The Home Office also confirmed that applicants would not be penalised for not being able to collect their Biometric Residence Permits (BRPs) while Covid-19 measures are in place.

Breytenbachs can now also confirm that one can request revised validity dates of up to 90 days until the end of 2020. This confirmation came from a written reply in the House of Parliament, answered on 11 May 2020. This confirmation from the House of Parliament is excellent news for persons with expired visa vignettes and will bring peace of mind to many persons. 

The arrangements for the replacement of the visa vignettes will be in place till the end of 2020. 

What is a UK visa vignette?

A visa vignette is an actual physical visa or sticker that is added to your passport or travel document once you have successfully applied for your UK visa. 

On the visa vignette, the visa validity dates and type of visa are indicated, along with a print of your photo ID. 

This visa vignette is valid for 30 days and allows you to travel to the UK during those 30 days. (Note however that the replacement visas during the current pandemic can have a validity date of up to 90 days). You will not be able to travel before the validity date shown on your visa vignette. 

Biometric Residence Permit 

When a person then arrives in the UK, they have to collect their full UK visa within ten days of arriving. 

This full visa will be in the form of a Biometric Residence Permit (BRP). The BRP is an actual card, the size of a standard size bank card. The collection point for one’s BRP is usually a designated Post Office and will be indicated on a notification letter. 

You will have to show your BRP card when you travel in and out of the UK, together with your passport. You might also be requested to show your BRP to your landlord or employer when they do the “Right to Rent” and “Right to Work” checks. 

You can also read more about Biometric Residence Permits at this link – https://bic-immigration.com/immigration-news/uk-biometric-residence-cards/

To arrange a consultation with Breytenbachs to apply for a revised visa vignette, please contact us at info@bic-immigration.com or visit our website at www.bic-immigration.com 

You are also welcome to fill out the form below. 

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

The post Visa vignettes replacements for up to 90 days appeared first on Australian Times News.

In this article, we will look at some of the most pressing issues, including furlough for migrant workers and not being able to find work as an ancestral worker.  

Furlough and sponsored workers 

Breytenbachs is delighted to bring some good news for Tier 2 and Tier 5 sponsored workers. Many of these workers are being put on the Job Retention Scheme by their employers. The concern for many workers is whether being put on the Job Retention Scheme, or furlough, will be considered as a public fund. This concern is due to the fact that these types of visas explicitly state that people on these visas do not have recourse to public funds. 

Fortunately, the No Recourse to Public Funds Network (NRFP) has provided confirmation in this regard. The following assistance can be claimed by persons who do not have recourse to public funds for immigration purposes. 

• Statutory Sick Pay (SSP)
• Contributory-based Employment and Support Allowance (ESA) 
• Wages paid via the Job Retention Scheme – better known as furlough 

Sponsors of Tier 2 and Tier 5 visa holders can temporarily reduce the pay of their employees to 80% of their salary or £2,500 per month, whichever is lower. However, these reductions must be part of the company-wide policy, in order to avoid redundancies. All workers must be treated the same. The reductions must be temporary, and the employee’s pay must return to previous levels once these arrangements have ended. 

Ancestral workers and furlough 

If you are in the UK as a UK Ancestry visa holder, and placed on furlough, this will not have an effect on your immigration status. The same rules as for the Tier 2 and Tier 5 workers apply. Furlough is not classified as ‘public fund’ for immigration purposes. Therefore, being on furlough will not have an impact on your future ILR application under the UK Ancestry category. 

If someone is on furlough, he/she remains a worker. 

Ancestral workers not being able to find work because of COVID-19

We also had queries from Ancestry visa holders who are in the unfortunate position of not being able to find work during the COVID-19 pandemic. These persons are worried about whether this could affect their UK immigration status. The UK Ancestry visa rules states that you must “intend to take or seek work in the UK.” Therefore, if a UK Ancestry visa holder has been seeking work, but not able to find work for a period of time, due to the COVID-19 crisis, they would still be meeting the basic requirement of the Ancestry visa route. 

Breytenbachs recommends that you retain evidence of the job-seeking undertaken during this period, so that you can evidence that your intention to work was there. 

For more answers to your FAQ on COVID-19 and your UK immigration status, please check our website at bic-immigration.com/immigration-news/faq-covid-19/

To arrange a consultation with Breytenbachs to discuss your immigration matter, please contact us at info@bic-immigration.com or visit our website at www.bic-immigration.com. 

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. 

The post How COVID-19 and furlough may affect your UK immigration status appeared first on Australian Times News.

Some Tier 4 Students, and Tier 2 and Tier 5 employees are concerned that they may not be able to attend their studies, or not be able to work, due to COVID-19 circumstances. Students and employees may also need to serve a period of quarantine, or they may not be able to travel due to travel restrictions caused by COVID-19. Fortunately, we have some good news.

Guidance for Tier 2, 4 and 5 sponsors

According to UK Home Office Guidance, the sponsors of the Tier 2, 4, and 5 visa holders do not need to report student or employee absences that are related to COVID-19. 

The sponsors also do not need to withdraw sponsorship if they consider there are exceptional circumstances, such as; 

• When a student will not be able to attend studies for more than 60 days. 
• Employees are absent from work without pay for four weeks or longer. 

The decision on whether to terminate employment will rest with the employer. The same applies to the student. The decision to withdraw a student from their studies will rest with the sponsor. 

Fortunately, the Home Office recognises that the current COVID-19 situation is exceptional circumstances. The Home Office also says that it will not take any compliance action against students who are unable to attend their studies if sponsors continue to sponsor. Neither will they take compliance action against employees, if their sponsors authorise absences for these COVID-19 related reasons. 

The Home Office said that they would keep the current guidance under review. They will especially look at this if the length of absences might mean that a potential repeat of studies might become necessary. 

How Breytenbachs can help you during the COVID-19 situation

Clients of Breytenbachs can be assured that we are with you during this difficult time. Breytenbachs will do all we can to disseminate information from the Government and our professional bodies as to how the COVID-19 pandemic will affect immigration application processes and timelines. 

Breytenbachs understand that many persons who might be about to apply or who have applied it would be a concern as to how travel bans and the like will affect you. We will deal with each case as it comes. To not hesitate to contact is if you would like to discuss your matters and make your plans for when this pandemic has run its course. 

For more information or assistance, please contact us at info@bic-immigration.com or visit our website at www.bic-immigration.com

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. 

The post COVID-19 virus and the impact on Sponsorship Visas appeared first on Australian Times News.

• From 1 January 2021, EU Nationals not registered under the EU settlement scheme, will have to apply and compete against all other nationals for the available permits and visas.  
• The focus will be on attracting skilled migrants to the UK, with a focus on those with a STEM background. 
• They will not introduce any low skilled or temporary work routes. The UK Government says that British businesses will have to adapt. They also say that the 3,2 million EU nationals that are already registered in the UK should be able to fill the lower-skilled positions in the UK market. 
• From Autumn 2020, the new routes will be introduced so that migrants can start to apply ahead. 

Highly Skilled Routes 

The Global Talent visa is supposedly the only visa that will come into effect before the end of the transition period. Since 20 February 2020, persons can apply for the Global Talent visa. The visa cost is £608. 

Highly skilled persons with a background in STEM subjects, and who are endorsed by a relevant and competent body, will be able to enter the UK without a job offer. 

Skilled Worker Routes

There is a lot of good news for skilled persons who want to come to the UK.

Some of the things that the UK Government intends on doing is: 

• Remove the Resident Labour market test. 
• Bring the skills threshold down from RQF6 to RQF3. 
• Suspend the cap on the number of persons who can come to the UK on this route. 
• Lower the general minimum salary threshold from £30,000 to £25,600. 
• Dependants will still be able to accompany the skilled worker. 

One of the most significant changes to the Skilled Worker route will be that applicants will be able to trade certain characteristics, in their application for the Skilled Worker route, provided that they reach 70 points. 

Characteristics that are NOT tradeable are:

• A job offer by a licensed UK Sponsor. 
• The job must be at the appropriate skills level. 
• Ability to speak English at the required level

Characteristics that will be tradeable are: 

• Salary ranges will be tradeable, as long as it is within the minimum salary ranges. One would, for example, get higher points for jobs with a high salary.  
• Jobs in a shortage occupation. 
• PhD in a subject relevant to the job and PhD in a STEM subject relevant to the job will also earn points that are tradeable. 

Applicants wil thus in effect, be able to trade certain characteristics such as the specific job offer and qualifications, against lower salaries etc. 

The UK Government said that it would refine the skilled worker route as time progress but does not want to make it too complex. 

Lower Skilled Routes 

The UK Government seems quite adamant that they will not introduce any low skilled or temporary work routes, and that UK employers will have to adapt. 

The UK Government believes that the 3,2 million EU nationals that are already registered in the UK should be able to fill the lower-skilled positions in the UK market. 

They also believe that the Seasonal Worker Scheme for Agriculture and the Youth Mobility Scheme that are open for certain countries will fill further gaps in the lower-skilled market. 

Students, innovators, and other specialist occupations

Overseas students will still be covered by a points-based system. As long as a student can prove that they have an offer at an approved educational institution, can speak English at the required level, and can support themselves, they will be able to apply. 

The UK Government said that there is a range of immigration routes available to specialist occupations, such as the Innovators, Ministers of Religion, Sportspeople and Artists. When free movement ends, these routes will open to EU citizens. 

Family Routes 

The existing family routes, such as the Ancestral route, fall outside of the points-based system, and it seems that these routes will stay in place. 

The above is only a summary of some of the expected changes to come. Breytenbachs, Australian Times and The South African will inform readers as and when new information becomes available. 

In the meantime we encourage all EU nationals to get in touch to register under the EU Settlement Scheme. Please feel free to contact Breytenbachs at info@bic-immigration.com.

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. 

The post All you need to know about the new UK immigration system appeared first on Australian Times News.

Ancestral Visa and Brexit

 Will the Ancestral and other family routes now fall away with the introduction of the new points-based immigration system, planned by the UK Government?

The good news is that the existing family visa route, UK Ancestral Visa, and Overseas Sole Representative categories all fall outside of a points-based immigration system.

These routes will stay in place and will not be affected by any new points-based immigration system or Brexit. Please note that this list is not exhaustive, and we recommend that you contact us if you have any doubts about your immigration status.

Ancestral Visa and when to apply for Indefinite Leave to Remain

I entered the UK two months after my five-year ancestral visa was approved in 2015. My visa expires in July 2020. Do I need to apply for an extension of my ancestral visa to complete five years for Indefinite Leave to Remain, or may I apply for indefinite leave to remain straight away?

You do not need to apply for an extension of your ancestral visa. If you have not been out of the UK for more than 180 days in any 12 months starting from the grant of your Ancestral visa, you can apply. Therefore, even though you entered late, and provided you have traveled relatively conservatively after that, you should meet the requirements for ILR. You will be eligible to apply for this leave 28 days before the expiry date of your existing visa.

Ancestral Dependants and Indefinite Leave to Remain

The dependants on my Ancestral visa entered the UK at a later stage than myself. When will they qualify to apply for Indefinite Leave to Remain?

One of the biggest advantages of the Ancestral visa is that the dependants can apply for ILR at the same time as the main visa holder, irrespective of how long they have been in the UK. Even if they have only been in the UK on this status for a period shorter than the qualifying period of five years, they can apply. However, once they obtain Indefinite Leave to Remain, they will first have to fulfill the five-year residence period in the UK, before they can apply for British citizenship.

Ability to work on the Ancestral Visa

I am beyond retirement age – does the Home Office have an upper age limit on who may apply?

For a person to qualify for a UK Ancestry visa, you must be aged 17 or over. There is no upper age limit on applicants.  However, you will have to show that you can work and that you do intend to take or seek work in the UK. Other than that, your age would not prevent you from applying. 

Voluntary work on the Ancestral Visa

Will I be able to meet the Ancestral Visa requirement to work or seek work, by doing voluntary work in the UK?

Yes, the Home Office recently updated its guidance to confirm that voluntary work would qualify. Please note that applicants do also have to show that they have sufficient funds to support themselves in the UK. So, if an applicant does not have any income from UK employment, then this requirement would need to be met/evidenced differently.

English Language Requirement and the Ancestral Visa

Do I need to take an English Language test before applying for the UK Ancestry Visa?

Fortunately, there is no English language requirement attached to an application for a UK Ancestry visa. However, you will have to provide evidence of your English language skills when later applying for Indefinite Leave to Remain. There are certain exemptions, such as being aged 65 or over at the date of that application.

For more information or assistance with the UK Ancestry Visa route, please contact us at info@bic-immigration.com or visit our website at www.bic-immigration.com 

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

The post UK immigration: The UK Ancestral Visa – FAQs appeared first on Australian Times News.

EU Settlement Scheme deadlines

Citizens with EU passports will still be able to come to the UK to settle until 31 December 2020. Furthermore, they will still have time to register under the EU Settlement Scheme until 30 June 2021.

South Africans with EU passports, who still hope to settle in the UK under the EU Settlement Scheme, thus still have the chance to do so until 31 December 2020.

There is thus no cause for immediate panic to reach any deadlines.

EU citizens and their family members

It is important that non-EU family members living in the UK with the EU Citizen by 31 December 2020 also need to apply to the EU settlement scheme.

Close family members of an EU family member (who are settled in the UK), will have no time limit on when they can join the EU family member in the UK. They need to ensure that the relationship still exists at the time they join him/her.

The Home Office defines close family members as; spouses, civil partners, unmarried partners, and dependent children, grandchildren, parents and grandparents. These family members do not need to be EU citizens; they can be any nationality.

What will the EU Settlement Scheme mean for me?

The EU Settlement scheme allows a person and his/her family members to reach the immigration status they need to continue to live, work and study in the UK.

It also means that you will continue to be eligible for public services such as healthcare and schools, public funds, and pensions. A person with settled or pre-settled status under the EU Settlement Scheme will also eventually be able to apply for British citizenship, once they meet all the requirements.

Breytenbachs and the EU Settlement Scheme

Breytenbachs can assist EU citizens and their family members with applications for pre-settled and settled status under the EU Settlement Scheme. Applying for this status will enable EU citizens and their family members to continue living in the UK after Brexit.

For more information, or for assistance to apply, please send your email to info@bic-immigration.com or visit our website at www.bic-immigration.com.

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

The post UK immigration: Brexit and the EU Settlement Scheme appeared first on Australian Times News.

However, they must take note of the cut-off dates for applications under the old investment amount.

Extension applications

If you are a Tier 1 Investor and need to extend your stay in the UK by relying on the old £1million investment requirement, you have until 6 April 2020 to submit your extension application.

Tier 1 Investor holders have not reached ILR yet, and who are not able to apply for an extension by this date, have to increase their investment to £2 million.

As the new investment criteria are much higher, we urge current Tier 1 Investor holders, who rely on the old investment amount and who need to extend, to act soon.

Tier 1 Investor Indefinite Leave to Remain applications

If you are a Tier 1 Investor and applying for Indefinite Leave to Remain (ILR), relying on the £1 million investment requirement, you have to submit the ILR application before 6 April 2022. 

Persons who rely on the previous £1 million investment requirement for their ILR application, and who are not able to apply by 6 April 2022, will have to increase the investment amount to at least £2 million.

The harshest consequence for not making this cut-off date is that the qualifying period for ILR also restarts from the date you increase your investment amount. The previous time spent on the Tier 1 Investor route with a lesser investment amount will not count towards the ILR qualifying period.

It is therefore crucial that Tier 1 Investors double-check with their Breytenbachs immigration consultants that all documents are available and ready to submit by the relevant dates. You can read more about the Tier 1 Investor route at this link.

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

For more information or help with your immigration matter, please send an email to info@bic-immigration.com or visit the Breytenbachs website at www.bic-immigration.com

The post UK immigration: Visa extensions for Tier 1 Investors appeared first on Australian Times News.

Applicants can show that they have this knowledge by sitting the Life in the UK test.

What is the Life in the UK test?

Life in the UK test is a computer-based test consisting of 24 multiple-choice questions on British traditions and customs. Persons sitting the test have 45 minutes to complete the test.

The UK Government recommend that people study the official handbook called; Life in the UK, A guide for new residents.

Below are some sample multi-choice questions that one can expect;

• What is the name of the UK currency?
• Is the daffodil the national flower of Wales?
• What is the capital city of the UK?
• At what age can you vote in the national election in the UK?
• What is the minimum age you can drive a car or motorcycle in the UK?

The test is one part of the Knowledge of Language and Life (KoLL) requirement. The KoLL requirement has two parts:

• Knowledge of the English language
• Knowledge of Life in the UK

You must book the test through the UK Government website. Applicants have to book the test online at least three days in advance. The test costs £50. There are 50 test centres in the UK, and you can choose a test centre close to you.

When a person takes the test and submits the questionnaire, they will immediately know whether they have passed or failed. Since October 2019 they receive a unique 7-digit test instance ID and not a notification letter. The test results are sent to the Home Office. The Home Office will then check that you have indeed passed the test when they receive your application for ILR or citizenship.

If you fail the test, you can take it again as many times as you need to pass.

All persons applying for ILR under routes requiring KoLL must meet both the language and life components of the test unless they are exempt due to age, physical or mental conditions. Certain other categories of persons are also exempt from having to fulfil the KoLL requirement. These categories among others include;

• Victims of domestic violence
• Bereaved partners of persons who were present and settled in the UK
• Retired persons of independent means
• Adult dependant relatives applying under Appendix FM

Please feel free to contact Breytenbachs if you require more information on the KoLL requirement, or if you want to proceed with your ILR or British Citizenship application. You can send an email to info@bic-immigration.com or visit the Breytenbachs website at www.bic-immigration.com 

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

The post Life in the UK test: can you pass? appeared first on Australian Times News.

The announcement was made to attract the world’s top scientist to the UK. The UK Government also hopes by introducing this visa to enhance the intellectual and knowledge base of the UK.

The route will be launched regardless of Brexit and the terms of the UK leaving the EU. The scheme will also be open to both EU and non-EU citizens.

