Måned: juli 2011

European Nationals and Family Members:

Points Based System Sponsorship (Employers and Educational Establishments

with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points Based

System):

Applications made outside the UK:

If you are outside the UK and you wish to make an application for Entry

Clearance, please contact the British Diplomatic Post (the High Commission,

Embassy or Consulate) where you will be submitting your application for

information.

Contact details for British Diplomatic Posts can be found on the Foreign

& Commonwealth Office website at:

Information about the following subjects is provided below.

1. Outstanding Applications / Return of Documents

2. Change of Address / Change of Circumstances

3. Biometric Residence Permits for Foreign Nationals

4. HSMP Forum judicial review

5. Points Based System

6. Students

7. Marriage, Unmarried Partner or Civil Partnership with a British or

Settled

Person

8. UK Ancestry

9. Working Holidaymakers

10 . Child born in the UK

11. Settlement – Knowledge of Language & Life in the UK

12 . Indefinite Leave to Enter

13. New Passport

14. Reporting an immigration offence

For data protection reasons, we are unable to respond to enquiries about

individual cases by e-mail. UK Border Agency will contact you if further

information is required to complete your application. If you sent your

application by Recorded or Special Delivery, its receipt can be confirmed on the

Royal Mail website at:

If you make an application before your authorised stay ends, your existing

immigration status will continue until your application is decided, even if the

decision is not made until after the end of your permitted stay. If your

existing visa or other permission to stay here allows you to work, you can

continue to do so until your case is decided.

If you require the urgent return of your documents, please see the UK Border

Agency website at

An online process for the return of documents from COA applications is now

available on the UKBA website at:

An online process for the return of documents from PBS Tier 2 & 5

applications is now available on the UKBA website at:

Please be advised that you will need to complete the online form with all

required information.

2. Change of Address / Change of Circumstances

We are unable to deal with change of address/circumstances notifications by

e-mail.

If you have made a Points Based System application, details of how to inform

us about your change of address or other change of circumstances can be found on

the UK Border Agency website at:

For other applications, details can be found in the guidance notes for the

application form you have submitted, under "Contacting us after you have

applied". The guidance notes are also available on the UK Border Agency website.

3. Biometric Residence Permits for Foreign Nationals

UK Border Agency issues Biometric Residence Permits to foreign nationals from

outside the European Economic Area (EEA) and Switzerland who are given

permission to extend their stay in the United Kingdom in the following

categories:

· Sponsored Skilled Workers and their dependants, on application form Tier 2

(General / Minister of Religion / Sportsperson / Intra Company Transfer).

·

·

·

·

·

· Those applying for a transfer of conditions on application form TOC.

Biometric Residence Permits for Foreign Nationals (BRP’s) will be phased in

over the next three years for all those from outside the EEA and Switzerland who

are coming to the UK for more than six months, or extending their permission to

stay in the UK in other categories.

Detailed information about the Biometric Residence Permits can be found on

the UK Border Agency website at:

If your BRP has been lost or stolen, or if you need a replacement BRP for

other reasons, you will need to submit an BRP(RC) application form. The

application form and guidance notes are available on the UK Border Agency

website at:

4. HSMP Forum judicial review

If you made your initial application for an HSMP approval letter before 3

April 2006, you are eligible to make an application for indefinite leave to

remain (ILR) under the HSMP Forum (UK) Ltd High Court judgment of 6 April 2009,

even if you did not receive the letter or subsequent leave to enter or leave to

remain until after this date.

In order to apply for ILR, you will need to meet the following criteria:

·

·

·

If you are covered by the judgment and you meet the above requirements, you

can make an application for ILR on form SET(O) up to 28 days before you complete

the qualifying period. You and any dependants who are included in your

application are not required to meet the Knowledge of Language and Life (KOL)

requirement.

If you have completed four years in the UK, and you previously applied for an

extension in order to complete the five year qualifying period, you can apply

for ILR immediately provided you meet the criteria above.

