Something confusing is visa applications and the rules and conditions thereof. The Brits are now tightening up a little bit. I read somewhere today that 17 000 South Africans go on work visas every year..... the UK government has introduced a new points-based system that's going to follow Australia's successful plan for migration. Basically what they are doing this year is replacing all the visa categories with a more simplified system that's going to work a points base. The fact of this is that the working holiday is going to be replaced by a new visa mobility scheme....UK visa restrictions for South Africans? Laura Pinto – visa ...
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Secretary of State for the Home Department v R(S) [2007] EWCA Civ 546 (19 June 2007)
Lord Justice Carnwath : In deciding that the claimant could apply from Afghanistan, the Secretary of State failed to take account of the "possibly insurmountable" difficulties in practice of obtaining entry clearance from there; this (at least against the background of excessive delay) made the decision unlawful. .
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It is a requirement for Visa applicants to the UK, with the intention of staying longer than six months, to apply for a health certificate from a hospital confirming that they do not have active TB......Visa applicants to the UK, to
Your application for a student visa will need to comply with the immigration rules and meet the UK Visas criteria. In the book, "How 2 Come to the UK to Live Work Study or Visit" we devote an entire chapter on coming to the UK to study, ...Tips on how to get a student visa
You have been accepted for a course of study at a publicly funded College of Further or Higher Education, a bona fide private institution, or a fee-paying school. The Department for Education and Skills has created a Register of genuine education and training providers in the UK. The Home Office will not grant leave to enter or remain in the UK as a student to an overseas national wishing to attend a course of study at a provider not on this Register.
You intend to follow a full-time degree, a weekday full-time course involving 15 hours' organised daytime study in a single subject or related subjects or a full-time course of study at an independent fee-paying school
You intend to leave once the course has finished (though this need not be the case when taking courses at degree level or above)
You do not intend to take a full time job or engage in business (although students may work part time for up to 20 hours per week in term time and full time during vacations)
You are able to meet the cost of your course, accommodation and maintenance without taking employment and without recourse to public funds.
If you are not a visa national and you are in the United Kingdom in a category other than that of student or prospective student, you cannot change your status to that of student from within the United Kingdom unless you are intending to follow a course at degree level or above. For other courses, entry clearance will be required.
Visa nationals who are in the United Kingdom in a category other than student or prospective student will not be allowed to switch to student status except where the study is for postgraduate medical or dental training.
If you are a non-visa national who did not gain entry clearance as a student or prospective student, you will only be granted leave to remain in the UK as a student to follow a course at degree level or above.
Your spouse/civil partner and children
Your spouse/civil partner and children will usually be allowed leave to enter with you for the duration of the course - provided you can show that you have the means to support and accommodate them without recourse to public funds
Student Nurses
There are specific rules governing applications by student nurses. See sections 63 to 69 of the Requirements for leave to enter as a student on the Immigration & Nationality Directorate web site.
If you are highly qualified you may be able to enter the United Kingdon without having to fulfill any specific financial criteria and without the need for a work permit. You would need to complete a self-assessment form on which you have to score points on various categories. You can download these forms and accompanying guidance documents from the forms page of the Home Office Working In The UK website.
The Work Permit Scheme – applications by employers
The work permit scheme differs from other forms of permission to enter or remain in that it is administered by Work Permits (UK), a specialist section of the Immigration & Nationality Directorate (IND), based in Sheffield. The other main difference is that it is the British employer who applies for permission to employ an overseas national rather than the overseas worker applying for permission to enter. Further information about work permits can be found on the IND Working In The UK website.
The application must be made in respect of a specific job (normally full time).
As the prospective employer, you must show that you are already trading.
You must show that there is a genuine vacancy for an employee; what skills and qualification are required; whether the person is suitably qualified; and that you have been unable to find anyone of suitable experience or qualifications within the EEA workforce.
You will be offering pay and conditions at least equal to those normally given to a resident worker in your employment.