Advantages of the new fast-track STEM visa

The visa will offer many advantages for persons who qualify under this route. 

Successful applicants under this new route will receive a three-year visa during which time they can come and go from the UK at will. After only three years on this visa, the visa holder will be able to apply for Indefinite Leave to Remain. Dependants can accompany the main visa holder to the UK. Adult dependants will have no work restrictions on their stay in the UK.

There is no minimum salary requirement or minimum salary threshold attached to this route. Applicants also do not need to secure a job before arriving in the UK.

Re-branding the Tier 1 Exceptional Talent route

The Home Office said in its announcement on the new proposed visa that the new fast-track visa will be a Tier 1 Exceptional Talent route. The existing Tier 1 Exceptional Talent route will be re-branded to recognise the need to attract global talent. The existing route will be substantially and radically expanded.

The current route will also be uncapped, thereby ensuring that persons who qualify will be able to secure a place.

The UK Government said in a statement that they would be launching the visa later this year. Breytenbachs will inform clients as soon as more information on this new immigration route becomes available.

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. For more information, please send an email to info@bic-immigration.com or visit the Breytenbachs website at bic-immigration.com

The post New fast-track visa to attract scientists and researchers to the UK appeared first on Australian Times News.

Freedom of movement in its current form will come to an immediate end on this date and time, under a No-Deal Brexit. Breytenbachs Immigration Consultants urges EU clients to secure their status in the UK before this possible (and likely) departure date.

The EU Settlement Scheme allows EU, EEA, and Swiss Nationals and their eligible family members to apply for UK immigration status to remain in the UK post-Brexit. The EU Settlement Scheme allows persons to obtain Settled or Pre-Settled status. Applicants can receive settled status if they have lived in the UK for five years or more. Pre-Settled status can be obtained by those who have not completed the five-year qualifying period for Settled status.

As a contingency, the UK Government have also introduced a Temporary Leave to Remain route. This route will be available for applicants arriving after 31 October 2019. It will allow leave in the UK for three years. However, this temporary leave will not lead to status under the EU Settlement Scheme or Indefinite Leave to Remain.

The EU Settlement Scheme – FAQs

I am planning to relocate to the UK  as an EU citizen. By what date do I have to be in the UK to qualify under the EU Settlement Scheme?

At this stage, it seems like the UK is likely heading towards a no-deal Brexit. Breytenbachs strongly advise that all EU passport holders enter the UK before 31 October 2019, should they want to be included under the current EU Settlement Scheme.

I recently obtained Permanent Residency in the UK. As an EU citizen, do I need to apply under the EU Settlement Scheme?

All EEA Nationals and dependent family members who wish to remain in the UK after the exit date will need to make an application under the EU Settlement Scheme. This also includes individuals who currently hold Permanent Residency in the UK unless they have since obtained British Citizenship after holding Permanent Residency. If you currently hold a Permanent Residence Card, you will automatically qualify for Settled status under the EU Settlement Scheme.

To maintain status under the EU Settlement Scheme once granted, you will need to return to the UK at least every five years for those who have been granted Settled Status, and at least every two years for those with Pre-Settled Status.

What rights will I have when I receive settled status as an EU citizen?

When an EU citizen is granted Settled or Pre-Settled status, they will be able to:

• Work in the UK
• Use the NHS
• Enroll in education or continue studying
• Access public funds such as benefits and pensions, if you’re eligible for them
• Travel in and out of the UK

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. For more information, please send an email to info@bic-immigration.com or visit the Breytenbachs website at www.bic-immigration.com

We are inviting EU clients to get in touch as soon as possible to discuss with our experienced consultants how to best protect their status in the UK ahead of a No-Deal Brexit. Please contact us without delay at info@bic-immigration.com

The post Brexit: latest update on the EU Settlement Scheme and FAQs appeared first on Australian Times News.

It is extremely important that people on their route to British citizenship, make sure that they have a reminder system to ensure that they extend their current UK visa in time, or apply for Indefinite Leave to Remain on time.

The repercussion of overstaying in the UK

In a nutshell, the principle is that if you overstay your visa by more than 30 days, then you can be subject to a re-entry ban of up to 10 years depending on circumstances. A re-entry ban will mean that you can get barred or blocked from re-entering the UK. This rule is true if you have overstayed on or after 6 April 2017.

If you had overstayed before 6 April 2017, then you would have had up to 90 days to leave the UK to avoid a re-entry ban.

It is also important to note that if you overstay on your visa, but have an ongoing British citizenship application at the Home Office in the UK, then the fact of having an ongoing British citizenship application at Home Office does NOT mean you are still lawfully in the UK.

In such circumstances, you would still need to leave the UK and await a decision on your British citizenship application from/while outside the UK. This seems like an unusual situation, but it can and does happen.

We highly recommend that readers speak to a Breytenbachs consultant at least a couple of months before their current visa expires. It is important that one allows enough time to collect the paperwork required in support of the application and to prepare & submit the application in advance of your visa expires. This will ensure that you maintain continuous Leave to Remain in the UK and avoid overstaying and unnecessary stress.

_____________________________________________________

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

You can contact Breytenbachs Immigration Consultants at www.bic-immigration.com or send an email to info@bic-immigration.com 

TOP IMAGE: Via Pexels

The post What are the repercussions of overstaying your UK visa? appeared first on Australian Times News.

Who can apply for the Start-up Visa?

Persons from outside the EEA, who want to set up a business in the UK, can apply for the Start-up Visa. However, you will first have to be endorsed by an authorised body.

The Home Office has published a list of endorsing bodies. These endorsing bodies consist of some UK higher education institutions and business organisations with a history of supporting UK entrepreneurs.

How the Start-up Visa works

A successful applicant will be able to stay in the UK for two years. It is not possible to extend the start-up visa to a period longer than two years. Time a person has spent in the UK on a Tier 1 Graduate Entrepreneur visa, will unfortunately also count as part of these two years.

The visa will unfortunately not lead to Indefinite Leave to Remain. However, it is possible to switch from the Start-up visa to the Innovator visa, once you qualify for this route. The Innovator visa does lead to Indefinite Leave to Remain.

Some advantages of the Start-up Visa

Family members or dependants will be able to accompany the main applicant. Dependants are your spouse, partner, and children under the age of 18 years old.

You will also be allowed to work in another job, as well as in the start-up business.

Another big advantage of the Start-up visa is that there are no investment requirements or the need for the involvement of a UK employer.

The only financial requirement is that the main applicant has to be able to prove that they have enough personal savings to support themselves while they are in the UK. The requirement is at least £945 in your bank account for 90 consecutive days before one apply. Note however that if your family members accompany you, there will be an additional financial requirement of £630 for every dependant.

Who can switch to the Start-up Visa?

Persons who are already in the UK, and meet the eligibility requirements, can switch to the Start-up visas if they currently hold any of these visas;

• Any Tier 2 visa
• Tier 1 (Graduate Entrepreneur)
• Tier 4 (General) student visa
• Persons who are in the UK with a standard visitor visa, to get funding and a supporting letter from an endorsing body will also be able to switch from within the UK.

Breytenbachs Immigration Consultants are very excited about the new Start-up visa and believe it will open up more opportunities for persons looking to live and work in the UK.  If you have any specific questions on the new immigration routes, you are welcome to email us at info@bic-immigration.com or visit our website at www.bic-immigration.com

*Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

The post UK Start-up Visa: the ideal route for persons looking to set up a business in Britain appeared first on Australian Times News.

There is also of course uncertainty about whether there will be a Deal or No Deal.

We have compiled some more guidelines on Brexit in the case of a No Deal. We also advise that EU nationals also read our article on the EU Settlement Scheme.

Staying in the UK for longer than three months after Brexit with a No Deal

If there is a No Deal Brexit, and you are an EEA or Swiss national coming to the UK to visit, study, work or join your family, the following rules will apply after 29 March 2019:

• For an interim period, EEA and Swiss nationals will be able to enter the UK as they currently do.
• From 29 March 2019 and before the UK’s new skill-based immigration system is implemented (expected in 2021),  you will need to apply for the European Temporary Leave to Remain. This status will enable a person to stay for longer than three months.
• If you do not intend to stay longer than three months, you do not need to apply.
• If you have arrived in the UK before 29 March 2019, you also do not need to apply but can apply for the EU Settlement Scheme.

The European Temporary Leave to Remain – Rights and Status

If an EEA or Swiss citizen apply for the European Temporary Leave to Remain, after Brexit, with a No Deal, they will be able to live, work and study in the UK. This leave will be granted for 36 months.

It will be a temporary leave, and a person will not be able to apply for an extension. Furthermore, it will not lead to Indefinite Leave to Remain, or status under the EU Settlement Scheme. It will also not enable the holder to stay in the UK indefinitely.

Should the EEA or Swiss citizen want to stay longer than the 36 months, they will have to apply under the new immigration system. If you do not qualify, you will have to leave the UK after the expiry of the Temporary Leave to Remain.

Non-EEA or Swiss family members of the EEA or Swiss citizens living in the UK will have to apply for a family permit, before accompanying them.  

Irish citizens will still enjoy the right to enter and live in the UK under the Common Travel Area arrangement. They thus do not need to apply for European Temporary Leave to Remain.

How to apply for European Temporary Leave to Remain

It is going to be an online application. The EEA or Swiss citizen has to apply within three months of arriving in the UK.

Breytenbachs will publish more information, as it becomes available. Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

Also visit: bic-immigration.com

TOP IMAGE: Via Pixabay

The post Brexit rules for EU nationals if there is a No Deal appeared first on Australian Times News.

The decision came in the wake of a government review of the Tier 1 Investor Visa, as part of a crackdown on money laundering in the UK.

The Tier 1 Investor visa is sometimes called the golden visa, as it allows the super-rich a relatively easy way to settle in the UK, by investment.

When the suspension was announced in December, the UK Immigration Minister, Caroline Nokes was reported in newspapers as saying that the UK will always be open to legitimate and genuine investors who are committed to helping the economy and business grow.

She said however that the UK would not tolerate persons who do not play by the rules and seek to abuse the system.

She further said that they are implementing new measures that will make sure that only genuine investors who intend to support UK businesses, can benefit from the immigration system.

New Tier 1 Investor Visa

The new Tier 1 Investor visa requirements will only be announced sometime later in 2019.

At this stage, all that is known is that the new requirements will require applicants to provide comprehensive audits of their financial and business interests. This is to make sure that money is not laundered in the UK. They will also have to show that they had control of the investment funds. 

Applicants will henceforth no longer be able to invest in government bonds and have to invest in active and trading UK companies.

Breytenbachs Immigration Consultants will inform clients as soon as new information is published.

Alternative to the Tier 1 Investor Visa

Until the new Tier 1 Investor Visa is open, there is an alternative for investors in the form of the Tier 1 Entrepreneur route. This immigration route allows a person and his family members to obtain Entry Clearance (EC) as a Tier 1 (Entrepreneur) Migrant.

The applicant will need to be able to demonstrate that they have access to no less than £200,000 which is held within one or more regulated financial institutions and is disposable in the UK. It is also possible to form an Entrepreneurial team.

Our advice to applicants who are interested in applying for the Tier 1 Entrepreneur visa, is to do so without delay, as there might be a possible suspension of this route as well.

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. Visit the Breytenbachs website for their details.

TOP IMAGE: Via Pixabay.com

The post UK Tier 1 Investor Visa suspended appeared first on Australian Times News.

Innovator Immigration Route will replace Tier 1 Entrepreneur

The new Innovator immigration route will replace the Tier 1 Entrepreneur route. This immigration route will be open to more experienced business persons.

The Home Office said that it would have a “similar emphasis on endorsement by a business sponsor, who will assess applicants’ business ideas for their innovation, viability, and scalability.”

Our advice to persons who still want to apply under the current Tier 1 Entrepreneur route, is to contact Breytenbachs without delay.

A new Start-up Visa route

The UK Government announced earlier in 2018 that it will establish a new Start-up visa route. This route will build upon the successes of the Tier 1 Graduate Entrepreneur route. A business or higher education institution sponsor have to endorse persons who apply under this new start-up visa route.

We expect a further announcement on this route early in 2019.

Suspended or not? Tier 1 Investor Route

On 6 December 2018, the Immigration Minister, Caroline Nokes announced that the Tier 1 Investor route is suspended. She said that the Investor route will from 7 December 2018 no longer be open for applicants to apply and that new rules will be put in place sometime during 2019.

However, the Home Office has since released an official statement to the Immigration Law Practitioners’ Association (ILPA) stating the following;

“The Tier 1 (Investor) visa is not currently suspended. However, the Government remains committed to reforming the route. A further announcement will be made in due course. Any suspension would be implemented through changes to the Immigration Rules.”

Architects can apply under Tier 1 Exceptional Talent

The Home Office said that the Tier 1 Exceptional Talent route would be expanded to provide for the inclusion of leading architects. Architects will have to be endorsed by the Royal Institute of British Architects, under the remit of the Arts Council England.

Religious Workers and Charity Workers under Tier 5

Tier 5 Religious Workers and Tier 5 Charity Workers will in future be subject to a cooling off period. This means that they will be prevented from returning to the UK for 12 months, on another Tier 5 visa, after the expiry of their Tier 5 visa. The Home Office said that they are taking this step to underpin the fact that this is a temporary route.

Seasonal Worker Pilot Scheme for Non-EU workers

The UK Government will in 2019 launch a two-year seasonal worker pilot scheme. This scheme will aim to bring 2,500 seasonal workers to farms in the UK, to alleviate labour shortages in this sector.

The pilot scheme will allow non-EEA workers to do seasonal work on UK farms for up to six months. The UK Government said that they have now chosen the organisation to fill the role of scheme operators. The date of implementation is still to be announced.

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

Visit the Breytenbachs website for more details at www.bic-immigration.com.

The post Some surprising UK immigration rule changes for 2019 appeared first on Australian Times News.

Applications under this immigration rule are complicated, and the bar is set very high.

How to prove ‘Sole Responsibility

Where both parents are involved in a child’s upbringing, it will be difficult for one parent to establish sole parental responsibility.

The UK immigration rules, unfortunately, do not provide for voluntary arrangements between parents. A court order from an overseas court granting a parent sole custody will be beneficial for an application, but will not necessarily mean a successful application. The Home Office states that sole parental responsibility is not the same as legal custody.

The rules are quite harsh, and require the UK based parent to show that he/she has ‘sole responsibility’ over the child or is the sole surviving parent. Alternatively, that circumstances meet serious or compelling considerations of why the child should be with the UK based parent.

The parent or carer has to be a British citizen or have Indefinite Leave to Remain in the UK. It also applies to cases where the parent or carer has an Ancestral Visa, or Spouse visa, and wants to bring the minor child to the UK, and the other parent is in the home country.

The applicant also has to show that he/she is taking and intends to continue taking an active role in the child’s upbringing.

Although the Sole Responsibility route is a notoriously difficult application to prove, Breytenbachs Immigration is glad to say that we have had many successful applications. Please feel free to contact us so that we can assess your circumstances, and advise accordingly.

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. Visit the Breytenbachs website for their detail.

The post What is the UK Sole Responsibility Visa? appeared first on Australian Times News.

The huge increase in the surcharge is of course not good news for UK visa applicants.

The reasoning behind the increase in the UK Immigration Health Surcharge

The UK Home Office said in a statement that the increase in the surcharge would add £220 million to the funds of the National Health Service (NHS) in the UK.

The UK Government estimates that the NHS spends an average of £470 on average per person per year on treating those required to pay this health surcharge. According to the Government, the increase will better reflect the cost to the NHS of treating migrants paying the surcharge.

How UK Visa applicants will be affected by the increase in the Surcharge

From December 2018, UK visa applicants, applying for visas valid for longer than six months will pay double the amount payable currently payable.

Presently, the Immigration Health Surcharge payable by a UK visa applicant is £200 per year. From December 2018, it will be £400 per year.

A client applying for a UK Ancestry Visa for a period of five-years will in future have to pay a very hefty £2,000 for Immigration Health Surcharge.

There are however certain categories that are discounted and exempted.

The Student Visa and Youth Mobility Visa categories pay a discounted surcharge. The surcharge for the discounted categories is £150 per year, per applicant. This will from December 2018 increase to £300 per year, per applicant.

Persons applying for Indefinite Leave to Remain and British Citizenship do not have to pay the immigration health surcharge. Vulnerable groups, such as slavery victims and asylum seekers are exempt.

Applicants for UK Visitor visas do not need to pay the Immigration Health Surcharge, as the visa is not valid for longer than six months.

Breytenbachs recommendations on the increase in the Immigration Health Surcharge

The increase in the surcharge is of course not good news for anyone wanting to apply for a UK Visa.
Breytenbachs strongly recommend that readers who want to avoid paying this higher surcharge, apply without delay.

Please note that the information in this article does not constitute professional advice and is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

For more information on the Immigration Health Surcharge visit the Breytenbachs website.

The post Shock as the UK Government doubles the UK Immigration Health Surcharge appeared first on Australian Times News.

To address the issue of Biometric Residence Permit replacement, following name changes, we have answered some frequently asked questions on this.

Biometric Residence Permit Replacement – Limited Leave

I am currently on an Ancestral visa in the UK and have a Biometric Residence Permit. I recently got married and had my surname changed, following my marriage. Do I need to inform the UK Home Office and request a Biometric Residence Permit replacement?

Yes, you will indeed need to inform the UK Home Office of your name change as soon as possible.

There is a large fine payable if you do not inform them. You also need to apply for a new passport. The application for the replacement Biometric Residence Permit is submitted to the Home Office.

It is essential that you make this formal application as soon as you receive your new passport in the new surname.

It is possible to apply for the replacement BRP application via a premium(same day) or a postal application.

In cases where a person has limited leave to remain, such as the Ancestral Visa, the application for the replacement card is called BRP (RC).

Breytenbachs Immigration Consultants can assist with the process.

