Archive for 'UKBA'

Applying for Indefinite Leave to Remain in UK

Applying for indefinite leave to remain in UK

Indefinite leave to remain (ILR) can be defined as a status that allows a person to stay indefinitely in the UK without necessarily acquiring full citizenship. Here are the forms those who are applying for indefinite leave to remain can use.

Form SET(F)

For those applying for indefinite leave to remain, there is more than one way to acquire this status. Applicants need to consider their situation and apply with the correct form. Children–including adopted children–under the age of 18 can apply for ILR using Form SET(F) if they plan on living with a parent, parents, or relative who is a resident of the UK. A person’s relative or guardian who is over the age of 18 can also apply for ILR by using Form SET(F).

Form SET(DV)

Those applying for indefinite leave to remain using Form SET(DV) must meet all of the following conditions: (a) must receive permission to stay in the UK for up to 27 months or must be able to extend his or her visit to two years as a partner of a resident; (b) must remain in this relationship he or she was in when they arrive to the UK or must extend his or her stay as the resident’s partner; (c) must present evidence that his or her relationship with the resident is permanently over because of domestic violence.

Form SET(M)

Those who have lived in the UK for two years and has the intention of staying in a relationship with a partner who is also a citizen can apply for indefinite leave to remain by using Form SET(M). However, applicants must have arrived in the UK or applied for permission on or earlier than 8 July 2012. Otherwise, they will have to stay in the UK for five years instead of two.

Form SET(O)

Applicants that need to stay for five years will need to apply to Form SET(O). Furthermore, those who have lived in the UK for more than four years may apply to Form SET(O). This form grants ILR to those who have lived in the UK for four years with a visa that has been labeled under the Highly Skills Migrant Programme (HSMP) and Employment Not Requiring Work Permit. However, his or her visa must have been issued these titles before 3 April 2006.

Five Years and Above

Those who have lived in the UK for five years and have a visa that dictates they are retired and independent or a representative of a business or firm need to apply to Form SET(BUS). Those who have lived in the UK for six years with Discretionary Leave need to apply using Form HPDL. Those who have lived in the UK for ten years without leaving once can apply using Form SET(LR) but must have lived in the country lawfully for those ten years. Those who have lived in the UK for more than ten years will need to live for an additional ten years in order to apply to for ILR.

Requirements can change so you should check current requirements at  https://www.gov.uk/browse/visas-immigration/settling-in-the-uk or speak to an immigration lawyer.

To get Indefinite Leave to Remain you will normally need to pass the Life in the UK test which examines your knowledge of British customs and traditions. If your age is under 18 years or over 65 years then you do not need to take the test. In addition to the Life in the UK test you will also need to pass English Language Speaking & Listening B1 test. You can register today at our B1 test centres for The Trinity College London B1 test, GESE grade 5 Speaking & Listening exam. This is an English Language Test accepted by the British Home Office and UKBA.

 

Official ESOL B1 Test Sheffield

English B1 test Centre Sheffield

You can book your B1 test in Sheffield, South Yorkshire. The speaking and listening English exam, for British Citizenship, Naturalisation, Indefinite Leave to Remain or Spouse/Partner Visa can be taken at the Trinity College official exam centre in Sheffield. There are B1 tests in Sheffield held regularly at Learn for Life Enterprise. This is a well established Sheffield ESOL learning centre which,as it has for many years, specialises in ESOL at all levels including pre-entry, level one, level two and level three.

This popular official Yorkshire test centre for Trinity College provides helpful ESOL preparation courses for the A1 test and B1 test in Sheffield. You can also get on-the-day B1 test preparation from experienced tutors. The on-the-day preparation includes practice exam, revision help, exam tips, and topic form help

In addition, the B1 test centre offers preparation classes for the Life in the UK test.  The Life in the UK Preparation Course is for 6 x 2 hours over 3 weeks and you can attend as many as you need, even repeating some if necessary.

You will find the staff at Learn for Life Enterprise very helpful and friendly. They will do their best to look after you and make you feel welcome and at ease for your English exam.

ESOL B1 test Sheffield

The UKBA approved ESOL B1 test is from Trinity College. This is the GESE grade 5 exam in Speaking and Listening at Level 3.  The  B1 test for Speaking & Listening exam  consists of a ten minute one-to-one interview with an official examiner from Trinity College London who undertakes the exam in their official Sheffield B1 test centre.

The B1 test aims to replicate real-life conversation in which the candidate and the examiner exchange and pass on information, share ideas and opinions and debate topical issues.

B1 test Sheffield

This UKBA Home Office approved English Language Test – Speaking & Listening test at B1 entry 3 level is required  for applicants for UK Citizenship. If you are applying for UK Citizenship/British Naturalisation you will also need to pass the Life in the UK test.

Preparation for ESOL B1 test Sheffield

If you wish to prepare for your ESOL B1 test in Sheffield, the optional B1 test Preparation Course is for 4 x 2 hours over 2 weeks. It includes workshops, practice B1 exam and B1 revision material.

A1 Test Preparation

The A1 test is suitable for Spouse and Partner Visas on FLR (M) and suitable for Parents of Dependents FLR (O). This A1 English test is a UKBA Home Office approved Secure English Language Test – SELT – Speaking & Listening test.

If you would like to prepare in Sheffield for your ESOL A1 test, then our A1 test Preparation Course should be suitable for you. It is 4 x 2 hours over 2 weeks which includes useful workshops, practice A1 exam and A1 revision material.
Please note that for Visa purposes you will need to take your A1 exam at a registered SELT centre of your choice.

