Q:
I am in UK on Tier-2 Visa and my baby is born here, I have got Indian passport for her. Now I need to visit India, for that I have to have dependent Visa for my baby. Could you please guide me what all are documents do I need send (If I will have to send by post) i.e. Do I need to send all the passports(mine, my wife’s and baby) ? Do I need to send birth certificate as well ? Please advice me in detail, Thanks in advance for any help.
Mr. Munish, UK		  
 
   
 
A:

Dear Munish,

Thanks for your query.
You may apply for your child's dependant visa either from UK or from India.
Should you wish to apply from UK, you have to complete a PBS dependant application for your child. The documents requirements are clearly mentioned in the PBS Dependant policy guidance available on the UKBA website. You must send original documents i.e Main applicants passport, ICFN card, Original birth certificate, bank statements etc. You may make a postal application or Same day service at UKBA public enquiry office. Our firm offers a cost effective same day service for all immigration applications.

 
 
   
       
Q:
Dear Sir,
I am (Tier 2 general migrant) is already working in the UK and doing the ONP Program. Could you please let me know that, did I should apply for a Work Permit after my adaptation?. If yes, where i should apply and what documents I require to apply for Work Permit?. Please do advice me on this.
Thanks
Mrs. Princy, U.K		  
 
   
 
A:

Dear Princy,
Thanks for your query.
Your question is not clear.

The Work Permit arrangements are not in operation since November 2008. The alternate arrangement under the PBS system is the Tier 2 Visa. If you are already on a Tier 2 visa then what is the issue? Should you wish to change employer you must obtain a Certificate of sponsorship from your new employer and must apply for extension of leave under Tier 2 general category on the basis of change of employment. Should you wish to discuss further kindly contact our office or any other solicitors offering similar service.

  
 
   
       
Q:
i have acknoledment letter and my passport is in the ukba but my employer want me to quit the job until you are not receiving your visa. Employer wants me to give an evidence on the basis of which hey can give me job.
Mr. salah, london		  
 
   
 
A:

Thanks for your query.

Immediately take legal advice. You may contact our office should you require advise.

If you have made a valid application for extension of leave in the UK, you previous leave and the conditions of such leave will apply until a decision is made on your pending application.

  
 
   
       
Q:
SIR, I WOULD LIKE TO KNOW FROM WHERE I GET ALL THE LAWS OF IMMIGRATION MATTER. IS THERE ANY PURTICULER BOOK COVERING ALL LAWS OF IMMIGRATION . IS THERE ANY SITE IN ONLINE.
YOURS SINCERELY
JEMUNA
Ms. jemuna p.joy, u.k.		  
 
   
 
A:


Dear Jamuna

Thanks for your query. A simple search on the google would give you lots of information in this regard. There are lots of shops that operate online as well. The following are few of them.



Blackwell.co.uk/Books/Law

www.amazon.co.uk/Law-Business-Finance-Books/b?ie

www.hammickslegal.co.uk/


www.lawbooks-online.com/


Macdonalds Immigration Law & Practice, Phelen & Gillespie are really good books.

  
 
   
       
Q:
Icame here with stuent visa. Now we lost our college licence..I am trying for work permit.How can I bring my dependent here?
Mrs. Riji, United Kingdom		  
 
   
 
A:

Thanks for your query,

You will not be able to apply for Work Permit as the scheme has been stopped since 2008 November. Instead you may try for Tier 2 Skilled worker visa under the PBS .


Oce you get a Tier 2 visa you can bring your dependants in to the UK. Your dependants will not be able to get a visa if the Tier 4 sponsor's licence has been lost.

  
 
   
       
Q:
I come from India by student visa.Ihave been here for only 3months.Now our college licence lost.Can you give information about its after effects?Can we get our money back and how long we can stay here?
Mrs. Riji, United Kingdom		  
 
   
 
A:

Thanks for your query.
At the suspension stage of a sponsor licence your visa status is not affected. However if the licence has been lost or withdrawn then the immigration rules allow UKBA to curtail (limit) your leave to remain in the UK to 60 days. If the balance of your current leave is not more than 6 months then the UKBA normally would not curtail your leave.
COLLEGE LOST LICENCE
Once your leave is limited to 60 days, then the only option in front of you is to secure admission in another college and apply for extension of leave on that basis. You may also switch to employment categories like TIER 2 or Tier 1 visa provided you qualify for that.
If these are not possible then you will be required to leave the UK by the end of your 60 day period.
Please remember that the 60 day period to remain in the UK is not a right available to everyone. If UKBA is aware of the student's involvement in the circumstances that caused the licence to be lost, then such students may be required to leave the UK immediately.
GETTING YOUR MONEY BACK
Getting your money back will be based on the terms and conditions of your admission. If the terms and conditions of admission provided any provision for refund those will apply.
However it is possible to start proceeding s in the CIVIL Court in the UK for recovery of any money that is due for refund if the college fails to pay. I would advise you to consult a solicitor in order to assess your situation and if required to initiate actions.


  
 
   
       
Q:
Dear Sir, my ILR application qualifing date starts on sept.27th2010.My SCA VISA is stamped on my old passport . After having geting a new passport from KOCHIN i did not transfermy my visa to nwe passport . I am waiting to applay for ILR in sept.2010. 1. Do I need to transfer it to my new passport ? 2.For SAME DAY SERVICE which PEO is more realiable ? I have heard that SHEFFIELD is the best , Is it true?
Mrs. SHERLY JOHN, uk ,milton keynes		  
 
   
 
A:

Thanks for your Query.


You may apply for settlement (ILR) 28 days before the date of completion of 5 years in the UK in any qualifying category.

You need not to transfer the visa on to the new passport.

I do not understand what you mean by the "reliability of same day service at the PEO".

Your application will solely depend upon its merits irrespective of any PEO where you apply as the decision is based on the Current UK Immigration Rules.

  
 
   
       
Q:
Sir, Can I come to UK in student visa to study carer course with out IELTS. One agent told me that I can work 30 hours per week and the duration of the visa will be one and half year. Can I renew it after this period. Is it is easy to emigrate to canada from UK. Thanks.
Mr. jiju Anthony, india		  
 
   
 
A:

Thanks for your query,

Regarding your working hours , it should not be more than 50% of your course length(20 + 20 or 15+ 15 per week work based learning) and in addition 20 hours /week or 10/hrs per week as the case may be.

Regarding Canadian migration I am sorry that Icannot provide any advice.

  
 
   
       
Q:
dear sir,
i worked in uk for three months last year with tier 2 skilled worker visa under certificate of sponsorship. i resigned my job due to personal reasons and came out of the country. my visa is valid until 2012. now i despirately need to work in uk. so now what should i do? should i apply again from the first step and apply for the job and visa or should i ask my old company to get a certificate of sponsorship for me and go back with the same visa which i have?
Mr. dinesh, india		  
 
   
 
A:

Dear Dinesh,

Under the PBS for migration employers have strict rules to follow. I understand that you resigned the job in 2009. This would mean that your old certificate of sponsorship is cancelled or withdrawn by the employer. You may be able to verify this with your old employer.

If this is the case then you will not be able to travel on your existing visa as you will not be granted entry at the port.

However it is possible for you to get another Certificate of Sponsorship and apply for tier 2 visa on that basis either for the same employer or a new employer.

  
 
   
       
Q:
how the uk government will consider the baby born for an indian couples in uk?
Mr. muthu, india		  
 
   
 
A:

Thanks for your query.

Baby born in the UK for Indian couple would automatically become UK citizen provided the couples were settled in the UK (ILR) at the time of baby's birth.

If the couple were not settled in the UK at the time of baby's birth and acquire settlement later then the baby born in the UK would qualify for citizenship in the UK and can be registered as a British citizen.

  
 
   
       
Q:
Dear Sir,

My wife is working in UAE as a nurse for the last 12 years.She would like to get a job in UK as nurse/ dental nurse/ care Assitant. Please advise me how she can obtain the work visa and also requesting, please give me the details for same.

Thanks
Mr. Anil Abraham, UAE		  
 
   
 
A:

Thanks for your query
I am sorry that will not be able to provide you recruitment advice.

 
 
   
       
Q:
hi i would like to know if uk is isuing PR to people on work permit.
Ms. jacquline, india		  
 
   
 
A:

Thanks for your query,

Yes work permit holders can apply for Settlement in the UK on completion of 5 years in that capacity or a combination of qualifying categories.

  
 
   
       
Q:
respected sir, iam here as a student since 01-09 2008,i was under an agency studying nvq3, last month, it has been closed,then i change into a new agency, but i think that is also under suspension, will it be a problem to work in 35-40 hours.can kindly let me know please.
Ms. honeymol chandy, uk		  
 
   
 
A:

Thanks for your query.

If you have valid visa for studying in a college for NVQ, and the college is currently under suspension, you do not need to take any action. However if the license is withdrawn or lost further to the suspension, UKBA will normally curtail your visa to limit your stay up to 60 days. However if your remaining leave is up to or less than 6 months UKBA may not interfere.
With regard to your changing to a new college that is also under suspension you will be in trouble as you will not be able to change your visa while they are on suspension.
Regarding your working hours , it should not be more than 50% of your course length(20 + 20 or 15+ 15 per week work based learning) and in addition 20 hours /week or 10/hrs per week as the case may be.


  
 
   
       
Q:
Dear sir, I am having a diploma in General Nursing and Midwifery form an Indian recognized university and presently I am working in Saudi Arabia as an industrial staff nurse. I would like to migrate to UK, if you could give me an advice regarding the procedures and eligibility for migration to UK, it will make a better response in my life. Your prompt action will be highly appreciated.
Mr. Mathews, India		  
 
   
 
A:

Thanks for your query,

Step1: Contact the Nursing and Midwifery Council in the UK and seek assistance with your registration in the UK.

Step2: Secure a placement for any conversion programs for overseas qualified nurses as advised by the NMC based on their assessment of your qualification and experience. This may be a ONP(Overseas Nurses Program)

Step:Apply for entry clearance in the required visa category after taking proper immigration advise from a competant person

Step: Once full registration as a RGN is gained search for a suitable job in that capacity and switch to a Tier 2 Skilled Worker visa.

