Business Immigration in the United Kingdom

 

The Tier 1 (Entrepreneur) visa has been split into two (2) new business visa categories (as of March 29th, 2019): I Start-up Visa and (ii) Innovative Visa. New applicants are no longer able to apply for an entrepreneur visa with a GBP200,000/- investment and must instead meet one of the two new criteria to be considered for a business working visa in the UK. The following are the specifics of these two new categories:

 

 Entrepreneurial Visa

 

This visa is a more comprehensive version of the Graduate Entrepreneur Visa, and it is the first of two Tier 1 replacements (Entrepreneur Visa). It is for applicants who are beginning a new business in the UK for the first time and whose venture is both innovative and viable. The applicants will not be required to be graduates, and they will not be required to secure any funding in the United Kingdom. They must, however, meet the English Language requirement, which has been raised from Level B1 (of the Tier 1 Entrepreneur Visa) to Level B2. This visa will allow the applicant to enter the UK with his or her dependent family for a period of two years, during which time the applicant will be able to launch his or her intended business in the UK. After the initial two years, the applicant can apply for a further stay in the UK under the Innovative Visa, which is the second successor for the Tier 1 (Entrepreneur) visa.

 

(ii) Visa for Innovators

 

This visa is for experienced businesspeople who have successfully executed their projected business in the UK while working on a Start Up Visa. In this category, the applicant must invest at least GBP50,000 from any valid source, which is less than the previous criterion of Tier 1 (Entrepreneur) Visa, which needed a minimum investment of GBP200,000/-. After spending at least three years in the UK on this visa, the person may apply for Settlement.

 

Both of the aforementioned categories would require approval from an authorised body designated by the Home Office. The endorsement will be the first and most important criteria of this visa, and it will be based on the applicant’s business plan’s innovativeness, viability, and scalability. In other words, the applicant’s business plan will be the most important success factor in both of the above visa applications.

 

 

TIER 4 STUDENT ADULT VISA UK

 

The Tier 4 Student (Adult) visa is for students who want to study full-time at a UK university after they finish high school. The Tier 4 Student (Adult) visa is versatile, allowing students to enrol in both short and long-term courses lasting at least six months.

 

Students must receive a confirmed offer of enrolment from a licensed education provider (sponsor), be able to maintain and accommodate themselves (or be maintained and accommodated by a host) while studying, and demonstrate that they can pay their course costs to qualify.

STUDENT (ADULT) VISA BASIC REQUIREMENTS FOR TIER 4

 

To apply for a Student visa under the Tier 4 (Adult) category, the UK Border Agency has established specified standards that all candidates must meet.

 

Applicants must demonstrate that they have been admitted into a recognized programme of study at a UK institution that has been approved by the UK Border Agency. Applicants must also show that they have adequate funds (maintenance) to support themselves while in the UK without working, with the exception of part-time and vacation work, which is authorized for adult students.

 

STUDENT (ADULT) VISA ENTITLEMENTS ON TIER 4

 

A visa will be awarded to successful candidates based on the length of their initial term of study.

 

The Tier 4 (Adult) Student visa allows students to build an educational foundation in the UK while also allowing them to work up to 20 hours per week during term time. Holders of a Tier 4 Student (Adult) visa are allowed to work full-time during holiday times without obtaining further approval from the UK Border Agency.

 

Graduate students may be able to move to a working visa category that will allow them to settle in the UK in some cases.

 

 

Tier 4 Student (Child) Visa

The Tier 4 Student (Child) visa is for children between the ages of 4 and 17 who want to study full-time at a UK educational institution. The Tier 4 (Child) Student visa is versatile, allowing students to enroll in courses lasting at least six months.

 

Applicants must be between the ages of 4 and 15 years old and wish to attend a UK independent, fee-paying school. Students must have a confirmed offer of registration from a licensed education provider (sponsor), be able to support and accommodate themselves (or be supported and accommodated by a host), and be able to pay their course fees.

 

 

STUDENT (CHILD) VISA BASIC REQUIREMENTS FOR TIER 4

 

To apply for a Student visa under the Tier 4 (Child) category, the UK Border Agency has established specified conditions that all candidates must meet.

 

Applicants must demonstrate that they have been admitted into a recognised programme of study at a UK institution that has been approved by the UK Border Agency. Applicants must also demonstrate that they have sufficient funds (maintenance) to maintain themselves while in the United Kingdom. A parent or guardian’s written consent is required for a Tier 4 Student (Child) applicant’s travel, reception, and care arrangements while in the UK.

