Tag: Tier 2

WHEN THE HOME OFFICE SHOULD EXERCISE DISCRETION

Applicants under the Points-based system

  • Tier 4 students,
  • Tier 2 and Tier 5 workers,
  • Tier 1 visa holders,

must strictly comply with all visa requirements and supply certain specified documents in support of their applications. It is clear in “stark terms” under paragraph 39B of the Immigration Rules that ‘if the necessary documents are not provided, an applicant will not meet the requirement for which those documents are required as evidence.’ As a result, an application will not be successful.

 

However, in case of exceptional circumstances the Home Office should exercise discretion. Moreover, since R (Behary & Ullah) v SSHD [2016] EWCA Civ 702, it has been good law that the Home Office is obliged to consider discretional grant [outside of the Rules] ‘when expressly asked to do so’. The categories of exceptional circumstances are not closed. In the guidance, examples are given of what could constitute such circumstances, but each case depends on its facts.

 

For example, discretional leave can be granted if educational provider has its licence withdrawn or revoked during the period between an application for extension of leave as a Tier 4 (General) Student and the Secretary of State’s decision on the application (see Patel (revocation of sponsor licence – fairness) India [2011] UKUT 00211 (IAC)).

 

However, the Home Office is quite strict in exercising discretion, especially, in case of Tier 1 (Entrepreneur) extensions. Recent cases of:

  • R (Prathipati) v SSHD (Discretion – Exceptional Circumstances) [2018] UKUT 427 (IAC);
  • R (Sajjad) v Secretary of State for the Home Department [2019] EWCA Civ 720;
  • Khajuria, R (on the application of) v The Secretary of State for the Home Department [2019] EWHC 1226 (Admin)
  • Asiweh v The Secretary of State for the Home Department [2019] EWCA Civ 13

are good examples.

 

Thus, it is crucial to seek an immigration advice if not before submitting an application straight after receiving refusal. Our experienced Lawyers can assess the merits of bringing a judicial review claim and provide the best Immigration solution in case a judicial review would be waste of your time and financial resources.

 

I cannot provide all the documents to support my visa application, what do I do?

 

Are you currently on student, work, entrepreneur or any other point-based system visa and looking to extend it?

Or are you looking to apply for the first time?

You must strictly comply with the document list to support your application. Usually, the Home Office is very strict on this while they are evaluating your case, and if you do not provide a required document, your application may be refused.

However, sometimes, in case of exceptional circumstances, the Home Office may exercise discretion, and consider a grant.

There are several categories described in the guidance of such exceptional circumstances. However, each case should be evaluated on an individual basis.

Moreover, the Home Office is quite strict in exercising discretion, especially in case of Tier 1 (Entrepreneur) extensions.

We strongly suggest to seek legal advice before submitting such an application.

We can assess your case and evaluate your chances of getting visa.

However, if you already received a refusal, we still can help. Our lawyers will assess the merits of taking your case to the judicial review claim stage. If we think judicial review will not be successful, we’ll provide you other immigration solution.

The case was successful due to efforts of our Immigration Lawyer Oksana Demyanchuk and her team.

oksana@sterling-law.co.uk

+44 020 7822 8535

+44 7 305 966 531

 

 

UK Work Visas Tier 2: Monthly distribution of sponsorship certificates – September 2018

For the second month in a row a minimum wage of £21,000 offered to non-EU qualified workers was sufficient for the British employers to obtain a certificate of sponsorship from the Home Office.

After the exclusion of doctors and nurses from the Tier 2 quotas in July 2018, the Home Office is now able to accept all requests from the British employers for the restricted sponsorship certificates.

Moreover, according to the latest decision of the Home Office on distribution of the sponsorship certificates, 512 certificates of sponsorship were not allocated and as a remaining balance were carried over to October 2018.

Total number of certificates of sponsorship granted in September – 1671.

The September allocation meeting took place on 11 September. All valid applications received by 5 September were successful if they scored at least 21 points (minimum salary threshold – £21,000).

The next monthly allocation meeting date is 11 October 2018.

If you have any questions regarding the employment and sponsorship of foreign employees in the UK, please contact us directly:

Natalia Varahash, Immigration Lawyer (OISC Level 2)

Email: nataliya@sterling-law.co.uk

Tel. +44 (0) 20 7822 8535

Mob. +44 (0) 73 0598 9936

 

Other updates:

Illegality of Employment Contracts

Employment Rights

Changes to the Immigration Rules 2018

UK Visa Fees 2018 

New Fees: British Passport Applications

Apostille and Document Certification in London

How to Apply for British Passport Online 

Case Studies & Successful Cases 

UK Immigration & Legal Assistance

For expert advice and assistance in relation to your particular immigration case and to enquire about the immigration and legal fees, please contact our immigration lawyers on Tel. +44(0) 20 7822 8599, Mobile / Viber: +44 (0) 74 6338 2838, or via our online appointment booking form.

Work Visas Tier 2: Monthly distribution of sponsorship certificates – August 2018

For the first time since last year, it was sufficient to offer a minimum wage of £ 21,000 to successfully obtain a sponsorship certificate for hiring qualified workers from abroad.

After the exclusion of doctors and nurses from the Tier 2 quotas in July 2018, the Home Office for the first time since 2017 was able to accept all requests from the British employers for the restricted sponsorship certificates.

According to the latest decision of the Home Office on distribution of the sponsorship certificates, the passing points dropped to the possible minimum level – 21.

Thus, as of the end of August 2018, the monthly quota of certificates in the amount of 2256 was distributed.

If you have any questions regarding the employment and sponsorship of foreign employees in the UK, please contact us directly:

Natalia Varahash, Immigration Lawyer (OISC Level 2)

Email: nataliya@sterling-law.co.uk

Tel. +44 (0) 20 7822 8535

Mob. +44 (0) 74 5338 2838

 

Other updates:

Illegality of Employment Contracts

Employment Rights

Changes to the Immigration Rules 2018

UK Visa Fees 2018 

New Fees: British Passport Applications

Apostille and Document Certification in London

How to Apply for British Passport Online 

Case Studies & Successful Cases 

UK Immigration & Legal Assistance

For expert advice and assistance in relation to your particular immigration case and to enquire about the immigration and legal fees, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, or via our online appointment booking form.

Home Office launched new online application system for Tier 2 migrants and PBS dependants

On 6 March 2018, the Home Office announced launch of a new online application system – Access UK which is now available to Tier 2 customers and PBS dependants.

The new service will enable workers and their partner or child to follow a more modern, intuitive and straight forward visa application process and, for the first time, they will apply to come to the UK using the same application system as those seeking to remain in the UK for work.

The benefits of Access UK include:

  • A shorter application form, with questions ordered based on customer feedback
  • Relevant questions based on a customer’s previous answers
  • The application fee displayed in the relevant currency
  • The ability to apply, book a Visa Application Centre (VAC) appointment, and pay for the relevant service standard seamlessly
  • The ability to review, edit and download a partially completed application at any point before submission
  • Availability on mobile devices

Tier 2 Applications

Visa4UK will remain available to customers for now, however, all Tier 2 visa customers and their dependants should now be encouraged to use Access UK to complete and submit their application. The Home Office will make a separate announcement before Visa4UK is turned off, but it is important that new applications are submitted through the new system now.

It must be noted that the main guidance page www.gov.uk/apply-uk-visa will continue to link to Visa4uk for a short period so it’s important that the direct links above are used. This will take applicants directly to Access UK.

Other applications

For the detailed information and FAQs on Access UK for visit visa, Short-term student, Tier 4 (Student), Tier 2 (WORK), Tier 5 (work) and Points Based System Dependants please click here.