  
 
   
       
Q:
Hello sir,
I am planning to bring my brother in student visa for nvq level 3 but agency told they cant provide a job when he is studying if no job placement will he get visa? when i ask agency they asking 4000 pound directly to the university 1300 pound.Any problem if i apply directly to my brother?Can i able to submit my sponcer letter when he is going to embasy interview?
thankyou
manju.
Mrs. manju mathew, united kingtom		  
 
   
 
A:

Thanks for your query,


NVQ being a course requiring work placement the entry clearance officer may require evidence of such arrangements that are in place. As these work placements form a mandatory requirement of the course if the entry clearance officer is not satisfied that such arrangements are in place they may refuse the visa.

Only 50% of the total duration of the course can be a paid or unpaid work placement as a part of the course.

Outside this, he may work for upto 10 hours per week in any capacity.

YOu will not be able to sponsor your brother. He must have sufficient funds available to him towards the course fee and maintenance.

  
 
   
       
Q:
I am a diploma holder radiographer, age 44, approximately 5 years experience . Can i get job as radiographer/or anything health service
Mr. mathew Dominic, india		  
 
   
 
A:

Thanks for your query.

I will only be able to advise you on the Immigration Law. You may contact a recruitmrnt expert to gain information regarding jobs in the UK.

  
 
   
       
Q:
I am a qualified nurse from India with twelve years experience in this field and I would like to work in care homes of UK as I heard about them from my friends and relatives those who worked in UK. Can I aply for a senior care assistant visa.
Mrs. Cini Varghese, India		  
 
   
 
A:

Thanks for your query,


You may get a Tier 2 visa for senior care assistant job in the UK as this job is currently in the Shortage occupation list published by the UK authorities.

You must first obtain a job offer from a licensed employer in the UK and they must issue you a certificate of sponsorship (previously work permit).

Once you get the certificate of sponsorship you can apply for entry clearance on that basis. you must score 70 points in order to qualify for entry clearance. Out of this 50 points will be given for possession of certificate of sponsorship for a shotage occupation and 10 points must come from the avaialbility of funds for maintenance, 10 points for your english language skills.





  
 
   
       
Q:
Hi Sir,

Iam in the process of applying for tier 2 visa.

Regarding the maintenance funds criteria, I need some clarification. From last 3 mnths iam maintaining the fund.but
Unfortunately I have a single day in which my bank balance had fallen below the required threshold, but I did inject the required fund to bring it back up the same day.

I was wondering if that would be acceptable from an application perspective

Waiting for your valuable reply,

Thanks,
Baby V

Mr. Baby Varghese, UK		  
 
   
 
A:

Tthanks for your query.

The funds must be available at any time throughout th period in question. It will be clear from your bank statements that the funds were short of the required amount on that day and this will be enough for a refusal.

However there are other ways to meet the maintenance requirements for the Tier 2, i.e. your employer may certify your maintenance. Kindly consult an immigration lawyer if you require further assistance with your Tier 2 visa.

  
 
   
       
Q:
I have the offer letter for doing my ONP in UK but I could not maintain the funds as specified in the point based system. And I do not have a letter of sponsorship from an A-rated sponsor. Would it be of any use if one of my relative based in UK is ready to sponsor me?. Please do advice me on this.
Mrs. princy, india		  
 
   
 
A:

Thanks for your query,

The funds required for maintenance must be avilable to you as cleared funds in your sole possession or jointly held by you with another person.

It is not possible for a relative to spnsor you even if they are based in the UK.

  
 
   
       
Q:
Dear sir,

could you please tell me
By what factor do i need to multiply my salary in the regarding the tier1 salary points.

as im planning to apply from the saudia arabia. and getting paid in saudi riyals.

looking for yours advice
kind regards,

Mr. Erf, Saudia		  
 
   
 
A:

Thanks for your query.



Table 2A - Multipliers for conversion of foreign currencies
Country or territory in which money was earned Multiplier
/Saudi Arabia 2.3 //

  
 
   
       
Q:
hello sir how are you? hope you are ok, My self sachin Thakkar from India i am basically from gujarat state and live in Ahmedabad city , but for work i am out side of my home i have a more then 2 years exp, for Hotel line , and i want to come in uk for any kind of work , i try before 6 month but interview call or mail come and call me for interview but after all AGENT ask for money and i have no monry to give then so tell me how can i come or apply for job and how can i knw there is a job
Mr. sachin Thakkar, uk		  
 
   
 
A:

Thanks for your query,

I will not be able to advise you on finding a job in the UK. You may kindly approach recruitment firms specialising in that area. Good luck.

  
 
   
       
Q:
i m studying in level 4 in health and social care.i am working as a senior care assistant in one of the nursing home from last 3 years.i provided placement letter from my college for my level 4 but my employer want me to bring a letter from college where nos, of hour should me mentioned for my placement.i told my employer that i can work upto 35hrs/week,but she still insisting to bring lettet from college and my college is reluctant to give me a letter where nos of hour should me mentioned,
Mr. shiraz ahmed khan, uk		  
 
   
 
A:

Thanks for your Query.

I have gone through your mail I do not know what you are looking for exactly.

You are allowed to take a work placement (integral part of the course) for up to 50% of the course period.On top of that you can also do any normal work allotments that a student can have. (20 Hrs or 10 Hrs per week).

Normally no college would give you a letter stating the total number of hours you may work. They can only confirm the number of hours that you are allowed on a Work Placement that is the part of the course you are doing.

  
 
   
       
Q:
Dear Joby J Kuttikkat,
I am from India origin last 18years working Dubai. From 1999 onwards I am working with British private investigation company. I wish to know Asylum seekers consider for British passport?
Best Regeards,
George (+971 50 7469676)


Mr. George, UAE		  
 
   
 
A:

Dear George,

Thanks for your query. Asylum seekers may be granted Refugee status or humanitarian Protection in the UK if successful. On completion of five years they are eligible for Settlement in the UK (Permanent Residency). One year after that , they may apply for British nationality(citizenship) and subsequently can apply for a British Passport.

  
 
   
       
Q:
I have HSMP (Tier1 General)which is valid till 2013. I am currently working in India with an MNC. My company is planning to apply for Tier2 (Intra company trasfer) soon, they are not aware about my HSMP visa. Will there be any problem in applying tier2 since I am already holding valid Tier1?
Mr. Tom Thomas, India		  
 
   
 
A:

Thanks for your Query,

If you are granted Tier 2 visa then your Tier 1 visa will cease to be valid and your conditions of stay in the UK will then be on the basis of Tier 2 (Intra Company transfer )rules.

There will not be any problem in applying for Tier 2 visa. However Tier 1 is considered to be a better category compared to Tier 2 (ICT) as the period you spend in the UK on Tier 1 will be counted towards settlement.You also have the flexibility to change jobs etc.

  
 
   
       
Q:
my visa as senior care assistant abt to expire feb 2011 ,i came in uk aprl 18, 2006, which makes me 2 mos. Short for settlement of 5 yrs , if my employer willing to give me 7.02 per hr as required by home office,when should i or my employer apply for my extension ?what month to be exact or is it possible for them to extend me nw for Ive only göt 11mos left in my visa.
Mrs. ana , Uk 		 
 
   
 
A:

Thanks for your Query,

Your date of entry is 18 /04/2006.

Your date of completion of five year period: 18/04/2011

You are eligible to apply for ILR from 21/03/2011 onwards.

As your visa is expiring in the February 2011, you will need to extend your visa before that in order to be able to continue in the UK. Your employer must provide you a Certificate Of sponsorship (COS) in order for you to apply for extension of leave under the TIER 2 category to continue in the same employment. As you are a Senior care assistant you will qualify for extension under the transitional arrangements provided you are currently on a Work Permit and your employer is willing to pay you £7.02 per hour.

The COS is valid for 3 months from the date of issue. As your leave is expiring in February 2011 you must request your employer to issue you a COS within three months prior to that. Once you get the COS you can apply for extension of Visa under Tier 2 General category.


  
 
   
       
Q:
Dear Sir,
I am currently living in UK since May 2006. I recently changed my immigration status from work permit holder to a Tier1 visa which is valid until 2013.
I have an offer from a UK company to work for them in Europe. I can come back to UK every fortnight to spend weekends. I will have a UK contract and tax & NI will be paid here.
I would like to know from you if I work outside UK will create any problem with my PR application which is due in May 2011.
Appreciate your valuable advice
Mr. Mathew Jose, UK		  
 
   
 
A:

Dear Mathew,

In order to be eligible for ILR you must meet the five year residence requirements in the UK.
This would mean that if you have stayed outside the UK for periods of 90 days or more or the total absence periods from the UK is over 180 days the UKBA can refuse your application on that basis.
However the discretion of the Secretary of the Sate may be available to you if you could prove that:

1. the stay outside the UK was necessary for the kind of work you undertake
2. the business or employment in the UK was not affected
3. You are based in the UK

I would advise you to provide sufficient evidence to clearly convince your circumstances when applying for settlement. If the secretary of state is willing to excercise the discretion in your favour on the basis of available evidence you may be exceptionally granted ILR.


  
 
   
       
Q:
I am in the uk on visiting visa and I am qualified general nurse I am plannig to apply for the work permit through the tier2.Is it possible for me to apply while I am here
Mr. Dominic Joseph, India		  
 
   
 
A:

Thanks for your Query,

As you are currently on a Visit visa, you will not be allowed to switch to a Tier 2 visa in country. You will have to leave the UK and apply from your country of normal residence.

  
 
   
       
Q:
I am currently doing my NVQ course in one college in London, However, their Tier 4 license was suspended and still making an appeal. I am quite scared if that license will be totally withdrawn or revoked, is it still legal for us to continue with the schooling? I belong to the old visa ( not tier4). They said that prior to the Tier 4 register of sponsor, they are DIUS registered. If i will apply for Tier 2, do you think the certificate that i will be getting from them will be valid? please reply
Ms. Jalika Marie, UK		  
 
   
 
A:

Thanks fore your query,

Suspension of licence does not necessarily need to result in revocation of license. However in the unfortunate event of revocation of license, your current leave may be curtailed to 60 days. If your current leave is only less than 6 months, then the UKBA may not curtail your leave at all. However you will be then be required to extend your leave in any category prior to the expiry of such leave or 60 days whichever is applicable.