Biometric Residence Permit Replacement – Unlimited Leave

I have had indefinite leave to remain in the united kingdom for many years, I have recently changed my name following my marriage. Do I need to request a Biometric Residence Permit replacement?

Yes, you will need to make a formal application to the Home Office. In cases where a person has unlimited leave to remain, it is called an NTL application. That stands for ‘no time limit’ as you currently hold indefinite leave to remain in the United Kingdom.

As you have changed your name, you will need to apply for a replacement biometric card for the ILR endorsement, and that application is the NTL.

It is possible to do a premium(same day) or a postal application. Breytenbachs Immigration Consultants can assist with the process.

For more information on Biometric Residence Permits, please follow this link.

The post Biometric Residence Permit Replacement following a name change appeared first on Australian Times News.

One can thus be the unmarried partner of an Ancestral visa applicant, a Tier 1 Entrepreneur visa applicant, the unmarried partner of a British citizen, Tier 4 Student visa applicant, etc.

The conditions and requirements of the visa of the unmarried partner would thus basically be determined by the immigration status or type of visa the main applicant is applying for.

The unmarried partner thus has the same status as the spouse or civil partner of the main visa applicant.

How to qualify as an unmarried partner

To qualify as an unmarried partner, an applicant will need to prove that he/she has been living together with the partner, in a relationship akin to marriage for two years or more. You will also need to prove that you intend to live together permanently in a relationship akin to marriage in the future.
It is thus important to note that although marriage is not required, the relationship must be a real one, and akin to marriage.

How to prove the relationship

Breytenbachs normally recommends that clients provide utility bills covering two years. This would include documents such as tenancy agreements, bank statements and other bills being posted to the same address.

It will be best if the bills are joint. However, one can also have separate accounts as long as it shows the same address.

Age and sex of the unmarried partner applicant

Both the partners in the relationship have to be 18 years or older. The partners can be in a same-sex or heterosexual relationship.

Financial and other requirements

If you are the unmarried partner of a British citizen or person settled in the UK, you will have to fulfil the financial requirement of the Family Migration rules.

A minimum income threshold of £18,600 is required to sponsor the settlement of the unmarried partner. There is also a higher threshold for any children also sponsored: £22,400 for one child and an additional £2,400 for each further child.

Please also see this link for more on the financial requirement.

If the partner present and settled in the UK is the holder of an Ancestry Visa, you will not need to fulfil the minimum income criteria.

In cases where the partner is a Tier 1 or Tier 2 holder, the maintenance requirement of those visas will have to be fulfilled.

The same applies to other immigration categories. The requirements for the dependants of main applicants will have to be fulfilled.

Unmarried Partner and Indefinite Leave to Remain

If your unmarried partner visa is based on your partner’s Ancestral visa, the unmarried partner visa will be granted for the duration of the ancestral visa, and you can apply for ILR with the ancestral holder. However, once ILR has been obtained, you will not be able to apply for British citizenship until you have completed five years residence in the UK.

Unmarried partners based on Tier 1 and 2 are granted for the duration of the permit holders’ visa. Unmarried partners under Tier 1 and 2 must complete five years as a dependent if the application is processed after 9 July 2012.

Unmarried partners based on British citizens are granted for 30 months, after which an application can be made for an extension of another 30 months, which should take the applicant to the qualifying period of 60 months for indefinite leave to remain in the UK.

For more information about UK visas, visit the Breytenbachs website

The post The UK unmarried partner visa – all you need to know appeared first on Australian Times News.

The implication of the visa cap being reached in a month is that many UK businesses that apply for Restricted Certificates of Sponsorship to employ non-EU workers are not able to do so. They subsequently have to wait for the next monthly round of allocations of the Restricted Certificates of Sponsorship (CoS). Furthermore, it is not only a waiting game, but they have to lodge a new CoS application for consideration.

This has huge implications for many sectors in the UK economy, including a growing shortage of staff at the National Health Service (NHS) in the UK. (Note, however, that certain medical professions are on the Shortage Occupation List, and were, according to the Home Office, never refused.)

Medical Doctors and Nurses no longer included in UK Tier 2 Skilled Worker Visa cap

Fortunately, on 15 June 2018, the UK Government announced plans to exclude doctors and nurses from the cap on the Tier 2 skilled worker visa.

There will henceforth not be restrictions on the number of doctors and nurses that can be employed via the Tier 2 skilled worker visa. It will thus be possible to recruit more international doctors and nurses. This is, of course, excellent news for the NHS, which according to the Home Office, accounts for 40% of the Tier 2 allocations.

Good news for other Sectors in the British Economy

The fact that doctors and nurses will be excluded from the Tier 2 Skilled Worker visa cap, also bears good news for other sectors of the economy.

This should free up hundreds of places every month for other skilled workers applying for the restricted Certificates of Sponsorship, including; engineers, IT professionals, teachers and others.

How the UK Tier 2 Skilled Worker Restricted Certificates of Sponsorship are allocated

The UK’s annual quota for Tier 2 Restricted Certificates of Sponsorship is 20,700. The unrestricted Certificates of Sponsorship do not have an annual cap.

Every month some Tier 2 restricted certificates of sponsorship are allocated. If the demand for CoS is more than the Home Office have available then applications that score, the least number of points will be rejected and have to reapply for the consideration the following month.

Where there are not sufficient numbers of CoS available to meet demand, the Home Office uses a point-scoring system to determine which CoS to issue. This system prioritises applications that are on the Shortage Occupation List, PhD level positions, and graduate roles recruited through milk round. After that, applications for positions with higher salaries attached to them will score more points than those with lower salaries attached.

For more information on UK Tier 2 Restricted Certificates of Sponsorship, or to get your application started, please feel free to contact us at info@bic-immigration.com or visit our website at www.bic-immigration.com

The post UK Tier 2 cap on Skilled Worker Visas to be lifted for doctors and nurses appeared first on Australian Times News.

Dependents of UK Ancestry Visa holders can be any one of the following persons;

• Your spouse;
• Civil partner;
• Unmarried or Same-sex partner; and
• Children under the age of 18 years old;

How can a dependent join the UK Ancestry Visa holder in the UK?

The dependents, as listed above, can apply for a visa to join the UK Ancestry Visa holder in the UK. If the application is successful, the Home Office will grant leave to the dependents for the same period as the UK Ancestry Visa holder.

It is best that they apply at the same time as the main visa holder. It is, however, possible for them to apply at a later stage.

Can dependents of UK Ancestry Visa holders work in the UK?

Dependents of UK Ancestry Visa holders have no work restrictions on their stay in the UK. They can work in employment, or self-employment or combine the two.

What happens if I have a child in the UK, while on a UK Ancestry Visa?

Should you have a child in the UK, while in the UK as an Ancestry Visa holder, you will be able to apply for a dependent visa for the child from within the UK.

Can my dependents apply from within the UK?

Dependants of the UK Ancestry Visa holder can apply to extend or switch their visas to stay with the Ancestry visa holder if they are already in the UK.

Note, however, that it is not possible to do so if the dependent is in the UK on a UK visitor visa.

Do I need to extend my stay together with the UK Ancestry Visa holder?

The leave as a dependent of a UK Ancestry Visa holder is granted for the same period of leave as the UK Ancestry Visa holder. When the Ancestry Visa holder applies for an extension, the dependents can apply for the same.

When will a UK Ancestry visa dependent qualify for Indefinite Leave to Remain?

The dependent of a person with a UK Ancestry Visa can apply for Indefinite Leave to Remain at the same time as the person with the UK Ancestry Visa applying for Indefinite Leave to Remain.

If you need any more information on the UK Ancestry Visa or any other UK immigration issue, please feel free to visit www.bic-immigration.com or email us at info@bic-immigration.com

IMAGE: Via Pixabay

The post What about dependents of those on UK Ancestry Visas? appeared first on Australian Times News.

One of these immigration routes that in the process is often overlooked is the Tier 1 Entrepreneur immigration route that is available to entrepreneur teams.

Tier 1 Entrepreneur teams

The Tier 1 Entrepreneur immigration route offers the opportunity for people to form entrepreneur teams. This will thus make it easier to qualify, than applying on your own.

Applicants can form an entrepreneurial team with one other Tier 1 Entrepreneur applicant. The investment funds for the application are shared, subject, of course, to strict criteria.

The £200,000 in Investment Funds criteria

This funds must either be your own or made available to you by third parties. Or they must be in a joint account with your spouse or partner. If the monies are in a joint account with your spouse or partner, they must also at the same time apply for the Tier 1 Entrepreneur visa.

The advantages of the Tier 1 Entrepreneur route for Entrepreneur teams

One of the main advantages of the Tier 1 Immigration route is that the entrepreneur team, and all dependants on this visa, can qualify for settlement in the UK after five years.

In cases where the team is able to create ten jobs, they may apply for settlement sooner. An example is where they created three jobs in the first year, three in the second year, and four in the third year. They can also qualify for the earlier settlement if they have a turnover of £5 million in three years.

If you are interested in finding out more about the Tier 1 Entrepreneur route, you can visit the Breytenbachs website. Alternatively, contact them at info@bic-immigration.com.

TOP IMAGE: Tumisu via Pixabay

The post UK Tier 1 Visa available to entrepreneur teams appeared first on Australian Times News.

The consultants at Breytenbachs Immigration have had to deal with a number of cases where airlines refused persons to board in such situations. We also received a number of queries from distressed employees whose UK employers did not accept the valid visa in the expired passport as proof of their right to work in the UK.

Expired Passport – UK Home Office Guidance

The official guideline from the Home Office regarding the matter states that a person can still use the valid visa in the expired passport. He/she will, however, have to show the expired passport together with the new passport when travelling.

UK employers can also check a person’s right to work with the UK Employer Checking Service.

Solution for the Expired Passport, Valid Visa Situation

Probably the safest solution is to replace your visa with a Biometric Residence Permit (BRP). This transfer can be done if you are in the UK.

If you are outside the UK and have an expired passport with a valid visa, it is possible to apply to transfer the UK visa to your new passport.

It is not mandatory for a person to apply for a Biometric Residence Permit where the passport has expired. There are however some benefits of doing so that are listed by the Home Office:

• Enhanced security features of the BRP.
• It proves that a person has the right to work and access certain benefits.
• It will facilitate travel to and from the UK.

Biometric Residence Permits

Fortunately, for newer UK Visa applicants the Biometric Residence Permit is now issued to all applicants.

All successful UK visa applicants, excluding those who apply for visitor visas and EEA Family permits, receive a 30-day vignette in their passports.

The applicant then has 30 days to leave their home country. Once in the UK, they are required to collect the Biometric Residence card or BRP. This card will then, in essence, be the UK visa, settlement, Ancestry, Tier 2 work permit, etc. Once a person applies for Indefinite Leave to Remain, a new Biometric Residence Permit is issued, stating this new status.

In the light of the doubts about the situation that sometimes arise at airports, and with UK employers, Breytenbachs Immigration Consultants highly recommend that persons with expired passports rather apply for a Biometric Residence Permit. This should remove all doubts and ensure peace of mind for the visa holder!

For more information, visit Breytenbachs’ website at www.bic-immigration.com

IMAGE: Via Pixabay.com

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Tips for a smooth Indefinite Leave to Remain application

Keep track of all your overseas travels. It is useful to maintain a travel list throughout your time in the UK. This will also help to ensure that you do not exceed the travel restrictions. Currently, there is a limit of no more than 180 days absence in any 12-month rolling period. This will save you from having to compile a historic list from the stamps in your passport. As we all know, this can be time-consuming and tricky, especially if you travel frequently!

If you have a partner attached to your application, it will be best to ensure that you are both receiving multiple items of correspondence in your names to you. Also, ensure that it is sent to your home address and that you retain these items of correspondence. Keeping a record of this will enable you to provide evidence of your continued cohabitation in the UK. The same applies if your application is based on your relationship to a British national.

If you are a Tier 2 migrant and you intend to change to a new sponsor, then it is best to ensure you keep your P45 confirming your employment with your previous sponsor. It will also be wise to keep evidence of your annual leave allowance, and business trips. This can be proven by, e.g., your contract of employment.

If you are an Ancestral Visa holder, you must keep in mind that you have to undertake employment during the course of the 5 years in order to meet the requirements for ILR. Alternatively, you have to show that you been genuinely seeking work.

It is essential that you lodge your application for Indefinite Leave to Remain prior to your current visa expiring. So, please get in touch with your Breytenbachs consultant well in advance!

You can read more about Indefinite Leave to Remain here. If you have any specific questions or want to proceed with your ILR application, contact Breytenbachs Immigration Consultants.

TOP IMAGE: Via Pixabay.com

The post Tips for a smooth Indefinite Leave to Remain application appeared first on Australian Times News.

What is the Minimum Pay Threshold?

Tier 2 (General) and Tier 2 (Sportsperson) visa holders have to fulfil a minimum pay threshold when they apply for Indefinite Leave to Remain (ILR) in the UK.

The vast majority of visa holders in these two visa categories who are applying for Indefinite Leave to Remain thus have to proof that they are earning this minimum pay threshold. If they are not able to do so and none of the exemptions from the pay thresholds apply, their application for ILR will be refused.

Schedule for the Minimum Pay Threshold

£35,000 if you apply for settlement on or after 6 April 2016.
£35,500 if you apply for settlement on or after 6 April 2018.
£35,800 if you apply for settlement on or after 6 April 2019.
£36,200 if you apply for settlement on or after 6 April 2020.
£36,900 if you apply for settlement on or after 6 April 2021.
£37,900 if you apply for settlement on or after 6 April 2022.

Do other immigration categories also have to satisfy the Minimum Pay Threshold when they apply for ILR?

No. Many visa holders incorrectly fear that they are also subject to the Minimum Pay Threshold requirement when they apply for ILR.

Please note that it is only applicable to Tier 2 (General) and Tier 2 (Sportsperson) visa holders applying for ILR.

Are Tier 2 visa holders whose jobs are on the Shortage Occupation List also subject to the Minimum Pay Threshold?

Fortunately, Tier 2 migrants whose occupations are on the Shortage Occupation List are exempt from the Minimum Pay Threshold. However, they still need to be paid the appropriate rate for their occupation.

Tier 2 visa holders whose occupations are at PhD level and Tier 2 (Ministers of Religion) are also exempted from having to meet the Minimum Pay Threshold. However, they do need to be paid at an appropriate rate for the occupation.

What can be included in the basic salary package to meet the Minimum Pay Threshold?

The total salary package under Tier 2 required to meet the applicable minimum salary threshold can only comprise of guaranteed earnings.

The guaranteed earnings can include the basic salary and any guaranteed allowances. The guaranteed allowances may include London weighting or guaranteed bonuses which will be paid for the duration of the migrant’s sponsored Tier 2 employment.

What happens if I am not able to fulfil the Minimum Pay Threshold requirement?

If you are not able to fulfil the Minimum Pay Threshold requirement your ILR application will be refused. If you cannot extend your Tier 2 visa further, then you will then either have to leave the UK, or find an alternative immigration route to stay in the UK.

There are many potential pitfalls in the ILR application process, following a Tier 2 Visa. Take the stress out of your application, and appoint one of Breytenbachs’ expert consultants to handle it on your behalf. Contact our Tier 2 department at info@bic-immigration.com. You are also welcome to read more about the Tier 2 Skilled Worker immigration category here.

IMAGE: Via Pixabay

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How the Tier 2 Intra-Company Transfer work

There are a number of requirements and steps in the Intra-Company Transfer to the UK. The basic process is as follows:

• The licensed UK employer checks whether the non-EEA employee is able to do the job and whether he/she qualifies for the job.
• The employee gets the Certificate of Sponsorship from the UK employer.
• The process then splits as there are two sub-categories.

Intra-Company Transfer – Long Term Staff

• To qualify under this sub-category, you must have worked for the employer overseas for longer than 1 year. The only exception is if they will be paying you more than £73,900 per year.
• They must not be able to fill the position with a UK recruit.
  The transfer must be for longer than 1 year.
• You have to earn at least £41,500 per annum or the ‘appropriate rate’ for the role, whichever is the higher.
• You can stay up to 9 years if you earn more than £120,000 per year. If you earn less than this, you can stay up to 5 years and 1 month.

Intra-Company Transfer – Graduate Trainee

• You will have to be a recent graduate with at least 3 months’ experience with the overseas employer.
• You must be in a specialist role.
• You have to earn at least £23,000 or the ‘appropriate rate’ for the role, whichever is the higher.
• You can only stay up to 12 months.

Advantages of Tier 2 Intra-Company Transfer

One of the biggest advantages of this immigration route is that you will be able to bring your spouse / civil partner / unmarried partner and dependent children under the age of 18 years to join you in the UK.

You can also take on a second job, as long as it is in the same profession and level as your main job, and it is not for longer than 20 hours a week.

Why not look into doing something new and exciting career-wise in 2018! Contact a consultant in Breytenbachs’ dedicated Tier 2 department who is able to assist both employee and employer. 

Visit the Bretyenbachs website for more information.

TOP IMAGE: By Mohamed Hassan via Pixabay

The post Intra-Company Transfer to the UK: take an expat career leap in 2018 appeared first on Australian Times News.

Can Tier 2 workers undertake supplementary work?

Tier 2 migrants may in certain circumstances undertake work other than that stipulated in their Certificate of Sponsorship. This is supplementary employment. The conditions for undertaking this supplementary employment are;

• The job must be on the shortage occupation list; OR
• The job must be in the same sector and at the same professional level as the work per the sponsorship certificate.
• It may not be for longer than 20 hours per week; and
• It is outside the normal working hours for the job for which the sponsorship certificate was issued.

If the Tier 2 worker is able to meet the above requirements re the supplementary employment, the migrant does not need to advise the Home Office.

Can Tier 2 workers undertake secondary work?

In cases where a Tier 2 worker wants to take up a second or additional job, there are some strict requirements.

Secondary work is work that does not fulfil the requirements for supplementary work. It is, for example, longer than 20 hours per week, and not in the same profession as the job specified in the Certificate of Sponsorship.