 

STUDENT (CHILD) VISA ENTITLEMENTS ON TIER 4

 

A visa will be awarded to successful candidates based on the length of their initial term of study.

 

The Tier 4 (Child) Student visa allows students to build an educational foundation in the United Kingdom.

 

SPOUSE/CIVIL PARTNER VISA

 

The Spouse/Civil Partner visa is first granted for a two-year probationary term and can lead to ILR and British nationality.

 

If, on the other hand, the couple has been married or in a civil partnership for at least four (4) years previous to filing the application, ILR can be applied for right away.

 

Applicants for a Spouse/Civil Partner visa must demonstrate that they are legally married to, or in a Civil Partnership with, a partner who is a UK national or permanent resident at the time of submitting the visa application. This individual must be their true spouse or partner, and the couple must intend to live together in the United Kingdom.

 

BASIC REQUIREMENTS FOR A SPOUSE / CIVIL PARTNER VISA

 

Applicants must meet the fundamental requirements laid out by the UK Immigration Authorities in order to receive a Spouse/Civil Partner visa. The main requirements are the same whether the application is filed in the UK or overseas, or if the applicants are requesting for an extension (if appropriate).

 

Basic requirements must be satisfied in order to qualify for an Entry Clearance or Further Leave to Remain application as a Spouse/Civil Partner for a two-year probationary period. Both parties must be at least 21 years old, have met and married legally OR have registered a civil partnership.

 

Applicants will also have to demonstrate that their relationship is real and ongoing.

 

ENTITLEMENTS FOR SPOUSE / CIVIL PARTNER VISA

 

The Spouse/Civil Partner visa is initially given for a term of two (2) years on probation. Visa holders enjoy unrestricted authority to work or study in the UK, as well as the ability to enter and exit the country without restriction throughout this time.

 

Visa holders may be eligible to apply for Indefinite Leave to Remain after completing the two-year probationary period (ILR). Holders of ILR in this category can apply for UK citizenship after three (3) years of legal residence in the UK with their spouse/civil partner.

 

FIANCE PROSPECTIVE CIVIL PARTNER VISA

The Fianc(e) /Prospective Civil Partner visa allows a couple to enter the United Kingdom for a six-month term in order to marry or register their civil relationship.

 

A Fianc(e)/Prospective Civil Partner visa applicant must intend to marry or register with a partner who is a UK national citizen or permanent resident. Applicants will have to show proof of their intent to marry or register with their partner.

 

Applicants will be needed to apply for the Spouse/Civil Partner visa after their marriage or registration. This visa is for a two-year trial term, after which the applicant may be granted Indefinite Leave to Remain if all requirements are met and they continue to live together (ILR).

BASIC REQUIREMENTS FOR A FIANCE VISA

 

Applicants must meet the fundamental requirements set out by UK Immigration Authorities in order to get a Fianc(e)/Prospective Civil Partner visa. The requirements are the same whether the application is made in the UK (extension application) or overseas (original application).

 

There are several basic prerequisites that must be satisfied in order to qualify for an Entry Clearance application as a Fianc(e)/Prospective Civil Partner. Both parties must be at least 21 years old, have met, and wish to marry OR register their civil partnership.

 

Note: A Fianc(e)/Prospective Civil Partner visa allows you to stay in the country for six (6) months from the date it is granted. Within the six (6) month validity period of the visa, visa holders must marry/register with their prospective spouse/partner. Visa holders will be entitled to apply for the Spouse/Civil Partner visa following their marriage or civil registration.

 

ENTITLEMENTS FOR FIANCE VISA

 

A visa will be issued to successful applicants for a period of six (6) months. Within this time frame, they must enter the UK and marry or register their civil partnership. After the ceremony, they can apply to have their leave in the UK changed to that of a spouse or civil partner.

 

Please note that during this initial time of leave, visa holders are not permitted to work in the United Kingdom.

 

Unmarried Partner Visa

 

The Unmarried Partner visa gives de-facto couples and same-sex couples the same privileges and rights as married couples or those who have registered their civil partnership. This visa allows for a two-year probationary term, after which you can apply for Indefinite Leave to Remain (ILR) and British nationality.

