BRP Cards To Be Abolished E-Visa To Start
E-Visa Era Begins
UK Visas and Immigration (UKVI) are developing a digital immigration system. This means they are replacing physical documents with an online record of your immigration status. This is known as an e-Visa.
The documents being replaced are:
- BRP – Biometric residence permits
- BRC – Biometric residence cards
- Passport endorsements, such as indefinite leave to enter wet ink stamps
- Vignette stickers in passports, such as entry clearance or visa vignettes
The e-Visa is an online record of your immigration status and the conditions of your permission to enter or remain in the UK.
Once this system is in place, you will be able to use an eVisa to travel to the UK. You will no longer need to carry a physical document other than your current passport, which must be registered in your UKVI account. Until then, you will need to continue to carry your physical document. This is currently estimated to be 2024. The Home Office has stated that it will announce the steps to be taken for the transition to this system in 2024, such as how to register for a UKVI account, etc.
You will be registered for a UKVI account to securely view and share information about your status with third parties, such as employers or landlords. Your physical document will then be updated to an e-Visa. This update will not affect your immigration status or the conditions of your permission to enter or remain in the UK.
When the system is in place, you will not need to wait for or receive a physical document once your application has been decided.
It will be quicker and easier to prove your status at the UK border, and because it is an online system, we will be transitioning to a much more secure system against the risk of documents being stolen, lost or tampered with.
- Published in UK Immigration
Most Attractive UK Visas To Come!
The UK government has announced three different visas that will be introduced for entrepreneurs, skilled workers, and students.
They are reported to aim to attract fast-growing companies recruit staff from other countries, attract graduates from top colleges around the world, and chase international entrepreneurs and digital start-up founders.
These “most attractive” visa system in the world for high-skilled workers and entrepreneurs are reported to strive to boost productivity and economic growth in the UK.
Thanks to these upcoming visas, UK-based employers as well as international businesspeople interested in exploring options for working in the UK without having to rely on a UK-based employer is said to have more alternatives with this visa. They will also address to the reduced number of entrepreneurs and investors.
We will see the introduction and applications of the following visas in the following months:
1. Scale-Up Visa
The Scale-up visa aims to make hiring the best-skilled workers from all around the world easier and faster for businesses with rapid growth.
For this route:
- A person must have a high-skilled employment offer from a scale-up business with a salary of at least £33,000 and be able to communicate in English.
- Scale-ups will be able to apply for a fast-track verification process to use the route.
What is a Scale-up business?
A company must have a yearly average revenue or employment growth rate of more over 20% during a three-year period, and a minimum of 10 employees at the start of the 3-year period.
2. High Potential Individual Visa
This visa will be for high-potential graduates from leading colleges throughout the world. The terms ‘top global university‘ and ‘high potential graduates’ are not clearly defined yet, but they are expected to be limited by a list of government-approved institutions, as well as attributes including age, salary, and postgraduate qualifications.
With this route:
- Graduates can move to the UK without a job offer.
- Graduates can have settlement in the UK – requirements are not introduced yet.
3. Innovator Visa
A new visa for innovators is also proposed for 2022, with the goal of enabling foreign investors and entrepreneurs to launch and operate venture-backed or innovative technology-based enterprises in the UK.
This visa is told to be more flexible – there will no longer be a requirement for applicants to have a minimum of £50,000 in investment capital, as long as they have adequate finances to build their firm. On this route, applicants will be able to work outside of their main business.
The business eligibility requirements will be simpler; applicants must show that their company has the capacity to develop, create value to the UK, and remain innovative.
There will be an option to expedite submissions for those with promising business concepts.
As the Lexlegal, we will inform you again and in more detail when these visas and conditions come into effect.
- Published in UK Immigration
What Are The IR35 Rules? Who Are At Risk?
Control
The level of control of the company over the person is important in terms of evaluating whether the employment relationship is within the scope of IR35. For example, if the company decides which work to do when, how and where, this means that the control is in the company, not in the contractor. In this case, the working relationship will be considered to be inside IR35.
Substitution of Someone Else
The question of whether the work to be done should be performed only by the relevant Contractor or whether another person can be assigned for the tasks is important for the evaluation. If the subject of the job is a service that must be provided by the same person all the time, it may form an opinion that it is within the scope of IR35.
Providing Services to a Single Company
If the person provides services to only one company through their limited liability company and there is no other company to which they provide service other than their company, this is also a situation that may lead to the conclusion that this business relationship falls within the scope of IR35.