In regard to the validity of the certificate I would advise you to check it with the UKBA points calculator or UK NARIC to find out the exact position.

  
 
   
       
Q:
Dear Sir,
I am under PSW Visa. From last 1 year I am working in NHS. My salary rate was £17730 per annum. From March 18/10, I was promoted to new post & my salry is £23k, which is in same dept and with the same employer.
I want to apply Tier 2 (Gnrl) cat, I calculated my points under PBScalculator & I got enough points.so mymain doubt is that can I apply for Tier-2 straight next month showing my new contract (£23) as Prospective earnings.my new jobtitle is diff/but same department & employer
Mr. Smitha Mathews, UK		  
 
   
 
A:

Dear Smitha
Thanks for your query.
If you are continuing in the same job ,the employer need not to complete a resident labour market test provided
1. You have completed 6 months doing the same job for the same employer.

2.If the post is different, then the employer must have done a resident labour market test before issuing a Certificate of sponsorship to you.

In both the cases you will be getting only 30 points for the COS(this does not apply if the job is in shortage occupation list and you will autonatically be eligible for 50 points in that case)

Rest of the points must be scored for your earnings and qualifications.(In your case you have confirmed that you meet enough points)



  
 
   
       
Q:
Respected sir,

2008 NOV. I came to UK as a student in NVQ Level 4 visa. My visa will end on May 2010. But I got IELTS from here as 7.5 & I planed to do ONP. My UK Reg. finished & got offer letter in last FEB. 2010 but ONP will get our place in SEP. The same time my visa will expire on MAY last 2010. I told this to my employer and she offered a work permit for 3 year as SCA in tier 2 visa and told to complete ONP after we can change it to Nurse Work Permit. Now I afraid the succes & papers.
Mr. joseph paul, india		  
 
   
 
A:

Thanks for your query,

1. you may extend your student visa on finishing your current course of study by joining for another course and applying for further leave to remain. If the start date of the new course if after one month from the expiry date of your current visa, you will not be able to extend your visa in country.

2. Regarding moving on to a Tier 2 visa for SCA, you will be initially getting 3 year visa(or in line with the certificate of sponsorship)
You may not be facing any problems while doing a course simultaneously provided you are not in breach of any conditions attached to your Tier 2 SCA visa.You may have to discuss this with your employer and find a solution.
The minimum hours yoyu must be contracted with the sponsor to qualify for a Tier 2 visa is 30 Hours per week.

  
 
   
       
Q:
Sir

I have became a British citizen and today applied for a British passport.
Before getting the British passport, in an emergency, can I make a travel to India with my Indian passport.

Thanking you

J. Mohan
Mr. J. Mohan, UK		  
 
   
 
A:

Dear Mohan,

Possessing Indian passport after acquairing nationality of any other country is a criminal offence punishable under Indian passport act.

One you received the naturalization certificate , you ceased to be an Indian Citizen and you MUST not travel to India using your Indian passport. You must surrender your passport without delay.

  
 
   
       
Q:
How can i migrate to canada for higher studies?
Mr. ABRAHAM JOHN, INDIA		  
 
   
 
A:

Thanks for your query,
I would advise that you must consult with a Canadian Immigration lawyer /agent.

  
 
   
       
Q:
My wife has got a job offer from NHS(Tier 2 visa). As per the consultant I can also move to UK after 6 months(Dependent visa). Currently I am working as Sr.Engineer (Electronics design and development)
Whetehr I can change my visa status to work visa? or How can I convert my dependent visa to work visa
Mr. Saji C Kappan, India		  
 
   
 
A:

Thanks for your Query,

Dependants of TIER 2 migrants do not have any work restrictions in the UK.
You do not need to change your visa category in order to work in the UK. You may work for any employer or start in self employment/business.


  
 
   
       
Q:
Dear Sir,

I have been coming to UK last 7years on workpermit, but i only stay in UK for 3 to 4 months . What are the chances me getting a PR.

Regards
Anees
Mr. anees, Dubai		  
 
   
 
A:

Thanks for your query,

Without providing more detailed information as to your work permit employment, type of work permit, total duration of stay etc I would not be in a position to answer your query.

  
 
   
       
Q:
i have ilr and married to a british citizen when can i apply for naturalisation,in may it will be a year for my ilr.
thanx
pam
Mrs. pam, uk		  
 
   
 
A:

Thanks for your query,

To apply for naturalization on the basis of marriage to a british citizen,
1. You must have been residing in the UK for 3 years
2. You must be married to a british citizen at the time of applying.
3. You must be free from any immigration control at the time of applying for naturalisation.

During the above 3 year period you must not ahve stayed outside the UK for more than 270 days and not more than 90 days in the last year.

  
 
   
       
Q:
sir, I am working as an RGN in UK in a nursing home .I would like to apply job in NHS ,IS thier any problem toget visa for my husband who is working as a dependent of mine, as I heard that according to new rules dependents are not allowed to work in UK .Is it true? please reply for my question.thanks....
Ms. SOUMYAJOSE, INDIA		  
 
   
 
A:

thanks for your query

If you are currently on a Work Permit employment (or TIER 2 ) you may bring your husband to the UK as your dependant and there are no work restrictions currently in force.

  
 
   
       
Q:
Dear Sir/Madam,

I am an Indian national and working in the UK on base of work permit holder. I got my work permit in June 2008 for 36 months. Therefore, my visa is expiring on June 2011. But because of some reasons I have to terminate my job on 31st March 2010.

So, I just wanted to ask you that how long can I stay in the UK after I resign? And i no longer want stay in the UK but I want to go back to india in end of April.

Thanking you
Mrs. Nikita Shah, UK		  
 
   
 
A:

Thanks for your query.

You have the right to stay in the UK as long as your visa is valid. However on termination of your employment your employer is obliged to inform the UKBA by filing a NPEE(notification of premature ending of the employment). Upon receipt of the same UKBA may wish to curtail your leave to remain to a shorter period or may not take any actions.
In any case it is not advisable to stay back in the UK for longer periods as that is against the conditions attached to your saty in the UK(work permit employment)

  
 
   
       
Q:
Hi Sir
I am a work permit holder and i came to this country on 16th sept 2005 andvisa expires on 23 aug 2010 as per my calculation my ILR is due on 18-19 Aug 2010 what if i dont get in person appointment should i go through solicitor and should i go for visa extension under Tier 2.
our baby was born in sep 2009 do i need to apply for her visa or should i apply for ILR only
Please advice
Mr. A KUMAR, INDIA		  
 
   
 
A:

Thanks for your Query

You may apply for ILR on the basis of a work permit employment 28 days before the completion of your five year stay in the UK in that category.

As you child was born in the UK it is not necessary for you to apply for leave to remain for your child unless you intend to travel abroad with your child and wants to re-enter.
You may instead include your child in your settlement application and must provide the birth certificate along with the supporting documents.

However you need to be careful while making a decision to apply for ILR as any refusal would mean that you would be left without leave to remain in the UK and a safe approach would be to extend your visa under TIER 2 and then apply for settlement later.

It is possible to get same day service through solicitors if you are not fortunate to get an appointment.

For your information our firm offers same day service for most visa extensions and settlement applications.

  
 
   
       
Q:
I AM CURRENTLY IN UK ON POST STUDY WORK VISA MY VISA FINISHES IN MAY2010 WHAT ARE THE OPTIONS AVAILABLE TO ME IF I WISH TO EXTEND MY VISA FURTHER MORE CAN I APLY AS DEPENDENT OF MY WIFE SHE IS HAVING WORK PERMITT THANKS
Mr. ravi, uk		  
 
   
 
A:

Dear ravi,

Thanks for your query.

The maximum period of stay in the PSW visa category is 2 years and you will not be able to extend it beyond that.

You may switch to a Tier 2 skilled worker visa if you are able to get a certificate of sponsorship by a licensed employer in the UK.

You may also swicth to a Tier 1 (general) Highly/ Skilled Migrant category.

The success of your extension/ switching application will depend upon meeting the relevant points criteria for both the above options and it is possible to make an application in country.

You may consult an immigration lawyer or visit the UKBA website in order to find out more about the points criteria and your eligibility.

It is also possible for you to apply for a dependant visa on the basis of your spouse's work permit employment in the UK.If you wish to take this route you will have to apply from outside the UK.


  
 
   
       
Q:
if i got work permit in UK whats the procuder & rules to aplly vissa in UK embassy
Mr. subramanian, dubai		  
 
   
 
A:

Dear Subramanian

Thanks for your query.

There is no Work Permit arrangements currently in operation in the UK for Commonwealth citizens.However the equivalent arrangement under the points based system of immigration is called as a TIER 2 Visa.

A licensed sponsor(employer) in the UK can issue you a Certificate of Sponsorship (COS) and you may apply for entry clearance visa from a british High Commission in your country by filling the application form and paying the appropriate fee.

You must meet the points criteria in order to get the visa and currently it is 70 points for Tier 2 category.Points are awarded for the job type, qualifications, availability of funds for maintenance,prospective earnings in the UK,english language skills etc.

As it is not possible to discuss the points criteria in detail without knowing further details from you , I would advise you to visit www.bia.homeoffice.gov.uk to get more information.


  
 
   
       
Q:
Dear Sir,
Iam in PSW visa & from last 1 year iam working in NHS (salary 18500), last month i got promotion(band 5),now my salary is 20750. so is it possible can i apply for a work permit without sponsorship letter. because i read in hommoffice site that we can switch from PSW to work permit without Sponsorship letter,but should work under the employer for at least 6 months.
waiting for your valuable reply,

thanks,
S Varghese
Mr. S Varghese, UK		  
 
   
 
A:

Dear Varghese,

Thanks for your query.

You can switch from PSW to TIER 2 (There is no Work Permit any more).

You need to identify whether you have worked for the sponsor on the same job that you are planning to take up with the employer under the Tier 2 category.

If YES, then the sponsor casn issue you a Certificate Of Sponsorship(COS) without the need for a resident labour market test(Advertising).You must also provide evidence of such employment for a period of 6 months.

If NO, then the sponsor must make sure they have met the resident labour market test requirements before they issue you a COS.

In any case the maximum points you will be eligible for is 30.

Rest of the points must be scored on the basis of your qualification,prosepective earnings ,maintenance funds and english language skills and total points you must score is 70.

