Showing posts with label Dependents of Tier 1 Entrepreneur Migrant. Show all posts
Showing posts with label Dependents of Tier 1 Entrepreneur Migrant. Show all posts

Wednesday, 22 August 2012

British High Commission playing foul

There have been instances when an application for dependant visa is made and refused by the Entry Clearance officer or Visa officer, ECO for a reason which is not satisfactory with a right of appeal.

The applicant exercises the right of appeal at the First Tier court (AIT) in the UK.
The appeal is allowed (Won by the applicant) by the respected Tribunal.
The letter of allowed appeal is received by the applicant in his home country but, the british high commission goes on to claim that the notice of service has not been received at their end from the AIT. Until they receive they cannot request for the passport from the applicant, for the visa which is insane.

AIT, shoots two copies of the outcome, one to the applicant or his/her representative and another to the diplomatic post the applicant applied to. Even if the decision is challenged by the ECO the decision is sent out to the applicant. In most cases the ECO's do not tend to do that once the respected tribunal has announced their decision unless they think there has been an error of law whilst hearing the appeal.
This process of not requesting the passport for stamping takes sometime more than a couple of weeks and in some cases it has take just a week before the principal applicants visa is expiring. The ECO requests the passport and stamps the visa, but within a week or may be in the same week the visa of the principal applicant is expiring.
These sort of horrors are mainly experienced by Student Visa dependants, Tier 2 visa holders and Tier 1.

I do not know whether this process is sometimes thought to be done deliberately. I have no such claims proving that but, have many known applicants who have faced such a horror.

If you or your dependant think, are a part of this foul, then do let me know. I may be able to help you by advising to write to higher authorities which can look into this matter. Postal delays cannot be for weeks and months. If applicant receives the decision why does not the british high commission?

In order for me to help you, one will have to elaborate their case when they choose to have a limited advise from me.

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Tuesday, 21 August 2012

Settlement Categories in the UK - Tier 1 & 2


Routes to settlement in the UK in the light of the changes introduced into the Immigration Rules in April 2012

Working in the UK on completion of studies after closure of PSW route

• Introduction of the new Graduate Entrepreneur Route
• Switching to Tier 2 (General) category
• Switching to Tier 1 (Entrepreneur) category
• Settlement in the UK: the present and the future

Settlement categories

• Long residence: after 10 years
• Long residence: 14 years of any legality
• Five years in a qualifying category
• With accelerated settlement option for investors and entrepreneurs
• Two years on a spouse visa
• Six years on discretionary leave to remain

Limit on the time permitted for studying

• Studying at degree level is limited to 5 years with the following exceptions:
o Those studying for a Master’s degree on completion of a 4 or 5 years’

Bachelor’s degree, in which case they are allowed 6 years

o Those studying for a PhD at an Higher Educational Institution.  However, if after completing the PhD the total time spent on Tier 4 exceeds 8 years, no further leave will be granted under Tier 4

o Exemption for those following courses in:
o Architecture
o Medicine
o Dentistry
o Veterinary Medicine
o Law
o Music
• The 5 year limit will operate in addition to time spent studying below degree level

Introduction of Graduate Entrepreneur Scheme

• New immigration category for graduates who have been identified by Higher
Education Institutions as having developed world class innovative ideas or
entrepreneurial skills, to extend their stay in the UK after graduation to develop
their business.
• There are 1000 places divided between 88 participants
• Applicants will need to be in the UK and sponsored by the Higher Education
Institution from which they have been awarded a Bachelor’s degree, Master’s
degree or PhD
• Successful applicants will be granted leave for 12 months initially, which may be
extended for a further 12 months
• Right to work for up to 20 hours
• Time in this category will not count towards settlement

New rules for Tier 2 (General) category

• Restricted settlement right: salary not less than £35K from
summer 2016
• Time in this category now limited to six years
• No right of return under the same category for 12 months for
those who have completed their 6 years
• Right to switch into Tier 1 Entrepreneur or Investor category
• Alternative settlement under the long residence rule remains
an option

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Monday, 20 August 2012

Dependents of Tier 1 Entrepreneur Migrant


Dependents of Tier 1 Entrepreneur Migrant


A dependant is:

your husband, wife or civil partner; or
your unmarried or same-sex partner; or
your child aged under 18 years old.
Your dependant children can be over 18 years old if they are in the UK now as dependants.
If you are the partner or dependent child under 18 of a migrant who is in or coming to the UK under Tier 1 Entrepreneur category, you can apply for a visa to join them in the UK. The Home Office, UKBA will grant leave in line with the expiry date of the Tier 1 Entrepreneur's visa.
Entry Clearance As PBS Dependents Of Tier 1 Entrepreneur Migrant

In order to be granted entry clearance as a spouse, civil partner, unmarried or same sex partner, the family member and the main applicant must be aged 18 or over on the date he/she is due to arrive in the United Kingdom.
In order to be granted entry clearance as a child of Tier 1 Entrepreneur Migrant, the child must be under the age of 18 on the date of entry clearance application.
Switching Into Dependent Of Tier 1 Entrepreneur Migrant

For family members of Tier 1 Entrepreneur Migrant, switching is permitted when applying as:
a family member who has or last had entry clearance or leave to remain as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a relevant Points Based System migrant; or
a child born in the UK to a PBS migrant and their dependant partner
In order to apply for leave to remain as the child of a PBS migrant, the child must be under the age of 18 on the date of application. Where the child is aged 18 or over he/she must have, or have last been granted, leave as the family member of a PBS migrant or someone applying at the same time for leave as a PBS migrant.
Funds For Maintenance

One of the requirements for family members of Points Based System Migrants is that he/she must be able to support themselves without recourse to public funds. This requirement is satisfied by showing funds for maintenance for last 90 days before the date of the application.
If the Tier 1 Entrepreneur Migrant is outside the United Kingdom or has been present in the United Kingdom for less than 12 months, each family member of the Tier 1 Entrepreneur Migrant must show that he/she, or (for children) his/her other parent who is also legally present in the United Kingdom has at least £1800 to support him/her; this is in addition to any funds the Tier 1 Entrepreneur Migrant needs to prove he/she has enough money to support himself/herself.
If the Tier 1 Entrepreneur Migrant has been in the United Kingdom for 12 months or more, each family member of the Tier 1 Entrepreneur Migrant must have £600 to support himself/herself.
Same Day Visa Service For PBS Dependent Of Tier 1 Entrepreneur Migrant

If you are:

a family member who has or last had entry clearance or leave to remain as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a relevant Points Based System migrant; or
a child born in the UK to a PBS migrant and their dependant partner
 then you can apply to stay in the UK as the PBS dependent of Tier 1 Entrepreneur Migrant by making an in-country application as PBS Dependent.
We are registered with the Home Office Public Enquiry Office (PEO), Lunar House, Croydon to provide same day visa service for PBS Dependent applications. Our immigration lawyers can prepare and submit your application to the Home Office, PEO and get quick decision on the application. As PBS Dependent application is a biometric category, you will have to attend the Home Office, Lunar House, Croydon with our legal representative on the day we will submit your application.

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