Immigration Status

Conditions attached to Limited leave to remain

Where a person is granted a limited leave to enter or remain in the UK as a visitor he/she shall abide by the following conditions:

  • He/she should not start any work/employment or occupation
  • Maintain and accommodate himself/herself and family members without any recourse to public funds
  • Register with the police (some visitors of certain countries may have to register with police as well), or
  • Report to an immigration officer
  • Certain other conditions about residence

Entry Clearance

All visa nationals (refer to chapter 2) require entry clearance from the British High Commission in their own country which is normally in the form of a visa (usually a stamp or a sticker on the passport).

In the case of Non -Visa nationals (refer to chapter 2entry clearance is normally required for a stay of more than six months.

Visitors

  1.   Standard Visitor Visa
  2.   Marriage Visitor Visa
  3.   1 month Permitted Paid Engagements Visa
  • Application must be made at the designated post in the country
  • Once the online application is submitted the applicant is provided with an appointment to produce their original passport and supporting documents and pay an appropriate fee, where the fee has not already been paid online
  • Nationals of certain countries must also provide a result for compulsory Pulmonary Tuberculosis (T.B.) when they are applying to enter in the UK for more than 6 Months

Biometric Information

  • All applicants for entry clearance are now required to provide a 10-digit finger scan and a digital photograph when applying for entry clearance
  • The appointments are pre arranged/pre-booked
  • The biometric data is stored on a central government data base in the UK and it is normally compared and checked against UK government records

Refusal of Entry Clearance (Mandatory Grounds)

The entry clearance will be refused in the following circumstances

  • Where entry clearance is requested for a purpose not covered by the rules
  • Applicant is currently subject to a deportation order
  • Applicant has a criminal conviction
  • Applicant has not provided a valid passport or other documents which can establish his/her identity beyond any doubt
  • Where the Secretary of State has excluded such person from entering the UK
  • Medical grounds, where it is undesirable to admit such person in the UK
  • False representation including submission of false documentation
  • Withholding material facts

Example

Ali applied for a Visitor visa for the UK and submitted his application form in Dhaka, Bangladesh. He has falsely stated in his application that he is a Bank Manager and earns a certain amount of wages in a month. Following a routine check, it is discovered that he is just a cashier in the bank with low wages

Ali’s application will be refused on the grounds of false representation including submission of false documentation and withholding material facts

Previous Breach of UK’s Immigration law

An application for entry clearance will also be refused, where the applicant has previously breached the UK’s immigration law and he/she was also over 18 years of age at the time of the breach of immigration law. These breaches include:

  • Overstaying for more than 90 days
  • Breaching conditions attached to the stay/leave
  • Applicant was an illegal entrant in the UK
  • Used deception in the previous application for entry clearance, leave to enter or remain
  • Such applicant is time barred for making a new application. The time limits are given below

Time Restrictions for new Application

Reason

Length of time Ban

Applicant previously, overstayed in the UK for less than 90 days

But left the UK voluntarily

At his/her own expense

NO Ban

He/she can re-apply any time for Entry Clearance for a visitor, student, marriage and other categories

Applicant entered the UK illegally, overstayed for more than 90 days

Breached condition of his stay or used deception while he was in the UK

But left the UK voluntarily

At his/her own expense

1 years Ban, from the date, left the UK, before

He/she can re-apply any time for Entry Clearance for a visitor, student, marriage and other categories

Applicant entered the UK illegally, overstayed for more than 90 days

Breached condition of his stay or used deception while he was in the UK

But left the UK voluntarily

However, at the expense of Home office

Within 6 months of been notified or served with removal Notice

Within 6 months of exhausting appeals

Or within 6 months of exhausting administrative review process

2 years Ban from the date left the UK, before

He/she can re-apply any time for Entry Clearance for a visitor, student, marriage, Business and other categories

Applicant entered the UK illegally, overstayed for more than 90 days

Breached condition of his stay or used deception while he was in the UK

But left the UK voluntarily

However, at the expense of Home office, or

Removed from the UK as a condition of caution

5 years Ban from the date left the UK, before

He/she can re-apply any time for Entry Clearance for a visitor, student, marriage, Business and other categories

Applicant used deception in an application for entry clearance

Where the applicant is removed or deported from the UK

10 years Ban from the date deception used or removed from the UK, before

He/she can re-apply any time for Entry Clearance for a visitor, student, marriage, Business and other categories