The Person’s Use of Tools, Equipment and Equipment, E-Mail Address Belonging To The Company
The person’s use of the tools, equipment and equipment provided by the company, the allocation of an e-mail address belonging to the company, etc. can be counted as evidence for a business relationship under IR35.
Collection
The fact that the payments made to the person by the company are made monthly and regularly rather than per job strengthens the fact that this business relationship can be considered as a business relationship within the scope of IR35.
It should also be noted that when evaluating these criteria for a company, you need to include group companies and parent companies in the calculation.
If, as a result of the evaluation made in the light of the criteria mentioned above, it is determined that the business relationship is within the scope of IR35, the issue of who will be responsible varies depending on the size of the company. Liability of small, medium and large scale companies differ. Namely, if the company meets at least 2 of the 3 criteria below, it is considered as a medium and large-sized company.
- Turnover of £10.2 million and above,
- Asset total; £5.1 million and above,
- The number of employees is above 50
There is no responsibility for making an IR35 assessment for companies considered small, and the responsibility lies directly with the person, namely the Contractor.
In terms of medium and large-scale companies, the responsibility lies directly with these companies. Companies are obliged to make all necessary evaluations, make a decision as to whether their business relations with each Contractor are within the scope of IR35, and notify their decision in writing to the persons they receive service with a notification called Status Determination Statement (SDS).
HMRC has included an evaluation test called CEST on its website, which can be accessed from the link, in order to be able to reach a conclusion as to whether a business relationship falls within the scope of IR35. However, this test result is not a definitive result, and it must be emphasized that the actual reality situation should be taken into account for the final result.
Before April 6, 2021, all responsible companies and people serving as Contractors have to evaluate their working status and make a decision, and all companies that are established or will be established later are expected to comply with this new regulation. If the result is a business relationship that should be evaluated within the scope of IR35, these people should be included in the payroll and related taxation should be made, and if this is not done, criminal liability arises.
You can contact us to ask detailed questions about your company and to get information.
– Tugba EKEN
- Published in UK Immigration
How to Set up a Business in the UK
To start a business in the UK you need to follow the 3 steps below
1- Getting a right visa to set up a company:
It is not possible for the citizens of the rest of the world to establish a company without arriving at the UK. However, company establishment procedures in the UK can be completed by obtaining an Investor visa or a UK tourist visa. Online company formation application in the UK is only available to UK citizens.
It is possible for companies based in overseas to carry out commercial activities in the UK in many different ways. The companies that want to establish a permanent business in the UK can send a senior manager to the UK with the Sole Representative Visa route. The representative can establish a branch in the country, operate on behalf of the overseas company, employ staff and engage in a wide variety of sales-oriented activities.
In certain cases, individuals may not establish a new company, but only register branches in the UK with the branch registration system. Apart from these two alternatives, overseas companies can also engage in commercial activities in the UK through agency assignments, distribution agreements, partnership undertakings or commercial agreements with companies in the UK.
Until recently, it was possible for citizens of countries affiliated with the European Union to establish a business in the UK. However, with Brexit, that is, with the departure of the United Kingdom from the EU on 31 December 2020, this situation has changed and various visas are currently required for this.
Citizens of other countries, who pay taxes by establishing a company in the UK and earning sufficient income, may be entitled to indefinite residence permit in the UK.
At this point, it should be noted that overseas companies are generally not subject to any permission to do business in the UK; only certain specific industries, such as Financial Services, are subject to permission from the Financial Conduct Authority (FCA).
2- Determining the legal structure of the business:
There are several different ways to set up a company in the UK. UK company types are broadly divided into three:
- Sole Trader
- Limited Company
- Partnerships
In addition to establishing a new company in the UK, it is also possible for an overseas company to open a branch in the UK. In order to open a company branch in the UK, an application must also be made to Companies House. If an overseas company opens a branch in England to carry out its business on behalf of the company located in overseas, within 1 month from the date of establishment of the branch, these documents should be sent to the Companies House:
- BR1 Form
- The original articles of association of the parent company and its English translation with a sworn translator -Company’s profit-loss-balance sheet data for the last year
- Form 691
Additionally, an application fee of GBP 20 must be paid.
