Choosing an Immigration Solicitor or Adviser

Immigration solicitors or immigration advisers can be very helpful when it comes to making your visa application. If you have a complicated matter, or you just don't feel confident about making an application yourself, then using an immigration adviser or solicitor may be a good way to go.

Should I choose an immigration solicitor or an immigration adviser?

I don't think it matters, as long as the solicitor or adviser is competent and honest. I think there are very many competent professionals on both sides of the divide, and both are regulated. The solicitor is regulated by the Solicitors Regulation Authority (SRA) and the immigration adviser is regulated by the Office of the Immigration Service Commissioner (OISC). An immigration adviser is not a lawyer, but this does not make him/her any less competent to advise you. In my experience, the Solicitor is more likely to be more expensive than the immigration adviser, and some view this price difference as an indication of quality. Ultimately, I think you should focus more on the person, their record and references (online, from previous clients, etc) than on their title.

Book a consultation session first

A consultation session is one in which the immigration solicitor or adviser sits with you and walks you through your problem, giving general advice on how it can be solved. From this initial meeting you can get a good indication of whether or not you can complete the application yourself, or whether you'll need the assistance of the solicitor/adviser. Consultation sessions are also a good way of deciding which solicitor of adviser to choose. A consultation session could be free, but the last time I checked the average price was between £50 and £100.

Check the solicitor or adviser's area of specialization

Some immigration advisers and solicitors do not specialize in all aspects of immigration law. When it comes to solicitors, some do not specialize in immigration law at all, but have a limited load of immigration cases. An immigration adviser may be very knowledgeable and experienced when it comes to work visa applications, but the same person may know next to nothing about nationality applications. Yet another may be an expert at asylum applications but know nothing about marriage visa applications. Check the solicitor/adviser's website and ask directly how many such cases they have handled in the recent past. Needless to say, the more experienced a professional is in dealing with your particular type of matter, the better it is for you.

Look up the solicitor/adviser on the SRA/OISC website

You can double-check a solicitor's records on the SRA website: http://www.sra.org.uk/consumers/consumers.page. For immigration advisers, check the OISC website: http://www.oisc.gov.uk/. There you can find a list of practicing solicitors and immigration advisers, their registered location and specialization, as well as records of any disciplinary proceedings instituted against them.

The article is designed to assist you in choosing an immigration solicitor or adviser. At the end of the day, I think it's a good idea to go with a professional who is local to you (or otherwise readily accessible), seems trustworthy and specializes in the aspect of immigration law that pertains to your matter.

Good luck with your visa application!

UK Student Visa - A Summary of Tier 4 (General)

Tier 4 (General) is the visa category for adults wishing to study in the UK.  Here is a summary of the key points:

• You must score 40 points under the points based system in order to qualify for this visa.  You can check your points using the UKBA's points based calculator.

• You will need a Certificate of Acceptance of Studies (CAS) from a duly licensed academic institution.  It's advisable to check that your proposed place of study is a licensed Tier 4 sponsor. Click to access the full list of sponsors from the UKBA site.  Posession of a CAS will give you 30 points.

• You will also need to demonstrate that you have enough money to pay for your course and live in the UK without having to take employment or have recourse to public funds.  This can be proved by showing that you have paid for all or part of your course, or that you have obtained scholarship funding, or have enough money in your bank account to cover any outstanding fees and living costs.  Note that you will need to show that the money has been in your account for at least 28 consecutive days, and no more than 1 month before the filing date of your application. (10 points).

• You must be studying for a full time course leading to an approved qualification.  There are additional requirements for certain types of courses, and you are allowed to do a work placement or short preparatory course before the start of your course of study.

• You must be competent in English up to at least B1 of the Common European Framework of Reference for Language, unless you are applying to study at degree level, you are a government-sponsored student who wants to study an English Language course, or your are a national of a majority English-speaking country (Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the USA).

After your Tier 4 visa has been granted

:

• You are allowed to travel to the UK one month before the start of a long course (one lasting longer then six months).  If the course is for less than six months, you are allowed to travel up to 7 days before the start date.

• You should travel with the original documents used in obtaining your visa, as you may be required to show them at your port of entry before being allowed into the UK.

• You can only work part time (20 hours in term time, unlimited hours during vacations), and you are not allowed to access public funds (benefits). ** Note that the number of hours you are allowed to work may change from April 2011. **

• You may be able to bring your family along with you as dependants under the Points Based System, as long as you (or they) have enough funds to sustain them in the UK.

