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Practice notes

English language requirement in work, study and business categories

Most work, study and business categories of the post-Brexit immigration system have an English language requirement which applies to applications for...

7th Apr

Precedents

Skilled Worker—entry clearance—email at beginning of process

Dear [APPLICANT],Skilled Worker entry clearance visaWe have been instructed by [SPONSOR] to assist you [and your dependants] with an application for...

Produced in partnership with Hesham Shoeb of Helen Smith Immigration 7th Apr

Practice notes

Applying under the Youth Mobility Scheme

The Youth Mobility Scheme is a short-term category that enables non-European Economic Area (EEA) nationals under the age of 31 from certain specified...

6th Apr

Practice notes

When advertising on the Universal Jobmatch website, is there a requirement to tick to say that the company wants to advertise the role in Europe in order to satisfy the resident labour market test?

The resident labour market test (RLMT) is there to protect the settled workforce and means that a company must generally advertise the job they want...

Produced in partnership with Gary McIndoe of Latitude Law 23rd Mar

Q&As

Would the 12-month cooling-off period apply to a family member of a Tier 2 (Intra-Company Transfer) migrant?

This Q&A considers whether family members of Tier 2 (Intra-Company Transfer (ICT)) migrants are required to follow the 12-month cooling-off period...

Produced in partnership with Gary McIndoe of Latitude Law 23rd Mar

Q&As

Would the 12-month cooling-off period apply to a dependant partner of a Tier 2 (General) migrant, who is applying for leave as the main Tier 2 (General) applicant?

Tier 2 (General) migrants applying for entry clearance, leave to enter or leave to remain must not, subject to limited high-earner and other...

23rd Mar

Q&As

What are the documentary requirements for a Tier 2 (General) application for indefinite leave to remain in respect of the requirement for continuous residence in the UK, and is there any flexibility to these requirements in circumstances where a previous employer has ceased to trade?

In order to be granted indefinite leave to remain in the UK as a Tier 2 (General) Migrant, an applicant must meet the requirements under Immigration...

23rd Mar

Practice notes

Working remotely outside the UK—considerations for UK employers

Employers are receiving more requests from employee to work from home. But a request to work remotely outside the country where an employee is...

Produced in partnership with Stephen Ratcliffe of Baker McKenzie and Gill Murdoch 18th Mar

Q&As

Does the Tier 2 (ICT) route permit a UK sponsor to second an employee from an overseas group company?

Provided that the overseas company is ‘linked’ to the UK sponsor and certain conditions (listed below) are met, the Tier 2 (ICT) route generally...

Produced in partnership with Allan Briddock of 1 Pump Court 18th Mar

Q&As

Can a Tier 2 (ICT) migrant make an in-country change of employment application to work for their existing employer in an occupation under a different Standard Occupational Classification code?

Paragraph 222 of the Tier 2 Policy Guidance states that:‘You must also make a change of employment application if you are remaining with the same...

Produced in partnership with Bilal Ehsan of Latitude Law 18th Mar

Q&As

Where a main applicant switches into a different category, eg a Tier 2 (ICT) visa holder switches into a Turkish worker route, should their dependants also apply to switch at the same time? What possible implications might their be if they do not (if they remain, in the UK, or subsequently travel)?

There is nothing in the requirements for leave as the family member of a relevant points-based system migrant (RPBSM) in the Immigration Rules, Part...

Produced in partnership with Nick Nason of Edgewater Legal 18th Mar

Q&As

Can a dependant partner of a Tier 2 (Intra-Company Transfer) visa holder apply for indefinite leave to remain after five years of continuous residence in the UK?

The Immigration Rules, Part 8, para 319E permit a dependant partner of relevant PBS migrant or Appendix W worker (the main applicant) to apply for...

18th Mar

Q&As

What procedure should be followed where a Tier 2 (Intra-Company Transfer) migrant is not able to travel to the UK within the validity of their 30-day short-term biometric residence permit?

For the purposes of this Q&A, we have focussed on short-term multiple entry biometric entry clearances which are issued to non-European Economic Area...