3- Opening a bank account:
After establishing your business, you will need a bank account to receive payments from your customers. There are three ways foreigners can open a business account in the UK:
Residence permit: If you live in the UK, you can take advantage of this option if you confirm the following conditions. Have been a resident of the UK for at least six months, be a property of your residence, and be different from your office address. In addition, the bank asks you for an invoice issued in your name to verify your residence. If you cannot meet all of these conditions together, you can take a look at the other options below.
Multi-currency account: It is a method that you can use for international bank transactions without paying large transfer fees, and you can use the money in your account between any currencies.
International banking: In this method, you can open a bank account using a valid passport, residence address or national identity card. Many banks in the UK allow immigrants to open a business bank account.
Before determining the structure of your business activity with the UK, many important issues such as taxation and liability should be considered.
- Published in UK Immigration
Applications to Visitor Visa from Red-List Countries are Paused! Here are the new rules…
Home Office has made some additions to its guidance titled “Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents”, which it first published in March 2020 and has since updated regularly.
According to one of these updates, visitor visa applications from countries on the red list announced by the UK will be paused until the travel restrictions are lifted. While the appointment centers will con-tinue to receive and assess the applications, the decision will be submitted when the country leaves the red list. Those who have an emergency situation and have to come to the UK with a visit visa urgently will be able to apply for a visit visa with additional documents explaining their situation.
In addition, the use of “priority service” and “super priority service” has been removed for non-visit visa applications from countries on the red list. It is possible to get the visa result in 5 working days with an additional fee of £500 with priority service, and within 2 working days with an extra fee of £800 with super priority service.
As of 8 December 2021, the current red list includes Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, Zambia, and Zimbabwe. However, there are assumpti-ons that the list can be expanded.
Another important update made by the Home Office concerns the people who are currently in the UK on a time-restricted visa, and cannot return to their home country because it is is on the red list and there are travel restrictions. People in this situation, given that their visa will expire prior to 31 January 2022, can apply for an extension to their current visa under the “exceptional assurance” scheme. But they will be required to explain the reason why they cannot return to their country.
According to the statement, extension applications will be made by sending an e-mail to cihassur-anceteam@homeoffice.gov.uk. In this e-mail, information such as full name, date of birth, citizenship information, GWF of the Home Office or any referencing proof of the visa you have received, appli-cation reference number, visa type, visa expiry date should be brought to the attention of the Home Office. Those who want to extend their temporary visa within the scope of this exception have to pro-vide valid proof of why they could not return to their country. Reasons such as the suspension of flights between the two countries and the full quarantine centers in the opposite country can be count-ed among these valid proofs.
The current rights of these people, such as residency, work, receive education, and rent a house in the United Kingdom will still be valid during the period of extension, if they already held these rights with their current visa.
People who have previously extended their visa for any reason with exceptional assurance will be able to apply again.
So what do these updates mean? The United Kingdom has implemented two such changes following the rapid spread of the Omicron variant, this may highlight the possibility of expanding the red list.
- Published in UK Immigration
Red List Rules For Entering The UK
The UK government have listed a number of countries into the red list which means they are the highest risk from Covid and should not be visited and non-UK residents from the red list are currently refused entry to the UK.
Please check gov website for further information on the list of countries:
https://www.gov.uk/guidance/red-amber-and-green-list-rules-for-entering-england
Travel to the UK may not be permitted if you’ve been in a red list country in the previous 10 days unless you’re a British national, an Irish national or anyone with residence rights in the UK.
Those allowed to enter England who may have been to a red list country within the past 10 days before arrival will have to quarantine for 10 full days in a managed quarantine hotel.
A coronavirus test must be taken on or before day 2 and then again on the 8th day of quarantining follow the national restrictions.
Providing false or deliberately misleading information when filling out your passenger locator form is an offence punishable by imprisonment.
Requirements & forms before the flight
When arriving in the UK all arrivals must provide a negative test that has been taken within the past 72 hours and complete a Passenger Locator Form before arriving in the UK.
Please find more information about the form and what is required for it to be completed here.
Be sure to have completed any tests you may need before completing the passenger locator form. Even if you have been vaccinated you must follow these rules.
Finding and booking hotels before the flight
The UK has introduced a quarantine package to those coming from outside of the UK, these travellers must purchase the package which includes stay in a hotel including food and drink whilst there.
There are a number of hotels available with 4,600 rooms set aside for these quarantining arrivals. The charge for a single adult is £1,750.
If you ignore the quarantine, you could risk fines ranging from £5,000 rising to £10,000.