I hope you find this summary of Tier 4 (General) useful.  If you want more information, you can check out the ukba.homeoffice.gov.uk or ukvisas.gov.uk.

UK Visa Immigration Questions FAQs

Do I need a visa to travel to the UK?

  This depends on which country you are from, and what you are travelling to the UK to do.  Certain nationalities (so-called visa nationals) always require a visa to travel to the UK, while others may visit the UK for business or pleasure without a visa, for a limited time.  All non-EEA nationals require a visa to work in the UK.  You can check if you need a visa by visiting the UK Border Agency website.

How do I settle in the UK?

  There are various routes leading to settlement in the UK.  The most common ones are by marriage/civil partnership to a UK national  (where the spouse or civil partner is granted indefinite leave to remain in the UK after 2 years of marriage to a UK national), marriage to an EEA national (permanent settlement is granted after 5 years of marriage) or via work (settlement is granted after 5 years in a work category such as Tier 1, Tier 2, etc.)  Settlement is also possible after 10 years' lawful residence in the UK, or 14 years' unlawful residence (e.g. overstayed visa).  It is ill-advised for anyone to enter into a marriage for visa purposes, or to overstay your visa in the hope of eventually obtaining indefinite leave to remain in the UK.  Aside from the morality issue, if you are detected you could find yourself being barred from the UK for up to 10 years.  It is better for you to work towards legitimate ways of settling in the UK.

I overstayed my visa.  Will this affect any future visa application?

 Yes, overstaying your visa will most likely affect future visa applications. In the absence of deliberate deception, you could be barred from the UK for 1 year.  If you apply from within the UK, you are likely to be refused except you can prove that exceptional circumstances caused you to overstay in the first place.  For most visa applications made from within the UK, you need to make your application before your current visa expires.

I've been refused a visa before.  What impact will this have on future applications?

 A previous refusal will not necessarily prejudice a fresh visa application.  What matters is why the previous visa application was refused.  If the refusal was as a result of detected fraud or deliberate dishonestly, then this will make it a lot harder for the authorities to consider your application favourably in the future.  If on the other hand you were refused because of a technicality (e.g. you forgot to submit a document) the previous refusal will not likely affect a future visa application.  Under current rules (at time of posting), deliberate misrepresentations to the authorities in the course of your visa application could see you being barred from the UK for up to 10 years.

Immigration Tips for Arrival at the UK Border

So you've obtained your visa and are ready to board your flight to the UK.  No more immigration issues to worry about, right?  Wrong.  You have one more hurdle to pass before entering the UK, and that is the UK Border Police at your chosen port of entry.  Of course there's nothing to worry about if your entry clearance document (visa) was properly obtained.  However, it would be wise of you to bear the following in mind, depending on what category of visa you hold:

• You may be questioned about the purpose of your trip to the UK:  If you hold a visiting visa and you happily declare that you are coming to the UK to work, you will find yourself on the next available flight home, and with good reason too!

• You may be asked how long you intend to remain in the UK.  It goes without saying that you must not state that you intend to stay for a year if the maximum validity on your visa is 6 months.

• You may be asked questions regarding your sponsor.  This may be a person, company or academic institution depending on your visa category.  You need to have the key facts to hand; the name of your sponsor, contact details, when you first became associated with them, etc.

• Your luggage may be searched.  If your answers give the officer cause for concern, he or she may direct that your luggage be obtained from the reclaim area, and searched.  If anything is found in your baggage that contradicts your statements at the original visa application or at the Port of Entry, you may be denied entry to the UK.

I think it is wise to approach the immigration desk as you would an interview.  It is, actually, your final entry clearance interview before being granted entry to the UK.  Also bear in mind that the immigration officer will have to make up his or her mind on the balance of probabilities.  He or she will not need to prove anything beyond reasonable doubt.  As long as there is good reason to suspect that you will not abide by the conditions of your visa, he or she may either choose to deny you entry or only grant you temporary admission to the UK.

In summary, your answers should not contradict any information you've previously given to the immigration authorities in making your visa application.  It is possible for your intentions to have changed since making the application, and the officer interviewing you will bear this in mind.  However, any significant change in your circumstances or intentions could result in your being refused entry to the UK and returned to your country of residence on the next available flight.  Hence, my mantra: always tell the truth.  There is no easier position to defend than the truth.

