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Information on this website is for general purposes. It is important that you get professional advice on your immigration matters. The information provided on the website is not intended to be legal advice, but merely conveys information related to legal issues commonly encountered. The information provided is intended to be predominantly informational and designed to increase awareness. This information is not intended to create any legal relationship between ICS Legal and the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between sender and receiver.
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Coming to the UK
How many routes are there available to come to the UK? You are able to come to the UK to study, work or even for a short holiday.
Do I have to inform the Entry Clearance Officer my true intentions? This is the most important part where you have to satisfy the ECO. The Home Office understands that people's circumstances do change, but you must inform them immediately of any changes. If you fail to do, they can ban you from the UK.
How long can I remain on a short visitor visa? Can I extend after the visa has run out? If you are coming to the United Kingdom as a general visitor you are allowed to stay for up to six months. There are restrictions placed for those who come into the UK on a short visit , for example you are not allowed to work in the UK or undertake business activities to name few. You are able to extend your visa on a discretionary basis. The only basis you can extend your visa is for example, if your visa was issued on January and you did not fly out until March, you can extend your stay for the remaining two months, however you must provide grounds as to why you did not fly out when the visa was issued.
Where can I make the application for an entry clearance? This depends from country to country as there is different procedures in placed.
Can I get a UK sponsor? The sponsor will have to provide the following:
- evidence of your own immigration status in the United Kingdom; and
- a letter of sponsorship explaining your relationship to the person who is applying, the purpose of the visit and where your general visitor will stay.
If the sponsor will provide financial support and accommodation for your general visitor and/or pay for his/her travel to the United Kingdom, you should send the Home Office the following as evidence that they are able to do so:
- copies of their bank or building society statements and payslips for the last six months; or
- a copy of their savings account book.
If the sponsor is sponsoring a person for the purposes of business, the Home Office may ask you to send them a letter from their company outlining the links between your companies, and explain what you as a visitor will be doing and whether their company is paying for the trip.
Will it help if you act as a guarantor for your general visitor? You cannot guarantee that the person you are sponsoring will leave at the end of his/her visit. If we decide that your general visitor cannot enter the United Kingdom, it does not mean that we doubt what you have told us. It is because, under the immigration rules, it is the general visitor who must satisfy the entry clearance officer or the immigration officer (or both) that he/she qualifies for entry.
Working in the UK
How many routes are there avilable to come to the UK and work?
- For highly skilled workers, investors and entrepreneurs - Highly skilled workers, investors, entrepreneurs and foreign students who have graduated from a United Kingdom university can apply under our new points-based system. You do not need to have a specific job offer, but you will need to pass a points-based assessment to be eligible to apply.
- Sponsored skilled workers - If you have a job offer from a UK-based employer who is prepared to sponsor you, you can apply for permission to enter or stay in the United Kingdom.
- Temporary worlers - If you want to come to the United Kingdom to undertake short-term, temporary work there are specific arrangements for you.
- For workers from the EU and Switzerland - If you are a national of the European Economic Area (EEA) or Switzerland, you are free to enter and stay in the United Kingdom. If you are a national of a state that recently joined the European Union, you may have to register with us or apply for our permission before you start to work.
- Other categories - The categories within this section are domestic workers; sole representatives of overseas firms; and representatives of overseas newspapers, news agencies and broadcasting organisations.
Can I bring dependants? Yes. You can bring your partner and your children under the age of 18. For the purposes of EU, the children have to be under teh age of 21. However there are strict guidelines and policies that have to be met.
Can I do an extra job if I am under the Tier 2 Skilled Workers scheme? You can do extra work to the job that you have a certificate of sponsorship for if:
- it is in the same profession at the same professional level as the job that your certificate of sponsorship is for;
- the work is no more than 20 hours a week;
- the work is outside the working hours that the certificate of sponsorship is for.
You do not need to inform the Home Office about any extra jobs you take, and can do voluntary work in any sector.
You must not be paid or receive other money for the voluntary work, except reasonable expenses as in section 44 of the National Minimum Wage Act. See the OPSI website on the right of this page for more information about the National Minimum Wage Act.
What if the second job I do under the Tier 2 Skilled Worker scheme is not the same one as my work permit? You can apply to do a second job that is not the same profession as the job your certificate of sponsorship is for and is not an extra job as above, for example a job that is over 20 hours a week. But you must have a new certificate of sponsorship for this work from a sponsor.
