UK Visa

Not all travellers who wish to visit the UK are required to apply for a visa. The following categories do not need to submit their application to the UKVI:

• European citizens
• Nationals of the European Economic Area (EEA)
• Commonwealth citizens
• Those who already hold settled status in the UK
• Returning residents (holding Indefinite Leave to Remain)
• Citizens of countries not listed on the Visa Nationals list

If you are unsure whether you need a visa to visit the UK, you can ask for the advice of one of IAS’ professional lawyers.

It is essential to apply for the most appropriate visa category to your personal circumstances. For example, if you have children, you must include them in your form.

If you fail to individuate the visa you need to apply for, or if you don’t meet the relevant requirements, your application will be refused. This will translate into a loss of money and time. If your case is rejected, your application fee will not be refunded.

Submitting the wrong form can also lead to complications or delays with your case. This may compromise your current immigration status, especially if you are trying to extend your existing visa or trying to switch into another category while you are already in the UK.

UK Visa and Immigration (UKVI) has implemented an application system known as Entry Clearance (EC). Under this system, citizens who are non-UK-nationals but who wish to visit and enter the country for different purposes can apply for a visa based on their circumstances.

This process usually includes a face-to-face interview and requires applicants’ biometric information (fingerprints and photos) to be taken and recorded before they visit the UK.

In the majority of cases, it is possible to submit an EC application either from within the UK or from the country where the applicant is a permanent resident.

The UK Tier Visa system is a points-based system that requires applicants to score a minimum number of points on an assessment test to prove their eligibility. The test scrutinises a number of factors, such as your age, your knowledge of the English language and other aspects related to the nature of the specific permit you are applying for.

Once you get a visa under this category, you will be able to include your family and dependants in your application and bring them in the UK. Besides, you may be allowed to spend enough time in the country to become eligible for UK settled status or even British citizenship.

If one of your family members is a British citizen or settled person, you can apply for a Family Visa. Otherwise, you may be eligible to enter the UK as a PBS dependant.

This status is only available for the family of those who have a UK PBS (Points-Based System) Visa, under Tier 1, 2, 4 or 5.

For immigration purposes, you can include the following categories in your form as your dependents:

• Those who have a direct family relation to anyone holding or applying for a Tier 1, Tier 2, Tier 4 or Tier 5 Visa
• The partner (either the spouse, fiancé or civil partner) of someone who settled in the UK after holding a PBS visa for a qualifying period
• A minor child of a person who holds ILR or is a UK national but first entered the country on a PBS Visa.

Successful applicants will be granted the right to remain in the UK in line with the expiry date of the PBS holder’s status. If your relative has obtained Indefinite Leave to Remain, you would be allowed to remain in the UK for an initial period of three years.

PBS dependants are allowed to work in the UK. If they wish to study in the country, they must first apply for an Academic Technology Approval Scheme certificate.

The majority of UK Visas will expire after a specific time, that depends on your visa category. The only immigration status that do not need to be extended are ILR and British citizenship.

If it essential to understand precisely when your visa is going to expire, and when you must submit your extension application. Otherwise, you may risk to overstay your permission, and face severe consequences.

Do not forget that, once you have submitted your renewal request, you may need to wait up to 8 weeks before you get a decision from the Home Office.

If your visa is going to expire any time soon and you wish to receive professional advice on how to extend it, our immigration lawyers will be happy to help.

As a general rule, you should send your application form at least 90 days before your intended date of arrival in the UK.

The latest you can submit your forms is at most 15 working days before you wish to visit the UK.

The waiting time for receiving a verdict from the Home Office will depend on the visa category or status you are applying for.

However, you can receive a faster decision on your case if you choose the Home Office’s priority service. The cost for this service is £500, to be paid in addition to your application fee, and it allows you to receive a decision from the UKVI within 5 working days.

For a surcharge of £800, you can access to the Home Office’s super-priority service. This will make your final decision available by the end of the next working day (or 2 working days if the day after your UKVCAS appointment is at the weekend.

