Monday, 31 January 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!

Saturday, 29 January 2011

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.

Thursday, 27 January 2011

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.