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  • Can I renew an expired visa? Nov 30, 2017

    Can I renew an expired visa?

    Overstaying a visa is a criminal offence in the UK, though it is relatively common. One of the main queries is whether an expired visa can be renewed? In short, the answer is no. The Home Office has little tolerance for over stayers and pushes, where possible for forced removals of those who overstay their visa.

    The information below can help to highlight the difficulties and offer some solutions to the issues.

    Do I have any right of appeal?

    Unfortunately not. The Home Office allows up to 3 months before the expiration of a visa to apply for an extension or even a switch of visa. Though the main reason for overstaying is the expiration of tier 4 student visas of which the holders are unlikely to be able to extend.

    There has been a huge push to forcibly remove student visa over stayers and a crackdown on the educational establishments that have assisted them in breaking the law. That's why it is so important to ensure your status before it is too late. Don't forget that if you wish to return to the UK in the future, your immigration history is likely to be considered as part of the application process and a history of overstaying will not be well received.

    How can I avoid overstaying?

    The easiest way is to apply within the three months before expiration for an extension. Failing that, it is worth investigating whether you would be eligible to switch to an alternative visa. For instance, a tier 4 student finding a sponsor licence holder and trying to switch to a tier general migration visa. This is a common way to extend your stay in the country, though it does depend on finding employment with a sponsor licence holder.

    Can I be removed forcefully?

    Yes, it is possible for you to be forcibly removed from the UK if you have overstayed your visa and that is why it is vital that you do not do it if at all possible.

    If you have any worries on this score, then please get in touch and talk to us about your individual case, we may be able to come up with a solution for your current problem.

    Where can I look for advice?

    The Home Office website is full of good information on immigration. You can also get in touch with one of our immigration specialist lawyers who can provide you with tailored advice that is based on your individual circumstances.

    We also have many articles on our site which are helpful in providing you information about immigration law. These are provided to help people like you get the answers that you need.

    How we can help

    Our specialist immigration solicitors are well versed in immigration law and are able to come up with solutions to many immigration issues. Get in touch today to let us help you with your queries with regards to immigration.
  • Applying for visa EEA Residence Card after Application refusal with the Home Office? Oct 20, 2017

    Hello. I would like to ask you if you can help me with my immigration status. I have overstayed my visa and now I am in relationship with my partner an EEA national since July 2015. We gave notice to get married at our council and home office invited us for interview 2x. Due discrepancies in answers we were suspicious for entering marriage of convenience and I was in detention 2x for two months. My partner was subject to deportation as well and she objected home office by sending supporting documents. Now she must report herself every two weeks at HO. is there any help? Home office doesn’t want to give us permission to get married and I am anxious that I face deportation. Thanks very much


    I write further to your immigration enquiry.

    In order to qualify for an EEA Residence Card you will need to show that you are the family member of a qualified EEA national.

    The definition of a qualified EEA national are as follows-
    • · Worker
    • · Job-seeker (as a rule of thumb for 6 months)
    • · Self-employment
    • · Student (with comprehensive health insurance)
    • · Self-sufficient (with comprehensive health insurance)

    The definition of a family member (on the basis of a relationship) is that you are either married or in a durable relationship (this is traditionally shown by evidencing proof that you and your partner have lived together for 2 years but if this is not the case than to show that the circumstances of your relationship means it is genuine and subsisting).

    The fact that the Home Office have investigated your marriage and concluded that the proposed marriage was of convenience is not fatal or conclusive that your relationship is not genuine. However, the fact that the decision was made means that this will be adopted as the starting point in any future application.

    The best starting point in your case would be for your partner to become a qualified person (preferably not relying on being a job-seeker). Once this is established, we can then ascertain what the best approach would be for you to evidence that you are in fact the family member of an EEA national. Some suggestions are as follows-

    • You and your partner marry outside the United Kingdom and you can apply for an EEA Family Permit to re-enter the United Kingdom
    • You and your partner approach your local authority to register your notice of intention to marry again. This time, we can ensure that the correct documents and representations are in place for the Home Office to explain the previous interview as well as reasons why your marriage is a genuine one and not one simply of convenience or a ‘sham’ marriage.
    • Depending on your circumstances, it may be arguable that you qualify as the durable or extended family member of an EEA national.