If you previously applied for ILR after four years and your application was

refused, you can request a review of the original decision. You can do so if you

were granted further leave to remain following a successful appeal, or if you

did not appeal, or if your appeal was dismissed. You do not need to submit

another ILR application. You must obtain and complete the Review form: HSMP ILR

Judicial Review), which can be downloaded from the UK Border Agency website

at:

If you have completed four years in the UK in a qualifying period and you

have an outstanding application for Further Leave to Remain, you do not need to

take any further action. Your application will be identified as one which may be

varied to Indefinite Leave to Remain and you will be contacted about this.

5. Tier 1 (Post Study Work)

You will need to complete a self-assessment before you complete the Tier 1

(Post Study Work) application form, in order to calculate the points you can

claim for Attributes, English Language and Maintenance requirements. Full

details of the requirements and the Points Based Calculator tool for

self-assessment are available on the UK Border Agency website at:

You can check on the Points Based Calculator tool whether the course you are

studying will earn sufficient points to qualify for leave to remain in the UK

under Tier 1 (Post Study Work).

If you score sufficient points to make an application, you will be able to

complete and submit application form Tier 1 (Post Study Work) which is available

on the UK Border Agency website.

One of the required documents is your original certificate of award. However,

if you are unable to provide it because it has not yet been issued, you may

submit your application without it, provided that the letter from your academic

institution includes additional information explaining your individual

circumstances.

If your application is successful, you will be granted two years leave to

remain in the UK during which time you will be free to seek employment without

having a licensed sponsor.

You will be able to apply to switch from Tier 1 (Post Study Work) to Tier 1

Investor or Entrepreneur, Tier 2, or Tier 4. However please note, time spent in

the UK in the Tier 1 (Post Study Work) category does not count towards the

qualifying period for Indefinite Leave to Remain.

By completing form Tier 1 Post Study Work, you are also applying for a

Biometric Residence Permit

The Highly Skilled Migrant Programme was previously replaced by Points Based

System Tier 1 (General).

Tier 1 (General) is closed to new in-country applicants as of 6 April 2011

and is already closed for out of country applicants.

As of 6 April 2011, you will only be able to apply to switch to Tier 1

(General) in the UK if you currently have leave to enter or remain in one of the

following categories: Highly Skilled Migrant Programme, Self Employed Lawyer,

Writer, Composer or Artist.

Transitional arrangements will allow those already in the UK under Tier 1

General, and contributing to the economy, to continue their stay in the UK.

You will need to complete a self-assessment before you complete the Tier 1

(General) application form, in order to calculate the points you can claim for

Attributes, English Language and Maintenance requirements. Full details of the

requirements and the Points Based Calculator tool for self-assessment are

available on the UK Border Agency website at:

By completing form Tier 1 General, you are also applying for a Biometric

Residence Permit

When applying for Tier 1 (General, Post Study Work or Entrepreneur) from

within the UK, you are required to submit documents showing you have had savings

of at least £800 which must have been held for a consecutive 90 day period prior

to the date of application.

If you are including dependants in your application, or applying separately

for dependants, you will need to show additional savings of £533 for each

dependant. If the main applicant is outside the UK, or has been present in the

UK for less than 12 months, each dependant must show that they (or the main

applicant) have at least £1,600 to support themselves.

The balance must be maintained at or above the required amount which must

have been held for a consecutive 90 day period prior to the date of application.

If it has dipped below the required balance at any time during the consecutive

90 day period prior to the date of application, the maintenance requirement will

not be met and you are not eligible to make an application.

The types of documents you need to send to support your application are

described in detail in the appropriate section of the UK Border Agency website.

For further detailed information, please refer to the website at:

If you score sufficient points to make an application, you will be able to

complete and submit application form Tier 2 , which is available on the UK

Border Agency website. Details of the fee payable for this application and

required documents are included in the application form and guidance notes.

If your application is successful, you will be granted a maximum of three

years plus 14 days leave to remain in the UK, or in line with the Certificate of

Sponsorship plus 14 days, if it has been issued for less than three years.

When applying under Tier 2 from within the UK, you are required to submit

documents showing you have had savings of at least £800 which must have been

held for a consecutive 90 day period prior to the date of application. If the

balance has dipped below £800 during the consecutive 90 day period prior to the

date of application, the maintenance requirement will not be met.