PCR test in the UK
The UK government requires COVID-19 PCR tests, which you’ll need to take on day 2 and day 8 of your stay find out more about the test by visiting: https://www.gov.uk/get-coronavirus-test
Updated May 2021
- Published in UK Immigration
Visiting The EU As A British Citizen After The
Since 31st December, the United Kingdom is no longer a member of the European Union. This now means if you’re planning on visiting an EU country there are new rules to consider.
Before when entering a European country as a member of the EU you could have use the fast-track line at immigration control.
This has since changed in 2021 and now no longer applies, officials now may enquire into your travel plans and financial support.
Passports
Changes to passports have meant that if your passport is going to expire within 6 months then this could mean that your passport’s validity may no longer be accepted.
In addition, passports need to be less than 10 years old (even if it has 6 months or more left).
Previous British passports would have allowed automatic admission to other European countries, since Brexit this has meant that those passports have lost the power as European union travel documents meaning you may now be subject to stricter new rules.
Your passport will stay valid travel documents until they expire but until then you don’t need to rush to get a new one.
Previous British passports would have allowed automatic admission to other European countries, since Brexit this has meant that those passports have lost the power as European union travel documents meaning you may now be subject to stricter new rules.
Your passport will stay valid travel documents until they expire but until then you don’t need to rush to get a new one.
Travel
With the new rules for travel between the UK and EU the agreement has been set where UK citizens can travel to most EU countries visa free on a short-term basis, up to 90 days in any 180-day period excluding some countries.
However new regulations that may be introduced no later than 2022 may mean British citizens will be subject to the new European travel information and authorization system (ETIAS).
The system was made to help Europe control risks coming from migration, security or public health.
The system will require British visitors to complete a form which will ask questions based on health, criminal convictions and employment.
Travellers would be also asked to have their personal data verified meaning their picture or finger print scan would be collected and a series of questions may be asked.
Before, when travelling the EU having a EHIC card would allow free healthcare for travellers on the same basis as the local population, these cards will still be valid until the expiry date.
A replacement is in the works called GHIC but the details have not been put in place yet.
- Published in UK Immigration
Visa Types For EEA Citizens After Brexit
Britain has left the European Union, consequently, as of January 1st 2021, the right of EU citizens to work and live in the UK has been abolished.
EU citizens can enter the UK without a visa, for short 90-day visits with their EU passports. However, those who wish to work and settle in the UK are required to apply for a visa.
The applicable visas can be categorised under three main headings: Investor Visa, Worker Visa and Talent Visa.
1. Investor Visas
– Sole Representative Visa
If you are the owner of your own business and intend to open a branch in the UK, then you can do so with the Representative Visa. When applying to open a UK branch you must assign a senior employee in your company as a company representative.
However, it should be noted that business owner cannot apply under this visa category.
The employee who will acquire the visa, as a representative, will be allowed to settle in England. The individual must not own more than 50% of the current company and must also be a shareholder. It is sufficient to demonstrate the volume and potential of your business and to prove that your employee is competent to act as a representative.
With this visa, the representative can also bring his family to England. After 5 years, the applicant is eligible to apply for British citizenship and one year later indefinite residency.
– Start-up and Innovator Visas
The Start-up visa is suited to applicants who want to start a business in the UK but do not have a large amount of investment as there is no requirement to put a certain amount of capital. However, it is necessary to introduce an innovative business into the sector.
For this reason, the business plan is examined by the authorised offices determined by the Home Office. If they conclude that the applicant’s business will bring about innovation to the relevant sector, then a 2-year visa is issued. After these 2 years, the visa cannot be extended.
If the applicant establishes their business and succeeds within 2 years and wants to continue their right of residency, they must switch to the Innovator visa type at the end of 2 years. The Innovator Visa type requires an investment of £50,000. After 5 years in total with the applicant is entitled to apply for British citizenship and, one year later, indefinite residency.
Individuals with a capital of £50,000 can also apply for an Innovator visa directly but must also introduce an innovative business into the relevant sector With the Innovator visa, the applicant is entitled to apply for indefinite residency after 3 years.
Evidently, the Start-up visa type is suited to those who have an innovative business idea but fail to meet the £50,000 capital required for the Investor visa. Such capital can be earned within the two years in order for them to then apply for an Investor visa and continue operating their business.
2. Worker Visa
England has made it easier, for those who have received job offers from UK businesses, to apply for a Worker visa by switching to the newly established points-based system.
