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Category: UK Immigration

How To Fulfil The English Language Requirement – UK Visa

Tuesday, 14 May 2019 by Lex Legal

All individuals who seek British Citizenship, Indefinite Leave to Remain or specific UK visas must meet the English Language Requirement.

Do you need to take a test?

 

It is surprising to many that even though they might be from an English-speaking country, they still must do the English test. Only residents from a predominantly English-speaking country are excluded. Please continue to read about English Language requirement UK visa.
Countries like South Africa with residents who speak English as mother tongue still need to do the English test as South Africa is not considered an English-speaking country.

 

Studied at a UK University? / English Language requirement UK visa

 

If you studied at a UK university, you fulfill the requirement regardless of country. However, any other country where residents received a degree in English must provide proof and evidence that they are indeed fulfilling the high English language standard. Individuals must take note that there are several English tests available as the different visas have different test levels. Students who go to the UK for studying purposes should ensure which test they require as several institutions will not require a SELT Test, but instead an IELTS test. SELT is required for immigrants that want a direct application while IELTS is for Tier 4 student visas.
Good news for immigrants from other countries is that English test stations are around the globe. Applicants need to ensure that they do they correct test from an accredited English test center or they will not gain entry to the UK. Countries that the UK consider as English Speaking:

 

  • United States
  • St Lucia
  • St Kitts and Nevis
  • Trinidad and Tobago
  • Jamaica
  • New Zealand
  • Guyana
  • Grenada
  • Dominica
  • Canada
  • Belize
  • Barbados
  • The Bahamas
  • Australia
  • Antigua and Barbuda

These top countries are considered to be English speaking nations. Anyone who does not reside in any of these countries will have to complete the English Language Test. We invite you to contact us to ensure you have the correct English level for your application and assist you with an accredited testing station.
If you need more information about English Language requirement UK visa, please contact one of our expert immigration adviser today!

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  • Published in UK Immigration
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Good News For Nationals Of A8 Countries

Tuesday, 14 May 2019 by Lex Legal

A8 country nationals recently received good news if they remained working in the United Kingdom after 2009. The decision was made that regardless whether they possess worker registration scheme permission or not the period spent working counts towards their permanent resident status.
Many foreign workers were never registered under the WRS scheme and that used to be a negativity when they wanted to apply for UK permanent residence.
This period from 2009 until April 2011 A8 nationals are now counting towards years spent lawfully in the UK. The UK Court of Appeal made this ruling which the Home Office will shortly confirm.

Good News for A8 Countries’ Nationals

 

A8 country nationals recently received good news if they remained working in the United Kingdom after 2009. The decision was made that regardless whether they possess worker registration scheme permission or not the period spent working counts towards their permanent resident status.
Many foreign workers were never registered under the WRS scheme and that used to be a negativity when they wanted to apply for UK permanent residence. This period from 2009 until April 2011 A8 nationals are now counting towards years spent lawfully in the UK. The UK Court of Appeal made this ruling which the Home Office will shortly confirm.

 

What Are the Implications?

 

The result of the decision of the appeals court is highly in favor of the A8 nationals allowing them continuous stay in the UK even though they are not required to have been registered from 2009. This makes that application process for permanent residency simple and much shorter too.
With the new Brexit on the cards, the Home Office working with applications will start accepting permanent residence application in 2018. The rules and criteria which are stringent for all new applicants will not be in place for the existing foreign nationals who are already in the UK.
Whatever happened during the five-year qualifying period to apply for permanent residency will not apply in these cases either.

 

A8 National Countries

 

The countries which fall under the A8 nationals rule are Slovenia, Slovakia, Poland, Lithuania, Latvia, Hungary, Estonia and the Czech Republic.
If you would like to proceed with your Indefinite Leave to Remain application, or need more information, please visit our Contact Us page to get in touch.