Secondary work must be with a licensed employer. The migrant must also be able to meet the criteria relevant to the category for the secondary work. The employee must be recruited in line with the Tier 2 rules. The employer must assign a new Certificate of Sponsorship.

Tier 2 workers who want to undertake secondary work, thus basically need to go through the Tier 2 process for the second time.

Can Tier 2 workers undertake voluntary work?

Tier 2 workers may undertake voluntary work in any sector. The worker, however, cannot receive monies for the work.

The worker can, however, receive payments for reasonable expenses, as per the National Minimum Wage Act.

Can Tier 2 workers undertake studies in the UK?

Tier 2 workers can undertake courses of study.

There is, fortunately, no limit on the number of hours one can study or the level of the studies. The Home Office does, however, stipulate that they expect the studies not to affect the ability of the Tier 2 worker to carry out their Tier 2 job.

The studies also do not have to be with a Tier 4 sponsored educational institution.

Breytenbachs Immigration Consultants have a dedicated Tier 2 department. If you have any further specific questions on the Tier 2 Skilled worker route, please feel free to contact us.

TOP IMAGE: Via Pixabay

The post UK Tier 2 visa and additional working appeared first on Australian Times News.

There are however also some UK visa rules that are surprisingly advantageous.

5 surprising UK Visa Rules

1. It is possible to apply for a second Ancestral UK Visa.

In cases where you had an Ancestral Visa and returned to your home country for whatever reason, without having completed your route to Indefinite Leave to Remain, and the visa has expired, it is possible to re-apply for a further UK Ancestral Visa. In these circumstances, you would have to apply from your home country. The time you have completed in the UK, will not count towards your qualifying time for Indefinite Leave to Remain.

In cases where you are still in the UK holding your UK Ancestral Visa but have not satisfied all the rules for Indefinite Leave to Remain, it is possible to apply for an extension on your visa from within the UK.

2. Dependents can in some cases acquire Indefinite Leave to Remain after only spending a short time in the UK!

If you join certain work-based migrants (non-Points based migrants) such as the UK Ancestry or Sole Representative migrants, in the UK as their dependent partner or spouse, prior to them obtaining Indefinite Leave to Remain, then the dependent can obtain Indefinite Leave to Remain together with the main applicant. This is regardless of how long the dependents themselves have held and resided in the UK on their dependent visa.

3. It is possible under certain circumstances to switch to a Tier 2 permit from a Tier 4 Student Visa.

Once a student has completed his/her studies it can be possible to switch to the Tier 2 (General) category. One can switch from within the United Kingdom. This will put the applicant on an immigration route which would lead to Indefinite Leave to Remain (ILR) in the UK.

The UK employer who wants to sponsor the migrant will also enjoy some benefits. There are no requirements in terms of the Resident Labour Market Test!

Contact Breytenbachs for more information on the requirements.

4. An extended non-EU family member of an EU national can accompany the EU national to the UK on the EEA Family Permit.

An extended family member can include, for example, an unmarried partner who has been in a durable relationship with the EU national (and has, in general, lived with him/her for at least 2 years), a brother, sister, aunt, uncle, cousin or niece.

Except for the unmarried partners, all other extended family members have to prove to be or have been dependent on the EU citizen or to be or have been a member of their household.

Extended family members have to apply for an EU Family Permit or EU Residence Card. This will allow them to reside legally in the UK.

5. The UK immigration rules under certain circumstances, make provision for unfortunate cases where domestic violence takes place.

The non-EU national victim does not need to stay in the relationship, in order to stay in the UK. He/she does not need to wait until their current leave in the UK is due to expire before applying. We recommended that the victim applies as early as possible. This way the UK Home Office can deal with recent and up to date evidence.

It is important to note, that one has to submit the application from within the UK.

Please contact us as soon as possible if you are in the UK as a dependent, and the victim of domestic violence.

The UK Visa rules are sometimes daunting. However, it also offers some exciting opportunities for persons who want to live and work in the UK! If you are interested to learn more about the above UK visa rules, please feel free to contact Breytenbachs at www.bic-immigration.com

The post Five UK visa and immigration rules that will take you by surprise appeared first on Australian Times News.

Persons not familiar with the UK immigration terms, often get confused about the Tier 2 processes. They also often mistakenly believe that the Shortage Occupation List plays a role in other immigration routes.

What is the Tier 2 Shortage Occupation List?

The Shortage Occupation List indicates specific jobs identified by the UK government as being positions for which there are not sufficient workers in the UK at present.

The UK Home Office thus make it somewhat easier for overseas nationals to come to the UK to take up any position that meets the requirements of the Shortage Occupation List.
The Shortage Occupation List is not updated very often. The most recent change was in November 2015, when the occupation of nurses was added to the list. The Home Office is, however, able to amend the list at their discretion.

Popular positions on the Shortage Occupation List are the Chef positions, Nurses, IT/Web development, IT business analysts, Architects and some other software development positions.

What is the Tier 2 Visa process?

The Tier 2 visa is linked to the sponsoring UK employer.

If the position offered to the employee is not included on the Shortage Occupation List, then the position needs to be advertised to determine whether a suitable person can be found within the UK workforce. This process is known as the Resident Labour Market Test. Note that there are some other exemptions from the Resident Labour Market Test, such as when the position in question carries a guaranteed salary package of at least £159,600+ per annum.

If the position offered is on the Shortage Occupation List, there is usually no need for the Resident Labour Market test to be conducted. The notable exception to this rule is for Nurses. Whilst Nursing positions are covered by the Shortage Occupation List, the Home Office has specified that companies seeking to offer Nursing positions to migrant workers still have to complete the Resident Labour Market Test.

Once the Resident Labour Market Test is completed, and assuming that this process clearly demonstrates that the company has not been able to find a suitable employee from within the UK’s settled workforce, then the next phase for the company is to obtain a Sponsor Licence. A Sponsor Licence is the overriding permission granted by the Home Office to companies to allow them to sponsor migrant workers under the Tier 2 system.

To obtain a Sponsor Licence the company in question must evidence that it has a need to hire a migrant worker to undertake a qualifying position. They must also provide documents to show that the company is registered and trading in the UK.

A Sponsor Licence is valid for 4 years once it has been issued by the Home Office.
Once the Sponsor Licence is in place the next stage is to apply for a Certificate of Sponsorship (CoS) for use in a specific migrant’s Tier 2 (General) application. Certificates of Sponsorship are electronic documents which relate to a specific migrant seeking sponsorship under the Tier 2 system. It is also sometimes possible, in certain circumstances, to include the CoS application as part of the Sponsor Licence application.
Companies must obtain a new Certificate of Sponsorship every time they wish to sponsor (or continue to sponsor) a migrant worker.

What about entry clearance to the UK?

Once the UK Certificate of Sponsorship (CoS) is approved, an application based on this CoS has to be prepared for the applicant and their dependents (if applicable) to enter the UK. The applicant and their dependents must meet the requirements set by the UK Home Office and submit the Entry Clearance applications in their home country.
The applicant will then obtain entry clearance in line with how long the company have stated that they will require them for the position, which could be up to a period of five years.

For more information about the Tier 2 visa process, contact Breytenbachs Immigration Consultants at bic-immigration.com 

The post So, what is the Tier 2 UK visa? appeared first on Australian Times News.

Current Family Migration rules

In 2012, the UK Home Office introduced a minimum income threshold. This minimum income threshold requires a minimum income of £18,600 for sponsoring a spouse or partner. The amount rises to £22,400 for also sponsoring a child and an additional £2,400 for each further child.

The outcome since was that many families and partners were split up. Breytenbachs have heard many heart breaking stories, as many families and partners were not able to meet these harsh financial requirements.

Ruling by the Supreme Court on the UK Family Migration rules

Earlier this year the Supreme Court ruled in a case of MM et Ors. The judgment upheld in principle the minimum income rule imposed by the UK Government.

The ruling, however, called upon the government to change the rules to ensure that the best interest of affected children is given primary consideration in decisions. The ruling also said that alternative sources of income should be taken into account where the British spouse is not able to meet the minimum income.

New UK Family Migration Rules

The new family migration rules announced by the UK Home Office will come into effect on 10 August 2017.

In short, the rules are amended as follows;

• When an application does not meet the minimum income threshold requirement, the best interest of the child should be taken into primary consideration.
• The child included in a successful application will be granted the same route to settlement as their parent. This could be a five-year or ten-year route to settlement.
• If the sponsor does not meet the minimum income threshold, and there are exceptional circumstances that could have very harsh consequences for any of the parties, the Home Office should consider alternative incomes of the applicants.
• If the applicant cannot meet the Rules, the decision-maker should consider whether there are exceptional circumstances which would render a refusal of the application a breach of Article 8 of the European Convention on Human Rights.
• Should an application be successful based on the new considerations, it will put the applicants on a ten-year route to settlement. Should the applicant, at a later stage be able to meet the financial requirements, they can apply again for the five-year route to settlement.

What should affected families do?

It is expected that it will take the Home Office some time to work through the backlog of about 5,000 family migration applications that were placed on hold in the interim.

Families who previously were not able to meet the minimum income threshold requirement should get in touch with Breytenbachs Immigration.

Persons who have applications on hold may also want to submit further evidence to meet the new rules for alternative sources of income.

We also recommend that the impact of any children affected be highlighted in any future applications. We are confident that with the relaxation in the decision making, we will be able to assist most clients and ensure a successful outcome!

Please contact us at www.bic-immigration.com.

The post Good news: UK Home Office announce changes to family migration appeared first on Australian Times News.

I have an Australian degree qualification. Do I need to have a UK degree to qualify for the Tier 1 Graduate Entrepreneur visa?

You must have a degree qualification, which meets or exceed the recognised standard of a bachelor’s degree in the UK. If you obtained an overseas qualification, the standard must be confirmed by UK NARIC.

Apart from the degree, you must also be identified by a UK Higher Education Institute (HEI) or the Department for International Trade (DIT) as having developed a genuine and credible business idea.

Is there a limit to the number of places awarded in this route?

Yes, UK Visas and Immigration sets an annual limit of 2,000 Tier 1 Graduate Entrepreneur places annually.

My husband and I will be finishing our studies soon. I would like to apply, but will he be able to accompany me to the UK?

Yes, your spouse/civil partner/unmarried partner/same-sex partner and any dependent children can apply to accompany you.

He will also be able to work in the UK without restriction.

Does this immigration route lead to settlement in the UK?

Unfortunately, the Tier 1 Graduate Entrepreneur does not lead to Indefinite Leave to Remain.

You will be granted an initial leave to remain for one year. You can then apply to extend your stay in the UK for another year. The maximum period allowed under this category is two years.

After two years in this category, you may be eligible to apply as a Tier 1 Entrepreneur, provided your business is successful.

Therefore, this category does not, in itself, lead to Permanent Residence. However, it does provide an applicant with up to two years’ Leave to Remain in the UK. This may facilitate future applications to enter an immigration route which will lead to Indefinite Leave to Remain.

If you have any further questions on this exciting route, please feel free to contact us via the Breytenbachs website.

TOP IMAGE : Via Pixabay

The post UK Graduate Entrepreneur immigration FAQs answered appeared first on Australian Times News.

• Apply for your extension or new visa before your current visa expires

This might seem very logical, but a surprising number of people fall into this trap. Make sure you have enough time to get all the information and documents ready before your current visa or permit expires. If you have already fallen into this trap, we advise that you contact BIC as soon as possible to arrange a consultation to find out what options you have.

• Ensure that you have a current, valid passport.

If your current passport has expired or is due to expire before you submit your visa application, you must arrange to apply for a new passport. Please note that for certain applications, you may be required to have a longer validity date left on your passport at the point of application.

• Original documents

Ensure that you have your birth certificate, marriage certificate, degree certificate or any other original documentation required for your visa application at hand. Most applications require original documentation.

• Know the requirements of your current UK visa

All Visas issued for Entry Clearance and Further Leave to Remain come with requirements. Ensure you know what these are and that you are following them up to the point of application and continue to do so if you are extending your visa.

• Criminal Convictions

If you have a criminal conviction, it could affect your visa application depending on the date of conviction, amount and the sentence issued. You must always keep the relevant documents, that comes with it and be truthful and honest about any convictions. The Home Office runs checks on all applicants. If you have not declared your convictions on the application form, you may receive an automatic refusal and could be faced with a ban from re-entering the United Kingdom.

• English language requirement

For most Aussies, this is a given. But for some people it is important to know how they are going to meet this requirement. There are various ways to do this, but you must ensure that you meet the requirements at the correct level. If in doubt, speak to your BIC consultant to double check that you are fulfilling the English language requirement at the correct level.

• ​Make sure you have the money available for the application fee

Save up for the application fee, which could be hefty for some applications. Please also keep in mind that apart from the Home Office fee, the Immigration Health Surcharge is payable with most UK visa applications. Please speak to your Breytenbachs consultant for more information.

• Do not book any overseas travels

We advise our clients not to book any overseas holidays or trips until you have the approved application and documents back. The Home Office processing times varies for different types of applications and depending on the volume of applications they have.

Please note that at the time of publishing this, all of the above information is correct. Requirements for Immigration change and evolve regularly. We understand that there is lots of information to take in and lots of requirements to meet, and it can be very overwhelming.

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Why not arrange a consultation with Breytenbachs and allow us to ease the burden and help you with the application? We offer a professional, friendly and exemplary service that will put your mind at ease and ensure that the application process is smooth and efficient!

Visit the visit the Breytenbachs website for more information.

The post Top tips for a smooth UK visa application appeared first on Australian Times News.

Free to do so

In order to get married in the UK, you have to be free to do so. That is, you have to be single, divorced or widowed, and not closely related to the person you are seeking to marry. You also have to be more than 18 years old. Persons between 16 and 18 years old of age, are also allowed to get married but must have the permission of their parents or legal guardians.

It is also possible for persons of the same sex to get married in the United Kingdom.

Giving Notice at the Register Office

The standard notice period to get married in the UK is 28 days. This applies to both British and non-British citizens. When giving notice at the Register Office, details of where you intend to marry, have to be included. The notice is then publicly displayed in the register office for the 28 days.

The Register Office needs proof of your name, age, nationality, and proof of address. You will also need to pay the application fee.

If you are divorced, you will need to provide a decree absolute or final order. If you are widowed, you will need to bring the death certificate of your former partner.

In cases where one of the parties to the marriage is a non-EEA national, not exempt from immigration control, the matter may be referred to the UK Home Office.

After giving notice, the couple may proceed to have a religious ceremony or civil ceremony at least 28 days after giving notice, but within one year. Note that these periods differ slightly for Scotland.

Under certain very strict circumstances, it is possible to apply for a shorter notice period of 15 days, but very strict criteria apply.

Special arrangements regarding non-EEA national partners

In cases where one of the parties is from outside the European Economic Area, and subject to immigration control, you have to give the standard 28 days’ notice at the Register office in England and Wales. You will only be able to give notice if you have both lived in England and/or Wales for at least seven days.

Your notice period may then be extended to 70 days if you or your partner:

• Is a non-EEA national;
• Has limited or no immigration status in the UK;
• Cannot provide the registrar with enough evidence to show that you are settled in the UK.

You will be informed within 28 days if your notice period will be extended. If your notice period is extended your proposed marriage or civil partnership will be referred to the UK Home Office. The Home Office may investigate to determine whether the proposed marriage or civil partnership is genuine.

The UK Home Office may decide to conduct an interview or request more information as part of their investigation. It is important to comply with the investigation, or you will not be allowed to get married or form the civil partnership.

The following persons are exempted from the referral to the UK Home Office;

• British Citizens.
• EEA Nationals.
• Foreign Nationals not subject to UK Immigration Control.
• Persons with settled status or UK Permanent Residence.
• Persons with Entry Clearance to the UK as a Fiancé or Proposed Civil Partner.

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If you are looking to get married in the UK, and need more information or assistance with visas relating to the marriage, contact Breytenbach’s dedicated team of consultants. Go to www.bic-immigration.com

The post How to get married in the UK if you are a non-EU citizen appeared first on Australian Times News.

All the different reports and speculation on what will happen are obviously causing distress and confusion for many EU nationals following the Brexit vote. According to the Daily Express, the Home Secretary Amber Rudd has previously admitted that the EU nationals living in the UK will need ‘some sort of documentation.’  What this documentation will be, only time will tell.

In the light of the current uncertainty, we recommend the following to our EU national clients;

• EU nationals currently living in the UK who do not hold EEA Residence Cards should apply for these cards without delay. This will serve as proof that the person held a residence card for the UK prior to the UK leaving the EU.
• EU nationals who currently qualify to apply for UK Permanent Residence, should apply without delay.

It is important to note that in the past, EU citizens who have been exercising the EU treaty rights in the UK for six years or longer could apply for UK citizenship straight away. However, since 12 November 2015, if a person with Permanent Residence in the UK (Indefinite Leave to Remain) wishes to apply for British Citizenship, he or she first have to apply for a Permanent Residence Card.

EEA Nationals and their family members, who have been living in the UK for the required period, are thus no longer able to apply for British Nationality straight away. They first have to apply for Permanent Residence. This change in the UK Immigration Rules was introduced by the British Nationality (General) (Amendment No. 3) Regulations 2015.

The application for Permanent Residence is similar to the Indefinite Leave to Remain application. Should the EU citizen be successful in his/her application, it will mean that there are no restrictions attached to the person’s leave in the UK.

To qualify to apply for Permanent Residence, the following criteria among other things have to be fulfilled;

You must normally have lived in the UK for a continuous period of five years as:

• an EEA national ‘qualified person’ (worker, self-employed, self-sufficient, student or job seeker),
• an EEA national former worker or self-employed person who has ceased activity in the UK because you have retired, are permanently incapacitated, or you’re now working or self-employed in another EEA state but still retain your residence in the UK.

EU citizens are not required to undertake the Life in the UK test and English language requirement to apply for permanent residence. However, you will be required to undertake these when applying for British citizenship.

