All Articles: Applications

Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect people from any background and part of society. Migrants can be particularly vulnerable and unwilling to seek help because of their precarious status in the UK. This article looks at in country...

15th February 2024
BY Nicholas Webb

A visit visa is a visa allowing a person to visit the United Kingdom for up to six months at a time, during which time they are not allowed to work. Visa nationals have to apply for and be granted a visit visa before they travel otherwise they will automatically...

24th September 2023
BY colinyeo

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 children and partners who existed at the time the refugee fled their country of origin. These...

7th September 2023
BY Colin Yeo

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, and specified evidence must be...

21st August 2023
BY Jack Freeland

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 routes. You can find them in the immigration rules under Appendix...

13th April 2023
BY Pip Hague

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, limited leave under Appendix EU, Appendix...

5th April 2023
BY Gabriella Bettiga

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 for retroactively upgrading the outstanding...

4th January 2023
BY Alex Piletska

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 to the fashion industry. The Creative Worker...

21st September 2022
BY Pip Hague

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 decision in S & AZ first...

24th August 2022
BY Bilaal Shabbir

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 protection staff.  The domestic worker route has undergone a number of changes over the years,...

22nd February 2022
BY Nichola Carter

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 limited to care roles with senior or managerial elements) but there are...

15th February 2022
BY Gemma Hyslop

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. Does it achieve this? Yes, insofar as we no longer need to consult...

12th October 2021
BY Glyn Lloyd

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 so — but also some pitfalls and potential issues to...

22nd June 2021
BY Nath Gbikpi

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 rights, even after naturalisation. This is particularly helpful for...

17th June 2021
BY Zahira Patel

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 apply for this visa unaided. Applicants need...

7th April 2021
BY Joanna Hunt

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 Investors. Table 7 of Appendix A to the Immigration Rules...

25th January 2021
BY Jack Freeland

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 the requirements for settlement as a Skilled Worker and...

10th December 2020
BY Zeena Luchowa

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, the role must have a skill level of at...

4th December 2020
BY Nichola Carter

“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’s duty to consider...

21st October 2020
BY John Vassiliou

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, although not to all, Commonwealth nationals: the UK Ancestry visa....

10th September 2020
BY Nath Gbikpi

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 judgment is R (Dzineku-Liggison & Ors) v Secretary of...

21st May 2020
BY Colin Yeo

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 transition period, Europeans can continue to...

4th February 2020
BY Nath Gbikpi

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) [2019] UKUT 195 (IAC) that there are limits to how...

11th July 2019
BY Iain Halliday

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 first make a human rights application under British immigration law. In other words,...

15th May 2019
BY Nath Gbikpi

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 from becoming more efficient, there is growing evidence...

2nd May 2019
BY Darren Stevenson

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 Rules. The Home Office also has...

27th March 2019
BY Nath Gbikpi

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 Masterclass Conference will know!). You might ask what the big...

13th November 2018
BY Bilaal Shabbir

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 firms Sopra Steria. The first centre opened on 9 November. Premium Service Centres will...

12th November 2018
BY Nath Gbikpi

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 as a partner is...

11th October 2018
BY Nicholas Webb

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 rules for non-EU citizens who want to...

25th September 2018
BY Nick Nason

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 category must meet in order...

25th June 2018
BY Nick Nason

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 sabbatical abroad, I would worry about things like whether I...

23rd February 2018
BY Anon

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 residence under EU law. It is asking them...

6th February 2018
BY Colin Yeo

Brexit is causing significant delays in the processing of EU free movement documentation applications. In normal times, before the Brexit vote on 23 June 2016, an EU national could expect a permanent residence certificate to be issued in about 6 weeks and a family member about 4 months or so. The...

22nd February 2017
BY Colin Yeo

Short answer: yes, at least for now. Long answer… From 1 February 2017 it seems likely that it will be mandatory to use the official application forms for EEA residence document applications, either online or on paper, that are provided by the Home Office. This is a new requirement introduced...

23rd January 2017
BY colinyeo

EU citizens wanting to apply for proof of their right of permanent residence in the UK currently have to cut through spools of red tape. The unnecessary bureaucracy defeats some, who are wrongly being told by the Home Office that they must leave the UK after years and years of lawful residence. It...

18th January 2017
BY Colin Yeo

Venerable Form FLR(O) is no more and has been withdrawn with effect from today, 1 December 2016. It has been replaced by two new forms: 1. FLR(HRO) broadly for applications outside the Immigration Rules based on human rights: discretionary leave (DL) if you have previously been granted DL but have not...

1st December 2016
BY Colin Yeo

The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of what the permanent residence application service looks like with some commentary which I hope...

4th October 2016
BY Colin Yeo

I recently made a partially successful Freedom of Information request on waiting times for different types of EEA residence documents. The information for the whole of 2015 taken as an average was released but not more recent information on current waiting times in 2016. The waiting times were as follows:...

23rd March 2016
BY Colin Yeo

UPDATE: for the fees for 2017-18 see here. The Home Office first proposed and is now going ahead with a massive 25% increase in already high immigration application fees for families for the year 2016-17. The changes will be implemented on 18 March 2016 rather than the usual date of 6 April. Family and...

2nd March 2016
BY Colin Yeo
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