FAQs: Miscellaneous subjects

Please note that the above questions and answers have been prepared from the emails, telephone calls and actual cases that we have dealt and have therefore not provided any names and addresses in order to keep client confidentiality.

Question:

I am a citizen of Uzbekistan, I reside in the UK on a Tier 5 Seasonal Worker visa. My visa is coming to an end, but I have a problem with money, due to which I am unable to purchase a return ticket to get to my country.

Who can I turn to for help with returning home?

Answer:

In the current situation like yours, the first thing we recommend is to contact the embassy or consulate of your country in the UK in order to receive the necessary assistance to get you delivered to your homeland.

In the event that the consulate or embassy of your country could not help you or refused to do so for any reason, then you can contact the department of the UK Home Office, which is responsible for helping foreigners return to their homeland - it is called the "Home Office Voluntary Returns Service"..

Question:

In light of the changes to the rules of 11 April 2024, what are the main requirements for applying for permanent residence based on 10-year long residence?

Answer:

Among the main requirements, we can highlight the following –

• The applicant must also have had permission on their current immigration route (for example, Skilled Worker visa, Student visa, Spouse visa, etc.) for at least 12 months on the date of application or have been exempt from immigration control within the 12 months immediately before the date of application. This requirement does not apply where the applicant’s current permission was granted before 11 April 2024.
• The limits of absences are the following:

• any single absences started before 11 April 2024 must be no longer than 184 days
• a 10-year period completed before 11 April 2024 must not have total absences of more than 548 days - for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit
• from 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period

Question:

Based on the new rules regarding permanent residence based on 10-year long residence, it turns out that if my 10 years of legal residence have already completed before 11 April 2024, then I should still adhere to the absence limit of 548 days?

Answer:

Yes, that's right. If your 10 years of legal residence actually ended before 11 April 2024, then you must meet the old immigration requirements as regards the 548 days absence limit.

Question:

And if the applicant makes an application for permanent residence on the basis of 10 years of residence from 11 April 2024, how exactly are 180 days of absence for 12 months counted – are they calendar days or something else?

Answer:

From 11 April 2024, the applicant must not have been outside the UK for more than 180 days during any 12-month period. In this case, the rules mean any consecutive 12 months, that is, not from 1 January to 31 December of each year, but for any 12-month period – for example, from 1 January of one year to 1 January of another year, from 15 January of one year to 15 January of another year, and so on.

Question:

I am a citizen of Kyrgyzstan and I am in the UK on a Tier 5 Seasonal Worker visa. My visa is still valid. I wanted to find out if I can visit any countries visa-free using my existing Tier 5 visa?

Answer:

By having a Tier 5 Seasonal Worker visa in the UK, unfortunately, you cannot visit any EU country without a visa. However, as part of the validity of your Tier 5 visa, you can visit the island of Jersey without a visa. This island is not a separate country as such, but is part of the British overseas territories.

Also, as a citizen of Kyrgyzstan, you can use your passport to visit a number of other world countries. But here we are talking specifically about the countries that you can visit on the basis of your Kyrgyz passport and on the basis of bilateral agreements concluded by other states with Kyrgyzstan on visa-free entry of citizens of this country as tourists.

However, the presence or absence of a Tier 5 Seasonal Worker visa in the UK, in this case, does not play any role.

Question:

My spouse visa application has been approved and valid until 10 September 2026, however, the newly issued BRP card is valid only until 31 December 2024. Does it mean that after 31 December 2024 I am going to be illegal in the UK?

Answer:

It is true that currently the end date on all Biometric Residence Permits is given as 31 December 2024. However, this does not change the fact that your permission to stay in the UK will last until 10 September 2026, as stipulated in your approval application letter. The BRP card itself expires on 31 December 2024 because, from 1 January 2025, BRP cards will not be needed to prove your immigration status – you will be able to prove your status online, without needing a BRP. Home Office will update your information in early 2024 on how to prove your immigration status online. For the time being you do not need to do anything, and your immigration status will not be affected anyhow.

Question:

What is meant by ‘Home Office Fees’?