Refusal of Entry Clearance (Discretionary Grounds)

These are the grounds on which entry clearance and leave to enter should normally be refused by immigration office:

  • Failure to supply any information, documents, medical reports or other documents which are expressly or formally requested
  • Where an applicant intentionally
  1. Overstayed
  2. Breached conditions of his/her leave
  3. Illegally entered the UK
  4. Used deception for entry clearance, leave to enter or remain
  5. Absconded, did not meet conditions for his/her temporary admission
  6. Breached reporting restrictions or bail conditions
  7. Made frivolous (unnecessary, groundless) applications
  • Refusal by a sponsor to provide undertaking in writing to be responsible for the applicant’s maintenance and accommodation
  • Applicant refuses to undertake a medical test when asked by immigration authorities
  • Relevant criminal convictions
  • Applicant’s presence in the UK is considered harmful for the British public
  • Applicant failed to pay his/her NHS bills which are at least £1000

Leave to Enter in the UK

Everyone on their arrival at any UK airport or other port must obtain leave to enter (except British Nationals)

An immigration officer has authority and power to examine any person in order to determine

  • Whether the person is a British citizen, if not, then
  • Whether the person has indefinite leave to remain, if not, then
  • Whether the person has a valid leave or should be given a leave and for what time period and on what conditions, or
  • Whether to cancel or refuse the leave

An immigration officer ascertains these facts and may grant limited leave or refuse the leave to enter, where a false representation was made or change in circumstances since the entry clearance was granted, or due to criminal conviction or medical grounds or on restricted return ability

  • An immigration officer may also grant a temporary admission where they are unable to decide quickly whether to grant leave to enter or refuse it. They also have the power to impose other conditions as well

Leave to Remain in the UK

An applicant in certain categories is permitted to apply to Home Office to vary his/her limited leave. He can ask for an extension, removal of time limit, or removal or addition of certain conditions

  • applications must be made before the expiry of the time limit or current visa
  • The applicant’s existing immigration status is preserved till the new decision is made by the Home Office

Procedure

A further leave to remain in the UK can be applied through the following procedure

Application Forms

The first step is to identify the right application form as wrong application form may invalidate an application and will have a severe impact on obtaining further grants of leave to remain in the UK

FLR(M): this form should be used for

  • an extension to stay in the UK as the partner of a person present and settled in the UK,
  • the partner of a person with a limited leave as a refugee or
  • with Humanitarian protection, or
  • on the basis of a right to family and /or private life

FLR(HR0): this form should be used for

  • Human Rights claims
  • For leave outside the rules
  • For other routes which are not covered by other application forms

FLR(FP): this form should be used for

  • Application for leave to remain in the UK on the basis of your family life as a partner, parent or dependent child or
  • on the basis of your private life in the UK and for a biometric immigration document

SET(DV): This form should be used for

  • Application for Indefinite Leave to Remain in the UK as a victim of Domestic Violence

SET(M): This form should be used for

  • Application for Indefinite Leave to Remain in the UK as the spouse, civil partner or unmarried partner of a person who is present and settled in the UK

SET(O): This form should be used for

  • Application for Indefinite Leave to Remain in the UK on the completion of 5 years of continuous leave to remain in the UK in categories of
  • Tier 1 entrepreneur, or
  • Investment migrant, or
  • By a person with UK ancestry
  • Long Residence in the UK
  • Bereaved partner or
  • For any other purpose or reason not covered by another application form

SET(F): This form should be used for

  • Application for Indefinite Leave to Remain in the UK as a family member (other than husband and wife or unmarried partner)

SET (BUS): This application form should be used for

  • Application for Indefinite Leave to Remain in the UK as a retired person of independent means or
  • Representative of an overseas business and a biometric immigration document

Tier 1(Entrepreneur): This application form should be used for

  • Application to switch or extend stay as an entrepreneur (Please refer to chapter 11)

Tier 1(Graduate Entrepreneur): This application form should be used for

  • Application for leave to remain as a graduate entrepreneur (Please refer to chapter 11)

Tier 1(Investor): This application form should be used for

  • Application to switch or extend stay as an investor (Please refer to chapter 11)

Tier 2(Migrant): This application form should be used for

  • Application to switch or extend stay as a tier 2 migrant (Please refer to chapter 11)

Tier 4 (general): This application form should be used for

  • Application for extension or extending stay as a student (Please refer to chapter on Students)

Tier 5 (Temporary Worker): This application form should be used for

  • Application for leave to remain as Tier 5 temporary worker (Please refer to chapter 11)

Important

It is important that the specified form should be used and payment must also be made in a specified form. All parts of the form must be filled in. All applicants must provide the requested biographical or biometric information. Photographs must comply with the Home Office’s requirements. All forms must be signed and delivered or posted in the required manner.

