sound mind
Any person who wishes to naturalize must be of sound mind with an understanding of what one is undertaking in applying for naturalization and how it affects one’s rights and obligations. It is quite understandable that a person of unsound mind is not in a position to make any reasonable decision and hence cannot make or submit such an application. However there can be certain acceptable, compassionate circumstances in which this requirement can be waived.

3. Intention to live in the UK
The intention to live in the UK on a permanent basis is quite important as British Citizenship is only granted to applicants who intend to live in the UK. However, after being naturalized, it is not legally possible to maintain such a requirement, therefore this requirement is in place only whilst an application is pending – once the application is successfully completed, the requirement no longer pertains, and one is no longer constrained to live in the UK.

4. Sufficient knowledge of English language
This requirement has been introduced to help migrants integrate into society, which can only benefit the UK in the long term. It was found that some British Nationals are not very conversant in the English language, which can hinder them in terms of doing business, or seeking employment, and/or enjoying the other benefits of British citizenship.
There are exemptions in this regard for those who are under 18 and for those who are over 65 years of age.  Persons suffering from some physical or mental disability are also exempted from this requirement. But in order to claim this exemption one has to provide documentary evidence in confirmation.
Previously, applicants needed to take a language test or provide an educational qualification acquired from an English speaking country or from a non-English speaking country along with a certificate from the education provider, or a solicitor or notary public as to the proficiency in the English language of the applicant. Now the Life in the UK test (see section 5 below) is deemed to be sufficient to prove the applicant’s English language capability.

5. Sufficient knowledge of life in the UK
The Life in the UK test was introduced in 2007 as a way of satisfying the English language requirement. The UK Border Agency has provided a list of approved tests that fulfill these requirements i.e. successfully completing an ESOL (English for Speakers of other Languages) course which has Citizenship content or by taking a Knowledge of Life in the UK test at a designated test centre.

6. Good Character
The character of a person is an important issue and recent rule changes in this regard mean that the UK Border Agency now has very strict guidance in respect of the way in which criminal convictions affect one’s good character. Essentially, if a prison sentence has been served, or if a fine has been imposed by the Courts, in respect of a criminal offence, then the applicant will have to wait until the conviction becomes spent under the terms of the 1974 Rehabilitation of Offenders Act before being able to apply for British citizenship. Applicants are therefore required to disclose on the application form all information relating to character, including criminal convictions. The UK Border Agency conducts thorough checks on every application regarding the issue of character and can refuse an application entirely on this basis alone.

7. Residence requirements
For those who wish to apply on the basis of five years of legal residence, they are required to show that they have not been outside the UK for more than 450 days in the 5 year period (including no more than 90 days outside the UK in the 12 months preceding application).
For those who wish to apply on the basis of marriage to a British citizen, the requirement is to have spent no more than 270 days outside the UK over the three year residence period (again with no more than 90 days outside the UK in the 12 months preceding application). There are some exceptions to these rules and UKBA has wide-ranging discretion in this regard, particularly if there is a reasonable explanation for excess absences. For further guidance in this regard, please do not hesitate to contact us.

8. References
Each application must be accompanied by two references from British citizens known to the applicant for minimum three years. One of these references must be from a professional person such as a Doctor or Architect or Accountant or other person who belongs to a professional body (even an MP or a Minister of Religion or a qualified Teacher can act as a referee). There are, however, some general restrictions on who can act as a referee:

• must be a British Citizen
•  must be over 25 years of age
•  must be of sound mind
•  must not be related to the applicant
•  must not be related to the other referee
•  cannot be the applicant's solicitor or representative in relation to the naturalization application