Answer: 

Often, overseas visitors are under the impression that the Home Office Fee is the cost of getting a visa. Home Office fees are simply an application processing fee charged by the Home Office for processing your application. This fee is non-refundable and will be taken simply to consider your application regardless of the outcome and regardless of the fact whether it is granted or refused.

Question:

What is meant by ‘Immigration Health Surcharge fee’?

Answer:

You might need to pay a healthcare surcharge (called the ‘immigration health surcharge’ or IHS) as part of your immigration application. Whether you need to pay depends on the immigration status you’re applying for and generally payment is only required for visa applications lasting longer than 6 months.

Question:

I have provided inaccurate/false information/documents. What can/will happen?

Answer:

If the Home Office suspects that you have provided information/documents that is/are false or misleading, they have the power to enforce an automatic immigration ban of up to 10 years. This will prevent you from entering the UK and may have a significant negative impact on any other visa application made by you to travel anywhere else.

Question:

I have a criminal conviction – does this matter for immigration purposes?

Answer:

In short – yes. All convictions must be declared for immigration purposes. The Rehabilitation of Offenders Act 1974 does not afford any protections from disclosing full details of convictions on the application. This can be a challenging and complex area to deal with and it is highly recommend that professional advice is sought at the earliest opportunity.

Question

I am a citizen of Ukraine and I have a Ukrainian driving license. I recently received a visitor visa to visit the UK, and my friend, also a citizen of Ukraine, has a Tier 5 Seasonal Worker visa in the UK with a validity period of up to six months.

Will any of us be able to exchange our Ukrainian driving license for a British one without passing tests and exams?

Answer

Due to the changes implemented in 2021, it is now allowed to exchange Ukrainian driving licenses for British ones without passing any tests and exams.

However, in order to change Ukrainian driving licenses to British ones, the owner of Ukrainian driving license must permanently and legally reside in the UK for at least 185 calendar days per year and have a long-term residence permit.

In view of this, whilst having a UK visitor visa you will not be able to exchange your Ukrainian driving license for the British one, since you cannot permanently reside in the UK on a visitor visa basis. And also your friend will not be able to exchange his driving license either, since a Tier 5 Seasonal Worker visa is issued for up to six months, which is a maximum of 180 calendar days in the country, out of 185 required days.

Question:

My son had a student visa valid for 2 years, the financial sponsors were his parents, but in November his visa ended, he was admitted to the university in England to continue his education. His studies begin in February, he already has a CAS, applied for a new student visa, this time the sponsor is a Swiss commercial company with a good annual turnover, where the son will go to work after graduation. Will this be a problem for obtaining a new student visa?

Answer:

For your son to receive a new student visa, the main thing is that he would meet all the relevant immigration requirements for this visa category.

The fact that after graduation your son will go to work for a Swiss company does not in any way affect the success of his obtaining a student visa now.

Also, if a British university has checked and issued your son with a new CAS, then as a rule this means that all the requirements have been met and the university has checked the financial side as regards the financing of your son's further education.

Question:

I was granted three years leave to enter as the sole representative of an overseas business and I now need to extend my stay in the UK.  What do I need to show?

Answer:

Your employer will need to certify that you are still required for employment as their sole representative.  You will also need to show that the parent company’s headquarters and principal place of business is still overseas, that you have established a registered branch or subsidiary of the parent company in the UK and that you are employed full-time in managing the UK branch.  The UK Home Office will expect to see evidence that the UK branch has generated business in the UK in the form of accounts, copies of invoices or letters from firms with whom the company has done business.  Also, you will need to show adequate maintenance and accommodation.

Question:

I have been residing in the UK for about 10 years now and would like to know how to obtain ILR on the basis of 10 years continuous  lawful residence in the UK.

Answer:

In order to make an ILR application on the basis of 10 years’ continuous lawful residence in the UK, you must establish that all your 10 years of stay were legal and continuous with no breaks of more than 6 months.  You also have to show that you were not outside the UK for more than 548 days in total over the 10 years. You will also need to do Life in the UK test. If you contact us we can examine your passports and advise you whether you qualify or not – if you do we can then inform you as to the documentation and procedure involved.