Once you have obtained permanent residence, you will be eligible to apply for British citizenship. You may not be required to wait an additional period before qualifying as the UK Home Office will provide the date of when you have been deemed to have received permanent residence. This means that 12 months from the date you were deemed a permanent resident you will be able to apply for citizenship.

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The consultants at Breytenbachs understand the uncertainty and stress surrounding these applications. You are welcome to arrange a consultation with one of our OISC registered consultants, and allow us to ease the burden and assist you with the application.  We offer a professional, friendly and exemplary service that will put your mind at ease and ensure that the application process is smooth and efficient!

Get in touch with us today at www.bic-immigration.com or info@bic-immigration.com

The post Brexit advice to EU Nationals living in the UK, sort out permanent residency now appeared first on Australian Times News.

But what exactly does the Immigration Skills Charge entail?

From 6 April 2017, companies sponsoring Tier 2 migrants will be levied an Immigration Skills Charge.

The Skills Charge will apply to sponsors of Tier 2 employees assigned a certificate of sponsorship in the ‘General’ and ‘Intra-Company Transfer’ routes.  The charge will be levied whether they are applying from outside the UK, inside the UK to switch to the Tier 2 route from another route, or inside the UK to extend their current visa.

Cost of the Immigration Skills Charge

The charge will be levied as an upfront charge of £1,000 per Tier 2 employee per year, for the total period of time covered by the certificate of sponsorship.

Sponsoring employers will thus be expected to pay the charge at the same time that they assign the certificate of sponsorship to the non-EU national.

The skills charge will not be charged for the Tier 2 worker’s family members (‘dependants’).

Small businesses and charity sponsors will get relief in the form of a reduced rate of £364 per year.  The Home Office considers a sponsor as a small business if their annual turnover is £10.2 million or less, and if the sponsoring company have 50 or fewer employees.

According to the UK Home Office, the money collected will be utilised by the UK Department of Education to address skills gaps in the UK workforce.

Exemptions on the Immigration Skills Charge

Fortunately, there are some exemptions to the Immigration Skills Charge which include;

• Non-EEA-nationals who was sponsored on Tier 2 before April 2017, and is applying from inside the UK to extend their Tier 2 Visa with the same or different sponsor;
• Tier 2 Intra-Company Transfer Graduate Trainees;
• Foreign nationals doing specified Ph.D. level occupations; and
• Applicants who are changing their status from a Tier 4 Student to a Tier 2 General Visa.

Please note that there might still be changes to the proposed UK Immigration Skills Charge. The UK Government changes the immigration requirements, rules and regulations on a regular basis. We highly recommend that our clients keep in touch with their Breytenbachs consultant, to stay up to date with all the latest changes and how it could affect their situation.

If you need help with a UK visa application, why not arrange a consultation with Breytenbachs and allow us to ease the burden? We offer a professional, friendly and exemplary service that will put your mind at ease and ensure that the application process is smooth and efficient! Please do get in touch with us.

www.bic-immigration.com or info@bic-immigration.com

TOP IMAGE: Library photo via Pixabay.com

The post UK Immigration Skills Charge to be introduced in April appeared first on Australian Times News.

A relationship akin to marriage

In order to qualify for this visa, the applicant will need to show that he/she is the unmarried partner of a person present and settled or being admitted for settlement in the UK. You will need to prove that you have been living together in a relationship akin to marriage for 2 years or more. You will also need to prove that you intend to live together permanently in a relationship akin to marriage in the future.

It is thus important to note that although marriage is not required, the relationship must be a real one, and akin to marriage.

Proving the relationship

Normally, you would need utility bills covering two years, such as tenancy agreements, bank statements and other bills being posted to the same address. It will be best if the bills are joint, but you can also have separate accounts as long as it shows the same address.

Age Restriction

You and your partner have to be 18 years or older in order to apply.

Financial Requirement

There is a financial requirement, and a minimum income threshold is required in order to sponsor the settlement of the partner. There is also a higher threshold for any children, also sponsored.

If your partner is a British citizen, you will have to fulfil the financial requirement. A minimum income threshold of £18,600 is required in order to sponsor the settlement of the partner. If you are from within the UK, the £18,600 can be made up from the income of both parties, and it should thus be easier for you to fulfil the financial criteria.

If the partner present and settled in the UK is the holder of an Ancestry Visa, you will not need to fulfil the minimum income criteria.

In cases where the partner is a Tier 1 or Tier 2 holder, the maintenance requirement of those visas will have to be fulfilled.

Same-sex Relationships

The Unmarried Partner Visa is available to persons in both heterosexual and same-sex relationships.

The right to work

If you are successful in obtaining your visa, there will be no work restrictions on your stay. This is one of the main advantages of this visa, and you will be able to be employed, self-employed or combine the two. 

Permanent Residence

If your unmarried partner visa is based on your partner’s Ancestral visa, the unmarried partner visa will be granted for the duration of the ancestral visa, and you can apply for Indefinite Leave to Remain (ILR) with the ancestral holder. However, once ILR has been obtained, you will not be able to apply for British citizenship until you have completed 5 years residence in the UK.

Unmarried partners based on Tier 1 & 2 are granted for the duration of the permit holders’ visa. Unmarried partners under Tier1 & 2 must complete 5 years as a dependent if the application is processed after 9 July 2012.

Unmarried partners based on British citizens are granted for a period of 30 months, after which an application can be made for an extension of another 30 months, which should take the applicant to the qualifying period of 60 months for Indefinite Leave to Remain in the UK.

If you are interested in applying for a UK Visa or Permit and need more information regarding the visa application process, please feel free to contact the Breytenbachs team of dedicated consultants.

We guide our clients through the entire process, thereby ensuring peace of mind and a successful outcome. Please feel free to fill out the form below to get in touch with Breytenbachs Immigration Consultants.

www.bic-immigration.com or info@bic-immigration.com

The post Not ready for marriage, but want to join your partner in the UK? appeared first on Australian Times News.

Here we clarify some of the unknown aspects of the visa:

Working on the UK Ancestry Visa

My husband is the breadwinner, and a dependant on my Ancestral Visa. Do the rules of the visa require me to work at all, whilst on the visa?

One of the rules of the UK Ancestral Visa is that you must be able to work and intend to work whilst in the UK on this status.

Furthermore, in order to be eligible to apply for Indefinite Leave to Remain after five years on this visa, the applicant must be able to provide evidence that they have indeed been working during the five years of their visa.

The main advantage of the Ancestral Visa is that one can work without restrictions in the UK. Not only will you be able to work for an employer, but the visa will also allow you to be self-employed.

Spouses, civil partners, unmarried partners and dependent children can join the Ancestry holder in the UK and they will be granted the same period of leave as the main applicant and will be able to work without restriction.

Applying for a Second Ancestral Visa

I previously worked in the UK with a UK Ancestral Visa in 2010. However, I was made redundant by my UK employer and as I could not find another suitable position in the UK, and subsequently returned to my home country. My visa has since lapsed. Can I apply for another Ancestral visa?

It is possible to re-apply for a UK Ancestral Visa. This must be done from your home country.

You will be issued with a new UK Ancestral Visa if you meet the requirements.

Unfortunately, the time you have completed in the UK previously will no longer count towards your indefinite leave to remain.

Dependants

I am a dependant on my wife’s Ancestry Visa, and we have now been in the UK for only a couple of months. We are about to start the process of divorce. Will this affect my visa status in the UK?

Your dependency visa is based on your marriage to your wife. If you get divorced, you will no longer be able to live and work in the UK, as your dependency visa will no longer be valid.

In order to continue to live and work in the UK, if you get divorced, you will have to qualify and apply for a visa in your own right.

If you want to apply for a UK visa, why not arrange a consultation with Breytenbachs and allow us to ease the burden and help you with the application? We offer a professional, friendly and exemplary service that will put your mind at ease and ensure that the application process is smooth and efficient!

www.bic-immigration.com or info@bic-immigration.com

The post Confused about the UK Ancestral Visa? Some questions answered appeared first on Australian Times News.

The right of abode is a statutory right, which a person either has or does not have.

There are two categories of people who currently have the right of abode in terms of the UK Immigration rules:

• British citizens.
• Commonwealth citizens who had the right of abode immediately before 1 January 1983 and who have not, since then, ceased to be Commonwealth citizens.

In order to prove the ‘right of abode,’ a person is required to present one of the below forms of evidence:

• A UK passport describing them as a British citizen.
• A UK passport describing them as a British subject with the right of abode in the UK, or…
• A certificate of entitlement to the right of abode.

Certificate of Entitlement to Right of Abode

Persons who hold British citizenship and would like to travel to the United Kingdom but don’t hold a current valid British passport can apply for the ‘certificate of entitlement.’

The certificate of entitlement is perfect for applicants who have never held a British passport before, who are eligible for one but, however, don’t have the means or time to apply for the British passport at present.

It is important here to keep in mind that the certificate of entitlement holds the same status as a British passport, but only permits entrance into the United Kingdom as a British citizen.

The certificate of entitlement is in the form of a visa endorsed into your current valid passport (Non-British passport). The advantage of applying for this is that it can be done via the regular visa application routes in your home country.

Do note, however, if you are in fact eligible for a British passport and have never held one, we would advise that you apply for this as your first option, as this is, of course, the best option.

However, the certificate of entitlement is an alternative route available to British citizens who have never held a British passport before but cannot apply for one due to inadequate documents or due to time restraints.

Please note that at the time of publishing, all of the above information is correct. UK Immigration rules change and evolves regularly. Applying for your UK visa, can be time-consuming, stressful and feel overwhelming at times. Why not arrange a consultation with Breytenbachs and allow us to ease the burden and help you with the application? We offer a professional, friendly and exemplary service that will put your mind at ease and ensure that the application process is smooth and efficient!

The post UK visas and passports: Right of abode explained appeared first on Australian Times News.

There were also some other major immigration changes, such as the new minimum pay threshold that impacted significantly on the lives of many immigrants.

Unfortunately, with significant immigration changes, there are often rumours going around that confuse people even further. We have subsequently answered some of the most frequently asked questions posed to our advisors in 2016, that will provide you with the correct facts.

Brexit

Question:

I am an EU citizen living and working in the UK, and very concerned about how Brexit will affect my ability to stay in the UK. Do you have any guidelines on the issue?

Answer:    

At this stage, there is no definite answer on when Article 50 will be triggered to start the formal process of the United Kingdom leaving the European Union. The UK will, however, remain a member of the EU throughout this process, and until Article 50 negotiations are concluded.

There are some indications that EU nationals currently living in the UK will be able to continue to do so, after Brexit. This is however not confirmed.

For now, Breytenbachs recommend that EU citizens who can apply for UK Permanent Residence do so, for their peace of mind, and as a possible safeguard against having to leave the United Kingdom upon Brexit becoming a reality. Please speak to your BIC advisor for the rules on applying for Indefinite Leave to Remain as an EU National.

Minimum Pay Threshold

Question:

I am in the UK on an Ancestry Visa. How will the minimum pay threshold  affect me when I apply for Indefinite Leave to Remain?

Answer:

One of the biggest misconceptions about the minimum pay threshold is about who is affected by it.

In this regard, it is important to note that the minimum pay threshold is only applicable to Tier 2 (General) and Tier 2 (Sportsperson) migrants who are applying for Indefinite Leave to Remain (ILR) in the UK. There are many persons on other migration routes that still incorrectly fear that this will affect them, but persons in other immigration categories do not need to worry. The pay threshold only applies to Tier 2 (General) and Tier 2 (Sportsperson) visa holders. It will NOT affect applicants for ILR in any of the other immigration categories.

All Tier 2 (General) and Tier 2 (Sportspersons) who are applying for Indefinite Leave to Remain (ILR) in the UK, have to earn at least £35,000 when applying for Indefinite Leave to Remain.  If they are not able to prove that they are earning this minimum pay threshold, they have to leave the UK, unless they can find an alternative route to remain in the country. This came into effect on 6 April 2016.

Fortunately, there are exceptions to the minimum pay threshold including;

• Tier 2 migrants whose occupations are skilled to Ph.D. level,
• Tier 2 migrants whose occupations are on the Shortage Occupation List,
• Under certain circumstances, Tier 2 migrants who were sponsored as Tier 2 General migrants and their occupation was listed on the Shortage Occupation List.

Please speak to your BIC advisor for further details on other exceptions.

Right to Rent

Question:

I have recently arrived in the UK and have been informed by a letting agent that they have to check my right to rent in the UK. Please, can you tell me more about this?

Answer:

Since 1 February 2016, all new tenants have to prove that they have a right to rent a property in England. Should a person not be able to provide the acceptable documents, he/she will not be able to rent property in England.

A landlord, householder or agent who does not follow the correct right to rent checks and is found to have let the property to a person who does not have the right to rent, will become liable to pay a civil penalty.

The UK Government introduced these new rules to make it more difficult for illegal immigrants and overstayers to stay in the UK.

Keeping up with all the changes to UK Immigration law can be daunting. Arrange a consultation with Breytenbachs and allow us to ease this burden.  We offer a professional, friendly and exemplary service that will put your mind at ease and ensure that the application process is smooth and efficient.

www.bic-immigration.com or info@bic-immigration.com

The post The most common FAQs about UK immigration in 2016 appeared first on Australian Times News.

Below we highlight some of the most prominent changes to Tier 2 announced by the UK Government.

The changes made to the Tier 2 were first proposed in March 2016, and include the following:

• The Tier 2 (General) salary threshold for experienced workers will be increased to £25,000. There will be some exemptions.
• The Tier 2 (Intra-Company Transfer) salary threshold for short-term staff will be increased to£30,000.
• The Tier 2 (Intra-Company Transfer) graduate trainee salary threshold will be reduced to£23,000.
• The number of Tier 2 (Intra-Company Transfer) graduate trainee places will be increased to 20 places per company per year.
• The Tier 2 (Intra-Company Transfer) skills transfer sub-category will be closed.

The changes above will apply to all certificates of sponsorship assigned on or after 24 November 2016.

Intra-Company Transfers are currently not liable to pay the Immigration Health Surcharge, but will also become liable in due course. The date is not known yet.

Breytenbachs Immigration Consultants has a dedicated Tier 2 Department. If you have any queries on how these changes could affect you, please feel free to contact us.

CONTACT BREYTENBACHS: www.bic-immigration.com or info@bic-immigration.com

TOP IMAGE: lONDON (Via: Canva.com)

The post Changes to UK Tier 2 Visa confirmed appeared first on Australian Times News.

The Long Residence criteria

In order to qualify under the long residence rule, you must have permission to stay in the UK in any immigration category or a combination of different immigration categories. You must also have been in the UK legally for a period of ten years, and adhered to your visa terms during this time.

The ten-year qualifying period is counted as from you first arrived in the UK with a visa or when you were first given permission to stay in the UK.

The continuous residence in the UK must have been spent without any gaps. A person is however allowed to leave the UK during continuous residence for up to 180 days at a time, and 540 days in total.

Time count in prison, a young offenders’ institution or secure hospital does not count as time spent. Neither does time spent in the Republic of Ireland, the Isle of Man or the Channel Islands.

Persons who are between 18 and 65 years old, have to pass the Life in the UK test and fulfil the English language requirement.

Where an applicant has overstayed their visa, there is a provision in the UK Home Office guidance to disregard one small break. However, it is vital that professional advice is taken if this is the case. It is also possible to apply where an applicant has left with a valid visa and returned to the UK with a valid visa, providing the absence was for less than six months. An applicant must also not have had absences totaling 18 months over the 10 year period.

If you want to find out more about the long residence application, or want to apply, contact our OISC registered immigration consultants today.

www.bic-immigration.com or info@bic-immigration.com

The post Indefinite Leave To Remain: Settlement in the UK based on long residence appeared first on Australian Times News.

Relocating to another country

Do I need to protect my British citizenship if relocating to another country?

It is important to take note of the following; if you hold Indefinite Leave to Remain (ILR) for the UK, you may reside outside of the UK for up to two years without losing the UK status. If you remain outside of the UK for longer than 2 years, you will automatically lose your ILR Status.

However, once you have obtained British citizenship, you will be able to leave the UK for an indefinite period of time. Remaining outside of the UK will not lead to the loss of your British citizenship.

Biometrics Card

Can I destroy my Biometrics Card now that I have received my British Citizenship?

No. As soon as you receive your certificate of British Citizenship, you have to send your biometric residence permit back to the UK Home Office within 5 days of; going to your citizenship ceremony or getting your certificate of British citizenship.

You can cut it up, with a note stating that you are returning it, as you have received citizenship to POL Returns, PO Box 195, Bristol, BS20 1BT.

If you do not return it within the specified time, you will be fined up to £1,000.

Renewing your British Passport

Is it possible to renew your British passport if you reside outside of the UK?

If you are residing outside of the UK, it is possible to renew or apply for your first British passport. This application is processed within the UK through Her Majesty’s Passport Office in the UK. The applications are sent via courier and will take approximately 6 weeks to process.

Travelling to and from the UK

I do not have a British passport yet, can I use my certificate of British citizenship to travel abroad?

No, you must have either a British passport or a right of abode certificate to enter the UK. You will not be allowed to enter the UK using your Biometric Residence Permit or certificate of British citizenship.

Please note that the above are the current rules and subject to change, so it is always advisable just to check with your BIC consultant from time to time.

www.bic-immigration.com or info@bic-immigration.com

The post So you have obtained British Citizenship… Now what? appeared first on Australian Times News.

What is the Purpose of the Biometric Residence Card?

The BRP holds the biographic details of the holder, such as the name, date, and place of birth, as well as the biometric information – fingerprints, signature, and facial image.

The Biometric Residence Permits is the proof of the holder’s right to stay, work or study in the UK. The card shows the immigration status of the holder, together with entitlements or access to public services in the UK.

It can be used by the holder of the permit as a form of identification.

The holder must show the card at the border, together with a passport, when travelling to and from the UK.

Who has to apply for a Biometric Residence Permit?