Booking your ESOL speaking and listening B1 test in Sheffield

You can book your  B1 test in Sheffield, South Yorkshire or speaking and listening exam/test preparation course for B1, A1 ESOL or Life in the UK  by clicking here: SHEFFIELD English Exam A1 and B1 preparation courses and B1 Test Centre Sheffield

Family Migrants Minimum Income Threshold

Minimum income threshold for family migrants

On the 5th July 2013, the High Court handed down its judgment in a Judicial Review of the minimum income threshold for spouses/partners and children applying in the family route.

The Home Office has paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable us to consider the implications of the judgment.

A Home Office spokesperson said: ‘Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We’re pleased that this judgment supports the basis of our approach.

‘We are looking closely at the judgment and its likely impact on the minimum income threshold before we decide how to respond. In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold.’

However, The Home Office today, 26th July 2013, filed its appeal against a High Court judgment on the minimum income threshold for spouses/partners and children applying in the family route.
The judgment affects non-EEA national spouses/partners and children applying to settle in the UK with someone who is already resident here.

The Home Office will continue to put on hold decisions in some spouse/partner and child settlement visa and leave to remain applications until the case is finally determined by the Courts.

A Home Office spokesperson said: ‘Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We are pleased that the High Court judgment of 5 July supports the basis of our approach.

‘However, we believe matters of public policy, including the detail of how the minimum income threshold should operate, are for the Government and Parliament to determine, not the Courts. We also believe the detailed requirements of the policy are proportionate to its aims. We are therefore pursuing an appeal against the judgment.

‘We have asked the Court of Appeal to expedite this. In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold.’

You will find the latest information on the Home Office Website

 

 

UK Border Agency transition to Home Office

UKBA’s transition to the Home Office

On 1st April 2013 the UK Border Agency was split into two separate units within the Home Office: a visa and immigration service and an immigration law enforcement division.

The rationale is that by creating two entities instead of one, they will be able to create distinct cultures. First, a high-volume service that makes high-quality decisions about who comes here, with a culture of customer satisfaction for businessmen and visitors who want to come here legally. And second, an organisation that has law enforcement at its heart and gets tough on those who break  immigration laws.

Over time  the content from the UK Border Agency’s website will be moved to the Government’s digital service at www.gov.uk. In the meantime, new and updated content added will reflect the new Home Office structure and brand.

These organisational changes to the UK Border Agency do not affect the validity of any reference to the agency in any document or form on their website. The UK’s Immigration Rules will also remain in force.

UK Border Agency with biometric information

From 1st December 2012, the requirement to provide the UK Border Agency with biometric information is changing.If you are from outside the European Economic Area or Switzerland and you are granted permission to stay in the UK for more than 6 months on or after 1st December 2012, you must apply for a biometric residence permit (if you have not already done so). If you are affected by the change the UKBA  will write to you about how to apply for your biometric residence permit.

This is to ensure that from 1st December they only issue this new format of immigration status document. This is to meet our obligations under European legislation.

Biometric residence permits are replacing older forms of documentation and the new format is helping employers and other bodies to check the immigration status and entitlements of foreign nationals. They are both simpler to understand and are more convenient for foreign nationals living in the UK to use. The application process also enables the agency to check a person against both our records and police fingerprint records.We have been rolling out biometric residence permits to different visa categories over the last 4 years. This means that applicants have been enrolling their biometric information (fingerprints and facial images) to apply for a biometric residence permit at the same time as making their application to stay in the UK.

Some people will have applied to stay in the UK before there was a requirement to provide biometric information in their category, and will not have provided their biometric information. If these people are granted permission to stay on or after 1st December 2012, either at first consideration or after a successful appeal, they will need to apply for a biometric residence permit.These measures are helping to combat illegal immigration, abuse of the immigration system and the misuse of public funds.

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.

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.

Family Migration Changes announced by UKBA

On 11th June 2012 the Government announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route.

The new Immigration Rules will also unify consideration under the rules and Article 8 of the European Convention on Human Rights, by defining the basis on which a person can enter or remain in the UK on the basis of their family or private life.

Most of these changes will apply to new applicants from 9 July 2012.

Tier 4 Sponsors Student Visas update

Educational oversight of Tier 4 sponsors: enhanced role for QAA and ISI.

In March the Home Secretary announced changes to Tier 4 of the points-based system for student visas.

A key part of the reforms is to strengthen the conditions which an education provider has to satisfy before they are allowed by the UK Border Agency to ‘sponsor’ an international student to study in the UK. This involves the oversight of their education provision and their compliance with immigration requirements.

As regards educational oversight, they announced that from the end of 2012 all sponsors would need to have had a satisfactory inspection or review by one of a number of specified bodies who are involved in the delivery of the regulatory framework for educational standards in the UK (‘the educational oversight bodies’). The full list of approved educational oversight bodies is set out. This is a shorter list than the previous one.

The UK Border Agency announces that the Quality Assurance Agency for Higher Education (QAA) and the Independent Schools Inspectorate (ISI) have agreed in principle to extend their activities to carry out additional reviews as follows:

QAA will review:

other private higher education providers offering courses normally awarded in accordance with the Frameworks for Higher Education Qualifications; and

’embedded’ colleges offering courses as a pathway into higher education.

ISI will inspect privately funded further education colleges offering courses on the QCF/NQF, and also English language schools.

This forms the enhanced role for QAA and ISI.