IMMIGRATION

Understanding the Returning Resident Visa: Requirements, Eligibility, and Application Process

Returning Resident visa caters to those who previously had indefinite leave to remain in the United Kingdom (also known as “settlement”) which has now lapsed, and who now want to return to and settle in the UK.

If the visa application is successful, having been granted permission to re-enter the UK, the applicant's residential rights and benefits will be restored.

The Returning Resident visa application must be submitted from outside of the UK and the following validity requirements must be met:

• The application must be submitted on the ‘UKA/ROA/RR’ form or (for applicants under the Windrush Scheme) the ‘Windrush Scheme application (Overseas) form
• The applicant must be outside the UK
• The required fees must be paid (no fee is required for the Windrush Scheme)
• The required biometrics must be provided
• The applicant’s identity and nationality must be established
• There must be a record of the applicant being previously granted settlement in the UK, which has now lapsed due to the absence

On the application, the genuine intention to settle in the UK must be demonstrated as well as strong ties to the country through family, assets or business connections. Furthermore, the length of time the applicant had lived in the UK before their departure will also be a factor in considering whether there is a strong link. As such, the longer the period of residence in the UK was, the more reason will be to believe that the applicant has established a strong connection with the UK.

Important to note that when assessing an application, the Home Office will also take into consideration the reason for the prolonged absence, would it be medical treatment, caring for a family member, overseas employment/self-employment or studies. Overstaying due to inability to travel can also be taken into consideration.

Lastly, some applicants might be subject to a TB test requirement.

The application fee is currently set at £637. The current processing time is 3 weeks. If the application is successful, the passport will be endorsed with an entry clearance vignette valid for 3 months. The BRP card will be available for collection at a designated post office upon arrival in the UK.

At Chan Neill Solicitors LLP we have an experienced immigration team which has been successfully assisting applicants with a Returning Resident visa for many years. Do not hesitate to contact us for advice and assistance.

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Immigration Case Studies

Sponsor licence granted for small-sized company in 10 working days.

Background of the case: The company is a small-sized education consulting company with only two full time employees. The company has been established for a long time and it is a stable and mature business. The business operation is relevantly small, and the company’s turnover is low (below the VAT threshold).

Chan Neill Solicitors assisted the company with accumulating the following information and documents to prove the stability of the company's business: business model, business profile and various business activities. In addition to explaining why the company needs overseas employees for its business and justify the necessity of applying for a sponsorship licence.

Based on the client’s needs, expedited service was successfully approved (this service is limited to 10 applications per day) and the company was granted a licensed sponsor under the Skilled Worker Route in 10 working days.

Recently the UK has introduced Global Business Mobility routes and High Potential Talent visas to attract overseas talent. To retain these talents, UK companies are still required to have a valid sponsor licence to provide workers with a  work visa.

Tourist visa switched to Dependant visa in 2 working days

Background of the case: Mr Z and his spouse entered the UK as tourists in 2021. Due to the Covid restrictions, Mr Z could not return to his country. We assisted him in applying for an Exceptional Assurance (EA) extension before he must return to his country. An approved confirmation of EA was received with the validity date until July 2022 for Mr Z. In the meantime, we waited for his spouse to switch to a Skilled Worker visa to be granted as she was offered a position in the UK. After his spouse’s Skilled Worker visa was approved, Chan Neill Solicitors began to assist Mr Z’s to prepare for his Dependant as a Partner visa application.

Under the regulations and guidance from the Home Office, applicants are required to provide proof of address with their spouse for a period of two years as evidence that they living together. Mr Z were not able to provide the relevant documents for the past two years due to the following reasons first of all, they have not lived together for a long period of time, secondly previous accommodation documentations were not kept, lastly, they both entered the UK for a short period of time.