If your employer holds a sponsorship licence and is willing to sponsor you then it is possible for you to apply for a Worker visa. This process, previously limited to Tier 2 and similar visa types, has eased requirements thus facilitating company’s ability to obtain sponsorship licences and employ individuals from abroad.
The relevant criteria for a Worker visa includes training in the field and the ability to speak English at level B2.
If you wish to acquire a Worker Visa and have a business that is willing to sponsor you, please contact us for further details and assistance.
3. Global Talent Visa
This visa is applicable to those who have talent and a highly regarded reputation in specific fields which includes, arts, science and many more.
Once an application is submitted it is reviewed by an authorised office designated by the Home Office who examines whether you have the necessary skills. Once approved, you can acquire a work permit with a Talent visa, or you can apply for indefinite residency after 3 years.
If you intend to reside in the UK, you can contact us for further information.
- Published in UK Immigration
How A Company Can Employ An Overseas National?
Where a company cannot fulfil a vacancy with a settled worker, they may seek to employ skilled migrant workers from outside the EEA. To be able to sponsor and employ an overseas national in the UK, the organisation is required to obtain a valid Tier 2 sponsorship licence.
The Sponsorship licences
The sponsorship licence application involves a series of checks from the Home Office such as the legitimacy and credibility of the business, the adequacy of the organisation to comply with duties and requirements, the existence of an adequate HR system and key personnel.
The process involves an online application and the payment of the relevant fee. The current fee is £536 for small and charitable organisation and £1,476 for medium or large organisation.
Once the application is submitted the organisation has 5 days to provide the supporting documents. The process involves the provision of key company documents and information. In fact, besides examining the organisation, the UKVI often assess the justification for requiring a foreign worker. A covering letter explaining the circumstances is an essential part. Failure of providing the necessary documents or an error in the application may result in rejection or delay in the process.
Following the submission of the documents, the UKVI may conduct an audit visit during which it will assess whether to grant or not the licence.
During the visit the UKVI will consider three main areas (1) has the company an appropriate HR system to comply with the management requirements? (2) is there a genuine need to sponsor an overseas national for the vacancy? (3) is the organisation aware of its duties? If satisfied of the following the UKVI will grant a sponsorship licence.
Currently the visits are suspended because of measures related to COVID 19 at least until 30th of September 2020. However, the UKVI may still visit the premises once the licence is granted and if finds the organisation does not comply with the duties, they may revoke the licence.
SPONSORSHIP MANAGEMENT SYSTEM (SMS)
Once the sponsorship licence is granted, the organisation will be granted the access to the SMS system through which the sponsor will be able to manage their activities. The key personnel appointed during the application process will be able to log in into the system to create and assign Certificate of Sponsorship to potential employees as well as report changes and issue.
Before assigning a certificate of sponsorship (COS) most of the times, unless the job position is in the shortage occupation list, the organisation must carry a test known as “Resident Labour Market Test”. The test is necessary to demonstrate to UKVI that no settled worker in the UK is available for the vacancy. To comply with the requirement the position must be advertised for 28 days in two places; normally one of this has to be “Find a Job”.
Once the RLMT is completed and the organisation is satisfied there are no settled workers or EEA nationals available, they can request a COS through the SMS system. The COS must contain details about the salary and duties.
Once the COS is issued the skilled worker will be able to apply for their TIER2 visa.
Relevant Steps to employ skilled overseas nationals:
- Assess whether your business is eligible for the sponsorship licence and collect the relevant documents
- Apply for a sponsorship licence
- Conduct the residential labour market test through advertisement
- Issue a certificate of sponsorship through the sponsorship management system.
Apply now for Sponsorship licence
The home office encourages the organisations to apply now for the sponsorship licence and get ready for the upcoming changes in 2021. In fact, at the moment the employers do not need to sponsor the EEA nationals to come to the UK as they can enjoy the free movement of rights. However, from 1st of January 2021, under the proposed new point-based system the organisations will need a sponsorship licence to employ both EEA and non-EEA nationals.
Our team is here to assist and guide you through the process.
- Published in UK Immigration
ROUTES FOR RESIDENCY: THE AVAILABLE OPTIONS TO SETTLE IN THE UK
We have been contacted often by people from overseas informing they wish to have residency in the UK and eventually settle here without having an actual idea of the available options.
This article will summarise the available options for settlement for those who are outside the UK and are looking to come here.