Note:
Different rules apply to those wishing to take up employment in Northern Ireland, the Isle of Man or the Channel Islands.
Business Visa.
If you want to establish a business in the UK you must first apply for entry clearance (a visa) at which stage you will have to convince the Entry Clearance Officer at the embassy that
you have enough money (£200,000 or more) to invest in the business,
you do not intend to work for anybody else in the UK other than your own business,
you can support yourself out of your own pocket or out of the business, and
you will not be claiming state benefits.
You can either take over or join a business as a partner or director or set up a new business.
Taking over or joining a business as a partner or director
In addition to the requirements for establishing yourself in business (above), you must also produce
a written statement of the terms on which you are taking over or joining,
audited accounts for the business for previous years, and
evidence that your taking over or joining will create full-time jobs for at least two people already settled in the UK
Setting up a new business
In addition to the requirements for establishing yourself in business (above), you must also show you have enough money to start a new business and that you will provide full-time jobs for at least two people already settled in the UK.
For further information see the Home Office Working In The UK web site.
4. Setting up a business as an innovator
If you are able to demonstrate that you have entrepreneurial ability and technical skills, you may be able to apply to come to the United Kingdom as an innovator. In your first year in the United Kingdom you will need to create two full-time jobs. To apply you need to complete a self-assessment form (you will need Acrobat Reader to view this PDF file). The conditions for entering under the Scheme for Innovators are set out on the Home Office Working In The UK web site.
American lifestyle guru Martha Stewart has been refused a visa to enter Britain because of her convictions in the US. The millionaire, aged 66, served five months in a US jail in 2004 for lying to investigators about a share sale...UK visa ban on lifestyle guru Martha Stewart
The Home office stated that From 28 August 2006 until further notice, 5 years multiple visit visas will only be issued to existing 5 years visit visa holders. First time applicants are able to apply for 6 months and 2 year multiple visit visa as normal but will not be eligible to apply for a 5 year visit visa.
cNon European Economic Area (EEA) country you may need a make an application for “leave” (permission) to enter before you travel to the United Kingdom. This is commonly known as obtaining entry clearance.
If you are a so-called “visa-national” you must obtain entry clearance, whatever the purpose of your travel. A current list of visa nationals can be found here. Non visa nationals must obtain entry clearance before travelling to the United Kingdom in certain circumstances (see UK Visas web site for full details). Non visa nationals from countries other than those listed above may require visas if they intend to come to the United Kingdom for a period over 6 months depending on the category in which they wish to enter.
To apply for entry clearance you will need to make an application at a British mission overseas. You will need to complete the necessary application forms and you will be charged a fee.
An entry clearance officer will then decide whether you fulfil the rules and qualify for a visa. The visa will show the purpose of your travel and how long you can stay in the United Kingdom. You will normally be able to enter and leave the United Kingdom as often as you like during the period in which your visa remains valid.
If you are highly qualified you may be able to enter the United Kingdon without having to fulfill any specific financial criteria and without the need for a work permit. You would need to complete a self-assessment form on which you have to score points on various categories. You can download these forms and accompanying guidance documents from the forms page of the Home Office Working In The UK website.
The Work Permit Scheme – applications by employers
The work permit scheme differs from other forms of permission to enter or remain in that it is administered by Work Permits (UK), a specialist section of the Immigration & Nationality Directorate (IND), based in Sheffield. The other main difference is that it is the British employer who applies for permission to employ an overseas national rather than the overseas worker applying for permission to enter. Further information about work permits can be found on the IND Working In The UK website.
The application must be made in respect of a specific job (normally full time).
As the prospective employer, you must show that you are already trading.
You must show that there is a genuine vacancy for an employee; what skills and qualification are required; whether the person is suitably qualified; and that you have been unable to find anyone of suitable experience or qualifications within the EEA workforce.
You will be offering pay and conditions at least equal to those normally given to a resident worker in your employment.
Note:
Different rules apply to those wishing to take up employment in Northern Ireland, the Isle of Man or the Channel Islands.
