Showing posts with label ECM. Show all posts
Showing posts with label ECM. 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.

-----------------




AIT, appeals, appeals in uk, british high commission Mumbai, british national, Changes to the applications from Overstayers, deadline passed, Entry Clearance officer, Out of time appeal, 10 year ban, 10 year UK visa ban, 18600, ADS Visa, AIT, appeals, appeals in uk, british high commission, british high commission Mumbai, british national, Changes to the application from Overstayers, Changes to the applications from Overstayers, China, deadline passed, Dependant visa, dependent visas, Documentation for UK VISA, ECO, Entry Clearance officer, Family Visitor, Family Visitor Visa VAF1B, first tier court, home office, Hong Kong, HSMP, HSMP extension, indefinite leave to remain, Limited right of appeal, Out of time appeal, Overstayed in the UK, Overstayer, PBS, Point based system, Post study work, PR, PSW Visa, Rehabilitation of offenders act 1974, Rehabilitation Period, spent criminal conviction, Sponsor Ship form for UK visa, spouse visa outside EEA, Student Visa, TB screening test, tier 1, Tier 1 Covering letter format, tier 1 entrepreneur, tier 2, tier 4, travelling to the UK., UK spouse visa, Uk student visa, UK Student visa Changes, UK visa, Uk visa appeals, UK visa from Hong Kong, uk visas,UK Visit Visa, ukba, unspent conviction, VAF1A, visa extension, Visa forms, Wife visa, work permit uk
London Immigration Solicitors, London Immigration Lawyers, Immigration Solicitors London, Immigration Solicitors in London, Immigration Lawyers London, Immigration Lawyers, Immigration Solicitors, Tier 1 Visa, High Net Worth UK Immigration Lawyers, High Net Worth Lawyers in London, Law Firms London, Top UK Law Firm, Visa Law Firm London, Investor Visa, Entrepreneur Visa,marriage visas and settlement, permanent residence, Tier 1 investor and entrepreneur visa, Tier 2 skilled worker, intra company transfer, fast track and documents checking service,Business Visa UK, UK Business Visa, Business Visa assessment, Business Visa application, Business Visa immigration, Business Visa migration, Business Visa apply,ukvisas, immigration, work permit,  uk visa, appeal, tier 1 investor, tier 2 general, tier 1 entrepreneur, uk visa refused,UK company, business consultancy, investment opportunities, property development, UK, GB, Britain, secretaries, ltd, UK company registration, UK bank account, offshore, immigration lawyer, immigration experts, immigration solicitor, immigration company, law firm, immigration law, immigration laws, immigration rules, uk immigration, uk visa, point-based system, pbs, tier 1, hsmp, higly skilled migrant, tier 2, work permit uk, england visa, tier 4, uk student visa, tier 5, investor visa, tier 1 investor, tier1 investor, uk investor visa, business visa, entrepreneur visa, sole representative visa, uk citizenship, naturalization uk, british citizenship, british passport, passport uk, uk visa refusal, appeal, spouse visa uk, uk visa requirments, uk visa documents, immigration advice, immigration advisor, immigration adviser, law firm uk, law firm london, UK visa from India,
UK retirement visa, bringing my parents to the UK, permanent residence for parents, dependant visa for the UK,www.google.co.in, www.google.co.uk




Thursday, 16 August 2012

ILR - Indefinite Leave to Remain in the UK. Permanent Residency


Changes to Indefinite Leave to Remain (ILR) rules on 6th April 2011...

From 6th April 2011, the UK Border Agency has changed the immigration rules for anyone applying for an Indefinite Leave to Remain visa (aka Permanent Residency).  There have been two types of changes:

Changes that affect all applicants that are applying for Indefinite Leave to Remain;
Changes that affect only those on a Tier 1, Tier 2 or Work Permit applying for ILR


Changes affecting all applicants

The following two changes affect everyone:

Criminal Convictions – You can no longer apply for Indefinite Leave to Remain if you have been convicted of a crime and not enough time has passed for the conviction to become “spent”.     “Spent” is a legal term that means the conviction can no longer be held against you in line with the Rehabilitation of Offenders Act 1974.  Most convictions become spent after 5 - 7 years from the date of conviction in court.  For an example, this would mean that if you were convicted of a crime once you have spent four years in the UK on a Tier 1 (General) visa, you would have to stay on your Tier 1 visa for another 5 year period before applying for ILR whilst you wait for the conviction to become spent!  Please also note that this includes traffic offences such as drink driving or driving without insurance etc.  Do not panic if you have any penalty charge notices, parking tickets or fines as these are not criminal convictions
Your wife or husband must have spent 2 years living in the UK with you before they now qualify for Indefinite Leave to Remain – before the changes we just had to declare any dependents and they would be granted ILR with the main applicant regardless of their length of time in the UK.  We now have to prove that your husband or wife (dependent) has been living at the same address as you (the main applicant) for no less than 2 years before they can apply for Indefinite Leave to Remain.

 Changes affecting clients applying for ILR who are currently on a Tier 1, Tier 2 or Work Permit visa

From 6th April 2011, the UK Border Agency has also specifically changed the process for any Tier 1, Tier 2 or Work Permit visa holder’s applying for Indefinite Leave to Remain (ILR).