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  • Published in UK Immigration
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EU Citizens in the UK Not Affected by A No Deal Brexit

Tuesday, 14 May 2019 by Lex Legal

No Threat to EU Citizens Living in the UK

While the No Deal Brexit is an economic threat, EU citizens feared the worst as it could lead to them living in the UK as illegal immigrants. The question remained high among Europeans going to the United Kingdom to study, work or a tourist, if they would now require visas. EU Citizens Brexit

It would have a disastrous effect on UK tourism and lead to chaos when an EU member wants to enter the UK. The EU members living in the UK were under threat during the early talks of UK leaving the European Union.

No Deal Report – EU Citizens Brexit

 

During the recent talks in September 2018, the UK government made a promise not to change laws regarding EU members living and working in the UK. The EU Withdrawal Act is quite clear that EU citizens are 100% safe regardless of the outcome of current and future negotiations.
The rights of these foreign nationals which include EU members, and non-EU countries like Swiss and Norway citizens to work and live will continue. UK employers are allowed to employ them, schools, universities and hospitals continue to educate and treat them too.

 

UK Nationals in the EEA

The news is not as good for UK nationals though who are working and living elsewhere in the EEA. It is a potentially problematic and more complex situation. When the No Deal Brexit goes through, UK citizens will no longer be EU citizens. The rights the British nationals elsewhere currently enjoy according to their EU citizenship in other Member States are thrown into turmoil.

These EU member countries have their own laws which relate to residence and immigration that allows EEU nationals to have special status. Thus, in theory when Brexit Day passes and the UK is no longer part of the EEA or EU, these Brits no longer have the same rights and privileges.

It is a potentially tricky situation and as legal consultants and immigration specialists we invite you to contact us regarding your EU citizen legality and continued stay in the UK and Brits living and working in the EU.

You can follow the current developments on the subject via our site. You can contact us now for any questions you may have about EU Citizens Brexit.

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EEA VISA – European Economic Area Family Permit Q&A

Tuesday, 14 May 2019 by Lex Legal
  • What does EEA VISA Entail?

When an EU citizen lives or moves to the UK he or she can bring the family along. The family apply for the EEA Family Permit and holders can enter and exit the United Kingdom. This permit is valid for six months.

  • Is the EEA VISA Family Permit Sufficient or do you need an EU Residence Card?

The family permit is to clear entry into the UK. Since it is valid for six months you should apply for an EU Residence card. Successful applicants will receive a Biometric Residence Permit which is valid for five years.

  • Will an European Economic Area Family Visa Qualify You for Indefinite Leave To Remain?

When you have an European Economic Area Family Permit and remain in the UK for five years you could apply for Indefinite Leave To Remain. An EU citizen, as well as the accompanying family members, can apply.

  • If I Plan to Apply for Indefinite Leave To Remain can I travel while being a holder of a residence permit?

You should not travel and remain outside the UK for longer than six months per year or you will show that your permanent residence is outside the UK

  • Do You Need To enter the UK with the European Economic Area National?

You can join a member at a later stage too if you want to join them as a family member.

  • Can You Work In the UK with a Family Permit?

You will be able to live and work if you are a dependent of an EEA European Economic Area Citizen

EEA – Family Member Conditions

  • Civil partner
  • Spouse
  • Unmarried partner
  • Related to the civil partner or spouse as
  • Dependant extended family member
  • Dependent grandparent or parent
  • Dependent child or grandchild

EEA – Family Permit Requirements

  • None of the extended family members could be dependent on public funding.
  • The EEA national must already be in the UK or they should travel together.
  • The intent to live together must be demonstrated.

We specialise in helping you and your family with your UK visa and immigration applications. You can follow the current developments on the subject via our site. You can contact us now for any questions you may have about EAA-European Economic Area Family Permit Visa and its conditions.