Since Mr Z were not able to fulfil the requirement of providing proof of address for the past two years. Alternatively, Chan Neill Solicitors advised Mr Z to compile the recent hotel reservations, travel confirmations and photos to be used as evidence showing they are living together and explained the reasons for Mr Z to apply for switch to a Dependant as a partner visa within the UK on the grounds of international travel restrictions. Mr Z attended his UK visa interview on a Friday and received the visa issuance email in two working days.

Typically, spouse visa or dependent visa applications requires several documentations as proof of relationship. Chan Neill Solicitors are able to advise and assist client’s based on their situation.

Our immigration advisors are focused on problem solving and are highly experienced in dealing with complex immigration issues.  If you have any queries regarding immigration and/or visa, please contact us.

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Tourist Visa change to Skilled Worker visa

Background of the case: The applicant entered the UK as a tourist in 2021. Due to the Covid restrictions, she could not return to her country. We assisted her in applying for an Exceptional Assurance (EA) extension before she must return to her country. An approved confirmation of EA was received with the validity date until May 2022.

The applicant was offered a position in the UK whilst she was waiting for her EA.

Under the regulations and guidance from the Home Office , anyone comes to the UK as a visitor, one can not switch visitor’s visa to a Skilled Worker Visa within the UK. The applicant must return to his or her original country to apply for a Skilled Worker Visa. If our applicant has returned to her original country, she would not be able to work for three to four months, however, her future employer wouldn’t be able to hold up the position for three to four months.

Chan Neill Solicitors assisted the applicant in booking English tests with different exam providers and got the English test results much faster than normal.

Whilst the applicant was preparing for the exams and waiting for the results, Chan Neill Solicitors completed the Sponsor’s Licence application for the employer, as well as prepared the client’s documents for the Skilled Worker Visa. In the application, we provided supporting documents showing the reasons that the applicant needed to switch tourist visa to the Skilled Worker Visa in the UK.

The Skilled Work visa application was submitted on 14^th March and a super priority service for the applicant was selected (although the priority and super priority visa service were temporarily suspended by the Home Office during the time). The application was approved within three hours after the biometric information was collected on 22^nd March.

We subsequently applied for the applicant's family dependant visa. The applicant's spouse and child got their visas in one week.

Chan Neill Solicitors believe every client, be they a multi-national corporate or a private individual, deserves faultless service standards. At Chan Neill Solicitors LLP, we understand the nuances of Asian and Middle Eastern cultures well. Across our team, we speak many languages including  Mandarin and Cantonese, Gujarati, Russian, French, Korean and Spanish. With access to our solicitors at two locations, one in City and one in Mayfair, we cover a very broad spectrum of varying clients needs.

If you have any queries regarding immigration and/or visa, please contact us.

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The Global Business Mobility Visa

The Global Business Mobility Visa

The Home Office recently have release new visa category – The Global Business Mobility Visa. The Global Business Mobility Visa is designed for overseas businesses seeking to establish a presence in the UK, or to transfer staff to the UK, for specific business purposes. The Global Business Mobility Route will open to new applicants on 11 April 2022.

The Global Business Mobility visas reformed and expanded on a number of existing business visas including the Representative of an Overseas Business Visa and the two types of Intra-Company Visas. There are five routes:

• UK Expansion Worker Route
• Senior or Specialist Worker Route
• Graduate Trainee Route
• Service Supplier Route
• Secondment Worker Route

The Global Business Mobility Visas will not lead directly to settlement in the UK. However, once in the UK, Global Business Mobility visa holders may be able to switch into other immigration routes that leads to settlement.

UK Expansion Worker Visa Route

The UK Expansion Worker Visa is to replace the Representative of an Overseas Business Visa. The UK Expansion Worker Visa can only be used when the business has not started trading in the UK. If the business is already trading in the UK, workers should apply for the Senior or Specialist Worker Route.

The visa is for overseas senior managers and specialist employees looking to undertake temporary assignments related to the expansion of their businesses in the UK.