You cannot apply for a second job until you have started working for your first sponsor (the one that gave you your certificate of sponsorship that allowed you to come to the United Kingdom). You will have to meet the points-based assessment for the category.
You will have to apply again and include a letter to say that you want to change your existing permission to stay. The letter must include:
- your name;
- your date of birth;
- your certificate of sponsorship reference number (from the permission to stay you want to change);
- confirmation of when your current permission to stay runs out.
I want to change my job, what is the process and what happens to my leave? If you have permission to enter or stay in the United Kingdom under tier 2, you can apply to change your job either in the same organisation or in a new organisation. You must apply again and meet all the points' requirements. You will not have to resend evidence of your English language or maintenance (funds) if you have already proven this in your first application. If you not have already sent evidence, you must send it or your application will be refused.
What happens to my leave if the job finishes early? If your job ends before your permission to stay runs out, it is likely that the Home Office may limit your permission to stay to 60 days. You will need to apply again by making a new application. Home Office will not limit your permission to stay if you have less than six months left.
What is the Ministry of Religion category? The Tier 2 (Minister of Religion) category is for people who are coming to the United Kingdom as religious workers within religious organisations for more than two years.
Your role in the Minister of Religion category can include:
- preaching or performing pastoral duties;
- work as a missionary; or
- work in a religious order within a community which involves a permanent commitment, like a monastery or a convent.
Pastoral duties include:
- leading worship regularly and on special occasions;
- giving religious education to children and adults by preaching or teaching;
- officiating at marriages, funerals and other special services; and
- offering counselling and welfare support to members of the congregation; and
- recruiting, training and co-ordinating the work of any local volunteers and lay preachers.
Work as a missionary is not just preaching and teaching. It can include:
- the organisation of missionary activity (but should not be administrative or clerical, unless filling a senior post);
- supervising staff;
- co-ordinating the organisation of missionary work;
- being in charge of a particular activity such as accounts/finance, personnel management or IT; and
- translating religious texts - this is missionary work, not clerical work.
What is the sportsperson category? The sportsperson category is for elite sports people and coaches who are internationally established at the highest level, and will make a significant contribution to the development of their sport.
Studying in the UK
What are the different categories for students to come and study in the UK? The new Immigration Rules and changes to the system have simplified the procedure on how to come and study in the UK. There are three routes which are Student Visitors, Child Students and Adult Students.
What is the Student Visitor? You can come to the UK on this category for 6 months. However you cannot extend your stay in this category if you are in the UK.
What is the requirement under the Student Visitor category? If you are coming to the United Kingdom as a student visitor, you must genuinely be seeking entry to study here for the limited period you tell us you require. This period must not exceed six months.
Additionally, you must have been accepted on a course of study that will be provided by an organisation which is:
- the holder of a sponsor licence for Tier 4 of the points- based system; or
- accredited by an accrediation body approved by the UK Border Agency; or
- an overseas higher education institution which offers only part of its programmes in the United Kingdom, holds its own national accreditation and offers programmes that are of an equivalent level to a United Kingdom degree.
What is the adult student category? The adult (also known as general) student category is for people coming to the United Kingdom for post-16 education. You and your approved education provider can agree whether you apply as an adult or child student if you are 16 or 17 years old and studying a course a National Qualfication Framework level 3 or the same as or above.
What is the child student category? The child student category is for people coming to the United Kingdom to be educated between four and 17 years old. Children between four and 15 years old must be educated at independent fee-paying schools. You and your approved education provider can agree whether you apply as a general or child student if you are 16 or 17 years old and studying a course at National Qualification Framework level 3 or the same as or above. You must apply as a child student if you want to study National Qualifications Framework level 2.
Can I work in the UK as a student? If you are 16 years old or over, you can work part-time during term time, as long as it is no more than 20 hours a week, and full-time during vacations. If you are under 16 years old you cannot work. You are not allowed to be self-employed, employed as a doctor in training, employed as a professional sports person (including a sports coach) or as an entertainer or to fill a full-time vacancy. You can work on a work placement that forms an assessed part of your course provided it is no more than 50% of the total length of the course in the United Kingdom. Student Visitors are not allowed to work in the UK.