  
 
   
       
Q:
hi,madam,i came on student visa,without work permit,in the year 2006 to u,k.then,i did adaptation,in the end of may,2006.i got pin numbr,in the month of oct,2006.i got r g n work permit in the month of february 2007.in which year,can i apply for permanent resident status?
Mrs. dasan thankaleela, india		  
 
   
 
A:

Thanks for your query,

As per the existing rules you are eligible to apply for settlement in the UK after completion of 5 years in a Work Permit employment.

However the new rules are proposed to be in force by the July 2011.If this is the case you will be required to meet the requirments as per the new rules and most likely you will be applying for a probationary citizenship after the completion of five year work permit employment.I will not ba able to provide any further information until the new rules are in place.

  
 
   
       
Q:
sir,iam NVQ level 3 student visa holder in uk. i have reached here in uk on 28-10-2009,iam working now in care homes, igot married .my wife is working in cyprus as a nurse, can i bring my wife to uk.if she come down here,can she wok here.

Mr. johny joseph, india		  
 
   
 
A:

Thanks for your query,

You may bring your wife as a student dependant. As per the existing rules student dependants do not have any work restrictions in the UK provided your visa is for a period of 12months or more.

However new tougher rules are proposed and this may affect the student dependant's right to work in the UK.

 
 
   
       
Q:
How much do i need to have in my account to apply for a dependent visa for my wife coming to the uk, now Iam student visa, my visa finished on jan 2011
Mr. rahul reddy, india		  
 
   
 
A:


Thanks for your Query.

Inner london:

Each of your family members will need to show that they (or you) have £533 per month, for each month of your course up to a maximum of nine months.


Outer london:

Each of your family members will need to show that they (or you) have £400 per month, for each month of your course up to a maximum of nine months


You only need to show the above funds for each month upto two months ,if you are applying having completed a course, or are about to complete a course of study in the United Kingdom that was at least six months long in the past four months

  
 
   
       
Q:
good day i arrive here in UK last july 2006 and my work permit or sponsor visa will xpire on july 2013 can i still apply for PR on 2011? thanks
Mrs. ceballo, philippines		  
 
   
 
A:

Thanks for your Query,

The new rules are proposed to be in force in July 2011.

As per the current rules you are allowed to apply for Settlement, 28 days before the date of completion of 5 year work permit employment in the UK.

In your case you will be completing 5 year WP employment in July 2011 and it seems to me that you will just qualify under the old rules.

 
 
   
       
Q:
Dear Sir,

I am really glad that I saw this site. Anyway, i am a chef working here in England for the past 3 years with work permit status. I am going to apply for Tier 2 (General) to work in different company. Since I was granted a visa in 2006 Do I need to get an english language course to switch into Tier 2 visa? Thank you very much for you help Sir.
Mr. emmanuel, united kingdom		  
 
   
 
A:

Thanks for your query,

If you are switching to Tier 2 for a new job position or a new employer you will have to provide evidence of english language skills.

If you are continuing in the same job with the same employer and wish to extend your leave under Tier 2 category you are not required to provide any evidence of your english language skills.

  
 
   
       
Q:
I came here as Nurse Student Visa on 13/03/2006.ThenI finish my adaptation and I got Workpermit as Registered Nurse23/12/3006.When I can apply for PR.

Thanks
S.Thomas
Mrs. s.thomas, uk		  
 
   
 
A:


Thanks for your Query,

Student Nurse Visa period will not be considered for the purpose of Settlement in the UK unless you applied for entry clearance on the basis of a Work permit.

Current rules allow you to apply for settlement in the UK, 28 days prior to the completion of five year continuous work permit employment.

In your case the five years will not be complete until 23/12/2011.The new citizenship/settlement rules are expected to be in force from July 2011 and that would be applicable to you.

If this is the case then you will have to apply for Probationary citizenship towards the end of five year period. UKBA will soon be publishing more information in regard to the implementation of new rules.


  
 
   
       
Q:
i have been living in the uk for 9 years now on a student visa i want to do my nurse training but i dont know what step to take
Ms. suzette green, united kingdom		  
 
   
 
A:

Thanks for your Query,

I would not be able to advise you on this and it would be better if you can contact the Nursing And Midwifery Council of the UK to gat more information on Nurses Training.

  
 
   
       
Q:
My wife is presently wroking IN UK as a Nurse and she is undergoing ONP course and this course will be finished in the month of April and during this time she will be paid. I want to apply for dependent Visa immediately after she finished ONP in April. She will be having 3 months bank statemenet and letter from Hospital after April. So shall I apply Immediately or I need wait till she get Registered Nurse PIN. Please explain me soon.

Regards
Ajay
Mr. Ajay Kumar, India		  
 
   
 
A:

Thanks for your Query,

Your dependant visa application will depend upon the visa category of your wife.

It is not clear as to the category of visa she possesses.

Whatever be the case there are no time limits as to when you will be able to apply for a dependant visa. However your wife should be able to prove that she can accommodate and maintain you without recourse to public funds in the UK.

  
 
   
       
Q:
sir, i have an idea to do MSc Analytical Chemistry from Kingston University UK. Could you please help me with the chances after doing this course in Uk.
Mr. Mohammed Afzal, India		  
 
   
 
A:

Thanks for your query,

I cannot advise you on this and it would be better if you can contact any career advisers or recruitment consultants in the UK.

However you will be eligible to apply for a Post Study Work visa for a period of 2 years immediately after successful completion of a post graduate course in the UK

During PSW visa period you do not have ant work restrictions in the UK.

  
 
   
       
Q:
I am Tier 1 HSMP visa holder. Is there any exception exists, that i fell seriously ill (unable to travel) in last week of 3rd month of my stay outside uk, and i can extend my stay a week more?
Mr. Shazz, pakistan		  
 
   
 
A:


Thanks for your query,
There are no such exemptions. If you still have valid visa at the end of your stay outside UK, you will be able to come back to UK.
The only issue will be at the time of your ILR application when UKBA will consider continuous periods of absence from the UK over 90 days and total periods of absences up to 180 days. At the time of settlement UKBA may exercise their discretionary powers in your favour based on the reasons for such absence (medical, business or other compelling circumstances etc.)

  
 
   
       
Q:
Idid Bsc nursing from india,if i will do my further study here like Msc nursing, then can i get pin number from NMC.
Mrs. veena masih, india		  
 
   
 
A:

Thanks for your query,


Automatic eligibility for NMC PIN number is restricted to students completing their qualifying course of study in the UK.
Doing a postgraduate course will not allow you to qualify for PIN number on that basis.
You are required to complete an Overseas Nurses Programme in order to get NMC registration as a RGN.
For further information Kindly contact NMC, UK.

  
 
   
       
Q:
I am an Indian Chartered Accountant and Completed ACCA (affiliate member). I have 7 years of international experience and presently working in Kuwait. What is the procedures for applying Immigration to UK, and how long it will take.
Mr. Jayan, Kuwait		  
 
   
 
A:

Thanks for your query.

You may apply for a Tier 2 skilled worker visa if an employer is willing to offer an employment and issue a certificate of sponsorship(COS) for you.
This is the new arrangement under the points based system that replaced the old work permit arrangements in the UK.

You may also qualify under TIer 1 (General) category provided you score enough points based on your attributes, earnings, language skills ,availability of funds for maintenance etc. Tier 1 general will aloow you to come to UK for an initial period of 3 years and can be extended.
Please refer to my previous answers giving information about Tier 1. You may also visit the relevant pages of the UKBA website using the following link to assess your eligibility.

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/general/

Should you require professional services from an immigration solicitor you may contact us.

 
 
   
       
Q:
hello,
I am currently in uk, i get psw visa in coming next month. and i want to go India after getting psw visa. so, how many time i live in India? is there any rules that after getting psw visa i can not live in India for some time period? if, that yes, than i want to know how many maximum time i live in India?
Mrs. gayatri , uk		  
 
   
 
A:

Thanks for your query.

There are no restrictions as to specific length of time that can be spend outside UK.
So long as your visa is valid you should not be having any problems in travelling in and out of UK.

The period spend on PSW visa will not be considered for settlement in the UK. Also the maximum time you are allowed to stay in the UK on a PSW visa is 2 years and you will only be able to do that once in your life time.

However the more time you spend outside you may face with various questions by the immigration officers at the port of entry while returning.

  
 
   
       
Q:
respected sir
if i get a student visa for two years after completing my course.can i apply for the tier two visa.
Mr. nimesh, india		  
 
   
 
A:

Thanks for your query.
Students may change to TIER 2 visa whilst in the UK.

In order to switch to a Tier 2 visa you must find an employer willing to offer a job and they should issue a Certificate of Sponsorship.

You must apply for incountry extension under tier 2 category and get enough points. Please refer to other questions answered previously in order to get more information about Tier 2 criteria.

  
 
   
       
Q:
Sir ,i am diploma nurse and 26 months work experience in INDIA.My ielts score is overall 6 only.I would like to do NVQ course in UK ,maximum howlong i can be there (is there 3 years nvq or nqf ).which is less expensive area in uk ,usually howlong will take to get this visa.kindly reply for my querey
Mr. VIJOY, INDIA		  
 
   
 
A:

Thanks for your query.

I would advise that you discuss with colleges offering NVQ courses or counsult with student recruitment representatives to get more information about the courses and the fee involved.

YOu will normally be granted with a student visa of enough duration to cover the course length and also few months in excess. It is also possible to join for another course on successful completion of one course of study whilst in the UK.

  
 
   
       
Q:
Hello Sir,

My spouse & kid have had Workpermit-Dependent Visa valid till Dec 2010. Now they are in my home country, India. Recently I have applied & obtained Tier-1 Gen Visa in UK.

Can my spouse & kid travel to UK on their existing dependent Workpermit visa (as their visas are valid till Dec-2010)?

However, I wish to apply for change of their visa status to Tier-1 dependent, from UK, at a later time before Dec-2010. Please advise as appropriate.

Thank you in advance,

Regards,
Siva Kanukollu
Mr. Siva Kanukollu, India		  
 
   
 
A:

Thanks for your query.
The appropriate proceduer for you to follow is to apply for Tier 1 dependent visa from India before they travel.