Question:

I came to the UK on a spouse visa together with my 7 years old son (from my previous marriage) but unfortunately my marriage did not work very well. My husband is an alcoholic and he used to beat me every day over trivial things. I reported him to the police and am residing at accommodation provided by the Social Services. My husband has commenced divorce proceedings and is threatening to get me and my child deported from the UK. I am very worried. Can I do something to stay in the UK?

Answer:

Yes. You can apply for Indefinite Leave to Remain (ILR) on the basis of domestic violence. It does not matter whether you have completed your 2 years’ probationary period on your spouse visa or not, and you also do not need to pass the Life in the UK test or English Language test to apply for settlement. We strongly advise that you seek professional advice in making this application as there is a lot of documentation required. Your son would also be granted ILR in line with you if your application is successful.  Once you have ILR, you can then apply for naturalization after a total of five years’ residence in the UK provided you fulfil certain other requirements as well.

Question:

I am a British/Pakistani Citizen and have been residing in the UK for 6 years. I regularly go to my home country every two to three months and stay at my parents` house there. I bear all the expenses of the maintenance and accommodation of my parents there. I have also employed two domestic servants for my parents in my home country who have been working there for two and a half years. Is it possible for me to bring one of the domestic workers here in the UK to work in my house in the UK?

Answer:

Yes. It is possible but it requires a large amount of supporting documentation to be prepared. For example, it would be necessary to show payslips, bank statements and contracts of employment to confirm that they have worked at your parents’ residence for the last 12 months. You would also have to show proof of your status in the UK and your need for them to work for you in the UK. We advise that you contact us to arrange a consultation so that we can go through the fees, procedure and documentation involved with you.

Question:

My overseas employer has appointed me sole representative of their proposed company in the UK. My role would be to open the UK company in London. In addition to this role, can I do any part-time job? If my overseas employer withdraws the position, can I switch to any other employment-related visa whilst in the UK?

Answer:

If you are on a sole representative visa, you are not allowed to do any part-time job whatsoever as you are only allowed to work as the sole representative of the overseas company.  And if you employer withdraws the job you would not have any right to remain in the UK unless you had a claim for being an unmarried partner or family member of a British national or any other permitted category.

Question:

I have been refused a visit visa from the British Embassy last year and now would like to apply for a Student visa. Would my previous refusal have any effect on my fresh visa application?

Answer: 

It depends on the refusal of your previous application. If it was because of using fraudulent documents or attempting to deceive the Entry Clearance Officer, then it might affect your student visa application as well. Under paragraph 320 (7B) of the Immigration Rules, you can be banned from re-entering the UK for a certain period if it is found that you have used deception in a previous application (irrespective of whether the application was successful or not). The only exception to this is if the application involving deception was made more than 10 years ago (or if you were applying in a close family member capacity).  If your previous refusal was not related to deception or some other breach of the Immigration Rules, provided your next application meets the requirements in place for that particular category, there should be no reason why it would be refused on the basis of the last application. It would be advisable though to take proper advice before making the next application so that you can ensure that you make a good application supported by the right paperwork, etc.

Question:

I came to the UK as a visitor in 2012 and got married to a British Citizen in 2014 and made an application to the Home Office for a spouse visa.  The Home Office took three years to consider my application and finally gave me a visa outside the immigration rules for 2.5 years. When can I apply for Indefinite Leave to Remain in the UK?

Answer:

Please note that the Home Office did not issue you a spouse visa on the basis of your marriage with a British citizen.  They have given you a discretionary leave on the basis of your family life in the UK pursuant to Article 8 of the European Convention on Human Rights (the right to respect for private/family life).  You will therefore be required to apply three more times for a further 2.5 years’ discretionary leave before the completion of the current leave and then at the end of a total of 10 years, you can apply for ILR in the UK. The reason that they have given you discretionary leave is that you did not have a valid visa at the time of your original spouse application made inside the UK.

Question:

I am from Ukraine and married an EEA national who has been working in the UK since 2019. I married in September 2019 and entered the UK on an EEA Family Permit and was later granted an EEA Pre-Settled Status.  My husband has become quite abusive and has physically assaulted me so I have left him. Can I apply for settlement on the basis of domestic violence?

