Personal Immigration
The constantly changing immigration law of the UK is quite complicated. The Supreme Court of the UK in its decision in Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013) agreed with the description of the Master of the Rolls echoing the words of Jackson LJ that the immigration law of the UK is an impenetrable jungle of intertwined statutory provisions and judicial decisions. Hence, it is not easy for even senior judges of the UK to untangle the complex web of immigration law. Therefore, it’s not fair to expect a layman making an application or making an appeal to present his case in the best possible way. However, instead of complaining and moaning one must understand the requirements of the law before making one’s application so that further complications could be avoided.
Various categories that can be used to migrate to the UK are being summarised below. This is not an exhaustive list, but it is quite relevant and beneficial for most people who intend to move to the UK for various purposes. The description of various categories and the requirements concerning them are just indicative rather than accurate and exhaustive in view of the above referred complexity of the immigration law. Our immigration experts will assist you through you the entire process to present the best possible case for you.
1.Student Visas - If a person can get admission to an educational institute in the UK having a sponsorship license (authorized by the British government) and has required sufficient funds to meet the tuition fee and living expenses in the UK, he will be able to get a student visa.
The applicants pursuing postgraduate level and PhD courses can have their partners (spouses/unmarried partners) and children accompany them to the UK.
2.Graduate Route – To qualify under this category international students must have completed a degree in the UK. Students on the Graduate route will be able to work or look for work after their studies for a maximum period of 2 years, or 3 years for Doctoral students.
Hence, students can get 2 to 3 years to live and work in the UK after having completed their course. They can continue to stay in the UK even after the expiry of the graduate route visa if they can find an employer who can issue them a work visa.
The applicants under this category can bring the partners(spouses/unmarried partners) and children.
3.Spouse Visa – This visa category is for married partners of British citizens, persons with indefinite leave to remain in the UK or limited leave to remain under Appendix EU or Appendix ECAA. They can apply for a spouse visa provided they meet the requirements such as Financial requirement (annual earnings of £18,600 or Savings of £62,500), genuine and subsisting relationship requirement, accommodation requirement and Level A1 English requirement.
4.Unmarried Partner Visa – This visa category is for unmarried partners of British citizens, persons with indefinite leave to remain in the UK or limited leave to remain under Appendix EU or Appendix ECAA who have been living together with them in a relationship akin to marriage for at least 2 years. They can apply under this category provided they meet requirements such as financial requirement (annual earnings of £18,600 or savings of £62,500), genuine and subsisting relationship requirement, accommodation requirement and Level A1 English requirement.
5.Fiancee/ Fiance Visa –The UK Fiance visa category is for engaged partners of British citizens, persons with indefinite leave to remain in the UK or limited leave to remain under Appendix EU or Appendix ECAA who wish to enter the UK and marry within 6 months of their arrival. The applicant should meet requirements such as financial requirement (annual earnings of £18,600 or Savings of £62,500), genuine and subsisting relationship requirement, accommodation requirement and Level A1 English requirement.
6.Parental Route - UK parent visa, is a type of visa where a parent wants to join their child (under 18) who is a citizen or a resident of the United Kingdom with no immigration restrictions. You need to have sole or shared parental responsibility for your child or should have access to the child playing a role in the upbringing of the child.
7.Children Route – Under 18 years children can apply as the dependants of their parents.
8.Adult Dependant Relative - The applicant must be outside the UK to apply and need long- term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK. The UK relatives must be British citizens, persons with indefinite leave to remain in the K or limited leave to remain under Appendix EU or Appendix ECAA. Under this category, it has also to be proved that the care required cannot be organised in the home country of the applicant , which is a very difficult requirement to meet.
9.Visit Visas
You can visit the UK
for tourism
to see your family and friend
for certain business activities, for example, attending a meeting
to do a short course of study
to take part in research or an exchange programme as an academic
for medical reasons, for example, to receive private medical treatment
The British government has a lot of discretion while processing the visit visa applications. The applicants should be able to demonstrate that they have funds to sponsor their UK visit and have strong financial and family ties in their home country to return to.