The UK Government issues Biometric Residence Permits (BRP) to all non-EEA nationals who are staying in the UK for longer than six months. Eg. Persons who have successfully applied to settle in the UK, overseas students coming to study in the UK and persons on the long-stay UK work visas.

Persons on short-term visas (shorter than six months), such as the UK Tourist Visa, are not issued with Biometric Residence Permits.

What is the Process of Obtaining the Biometric Residence Card?

When a UK Visa Applicant is successful in their UK Visa application, they receive a 30-day sticker in their passport.  This entry clearance sticker indicates the person’s grant of leave in the UK.

This entry clearance visa or sticker in the passport is only valid for 30 days once received by the applicant, and the applicant needs to travel to the UK within this 30-day period. In cases where an applicant is not able to travel within the 30-day period, they will need to apply for a replacement. It is, therefore, crucial that UK Visa Applicants make sure of the date they intend to travel to the UK when they apply for their UK Visa.

Once a person is successful in their UK Visa Application, the UK Home Office will provide them with a letter with all the details on the collection of their Biometric Residence Permit (BRP).

Applicants have to collect their BRP card from the designated Post Office in the UK, within ten days of their arrival in the UK. It the card is not collected within the ten days or arrival, the person may face a fine or other penalties.

Feedback from clients shows, that even though the requirements for the collection of the BRP cards indicate that a person is allowed to collect the cards for all dependents on the application, some UK Post Offices require all dependants (and even minor children) to be present when collecting the BRP cards.

All applications made for the extension of stay/leave to remain in the UK will automatically receive a biometrics card upon approval.

When is the Biometric Residence Card no longer needed?

Once a person has successfully applied for his/her British Citizenship and has attended their naturalisation ceremony, they need to send their Biometric Residence Permit (BRP) back to the UK Home Office.  Failure to do so may result in a financial penalty.

If you have any further queries on the UK Biometric Residence Card, please feel free to speak to your BIC consultant for more information.

Visit www.bic-immigration.com or email info@bic-immigration.com

The post UK Biometric Residence Permits: all you need to know appeared first on Australian Times News.

Under previous UK Home Office guidance, the period between entry clearance issue and entering the UK could only be counted toward the qualifying period if the applicant entered the UK within 90 days of the entry clearance issue date.

In new UK Home Office guidance published on 25 April 2016, it changes the position so that the period between entry clearance issue and entering the UK can now be counted toward the qualifying period, regardless of when entry took place(so even if the applicant entered after 3 or 4 months for example). The days entered late will, however, form part of the applicants’ allowable 180 days absence in the relevant 12 month period, so it still gets taken into consideration, just in a more flexible manner.

In a nutshell, the changes are as follows

• The time between the entry clearance being granted and the actual entry into the UK can be included as part of the continuous period in the UK.

• The absences between the date entry clearance is granted and the date you enter the UK are treated as an absence from the UK. This absence will form part of the 180 days allowed within the relevant 12-month period.

The UK Home Office, however, warns about the implications in the way absences are calculated by providing the following example;  If you entered the United Kingdom 100 days after you obtained entry clearance and had a further 81 days absence during the remainder of that 12-month period, a person would have exceeded the number of absences permitted from the United Kingdom.

The UK Home Office guidance clarifies that an applicant does not need to provide evidence to demonstrate the reason for delayed entry.

For more information, please contact your BIC consultant.

www.bic-immigration.com or info@bic-immigration.com

TOP IMAGE: Shutterstock.com

The post UK permanent residence: changes in the way continuous period is calculated appeared first on Australian Times News.

Background

The UK Immigration Health Surcharge was first introduced in April 2015, to all non-EEA nationals (excluding Australia and New Zealand) applying for UK visas longer than six months.

It was introduced to ensure that non-EEA Nationals make an appropriate financial contribution to the cost of making use of the National Health Service (NHS). Before the introduction of the surcharge, non-EEA nationals coming to the UK had access to the NHS as if they were permanent residents.

Citizens from Australia and New Zealand were exempted, as their governments had reciprocal healthcare agreements with the UK Government, which exempted them from having to pay this surcharge. This is however now changing with the inclusion of these citizens from 6 April 2016.

Visitors to the UK

The surcharge does not apply to non-EEA nationals coming to the UK for six months or less, or those visiting the UK with a visitor visa. These persons will however still be fully liable for the cost of any National Health Service (NHS) treatment they receive in the UK, during their stay in the UK.

However, citizens of Australia and New Zealand who visit the UK for less than six months will be exempted from having to pay for NHS treatment if the treatment cannot wait until they return home. This exemption is in place due to reciprocal healthcare agreements in place between the UK and these two countries.

Exemptions

Certain categories of UK Visa applications are exempted from having to pay the UK Immigration Health Surcharge. This includes; Intra-company transfers under the Tier 2 immigration route, dependents of a member of Her Majesty’s Forces and migrants who apply under the Home Office concession known as the ‘destitute domestic violence concession’.

The health surcharge is also not payable by applicants applying for Indefinite Leave to Remain (ILR) or British citizenship.

Cost of the UK Health Surcharge

The UK Immigration Health Surcharge is £200 per year. Dependents applying for visas are also subject to the surcharge.

When applying for your visa, you will have to pay to cover the whole period of stay for each application. As an example, if you are applying for a UK Ancestry Visa for five years, you will have to pay £1,000 (£200 x 5 years).

Tier 4 Students pay a lower rate of £150 per year for students.

Persons, aged between 18 and 30, applying to come to the UK on the Tier 5 Youth Mobility Scheme, also benefit from a discounted rate of £150 per person per year. This is the same rate payable by Tier 4 Students.

Practical Implications

From 6 April 2016, all UK visa applications have to be accompanied by the surcharge. It is payable for the total period of the UK visa being applied for. The amount will be collected as part of the immigration application, and the payment is mandatory.

Australians and New Zealanders who apply for their visas before the introduction of the fee on 6 April 2016, will not be subject to this surcharge, and there will be no backdated liability.

We recommend that all clients from Australia and New Zealand, who wish to avoid having to pay the additional health surcharge when applying for a UK visa, contact Breytenbachs Immigration Consultants without delay.

Unsuccessful UK Visa Applications

Should your UK visa application be unsuccessful, you will receive a refund for your UK Immigration Health Surcharge, from the UK Home Office.

For more information about your unique circumstances, please contact your BIC consultant today.

The post UK Immigration introduces NHS surcharge for Australians appeared first on Australian Times News.

Other Exclusions from RLM

You will also not be required to show that you have met the RLMT if the guaranteed salary package for the position amounts to an annual income of £155,300 or more.

What does the RLM entail?

The RLMT is effectively the process by which your employer satisfies the UK government that a migrant worker is the only suitable candidate for the job. This is done by undertaking a period of advertising which meets the UK Home Office precise requirements to demonstrate that they have not been able to find an employee from the settled UK population (which includes EEA nationals).

An advertisement needs to be drafted and placed by the UK Employer. BIC assist employers with ensuring that the drafted advert will meet the requirements of the RLMT, advising on the placement of the advertisement, and assisting with the procedures and due diligence that surround the test. Your employer, for example, will have to make sure to record the placed adverts in a manner which meets UK Home Office guidelines, interview the correct candidates and keep accurate records of the recruitment process.

The RLMT takes at least 28 days to complete. It is usually necessary to complete the RLMT before a  Sponsor Licence application can be submitted, as the Home Office requires evidence to be provided as to why an employer needs a Sponsor Licence when this application is lodged, which includes being able to demonstrate that the company has a genuine need to employ a migrant worker.

Once the company has a Sponsor’s Licence in place and have met the RLM test, they will need to apply to the UK Home Office for a Certificate of Sponsorship (CoS) to be assigned to the applicant. The processing times for having a CoS assigned can vary between a few days and around a month, depending on your circumstances when you apply.

Please do not hesitate to contact your BIC consultant for more advice in your unique circumstances.

www.bic-immigration.com or info@bic-immigration.com

The post UK Tier 2 Work Permits and the Residence Labour Market Test appeared first on Australian Times News.

The consultants at BIC have heard many heart-breaking stories over the past years of the devastating effect the financial requirement had on many families. Fortunately, in many instances BIC were able to assist.

Some pointers, to lessen the impact of the financial requirement is as follows;

• If an application is submitted in the UK, the £18,600 can be made up from the income of both parties. It should thus be easier for the couple to fulfill the financial criteria.
• The income of an applicant or sponsor working in the UK in salaried or non-salaried employment or self-employment may now include income from work undertaken overseas.

Another alternative to consider for desperate families and partners are the so-called Surinder Singh Route. This route entails the following:

The British national in the family has to exercise his/her EU treaty rights. These treaty rights can be exercised by working or being self-employed while being resident anywhere in the European Economic Area, aside from the UK, with his/her non-EU family member (which may be a spouse, civil partner, child under 21, dependent child, or dependent parent/grandparent).

To take advantage of the Surinder Singh route, the UK Home Office requires the British national, together with their non-EU family member, to be able to demonstrate that they have based the “centre of their life” in the EEA country in which they were resident and in which the exercise of treaty rights occurred. The UK Home Office does not specifically prescribe a minimum time that must be spent in the EEA country, but very short periods of residence/work in an EEA country would generally not allow eligibility under this route.

After exercising this EEA treaty right, the family can gain access to the UK, and are covered by European law. They do not need to apply under the UK Family Migration Route, and only need to apply for the EEA family permit. As the EEA Family Permit has no specific minimum financial requirement attached to it, it ceases to be necessary to evidence the £18,600 income threshold that is required under the usual Family Migration route.

It is, however, important to keep in mind that there are very strict requirements for the Surinder Singh route, and should you consider this route; we highly recommend that you first speak to one of our expert UK Immigration Consultants.

www.bic-immigration.com or info@bic-immigration.com

The post We cannot afford to bring my spouse to the UK! appeared first on Australian Times News.

Such persons are thus pleasantly surprised to find out that there are some ‘benefits’ they are entitled to claim. The benefits a person are allowed to claim are the ones based on the National Insurance (NI) contributions they make in the UK. UK National Insurance is paid in the same way as UK Income Tax and is based on earnings.

UK National Insurance Benefits

The NI benefits to which a person are entitled as a result of National Insurance contributions include the following;

• Contribution-based Jobseeker’s Allowance
• Incapacity Benefit
• Retirement Pension
• Widow’s Benefit and Bereavement Benefit
• Guardian’s Allowance
• Statutory Maternity Pay

The UK Public Funds

The UK Public Funds that most persons subject to UK Immigration Control, are excluded from, include; among other things;

Income-based jobseeker’s allowance, Income support, Child tax credit, Universal Credit, Working Tax Credit, Social fund payment, Child benefits, Housing Benefits, Council Tax Benefits, Council Tax reduction, State Pension Credit, Attendance Allowance, Severe Disablement Allowance, Personal Independence Payment, Carer’s Allowance, Disability Living Allowance, Allocation of Local Authority Housing, Local Authority Homelessness Assistance and Domestic Rate Relief (Northern Ireland.

Exceptions to UK Public Funds

It is also valuable to note that National Health Service (NHS) treatments are not considered to be public funds, and foreign nationals can make use of it, subject to some provisos. Any migrant who is residing in the United Kingdom holding a valid visa, which was issued for a period exceeding six months will be able to benefit from “free” use of the NHS.

It should be noted, however, that the Home Office has recently introduced an NHS surcharge which is payable by any migrant applying for Leave to Enter/Remain in the United Kingdom for a period exceeding six months. This surcharge is charged at a rate of £200 per applicant per year of leave being granted. EEA nationals and their direct family members (other than those relying on self-sufficiency to demonstrate exercise of treaty rights) are entitled to free use of the NHS without being required to pay the NHS surcharge.

The UK Law requires all children of school going age to have access to education. Due to this requirement, Local Education Authority (LEA) is not considered as ‘UK Public Funds’ for the purposes of the UK Immigration Rules. Foreign national children of compulsory school age, thus have access to state school education.

It is important to note that there are exceptions to foreign nationals not being able to claim UK Public Funds. A person will, for example, not be considered as accessing UK Public Funds if it is their UK or EEA partner or family member receiving the funds they are entitled to.

A further example is child and working tax credits. These are claimed jointly by couples. Where only one person in the couple is subject to UK immigration control, neither will be treated as such, for the tax credit purposes.

It is also valuable to note that some countries have reciprocal agreements with the UK and the European Union, which allow nationals of these countries to claim certain UK Public Funds.

BIC highly recommends that a person in doubt seeks further advice in their unique circumstances.

www.bic-immigration.com or info@bic-immigration.com

TOP IMAGE: Via Shutterstock.com

The post UK benefits: What foreign nationals can claim appeared first on Australian Times News.

1. Apply before your current Visa expires

It might seem like a logical thing to do, but you would be surprised by the amount of people who do not do this. Ensure there is enough time for you to be able to gather the relevant information and documentation before the expiry of your current UK visa or permit. If your current visa has expired, contact BIC as soon as possible, to arrange a consultation to find out what options you have.

2. Make sure you have a current, valid passport

A new requirement introduced in April this year means that all applicants (including dependants) must have current, valid passports. If your current passport has expired, or due to expire before you submit your application, you must arrange to apply for a new passport. Please note that for certain applications, you may be required to have a longer validity date left on your passport at the point of application. For more information please contact BIC.

3. Know where your original documents are and have them to hand

Whether it is your birth certificate, marriage certificate, degree certificate or any other original documentation required for your application, make sure you know where they are and have them to hand. Most applications require original documentation. Even if the documents have been provided to the UK Home Office before, you should have these in a safe place and ready to be given in with the application to the UK Home Office if required.

4. Be aware of the requirements of your Visa

All Visas issued for Entry Clearance and Further Leave to Remain come with requirements. Ensure you know what these are and that you are following them up to the point of application and continue to do so if you are extending your visa. If you are unsure of requirements, then contact BIC for a consultation. BIC can fill you in on the requirements, even if you are not due to make an application.

5. Criminal Convictions

If you have a criminal conviction, it could affect your application depending on the date of conviction, amount of convictions and the sentence issued. You must always keep the relevant documents, that comes with it and be truthful and honest about any convictions. UK Visas and Immigration (UKVI) runs checks on all applicants. If you have not declared your convictions on the application form, you may receive an automatic refusal and could be faced with a ban from re-entering the United Kingdom for ten years. If you are worried or need advice on the best way to proceed contact BIC today for a consultation.

6. English language requirement

It is important to know how you are going to meet this requirement. There are various ways to do this, but you must ensure that you meet the requirement at the correct level. Please ensure that you speak to your BIC consultant to double check that you are fulfilling the English language requirement at the correct level.

​7. Make sure you have the money available for the application fee

If you are submitting a postal application and are paying by card or cheque, please ensure you have the relevant funds in place to pay for the application. Money could be taken at any time from when the application is received by the UKVI. Please also contact your bank if needed and inform them that the UKVI will take payment from your account and inform them of the amount they are due to take. We also recommend that you pay via Bankers Draft, which your bank will be able to help assist you with.

8. Biometrics

When you submit a postal application, you will be required to have your biometrics taken as part of the application process. These are taken at certain participating Post Offices around the United Kingdom. You will receive a letter shortly after your application is submitted which will explain how you go about getting this done. You must arrange to do these as swiftly as possible and ensure you do it in the time frame provided. There is an additional charge of £19.20 per applicant to have your biometrics taken.

9. Booking travels

We advise our clients not to book any holidays or trips until you have the approved application and documents back. UKVI processing times varies for different types of applications and depending on the volume of applications they have. The UKVI do not give out updates on applications unless they have been pending for six months, even then it is normally minimal information. They will not expedite your application because you have a holiday coming up, and you could, unfortunately, end up missing a trip you have booked and end up losing out financially as well.

We also advise clients applying via the premium service to not book any holidays as well and recommend that you do not leave the Country without your Biometric Residence Permit.

In exceptional circumstances, the UKVI may exercise their discretion and expedite applications, but this does happen very rarely. If it is an emergency, then you will be required to send documentation as proof.   Please speak to your BIC consultant for more information.

10. Immigration Health Surcharge

The UK Health Surcharge is a requirement that came into force from April 2015. Known as IHS for short, this is a payment that needs to be made prior to submitting your application. The IHS is not applicable to all applications. Contact BIC for a consultation to find out if the IHS is a requirement for your application.

Please note that at the time of publishing this, all of the above information is correct. Requirements for Immigration change and evolve regularly. We understand that there is lots of information to take in and lots of requirements to meet, and it can be very overwhelming. Why not arrange a consultation with Breytenbachs and allow us to ease the burden and help you with the application? We offer a professional, friendly and exemplary service that will put your mind at ease and ensure that the application process is smooth and efficient!

www.bic-immigration.com or info@bic-immigration.com

Cover image by Shutterstock

The post Ten tips to ensure a smooth UK visa application appeared first on Australian Times News.

Tier 2 work visa holders often enquire on how a period of unpaid leave, for a sabbatical or similar reason, will impact on their future Indefinite Leave to Remain (ILR) applications.

The UK Home Office is very clear in its guidance on this matter. A period of unpaid leave will most likely cause issues, both for their sponsorship at the time, and for the later ILR application.

If a Tier 2 employee is receiving a reduction in salary as a result of being absent from work without pay for 30 days or more, during any calendar year, the employer cannot continue to sponsor the employee. The UK employer needs to inform the UK Home Office of such absences. The above, of course, excludes periods for specific purposes such as maternity leave.

In cases where a Tier 2 employee thus wants to take a longer period of leave, for example, a sabbatical, the employer will have to stop the sponsorship and inform the UK Home Office accordingly.

A sabbatical will thus not only affect the qualifying period for ILR but can result in the loss of sponsorship altogether.

BIC thus recommend that clients refrain from taking sabbaticals while on a Tier 2 visa.

Indefinite Leave to Remain (ILR)

Clients, who are on a Tier 2 work visa in the UK, should take note of the travel restrictions imposed on them, in their qualifying period for Indefinite Leave to Remain.

