United Kingdom Visa
United Kingdom which is also known as Great Britain has been the most sought out European Country for Immigration.
Indians have considered U.K as their second home, thanks to the flexible Immigration Laws and high standards of living, for decades many Indians have immigrated to the United Kingdom to start a new life.
U.K. allows people from across the world to live and work under different sub-class visas (formerly known as HSMP Visa) and various other category Visa’s based on applicant’s eligibility and skills. The points-based Scheme used to be the most preferred visa type for Highly skilled professionals and educated Indians to make their mark in UK and work and settle in there.
Skilled Immigration In U.K
The U.K Highly Skilled Migrant Program (HSMP) has been very successful since its introduction. HSMP or Tier-1 Visa to UK is a points-based immigration scheme. You need to score 80 points or more and meet the English language requirement in order to qualify as a highly skilled migrant.
Points are scored in four main areas:
Qualifications
Past Earnings
Age Assessment
UK Experience
An English Skills Assessment called IELTS is a mandatory part of the Immigration process.
The HSMP program is designed to allow highly skilled people to migrate to U.K to look for work or self-employment opportunities and it is different from the work permit arrangements because you do not need a specific job offer in the UK to apply. It is also different from business routes such as the Innovators scheme because you do not need a detailed business plan or create new jobs.
The Highly Skilled Migrant Program (HSMP) application can be made from within the country of your residence or you can also apply from inside the UK if you are in UK with Home Office permission. Individuals already in the UK may apply to switch into HSMP without leaving the country provided they have leave as a:
Work permit holder or Student who has successfully obtained a degree level qualification on a recognized degree course at either a UK publicly funded further or higher education institution or a bona fide UK private education institution which maintains satisfactory records of enrolment and attendance; or
Postgraduate doctor or a postgraduate dentist or trainee general practitioner; or
Working holidaymaker or International Graduates Scheme participant.
Family Immigration In U.K
UK Spouse Visa is a type of U.K Visa which can be filed only by the applicants who are married/committed to or in a relationship with a British Citizen or a settled person on PR visa. UK Spouse visas are sometimes mentioned as U.K Spousal Visa, U.K marriage Visa (as these terms are related to the word marriage) and at times even U.K wife visa or U.K husband.
A non- EEA (Economic European area) national can register for a spouse settlement visa to unite with their partner who is already a British Citizen or settled person. This is a settlement visa and the initial entry clearance takes around 33 months.
The applicant must be a non-EU/EEA national who is married to a British citizen or person settled in the UK on PR visa. The sponsor must be British citizen or individual who has attained indefinite leave to remain (ILR) and wants to invite their spouse as well to the UK.
Please Note: UK Spouse Visa, UK Same-sex Partner Visa, UK Unmarried Partner Visa, UK Civil Partner Visa have the same eligibility criteria with regards to the English language requirement, financial requirements and accommodation standards.
Eligibility Criteria for U.K Spouse Visa
In order to obtain the UK Spouse Visa, the applicant is bound to fulfil the UK Spouse Visa requirements laid down by the UK immigration laws. These requirements state that the applicant and the sponsor must both:
Hould be at least 18 years old or above.
Not be related to each other in a way that would be prohibited for marriage according to the UK Law; have met in person;
To be in a legitimate and subsisting relationship;
To be in a legal marriage in accordance with the UK law.
Should meet the compatibility requirements;
The sponsor can be either:
(1) a British citizen or
(2) a settled person in the UK (they must have the ‘Indefinite Leave to Remain’ or proof of permanent residency or
(3) a refugee status holder or under humanitarian protection in the UK.
UK Spouse Visa Requirements Further Entail That the Sponsor:
Meet the gross annual income threshold of at least £18,600 or alternatively provide evidence for savings of £62,500.
Provide adequate accommodation in accordance with the UK housing space standards.
Have medically fit and taken a Tuberculosis (TB) test.
Not have any conflicting immigration history (overstaying, breaching law conditions, illegal entry, using misleading information in an application).
Be eligible to fulfil all the mandatory requirements stated by the UK law of immigration and not fall under any general grounds of refusal.
Meet the English language proficiency level.
Both applicant and sponsor are necessary to prove that they:
(1) Are in a valid and subsisting relationship; OR
(2) have been in a committed relationship and living together for at least 2 years at the time of application.
Children & Adopted Children UK Immigration
Children and adopted children of the UK citizens are allowed to enter to the United Kingdom and live with their parents after approval from the Immigration department.
For the purposes of adoption, a de facto adoption shall be regarded as having taken place if:
(a) at the time immediately preceding the making of the application for entry clearance under these Rules the adoptive parent or parents have been living abroad (in applications involving two parents both must have lived abroad together) for
at least a period of time equal to the first period mentioned in sub-paragraph(b)(i) and must have cared for the child for at least a period of time equal to the second period material in that sub-paragraph; and (b) during their time abroad, the adoptive parent or parents have:
(i) lived together for a minimum period of 18 months, of which the 12 months immediately preceding the application for entry clearance must have been spent living together with the child; and
(ii) have assumed the role of the child’s parents, since the beginning of the 18-month period, so that there has been a genuine transfer of parental responsibility.
Parents & Grandparents UK Immigration
Following are the requirements to be met by a person who is seeking sponsorship to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person settled and present in the United Kingdom:
The person seeking sponsorship should be related to the person settled and present in the United Kingdom in any one of the following ways:
mother or grandmother who is a widow aged 65 years or over; or
father or grandfather who is a widower aged 65 years or over; or
parents or grandparents travelling together one of whom is at least of the age 65 or above; or
a parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but cannot look to the spouse, civil partner or children of that second relationship for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or civil partner or child of the second relationship who would be admissible as a dependant; or
parent or grandparent if under the age of 65 but who is living alone outside the United Kingdom in the ‘most exceptional compassionate circumstances’ and is mainly dependent financially on the person settled in the United Kingdom; ors
the son, daughter, sister, brother, uncle or aunt over the age of 18 who is living alone outside the United Kingdom in the ‘most exceptional compassionate circumstances’ and mainly dependent financially on the person settled in the United Kingdom.
Spouses and Civil Partners UK Immigration
A marriage or civil partnership may be polygamous although at its inception neither party had any other spouse or civil partner. Spouses or civil partners of persons present and settled in the United Kingdom are being permitted on the same occasion for settlement. It may take around 1 year before the petition is approved by the Home office.
The sponsoring partner must have adequate accommodation for both the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.
UK Work Visa
The UK is one of the World’s most prominent immigration destinations for people aspiring to live and work there.
There are various points-based work permit programs which evaluate applicants profile on the basis of various criteria designed to determine their eligibility for a UK work or study visa. Many of the work-related, as well as Tier 4 study visa applications, are now applied through this system.
Work Visa Categories (Points Based System)
Tier 1 Visa – Only for Highly-skilled Foreigners.
Tier 2 Visa – Requires Skilled Foreign Workers with the Job Offer (in Shortage Area).
Tier 3 Visa (never implemented) – Requires Low-skilled Workers (Temporary Job Offer in a Shortage Area).
Tier 4 Visa – For Foreign Students and Specialists.
Tier 5 Visa – Designed for Youth Mobility and Temporary Foreign Workers.
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