If dependants are applying at the same time or separately, you will need to

show additional savings of £533 for each dependant. If the main applicant is

outside the UK, or has been present in the UK for less than 12 months, each

dependant must show that they (or the main applicant) have at least £1,600 to

support themselves.

The maintenance requirement can also be met by the A-rated Sponsor providing

a written undertaking that, should it become necessary, they will maintain and

accommodate the applicant and their dependants during their first month in the

UK. This must be confirmed on your certificate of sponsorship.

The types of documents you need to send to support your application are

described on the UK Border Agency website at:

By completing form Tier 2, you are also applying for a Biometric Residence

Permit

Points Based System Tier 4 came into effect on 31 March 2009. Tier 4

(General) is for adults (aged 16 or over) coming to or remaining in the UK for

study, and for those continuing their education from leave as a Child Student.

Tier 4 (Child) is for children between the ages of 4 and 17 who wish to be

educated in the UK. Those aged between 4 and 15 may only be educated at

independent (private) fee-paying schools.

In order to qualify, you need a valid Confirmation of Acceptance for Studies

(CAS) from an education provider which holds a Sponsor's Licence.

You also need to meet the applicable maintenance requirements, which vary

according to your circumstances. Full details of the requirements for adult and

child students, and the application forms Tier 4 (G) and Tier 4 (C), can be

found on the UK Border Agency website at:

By completing form Tier 4, you are also applying for a Biometric Residence

Permit

Students of any age may use a bank account in their parent’s name as evidence

that they meet the maintenance requirement.

If you are applying under Tier 4 you must show that you have held the funds

for at least 28 days before applying. You will need to provide the correct

documents to support your application, as specified in the PBS Tier 4

Application Form and Policy Guidance.

If you have paid fees and other expenses in advance, you can deduct the

amount paid from the maintenance funds shown, but you must provide the required

evidence that confirms payment has been made, as described on the application

form. Any advance payments made before you have been granted leave to enter or

remain are made entirely at your own risk. You should seek advice from the

education provider or other organisation to which payment will be made regarding

their terms and conditions.

You will be able to apply to switch into Tier 4 (General) if you meet the

requirements and you are currently in the UK with permission to stay in one of

the following categories: Post study worker (Tier 1), Skilled worker (Tier 2

General), Intra-company transfer (Tier 2), Minister of religion (Tier 2), Child

student (Tier 4), Prospective student, Student, Student re-sitting an

examination, Student nurses, Students writing up a thesis, Student Union

sabbatical officer, Work permit holder, Postgraduate doctor or dentist,

participant in the Science and Engineering Graduates Scheme, participant in the

International Graduates Scheme, participant in the Fresh Talent: Working in

Scotland Scheme.

If you are currently in the UK in any other category, you will need to leave

the UK and apply for Entry Clearance.

Under the Points Based System (PBS), migrants from outside the UK will need

to be sponsored by an employer or education provider on the UK Border Agency’s

Sponsors Register in order to obtain a visa.

For further information regarding the Points Based System and Sponsorship,

please visit the UK Border Agency website at:

6. Students

Students

The student category of the Immigration Rules was replaced by Points Based

System Tier 4 on 31 March 2009

Unless their visa states otherwise, a person who is aged 16 or over, and

holds valid leave to enter or remain as a student under the student category of

the Immigration Rules for 6 months or more, may undertake employment for:

If you have leave to enter or remain to study under Tier 4 (General), the

maximum amount of part-time work you can do during term time is:

· 20 hours per week if you are studying a course at or above UK degree level

or a foundation degree course, and/or if you made your application to study

under Tier 4 (General) on or before 2 March 2010; or

· 10 hours per week if you are studying a course that is below UK degree

level and is not a foundation degree course, and you made your application to

study under Tier 4 (General) on or after 3 March 2010.

A student must not engage in business, self-employment or the provision of

services as a professional sports person or entertainer. A student is not

permitted to pursue a career by filling a permanent full-time vacancy.