UK Expansion Worker Visa applicants need to be currently working outside of the UK for a business that is linked to their UK sponsor group for a cumulative period of at least 12 months, unless they will be working in the UK as a high earner earning at least £73,900 per annual or as a Japanese national seeking to establish a UK branch or subsidiary under the UK-Japan Comprehensive Economic Partnership Agreement.

Applicants will need to have a valid Certificate of Sponsorship for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a UK Expansion Worker.

Applicants will also need to have an eligible job at or above an appropriate minimum skill level, with a salary of at least £42,400 per annual or the ‘going rate’ for that job, whichever is higher.

The UK Expansion Worker Visa is not a route to settlement. If successful, permission will be granted for one year at a time, and up to two years in total. Applicants, however, may be able to switch to another route.

Senior or Specialist Worker Visa

Senior or Specialist Worker Visa is to replace the Intra-Company Transfer Visa, it will open on 11 April 2022. The Senior or Specialist Worker Visa is designed for senior managers and specialist employees undertaking a temporary assignment in the UK. The UK company needs to be linked by common ownership to the overseas employing company.

The applicant needs to have worked outside the UK for the linked business for a cumulative period of at least 12 months, unless the applicant is a high earner earning £73,900 or more per year. The Sponsor of the Senior or Specialist Worker Visa must be listed as A-rated company on the Home Office’s register of licensed sponsors. The applicant’s Certificate of Sponsorship (CoS) must have been issued no more than 3 months before the date of the applicant’s Global Business Mobility – Senior or Specialist Worker Visa application.

The job needs to be genuine and the salary needs to be more than £42,400 per year or the “going rate” for the job, whichever is higher.

The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.

The Senior or Specialist Worker Visa does not lead directly to settlement in the UK.  However, applicants may be able to switch into another immigration route which leads to settlement.

Dependent partner and dependent children can apply for this route.

Graduate Trainee Route

 Graduate Trainee Route is to replace the Intra-Company Transfer Graduate Trainee Route.  The Global Business Mobility – Graduate Trainee Visa is designed for workers on a graduate training course leading to a senior management or specialist position, and are required to do a work placement in the UK. The Graduate Trainee Route will open on 11 April 2022.

The Graduate Trainee Visa Route does not lead directly to settlement in the UK.  However, applicants may be able to switch into another immigration route which leads to settlement.

Dependent partner and dependent children can apply for this route.

The applicant needs to have worked outside the UK for a business for at least three months before the date of your visa application. The overseas business and the UK sponsoring company are needed to be linked by common ownership or control, or by a joint venture.

The job sponsoring is genuine and the salary is no less than £23,000 per year or 70% of the “going rate” for the job, whichever is higher.

The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.

The Sponsor of Graduate Trainee Route must be listed as A-rated company on the Home Office’s register of licensed sponsors. The applicant must have a valid Certificate of Sponsorship (CoS) for the job you are planning to do, and your Certificate of Sponsorship (CoS) must have been issued no more than 3 months before the date of the applicant’s Global Business Mobility – Graduate Trainee Route application.

Service Supplier Route

The Service Supplier route is for contractual service suppliers employed by overseas service providers, or self-employed independent professionals based overseas, looking to undertake temporary assignments in the UK to provide services covered by a UK international trade agreement.

This route is to replace the contractual service supplier and independent professional provisions under the Temporary Work – International Agreement route. The service Supplier Route will open on 11 April 2022.

Service Supplier Visa applicants will need to be currently working as or for an overseas service provider that will provide services to their UK sponsor and have worked as or for the overseas service provider outside the UK for a cumulative period of 12 months.

The applicant must have a valid Certificate of Sponsorship (CoS) for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a Service Supplier. The UK sponsor must have a relevant Home Office registered contract with an overseas service provider on which the applicant will work in the UK.

Applicants will not need to satisfy a salary requirement but the job is required at or above a minimum skill level, or applicants have a university degree or equivalent level technical qualification and experience meet the nationality requirement for a Service Supplier.