Overstaying

An applicant overstays his visit when he remains or stays in the UK beyond

  • The time period he was legally allowed to stay
  • Or beyond the time period of extension of his stay
  • Or where he/she stays beyond the date that an applicant receives the notice of invalidity, declaring that an application for further leave to remain is not a valid application, provided the application was sent before the expiry of the last visa

Example

John’s student visa was valid until 2nd August, 2017, on 1st of August he sent a new application for extension of his stay as a student, However, John forgets to sign, and provide necessary documents or sent the wrong application form. John will be an over stayer from the date when he receives the notice of invalidity of his application.

Suppose Home Office has sent him the notice of invalidity on 8th of August, John will be over stayer from this particular date.

Curtailment of Existing Leave to Enter or Remain

Home office also has the power to curtail (cut short) the existing leave to remain and remove the person from the United Kingdom upon

  • False representation
  • Withholding material facts from Home Office in the previous or current application
  • Failure to maintain and accommodate himself and family without recourse to public funds
  • Or where a person has committed a serious offence in the first six months of his stay and has been sentenced to a period of imprisonment

Settlement

A person is considered to be a settled person if he is not subject to any immigration control. The settlement is often acquired through indefinite leave to remain. The term Settled is used to cover British Citizens, Commonwealth Citizens who have a right of abode and people who are on Indefinite leave to remain.

Important

A person who has been granted indefinite leave to remain in the UK and then leaves the UK to stay in another country, such a person no longer holds settled status and is no longer considered as ordinarily resident in the UK.

A person who wants to maintain the status of settled person after indefinite leave to remain must not remain absent for more than 2 years. However, every time when he/she arrives at any airport he must obtain entry to leave (please refer to entry to leave)

Long Residence rule

A person can acquire settled status through the long residence rule, where he/she has continuously lived in the UK for a long-time period usually 10 years. Temporary absences of less than six months will not break the requirement of continuous residence

Events which will break the continuous residence

  • Removal or deportation from the UK
  • Applicant left the UK with clear intention not to return
  • Applicant left the UK in circumstances where his/her return was not reasonably expected
  • Applicant is convicted of an offence and was imprisoned
  • Applicant has spent a total of more than 18 months absent from the UK during the period in question

10 years Residence Provision

requirements to fulfil for the 10 years long residence rule are the following

  • Must have 10 years continuous lawful residence in the UK
  • Must be of good character
  • It is not undesirable to grant him Indefinite Leave to Remain based on his/her
    1. Age,
    2. Strength of connection in the UK
    3. Personal history, including, character, conduct, associations and employment records
    4. Domestic circumstances
    5. Compassionate circumstances
  • The application does not fall for refusal under the general grounds for refusal
  • Applicant must also show sufficient knowledge of life in UK and English proficiency unless he is minor which is that he is under the age of 18 years or the applicant is a person over the age of 65 years

Other factors which may help an applicant in his/her application for long residence

  • Family life of the person and his connections in the UK
  • Marital relationship, close family and friends,
  • Any school aged children, or dependent children who have adopted to life in the UK, this could be a major factor or reason against a refusal
  • Owning a property or a business

Criminality requirement

The person applying for indefinite leave to remain is required to show that he does not have any relevant convictions. By conviction, it means any criminal offence in the UK or in any other country

Health Surcharge

Certain applicants are required to pay a health surcharge. Mostly the applicant for limited leave to remain, leave to enter or for further extension to leave to remain, for more than 6 months has to pay it

Surcharge

It is paid currently at a rate of £150/year per applicant for Tier 4 Student, Tier 5 (Youth Mobility) Temporary migrant and £200/year per person for all other applicants. Failure to pay a health surcharge will result in severe immigration issues and their application will not be a valid application. For further details and advice please consult legal ally’s experienced immigration lawyers who will support and guide you throughout your immigration issue.

 

Disclaimer

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.