You can continue working full time when your studies are completed for a

period of four months or until your visa expires, whichever is sooner, whilst

waiting for your examination results, prior to attending your graduation

ceremony or before commencement of your new course.

If you are encountering difficulty, the UK Border Agency runs a dedicated

helpline for potential employers designed to give advice regarding immigration

and employment. Please pass this information to your potential employer and ask

them to call: 0300 123 4699.

If you already hold a student visa under the previous Immigration Rules, you

can change your course or education provider as long as the new course still

meets the following immigration requirements:

Full time course, 15 hours per week daytime study, Studying towards a

recognised qualification, Studying at a recognised institution.

You do not need to get our permission if you want to do a different course of

study with your Tier 4 sponsor and the new course will finish before your

current permission to stay expires. Your Tier 4 sponsor will tell us that you

have changed course.

If your new course will end before your permission to stay expires, you must

tell us by sending an email message to

If your new course will end after your current permission to stay expires,

you will need to make a new Tier 4 application to us. You will therefore need a

new confirmation of acceptance for studies from your Tier 4 sponsor. You can

make this new application at any time before your current permission to stay

expires, but we recommend that you do this as soon as possible.

If you applied for your Tier 4 student visa on or after 5 October 2009 and

you want to leave your current course in order to study the same or a different

course with a different education provider, you must apply for a new Tier 4

visa. The new education provider must be a licensed Tier 4 sponsor, and must

assign a new confirmation of acceptance for studies to you.

You can start your new course before we have approved your new Tier 4

application if:

· you have applied to us for permission to stay and study with a Tier 4

sponsor which has a highly trusted sponsor rating; and

· your permission to stay and study in the UK with your former sponsor is

still valid; and

· your prospective Tier 4 sponsor has assigned a confirmation of acceptance

for studies to you for your new course.

You will start your new course at your own risk, as we may refuse your

application.

You cannot start your new course until we have approved your new application,

if you are applying to us for permission to stay and study with a sponsor that

has an A (Trusted) or B (Sponsor) rating.

If you are already studying in the UK when you decide to change to a

different Tier 4 sponsor, you must make your new application from inside the

UK

If you applied for your Tier 4 student visa before 5 October 2009 and you

want to leave your current course in order to study a course with a different

education provider under your current permission to stay in the UK, you must get

our written permission.

To request this permission, you must complete and send us a Tier 4 (PTS)

application form. You can download this form and guidance notes from the UK

Border Agency website at:

We will write to tell you that you can study with your new education provider

under your existing permission to stay, if:

· the new education provider is on the register of Tier 4 sponsors, which you

can download from the right side of this page; and

· we can confirm that the education provider wants to be your new education

provider; and

· the course meets the requirements for your Tier 4 category. However, Tier 4

(General) students may continue to study a course at or above level A2 of the

Common European Framework of Reference for Languages.

After you have sent us your Tier 4 (PTS) application form, we will write to

you saying that we have received it. You can start your new course before we

have decided whether to approve your request – but you do so at your own risk,

as we may refuse the request.

Under the Immigration Rules, we may shorten your permission to stay as a

student if you change your education provider without getting our

permission.

If your new course will finish after your current permission to stay expires,

you will need to make a new Tier 4 application to us. You will therefore need a

confirmation of acceptance for studies from your new education

provider.

7. Marriage or Civil Partnership with a British or Settled Person

The fiancé(e)/proposed civil partner visa is issued for a 6 month period,

during which time you would be expected to finalise your plans and marry or

register your civil partnership. Employment is prohibited under this visa. Once

the marriage or civil partnership has taken place, you will need to apply for

further leave to remain as a spouse/civil partner on application form

FLR(M).

The spouse/civil partner visa is for a probationary period of 2 years, during

which time you will be able to work without restriction. You will be able to

apply for indefinite leave to remain in the United Kingdom no more than 28 days

before this visa expires, on application form SET(M).

If the spouse/civil partner visa was obtained overseas, you can submit an

application for indefinite leave to remain 23 months after entering the UK.