UK Work Visas - Entrepreneurs

This category is designed for people who intend to invest in the UK by:

- setting up a business,
- taking over a business, or
- being actively involved in the running of one or more businesses in the UK.

You can apply for this type of visa from both within and outside the UK.  It is also possible to apply to extend your visa for a visa extension as an entrepreneur if you are currently in the UK as a business person or innovator.

To find out if you qualify for this visa, you will need to check the points based calculator on the UKBA website.

Note: The UK government will impose an annual limit on people seeking to enter the UK as entrepreneurs from April 2011.

Visa Applications - Tips on How to Make A Successful Application

1. Always tell the truth: I can't go on about this enough.  While I acknowledge that there are things in your past or present that might complicate your visa application, there is no point hiding information, especially when this information can be obtained sooner or later by alternative means.  It is far better to tell the truth, face the issue head-on, and explain why the circumstances as described do not disqualify you from due consideration for the visa in question.  The easiest position to defend is a truthful one.

2. Do your research: Ensure that you understand all there is to know about the visa you're applying for.  This may sound obvious, but I have known many to submit visa applications with thoroughly inadequate preparation.  You should know the purpose of the visa, what you're allowed to do when travelling on that visa and what is expressly prohibited.  You should know what key things you will be required to prove in order to qualify for the visa, and what documents you must submit.  Once you understand what you are required to prove, you can be more intelligent in preparing your documents and submitting over and above what you've been asked, if necessary to prove a particular point.  For example, if you understand that you need to prove your ability to sustain yourself for the duration of a 3-week holiday, you will be in a better position to know that it makes no sense submitting bank statements which have no money in them.

3. Review your documents: Once you have researched and are sure of all you need to take with you, be sure to review your documents before submission.  Ensure that you have all the documents you are meant to have.  Take note not only of the documents (i.e. I've got my bank statements), but of what they contain (i.e. do the statements reflect the amounts and dates that they should).  Look out for missing information and ensure that all corrections are made before submission.

4. Ask yourself the hard questions - and answer them:  Put yourself in the shoes of the immigration caseworker and ask yourself the questions you think he or she would.  Is there a glaring hole in your application? Make it your job to anticipate all the hard questions the caseworker might ask when reviewing your documents. If you will not have the opportunity to attend a visa interview, then ensure that you answer the questions in a covering letter.  Do not just leave hard questions unanswered, hoping that they don't get raised.  The absence of an answer could result in the refusal of your application.  I'm not suggesting that you shine a spotlight on every little crease in your application, but that you face the issues that are, on the balance, going to raise questions in the caseworker's mind.  If you will have the opportunity to speak in person, you might want to think more about what you will say in response to the hard questions.  Prepare, as you would for a speech or a debate. But remember number one.  Tell the truth.

5. Submit your application in time: This applies particularly if it is an in-country visa extension application (e.g. a UK visa extension applied from within the UK).  Such applications typically have to be submitted before your previous visa has expired.

6. Abide by your visa conditions: Once your visa has been granted, make sure that you abide by the stated conditions.  This will increase the chances of your next visa application being successful.  If you breach the conditions of your stay, this could adversely affect future applications, even applications to other countries.  Referring back to the second point, ensure that you know all about the visa and what you're allowed to do when travelling on that visa, so that you do not unwittingly fall foul of the rules.

I hope you find these tips helpful.  Good luck with your visa application!

Tier 1 (General) of the Points Based System

Tier 1 (General) replaced the Highly Skilled Migrant Programme (HSMP) in June 2008.  It is now closed to applicants from outside the UK, but people inside the UK can still switch into this category before April 5 2011. From April 5 2011, Tier 1(General) will be closed entirely.

Tier 1 (General) is for highly skilled people who intend to work or become self-employed in the UK.  Under current rules (at date of posting) a job offer is not needed before a Tier 1 (General) application is made.  You need to score enough points to enable you to switch, and these points can be calculated using the points based calculator on the UK Border Agency website.

In brief, you can switch into Tier 1 (General) if you have current leave to remain as a work permit holder, Tier 2 visa holder, HSMP, etc.  Most visa holders who are able to work in the UK are allowed to switch into Tier 1 (General) if you score the necessary points.