Answer:

If you were married to a British citizen or a person present and settled in the UK, then you could apply for settlement (ILR) on the basis of domestic violence. Spouses of EEA nationals can also seek a remedy (apply to retain a right of residence) on the basis of being a victim of domestic violence but there are some requisites that you need to comply with, which are:

• The marriage must have lasted for more than three years
• You must have resided with your EEA national for at least 1 year out of those three years in the UK
• Your EEA spouse must be exercising his treaty rights in the UK
• There must be some evidence of the occurrence of the domestic violence
• You must qualify as a worker or as a self-employed person to establish that you would not become a burden on public funds
• The domestic violence must be the reason of the breakdown of marriage and divorce proceedings must have concluded.

You are not yet divorced and you cannot yet therefore make any application on this basis.  You should consider either starting divorce proceedings as soon as possible or, if your husband is still working (or otherwise exercising his Treaty Rights), you could wait until you have completed five years’ continuous residence in the UK and the apply for a permanent right of residence under the new EU Settlement Scheme.  You do not have to be living with your husband in order to to qualify but you will need to provide evidence of his work throughout the five years and this could prove very difficult if you are not on good terms with your husband.

Question:

I have been waiting for the outcome of my Student visa extension application for more than 8 months now. Every time I phone the UK Home Office I am told that it is still under consideration. I have now completed the course that I applied for the extension for. What should I do now?

Answer:

Eight months is a long time for the UK Home Office to consider a Student visa extension application. You could continue your studies and then make a further application for leave to remain as a Student for the next course.  If you do not wish to stay in the UK any longer then you will have to withdraw your undecided application and leave the UK within 14 days of receiving your passport, otherwise you will technically become an overstayer and this could seriously jeopardize any future UK visa application you might make.

Question:

My child and I live in the city of Berlin, my daughter's British passport expires in a year and it was issued for 5 years in the UK. My daughter was born in London, she has British citizenship and Russian citizenship, just like me. Where can I apply for a new British passport for my child? Is it possible to do this through the British Embassy in Berlin? Or only by coming to the UK itself?

Answer:

Since your daughter is already a British citizen and has a British passport, she can also apply for a new British passport in Germany through the British Visa Application Center in Berlin. To apply for a new British passport, your daughter shall not have to come to the UK and apply for a passport from inside the UK.

Question:

My Student visa expires on 29 December 2021 but my new study course starts on 1 February 2022. I really hope to extend my Student visa in the UK. Can I make an application for extension of my Student visa inside the UK before my current visa expires?

Answer:

By the current immigration rules you can apply for extension of your Student visa three months prior to commencement of your new study course. And you can do so from inside the UK. 

Therefore, you will be able to apply for extension of your Student visa inside the country in December this year because it is less than 3 months until the beginning of your new study course on 01 February. 

Question:

Can I return to the UK with an old BRP visa card if I have received a letter from the Home Office that my new visa application, which I submitted earlier, has been successfully approved, but the new BRP visa card has not yet been sent. Please tell me how to act correctly to avoid any issues.

Answer:

As we understand it, you applied for a new visa previously from inside the UK, and then without waiting for a decision on the given visa application and without waiting for a new BRP visa card to be issued, you departed from the UK for personal reasons.

According to the current immigration rules, it is formally prohibited for an applicant to leave the UK if a visa application has been submitted from within the country, but no decision has actually been made yet.

In view of this, you can try to return back to the UK, but indeed you may be asked questions at the UK border by the border officials of the British Border Service as to why you did not stay in the UK and instead left the country prematurely, and this conversation may drag on.

To avoid a potentially inconvenient situation at the border with British border officials, you can wait until the Home Office sends you a new BRP visa card and you may ask your trusted person, who lives in the UK, to pick up the new BRP card from the address where the Home Office will send your new BRP card to, and then your trusted person will send you a new BRP card by fast mail service to the country where you are currently staying (for example, via DHL or FedEx courier service).

In this case, you will be able to return back to the UK with a new BRP visa card without any further issues.