SETTLEMENT ROUTES WITH ACCELERATION OPTIONS
Tier 1 Investor visa with the option to settle after only 2 years
The investor category is designed to allow wealthy individuals who make substantial financial investments in the UK to obtain a permit to enter and settle in the UK.
Those interested in this category will need to invest not less than £2 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading companies that are registered in the UK. The money must be of the applicant and in its own control, held in a regulated financial institutions and disposable in the UK.
Those who invest and maintain at least £10 million in the UK have the option to apply for indefinite leave to remain just after 2 years provided, they meet the other requirements. Applicants must have spent at least 6 months of each year in the UK to meet the residential requirement. With £2 millions applicants can settle after 5 years and with £5 millions after 3 years.
Innovator visa with the option to settle after 3 years
The innovator visa is ideal for experienced businesspersons intending to establish a business in the UK. The applicant needs to have at least £50,000 to invest in the business and a business idea which is new, innovative and viable.
To apply for this visa the applicant will first need to get his business idea endorsed by an approved endorsed body. Business Partners can apply together for this category; however, each applicant must invest £50,000.
This visa is granted for an initial period of 3 years with the possibility to a apply for further 3 years extensions at a time. There is no limit on the number of times someone can extend under this route.
In certain circumstances the applicant may be eligible to apply for Indefinite Leave to Remain after only 3 years.
To be eligible for settlement after 3 years for example you will need to show the business has created at least 10 full-time jobs for residents or 5 full-time jobs which have at least an average salary of £25,000 etc. Applicants will also need to satisfy the standard requirements for ILR.
Global talent visa with the option to settle after 3 years
Individuals with exceptional talents and experience in their work/research in the field of Engineering, Medicine, Science, Humanities, Digital Technology and Arts & Culture may apply for an endorsement which will be considered by one of the six designated endorsing bodies.
Each body has it is own criteria for endorsement, but you will need proof of substantial work and recognition from experts in your field. You may be endorsed as exceptional talent if you are recognised leader or exceptional promise if you are considered an emerging leader.
Once the endorsement is granted individuals can apply for the actual visa; they may choose how much leave they want, up to 5 years. Individuals can apply for settlement normally after 5 years under this category, however, those who have been endorsed by one of the four science bodies may qualify for accelerated settlement in 3 years.
SETTLEMENT IN THE UK AFTER 5 YEARS
Tier 2 General visa
Individuals with Tier 2 General work visa can apply for indefinite leave to remain after 5 years provided, they earned the appropriate rate for the job or the minimum income threshold under the Tier 2 Sponsorship, whichever is higher and their job is secure for the near future which has to be confirmed by the sponsor.
ECAA Turkish Businessperson visa
This category is available for Turkish Entrepreneurs who intend to come to the UK and establish a business or help to run a business already established. Briefly, the individual will need to satisfy they have enough experience and knowledge in their choses field, a viable and feasible business idea, sufficient funds and that there is a genuine need of the service.
The initial visa will be valid for 12 months after which individuals may apply for an extension which normally granted for 3 years as far as the business is operating well and is making a profit which is sufficient to support yourself and your family if applicable. After 5 years under this route the Turkish businessperson may apply for indefinite leave to remain.
Sole representative of an overseas Business
Senior employees of an overseas organisation may be appointed to come in the UK and set up a branch or wholly owned subsidiary of that organisation. The senior employees may apply for the sole representative visa to have permission to remain and enter in the UK for an initial period of 3 years after which they may apply for 2 years extension.
Provided that the individual remained for the whole period a senior employee of the overseas organisation and that the branch/subsidiary in the UK continues to operate, he may be able to be granted Indefinite leave to remain after 5 years.
Spouse or unmarried partner
Overseas spouses and unmarried partners of British nationals may settle in the UK under the 5-year route provided they meet all the requirements in Appendix FM. If the person doesn’t meet some of the eligibility requirements but falls within the exception their application will be considered under the 10-year partner route.
UK Ancestry
Commonwealth citizens who have a grandparent who was born in the UK may be able to work and live in the UK on the basis of their ancestry. The applicants will need to proof their grandparent was born in the UK and that the grandparent is by blood or recognise adoption. The applicants will need to convince the home office they have enough funds to maintain themselves and good chances of securing an employment. After 5 years provided other requirements are met the individuals can apply for Indefinite leave to remain.
This should give an idea of the available options and is not intended to advise on the requirements. If you have any questions regarding your eligibility or are unsure which category may be the most suitable for you, please contact us for a consultation.
- Published in UK Immigration