However, if your entry was delayed by up to 3 months after the issue of your

visa, and your visa expires before you have completed 23 months from the date of

entry into the UK, you should submit a SET(M) application by post before your

visa expires. The application will be placed on hold until the qualifying period

has been completed. Alternatively, you can submit an FLR(M) application and, if

you meet the requirements for this application, you will be granted a further

period of leave to enable you to complete the probationary period.

If you delayed your travel by more than 3 months, you will need to submit an

FLR(M) application before your visa expires. If you meet the requirements for

this application, you will be granted a further period of leave to enable you to

complete the probationary period.

By completing form FLR(M), you are also applying for a Biometric Residence

Permit

With effect from 29 November 2010, UKBA has introduced a new English language

requirement for those applying for Leave to Enter or Remain in the UK as the

spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or

same-sex partner of a British citizen or someone who is present and settled in

the UK.

An applicant can meet the requirement in one of the following ways;

· by providing evidence that they have passed an English test (speaking and

listening) at level A1 or above of the Common European Framework of Reference

(CEFR) with one of UKBA’s approved test providers, or

· by being a national of a majority English speaking country, or

· by having an academic qualification that is confirmed by UK Naric to be

equivalent to a Bachelor’s degree, a Master's degree or a PHD obtained in the UK

which was taught in English.

· by having an academic qualification that is confirmed by UK Naric to be

equivalent to a Bachelor’s degree, a Master's degree or a PHD obtained in one of

our list of majority English speaking countries (but not Canada)

· by having an academic qualification that is confirmed by UK Naric to be

equivalent to a Bachelor’s degree, a Master's degree or a PHD not obtained in

the UK or a majority English speaking country which UK NARIC can verify was

taught in English or can be verified by other evidence

For further information, please visit the UK Border Agency website at:

By completing form FLR(BID), you are also applying for a Biometric Residence

Permit

The Immigration Rules do not allow a person to switch in the UK from another

category into UK Ancestry or dependant of a person holding UK Ancestry. In both

cases, entry clearance must be obtained.

9. Working Holidaymakers

Working Holidaymakers are not permitted to switch in the UK to any Points

Based System categories, including Tier 2 (Sponsored Skilled Workers) or Tier 5

(Temporary Workers). If they meet the requirements for a Points Based System

category, they are required to return to their home country and obtain the

appropriate Entry Clearance.

10. Child born in the UK

If your child was born in the UK and you currently have limited leave to

remain, you will need to obtain and complete one of the following application

forms ,in order for them to be granted leave to remain as your dependant.

· FLR(O) if the person whom the child is dependant on has been granted leave

to remain as a vignette in their passport

· FLR(BID) if the person whom the child is dependant on has been issued a

Biometric Residence Permit not under the Points Based System

· PBS (Dependant) if the person whom the child is dependant on has been

granted leave to remain under the Points Based System.

On form FLR(O) and FLR(BID) the child’s details should be entered in Section

1 – Applicant's Details. On form PBS (Dependant) the child's details should be

entered in Section 2 – Dependant's Details. Your passport should also be

enclosed with the application.

If you will be leaving the UK and do not intend to return under the

conditions of your current leave to remain, you are not required to make an

application to the UK Border Agency for your baby. They are deemed to have leave

to remain in the UK until you leave.

If you will be making an application for further leave to remain or

indefinite leave to remain and do not intend to travel before you do so, you can

include the baby as your dependant at that time. However please note, if you

travel outside the UK before your baby obtains leave to remain, you will need to

obtain Entry Clearance for the baby before you return to the UK.

If you are applying for settlement in the United Kingdom you may be required

to demonstrate Knowledge of Language and Life in the United Kingdom, in addition

to meeting the other requirements for settlement. For further information,

please visit the UK Border Agency website at:

12. Indefinite Leave to Enter

In terms of your status in the UK, Indefinite Leave to Enter and Indefinite

Leave to Remain are exactly the same. The Indefinite Leave to Enter Entry

Clearance means, in terms of your current immigration status in the UK, that

there is no time limit on your stay in the UK.

The end date shown on an Indefinite Leave to Enter Entry Clearance (EC)

vignette is a guide to the holder for travel purposes only, or relates to the

validity dates of the passport/travel document in which the vignette is

endorsed.