 

To be eligible for the Unmarried Partner visa, a couple must have lived together for at least two years before applying for the two-year probationary visa. However, if the couple has been living together for four years or more immediately before to filing the application, ILR can be applied for right away.

 

Their true partner must be a UK citizen or permanent resident, and the couple must want to live together indefinitely.

 

This visa is for same-sex partners of British citizens or permanent residents who do not intend to marry or cannot marry.

 

BASIC REQUIREMENTS FOR AN UNMARRIED PARTNER VISA

 

There are some basic requirements to meet in order to be eligible for an Entry Clearance or Further Leave to Remain application as an Unmarried Partner for a two-year probationary term. Both parties must be over the age of 21 and have lived together for at least two (2) years.

 

Applicants must meet the fundamental requirements set out by the UK Immigration Authorities in order to get a family visa. The conditions are the same whether the application is filed in the UK, abroad, or for an extension (where appropriate).

 

Applicants will also have to demonstrate that their relationship is real and ongoing.

 

VISA ENTITLEMENTS FOR UNMARRIED PARTNERS

 

For the first two (2) years, the Unmarried Partner visa is provided on a trial basis. Visa holders enjoy unrestricted authority to work or study in the UK, as well as the ability to enter and exit the country without restriction throughout this time.

 

Visa holders may be eligible to apply for Indefinite Leave to Remain after completing the two-year probationary period (ILR). After holding ILR for one (1) year and staying legally in the UK with their spouse/civil partner for three (3) years, holders of ILR under the Unmarried Partner visa category can apply for UK nationality.

 

EEA CITIZEN FAMILY VISA

 

Because the United Kingdom is a member of the European Economic Area (EEA), it allows free movement between its member states’ citizens. A dependant Child, Fianc(e), Grandchild, Great Grandchild, Grandparent, Great Grandparent, Parent, or Unmarried partner can be sponsored by an EEA national who resides in the UK, or plans to reside in the UK, and is economically active.

 

Non-EEA nationals whose family members are exercising their Treaty Rights in the United Kingdom may be eligible for a five-year residency family permit. This gives the applicant complete freedom to live, work, and study in the United Kingdom.

 

In the end, the applicant may be eligible for Indefinite Leave to Remain (ILR) and British Nationality.

BASIC REQUIREMENTS FOR EEA FAMILY VISA

 

Applicants must meet the fundamental requirements laid out by the UK Immigration Authorities in order to receive an EEA Citizen Family visa.

 

There are several basic requirements that must be met in order to qualify for an EEA Citizen Family visa. Both parties must be at least 18 years old and in a real relationship in the case of spouses/partners. Other family members must be financially reliant on the applicant’s EEA relative.

 

FAMILY VISA ENTITLEMENTS IN THE EEA

 

The EEA Family visa’s validity duration will vary depending on the facts provided to demonstrate how long the EEA family member will be exercising their Treaty Rights in the UK. The maximum period of time allowed is five (5) years. During this time, visa holders are allowed to work and study in the UK without limitation.

 

After five years in the UK and meeting the appropriate requirements, visa holders may be eligible to apply for Indefinite Leave to Remain (ILR).  Individuals with ILR are granted permanent residency in the UK as well as visa-free travel to and from the country. ILR holders may be able to sponsor non-British relatives to come to the UK and may be eligible to seek for British citizenship in the future.

 

 

CERTIFICATE OF APPROVAL

Individuals who are neither British citizens or citizens of another EEA countries, or who do not have permanent permission to live in the United Kingdom, must obtain permission from the Home Office before marrying or entering into a civil partnership in the United Kingdom.

 

You do not need to apply for a Certificate of Approval if you want to marry in the Church of England.

BASIC REQUIREMENTS FOR A CERTIFICATE OF APPROVAL

 

To apply for a Certificate of Approval, applicants must have been granted permission to stay in the UK for more than six (6) months and have three months remaining on their visa. In rare situations, applicants with insufficient leave to remain in the UK may still apply if they can demonstrate that the intended marriage or civil partnership is genuine.

 

APPROVAL CERTIFICATE ENTITLEMENTS

 

If the certificate of approval application is approved, visa holders will be able to marry or enter a civil partnership in the United Kingdom. From the date of issuance, the certificate is valid for three (3) months. Within this time frame, holders must give notice of their intention to marry or register their civil partnership. The certificate permits holders to give notice of their intention to marry or register a civil partnership, but it does not ensure them the right to stay as a spouse or civil partner.

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