All Articles: Applications
Immigration rules for visitors to the United Kingdom
Immigration rules for visitors travelling to the United Kingdom are frequently updated by the Home Office. Appendix V: Visitor has been in effect since 24 April 2015, following the codification of the Visitor route under the appendix system. As visito ...
24th September 2023Refugee family reunion: a user’s guide
This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for chi ...
7th September 2023What are the financial requirements for UK spouse and partner visas?
The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money only takes you so far: the income must come from a specific source, must be calculated in a certain way, ...
21st August 2023How to apply for a Senior or Specialist Worker visa
The Global Business Mobility Senior or Specialist Worker visa was previously known as the Intra-Company Transfer visa. In 2022, the route was rebranded and grouped together with four other temporary work visas now known as the Global Business Mobility ...
13th April 2023Exceptional circumstances in a spouse or partner visa application under Appendix FM
In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain. Under Appendix FM, the sponsor can be a British citizen, a settled person, a refugee, or someone with humanitarian protection, ...
5th April 2023“Upgrading” a visa application you have already made
Let’s say you made a normal application for settlement on the UK Ancestry route five months ago and you are still waiting for a decision. You receive word that a family member abroad is sick and you need to travel home urgently. There’s no option ...
4th January 2023How to apply for a Temporary Work – Creative Worker visa
What is a creative worker visa and why is this route useful? A Creative Worker is someone who can make a unique contribution to the country’s rich cultural life, for example, as an artist, dancer, musician or entertainer, or as a model contributing ...
21st September 2022Afghan evacuation litigation latest
This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot of the issues cross-over so rather than give you a detailed breakdown of each case, I’ll explore the Court of Appeal’s ...
24th August 2022How to apply for a UK domestic worker visa
There is a UK visa for overseas domestic workers, first introduced in 2002. Although the Immigration Rules do not define “domestic workers”, the route is typically used by nannies, cleaners, chauffeurs, cooks, personal carers and protectio ...
22nd February 2022Frontline carers are eligible for work permits from today: six things to bear in mind
From today, in positive news for the UK’s beleaguered social care sector, frontline care workers are on the Shortage Occupation List, making them eligible to apply for a Skilled Worker permit. This is a welcome eligibility expansion (previously limi ...
15th February 2022How to apply for an International Sportsperson visa
Yesterday brought about a new immigration route for international sportspeople aged 16 or over wishing to enter the UK. It is intended to create a simplified visa arrangement for elite and internationally established sportspeople and sports coaches. D ...
12th October 2021Briefing: to Zambrano or not to Zambrano?
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing s ...
22nd June 2021Dual EU/UK nationals can sponsor family members under the EU Settlement Scheme
In case C-165/16 Lounes, the Court of Justice of the European Union found that EU citizens who moved to the UK to exercise free movement rights and later naturalised as British (while also keeping their EU nationality) retain their free movement right ...
17th June 2021How to apply for a Skilled Worker sponsor licence
With EU free movement fading into memory, the main visa route available for non British and Irish nationals wanting to work in the UK is now the Skilled Worker visa. The Skilled Worker visa is a sponsorship system: a foreign worker cannot simply app ...
7th April 2021Five top tips on UK Investor visas
Building on CJ’s briefing on the Tier 1 (Investor) route last year, this article contains five top tips for the preparation of an Investor application. Before we begin, it is worth recalling the relevant Immigration Rules on entry clearance for Inve ...
25th January 2021Settlement as a Skilled Worker – what you need to know
Since 1 December 2020, migrants who would previously have applied for settlement in the UK (aka “indefinite leave to remain”) under the Tier 2 (General) route now need to apply under the new Skilled Worker route. In this article we explain ...
10th December 2020How to apply for a Skilled Worker visa
The Skilled Worker visa is the main work route under the Points Based Immigration System. It was introduced on 1 December 2020, replacing a visa called Tier 2 (General). Joanna has previously explained the legal requirements for this visa. For example ...
4th December 2020Building a case based on a child’s best interests: practical tips
“Forcing me to leave the UK will not be in my child’s best interests” is a phrase often used by parents seeking to remain in the UK. Enny Choudhury has written an excellent briefing note on the body of law behind the phrase and the Home Office ...
21st October 2020How to apply for a UK Ancestry visa
People from Commonwealth countries often ask whether they can get a British visa on the basis of their country’s historical ties to the UK. The answer is, generally speaking, “no”. But there is one route which is open only to, althou ...
10th September 2020Immigration application fee destitution policy found unlawful
The Upper Tribunal has found that the Home Office’s policy for waiving the immigration application fee for destitute immigrants — the fees can add up to thousands of pounds for a family — is unlawful and needs to be widened. The judg ...
21st May 2020How to apply for “settled status” for EU citizens
See this article on applying for settled status after the deadline, which was on 30 June 2021. On 31 January 2020 at 11pm, the United Kingdom left the European Union and entered a transition period, due to end on 31 December 2020. During this transiti ...
4th February 2020Tribunal blows hole in mandatory application process for EU law residence documents
In 2016 the Home Office embarked on an attempt to homogenise the application processes for immigration applications made under EU law and those made under UK law. The Upper Tribunal has confirmed in Rehman (EEA Regulations 2016 – specified evidence) ...
11th July 2019Big Home Office policy change: Zambrano carers need to make a human rights application first
On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental change of policy: potential Zambrano applicants must f ...
15th May 2019The absolute state of the UK visa application system
There is a growing furore about the poor state of our visa application processes, which seem to have hit an all time low. The application systems for getting a visa, extension, settlement or citizenship are now mostly online and outsourced. But far fr ...
2nd May 2019What are the UK Immigration Rules on statelessness?
People who do not have citizenship of any country in the world — the “stateless” — can get leave to remain in the UK because they have nowhere else to go. The criteria for this leave are found at Part 14 of the Immigration Rule ...
27th March 2019Family of four face removal for failing to tick box on visa application form
Invalid applications: in recent years, this has become one of the trickiest and dense parts of our immigration law. It’s one of my favourite areas because it’s so interesting and technical (as those of you who attended the Immigration Law Mastercl ...
13th November 2018The new UK in-country visa application system
On 2 November 2018, UK Visas and Immigration launched a new system for visa applications made within the UK. It involves an overhauled online application process and new Visa and Citizenship Application Service centres operated by outsourcing fir ...
12th November 2018How to apply for leave to remain as a bereaved partner
This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status a ...
11th October 2018How to apply for leave to remain as a victim of domestic violence
Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect men and women from any ethnic background and part of society. Migrants can be particularly vulnerable and unwilling to seek he ...
26th September 2018Visas for children under Appendix FM of the Immigration Rules
In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix FM. As we have seen in recent posts on the subject, Appendix FM (for “family members”) sets out the rul ...
25th September 2018How to apply for a visa as the parent of a child in the UK
The Immigration Rules permit parents living overseas, who have British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this catego ...
25th June 2018Six lessons from my spouse visa application
Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatica ...
23rd February 2018How to make a permanent residence application
The Brexit vote to leave the EU has caused huge anxiety amongst EU citizens and their family members living in the UK. The UK government continues to advise these citizens not to make applications for proof that they have the right to permanent resid ...
6th February 2018