The fact that you have changed your status to Tier 1 migrant would mean that the original conditions based on which they were granted dependent visa ceased to exist. In other words they are no more work permit dependents.


  
 
   
       
Q:
Sir. My Name is Md Afzal Iam 24 years old my Nationality is INDIAN Iam working in Saudi Arabia now in Trading Company as a Sales Executive my visa Profession is house driver, My Friend stay in London he offered me UK work visa for typing operator, He will send me Invitation Letter,work permit, visa permits My visa shall be working visa and what document we will be provide in british embassy in saudi arabia Iam waiting your reply sir please you reply my E-Mail Id afzal78611@yahoo.co.in
Mr. Md Afzal, India		  
 
   
 
A:

Thanks for your query.

In UK the work permit arrangements have beeen stopped and the equivalent new arrangement is called Tier 2 visa.

If you friend is offering a job for you , he should provide you with a Certificate Of sponsorship reference number that has been issued for you.

You may apply for Tier 2 entry clearance visa from the nearest british high commission. I would advise that you take legal advise from a solicitor in order to process your visa.

  
 
   
       
Q:
my daughter in law is trying for an admission in a university in u.k.(MBA-IT)Her husband wants to accompany her to uk.I want to know whether the husband can work full time in uk
Prof. m.c.joseph, india		  
 
   
 
A:

Thanks for your query.

Husband will be able to come to UK as a student dependent. A student dependent can work in the UK, fulltime provided the student is doing a course of duration at least 12 months.

  
 
   
       
Q:
How much do i need to have in my account to apply for a dependent visa for my wife coming to the uk.
Mr. Samba Jay, Guinea		  
 
   
 
A:

Thankks for your query.

Before I can answer your question I would like to know what is your staus in the UK as it is different for different categories of visa.

  
 
   
       
Q:
Sir

In the citizenship apllication form, in the reference section they have asked that one of the referees should be a civil servant.
Are our Indian nurses (with or without Bristish passport) working in the NHS and British nuns will come under the category of civil servants Or are they eligible to give reference ?
Thanking you
Yours sicerely
J. Mohan
Mr. J Mohan, UK		  
 
   
 
A:

Thanks for your query,

On an application form for naturalization ,one of the referees can be any one in the following capacity.

' persons of any nationality,
in a professional standing, or members of a professional body, civil servents , ministers of religion etc.

the other refereee must be a british citizen of age over 25 years.

Profeesional standing or membership in a professional body would mean that Nurses ( NMC registration) are eligible.The list can be extensive i.e. doctors, accountants, solicitors, etc.

Both the he referees must have known you for at least 3 years.

Regarding the suitability of a Nun Iwould not be able to comment.

  
 
   
       
Q:
I am in this country from 2005 nov14th . I came over here with work student visa.And i got my work permitt in 2006 april.Do i need to wait for five years from2006 april to get permennent residency.
Mrs. chandu, u.k		  
 
   
 
A:

Thanks for your query.


Student visa is non settlement category and any period of stay in that category will not be considered for settlement.

I do not understand what you mean by WORK STUDENT visa. I have never heard about any such visas.

As per the information the clock will run from 2006(when you changed to work permit category) in your case for the purpose of settlement in the UK and as per the current rules you may qualify in 2011

 
 
   
       
Q:
Dear Joby

Can I ask you something regarding PR, I am due to apply for PR next year July. Myself and my wife are on different work permits. She can apply for work permit in January 2011. can we apply for PR on the same application and fees
Mr. DINO PAV IYANOS, UK		  
 
   
 
A:

Thanks for your query.


Work permit holders will have to apply on individual basis paying the full fee on meeting the qualifying criteria.

Dependents of Work Permit /Tier2 category may apply along with the main applicant on the same application at a reduced fee of £50 per dependent.

  
 
   
       
Q:
iam a highly qualified nurse in Egypt &i want to practice nursing in uk specialy in field of ophthalmology .what is my chance to remain in uk
Mrs. noveir ghaly, egypt		  
 
   
 
A:


Thanks for your query.

When you say 'Highly qualified' I am not sure what you mean.

Kindly contact the Nursing and Midwifery council of the UK to find out whether your qualifications and experience are valid in the UK and take necessary steps for registration.

Regarding chances in the UK you will have to contact any recruitment consultants.


  
 
   
       
Q:
I am currently a Tier 2 work permit holder and have spent 3 years in UK. I an keen to apply for Indefinite Leave to Remain after 4 years 11 months. I am spending close to 90 days (includes business trip as well as vacation) every year not at a stretch but few days every month either on business trip or to see my parents and ailing grand parents. Am I running into a risk? Please note that these 90 days have never been more than 3 weeks at a stretch. Please advise. Should I be phoning you to find?
Mr. Shiba Pandya, India		  
 
   
 
A:


Thanks for your query.

From the information provided I do not feel that there will be any issue with the settlement application.

There may be issues if you spend 90 days at a time or 180 days in total. There should not be any issues with regard to the frequency of the trips.

Further if you have genuine reasons for absences in excess of the above, discretionary powers may be exercised in your favour while deciding your application based on the merits.

  
 
   
       
Q:
hi there i m doing my nvq 3 in health and social care which is getting over this december.i have done my bsc in nursing in india.presently i m working with nhs professinals.i want to extend my visa what are the possible ways.
Ms. shubhada, united kingdom		  
 
   
 
A:

Thanks for your Query.

After successful completion of NVQ 3 you may join for NVQ 4. You will have to apply for extension of leave under TIER 4.

It is also possible for you to apply for extension under TIER2 if a licensed employer is offering a relevant job offer and certificate of sponsorship.

If you undertake a degree level study in the UK, it is possible for you to apply for post Study Work visa (PSW) after successful completion of the course that will allow you to remain in this country for 2 years without any restrictions on work or working hours.

  
 
   
       
Q:
work permit holder working as a nurse for the nhs........i change job two years ago but have been told that my current leave which expires in 2011 is not valid as i didnt apply for a new one when i changed my job......what do i need to do?
Mr. allan escude, england		  
 
   
 
A:

Thanks for your query.

I would advise you to consult a solicitor as soon as possible.

  
 
   
       
Q:
dear sir,
my husband was successfully accepted as a nurse in a hospital in London through the ONP programme. he is currently on his 2nd month. he wants to get me through the dependants visa category. may we know if we can apply as early as december before the release of his NMC PIN? is it possible to apply without it yet? we are newly weds, got married last may 21, 2009 and he went to london last sept. we really want to spend the christmas & new year as a couple. we hope you can help us thank!
Mrs. Leynes, Philippines		  
 
   
 
A:

Thanks for your Query,

I understand that he is currently on an ONP program. I would like to know about his visa status in the UK in order to advise you further.

Both students and Work Visa holders are allowed to bring their dependents to the UK so long as the maintenance requirements are met.

NMC PIN number cannot be considered as a requirement for grant of Dependent visa.

  
 
   
       
Q:
Hello , Thanks for your clarification.
1) Is it possible to have valid Tier-1 General Visa and Tier-2 Dependent visa at the same time on the passport.
2) I am not on depedent status on my wife. My wife will qualify for PR in Dec 2010. If i change to her dependent status say 3 months before that (Aug2010) will i also qualify for PR at the same time. FYI , we got married in 2007 and both are working in UK on seperate work permits.

Thanks,

S Mathew
Mr. S Mathew, UK		  
 
   
 
A:

Thanks for your Query,

Main applicant can include dependents on their application for settlement in the UK and normally they all will be granted leave in line with the main applicant.

It does'nt matter what you have on your passport, It will be based on the latest entry clearance category/leave to remain category you will be judged. i.e. If you change to dependant, then you will not be considered as a Tier 1 any more and it is the same if you change to a Tier 1 from dependent.

  
 
   
       
Q:
hey i have completed diploma in nursing in INDIA . now i am in USA on student visa , have 6.5 in ielts and have 30000 GBP to shown on my name can i qualify for HSMP
Mr. rinkal , india 		 
 
   
 
A:

Thanks for your Query

HSMP is no more in operation in the UK. The equivalent scheme is called Tier 1 (general) visa.

For this, the minimum qualification to claim points is a Masters Degree. Please refer to previous question answers to know more about Tier 1 and eligibility .

  
 
   
       
Q:
Dear Sir,
Can you give me your e mail address?

Mr. ANTO KOIKKARA, INDIA		  
 
   
 
A:

Thanks for your query.

You may contact me by e-mail on jj@jrsolicitors.com

  
 
   
       
Q:
Dear Sir,
Me and my family have got permanent residency in UK last month.And I am intend to become a British citizen after one year.I would like to know about any benefits we are eligible after getting PR without affecting my application for citizenship next year? Please advice regarding the benefits we are eligible after getting PR. And if anything we are eligible, how we can apply for it?
Mr. J T Paul, UK		  
 
   
 
A:

Thanks for your query,

PR gives you the right to claim public funds(benefits) in the UK. You may apply for any kind of benefits applicable in your case. As itis a very vast subject I will not be able to discuss in detail in this session. However given below are few benefits that normlly claimed by most of the perople. Benefits in the UK are mainly divided in to four Groups as given below.

Benefits are divided into four groups:

1.Benefits for people of working age
2.Benefits for people who have retired or who are planning to retire
3.Benefits for families and children
4.Benefits for disabled people and carers


Please visit the following link to know about benefits in detail and to claim it. Should you have any specific queries after going through the following link please contact me.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_4016266


  
 
   
       
Q:
I am a Chartered Accountant & my wife is a software engineer, working in Qatar. Is IELTS is necessary for migrating to U.K ?
Mr. Thomson, Qatar		  
 
   
 
A:

Thanks for your query.

When you say migrating to UK it can be through various routes and I am not clear which route you plan to take.
Englsh language skills requirements are different for different routes.
If you are planning to come to UK in Tier 1 (General ) category then the requirement are as follows.

To apply under our points-based system and be accepted into the highly skilled worker category, you must pass a points-based assessment.

You must score:

75 points for your attributes (age, qualifications, previous earnings, and experience in the United Kingdom); and
10 points for English language; and
10 points for available maintenance (funds).
If you do not score a minimum of 75 points for your attributes and 10 points for English language and 10 points for available maintenance (funds), your application will be refused.