Currently, the UK Home Office allows up to 180 days travel per year leading up to Indefinite Leave to Remain for most applicants holding 5-year visas, though evidence must be provided as part of the ILR application to demonstrate that these travels were taken in line with the applicant’s visa obligations in the UK. It should also be noted, however, that if applicants make use of the full 180 days per annum, they may exceed the amount of days permitted to obtain British citizenship.

When applying for British citizenship, applicants must be able to demonstrate that they have not been absent from the United Kingdom for more than 450 days in the five-year period preceding their British citizenship application.

In addition to the above, they may also not have been absent for more than 90 days in the 12 month period preceding the date of application.

There are some instances in which it is possible for citizenship applications to succeed even when the above-stated travel restrictions are exceeded. However, BIC still recommends that clients do not to travel more than 450 days in the years leading up to ILR as to not affect your eligibility for British citizenship.

For more advice in your unique circumstances, or to hear whether you may be able to obtain your British citizenship despite having travelled excessively, please contact your BIC consultant.

www.bic-immigration.com or info@bic-immigration.com

Cover Image by Shutterstock.com

The post Tier 2 Work Permits – ILR and Sabbaticals appeared first on Australian Times News.

In short, the judgment said that the United Kingdom cannot block family member of EU citizens from entering the Britain without a UK visa. In other words, the UK Home Office is not permitted to require the family members of EU citizens, who are already in possession of residence cards, to apply for further documentation to enter the UK.

However, the UK Home Office is apparently considering the implications of the judgment and the case will return to the High Court.

It is important to keep in mind that the family member must travel with the EU citizen, or intending to join the EU relative, and have a residence card under the terms of the Free Movement Directive. Until things are clearer regarding the above, and in order to avoid possible inconvenience and stress, it is suggested by some opinion makers in the immigration field that it might be best to apply for a family permit anyhow.

For more information please email your BIC consultant.

Visit www.bic-immigration.com or email info@bic-immigration.com

The post Britain cannot deny entry to family members of EU citizens without UK visas appeared first on Australian Times News.

Q: I have been offered a Tier 2 work employment with a UK employer. I need to apply for a dependency visa for my wife and children (4 and 6 years respectively) and have been informed that the rules on family migration have changed recently. Can you kindly inform me what the new criteria for the dependency visa are?

A: Yes, the immigration rules on family migration changed on 9 July 2012.

In order to qualify for the dependency visa, you must be the spouse, unmarried or civil partner of the main applicant. Children under the age of 18years may also accompany the main applicant to the UK as dependants.

A minimum income threshold of £18,600 is required in order to sponsor the settlement of a non-EU spouse, partner, fiancé or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child.

Please contact our offices for assistance with your application.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post Dependency Visa appeared first on Australian Times News.

Q: I am currently residing in the UK on a spouse visa and married to a British citizen.  I am extremely worried about how the new family migration rules will affect my situation. This coming month, will be our first anniversary. Can you please inform me how it will affect our situation and my route to British citizenship?

A: Fortunately, you will not be affected by the new UK family migration rules, as it will only apply to applications made on or after 9 July 2012.

You will be entitled to apply for indefinite leave to remain in the UK after you have lived in the UK for two years, and provided that you can prove that you satisfy the criteria for the spouse status at the end of this period. After spending another year on this status, you should be able to apply for British citizenship.

Please contact our offices for further information.

The post Spouse Visa appeared first on Australian Times News.

Q: I have recently arrived in the UK and would like to find out how one qualifies for British citizenship?

A: In most cases in order to qualify for British citizenship, you would be required to complete 5 years lawful continuous stay on a visa leading to permanent residence, and a further 12 months with the status ‘Indefinite Leave to Remain’ or more commonly known as permanent residence, before you will be eligible to apply for British citizenship.

Visas and permits leading to permanent residence inter alia include; Tier 1 Entrepreneur, Tier 1 (General), Tier 2 work permit, the ancestry visa etc.

In some cases it is possible to qualify for permanent residence after three years, such as the Tier 1 Investor and Tier 1 Entrepreneur, if the applicant manages to create 10 jobs a year or have a turnover of £5 million in 3 years.

Visas like student visas and visitor visas are temporary visas and do not normally count towards your British citizenship if applying under the five year lawful continuous stay rule. One exception to this rule is where a person has been in the UK legally for a continuous period of ten years, at which time they can apply for permanent residence under the discretionary ‘ten year’ rule. The ten years may include time spent on temporary visas; such as the two-year working holiday visa, student visas and other temporary visas.

Under the new family immigration rules, if you are married to a British citizen or someone who holds Indefinite Leave to Remain in the UK, you will be able to apply for British citizenship after you have lived in the UK for six years on a lawful continuous stay, provided that you hold permanent residence at the time of your application.

Please contact our offices for more specific advice regarding your particular circumstances.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post British Citizenship appeared first on Australian Times News.

Q: My sister is looking for options to enable them to live and work in the UK. Will the fact that my brother-in-law has Portuguese citizenship enable them to settle in the UK?

A: Yes, it will indeed. Any citizen of an EU country taking up residence in the UK in accordance with EU treaty rights is entitled to bring their family with them. ‘Family’ includes a spouse, children under 21 years and any other family members who are part of the same household and remain dependent upon the EU citizen.

All non-EU members of the family accompanying the EU citizen to the UK can apply for an EEA Family Permit.

The main advantage of this type of visa is that there are no work restrictions on the holder of the visa or their dependants and it can lead to permanent residence in the UK.

Please ask your sister to get in touch with us for further assistance.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post EEA Visas appeared first on Australian Times News.

Q: I have recently visited a community website and there are a number of classified advertisements with people advertising their immigration advice services. Is there a body regulating immigration advisors in order to protect clients?

A: Yes, in order to render immigration advice in the UK you have to be regulated by the Office of the Immigration Services Commissioner or OISC. They also have different levels of advisors, so depending on the complexity of a problem an advisor may assist you or not. All OISC advisers are required to display their certificates of registration or exemption.

The only exception to this rule is persons regulated by the Law Societies of England and Wales, and Scotland.

So unless someone is regulated as set out above, they are prohibited from rendering UK immigration advice, and are committing an offence if they do so.

You will also be pleased to hear that Breytenbachs Immigration Consultants are registered with the OISC to Level 3, which is the top level and therefore we can provide you with immigration advice on all UK immigration matters.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post Office of Immigration Services Commissioner appeared first on Australian Times News.

Q: My cousin’s application for a family visit visa to the UK has been refused. Will she be able to appeal this decision? Is it true that there are new rules being implemented regarding appeals for family visit visas?

A: Yes, your cousin will indeed be able to appeal against the decision, but she must contact us without any delay.

Regarding your question on the new rules, yes, regulations were laid in Parliament that will set out who qualifies for a full right of appeal against a refusal of a visa to visit family in the UK. These regulations will come into force on 9 July 2012.

The changes that are being made will only change the right to appeal, and not the rules governing who can qualify for entry to the UK as a visitor.

The Home Office said that the new rules will change the appeal rights of family visit visa applicants and that those persons applying to visit an uncle, aunt, nephew, niece or first cousin, or a relative who does not have settled, refugee or humanitarian protection status in the UK, will no longer have a full right of appeal if refused. The UK Home Office further said that only a limited right of appeal will remain for these persons based on human rights and discrimination grounds.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post Family Visit Visa Appeal appeared first on Australian Times News.

Q: I have applied for my British citizenship and believe that if successful I will be required to swear an oath of allegiance and take a citizenship pledge. Just out of interest I was hoping that you could provide me with the wording of these?

A: Yes, at the British Citizenship ceremony, the Registrar will invite you to swear the Oath of allegiance or speak the affirmation of allegiance. After this you will have to take the citizenship pledge. The wording of these is as follows:

Oath of Allegiance

I (name) swear by Almighty God that on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors, according to law.

Affirmation of allegiance

I (name) do solemnly, sincerely and truly declare and affirm that on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors, according to law.

Pledge

I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfill my duties and obligations as a British citizen.

________________________________

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post Becoming a British Citizen: Taking the Oath of Allegiance appeared first on Australian Times News.

Q: Can you please tell me what the new changes to the family migration route entails and when it will be imposed?

A: Yes, the UK Home Office has announced changes to the UK immigration rules that will affect non-EEA nationals applying to enter or remain in the UK on the family migration route.

The changes will apply to new applicants from 9 July 2012 and include inter alia the following;

A new minimum income threshold of £18,600 will be introduced to sponsor the settlement of a non-EEA spouse, partner, fiancé, proposed civil partner. This threshold will increase for any children sponsored, to the amount of £22,400 for one child and an additional £2,400 for each further child.

The minimum probationary period for settlement for non-EEA spouses and partners will be increased from the current two years to five years in order to test the genuineness of the relationship.

The route to immediate settlement, for migrant spouses and partners where a couple have been living together overseas for at least four years, will be abolished.

In the light of these stringent new measures that are coming into effect soon, BIC would like to advise all clients who want to make use of the family migration route, to do so as soon as possible in order to avoid these stringent new immigration measures.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post Changes to family migration rules for partners appeared first on Australian Times News.

Q: My father runs a business and wants to relocate to the United Kingdom. He is currently based in Australia. He is interested in the UK Tier 1 Entrepreneur Visa. Is it true that one qualifies quicker for settlement in the UK on this type of visa?

A: Yes, there are indeed many advantages to the UK Tier 1 Entrepreneur Visa.

The UK Tier 1 Entrepreneur Visa holder can qualify to apply for permanent residence at the end of the successful completion of a five-year period on the visa. Furthermore, they may even be able to settle sooner should the applicant manage to create 10 jobs (for example 3 job positions during the first year, 3 during the second year and 4 during the third year) or have a turnover of £5 million in 3 years.

The UK Tier 1 Entrepreneur Visa holder also enjoys more flexibility regarding settlement, as they can spend up to 180 days each year outside the UK without affecting their right to settle in the UK.

Please contact our offices for more information.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post Advantages of the Tier 1 Entrepreneur Visa appeared first on Australian Times News.

Q: I will be finishing my degree later this year and am currently working part-time for an employer who is interested in employing me on a permanent basis on completion of my studies. Will I be allowed to switch into UK employment from a student visa?

A: The UK Government has recently changed the immigration rules in order to allow graduates to switch into UK Tier 2 (General) employment. It sounds as though you are an ideal candidate for this permit.

The UK Tier 2 (General) permit is open to recent graduates with a Bachelor, Master, PhD, PGCE or PGDE from aUKrecognised or listed body. You will need to have a skilled job offer from a licensedUKemployer and be paid at least £20,000 per annum or the minimum appropriate rate for the occupation. Your employer will not be required to complete a resident labour market test (advertising the position) and the job will not be subject to the annual Tier 2 limit.

Please contact our offices for more information.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

Read about: UK Spouse Visa probation — What is the effect of the probationary period increase?

The post UK Tier 2 Graduate – Can I switch from a student visa? appeared first on Australian Times News.

Q: I am currently living in the UK on a student visa. However, I am not keen on continuing my studies and am looking for other options to extend my stay in the UK. I am in a relationship with a British citizen and we have been living together almost since I arrived in the UK just over three years ago. Will I be able to extend my stay in the UK, based on our relationship, on an Unmarried Partner Visa?

 A: It sounds as if you might qualify for the UK Unmarried Partner Visa, and it is possible for persons in heterosexual and same-sex relationships to apply for this visa.

In order to qualify, you will need to prove that you have been living together in a relationship akin to marriage, which has subsisted for two years or more. If you are successful in your application you will be able to work in the UK without any restrictions.

Please contact our offices for more information.

Read about: UK Spouse Visa probation — What is the effect of the probationary period increase?

Updated from 25 May 2012

The post Unmarried Partner Visa – Can a relationship with a UK citizen grant me an extended stay? appeared first on Australian Times News.

A: In most cases, in order to qualify for British citizenship you would be required to complete five years lawful continuous stay on a UK visa leading to permanent residence, and a further 12 months with the status ‘Indefinite leave to remain’ or more commonly known as permanent residence, before you will be eligible to apply for British citizenship.

UK visas and permits leading to permanent residence include; Tier 1 Visa, Tier 2 Visa, and the Ancestry Visa.

Unfortunately, visas like student visas are temporary visas and do not normally count towards your British citizenship if applying under the five year lawful continuous stay rule.

One exception to this rule is where a person has been in the UK legally for a continuous period of ten years, at which time they can apply for permanent residence under the ‘ten year’ rule. The ten years may include time spent on temporary visas; such as the two-year working holiday visa / youth mobility scheme, student visas and other temporary visas.

In the case where you are married to a British citizen, you may apply for British citizenship after you have lived in the UK for three years on a lawful continuous stay, as the spouse of a British citizen, provided that you hold permanent residence at the time of your application.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post How do I qualify for British citizenship? appeared first on Australian Times News.

Q: I have been in Britain for about six years now on various UK student visas. Is there any way that I can apply for my permanent residence based on this time period that I have spent in the UK?

A: Unfortunately, student visas are temporary visas and do not lead to permanent residence.

The only exception to the above rule is the 10-year concession. With a 10-year concession you would need to prove 10 continuous years (not more than 90 days out of theUKin 10 years) of lawful residence in theUK. Time spent on a student visa would count as part of the 10 years.

Please contact our offices for more information.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

Read about: UK Spouse Visa probation — What is the effect of the probationary period increase

The post UK Student Visa: ten-year concession – Can I apply for a UK residence visa? appeared first on Australian Times News.

Q: In your latest newsletter you mentioned that the probationary period for spousal visas could increase. What effect could this potentially have if you hold indefinite leave to remain?

A: According to a leaked cabinet letter there are some proposed immigration changes for the family migration route. In the letter a new income of £25,700 per year is proposed for anyone looking to bring a spouse, partner or dependant to the UK from outside the EU, from June 2012. This minimum income threshold is also set to rise with each dependant attached to the application.

It is further proposed in the letter that the current probation period for spouses and partners must be increased from 2 years to 5 years, before they can apply to live permanently in theUK. These changes are proposed to take effect in June 2012.

As far as we understand at present it will not be made retrospectively applicable, we therefore are of the understanding that it will only relate to applicants applying for spouse visas after June 2012. The new rules will not affect applicants already holding indefinite leave to remain.

BIC would however like to advise all clients who want to make use of the family migration route, to apply as soon as possible, in order to avoid these possible new measures.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

Also read about: British Citizenship: Will tax issues affect my application?

The post Spouse probation – What is the effect of the probationary period increase? appeared first on Australian Times News.

Q: I will shortly qualify to apply for my British citizenship. However, I am a bit worried as I have some outstanding tax issues. Will this influence my application for my British citizenship?

A: The Home Office undertakes certain checks in relation to applications for British citizenship including a check that an applicant’s tax affairs are up to date. If you have unsolved tax issues there is a substantial risk that your application will be rejected. If citizenship is refused, the Home Office will not necessarily cancel your permanent residence, but may well confirm that a further application for citizenship can only be submitted after your tax problems has been resolved.

Please contact our offices, in order for one of our consultants to advise you in more detail.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

The post British citizenship: Will tax issues affect my application? appeared first on Australian Times News.

The post EEA Family Permit – With Dutch citizenship can one live and work in the UK? appeared first on Australian Times News.

Q: I AM in the UK on a student visa and interested to find out more about the new immigration route for graduate entrepreneurs. What are the requirements for this route?

A: The new Tier 1 (Graduate Entrepreneur) scheme will be open for graduates who have been identified by UK universities as persons who have developed world class innovative ideas or entrepreneurial skills, and who are not able yet to fulfill the requirements of the Tier 1 (Entrepreneur) route.

There will be a limit of 1,000 places on this scheme for the first year, which will be divided between the UK universities. The UK Home Office said that it will announce in due course a process and deadline by which the universities that wish to participate in the scheme should register.

Leave will be granted for 12 months, which can then be extended for a further 12 months, provided the sponsoring university is satisfied with the progress made.

Successful applicants will be expected to spend the majority of their time developing their business, but may work for up to 20 hours per week to support themselves. Dependants may join the applicant in the UK, provided the Tier 1 maintenance requirements are met.

Time spend on this category does not count toward settlement and at the end of the two years in this category, the migrant must switch into Tier 1 (Entrepreneur) or leave the UK. A lower fund requirement will apply for migrants switching from this scheme to the full Tier 1 (Entrepreneur)

BIC will update clients as more information becomes available.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post Graduate Entrepreneur – What is the immigration route for graduate entrepreneurs? appeared first on Australian Times News.

Q: MY current employer wants to apply for a UK Tier 2 Visa for myself, but apparently the resident labour market test needs to be fulfilled first. Can you please tell me what this is?

A: The UK Home Office is advised by the Migration Advisory Committee (MAC) as to which areas of the UK labour market are experiencing shortages. The occupations experiencing shortages of labour are compiled in the Shortage Occupation List.

If an occupation is not on the Shortage Occupation List, the employers are required to advertise the position — the resident labour market test. Where the employer can demonstrate after advertising the job, that there is no suitably qualified resident or EU citizen candidate available to fill the vacancy a sponsorship certificate can be issued to the non-EU citizen. This is done to protect the UK labour market.

Please do not hesitate to contact our offices for more information, or for assistance with your application.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post UK Tier 2 Visa: Resident Labour Test – what is this? appeared first on Australian Times News.

Q: You recently mentioned in your column that the probationary period for the UK Spouse Visa is set to increase. Do you have any news on when this change is set to take place, as it might affect me?

A: Yes, it seems that the rumours were indeed true. A leaked cabinet letter from the UK Home Secretary, Theresa May to Nick Clegg has revealed some stringent proposed immigration changes.

In the letter, a new income of £25,700 per year is proposed for anyone looking to bring a spouse, partner or dependant to the UK from outside the EU, from June 2012. This income threshold is a drastic rise from the current threshold of £13,700. This minimum income threshold is also set to rise with every dependant brought in.