Transitional arrangements will be announced in due course by the UK Border Agency, for existing Tier 1 visa holders after April 5 2011.

Studying in the UK - Types of Student Visas

There are currently 5 main types of student visas as follows:

• Tier 4 (Child) student: This is for children aged between 14 and 17 years old. Those aged between 4 and 15 must be coming to the UK to be educated at an independent fee-paying school.

• Child visitor: This is a short-term visa.  If you are 17 years old or under you can apply as a child visitor to study in the UK for up to 6 months.  Note that you cannot switch from this category into the Tier 4 (Child) student category while still in the UK.  You would have to leave the UK and re-enter if you wish to switch switch into a Tier 4 (Child) student visa.

• Tier 4 (General) student: This visa category is for those coming to study in the UK for post-16 education, that is, after secondary school or high school.  The application is made under Tier 4 of the Points Based System.

• Student visitor: If you are over 18 years old, wish to study in the UK for up to six months and do not intend to work in the UK while you study, then this visa is for you.  Again, note that you can't switch to a Tier 4 (General) student visa while in the UK on a student visitor's visa.  You would have to leave the UK and apply for the Tier 4 (General) visa from your country of residence.

• Prospective student: This visa is for those who wish to come to the UK to help them decide which course to study.  It could also be used if you intend to start a course of study within 6 months of your arrival.  You will normally be permitted to switch from a prospective student visa to a Tier 4 (General) student visa without having to leave the UK.

Immigration tips for visiting the UK

As at the date of posting, there are 5 visit visa categories to the UK:

• General Visitors

  This visa is for people who are at least 18 years old and only want to visit the UK for up to six months.  It is possible for a general visitor to visit for up to 12 months, if accompanying an academic visitor. You must be able to support yourself in the UK without working, and intend to leave at the end of your visit. A general visitor is not permitted to work, sell goods directly to the public, undertake a course of study, marry, engage in business or practice as a sports person or entertainer.  General visitors are not permitted to receive private treatment.

• Child Visitors

  To qualify for a child visitors visa you must be under 18, intend to visit for a maximum of six months (twelve months if accompanying an academic visitor), and adequate arrangements must have been made for your care in the UK.  Your parent or guardian in your home country will need to consent to your travel, and show proof of the arrangements that have been made with your proposed carer in the UK.  If accepted on a course of study you will need to show that the education provider is duly registered as a Tier 4 sponsor or otherwise officially recognised/accredited.

• Business Visitors

  This visa allows you to visit the UK for up to six months for specific business purposes which include attending meetings, pre-arranged interviews, conferences, arranging deals and negotiations. You are not allowed to charge members of the public directly for goods and services while travelling on a business visit visa.   More details about this category can be obtained from the UK Border Agency (UKBA) website.

• Sports Visitor

  To visit the UK as a professional or amateur sports person, you must meet the usual requirements for a visit - the ability to maintain yourself without working or taking public funds (benefits), maximum stay of six months with the intention to leave the UK at the end of the visit. Specifically, the purpose of your trip must be to participate in a sporting event, tournament or series of events, or to assist participants as a member of support staff.  This visa is also valid for a sports person to engage in promotional activities such as personal appearances.  Again, more detail can be found on the UKBA site, link above.

• Entertainer Visitors

  As usual, the maximum allowed visit is 6 months at a time.  This visa will allow you to take part as a professional in music competitions, or to fulfil specific engagements as an amateur in entertainer.  As a professional, you can use this visa to take part in specific permit-free cultural events.

• Private Medical Treatment

  In addition to the usual visiting visa requirements, you will need to demonstrate that the course of your treatment is for a limited time, you have made the necessary arrangements for the treatment you need, you have enough money to pay for the treatment without recourse to public funds (e.g. benefits, NHS), and that you plan to leave the UK at the end of your treatment.

• Marriage and Civil Partnership

  The usual visiting visa rules apply (see General visas above).  In addition, you will need to show that you intend to give notice of marriage or civil partnership, or actually get married or form a civil partnership while you are in the UK.  You will be expected to leave the UK after your visit is over.

This is a brief overview of the main UK visit visa categories.  The information is given to you free of charge in good faith and without liability to the writer.  Nothing in this post or on this blog is intended to be used as a substitute for obtaining legal advice.  If you have further questions you are advised to seek advice from a duly accredited immigration adviser or lawyer.