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  • Published in UK Immigration
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Changes To Indefinite Leave To Remain Rules For Turkish Nationals

Tuesday, 14 May 2019 by Lex Legal

As we all aware that Home Office has suspended all applications for Indefinite Leave to Remain known as ILR for Turkish Business Person and Turkish Worker on 16 March 2018 with no further explanation. – Indefinite Leave to Remain Rules for Turkish

Today Home Office Has Published a Statement or Changes to the Immigration Rules.

The changes will effect all Turkish Business Persons and Turkish Workers. Those changes can be summarised into few categories;

In order to qualify for ILR all the applicants must demonstrate 5 lawful continuous years living in the U.K. The continuous period means that the applicant has not been absent from the UK for more than 180 days during ANY 12 months period unless the absence is in exceptional circumstances described in paragraph 39E of the Immigration Rules.

They must also demonstrate that they have sufficient knowledge of the English language and sufficient knowledge about life in the UK accordance with Appendix KoLL and,
They must have been able to support any family members with them without any help from public funds and,
Not fall for refusal under the general grounds for refusal ( any offences or convictions that would lead you to break the immigration law) and,
You must satisfy the Home Office that you have established, taken over or become a director of one or more genuine businesses in the UK and, has genuinely operated that business or businesses while you had leave as a ECAA business person and,
That you genuinely intend to continue operating one or more businesses in the UK.
We must also note it was mentioned on the publication dated 16 March 2018 that, it is not fair for Turkish Business Person or Turkish Worker to apply for ILR free of charge. For that reason there will be a fee for ILR applications made under this route.

Indefinite Leave to Remain Rules for Turkish – Current ILR application fee is £ 2,389.

For people already in the UK as a Turkish Business Person or Turkish Worker can not apply for ILR under a dependent child, partner or spouse route with the applicant unless their last grant was a dependent child, partner or spouse of that person applying for ILR.
Dependant children over 18 years of age, will have to demonstrate that they also have sufficient knowledge of life in the UK and sufficient knowledge of English language requirement in line with Appendix KoLL.

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  • Published in UK Immigration
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All About UK Fiance Visa

Tuesday, 14 May 2019 by Lex Legal

All individuals planning to get married to a British citizen possibly will apply for a fiance visa UK.UK Fiance Visa permit allows the permanent resident to bring in the spouse to join in the country and stay together.

It is also frequently known as the ‘prospective marriage visa and is unique from other spouse visa types since the sponsor and applicant needs not to have stayed together. The write-up explains all you need to acquire the visa successfully.

UK Fiance Visa Requirements

For anyone to be eligible and not to feel devastated during application, there is a need to meet the below criteria:

  • Both spouses must be 18 years old
  • Couple must have seen another
  • Both must be intending to stay together when married permanently
  • Whether divorced or unmarried, you must prove that the preceding relationship has terminated
  • Both must show the financial capability to maintain your needs and dependants without requesting public funds
  • The fiance ought to have savings or be paid at least 18,600 yearly to support yourselves.
  • Must have appropriate housing for bot including dependents

Wedding Arrangement.

 

This permit allows an individual to access the UK six months to the planned date of marriage to the fiance within the country. Also, when wedded, the partner visa is granted to permit the nonresident spouse to work at first for thirty months.
As long as the marriage remains for five years and the spouse meet financial requirements, then you qualify to apply for an Unlimited Leave to Remain.

 

English Language Test

 

The English language comprehension and fluency is a must-have for all non-English speaking applicants.
During the application, evidence of certification from accepted test providers is necessary. However, the spouses with a grade above the standard Bachelor’s UK degree are exempt from the assessment necessity.
Depending on the country you are applying for the fiance visa UK, other requirements passed the listed may be required. Therefore it is essential to confirm the eligibility before applying for the permit.
Otherwise, you may be expected to come back to your native home and submit the application through either the local Consulate, British Embassy, or High Commission.

 

We specialise in helping you and your family with your UK visa and immigration applications. You can follow the current developments on the subject via our site. You can contact us now for any questions you may have about UK Fiance Visa and its conditions

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  • Published in UK Immigration
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