Exam, Visa & Immigration News Archives

Life in the UK test handbook update

An updated Life in the UK Test: Handbook 2014: Everything You Need for the British Citizenship Test is now available to buy.

The new handbook supports the UK Border Agency’s Life in the UK test for migrants wishing to seek permanent residence in the UK or naturalisation as a British citizen.

It has been updated to provide the reader with a more accurate reflection of living in the UK, with a greater focus on British culture and history. The handbook is user-friendly and has taken on board feedback from the user evaluation survey, the public and other interested parties.

The Life in the UK test handbook celebrates British achievements and prominent individuals in the fields of science, culture, literature and sport. It also highlights the natural beauty and major landmarks of the UK. There is information on government, democracy, the legal system and how individuals can contribute to their community, plus a greater emphasis on the responsibilities as well as privileges of living in the UK.

It will fit easily into a pocket or bag and includes useful ‘check that you understand’ boxes at the end of every section, and a glossary of key words and phrases.

A new Life in the UK test will be introduced after publication of the new handbook, to allow candidates time to prepare. Unlike the current test which only has questions on selected chapters, the new test will include questions on all sections of the new Life in the UK test handbook, meaning that candidates will be tested on their knowledge of history and the law.

Now the updated version for 2014 is here:

 

Tier 1 Entrepreneur Visa change

For Tier 1 Entrepreneur Visa from December 13th 2012, the English language requirement is being lowered from level C1 (advanced) to level B1 (intermediate), in line with other Points-Based System categories, in response to concerns that the high requirement was a possible deterrent to potentially successful entrepreneurs.  This change is also being made to the Tier 1 (Graduate Entrepreneur) category for consistency (although it has no practical consequence in this category, as applicants pass the English language requirement automatically if they meet the separate requirement to have passed a UK degree).

Leave to Remain – Family and Private Life Basis

Extending Visas

Apply for leave to remain under one of the family of partner routes on the basis of family or private life

The UKBA states that since 9th July 2012 if you wish to remain in the UK on the basis of your family or private life you must apply under one of the family or partner routes. We will not consider any application made on the basis

of your family or private life under any other categories, including:

  • Tier 1 (Exceptional talent);
  • Tier 1 (Entrepreneur);
  • Tier 1 (Investor);
  • Tier 1 (General);
  • Tier 1 (Graduate entrepreneur);
  • Ter 2 (General);
  • Tier 2 (Minister of religion);
  • Tier 2 (Sportsperson);
  • Tier 2 (Intra company transfer);
  • Tier 4 (General);
  • Tier 4 (Child);
  • Tier 5 (Temporary worker – creative and sporting);
  • Tier 5 (Temporary worker – charity workers);
  • Tier 5 (Temporary worker – religious workers);
  • Tier 5 (Temporary worker – government authorised exchange);
  • Tier 5 (Temporary worker – international agreement); or
  • Tier 5 (Youth mobility scheme).

If you wish UKBA to consider an application on this basis you must apply under the correct route, using the appropriate application form:

  • FLR(M) for the 5-year partner or parent route;
  • FLR(O) for the 10-year partner or parent route; and
  • FLR(O) for the 10-year private life route.

A request for leave to remain on the basis of family or private life will be considered under Appendix FM and paragraph 276ADE of the Immigration Rules.

Applications from Overstayers

Changes to applications from overstayers from 1st October 2012

Following the UKBA announcement in June 2012, see news of changes to applications from over-stayers , from 1st October 2012 applications for further leave will be refused if you have overstayed your leave by more than 28 days at the point you made your application. The new rules already apply to applications made under the family migration route and, from 1st October 2012, will apply to applications under the remaining routes which were made on or after 9th July 2012.

If you have limited leave to remain you must ensure you apply to extend your leave in good time if you are applying for further leave under:

  • the points-based system;
  • all working and student routes;
  • visiting routes;
  • long residency routes;
  • discharged HM Forces; or
  • UK ancestry routes.

If you have limited leave to remain you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.

Switching from study to Tier 2

The rules changes do not affect the existing requirement for migrants seeking to switch from a study route into Tier 2 of the points-based system. If you are seeking to switch from a study route into Tier 2 you must have valid leave to remain at the point you make your application.

Applying under Tier 4

If you are applying to extend your Tier 4 (Student) leave the gap between the end of your current leave and the start of your studies must be no more than 28 days.This change will affect all Tier 4 applications for further leave to remain that are made on or after 1st October 2012

Advice for students to the UK

Advice for students preparing to come to the UK to study

If you are a student looking forward to traveling to the UK to begin your studies here this year you can now start preparing for your journey. As part of your preparation the UKBA want to help you ensure that you have everything you need to get through the UK border as securely and quickly as possible.
This advice explains some of things you can do to help with this.
1. Make a note of a suitable UK contact including full name, address and a phone number which will be required when you complete your landing card.
2. Ensure you complete your landing card before you meet the Border Force officer in the UK.
3. If you carry your passport in a protective wallet, please take it out before you present it to a Border Force officer.
4. Never give false or misleading information (including forged or counterfeit documents) to a Border Force officer.
5. Have your university confirmation of acceptance for studies (CAS) letter and medical card (if you have one) in your hand luggage that you carry with you on to the aircraft. If you don’t have a CAS letter, please bring thorough details of your course of study.
6. There are restrictions on food products that you can bring to the UK from outside the European Union, even for personal use. Restrictions apply to products made from meat, dairy, fish, eggs and honey, as well as some fruit, vegetables and plants (e.g. bulbs, seeds, cut flowers and tree bark).
7. There are also restrictions on the amount of goods such as tobacco, alcohol and gifts you can bring in the UK. If you exceed your allowances all of your goods can be taken away from you.
8. Never bring in counterfeit goods, illegal drugs, firearms (including realistic imitations), offensive weapons (including knives) or indecent or obscene material.
9. Make sure you are familiar with the conditions of your visa including the number of hours you are allowed to work.
10. You must declare any sums of cash of €10,000 or more (or the equivalent in another currency) if you are travelling from a country outside the European Union.

