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Immigrationboards.com: Immigration, work visa and work permit discussion board

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Frequently Asked Questions - Read This Before Posting

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Frequently Asked Questions - Read This Before Posting

Post by Kayalami » Sun Jun 06, 2004 7:59 pm

Dear visitors of the Immigrationboards.com :

Answering numerous questions regarding living and working in the UK we find many of them unnecessarily repetitive. Generally, we expect the Board visitors to browse through existing topics and see if the information is already available. At the same time, we recognize that the wealth of information contained in the many topics may be too difficult to quickly sift through, especially if one has a truly urgent question. We hope establishing a FAQ topic will help all of us.

:idea: Please read through this FAQ topic before posting your question, and you may save yourself some time.

Best of luck with your endeavours!
The Moderators

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:arrow: This is a live document, which will be updated continually: we thought to post it right away and grow from here, as opposed to taking the indefinite time to put it together and shape it up. You may want to check it periodically, and keep in mind that the "Last Post" date/time stamp on the main page doesn't reflect the updates of the same post, so it's best to simply take a look at the FAQ list itself.
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1. I intend to apply for ILR in person at Croydon (or other Public Enquiry Office) and was wondering when is the earliest I can do this?

The earliest you can make an 'in person' application for ILR is 28 days before completing the relevant period of time required for the immigration category you are in e.g 4 years on a Work Permit/HSMP visa and 2 years on a settled spouse/ unmarried partner visa. Note that 'in person' applications are only suitable where your case is straightforward so excludes applications under the long residence rules, EU law and where there are any discretionary issues you have requested the Home Office to consider.

Do note that all the PEOs now operate an appointments only policy. Do not just turn up without an appointment.

2. I am a visa national currently in the UK on a Work Permit and my spouse is visiting me. Can we apply for her dependent visa in the UK or must she return to our home country?

The immigration rules require dependants to apply for their visa at an overseas British Diplomatic Post irrespective of the applicant being a 'visa' or 'non visa' national. An 'in country' application for dependent status will be considered on a discretionary basis by the Home Office with no guarantee of approval. Success is more likely where the parties can demonstrate adequate ability to maintain and accommodate without recourse to public funds. Note that the validity of a dependent visa is subject to the subsistence of your relationship and the principal applicant remaining in status.

3. My wife has been granted a student visa with me as her dependent. Will I be able to work in the UK without needing a work permit?

If your spouse is given a student visa of 12 or more months duration then your dependent visa would normally allow you to work in the UK without requiring a work permit unless stated to the contrary. You may work in any field subject to meeting the relevant criteria e.g. if intending to work as a doctor then registration with the General Medical Council. The same benefit of 'open employment' applies to the dependants of those granted any other long term category visa e.g. HSMP, Work Permit Holder etc.

4. I will soon be travelling outside the UK but my valid visa is on my expired passport. Will the Immigration Officer at Heathrow transfer my visa to my new passport?

Immigration Officers at a Port of Entry no longer transfer visas/ leave to remain (be it limited or indefinite) from expired to new passports. You will be admitted into the UK on the basis of your valid visa/ LTR and advised to apply to the Home Office for the relevant leave to be endorsed on the new passport. The transfer of Indefinite Leave To Remain (ILR) requires the submission of a prescribed form - Form NTL and accompanying fee under the Nationality, Asylum and Immigration Act 2002. An in person application is GBP 500 while a postal application is GBP 160. The transfer of Limited Leave To Remain requires the submission of a prescribed form - Form TOC. Again an in person application is GBP 500 while a postal application is GBP 160.

5. I frequently see these various abbreviations used on this Board, e.g. HO, IND, EC... What are they referring to?

Most of these abbreviations are standardized by now, so we feel it's safe to use them without any footnotes or explanations in the post. If you happen not to know, the 3 above stand for the Home Office, which is in charge of various internal affairs, including immigration, handled by its Immigration & Nationality Directorate. Unless the person applying for an immigrant status is already in the UK and eligible to switch status in the country, one needs to apply for Entry Clearance from a British diplomatic post in their country of nationality or long-term legal residence. Further information on EC is available from UK Visas.

Last updated: 23 October 2005

Footnote:
Recently moderators have been receiving an excessive number of private messages, many of them with absolutely generic questions. Please do not misuse the Private Message feature of this Board: i) moderators are not paid employees engaged in private consultations, we are volunteers contributing to the wealth of public information available on this Board; ii) this Board is specifically hosted to facilitate accumulation and exchange of publicly available information for everyone's benefit, and this is best achieved by bringing all questions and discussions into the open; iii) please do use private messaging in order to communicate your personal details or circumstances relevant to the publicly posted question, especially if those details are asked for. Thanks for your cooperation.

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