It is further proposed in the letter that the current probation period for spouses and partners must be increased from 2 years to 5 years, before they can apply to live permanently in the UK. A higher level of English is also proposed. These changes are also to take effect in June 2012.

BIC would like to advise all clients who want to make use of the family migration route, to do so as soon as possible in order to avoid these possible stringent new immigration measures.

Please contact our offices for further information.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

The post UK Spouse Visa probation – When will the change occur? appeared first on Australian Times News.

Q: Kindly explain to me how the new UK Tier 2 Visa rules will work that will limit leave in this category. Also, will the new rules only apply to new applicants?

A: The UK Home Office has introduced a new rule that will limit leave in the Tier 2 Visa category to a maximum of six years. This new rule will only apply to applicants who entered Tier 2 after 6 April 2011.

Applicants who entered Tier 2 on or before 5 April 2011, will not be affected and will be able to apply for further periods of leave in this category.

However, migrants who do not apply for or obtain settlement must leave the UK on expiry of their leave and wait 12 months before applying to return in Tier 2. This ‘cooling off’ period of 12-months will apply to any Tier 2 Visa migrant who leaves the UK and applies for entry clearance on or after 6 April 2012, regardless of when their previous leave was granted.

Please contact our offices for more information.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com

Also read: Tier 2 Visa – Pay Threshold

The post UK Tier 2 Visa – How will leave be limited? appeared first on Australian Times News.

Q: I am currently working in the UK on a Tier 2 Visa, and confused about the new rule changes on the pay threshold for settlement that will come into effect. Can you please give me a summary of the rule changes and how it will affect me?

A: The UK Home Office has announced new settlement pay threshold rules that will apply to migrants who entered or switched into Tier 2 of the Points-Based Visa System under the rules in force from 6 April 2011. The new settlement pay threshold rules will NOT apply to persons who entered Tier 2 under the visa rules in force on 5 April 2011.

The new rules for UK Tier 2 Visa migrants that will come into force on 6 April 2012 are:

• Tier 2 migrants must be paid at least £35,000 per annum or the going rate for the relevant occupation, whichever is the higher, in order to apply for settlement. This new settlement pay threshold will be held at this level until April 2018.
• Migrants doing jobs which are on the shortage occupation list will be exempted from the pay threshold rules, but still need to be paid the appropriate rate for their occupation.
• “PhD-level’ jobs and Ministers of Religion will be exempted from the pay threshold rule, but will have to be paid the appropriate rate for the occupation.

Please contact our offices for further information.

JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com 

Also read: UK Tier 1 Visa closure — Are there alternatives?

The post UK Tier 2 Visa – the new rules in 2012 appeared first on Australian Times News.

Q: Are there any alternatives to the UK Tier 1 visa post-study work route that I believe is being closed? I am currently a student and was hoping to switch into this route. 

A: Yes, it is true that the Tier 1 Visa (Post-study Work) route will close to new applicants on 5 April 2012.

The good news however is that under new provisions introduced by the UK Home Office, graduates who would previously been eligible under the Post-study route, will now be able to switch into Tier 2 Visa (General).

The Tier 2 Visa (General) will be open to recent graduates with a Bachelor, Master, PhD, PGCE or PGDE from a UK recognised or listed body. Applicants must have a skilled job offer from a licensed sponsor and be paid at least £20,000 per annum or the minimum appropriate rate for the occupation. The employer will not be required to complete a resident labour market test and the job will not be subject to the annual Tier 2 visa limit.

You will also be able to sponsor dependants.

Please contact our offices for further information. 

Breytenbachs Immigration Consultants
JP Breytenbach

Director of Breytenbachs Immigration Consultants
www.bic-immigration.com
info@bic-immigration.com

The post UK Tier 1 Visa closure – Are there alternatives? appeared first on Australian Times News.

A: In the light of the recent recommendation by the Migration Advisory Committee (MAC), the annual limit will in all probability stay at its current level.

The MAC recently recommended that the annual limit should remain unchanged for the new financial year, starting April 2012. The MAC further said that although the current Tier 2 limit is undersubscribed, they recognises that cutting it may affect the perception of the UK as an attractive place to do business.

When the annual limit on the number of Certificates of Sponsorship for Tier 2 workers came into effect on 6 April 2011, 20,700 certificates were made available for the first year. In April 2011, 4,200 certificate of sponsorship were made available and thereafter a monthly allocation of 1,500 places. Unused places are rolled over to the next month.

This lead to a rollover of Tier 2 sponsorship certificates that is getting bigger every month, and according to the latest information from the UK Home Office there are 12,441 sponsorship certificates available for allocation in March 2012!

This is thus a golden opportunity for employers and employees, interested in the Tier 2 scheme!

Breytenbachs Immigration Consultants
JP Breytenbach       
Director of Breytenbachs Immigration Consultants
www.bic-immigration.com
info@bic-immigration.com

The post Tier 2 Annual Limit – Will there be changes? appeared first on Australian Times News.

A: It is true that skilled migrant workers coming to the UK under Tier 2 of the points-based visa system will no longer be able to settle in the UK based on the amount of time they have spent in the UK.

Workers on Tier 2 visa who want to apply for settlement will have to earn at least £35,000 or the going rate for their job, whichever is higher. However, migrants doing jobs which are on the shortage occupation list, scientists and researchers in PhD-level roles, will be exempt from the £35,000 threshold.

These rules will apply to anyone who entered or switched into Tier 2 of the Points-Based Visa System under the rules in force from 6 April 2011 and who will thus be eligible to make a settlement application in this category from April 2016.

The new settlement pay threshold rules will NOT apply to persons who entered under the Tier 2 Visa rules in force on 5 April 2011.

Breytenbachs Immigration Consultants
JP Breytenbach       
Director of Breytenbachs Immigration Consultants
www.bic-immigration.com
info@bic-immigration.com

The post UK Tier 2 Visa new rules – How do they affect me? appeared first on Australian Times News.

Q: I am on a UK Ancestry visa and would really like to start a business in the United Kingdom. Is this within the limitations of my visa? If not, is there a way around it?

A:  The ancestral visa allows you to undertake full time, unrestricted employment in the UK. As an ancestral holder you are also allowed to start a business in the UK or become self employed. You will thus not have any problems starting your own business.

Keep in mind that if you intend to apply for Indefinite Leave to Remain after five years on an ancestral visa one of the criteria is that you should be able to show that you have been economically active throughout that five year period.

Please feel free to contact our offices, should you require any further information or assistance. 

Breytenbachs Immigration Consultants
JP Breytenbach       
Director of Breytenbachs Immigration Consultants
www.bic-immigration.com
info@bic-immigration.com

The post UK Ancestry Visa – Can I start a business? appeared first on Australian Times News.

A: The UK Home Office has announced some new immigration rules that will take effect in April 2012. It is true that one of the rumours going around is that the probationary period for spouses will increase from the current two years to five years, together with these UK immigration changes taking effect in April 2012.

However, please note that this has not been confirmed.

It may therefore be advisable to apply for the UK Spouse Visa before April 2012, in order to prevent a possible extended probationary period.

For more information, please contact our offices at info@bic-immigration.com

Breytenbachs Immigration Consultants
JP Breytenbach       
Director of Breytenbachs Immigration Consultants
www.bic-immigration.com
info@bic-immigration.com

The post UK Spouse Visa: Probation period to increase? appeared first on Australian Times News.

A: In order to meet the residential requirement for UK Indefinite Leave to Remain, Home Office guidance states that one must be able to demonstrate that they have not been outside of the UK in excess of 180 days across the 5-year qualifying period.

The UK Home Office will discount days spent outside of the United Kingdom in excess of the 180 days if the additional days were taken for compassionate reasons, in line with the applicant’s annual leave or were taken to allow the applicant to travel for business. However, the Home Office will require strict proof evidencing that the days taken were for one or a combination of these reasons.

Please keep the above in mind during the qualifying time for ILR, as this will prevent having to extend your current visa, in order to fulfil the requirements for ILR.

If you have any concerns about your current eligibility please contact our office.

Breytenbachs Immigration Consultants
JP Breytenbach       
Director of Breytenbachs Immigration Consultants
www.bic-immigration.com
info@bic-immigration.com

The post Residential requirements for UK Indefinite Leave to Remain Visa appeared first on Australian Times News.

A: Once you have been granted Indefinite Leave to Remain this will not be revoked if you separate from, or even divorce your spouse. You will retain your status as a permanent resident of the United Kingdom regardless of your marital status. You will also still be able to apply for British Citizenship when you become eligible. However, the date on which you become eligible to apply for British Citizenship may differ dependent on whether you are still married to your spouse.  Please contact our offices for further information and assistance.

Please contact our offices for more information.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

Read about: Spouse visa probation — What is the effect of the probationary period increase?

The post Divorce and your UK visa residency status appeared first on Australian Times News.

A: As an EEA national you will automatically be deemed to have been granted Permanent Residency once you have resided in the United Kingdom continuously for five years, provided that you have consistently exercised your treaty rights during the whole of the five year period.

In order to apply for British Citizenship you need to demonstrate that you have resided in theUnited Kingdomfor five years, that during those years you exercised your treaty rights consistently, and that you have held Permanent Residency for at least 12 months. Accordingly, if you do not have a Permanent Residency Visa in your passport you will need to demonstrate that you have resided in the United Kingdom for six years in total and that for the first of those five years you consistently exercised your treaty rights.

Please contact our offices for further advice and assistance.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

The post Dual Nationality for Australia and the UK appeared first on Australian Times News.

A: It is true that as from 19 December people will need to lodge their appeals at the Tribunal in the UK.  Appeals lodged at any of the overseas visa application centers will not be accepted.  As your appeal has been lodged before this date, it will still be considered.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

The post UK visa appeal process appeared first on Australian Times News.

A: Ancestral visa holders are required to complete five years on their current status under the present law.  During the course of the five years there is a travel restriction which must be maintained as well as a few other requirements set out by Home Office guidelines. Upon completion of the five years the applicant will qualify for indefinite leave to remain (ILR) in the UK.

Applications can be submitted 28 days before the completion of the required five years.  Once the ILR has been obtained, applicants will need to complete a further 12 months in order to qualify for citizenship (unless for example married to a British citizen).

In order to qualify for British citizenship, the applicant should not travel more than three months out of the 12 months required.  The British application is currently taking three-six months to process; you will be able to remain resident in the UK while the Home Office is processing the application. Please contact our offices for assistance.

Please contact our offices for more information.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

The post Getting British citizenship after a UK Ancestry Visa appeared first on Australian Times News.

A: Unfortunately it is NOT possible to change from a Student visa to a Youth Mobility visa from inside the UK.  You will need to go back and apply from your home country.

The only countries in the Youth Mobility Scheme at present are Australia, Canada, New Zealand, Japan, and Monaco but we understand from the Home Office that other countries will be added to the list in due course.

Please contact our offices for further assistance.

The post Switching from a UK Student Visa to the Tier 5 Youth Mobility Visa appeared first on Australian Times News.

A: Changes to the Immigration Rules have been laid in Parliament to reinstate a minimum age of 18 for a spouse, civil partner, fiancé, proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011. You can therefore reapply – of course you need to meet all the requirements of the rules, but the fact that your wife is 20 years old and not 21 is therefore not a barrier against applying. You can also ask for a review given that you applied recently. This must be done before the 31st of May 2012.

Please contact us for further assistance.

The post UK Spouse Visa for under 21s appeared first on Australian Times News.

A: There is a visa available known as the elderly dependent visa or rule 317 visa, for which she might qualify. In order to qualify your mother will have to be financially mainly dependent on you and be over the age of 65. If she is under the age of 65, she will have to show that she is a widow who is living alone outside your country of residence on the most exceptional compassionate circumstances.

Please contact our offices for more information in this regard.

The post Is there a UK visa for your elderly dependent from Australia? appeared first on Australian Times News.

Q: I am an unmarried mother, my daughter, 6 years old, is a British citizen as her father is British. My daughter was born in Australia and would like to take up a prep school in the UK next summer. What are the visa options for me to be in the UK with her?

A: There are not many visa options available which will allow you to reside with your child in the UK.

It is possible to look into the ‘Right of Access’ to a Minor Child Visa; however this application is based on the fact that the child will be residing with the father in the UK and you will have regular visitations.

This option will not allow you to undertake employment in the UK as it is similar to a visitor visa, but as an alternative, other options could be considered like finding an employer in the UK and apply for a UK Tier 2 General Permit, or a student visa which is an ideal visa for a person who wants to further his/her academic studies, whilst at the same time being able to travel and take up part-time work in the United Kingdom.

The post UK visa for access to a minor child appeared first on Australian Times News.

A: You should be able to apply from within the UK if the student visa that you are currently on gives you permission to live here for a total of more than 6 months since your most recent admission to the UK. Therefore if the visa was issued for longer than 6 months you can apply from within the UK, but if the visa was 6 months or less you will have to return to your country of nationality and apply there.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

Read about: UK Spouse Visa probation — What is the effect of the probationary period increase

The post Changing from a Student Visa to Unmarried Partner Visa in the UK appeared first on Australian Times News.

A: Marriage to a British citizen will allow you to apply for a 2 year spouse settlement visa. The application must be submitted at the British High Commission before travelling to theUK.

There is currently no waiting period to apply once the marriage has taken place, you can submit the application as soon as it is possible. Once you have completed the two years on the spouse visa, you can apply for Indefinite Leave to Remain/Settlement/Permanent Residency.

In the case where an individual has been married for more than 4 years to a British Citizen abroad, they need to pass the Life in the UK test first, and can then apply for Indefinite Leave to Remain/Settlement/Permanent Residency, and need not wait for the two years to pass.

JP Breytenbach
Director of Breytenbachs
Immigration Consultants
www.bic-immigration.com
info@bic-immigration.com

The post Can I get a UK Spousal Settlement Visa? appeared first on Australian Times News.

A: You can of course appeal against the decision and the appeal must be lodged within 28 days of the date of decision. However please note that the Appeal Form has to be completed correctly and all of the grounds upon which you wish to rely upon must be included in the form. If any grounds are missing you will not be able to introduce them later.

Case law says that the subsisting marriage requirement means more than just legally subsisting – the marriage has to be an ongoing, live one. It is therefore important to show that the two parties are regularly in contact, whether that is by telephone, text message, correspondence or e-mail.  Evidence of visits is very helpful, including passport stamps, photos and then any other evidence of activities together.

If an appeal is necessary then the date of the assessment of the facts at the appeal is the date of the original refusal. This means that evidence arising after the original refusal is unlikely to be relevant, unless it clearly casts light on the facts at the time of the refusal. The burden of proof rests with the applicant i.e. we have to prove our case. Failing to produce this sort of evidence means that it is very difficult to win a case.

I would strongly advise you to seek independent legal advice on your appeal because appeals such as yours can be very difficult however with the appropriate expert advice it is more than surmountable.

We as an OISC organisation have Level 3 expert advisors who will be more than able to assist you.

JP Breytenbach | Director of Breytenbachs Immigration Consultants
www.bic-immigration.com | info@bic-immigration.com

The post UK Spousal Visa – what is the appeal process? appeared first on Australian Times News.

A: You can apply for extension during the last 3 months of your current leave to remain. You must have a new Certificate of Sponsorship (CoS) for your extension application.

You must apply no more than 3 months before the start date on yourCoS.  Your salary must be at least the same, or higher, than that shown on yourCoSfor your previous grant of leave.  A Resident Market Labour test (advertising) is not required for extension applications.

The proposed changes to settlement for Tier 2 visa holders are still pending, but we believe that, if accepted, it will only be applicable to new applications from a date in the future.  In your case, and provided your current 3 year period is extended for another 2 years, we can see no reason why you should not then qualify for Indefinite Leave to Remain provided you comply with all the other requirements as well.

The post Can I get a UK Tier 2 Visa extension? appeared first on Australian Times News.

Would I need to go home and get married or is there some way I can get a UK Spousal Visa because of my fiancée’s passport?

A: Marriage to an EU citizen will allow you to apply for the EEA Family Visa (Residence Card). This visa will be granted for a period of five years, during which you will be able to undertake fulltime, unrestricted employment.

Upon completion of the five years you will qualify for permanent residence.  Provided that your current visa is still valid, you can get married in the UK and apply for the visa from within the UK as well.

JP Breytenbach | Director of Breytenbachs Immigration Consultants
www.bic-immigration.com | info@bic-immigration.com

The post Visa options for an Australian spouse in the UK appeared first on Australian Times News.

A: If the child is biologically your partner’s and provided the child is under 18 and we can prove dependency, we should be able to do a dependency visa on your Ancestral visa similar to that of your partner’s for the child.

Many factors come into play however. For example: Who has sole responsibility for the child? Who has custody? Does the other biological parent give their permission for the child to travel to the UK and reside here?

A consultation with one of our expert consultants will be ideal to discuss the situation and your options in detail.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

The post Dependent children on UK Ancestry Visas appeared first on Australian Times News.

Q: I have recently acquired British citizenship through naturalisation. My mother is an Australian citizen, and living in Australia. She is 65 years old and in her last year of employment before retiring. She is considering living in the UK indefinitely without working and with me as her support. After the recent death of my father, I am the only remaining close relative of hers, hence the consideration to move to the UK.

Firstly, is this possible? Secondly, how would I go about doing this? I have heard that there are family permits that can be applied for relatives of UK citizens?

A: It is possible to apply for a parental visa for a parent who is over the age of 65. However these applications are extremely complicated and require supporting documents that confirm that the parent is financially dependant on you. Your parent may qualify if they meet the following criteria:

• The are completely or mainly financially dependent on children or grandchildren living and settled in the UK
• The parent has no other close relatives in their own country who can provide financial support.
• The UK sponsor can support the parent without needing help from public funds, and
• The UK sponsor has enough accommodation, which they alone own or live in, where the applicant can live without needing any help from public funds.

JP Breytenbach

Director of Breytenbachs Immigration Consultants Limited

www.bic-immigration.com or info@bic-immigration.com

The post Are there UK visas for my elderly parents? appeared first on Australian Times News.