Applicants need to be a national of the country or territory in which the overseas service provider is based; or where the service that you will provide is covered by a commitment in the General Agreement on Trade in Services and your employer is established in a country or territory that has made a notification under Article XXVIII(k)(ii)(2) of that agreement, a permanent resident of that country or territory; or where the service that you will provide is covered by a commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, a permanent resident of Switzerland; or where the service that you will provide is covered by a commitment in the United Kingdom-European Union Trade and Cooperation Agreement, a national of any Member State of the European Union or any other person included in the definition of “natural person of a Party” for the European Union in Article 512(k) of that agreement; or where the service that you will provide is covered by a contractual service supplier commitment in the CARIFORUM-United Kingdom Economic Partnership Agreement, a national of any CARIFORUM State that has provisionally applied or brought into force that agreement.

Permission will be granted for either the time given on the Certificate of Sponsorship plus 14 days, the length of time that will take the applicant to the maximum time period allowed in the category or the maximum single assignment period of either 6 months or 12 months.

Applicants under Global Mobility Visa – Service Supplier Route will be able to extend your stay in the UK up to a maximum period of 5 years in any 6 year period.

The Service Supplier Route does not lead directly to settlement in the UK.  However, applicants may be able to switch into another immigration route which leads to settlement.

Dependent partner and dependent children can apply for this route. Access public funds are not permitted.

Secondment Work Route

The Secondment Work Visa is designed for overseas workers who wish to be temporarily seconded to the UK by their overseas employer as part of a high value contract or investment. The Secondment Worker route will open on 11 April 2022.

Applicants need to be currently working for an overseas business that has a contract with UK sponsor which has been registered with the Home Office. The applicants need to have worked outside the UK for that overseas business for a cumulative period of at least 12 months.

The Certificate of Sponsorship (CoS) will need to have been issued by a UK-based business that is authorised by the Home Office to sponsor a Secondment Worker. The UK-based business must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a Secondment Worker and are applying to continue working for the same sponsor as in your last permission.

The job needs to be genuine and at an appropriate skill level. The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.

The Certificate of Sponsorship must have been issued not more than 3 months before the date of your Global Business Mobility – Secondment Worker Visa application.

The Secondment Worker Route does not lead directly to settlement in the UK.  However, applicants may be able to switch into another immigration route which leads to settlement.

Dependent partner and dependent children can apply for this route. Access public funds are not permitted.

If you have any further questions about the personal immigration routes or business immigration routes or any other visa related queries, please contact our immigration team. We speak many other languages including Mandarin, Cantonese, Gujarati, Portuguese, Korean etc. With access to our solicitors at two locations, one in City and one in Mayfair.

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High Potential Individual Route and Scale Up Visa

The Home Office recently released two new visa routes - the High Potential Individual Route and the Scale Up Visa.

High Potential Individual Visa

As of 30 May 2022, the High Potential Individual Route will be available to recent graduates of top global universities who wish to work or look for work in the UK. The High Potential Individual route is not a sponsored route. Applicants do not need job offers from a sponsor approved by the Home Office. The High Potential Individual Route is not available to graduates graduated in the UK. However, there are other immigration routes for graduates graduated in the UK.

Requirements for a High Potential Individual Visa

• Age requirement – you are 18 years or above;
• Educational requirement – you have been awarded an overseas degree level academic qualification from an institution on the Global Universities List, which is published by the Home Office.
• Language requirement – English language ability on the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking and listening) to at least level B1 (equivalent to IELTS 4.0), OR you are a national of a majority English-speaking country, OR have been awarded a degree taught in English, OR you have obtained a GCSE/A Level or Socttish Highers in English whilst at school in the UK.
• Financial requirement -- You have enough funds to support yourself without relying on public funds.
• TB Test requirement – If you are from a country where TB is common, you must be screened for active TB in the lung.

Duration of a High Potential Individual Visa

Before applying for a High Potential Individual Visa you should also check that you have not previously been granted permission under the Student Doctorate Extension Scheme as a Graduate or as a High Potential Individual. If so, your application will be refused.

