To apply and qualify for a UK Visa a person has to provide evidence in a very specific way. These evidential requirement rules can sometimes be a bit of a nightmare.
There are however also some UK visa rules that are surprisingly advantageous.
5 surprising UK Visa Rules
1. It is possible to apply for a second Ancestral UK Visa.
In cases where you had an Ancestral Visa and returned to your home country for whatever reason, without having completed your route to Indefinite Leave to Remain, and the visa has expired, it is possible to re-apply for a further UK Ancestral Visa. In these circumstances, you would have to apply from your home country. The time you have completed in the UK, will not count towards your qualifying time for Indefinite Leave to Remain.
In cases where you are still in the UK holding your UK Ancestral Visa but have not satisfied all the rules for Indefinite Leave to Remain, it is possible to apply for an extension on your visa from within the UK.
2. Dependents can in some cases acquire Indefinite Leave to Remain after only spending a short time in the UK!
If you join certain work-based migrants (non-Points based migrants) such as the UK Ancestry or Sole Representative migrants, in the UK as their dependent partner or spouse, prior to them obtaining Indefinite Leave to Remain, then the dependent can obtain Indefinite Leave to Remain together with the main applicant. This is regardless of how long the dependents themselves have held and resided in the UK on their dependent visa.
3. It is possible under certain circumstances to switch to a Tier 2 permit from a Tier 4 Student Visa.
Once a student has completed his/her studies it can be possible to switch to the Tier 2 (General) category. One can switch from within the United Kingdom. This will put the applicant on an immigration route which would lead to Indefinite Leave to Remain (ILR) in the UK.
The UK employer who wants to sponsor the migrant will also enjoy some benefits. There are no requirements in terms of the Resident Labour Market Test!
Contact Breytenbachs for more information on the requirements.
4. An extended non-EU family member of an EU national can accompany the EU national to the UK on the EEA Family Permit.
An extended family member can include, for example, an unmarried partner who has been in a durable relationship with the EU national (and has, in general, lived with him/her for at least 2 years), a brother, sister, aunt, uncle, cousin or niece.
Except for the unmarried partners, all other extended family members have to prove to be or have been dependent on the EU citizen or to be or have been a member of their household.
Extended family members have to apply for an EU Family Permit or EU Residence Card. This will allow them to reside legally in the UK.
5. The UK immigration rules under certain circumstances, make provision for unfortunate cases where domestic violence takes place.
The non-EU national victim does not need to stay in the relationship, in order to stay in the UK. He/she does not need to wait until their current leave in the UK is due to expire before applying. We recommended that the victim applies as early as possible. This way the UK Home Office can deal with recent and up to date evidence.
It is important to note, that one has to submit the application from within the UK.
Please contact us as soon as possible if you are in the UK as a dependent, and the victim of domestic violence.
The UK Visa rules are sometimes daunting. However, it also offers some exciting opportunities for persons who want to live and work in the UK! If you are interested to learn more about the above UK visa rules, please feel free to contact Breytenbachs at www.bic-immigration.com