    If you apply for an EEA Family Permit from outside the United Kingdom this will be submitted at the relevant Visa Application Centre. The estimated processing time for this application is 2 to 4 weeks. If granted, you will be given an EEA Family Permit for 6 months and thereafter you can apply for a Residence Card.

    If you are permitted to marry in the United Kingdom of if your circumstances means we can argue that you are the extended family member of an EEA national, you will not need to leave the United Kingdom. Should an application for an EEA Residence Card be granted, this Card will be valid for 5 years. So long as you remain the family member of a qualified EEA national for the 5 year period, you will be eligible to apply for Permanent Residence and which means that you will be free from immigration control. Thereafter (and after 12 months) you will be entitled to apply to naturalise as a British national.
  • Hiring International Student, Tier 4 Visa. Oct 19, 2017

    The process for employing staff on Tier 4 (student) visas adds a layer of responsibility on top of the usual checks that must be performed. The government has laid out a defined set of documents that must be checked in order to keep compliant with the relevant laws. The correct checking of eligibility means companies have a “statutory excuse” which prevents them from civil penalty or criminal prosecution.

    The statutory excuse is only in effect if companies have obtained the correct documentation for workers and retained the copies as laid out by the law.

    Why

    Tier 4 students visas come with strict criteria and unique restrictions that mean they can only work limited hours during the school year but can work without this limitation outside of term time. Students try to work to help fund their learning and can become very useful if your company requires flexible working practices from its workers.

    Benefit of employing students

    Students from abroad can bring a fresh perspective to a business and often a very useful set of fresh eyes. For companies that require flexibility and operate more unsociable hours generally tend to benefit from hiring students as they are more likely to be willing to work these shifts so that they can study and still earn money.

    Drawbacks

    Due to the transient nature of coming to the UK from abroad to study, you may often lose these staff at short notice due to needing to return home or to reduce their hours due to limitations on their visa. Also by virtue of the fact that they are on a study visa, it is likely that they will return to their country of origin at some point in the future, so companies are loathed to invest vast sums in training. This can be counterproductive as these staff will not be as well trained as the rest of your staff and this can cause friction and a potential hit on business if the poorly trained staff are in a customer facing role.

    In conclusion

    Employing staff from abroad can ultimately be very rewarding for a business but there can be drawbacks and these need to be accounted for in planning your staffing requirements and how you plan to hire for them. But don’t be unnecessarily put off as students can present the brightest and best potential employees due to their intelligence and potential. This potential should also be factored in as visas can be changed and in the right circumstance you could end up employing them full time.

    How we can help

    Our immigration solicitors are well placed to advise you in areas regarding visas and employing migrants. Our expert knowledge will provide a solution for all circumstances so if you need help or advice then get in touch today and see how we can help you in your business to harness the power of employing migrants.
  • Can you be Deported from the UK after Living for over 20 years? Oct 18, 2017

    The story of Irene Clenell who was deported to Singapore after living in the UK for 27 years serves as a cautionary tale for immigrants living in the UK. Even though she had been married to a British man for 27 years, Clenell was deported after an extended stay in Singapore to care for a relative. She lost her rights after staying in Singapore longer than the allowed period.

    Indefinite leave rules

    The case shows that even with indefinite leave to remain there can still be problems if you spend too long outside of the country. If you stay out of the country for more than 2 years you will no longer be eligible for indefinite leave to remain. There are exceptions to this circumstance such as having strong family ties to the UK, but if you are in any doubt then please get in touch.

    Tier 2 visa routes

    If you are on a tier 2 visa then you will need to keep within the rules for your visa, this is usually 180 days in a calendar year. Also, keep in mind that if you plan to apply for permanent residence then you can only have a maximum of 540 days outside of the UK in the qualifying 5 years.