The validity and activation of the Entry Clearance is determined by the dates

noted on the Entry Clearance vignette not by any ink stamp endorsed in the

passport or travel document by a UK Immigration Officer at the port of entry.

The Immigration Officer’s stamp merely indicates when the Entry Clearance was

used to enter the UK but the Entry Clearance is still valid without an on-entry

stamp.

The Entry Clearance should be used to enter the UK within three months of

issue but can be used after this date at the discretion of the Immigration

Officer.

Once the expiry date noted on your EC is passed it is not necessary for the

holder of Indefinite Leave to Enter status to apply within the UK for Indefinite

Leave to remain status as they are effectively the same thing and your "No time

limit "status remains extant.

13. New Passport – Transfer of Conditions or No Time Limit

If you have a new passport and you wish to have your Limited Leave to Enter

or Remain status transferred to it, you will need to submit a TOC (Transfer of

Conditions) application form.

If your passport has been lost or stolen, you need to report this to the

Police and include the Police Report and/or Crime Reference Number with your TOC

application.

Alternatively, if you choose not to transfer your permit, you should carry

both your old and new passports when you travel to the UK – this will prove to

our immigration officers that you have the right to be in the UK. If you cannot

produce your residence permit when you arrive at our border, you may not be

allowed to enter the country. We cannot transfer your residence permit to your

new passport at passport control when you enter the UK.

If you want a TOC stamp for your new passport, you must apply using form TOC

at least four weeks before the end of your permitted stay in the UK. We will not

confirm your permission to stay in a new passport if that permission has already

run out – your fee will not be refunded, and you will have to apply for further

permission to stay in the UK.

If you have Indefinite Leave to Enter or Remain, you will need to submit an

NTL (No Time Limit) application form in order to have your status transferred to

a new passport. You are advised to transfer your Indefinite Leave to Remain

status into the valid passport before you travel. If you have retained your old

passport and you need to travel as a matter of urgency, you may travel with both

the old and the new passports. You are advised to submit an NTL application to

the Home Office on your return to the UK.

If your passport has been lost or stolen, you need to report this to the

Police and include the Police Crime Report and/or Crime Reference Number with

your NTL application.

Alternatively, if you choose not to transfer your permit, you should carry

both your old and new passports when you travel to the UK – this will prove to

our immigration officers that you have the right to be in the UK. If you cannot

produce your residence permit when you arrive at our border, you may not be

allowed to enter the country. We cannot transfer your residence permit to your

new passport at passport control when you enter the UK.

If you have been naturalised as a British citizen since being given

permission to settle in the UK, you should not apply for an NTL stamp – as a

naturalised citizen, you have the right of abode in the UK and are no longer

subject to immigration control. If you do not have a Biometric Residence Permit

(BRP), and your passport has been lost or stolen, you need to report this to the

Police and include the Police Crime Report and/or Police Reference Number with

your TOC or NTL application.

If your BRP is lost or stolen, please see Paragraph 3 above for information

about the BRP(RC) form.

14. Reporting an immigration offence

If you know someone is breaking immigration laws, for example by being in the

United Kingdom illegally or by employing an illegal immigrant, please write to

us at the following address:

UK Border Agency, Evidence & Enquiry, Lunar House, 40 Wellesley Road,

Croydon CR9 2BY.

Alternatively you can send the details by e-mail to this address. (You do not

need to re-send the information if you have already done so.)

We may not be able to acknowledge your letter or e-mail but we will pass it

on to the relevant local immigration team. Where appropriate, they will

investigate and take action.

To enable us to send your information quickly to the local immigration team

closest to the offence you are reporting, please help us by putting the name of

the town or the postcode in the subject line (title) of your e-mail. Please give

us as much information as possible about the immigration offence, including

names, a physical description of the person in question, home and work

addresses, to help our investigation.

We treat all personal information as confidential. This means we will not

tell the person involved that you contacted us. It also means we will not be

able to tell you what was done as a result of your information.

If you have read this message and looked on the UK Border Agency website, but

you have not found the information you require, please re-send your enquiry with

"FAQ" in the subject/title line to: