32 Issue 2 2009 CheckOut

UK immigration law Check in before you

‘Checkout’

support & services

A new wAve of rules have in recent times

emerged regarding coming to the UK (entry

clearance), staying in UK (leave to remain), appealing

a decision in or outside UK (appeals); and becoming

a citizen of the United Kingdom (nationality). These

new rules have been hailed as the most extensive

overhaul of the UK immigration system for more

than 4 decades. The aim of the new rules is to

attract the skilled and serious minded immigrants

to the country at the same time weeding out the

unscrupulous and dubious would-be immigrants.

There is additional requirement for applicants to

provide their fingerprints, which is aimed at making

false or multiple applications a thing of the past; as

one Minister puts it “...CHANGE HAS COME”.

Checking out of own country may be relatively

easy. It is advisable to check-into these new rules

before embarking on ‘checking out’. It is always

prudent to check the FACTS beforehand. This

edition would concentrate on making the initial

application for entry clearance to come to the UK

in four main areas of (1) VISIT; (2) EMPLOYMENT;

(3) STUDENT & (4) SETTLEMENT. Bearing in mind

that the landscape is constantly changing, taking

advice from qualified adviser is essential.

Before tAking Any step, you need to Ask yourself BAsic Questions:I. What I am going to UK for?

II. What are my objectives and what will I do

when I get to UK?

III. What type of entry clearance can I

apply for?

IV. What are the likely costs?

V. How long I am staying in the UK for?

VI. Do I meet the requirements under

the rules?

VII. Do I have sufficient funds to maintain

myself in UK?

As a result of the new rules, the process of applying

for UK entry clearance appears to have been made

easy, as the application forms have been segmented

into different categories. However, in most cases,

there are strict requirements as to conditions which

have to be met and documents to provide in

support of individual application, hence the need

to comprehensively understand the complicated

changes by reading the guidelines carefully before

embarking on making an application, particularly,

as decision are usually taken without an interview.

It is essential therefore that all relevant documentary

evidence and information are supplied at the time

of application. It may be necessary to consult an

expert for assistance, rather than submit false

documents or breach immigration rules [in the

case of those already in the UK], as such steps now

carry along with it dire consequences. Therefore,

the watch word is: “BewAre”. In addition to an

automatic refusal, there is an additional penalty of a

ban from coming to the UK of up to 10 years.

For the purposes of this write-up, the different

categories of entry clearance application are briefly

explained and tabulated below along with the

new application forms, which were introduced in

November 2008.

The generAl reQuireMents in all category of

applications are: *Valid travel document/passport,

*One passport sized colour photograph, *The

appropriate fee, *Evidence of funds, *Evidence

of employment/business/ studies, *Evidence of

income such as payslips. The AdditionAl reQuireMents are shown in the individual

tables below:

CheckOut Issue 2 2009 33

support & services

1. visiting Those wishing to come to the UK on visit now have 10 categories to choose from.

CATEGORY FORM TO FILL APPLICANT TYPE ADDITIONAL REQUIREMENTS DURATION OF STAYGeneral Visitor Form VAF1A Tourist or visit to friends *Planned itinerary and or Supporting letter from friend/sponsor, *Details of any

hotel/flight bookingsMaximum 6 months

Family Visitor Form VAF1B Coming to UK to see family *Evidence of residence of the family member, *Letter from family member/sponsor in support of visit

Maximum 6 months

Business Visitor Form VAF1C Coming to UK on a business *Evidence of invitation to the UK company & previous dealings, *Details of any hotel/flight bookings

Maximum 6 months

Student Visitor Form VAF1D Coming to the UK as a student visitor

*Unconditional or acceptance letter from the school/college/university, *Evidence of English language, *Evidence of maintenance, course fee and other expenses such as flight, accommodation, *Evidence of sponsor’s occupation, income and savings.

Maximum 6 months

Academic Visitor Form VAF1E Visiting the UK as an Aca-demic visitor

*Evidence of work as an academic immediately prior to application, *Formal letter of invitation from a UK institution, *Evidence of accommodation already arranged, *Details of any relevant grants/bursaries.

Maximum 6 months

Marriage Visitor Form VAF1F Coming to the UK to get married

*Evidence of arrangements made for marriage to take place during visit, *If previ-ously marriage, evidence of freedom to marry, *Details of any hotel/flight bookings

Maximum 6 months

Medical Visitor Form VAF1G Coming to receive private medical treatement

*Evidence from hospital or clinic in UK of treatment, *Evidence confirming that treatment if being funded privately.

Maximum 6 months

Visitor in Transit Form VAF1H Visiting the UK in transit to another des

*Evidence of onward passage from UK within 48 hours of arrival in UK, *Evidence of assurance of entry to country of destination after leaving UK.

Maximum 6 months

Sports Visitor Form VAF1J Participator in a sporting event

*Evidence of invitation to attend the event, *Evidence of ability to participate in event, *Supporting letter from sponsor, *Details of any hotel/flight bookings

Maximum 6 months

Entertainer Visitor

Form VAF1K Participator in a recognized entertainment event or festival

*Evidence of invitation to attend the event/festival, *Evidence of ability to partici-pate in event, *Supporting letter from sponsor, *Details of any hotel/flight bookings

Maximum 6 months

2. eMployMent This section is for those seeking to come to the UK on a work-related visa or their dependants seeking entry on the basis of the work permit

or work-related permit holders.

CATEGORY FORM TO FILL APPLICANT TYPE ADDITIONAL REQUIREMENTS DURATION OF STAYEmployment w VAF2 *Work Permit Holder,

, *, *Evidence of job offer and employer, *Evidence of qualification relevant to job. *Evidence of English language ability. *Valid work permit.*Evidence of current work *Evidence of income

Not exceeding 5 years

Employment Form VAF2 *Highly Skilled Migrant *Evidence of job offer(s), *Evidence of qualification relevant to job. *Evidence of English language ability. *Evidence of current work *Evidence of income

Not exceeding 5 years

Employment Form VAF2 Working Holiday Maker

*Planned itinerary, if held *Evidence of available funds during visit *Evidence of current work *Evidence of income

Not exceeding 2 years

Employment Form VAF2 *Dependant of a worker

*Evidence of sponsor’s permission to live in the UK, *Evidence of sponsor’s work*Evidence of current work *Evidence of income

In line with sponsor’s leave to remain

3. student The aim in this category is to encourage ONLY genuine international students to come to the United Kingdom to study for duration of more than 6

months as opposed to applicant under the ‘Visiting’ section.

CATEGORY FORM TO FILL APPLICANT TYPE ADDITIONAL REQUIREMENTS DURATION OF STAYStudent Form VAF3 *Student *Unconditional or acceptance letter from the school/college/university, *Evidence of English

language, *Evidence of maintenance, course fee and other expenses such as flight, accommodation, *Evidence of sponsor’s occupation, income and savings, *Evidence of current work and or job offers, *Evidence of income

Over 6 months

Student Form VAF3 *Dependant of a student

*Evidence of sponsor’s permission to live in the UK, *Evidence of sponsor’s studies*Evidence of current work *Evidence of income

In line with sponsor’s leave to remain

4. settleMent Application for settlement entry clearance can be made if the intention of the application is to make UK his or her permanent or principal country of residence. This is of course, if the applicant falls in the category of those who are eligible to apply. In this group are spouse, civil partner, fiancé(e), unmarried partner, child, elderly dependant of someone settled or going to settle in the UK. Also in this group are returning resident (i.e. those who had

previously settled but left UK to live abroad and had done so for a period of more than two years).

CATEGORY FORM TO FILL APPLICANT TYPE ADDITIONAL REQUIREMENTS DURATION OF STAYSettlement Form VAF4 *spouse, *civil partner,

*fiancé(e), *unmarried partner,

*child, *elderly dependant

*Evidence of sponsor’s permission to live in the UK, *Evidence that you have met your sponsor [if applicable], *Evidence of having lived with the sponsor in a long-term relationship [if available and applicable], *Evidence of divorce of both applicant and or sponsor [as applicable] *Proof of accommodation, *Evidence of funds, *Evidence of sponsor’s employment/business/income etc.

From over 6 months to indefinite leave

Settlement Form VAF4 *Returning resident *Evidence showing that the applicant was previously granted indefinite leave to remain [ILR] in the UK

Indefinite leave to remain [ILR]

In the next edition of checkout, we will look at other areas such as: EEA FAMILY PERMIT, RIGHT OF ABODE, POINTS-BASED SYSTEM MIGRANT (PBS).

At M. oluBi solicitors, we provide courteous service with excellent client relationship. Our initial consultation is free. We are located at UNIT 4, 2 TUNSTALL ROAD, BRIXTON, LONDON SW9 8BN [RIGHT OPPOSITE BRIXTON TUBE STATION], Tel. 020 7737 3400 / 07799 444 866 / 07956 394 567.Moses olubisose, principal (M. olubi solicitors)