HSMP Forum Judicial Review: Settlement (06.04.2009)
The information contained in this section outlines the different categories provided for in the rules applying to Immigration Law in the United Kingdom.
With the assistance of an immigration lawyer or adviser it may be possible to make the United Kingdom your home or temporary place of residence.
Our company can assist through outside immigration law specialists and consultants in all UK immigration and visa matters, including work permits, for clients from Russia and other former states of the USSR. A NUMBER OF FIRMS PURPORT TO OFFER IMMIGRATION SUPPORT AND ADVICE WITHOUT BEING APPROPRIATELY QUALIFIED TO GIVE SUCH ADVICE. Any firm with which you consider spending money should either use a qualified solicitor or barrister or be registered as Immigration Advisers – IF THEY ARE NOT SAVE YOUR MONEY.
We are registered at the highest level of registration with the OISC (Level 3) in all categories of immigration work that includes asylum, managed migration, European law, Nationality & Citizenship, Appellate and Bail work and other complex immigration casework.
Closure of HSMP & Other Work Related categories – Introduction of TIER 1 in Full
From Monday 30 June 2008, Tier 1 would be launched in full all over the world. There are four sub-categories of TIER that were announced to be introduced as part of the overhauling changes brought in under the Point based system:
1. TIER 1 (General)
TIER 1 (General) has already been introduced for applicants presently residing in the UK and from 30th of June 2008, would be available for those who wish to make their applications from outside the UK as well.
2. TIER 1 (Post study Work)
TIER 1 (Post study work) has been introduced to bring the IGS in line with the FT:WISS making it a 2 year visa. IGS and FT:WISS would be closed for all applicants and all applicants (no matter from where they completed the studies i.e. either from Wales, England, Scotland or NI) would be required to make an application under this subcategory of TIER 1.
3. TIER 1 (Entrepreneur)
TIER 1 (Entrepreneur) would replace the Business persons who would like to set up or buy an existing business. The requirements would more or less be the same apart from the maintenance and the English language test.
4. TIER 1 (Investor)
TIER 1 (Investor) would be replacing the investor category.
The new point based system is going to be launched in full from 27th of November 2008 that is going to affect all those who are residing in the UK on work permits and also those who are looking to get one.
Once a sponsorship certificate is issued, the prospective employee of the sponsor (employer) will be required to submit his / her visa application that can be made while remaining in the UK (provided he is able to switch to this category) or from outside the UK (provided he is outside the UK or unable to switch while remaining in the UK).
The UKBA has divided four main categories of applicants who will require sponsorship certificate from their sponsors and will be making their visa applications in line with the certificate i.e.
1. TIER 2 (General)
2. TIER 2 (Minister of Religion)
3. TIER 2 (Sportsperson)
4. TIER 2 (Intra-Company Transfer)
Tier 4 (Students) of the new Points Based System has been launched on 31 March 2009 and is currently active.
This category includes two sub-categories:
- General Student – for those who are coming to the United Kingdom for the post-16 education;
- Child Student – for children between 4 and 17 years old coming to the UK for their education to study at independent schools.
Students of 16 or 17 years old should agree with the chosen educational provider either to apply for General Student or Child Student visa.
Educational provider means any educational establishment in the UK that is approved by UKBA and has been given a licence to bring overseas students to the United Kingdom under Tier 4 of PBS.
Tier 5 of the new points based system will come into force on 27 November 2008. Tier 5 will enable young nationals to experience life and culture in the UK and also permit workers to undertake short term or temporary employment in the UK. The new Tier 5 will also be replacing the following existing immigration categories on 27 November 2008:
- Au pairs
- Domestic workers in Diplomatic Households
- Gap year
- China Graduate Work Experience
- General Agreement on Trade in services (GATS)
- Japan: Youth Exchange Scheme
- MP’s Research Assistants
- Ministers of religion, missionaries and members of religious orders
- Overseas government employees
- Training and Work Experience Scheme
- Voluntary workers
- Working holidaymakers
Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and the Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:
- Tier 5 Youth Mobility
- Tier 5 Temporary Workers
- Temporary workers – creative and sporting
- Temporary workers – charity workers
- Temporary workers – religious workers
- Temporary workers – government authorised exchange
- Temporary workers – international agreement
The visitor visa is the most popular single route for individuals coming to the UK for tourism, visiting family as well as business visits.
In line with the recent review of the UK immigration system by the government, new rules have been implemented from 27 November 2008 to reform specific categories of the “visitor” visa.
The idea behind this reform is to ensure that visitors are clear on the activities they are allowed to do whilst in the UK on a visitor visa and do not breach conditions of their stay for the duration of their time in the UK.
Reasons why you may wish to visit the UK
There are numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test in the UK.
General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds.
The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for a maximum period of 12 months.
Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.
The different categories of “Visitor Visa” are as follows:
- Visiting Family
- Visiting Friends
- Academic visitors
- Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch
- Individuals undertaking specific, one –off training in techniques and UK work practices
- Visitors for private medical treatment in the UK
- Visitors intending to marry in the UK
- Parents of a child at school in the UK
Visitors under the UK/China Approved Destination Status (ADS) Agreement
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