With this information above you can ensure you pass through the UK border securely and as swiftly as possible. There is more useful information here: https://www.gov.uk/tier-4-general-visa

 

New FLR (M) and FLR (O) application forms

New  versions of FLR (M) and FLR (O) application forms

The new versions of the FLR(M) and FLR(O) application forms were published yesterday on 9th July.

If you are applying as a partner for leave to remain (permission to stay) on or after 9 July 2012, you must use the new version of the FLR(M) form dated 07/2012. Any applications received after 9 July 2012, which are not on the new form will not be accepted. The postmarked date will be considered to be the date of application for postal applications.

The new rules state that if you are applying as a parent of a child in the UK for leave to remain (permission to stay) on or after 9 July 2012, you must use the new version of the FLR(O) form dated 07/2012. Applications received after 9 July 2012, which are not on the new form will not be accepted. The postmarked date will be considered to be the date of application for postal applications.

There is more information about the various changes to immigration rules brought in on the 9th of July on the UKBA website.

Family Visit Visa Appeals Change

Immigration Appeals (Family Visitor) Regulations

Regulations 2012 come into force today (9th July 2012). The regulations set out who qualifies for a full right of appeal against a visa refusal to visit family in the UK.

This change was originally announced by the government on 18th June 2012, the Immigration Appeals (Family Visitor)

These regulations change the appeal rights of family visit visa applicants. If you are applying to visit your uncle, aunt, nephew, niece, first cousin, or a relative who does not have settled, refugee or humanitarian protection status in the UK, and your visa application is refused, you will not have a full right of appeal. A limited right of appeal will remain on human rights and race discrimination grounds.

New interviews for student visas

This summer, 2012,  UK border agency officers will be given new powers to interview international students and refuse visas if they are not satisfied the applicant is genuine, immigration minister Damian Green announced today. The targeted interview system will be introduced ahead of the summer surge in student applications. Officers will concentrate on uncovering abuse in countries where it has been most prevalent.

Across the globe high-risk applicants will be identified and asked a number of questions about their immigration and education history, study and post-study plans, and financial circumstances. During the next year it is expected the agency will carry out up to 14,000 student applicant interviews.

Following a successful pilot, UK Immigration Minister Damian Green has announced that a targeted interview system for students will be introduced this summer and will concentrate on high-risk applicants.

If you are a student, you may be interviewed and asked a number of questions about your immigration and education history, study and post-study plans, and financial circumstances. We expect to interview up to 14,000 students in the next 12 months. We will refuse visas if we are not satisfied that you are a genuine student.

Immigration Minister Damian Green said: ‘With more interviews and greater powers to refuse bogus students we will weed out abuse and protect the UK from those looking to play the system.

‘Under the current system UK Border Agency officers are unable to refuse some applications even if they have serious concerns over the credibility of the student – we are toughening up the system to ensure genuine students benefit from our country’s excellent education sector.

‘Britain is open for business to the brightest and the best migrants but the message is clear – if you lie on your application form or try to hide your true motivation for coming to the UK then you will be found out and refused a visa.’

Today’s announcement follows an interviewing pilot carried out by the agency last year to tackle concerns about the legitimacy of some applicants. More than 2,300 student visa applicants were interviewed in 13 overseas posts with the aim of testing how effective face-to-face interviews would be – in addition to existing strict application processes that consider fraud and other factors.

Under a pilot system carried out by the Home Office late last year, around a fifth of the applicants were refused entry to the UK based on their interview. The Home Office concluded that one of the main issues was the inability of interviewees to display the required level of English. Some were unable to answer basic questions in English without the aid of an interpreter – despite stating on their application forms that they had the necessary language qualifications to study at higher and further education standards in the UK.

Other government .  Over 450 colleges are no longer able to bring in students from overseas. In addition the number of student visas issued has fallen by 21 per cent over the last year. The new powers will come into force on 30 July 2012.

Changes to Family Migration Rules

Immigration Rules Update

A number of changes to the Immigration Rules came into effect tomorrow 9th July 2012. These changes will affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route.

These changes will define the basis on which a person can enter or remain in the UK on the basis of their family or private life, unifying consideration under the rules and Article 8 of the European Convention on Human Rights.

However if you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9th July 2012 if you apply for settlement.

Applications from Overstayers UKBA Update

Changes to applications from over-stayers

This UK Home Office warning to overstayers, includes students.

From 1st October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused. This change in the Immigration Rules will affect applicants applying for further leave under:

  • the points-based system;
  • all working and student routes;
  • visiting routes;
  • long residency routes;
  • discharged HM Forces; or
  • UK ancestry routes.

If you have obtained limited leave to remain you must ensure you apply to extend your leave, if needed, in good time. If you wish to remain in the UK after the 28 day period you should therefore leave the UK and reapply for a visa. This change is in line with the new immigration rules coming into effect for the family migration route from 9th July 2012.

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