Changes affecting Tier 1 visa holders:

As an overview, any Tier 1 (General) clients applying for ILR will now have to satisfy the same points requirement they needed to qualify for their Tier 1 extension (i.e. 75 points if you got your first HSMP/Tier 1 visa before 6th April 2010 or 80 points if after).  Effectively, they have combined your Tier 1 extension (yes, another one!) with the ILR process so you MUST make sure that your earnings are high enough in the last 12 months to now qualify for ILR!

Changes affecting clients applying for ILR who are currently on a Tier 1, Tier 2 or Work Permit visa

From 6th April 2011, the UK Border Agency has also specifically changed the process for any Tier 1, Tier 2 or Work Permit visa holder’s applying for Indefinite Leave to Remain (ILR).

Changes affecting Tier 1 visa holders:

As an overview, any Tier 1 (General) clients applying for ILR will now have to satisfy the same points requirement they needed to qualify for their Tier 1 extension (i.e. 75 points if you got your first HSMP/Tier 1 visa before 6th April 2010 or 80 points if after).  Effectively, they have combined your Tier 1 extension (yes, another one!) with the ILR process so you MUST make sure that your earnings are high enough in the last 12 months to now qualify for ILR!


Changes affecting Tier 2/Work Permit visa holders:

Tier 2 visa holders now have to show that their earnings are as high as the minimum salary requirement under the UK Border Agency's "Codes of Practice for Tier 2 Sponsored Workers" (which can be found on their website).  For example, this means that if you are working as a Marketing Manager and the minimum salary according to the UKBA is £40,000 per annum, your earnings will have to be £40,000 per annum for you to qualify for ILR.

You must check whether your gross earnings are high enough according to the UKBA's list.  If they are not, you will not qualify for Indefinite Leave to Remain.


ILR, UKBA, Home office, Visa Officer, ECO, ECM, PR, life in the UK test
AIT, appeals, appeals in uk, british high commission Mumbai, british national, Changes to the applications from Overstayers, deadline passed, Entry Clearance officer, Out of time appeal, 10 year ban, 10 year UK visa ban, 18600, ADS Visa, AIT, appeals, appeals in uk, british high commission, british high commission Mumbai, british national, Changes to the application from Overstayers, Changes to the applications from Overstayers, China, deadline passed, Dependant visa, dependent visas, Documentation for UK VISA, ECO, Entry Clearance officer, Family Visitor, Family Visitor Visa VAF1B, first tier court, home office, Hong Kong, HSMP, HSMP extension, indefinite leave to remain, Limited right of appeal, Out of time appeal, Overstayed in the UK, Overstayer, PBS, Point based system, Post study work, PR, PSW Visa, Rehabilitation of offenders act 1974, Rehabilitation Period, spent criminal conviction, Sponsor Ship form for UK visa, spouse visa outside EEA, Student Visa, TB screening test, tier 1, Tier 1 Covering letter format, tier 1 entrepreneur, tier 2, tier 4, travelling to the UK., UK spouse visa, Uk student visa, UK Student visa Changes, UK visa, Uk visa appeals, UK visa from Hong Kong, uk visas,UK Visit Visa, ukba, unspent conviction, VAF1A, visa extension, Visa forms, Wife visa, work permit uk

What is Indefinite Leave to Remain


What is Indefinite Leave to Remain?

Indefinite Leave to Remain (ILR) is also known as "Permanent Residence" and almost all migrants in the UK aim for this visa status. With every type of visa, you are given a limited amount of time that you can lawfully remain in the UK. When your visa expires you will need to either extend your existing visa, switch to another visa or return to your home country. ILR allows a person after a set period of time (depending on the visa they are on – see table below) to make an application to remain in the UK indefinitely. The main benefits of ILR apart from ensuring that a person does not have to return home when their visa expires are as follows:

• No more immigration related restrictions on the business or work that you may do within the UK
• No time limits on the length of your stay in your UK
• You will not have to apply for anymore visa extensions


ILR, UKBA, Home office, Visa Officer, ECO, ECM, PR, life in the UK test
AIT, appeals, appeals in uk, british high commission Mumbai, british national, Changes to the applications from Overstayers, deadline passed, Entry Clearance officer, Out of time appeal, 10 year ban, 10 year UK visa ban, 18600, ADS Visa, AIT, appeals, appeals in uk, british high commission, british high commission Mumbai, british national, Changes to the application from Overstayers, Changes to the applications from Overstayers, China, deadline passed, Dependant visa, dependent visas, Documentation for UK VISA, ECO, Entry Clearance officer, Family Visitor, Family Visitor Visa VAF1B, first tier court, home office, Hong Kong, HSMP, HSMP extension, indefinite leave to remain, Limited right of appeal, Out of time appeal, Overstayed in the UK, Overstayer, PBS, Point based system, Post study work, PR, PSW Visa, Rehabilitation of offenders act 1974, Rehabilitation Period, spent criminal conviction, Sponsor Ship form for UK visa, spouse visa outside EEA, Student Visa, TB screening test, tier 1, Tier 1 Covering letter format, tier 1 entrepreneur, tier 2, tier 4, travelling to the UK., UK spouse visa, Uk student visa, UK Student visa Changes, UK visa, Uk visa appeals, UK visa from Hong Kong, uk visas,UK Visit Visa, ukba, unspent conviction, VAF1A, visa extension, Visa forms, Wife visa, work permit uk