    You will also need to bear in mind that if you are sponsored, your employer must keep a note of your holiday and that your absence must fall in line with the relevant rules.

    Tier 2 sponsors

    If your sponsored staff are planning on leaving the UK then you must keep records in accordance with your conditions. You will need to ensure that this is adhered to as UKBA officials are very suspicious of extended stays outside of the UK and although it isn’t your job to justify the absence, it is your responsibility to keep the appropriate records.

    When you are on one of the UK’s visa routes you must be careful to ensure that you maintain your records and not exceed your allowed breaks from the UK. The case of Irene Clenell brings into sharp focus that if you do not stick to the rules you face the risk of deportation to your country of origin. Even after a period of many years and in this case you have children and a husband, you can still be deported if you do not remain within the rules. As the UK tightens up its enforcement of immigration rules you need to ensure that you are compliant.

    How we can help

    Our specialist immigration lawyers are experienced in all manner of immigration law. We will have a solution to whatever issue you are facing. So if you have any immigration queries and need our help then get in touch and let us help you. Our specialists are ready and waiting to help, so what are you waiting for?
  • Can you be Deported from the UK after Living for over 20 years? Oct 18, 2017

    The story of Irene Clenell who was deported to Singapore after living in the UK for 27 years serves as a cautionary tale for immigrants living in the UK. Even though she had been married to a British man for 27 years, Clenell was deported after an extended stay in Singapore to care for a relative. She lost her rights after staying in Singapore longer than the allowed period.

    Indefinite leave rules

    The case shows that even with indefinite leave to remain there can still be problems if you spend too long outside of the country. If you stay out of the country for more than 2 years you will no longer be eligible for indefinite leave to remain. There are exceptions to this circumstance such as having strong family ties to the UK, but if you are in any doubt then please get in touch.

    Tier 2 visa routes

    If you are on a tier 2 visa then you will need to keep within the rules for your visa, this is usually 180 days in a calendar year. Also, keep in mind that if you plan to apply for permanent residence then you can only have a maximum of 540 days outside of the UK in the qualifying 5 years.

    You will also need to bear in mind that if you are sponsored, your employer must keep a note of your holiday and that your absence must fall in line with the relevant rules.

    Tier 2 sponsors

    If your sponsored staff are planning on leaving the UK then you must keep records in accordance with your conditions. You will need to ensure that this is adhered to as UKBA officials are very suspicious of extended stays outside of the UK and although it isn’t your job to justify the absence, it is your responsibility to keep the appropriate records.

    When you are on one of the UK’s visa routes you must be careful to ensure that you maintain your records and not exceed your allowed breaks from the UK. The case of Irene Clenell brings into sharp focus that if you do not stick to the rules you face the risk of deportation to your country of origin. Even after a period of many years and in this case you have children and a husband, you can still be deported if you do not remain within the rules. As the UK tightens up its enforcement of immigration rules you need to ensure that you are compliant.

    How we can help

    Our specialist immigration lawyers are experienced in all manner of immigration law. We will have a solution to whatever issue you are facing. So if you have any immigration queries and need our help then get in touch and let us help you. Our specialists are ready and waiting to help, so what are you waiting for?
  • The National Farmers' Union (NFU) warns Against Shortage of Workers. Oct 2, 2017

    The National Farmers' Union (NFU) has warned that the UK faces a shortage of workers if leaked government plans are put into place. The British newspaper The Guardian has published a draft of the post-Brexit immigration plan currently being worked on by the government. The plans include firms to show a so-called "economic need" for firms to hire staff from the European Union and that they were not able to employ staff from the local area. The NFU has claimed that the "entire food supply chain" could be under threat.