Use the points based calculator using the following linkto calculate how many points you have and whether you are eligible to work in the United Kingdom as a highly skilled worker under the points-based system.

http://www.ukba.homeoffice.gov.uk/pointscalculator

Should you have any further queries or need assistance with your applications you may contact our office.



  
 
   
       
Q:
Dear Sir/Madam: Please send me the list of legitimate nursing home because I am planning to apply for a student visa under Tier 4 in Caring Career Ltd at the United Kingdom. asking your kind considaration about this matter. Big Thank You!
Mr. Gerry Balbes, Philippines		  
 
   
 
A:

Thanks for your Query,

Please search on the internet to find more about Nursing Homes Care Homes in the UK or approach any recruitment agencies to get you a placement.

The following link is a database of care homes in the UK that may be of help.


http://www.bettercaring.com/

  
 
   
       
Q:
can I get a job as a driver in Uk (I have UAE Driving lisence)
Mr. Ibrahim, India		  
 
   
 
A:

Thanks for your Query.

You will require a Full British license in order to get the job as a driver in the UK.

You may drive using your foreign license for a period of one year in the UK from the date of entry.

  
 
   
       
Q:
How long a workpermit holder can away from uk
Mr. Gilce George, India		  
 
   
 
A:

Thanks for your query.

Work permit Holder can be away from UK as long as he /she wish. However re entry will depend on various factors. To discuss further I would require more information.

  
 
   
       
Q:
Hello, I am currently in the UK on WP and completed 3 years. My wife is also on WP and completed 4 years. I may continue or not continue. Assume she obtains Permanent residentship after 5 years. Can i change to her Dependent status after that , and if yes will i also be given PR. Is there any criteria that i have to be in dependent status for a certain period for getting PR status. Please advise. Thanks.
Mr. S Mathew, UK		  
 
   
 
A:

Thanks for your query.

If you need to qualify based on your WP, then you need to meet the 5 year criteria for PR as a WP holder.

If you want to take the work permit dependant route route, then your leave will normally be in line with the work permit holder i.e. your wife. In this case you will not be required to meet the PR requirements independently. When your wife qualifies for PR dependents can apply together.

This should not be confused with the application for settlement based on marriage or civil partnership. In this case, if a person wants to come to UK as a Husband or Civil partner of a person settled here, normally a 2 year probationary leave will be given. Provided the marriage is still subsisting the Spouse or Partner will qualify for settlement after 2 years in the UK.


  
 
   
       
Q:
Dear sir,

I am a MSc Fisheries postgraduate (30yrs) with five year experience as a quality inspector in seafood industry. I can also work in general food industry. How can I find a employer in UK , who provide work permit.
If possible plz give me a brief idea about the UK immigration.

with regards,

Roy Jose
Mr. Roy Jose, India		  
 
   
 
A:

Thanks for your query.

Kindly refer to previous questions and answers to get lots of information about various visa categories to migrate to UK.

With regard to finding an employer you will have to contact recruitment specialists. After finding an employer you may contact a solicitor to process you visa if required.


  
 
   
       
Q:
hi,
could you please let me know ,after getting the PR is it necessery that the dependent must stay in uk another one more year to get the British passport ? or even if dependent stay away from uk and come back with in a year time, is it eligible to applay the british passport.?
Mr. george, United Kingdom		  
 
   
 
A:

Thanks for your Query,

Dependants will qualify for PR in line with the Work Permit Holder or the main applicant.

However Naturalization (Citizenship) is based on individually meeting the relevant qualifying criteria.




  
 
   
       
Q:
Hi,

I have stayed more than 200 days out of UK during my last 5 years. I was out for personal reasons. whether i am eligible for PR at the end of 5 year ? or do i need to wait for some more time?
Please help

Thanks,
Rajeev
Mr. rajeev, india		  
 
   
 
A:

Thanks for your query,

Your question is not clear whether you stayed 200 days on a single occasion or various occasions.
Normal rule is that you should not be staying outside UK for 90 days at any one time and not more than 180 days in total during the 5 year period. However discretionary powers may or may not be exercised in your favour and this depends on the merits of each case.
To discuss your matter further please consult with a solicitor before applying



  
 
   
       
Q:
i am majo.a chef.presently i am working with 5 year work permit.i have already completed my 3 year .i am planning to change my present employer .as per the new PBS,English eligibility is a main requirement .Is it enough to study live in UK test or any other English course? please give meman advice.
Mr. majo, uk		  
 
   
 
A:

Thanks for your Query,

It is not possible to meet the English language criteria for Tier 2, using a pass certificate in the Life in The UK test.

Please use this points calculator link given below in order to find out the courses approved by the UKBA.

http://www.ukba.homeoffice.gov.uk/pointscalculator

  
 
   
       
Q:
Sir,one person making problems in kerala,he working UK,he is name shiju abraham ambattu (house) manathoor(po)kothattkulam(via) ernakulam (dist)he is wife staff nusrse in uk.manju chacko.servel time abuseing my house.political hand and money power he use,pls helap me.he is call me more time this no-7931783024,3727060501,wher complent in uk .pls replay me.he is pp no?many more complent in keral not action in police.
Mr. kuriakose.pk, qatar		  
 
   
 
A:

Thanks for your Query,
I do not understand what you mean. Should you require to discuss anything please contact me on my office telephone.

  
 
   
       
Q:
I was on HSMP for the past 2 years in the UK. I applied for extension of leave to remain under Tier 1 General category and the leave is granted for next 3 years till Oct 2012. We are currently staying in the UK with this permission and will be able to apply for PR in 2012. However I would like to travel back to India for a long duration and work in India for some time. Please let me know if I stay in India for 1year, will I still be able to apply for PR in 2012, when i come back to work in UK.
Mr. Antony, UK		  
 
   
 
A:

Thanks for your query.

Normally if the continuity of stay is broken, the application is likely to be refused.
Continuity is considered to be broken if you have stayed outside UK for lengths of time in excess of 90 days at a stretch and total length of absence from UK in excess of 6 months.

However discretionary decisions may be taken giving due consideration to any exceptional circumstances. E.g. if the requirement for you to leave UK and stay outside is directly connected to your employment or business in the UK etc.



 
 
   
       
Q:
I have been working in UK for more than 3 years as a health assistant. What is my chance to get the UK PR?
Mrs. zhao feiyan, china		  
 
   
 
A:

I will not be able to advise you clearly without knowing what category visa you possess.

As per the current rules if you complete 5 years in the UK in a qualifying category, you are eligible to apply for PR.

  
 
   
       
Q:
MY WIFE IS A NURSE IN NEPAL.N CURRENTLY TRYING 2 COME 2 UK AS MY DEPENDENT.can she easily get registered at NMC?Is ielts score 7 compulsury for FINDING work?Can she do shrtterm courses there 2 improve her skills not recognized by UKBA?
Mr. lekhant, nepal		  
 
   
 
A:

Thanks for your query


IELTS 7 in all modules is not a requirement by the UKBA. It is a requirement for the NMC to register overseas qualified nurses in the UK.

So long a she is in a dependant category she will not be having any restriction for working in the UK. Only exception is when she is the dependant of a student doing a course less than 1 year duration wher she will have work restrictions.

She may do any course whilst in the UK.

  
 
   
       
Q:
Hi
i am on work permit in UK from last three years i have leave to remain for next four years till 2013. I have maried here in UK with my current employer. She is a HSMP visa holder and have successfull business in London. I am currently working for her company. According to my current situation i will qualify for PR in 2011. If i change my status to her depandent i would qualify for PR in 2013. I just want to know if i change my status to her dependent then can i still apply for PR in 2011?
Mr. tony, UK		  
 
   
 
A:

Thanks for your Query.

If you are on a work permit then your PR eligibility is based on you meeting the PR requirements.

If you become a dependant of a migrant in any category, then your eligibility for PR will depend upon the PR eligibility of the main applicant. Dependants will not qualify for PR in their own rights unless for the discretion of the authorities owing to any exceptional circumstances.

you will not be allowed qualify for PR by showing a part of the qualifying time on work permit and another part of the qualifying period as dependant.




  
 
   
       
Q:
i, My son has applied for a U.K visa before 7 months through a well known agency at Ernakulam.His visa was rejected and the company tried with giving appeal.e
Since 7nmonths we are waiting for that.My son is a male nurse .Is there any hope of expecting a visa for him.
Mrs. SarammaIsaac, India		  
 
   
 
A:

Thanks for your query

APPEAL

Please double check with your agency whether they did file an appeal. On an appeal you have two options.

Option 1: Paper appeal wherein no representation is required on the date of appeal. Judge will decide the case on its merits considering the written submissions from the parties and you will be notified of the decision.

Option 2: An appeal wherein a representative can attend the hearing in person and make submissions on behalf of your son.

Appeals can be time consuming. Whether your son will be able to come to UK will depend upon the circumstances of the case and I will not be able to comment on it without adequate information from your side.

It is not clear from your enquiry, in what category your son applied for entry clearance to UK.

Should you require further assistance please contact us or any other solicitors in the UK.


  
 
   
       
Q:
SIR, IAM working as a senior carer in uk, i came here on 2007 january 12 .i got 5 years visa expeired on 2012 january. ie iam completing my 5 years in 2012, and my visa expired in same month. how can i get my pr or citizen ship ,can i apply another work permit now, my work permit expierd on 2011 october . please give me a replay ,tahking u asa
Mrs. ASA MOLE, INDIA		  
 
   
 
A:

Thanks for your Query,


I understand that you have leave to remain in the UK (valid visa) until January 2012.
If you entered UK on the 12 January 2007, you will qualify for permanent residency after 5 years as per the existing arrangements.

However it is almost clear from the Home Office that the new rules for earned citizenship will be implemented from July 2011. If this is the case you will be subject to the new rules as your qualifying period falls past the July 2011. Please wait and see for further announcements from the Home Office in this regard.


  
 
   
       
Q:
Hi,
I am working in Tanzania as Electrical engineer in an Italian company.I like to work in UK and become citizen.What is the proces of these?
Mr. jOSEPH.T.T, INDIA		  
 
   
 
A:

Thanks for your query,

Question is not very specific.
Visa eligibility often depends on your age, qualification, current salary, english language proficiency and several other factors.

Kindly get in touch with us or any other solicitor firm in order to assess your eligibility and to get suggestions about the most appropriate scheme for you.