7 November 2006: Important Changes for Highly Skilled Migrants
There have been changes to the Highly Skilled Migrant Programme. For more details see the announcement on the Working In The UK web site.
Entering on business
1. European Association Agreement
If you are from Bulgaria or Romania, you may be able to work on a self-employed basis in the United Kingdom. The rules governing persons intending to establish themselves in business under the provisions of EC Association Agreements can be found Part 6 of the Immigration Rules on the Immigration & Nationality Directorate web site. Scroll down to sections 211 to 223. You do not need to fulfil any specific financial criteria, but you will need to show that you can support yourself and your dependants from the proceeds of your self-employment.
In all business categories, you will only be granted a limited stay to begin with, but after four years you should be able to apply for indefinite leave to stay in the UK if your business is still prospering.
There may be other ways in which you can come to the United Kingdom on the basis of a business or self-employment and you should always seek legal advice about your particular situation.
2. Turkey Association Agreement
The Turkey Association Agreement (also known as the 'Ankara Agreement') does not give workers the right to come to the United Kingdom. However, it does provide rights of continued residence to Turkish workers who have already been allowed to come to the United Kingdom and work. It also provides rights for Turkish nationals to come to the United Kingdom to be self-employed.
In all the above categories, you will only be granted a limited stay to begin with, but after five years you should be able to apply for indefinite leave to stay in the UK if you still fulfil the appropriate criteria of the immigration category.
There may be other ways in which you can come to the United Kingdom on the basis of a business or self-employment and you should always seek legal advice about your particular situation.
3. Establishing yourself in business
If you want to establish a business in the UK you must first apply for entry clearance (a visa) at which stage you will have to convince the Entry Clearance Officer at the embassy that
you have enough money (£200,000 or more) to invest in the business,
you do not intend to work for anybody else in the UK other than your own business,
you can support yourself out of your own pocket or out of the business, and
you will not be claiming state benefits.
You can either take over or join a business as a partner or director or set up a new business.
Taking over or joining a business as a partner or director
In addition to the requirements for establishing yourself in business (above), you must also produce
a written statement of the terms on which you are taking over or joining,
audited accounts for the business for previous years, and
evidence that your taking over or joining will create full-time jobs for at least two people already settled in the UK
Setting up a new business
In addition to the requirements for establishing yourself in business (above), you must also show you have enough money to start a new business and that you will provide full-time jobs for at least two people already settled in the UK.
For further information see the Home Office Working In The UK web site.
4. Setting up a business as an innovator
If you are able to demonstrate that you have entrepreneurial ability and technical skills, you may be able to apply to come to the United Kingdom as an innovator. In your first year in the United Kingdom you will need to create two full-time jobs. To apply you need to complete a self-assessment form (you will need Acrobat Reader to view this PDF file). The conditions for entering under the Scheme for Innovators are set out on the Home Office Working In The UK web site.
DATV ( Direct Airside Transit Visa ( evidence of confirmed booking both in and out of the UK must accompany application.
Exception
Other ways to enter
Investors
If you have at least £1,000,000 of your own which is disposable in the UK, can invest £750,000 of this amount, and intend to make the UK your main home, you can apply for a visa as an investor. For further information see the Home Office Working In The UK web site.
Writers, composers and artists
To apply for a visa in one of these categories, you will need to demonstrate that you are an established artist, writer or composer who has been able to support yourself from your own resources without working except as an artist, writer or composer for the preceding year will you be able to get a visa. And you will have to show that you can support yourself in the same way once you settle in the UK.
For further information see sections 232 to 239 of Part 6 of the Immigration Rules on the Immigration & Nationality Directorate web site.
Help-lists of what is required for different kinds of applicaiton are available from www.britainonline.org.pk
The rules governing persons intending to establish themselves in business under the provisions of EC Association Agreements can be found Part 6 of the Immigration Rules on the Immigration & Nationality Directorate web site. Scroll down to sections 211 to 223.