    New rules worries

    Many businesses that rely on immigrant workers are worried about what the future will bring to its industries. The government seems to lack a coherent plan and so far negotiations have not gone well with EU counterparts. It means that there may be a last minute rush for permanent residence applications as those who are currently eligible to live and work in the UK try to ensure their status long-term. This is likely to put the Home Office under a huge strain; the department is already facing a backlog due to a shortage of staff due to government forced budgetary cuts, the added pressure of processing potentially millions of applications means that the department may slow to a crawl under the pressure.

    Lack of a plan

    The government's lack of a coherent plan for the future of immigration post-Brexit means that there is still much to be concerned about for those with no certainty in their future immigration status. As parliament is also struggling to come to terms with the needs of the country there is little movement on the necessary immigration reform that will be needed to suit the country after March 2019. This offers little respite and permanent residence applications are sure to go through the roof.

    Permanent residence

    Whilst there is no certainty around the future, the best way for immigrants to protect themselves now is to claim for permanent residence. Claiming for this means that if granted the candidate will be granted indefinite leave to remain in the UK and is unlikely to be affected by any future changes to immigration law in the UK. This may be the best cure for those who are eligible (need to be in the country for 5 years).

    How we can help

    If you are eligible and are looking to take the next step in order to secure your status in the UK then get in touch. Our specialists can help to guide you through the application process and ensure that it is easy and as straight forward as possible. Let us take the strain and get you the best result possible. We can maximise your chances of a successful application so get in touch today and let us get started on securing your future in the UK.
  • European Tourism Association (ETOA) Survey find UK's Tier 2 Visa Process Difficult Sep 19, 2017

    A survey by the European Tourism Association (ETOA) has found that over 80% of their member companies find the UK's Tier 2 visa process "difficult to impossible". The news will come as little surprise to industry experts who have proffered the idea of changes to the Tier 2 visa for years. In the face of the impending withdrawal from the European Union, the UK has an uphill task to try and delicately manage its immigration needs without the open borders of the European Union. The business community is already concerned about the economic impact of "Brexit" and the failure to modernise Tier 2 is a big part of the problem.

    The ETOA found that many of its 100 member companies had avoided using the Tier 2 visa to bring in workers and 85% of the companies that had used the scheme rated is as "difficult to impossible". They also noted that many of its member companies were at least toying with the idea of relocating to the European Union to make staffing less of an issue going forward. This is a major concern to business leaders in the UK. Though tourism is likely to be one of the most affected industries it will be by no means the only one. Many in the financial services industry are considering moves to mainland Europe in order to continue to operate in the Union.

    The future

    The future remains unclear for immigration to the UK, but the current system does offer opportunities for those outside of the EU to live and work in the UK. Among these options is the Tier 2 visa, this allows people to come to the UK to live and work as long as they meet the eligibility criteria. Tier 2 is the best option for the majority of migrants to the UK and is by far the most popular visa route in the UK today.

    The UK long term


    Whilst there is some short term uncertainty (at least for EU citizens in the UK) the long term outlook for the UK is still good. A resilient economy coupled with a buoyant jobs market means that the UK will likely remain a destination of choice for many would-be immigrants for years to come. If you wish to join them then you may want to look at the Tier 2 visa scheme which allows foreign workers to enter the UK to live and work for a prescribed length of time.

    Tier 2

    If you are looking to bring in staff from outside the EU or indeed are a non-EU national looking to come and work in the UK then get in touch, we are experts at handling Tier 2 visa applications and can help with the complex process of application. Our knowledgeable team can help at any stage f the application process, even at the appeal stage so get in touch today to see what we can do for you.
    Marcus R. Barrett likes this.
  • Draft leaked to the government on future immigration Sep 12, 2017

    The National Farmers' Union (NFU) has warned that the UK faces a shortage of workers if leaked government plans are put into place. The British newspaper The Guardian has published a draft of the post-Brexit immigration plan currently being worked on by the government. The plans include firms to show a so-called "economic need" for firms to hire staff from the European Union and that they were not able to employ staff from the local area. The NFU has claimed that the "entire food supply chain" could be under threat.

    New rules worries

    Many businesses that rely on immigrant workers are worried about what the future will bring to its industries. The government seems to lack a coherent plan and so far negotiations have not gone well with EU counterparts. It means that there may be a last minute rush for permanent residence applications as those who are currently eligible to live and work in the UK try to ensure their status long-term. This is likely to put the Home Office under a huge strain; the department is already facing a backlog due to a shortage of staff due to government forced budgetary cuts, the added pressure of processing potentially millions of applications means that the department may slow to a crawl under the pressure.

    Lack of a plan

    The government's lack of a coherent plan for the future of immigration post-Brexit means that there is still much to be concerned about for those with no certainty in their future immigration status. As parliament is also struggling to come to terms with the needs of the country there is little movement on the necessary immigration reform that will be needed to suit the country after March 2019. This offers little respite and permanent residence applications are sure to go through the roof.

    Permanent residence

    Whilst there is no certainty around the future, the best way for immigrants to protect themselves now is to claim for permanent residence. Claiming for this means that if granted the candidate will be granted indefinite leave to remain in the UK and is unlikely to be affected by any future changes to immigration law in the UK. This may be the best cure for those who are eligible (need to be in the country for 5 years).

    How we can help

    If you are eligible and are looking to take the next step in order to secure your status in the UK then get in touch. Our specialists can help to guide you through the application process and ensure that it is easy and as straight forward as possible. Let us take the strain and get you the best result possible. We can maximise your chances of a successful application so get in touch today and let us get started on securing your future in the UK.

    Call us on 02037442797 or send us an email on [email protected]
  • Funding alternatives for the Tier 1 Entrepreneur visa route Sep 11, 2017

    The Tier 1 entrepreneur visa offers entrepreneurs with seed capital to move to the UK for up to 3 years and 4 months (extendable) in order to start a business or indeed to take over a “going concern”. This visa is among the most sought after in the UK due to its generous conditions but this does come at a cost.

    Seed funding

    The criteria set out means that you must have funding in place before applying, this is set as a way to potentially remove those who intend to use the system to try and buy their way in. This route is highly unlikely to work due to the careful nature with which the applications are assessed by officials. Getting this funding in place is vital to a successful application and by getting in touch with us we can advise which are the best avenues to follow in order to best show the funding of the business and thus the viability going forward.

    The new rules around seed funding also mean that an application can be strengthened by the winning of seed funding from institutions that back entrepreneurs and their business ideas. The benefit of this is that the applicant can make a good use of a growing market in the UK. Investors growing weary with poor returns and attracted by the potential for booming profits are looking to fund entrepreneurs with good viable business ideas, with this there is usually some form of mentoring and the use of this seed capital means that the applicant can show that proven investors also believe in their idea and as such it’s more likely to be successful which in the end can only help the application along.

    Capital investment

    The capital must be available to the business and depending on how it is made up, it will need to be accessible to the business so that it can begin to get to work as soon as the applicant moves to the UK. By being able to show a good level of funding the applicant is likely to be able to prove the viability of the business idea and that it has the right financial backing to make it a success.

    In conclusion, the Tier 1 entrepreneur visa offers an excellent opportunity for entrepreneurs with investors to move to the UK under favourable terms, this is a rare opportunity and the application process is fraught with potential problems. To minimise the potential problems you should consider bringing in an experienced law firm to assist with your Tier 1 entrepreneur visa application. With the right knowledge and experience, a firm such as ours can ensure that your application is as strong as possible and we can iron out any issues in the early stages of the application.

    To give yourself the best chance of success contact us on 02037442797 or send us an email on [email protected]. and see how we can help turn your dream into a reality.
  • UK Work Visa Sep 6, 2017

    If you're looking to move to the UK to work and are not based in the European Union, you will need to enter via a work visa. If you have skills that are needed in the UK then you can apply via the Tier 2 skilled visa route. As long as you can satisfy the necessary criteria as laid out for a maximum of 5 years and 4 months (this can be extended).

    The system allows companies to bring in staff from abroad as long as they can satisfy criteria on trying to source local talent first. It works by allocating points to the applicant based on a few different areas. The applicant requires 70 points made up from the following criteria;

    Having a valid Certificate of Sponsorship (CoS) -30

    Receiving an Appropriate Salary for the job in question - 20

    Meeting the English Language criteria - 10

    Having enough Maintenance funds - 10

    The criteria ensure that the applicant is a genuinely skilled worker. There are also criteria that a prospective employer will need to meet in order to offer you a role in the first place and provide you with a Certificate of Sponsorship, without this your application will be unsuccessful. There are also skill level requirements for the job that you will take on. All offered jobs will need to satisfy Regulated Qualifications Framework 6 or Framework 4 for certain occupations that have a shortage of workers.

    On top of the criteria above, you will need to earn the minimum salary of £20,800, this applies to so-called "new entrants" in general these are workers under 25 years of age though there are also other conditions that can make someone a "new entrant" such as a Certificate of Sponsorship that is less than 3 years. This salary requirement does rise for more experienced workers to £30,000. There is also a requirement for the applicant to have a good knowledge of the English language and will need to be qualified accordingly, the only exception to this is for workers from English majority speaking countries otherwise applicants will need to pass one of the approved courses such as IELTS.

    There is also the issue of Maintenance Funds which are required as either a condition of the employer guaranteeing that they will cover the 1st month of the applicant's stay in the UK or if the employer does not do this then the applicant having £945 available (must be proved by bank statements) for 90 days prior.

    The Tier 2 visa offers a genuine opportunity to work in the UK for those who have transferable skills. With lots of opportunity in a mature and diverse marketplace, working in the UK is desirable due to relatively high wages with a good standard of living and strong employment rights. It is no wonder that the visa system in the UK is one of the most desirable and sought after in the world. So why not take the plunge and start planning your move today!
  • Adopted sons of NHS specialist finally granted visas Aug 31, 2017

    The family's former solicitor, which the solicitor denied. They then stated that they had sent a letter to the couples home in Oregon, but that also never happened. In the end, it came down to an email from the contact at the Home Office that the couple had. It paints the Home Office in a poor light and shows that the bureaucracy in the department is severely affecting its effectiveness.

    The case has highlighted the issues that are currently surrounding the visa system in the UK. The case in question was riddled with inconsistencies as the Home Office appeared to not be in complete control of what was going on. But now at least the family can come to the UK to live and are just waiting for their passports to arrive at their home in the US. The issues were the adopted children as they were not the biological children of the couple. The couple was facing the option of having to leave their adopted children in the US, which of course was out of the question for them.

    The UK needs to recruit specialists to the NHS from around the world due to a lack of domestic talent in the medical sector, had the Home Office stuck to their guns, in this case, the NHS would have lost £20,000 plus the 9 months that it took to recruit him. Going forward the Home Office will need to do better in these situations in order to keep the UK one of the more attractive locations for medical staff to move to. If the government doesn't make these changes, then the NHS will continue to suffer from shortages of the skilled people that it desperately needs.

    See our Frequently Asked questions on Tier 2 visa applications.Our team of businessimmigration solicitors can advise you on how best to prepare a sponsor licence or Tier 2 visa application. We will advise you on all documents required to ensure a successful visa application. Contact us today if you will require professional advice. licence
  • Tier 1 investor Visa Jun 27, 2017

    The Tier 1 Investor visa is a route designed for the most affluent and high-net-worth individuals to enter and remain in the UK. This visa route is considered to be the most popular and least demanding when it comes to the requirements. The qualifying period for settlement depends on the amount invested:


    · £10 million allows you to apply for settlement in 2 years;

    · £5 million allows you to apply for settlement in 3 years;

    · £2 million allows you to apply for settlement in 5 years.


    From the 6th of November 2014, applicants will now need to have investment funds of at least £2 million. Previously under the old rules, it was £1 million and you had to “top up” the investment if it went below £1 million over the five years.


