INDIVIDUALS WISH TO MIGRATE TO THE UK
There are number of categories in UK immigration law under which you may qualify to enter the UK and eventually settle in the UK. Whilst you can submit your own application for entry clearance to the UK or an in-country application to the Home Office however, the law relating to such visas has become extremely complex and burdensome. Due to the complexity of these visas, it is prudent to seek expert legal advice at the earliest opportunity for strategic planning and guidance. Just Law Solicitors will advise you in your given circumstances as to what documents you would be required to submit in support of your application for entry clearance or in country application for further leave to remain to ensure success of your application.
If you are engaged to be married, you may not want to wait until you are married to apply for a spouse visa. The requirements for a fiance visa are almost identical to the spouse visa requirements. Unlike most other visas of its kind, there is no requirement that the applicant and the sponsor have lived together before applying. You will have 6 months before you must get married, at which time you can switch your fiance visa to a spouse visa.
Marriage / Spouse Visa
Non-European nationals who are family members (i.e. husbands, wives, fiancés, fiancées, unmarried partners and civil partners) of either a person who is “settled” in the UK or a British citizen, can apply for a visa based on their relationship. Once obtained, you are eligible to work and study without the need for an employment or business visa. You must be 18 years of age and legally married with the intention to live together permanently. Your sponsoring partner (spouse) must earn more than £18,600 annually and/or you or your partner must have enough money to support yourself without claiming public funds. You will also need to satisfy English language requirements unless you are eligible to be exempt from the English language requirement. Our highly qualified immigration solicitors will assist you in obtaining your spouse or marriage related visa.
Tier 4 Visa – UK Individual Immigration
TIER 4 GENERAL FOR PHDS
Tier 4 Doctorate Extension Ph.D. visas help to bridge the gap between completing your Ph.D. and finding employment in the UK under Tier 1 or 2. You must be sponsored by an eligible University and must apply within 60 days of obtaining your degree. This will grant you 12 months to achieve your employment (such as a medical internship) or entrepreneurial goals. This provides the opportunity for more work experience before returning to your home country, or the time required to launch a new business in the UK with the applicable business visa.
TIER 4 CHILD VISA
Children between the ages of 4 and 17 years of age, who plan to study at an independent school in the UK must apply for a Tier 4 Child visa. have a place on a course, have the consent of your parent or guardian and have enough money to cover your course fees and living costs. Depending on the length of your studies, you can arrive either 1 week or 1 month before your schooling begins—and remain up to 4 months afterward. Visa process time varies from country to country depending upon the country of your nationality.
PARENTS OF A TIER 4 CHILD VISA
Some parents will send their child to school on a Tier 4 child visa independently, but some plan on coming with their child. If the parents wish to accompany a child, they will need to apply for a parent’s visa. The Immigration Rules do not place any restriction on the number of times an individual can be granted leave as the Parent of a Tier 4 (child) student. Provided that they continue to meet the requirements of this route they can continue to be granted periods of 12 months until the Tier 4 (child) student’s 12th birthday. To be eligible students must attend an independent fee-based day school. Where they have more than one child studying in the UK they can provide details of either child in their application in order to meet the requirements of the Rules. Where they were originally granted leave on the basis of their eldest child and that child has now reached 12, they can apply for further leave on the basis of their younger child.
Applying as the parent of a child in the UK
A lone parent can apply for leave to enter or remain on the basis of their family life with a British or settled child who is living in the UK. Only single parents can make this application – a parent who is still in a relationship with the other parent must apply as a partner. The parent applying can be a stepfather, stepmother or adoptive parent. However, they must have sole parental responsibility, or be normally living with the child, or they must have direct contact with the child.
The most important requirement to be met by the parent is the active relationship that they have with a child. However, to be eligible in this category, the applicant parent must also prove that they are able to adequately provide maintenance and accommodation for themselves, the child, and any other children that they care for.
Applying as the child of a settled parent
A child can apply for status in the UK because he/ she has at least one British or settled parent living in the UK. If outside the country, a child can apply for indefinite leave to enter. If inside the country, a child can apply for indefinite leave to remain under the same circumstances.The parent(s) must be present and settled in the UK or must be being admitted to the UK for settlement. The child should be under 18 and should not be living an independent life. The child must also be able to be adequately financially maintained and accommodated by the parent, without recourse to public funds.However, where the child’s parents are separated, there are additional considerations. If one of the parents is outside of the UK, the child would only succeed in such an application if the settled parent in the UK had sole responsibility for the child or there were “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.” A parent who wishes to apply for his/ her child under this category would have to show the role, or lack of role, the non-UK parent played in the child’s life and why they did/do not exercise responsibility.
UK Visit Visas
There are number of categories under which you can come to the UK for up to 6 months, such as, tourist, medical visitor, academic visitor, sports visitor, child visitor and Approved Destination Scheme. There are a number of specific requirements for each category and immigration rules are of complex nature. Our solicitors can go through with you in order to make an application on your behalf and advise you what supporting documents you would require.
Tier 1 (Investor) visas
You can apply for Tier 1 (Investor) visa if you want to invest £2 million, £5 million, or 10 million. In case of £2 million investment you would be issued a visa for a maximum of 3 years and 4 months. Once you are in the UK you can apply to extend your visa for another 2 years. After 5 years you would be entitled to apply for settlement provided you meet the requirement of the immigration rules at the time of making an application for settlement.
Tier 1 (Entrepreneur) visas
Tier 1 (Entrepreneur) visas is available to those individuals seeking an entitlement to reside in the UK based on UK-based business activity and investment of at least £200000. 00 into the company. The £200,000.00 can be your own funds or third party funding. The funds in this category takes into consideration any funds already invested in the UK either by the Applicant or by the third party.