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Immigration Advisers

OISC Qualified Immigration Advisers

  • RE: Main Applicant ILR-PBS Dependant Visa Renewal visa type

    Dear @LiyaSathish

    If you and your baby are not eligible to apply for ILR and must extend your current visas, you will remain in the same category. That is, you will apply to extend as PBS dependants even though your wife has gained ILR as long as her ILR was gained through completing 5 years as a Tier 2 General migrant.

    If your wife gained her ILR through the 10 year Long Residency route, you would be required to switch to a spouse visa and your baby as a dependant child under Appendix FM of the Immigration Rules.

    posted in Tier 2 working visas
  • RE: Application acknowledgment email or letter

    Dear @Matt

    If you applied in the UK then the online form will show as submitted and you should have received an email payment receipt with a reference number. No letters are sent in the post as proof of submission now that applications are processed online.

    The next letter you will receive should be an decision letter. You will also receive a brief email confirming your application has been approved.

    I hope that answers your question.

    posted in UK Settlement

    Dear @medusa1972

    Your husband will not have to leave the UK if you get divorced. His ILR will remain valid and is proof of his right to live in the UK. It does not matter that he did not apply for British Citizenship.

    posted in Family Visas
  • RE: Visa Curtailment - Change of Course

    Dear @jen

    Although your previous university reported that you left the course back in October, it is possible that a curtailment notice was never issued. You could make a Subject Access Request to the Home Office to see if there is a notice on file, or an open case which would be dealing with the curtailment.

    It is our understanding that you shouldn't need to provide a curtailment notice and can make your next application as planned with your new CAS. Perhaps you could show your new university proof of travel out of the UK to show you left as stated.

    posted in Tier 4 student visas
  • RE: Extension to spouse visa - FLR (M) form questions

    Dear @Britishmum

    You need to answer all questions truthfully based on your situation. In particular, to the questions which ask whether your husband could establish a life in China if necessary. It is worth noting that you must include any relevant information about this as if the application were refused and you wanted to appeal, you can only use arguments already set out in the application.

    I briefly answer your questions:

    1. This is okay.
    2. The application would not be rejected on this basis but see my notes above re refusal and an appeal.
    3. You must state that he did not enter legally as you would have on his previous application.
    4. It is asking whether he has family and friends in China, as this is where he would return to as per question 1.
    5. If they are not shared responsibilities you can answer no. If he does contribute to any bills, you can list them.
    6. This is asking if he has held any other nationality other than Chinese nationality. You do not need to list China again.

    I hope that helps.

    posted in Family Visas
  • RE: Tier 2 General to ILR ---- Employer letters


    You are eligible to apply 28 days prior to the date on which your entry clearance was granted (04/05/15). The time you spent outside the UK before entering can be counted towards your allowable absences.

    Your passport shows when you were granted your visa and when you entered the UK.

    posted in UK Settlement
  • RE: Jamaican spouse


    Your husband must make the application from Jamaica -

    Requirements to consider are the financial requirement, where you must be earning a salary of at least £18,600 per annum (pre tax). Or if you are meeting by other means such as cash savings.

    You must also have strong evidence that your relationship is genuine.

    Jamaica is a majority English speaking country so he doesn't need to worry about taking an English test.

    posted in Family Visas
  • RE: Spouse Visa - Part 2 Consent Form


    It's just a typo. You will find many within Home Office documentation.

    posted in Family Visas
  • RE: Calculation of ILR period


    Your visa will only be granted for 3 years, not 5. I would advise you to contact the Home Office - if they aren't any help then if you pay the full amount you should receive an automatic refund for the overpayment.

    posted in UK Citizenship
  • RE: Is our Spouse visa app process right?


    Appendix FM states:

    **Section EC-P: Entry clearance as a partner

    EC-P.1.1. The requirements to be met for entry clearance as a partner are that-

    (a) the applicant must be outside the UK;**

    The only way to prove that a person is outside the UK at the time of submitting an application is that they submit the application from outside the UK.

    posted in Family Visas