    Initial application

    * You must show that you have access to at least £2 million under your control in a regulated financial institution, which is disposable in the UK. Please note, you may rely on money that is owned either jointly with or solely by your husband, wife, civil partner, unmarried or same-sex partner; and

    * You have opened an account with a UK regulated bank for the purposes of investing not less than £2 million in the UK;

    * The money should be held in an appropriate bank account for 3 months prior to the application. If you have not held the funds for 3 consecutive months before the date of the application, you must also provide evidence of the source of funds. You can consider the following as types of evidence of the source of the funds:-

    i) gift
    ii) deeds of sale
    iii) a will
    iv) divorce settlement
    v) evidence from a business
    vi) award of winnings
    vii) other


    · From 1st September 2015, if you are applying for entry clearance as a Tier 1 (Investor) or an adult dependant (over 18 years old) of the main applicant in this route, you must provide an overseas criminal record certificate for any country you have resided in continuously for 12 months or more, in the 10 years prior to your application.

    · You must be at least 18 years of age.


    Things to be aware of before making the application:

    Entry Clearance Officers and UK Visas & Immigration caseworkers are being empowered to refuse a Tier 1 (Investor) application if they have reasonable grounds to believe that:


    · the applicant is not in control of the investment funds;

    · the funds were obtained unlawfully (or by means which would be unlawful if they happened in the UK); or

    · the character, conduct or associations of a party providing the funds mean that approving the application is not in the public interest.

    Note the the Tier 1 investor route is also a same day service application.

    How we can help


    Our business immigration lawyers can advise you on what documents you need to be able to lodge a successful Tier 1 investor visa. We have assisted a very high number of high net worth clients from China and the Middle East and we boast of a very high success rate.
  • SOLE REP OF AN OVERSEAS BUSINESS INDEFINITE LEAVE TO REMAIN Jun 16, 2017

    Indefinite Leave to Remain also known as the ILR, refers to the right to live, work and settle in the UK without restrictions on the length of stay. Under the Sole Representative of an Overseas Business route, sole reps who have remained in the UK are eligible to apply if they have continuously met all the requirements and conditions of their last leave whilst in employment with the parent company.


    Requirements for settlement


    You may be granted an indefinite Leave to remain if you meet the following requirements: –


    · Have resided in the UK for a continuous periods of five years under the Sole Representative of an Overseas business route;

    · Have been financially sufficient and stable for the past five years; not needing to depend on public funds.

    · You must be able to show that you have remained employed throughout the period. P60s for the past 5 years and payslips for the past 3 months may count as proof of employment.

    · You must be able to show that the parent company is still based overseas and still actively trading.

    · You must show that you (the sole rep) have established a branch or subsidiary and registered as a UK establishment or subsidiary and generated business.

    · Your employer would have to certify that you are still needed for the job in which you were granted your initial leave for and are paid higher or at the appropriate pay required for the job.

    · Can demonstrate knowledge of English language and life in the UK.

    It is important that the applicant is not in breach of any immigration rules throughout the period of their stay. Applicants must also be able to show that they will be working for the overseas company in which they represent.

    During the period of continuous stay, the sole rep must not live outside the UK for more than 180 days in each year.

    If your current leave to remain is as a representative of a news agency or broadcasting firm, you should be applying for settlement using the SET (O) application form. However, if your current leave to remain is as a sole representative of an overseas business, you will be applying using the SET (BUS) form.

    Sole Rep of an Overseas Business ILR Lawyers London

    We pride ourselves as a leading Sole Rep Visa law firm in London. Our high success rate to application submitted ratio gives us even more confidence in handling any type of Sole rep visa application. Be sure to take advantage of our free initial assessment over the phone to determine whether you meet the requirements to qualify or not.

    Should you need any further information or assistance regarding this application/category, please feel free to contact one of our immigration advisers on +44(0)20 3540 7770 or send us an email on [email protected]
  • Indefinite Leave to Remain under the Sole Rep of an Overseas Business route Jun 16, 2017

    It is important to note that both the sole rep and his/her dependent would be eligible to apply for an indefinite Leave to remain, having stayed in the UK for a continuous period of 5 years. It is advised that they are not in breach of any immigration rules and continue to meet the requirements as stated above.