If your application is time sensitive and you wish to speed up your application process, IAS offers a premium Fast Track service. Get in touch with our immigration specialists to find out how we can help you submit your forms within any strict deadline.

Depending on the immigration status you are applying for, you may be required to pay a healthcare surcharge, also known as the Immigration Health Surcharge (IHS).

You must pay your fee directly when you send your application form online. If you are applying by post, you will need to include your IHS reference number on your forms.

As soon as you pay the surcharge and your application is granted, you can start using the National Health Service (NHS). However, you will still need to pay for additional services, such as prescriptions, eye tests and dental treatments.

Certain applications require, among other criteria, specific knowledge of written and spoken in English. For example, this condition is mandatory for those applying for a Spouse Visa or who wish to settle in the UK under ILR.

You can prove your knowledge of the English language by:

• Providing a valid academic qualification. The UKVI will only accept degrees or other qualifications that were taught or researched in English, and that are recognised by UK NARIC.
• Taking an approved English language test with at least CEFT level A1. Some visa categories require a higher knowledge of the language, especially if you wish to settle in the UK.

Applicants who are under the age of 18 or over 65, and thus who have a physical or mental condition, will be exempt from the English language requirement.

Together with your refusal letter, you will receive from the Home Office further instructions on your right to appeal against its decision.

If you are not granted the right of appeal, you may be offered the chance for an administrative review.

You will only have 28 days to send your appeal application. Nevertheless, before you proceed, it is essential to understand the reasons for your refusal, so you can ensure to avoid further mistakes. In the majority of cases, submitting a new application may be less time consuming and cost-effective than appealing against the authorities’ decision.

Proceeding with an appeal or administrative review case is always complicated. For this reason, you should seek professional legal guidance.

Call us or enquire online to learn more about our Appeal package and all our bespoke immigration services.

It is a criminal offence under section 24 of the Immigration Act 1971 to overstay your visa. In other words, when your permit expires you must leave the UK within 30 days unless there are reasonable causes to do otherwise.

If you overstay your visa, you will face long term consequences. For example, if you leave the UK voluntarily after your 30-day period, you may be banned from re-entering the country from one to ten years. You can avoid the ban by leaving the country at your own expense.

Overstaying your visa will harm any future applications you will make to re-enter and visit the UK. Besides, you will not be considered of good character in any circumstances, and you will thus never be allowed to naturalise as a British citizen.

Under specific circumstances, you will get a refund for your application if you withdraw your form before your biometrics are collected.

If you applied from outside the UK, you would need to contact the UKVI. In this case, you will receive a refund only if your application hasn’t been processed yet.

Applications made from within the UK can be withdrawn by submitting the relevant online form. However, it must be noted that it is not possible to receive a fee refund for applications made in the UK.

To qualify for a Partner or Marriage Visa, you must satisfy the following conditions:

• Be at least 18
• Be legally married to your partner, who must be a British national or settled person
• Intend to live together with your spouse permanently
• Prove that you meet specific financial requirements, and have enough money to support yourselves and your dependants without claiming public funds. The minimum income threshold is £18,600, but the required sum may be higher if you wish to include your dependent children in your application
• Have access to suitable accommodation, that meets the UK living standards
• Meet the English language requirement

To receive guidance on how to prepare your application and compile a successful portfolio of documents, call us or get in touch through our live chat.

If you have been offered a skilled job from a UK-based employer, your case can be valid only if the position is listed in the Tier 2 Shortage Occupations List.  Jobs found on this list usually include scientists, engineers, nurses, doctors and IT specialists.

According to UK law, skilled jobs must be first advertised for 28 days before they can be offered to an international worker. However, if a position is on this list, your employer can hire you before this time frame.

If your job offer is legally valid, you may also include your family members in your forms.

UK immigration law states that students must spend at least 15 hours a week in study. However, eligible pupils may be granted the right to work up to 20 hours per week while they study and full-time during the holidays.