  
 
   
       
Q:
hi,
hi
i wans admission in mba fin. or hsmp wht docu.required how many day take to get visa and wt is yr charfess 4 all
Mrs. prititej, india		  
 
   
 
A:

Thanks for your query.

For admissions you need to contact the universities direct or their agents in your country

HSMP scheme has been stopped and you will have to see if you qualify for TIER 1 visa. It is similar to previous HSMP scheme.

For fees and other info either visit www.jrsolicitors.com or give us a call.

  
 
   
       
Q:
my sister is working uk as a social worker. I want to know about the dependency visa, what is the procedures for going
Mrs. bose, Indian		  
 
   
 
A:

Thanks for your query.
As your question is not very clear,I would advise that you sister in UK should contact a solicitor to get proper advice.

  
 
   
       
Q:
how to immigrant in u.k
Mr. rshid, honduras		  
 
   
 
A:

Thanks for your query.

Kindly refer to previous questions.

  
 
   
       
Q:
Hi:

I have 10+ years of experiece in the IT/Software Development field, but I do not have a degree. I have completed my PDC and some computer courses from some private firm. Now holding some good position at well known IT company in Cochin

Am eligible for a work permit / Visa to Bahrain or UAE? Pls help me to get this information

Thanks/ Ron
Mr. Ronson, India		  
 
   
 
A:

Thanks for your query

I am sorry that I will not be able to advise on Visa / Work permit requirements for Bahrain or UAE.

  
 
   
       
Q:
Dear sir, Iam going to India for maternty leave in december .what is the problem if I am staying there more than 3 months.how it will affect my PERMANENT RECIDNCY.Now I am on nursing work permit.I can apply for permanent residency in march2010.Thank you..
Mrs. ROJA JOHN, U.K		  
 
   
 
A:

Thanks for your query.

Please see simllar questions posetd and answered earlier. It is not advisable to stay for more than 3 months period outside the UK as it can delay your settlement in the UK.

  
 
   
       
Q:
My daughter is now studying in MBBS in India. After her intership in 2012 I would like to join her for PG studies in UK. Could you please advice me hints about to join any University in UK for PG studies.

Thanks,

Raheem
Mr. Raheem C. P., Kearla		  
 
   
 
A:

Dear Raheem.
Thanks for your query.

I regret that I will not be able to guide you on further studies in the UK. You need to consult with an overseas education adviser or organisations doing admissions for UK universities. You may also contact the british library.

Should you require any Immigration Law rekated issues or visa related advice or service you may contact us.

  
 
   
       
Q:
Hiya. I have received PR this year (2009). However, I would like to give birth in my home country. Therefore, I have to stay outside the UK for at least 6 monthes continuously. Is that OK?
Mrs. Jones, 		  
 
   
 
A:

Thanks for your query.
Your question is not clear.




You may stay outside UK for 6 months without having any problems as you have PR.
However this may delay your application for Naturalisation if you wish to apply for as you should not be staying outside the UK for more than 90 days in a year.

  
 
   
       
Q:
Hi,m AYUSH, persuing B.tech ,m 21 years old, m going to UK in january 2010,for my training,i would b staying there with my uncle,i wanted to do a part time job during my trainig period out there,so what sort of visa should i opt for,n what are its requirements??
Mr. ayush nijhawan, india		  
 
   
 
A:

Thanks for your query.
Your question is not clear and confusing.

I undestand that you are coming to UK for training??? Have you got a visa stamped for this already? What visa do you have? What is the lenght of your stay? Is is a paid training? How many hours you will be doing the training a week??

Please get back to me with the details and I will be able to advise you.

  
 
   
       
Q:
Is there any condition for Spouse to stay outside Uk (Like HSMP Main applicant should not be outside of UK more than 3 months.
Mrs. rutu, india		  
 
   
 
A:

Thanks for your query.
Your question is not clear. However if it is regarding settlement, then there is no problem for the dependants. They will get settlement in line with the main applicant irrespective of the time spent outside.

  
 
   
       
Q:
my wife entry in uk 2006 march 6 carer work permit 5 years now prmit change 2013 any problem in pr
Mr. manuelmathew, india now in uk		  
 
   
 
A:

Thanks for your query.
Please read the article in this session regarding the proposed changes in settlement and citizenship rules and their likely implementation period.

  
 
   
       
Q:
hi,i am rupal patel from india i came in uk as a spouce visa before two years ago,my marriage was not success so i went out from my husband house and was living with my uncle and before my vis agone expired i went to back india,and i got divorce and i applied for student visa then i got rejection,british high commiccion said my visa was curtailed before my visa gone expired,help plz
thanks
Mr. rupal patel, india		  
 
   
 
A:

Thanks for your query.

CURTAILMENT OF VISA

Spouse visa is issued for the purpose of joining your spouse in the UK. If the marriage is not existing that will affect the validity of your visa and home office may curtail your visa and if this happens your stay in the UK beyond that period will be in violation to the Immigration rules.

With regard to your student visa rejction I will not be able to comment without more information or seeing the rejection report. I would advise that you see an immigration lawyer who will be able to help you out. It could be possible for you to request an Administrative Review based on the merits of the case. Should you require to discuss this matter with us further, please do not hesitate to contact or office.

  
 
   
       
Q:
Hi ,
I am UK HSMP holder till 2012. I have lived in UK from 25Sep/2005 to 22/June/2009. I went to India for 3 monhs and and a week. I want to know can I still apply for PR after completion of 4 years and 11 months including this absence of 3 months and a week. I also want to know wht is the upper limit of living outside UK to apply for UK PR. In case I have voilated the upper limit of living outside UK , how can I still get a PR. I mean can I live continuously for a year now and then apply
Mr. Abhishek , India		  
 
   
 
A:

Thanks for your query,

Regarding staying outside UK, there are no restrictions or any specific time limits. You may stay outside the UK as long as you wish during your visa period. The period you spend outside UK will be taken in to consideration at the time of settlement in the UK. Normally any absence for a continuous period of 3 months or absences totalling 6 months within the last five years of stay in the UK would mean that your application for settlement can be declined or in other words it will take more time for you to gain eligibility for settlement in the UK.

However home office can exercise their discretionary powers in exceptional cases.

In your case it is not clear as to why you stayed outside for over 3 months. You have just mentioned a 'Break'. If the aforementioned break was owing to any medical conditions, employment related or for any other reasons that justify your absence then it is highly likely that the discretion may be exercised in your favour.

Also in your case the total stay has not exceeded 6 months and this will be considered in your favour.

Regarding the success of your application I will not be able to comment. All I would say is that I have seen cases where the discretion was exercised in favour of the applicant and at the same time there are cases where periods of absence were taken seriously and permission not granted.

Should you wish to avail our services for making your application please contact us or visit our webste,www.jrsolicitors.com where you can find our service charges.


  
 
   
       
Q:
Is now After completion of your current course you may be able to join for any other course in the next level and may apply for extension of stay as a student. You may also move on to employment in the care sector provided you have an employer willing to employ you as a Senior Care Assistant. Your employer must also have a sponsor license to employ foreign nationals.

As in your this above answer to one person, would you guide me that work permit is available in this time for Indian citizen.
Mr. Ketan Pomal, Indian		  
 
   
 
A:

Thanks for your Query.

The above answer was provided to someone who was in UK as student doing an NVQ course.

NO more work permits to UK. You may refer to other answers that I have given to others clearly mentioning that the work permit system is no more in operation in the UK.

There are other arrangements in place for people wishing to come to UK, based on the new POINTS BASED SYSTEM FOR IMMIGRATION.

I appreciate the fact that you have mentioned that you are an Indian citizen. However I would not be able to comment on the ways in which you may be able to come to UK unless you provide more information as to your profession, Educational qualification etc.

As you have shown some interest in going through my answers I am sure that you will be able to gather more information if you could read few more answers.



  
 
   
       
Q:
Dear Sir,
I heard news that, now u k government migration is more easier than before. especially for nurses, senior care assisstant. is it true?. i got this news also from your article on deepika.com
Thanks
Shini Raju
Mrs. Shini Raju, India		  
 
   
 
A:

Thanks for your query,

MIGRATION TO UK ,EASY OR HARD?

My article does not comment about the easiness or toughness of migration to UK, rather it discuss in detail about the impacts of new changes recommended by the authorities.

With regard to Nurses, Senior care Assistants the advantage at the moment is that they are in the Shortage skill list (not all category of nurses) which means they are able to get the 50 points subject to meeting the shortage list conditions.

If they are taken away from the Shortage Skill list then it would be more difficult for them to get sufficient points.

However as a first step to migrate to UK for employment, there has to be an employer who is qualified to issue a certificate of sponsorship to you. (Previously work permit).

Once you get a certificate of sponsorship you may apply for entry clearance based on that.

Your application will be assessed in accordance with the Points Based System for Immigration and if successful you will be granted entry clearance.





  
 
   
       
Q:
Dear Sir,
I have two years of experience in dementia care with a reputed care home. After this I have also done a six month certificate course in geriatric care conducted by the social ministry of the Indian Government. Would you advise me about the best possible way to get an employment in the social care sector in the UK?
Thanks and regards.
Vij
Mrs. Viji, india		  
 
   
 
A:

Thanks for your query,

HEALTH AND SOCIAL CARE JOBS IN THE UK

Health and Social care sector in the UK offers employment opportunity to a large number of overseas nationals.

In order to find out whether your qualifications are acceptable in the UK you may contact NARIC and assess your qualifications. You may follow the link to go to NARIC website to get further information.

www.naric.org.uk

If acceptable please get in touch with any recruitment agencies specialising in your area of interest to see whether they can help you to find an employment or write direcly to potential employers with your CV.

When you find an employer you may seek further assistance from an Immigration Lawyer to assess your situation and to assist with your visa processing .