    There have been questions as to whether or not the Sole Reps can act as agents in the UK. Please note that the sole rep must be fully engaged in establishing a wholly owned subsidiary or a branch on a full time basis in the UK. This automatically prevents them from acting on behalf of anyone else other than the parent company which is based overseas.


    Documents required


    Some of the documents required when applying for a leave under this route include:-


    · Photographs of yourself

    · Photographs of any dependants

    · applying

    · Passports

    · Travel documents

    · Biometric Residence Permits (BRP)

    · Police registration certificates

    · Bank statements

    · Building society savings books

    · Pay slips (Representative of an Overseas Business only)

    · Letter from employer (representative of an overseas business only)

    · Document(s) from Companies House (rep of an Overseas Business only)


    Please note that the application forms needed to make this application are as follows

    · For out-of country applications – UK – VAF2

    · In-country Extension applications – FLR (BUS)

    · Indefinite Leave to remain – SET (BUS)


    Who may apply with you
    You are allowed to apply with dependants (children under the age of 18), spouse, civil partner, unmarried or same-sex partner under this visa category.


    It is important to mention that you will also be required to pay the NHS Health Surcharge as part of your application. Once you have applied, you are allowed to remain in the UK until you have been given a decision. You may be eligible for settlement if you have spent at least 5 years under this category.


    Should you need any further information or assistance regarding the extension application for this route (Sole Representative of an overseas business extension), please feel free to contact one of our immigration advisers on 02037442797 or send us an email on [email protected]
  • Immigration Frequently Asked Questions and our Answers Jun 14, 2017

    Question 1

    Mr X currently holds a British National Overseas (BNO) passport and he was born somewhere in Asia. He has been studying and living in the UK for almost eight years and I would like to find out if he meets the requirements to apply under the 5 year rule to become a residence. Thank you.

    Our Answers

    To register under the 5 years rule, the following requirements must be met: -

    1. The applicant is within and not past the qualifying period required for residency, which is currently stated at 5 years.

    2. There must be verifiable evidence that you have been a residing in the United Kingdom for the 5 years before the date of your application.

    3. Throughout the duration of your stay in the UK (5 years), you must not have spent more than 450 days outside the UK.

    4. In any 1 year period, your absences must not exceed 90 days. This means that you must not have been outside the UK for more than 3 consecutive months.

    5. You must not have been an illegal immigrant during that period

    It is very important to note that the commencement of the 5 year period is from the date of your application. That is, 5 years from the date you submitted your application.

    Question 2

    My Short term study visa to the UK was refused by the UK Immigration authorities. I applied to do an English course in London. I want to find out whether it is better to reapply or appeal the decision. Also what documentation will be necessary for either of the steps? I need to speak with your immigration solicitors as I need help urgently.

    Our Answers

    To properly advice on this type of immigration matter, it is always best to find out the reason for the refusal in the first place. For example, if they are refusing your visa application because the institution you are applying to don’t have a sponsor licence, there may be no need to either reapply or appeal. They don’t have a licence to sponsor you. As simple as that.

    Generally, there are four reasons why the Home Office would normally refuse a student visa: -

    1. Failure to provide complete or appropriate documents

    2. Falling short of the financial requirements

    3. Incorrect document format

    4. Failing the genuine student interview

    It is always better to re-apply because generally the right of appeal is usually limited for short term study visa.

    If you need assistance with your immigration matter or have a question, please feel free to contact us from Monday to Friday between the hours of 9:00am and 5:30pm. We offer a free initial consultation over the phone, you are welcome to take advantage of that. Call us on 02037442797 or drop us an email on [email protected].

    If however you feel it is something you can and would like to attempt yourself, we strongly advice that you see proper guidance from the Home Office’ website here