If your application for a High Potential Visa is approved, the period of permission you will be granted will depend on the qualification that you relied on to meet the Global Universities List overseas degree requirement:

• PHD or other doctoral level qualification – 3 years
• All other degree qualifications – 2 years

The High Potential Individual Visa Route does not lead directly to settlement in the UK.

The Scale Up Visa

The Scale Up visa is open to all sectors as long as the businesses sponsoring the application meets the growth criteria. The Scale Up Visa Route will open on 22 August 2022.

What are the criteria of The Scale UP business?

The business needs to demonstrate that they have had a yearly growth of at least 20% for the previous 3 years in terms of turnover or staffing. They need to have a minimum of 10 employees at the start of the business. The business must be listed as A-rated on the Home Office’s register of licenced sponsor. The Sponsor must be authorised by the Home Office to sponsor the job in the question under the Scale Up route.

What is the criteria for Scale Up Visa applicant?

• The applicant must be 18 or over on the date of the application
• High levels of skills or education
• A high-skilled job offer from a qualifying Scale Up business
• A minimum annual salary of £33,000
• Sufficient English Language proficiency.
• TB Test requirement, if you are from a country where TB is common, you must be screened for active TB in the lung.

Your Certificate of Sponsorship must have been issued no more than 3 months before the date of your Scale-up Visa application. You can switch to an employer who are not classified as a Scale Up business within the UK after you have been employed in the job that you are being sponsored for an initial period of 6 months. After this initial period of 6 months, your immigration status will no longer be tied to your original sponsoring employer. You will also be permitted to study however you will not be permitted to access public funds.

The Scale Up Visa is a route to settlement in the UK. A dependent partner and dependent children can apply on this route.

After 5 years you, your dependent partner and children will be eligible to apply for settlement in the UK and also potentially British citizenship.

If you have any further questions about the personal immigration routes or business immigration routes or any other visa related queries, please contact our immigration team. We speak many languages including Mandarin and Cantonese, Gujarati, Russian, French, Korean and Spanish. With access to our solicitors at two locations, one in City and one in Mayfair.

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Private Life Route – How To Obtain A Visa To Legalise Your Residence In The UK

When living in the United Kingdom lawfully and continuously for ten years, it is possible to apply for indefinite leave to remain (settlement) by combining different visa categories, even if they individually do not lead to settlement, such as Student or Graduate visas. This is, of course, subject to meeting the requirements of the Immigration Rules under the Long Residence visa route. However, what happens if the residence in the UK has been lawful and unlawful? Is there a way to regularise status in the United Kingdom and potentially settle in the future?

The Private Life visa category was originally introduced in the Statement of Changes in June 2012 and came into force on 9 July 2012. Under this immigration route, those, who have been living in the UK continuously for 20 years, regardless of whether the residence was lawful or unlawful (or combination of both), could be eligible to apply for a visa to regularise their status.

We have successfully assisted clients in regularising their precarious status after having resided in the UK continuously for 20 years. From our experience in dealing with such applications, the Home Office expects an applicant to provide a variety of documents that could demonstrate their physical presence in the country, such as travel history as evidenced by entry stamps in the applicant’s passports, bank statements and employment records.

To strengthen a Private Life application, we, as immigration practitioners, advise to provide additional documentary evidence to demonstrate the applicant’s established private life in the UK, such as personal statement, support letters from friends, local social groups and communities which the applicant has been a part of, and photographs.

Once the applicant has been granted their first permission to remain in the UK on the Private Life route, they will be placed on a 10-year route to settlement, provided that they meet the visa conditions and have maintained their continuous residence throughout their qualifying period.

This visa route offers a pathway for those with a precarious status to regularise their stay in the UK and could be a solution to those who have been subject to the hostile environment policy of the Home Office as a result of their precarious status within the UK.

If you require assistance in relation to a Private Life route visa, or would just like to learn more about this visa route, please feel free to contact us to arrange a consultation.

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