  
 
   
       
Q:
Sir,An agent in Saudi Arabia has offered me a work permit to U.K by paying cash, promising a job or I can find job independly.Is it possible?also said that work permit can be renewed after 3 years.is it possible,if I work under another employer?Can I take with me my family or How long will take?Since at present am residing in saudi arabia is it possible for me to work in U.K without cancelling my saudi visa?Can I apply for PR after 5 years without support of my agent?tell me usual/unusual ways
Mr. Shamsudheen.Olassery, India		  
 
   
 
A:

Thanks for your query,

WORKING IN THE UK

1. Nobody can offer a Work Permit to UK as that arrangement is no more in operation.

2. Only licensed sponsors can offer Certificate of Sponsorship (similar to Work Permit) to work in the UK.You can see on the Home Office website if the employer is licensed to do so. Please follow the link to check this.

http://www.bia.homeoffice.gov.uk/employers/points/sponsoringmigrants/registerofsponsors/

3. You have to apply for Tier 2 visa to enter in to the UK using your sponsorship certificate. Normally initial visa will be for 3 years.

4. Please be informed that you will not be able to work for any other employer using the Sponsorship Certificate and visa issued for one employer. However you may do a similar kind of job for another employer for not more than 20 hours a week in addition to your original employment.

5. You do not need to cancel your Saudi Arabian visa to work in the UK .However I will not be able to comment on that country's rules in this regard.

6. Your family can join you as dependants and they do not have any work restriction in the UK.

7. As per the current rules you will qualify to PR within 5 years. New rules will be in place and by the time you enter new rules will apply for PR.

8. For PR you do not need an agent and you may seek assistance from a Solicitor in the UK.



  
 
   
       
Q:
Sir,

My Daughter is just passed in ME specialized in VLSI Design (Chips Designing). She is looking get a change in UK. What is general procedure.
Mr. Varghese Ninan, Kuwait		  
 
   
 
A:

Thanks for your query,

ME- It is not clear whether you mean Mechanical Engineering or Masters in Engineering.

As legal professionals we will not be able to comment on your daughters employability in the UK and I would advise her to contact specialist recruitment consultants to information in this regard.However, if your daughter is being offered a job in the UK, we may be able to assit her with her visa matters.
You may also consider the following option.
On completion of a postgraduate course from a UK educational institute it is possible to get 2 years post study work visa during which your daughter will be allowed to work fulltime or start in business .

 
 
   
       
Q:
How long a PR person can continuously stay outside uk. ... Second question- how many months I can be away (continuously) from the UK during my 5-year PR period, my PR is valid until Aug 2014 and my spouse lives in the UK however as Iam being offered a jo abraod would lie to clarify my situation regarding my status.

Looking forward for a favorable reply.
Mr. Aruna Nagahawatte, U.K.		  
 
   
 
A:

Thanks for your query.

There is no straight forward answer to both your questions.

1. As a general rule it ican be said that you should not be continuously away from the UK for more than 2 years whilst on PR. However there are discretionary powers associated with this and it depends very much on the circumstances of inddividual cases.

2.During your visa validity period you may stay outside the UK for any period. However you may have to answer the queries of immigration officers satisfactorily on re entry and they may grant or refuse entry based on their assessment of your situation.

 
 
   
       
Q:
Hi
My name is manoj. I got a tier1 visa in feb 2009. The visa is valid for 3 years ie till 2012. I want to know is ther any time limit to enter UK. Some says thers is a limit of 3 monts ie after getting visa within 3 months we should enter UK? is this true?
Mr. Manoj, India		  
 
   
 
A:

Thanks for your Query,

TIER 1 VISA AND ENTERING UK WITHIN 3 MONTHS

There is no indication of a 3 month period for first entry in operation that I am aware of.

However, if there is substantial delay between the date of stamping your visa and the date of travel to UK you might face questions at the port of entry and you may have to satisfy the immigration officer before they grant you entry. The reason for this is due to the fact that as the gap is more, it is highly likely that there are changes to your personal circumstances and they need to ascertain this before granting you entry.

As a general rule your tier 1 visa is valid throughout the period of its validity and you may travel at any time provided you have genuine reasons for delay in travelling to UK after the issue of your visa.



  
 
   
       
Q:
I am working UK on Work Permit for the past two years. My company asks me to move to another country for 3 or 4 month period on an assigment. If agreed to take up this assigment, will it affect my PR status ? that is will it disqualify me to become a UK citizen due to stay outside UK more than 90 days. Do I have start my qualifying period once again. Or just the year on which I am away for more than 90 days will be neglected for qualification?
Mr. Rishon, India		  
 
   
 
A:

Thanks for your Query,

OVERSEAS ASSIGNMENT & PERMANENT RESIDENCY

There is a rule that you should not be outside the UK for more than 3 months at a time and not more than 6 months in total.
However there are discretionary powers and situations when they do not consider the absence in deciding your case. These powers are exercised in accordance with the UKBA guidelines and strictly based on the reasons for absence.

In your case it is highly likely that the absence will not be an issue in regard to your PR if:

1. You are not in breach of your Work Permit conditions

2. Your assignment abroad is incidental to your work with your current employer and not in violation of the terms of the employment.

  
 
   
       
Q:
Iam 8 year experienced general nurse now working in Kuwit. How can I get work permit to England.
Mrs. Seena Benadict, India		  
 
   
 
A:


NURSES TO UK

Thanks for your query.

Overseas qualified nurses cannot practise in the UK without being on the Nursing And Midwifery Council's(NMC) register.

You need to contact the NMC with regard to qualifying as a registered nurse in the UK.

Once you are qualified as a Registered Nurse in the UK, the following applies:

It is possible for you apply for a visa under Tier 2 (general) category to come back to the UK to work as a Registered Nurse.
The first step is to find a suitable employer who can offer you a job and issue a certificate of sponsorship. Second step is to apply for a visa under the Tier-2 General category at a nearest British visa application centre in your country. In order to get the visa you will have to score sufficient points based on your qualification, salary offered by employer, whether the job is listed in the shortage occupation list in the UK, English language, money available to you at the time of your visa application etc.
Please be noted that only certain categories of specialist nurses are currently on the shortage occupation list and if you are offered a job that is in the list, you will get 50 points for that. If the job is not in the shortage list then your employer will have to do a resident labour market test by advertising the job in the UK before he can employ you and you will get 30 points for that.
Please follow the links to check whether you will score enough points under the points based system before you make your application and the latest shortage occupation list.
http://www.ukba.homeoffice.gov.uk/pointscalculator
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist


  
 
   
       
Q:
i have 5 years work permit in uk right now i spend 3 years and half . what about if my employer finish my contract and do ihave any chance to stay in uk
Mr. ali, egypt		  
 
   
 
A:

WORK PERMIT CANCELLATION




Thanks for your query.

Your employer may at any time cancel your contract and if he does so, is under a duty to inform the UKBA of Notification of Premature Ending of the Employment (NPEE).

Your visa/ Entry clearance is for the purpose of taking up a work permit employment and if you are no more in that employment, you are in breach of that condition.



However it is possible for you to find another employment for which an employer is willing to and is able to get a Certificate of Sponsorship for you (Certificate of Sponsorship is the equivalent document that replaces Work Permits after the introduction of New Points Based System for Immigration in the UK)

Only the employers who are in possession of a sponsorship licence will be able to offer you a Certificate of sponsorship (COS) and you may apply for further leave to remain in the UK based on the COS and subject to meeting the required points under the Tier 2(general) rules.



As the topic is vast and is not fully possible to discuss in detail here I would advise you to contact us or any other qualified solicitors to get advice on TIER 2 visa.

  
 
   
       
Q:
I am doing NVQ level 4 in health and social care. My visa will expired in the month of may 2010. I need to get a work permit to work as a care assistant in a nursing home. But if I am dealing it through an agency I have to spend around £3000. Is there any other way to get a work permitt without spending this much big amound of money? And, when I supposed to apply for that?
Ms. Neethu Sebastian, India		  
 
   
 
A:

Thanks for your Query,

NO MORE NEW WORK PERMITS

Work Permit arrangements have been discontinued by UK Border agency and no one will be able to offer you a work permit to work in the UK.

The alternate arrangement for Work Permits is known as Tier 2 visa.

In order to work in the care sector you should be looking for a sponsor to offer you a Certificate of Sponsorship (COS) under Tier 2 (General) category. Employers who are currently on the UK Border Agency's Register of Sponsors will only be able to offer you a COS. A COS will cost your employer £170.

Once in receipt of a COS you are required to apply for Further Leave to Remain in the UK under Tier 2 General category. A postal application will cost you £465 and a personal application, £ 665. If you require the services of an Immigration Solicitor to process your visa application you will be incurring professional fees on top of it.

  
 
   
       
Q:
Hello Team,

I am design engineer located in working for Whirlpool corporation desiging products being sold in North America.

I wish to work in Engineering/Technology industry in UK. I dont posses a work permit at this point of time. But, if my offer interests me to do it, i will do that. All i ask is to give me a guidance in getting a good job in uk, how much is the chance that i would get a job with visa sponsorship, or if i come there with proper visa, can i find a job in shorter time??
Mr. Mohamed Rikas, India		  
 
   
 
A:

Thanks for your Query,


In order to find out about your chances of getting a job offer from the UK kindly get in touch with recruitment companies operating in the region.

Work Permit arrangements have been discontinued by the UK Home Office and the new Points Based System (PBS)has been introduced. Without knowing more information from your side I willnot be able to see if you will score enough points under the PBS to qualify for various categories of UK visa.

If you feel that you will be able to get a job after coming to UK it would be a better option to see if you qualify to apply under TIER 1 visa for which the minimum requirement is Post Graduation. I would advise you to seek the services from a UK Immigration Lawyer.

  
 
   
       
Q:
Sir

I got PR on 31st December 2008. As per the new rule when am I eligible to apply for the citiezenship

Thanking you

Tommy
Mr. Tommy Mohan, UK		  
 
   
 
A:


Thanks for your query,

You will be eligible to apply for British Citizenship on completion of one year in the UK from the date of Permanent Residency.

However you should not be absent from UK for more than 90 days during the qualifying 12 months period after your PR.

The new rules will not be implemented until 2011

  
 
   
       
Q:
in 2002married in uk the got visa 2003 and 2005 seperated.please see the matter .indefinet visa got in 2004.total days last year exit 2 months and my total time 550 days. can i apply now for citizenship now,its possible .
Mr. tas, england		  
 
   
 
A:

Thanks for your Query.

BRITISH CITIZENSHIP

If you are applying for naturalization based on 6 year residency rule then the following applies:

Total stay outside UK throughout the 5 year period should not exceed 450 Days.