Produced in partnership with Tom Brett-Young of VWV LLP 18th Mar

Q&As

If a points-based system (PBS) migrant switches from a Tier 2 category to Tier 1, is that person’s dependant with extant leave as a PBS dependant required to make a new PBS dependant application as a result? Does the answer differ if the PBS migrant switches into other immigration categories?

This is a Q&A about whether it is necessary for dependants to apply to switch categories at the same time as their relevant points-based system (PBS)...

Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 18th Mar

Q&As

Might a single absence from the UK of 14 months during the qualifying period (spent completing study abroad) be problematic in an application for indefinite leave to remain by the partner of a points-based system migrant? This relates to the requirement to have continuously cohabited with their partner in the UK for the requisite period. It does not refer to leave granted under the Immigration Rules in force on or after 11 January 2018.

The requirements for indefinite leave to remain as a partner of a points-based system (PBS) migrant are contained in paragraph 319E, Part 8 of the...

Produced in partnership with Gillian McCall of Richmond Chambers 18th Mar

Q&As

If a Tier 2 (ICT) migrant is granted leave on the basis of delivering a time-bound service, can they apply to extend their leave in the UK at the end of that service if they acquire a new project?

As with many queries relating to Points-Based System issues, there are different variables to consider when assessing whether an individual could...

Produced in partnership with Gary McIndoe of Latitude Law 18th Mar

Q&As

Is a sponsor permitted to pay a Tier 2 (ICT) migrant in the l-term staff category an accommodation allowance in excess of 30% of their total gross salary package?

The Immigration Rules, Appendix A, para 75 sets out the items that will be taken into account by the Home Office when calculating whether an applicant...

18th Mar

Precedents

Intra-Company Transfer—entry clearance—email at beginning of process

Dear [APPLICANT],Intra-Company Transfer entry clearance visaWe have been instructed by [SPONSOR] to assist you [and your dependants] with an...

Produced in partnership with Laura Penman of Helen Smith Immigration 18th Mar

Precedents

Intra-Company Transfer—entry clearance—email at end of process

Dear [APPLICANT], Your Intra-Company Transfer visaI am pleased to confirm that your Intra-Company visa has been approved. [The visas for your...

Produced in partnership with Laura Penman of Helen Smith Immigration 18th Mar

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Most recent Sponsored work content

English language requirement in work, study and business categories

Skilled Worker—entry clearance—email at beginning of process

Applying under the Youth Mobility Scheme

Sponsored employee: applying under Skilled Worker

When advertising on the Universal Jobmatch website, is there a requirement to tick to say that the company wants to advertise the role in Europe in order to satisfy the resident labour market test?

Would the 12-month cooling-off period apply to a family member of a Tier 2 (Intra-Company Transfer) migrant?

Would the 12-month cooling-off period apply to a dependant partner of a Tier 2 (General) migrant, who is applying for leave as the main Tier 2 (General) applicant?

What are the documentary requirements for a Tier 2 (General) application for indefinite leave to remain in respect of the requirement for continuous residence in the UK, and is there any flexibility to these requirements in circumstances where a previous employer has ceased to trade?

Working remotely outside the UK—considerations for UK employers

Does the Tier 2 (ICT) route permit a UK sponsor to second an employee from an overseas group company?

Can a Tier 2 (ICT) migrant make an in-country change of employment application to work for their existing employer in an occupation under a different Standard Occupational Classification code?

Where a main applicant switches into a different category, eg a Tier 2 (ICT) visa holder switches into a Turkish worker route, should their dependants also apply to switch at the same time? What possible implications might their be if they do not (if they remain, in the UK, or subsequently travel)?

Can a dependant partner of a Tier 2 (Intra-Company Transfer) visa holder apply for indefinite leave to remain after five years of continuous residence in the UK?

What procedure should be followed where a Tier 2 (Intra-Company Transfer) migrant is not able to travel to the UK within the validity of their 30-day short-term biometric residence permit?

If a points-based system (PBS) migrant switches from a Tier 2 category to Tier 1, is that person’s dependant with extant leave as a PBS dependant required to make a new PBS dependant application as a result? Does the answer differ if the PBS migrant switches into other immigration categories?

If a Tier 2 (ICT) migrant is granted leave on the basis of delivering a time-bound service, can they apply to extend their leave in the UK at the end of that service if they acquire a new project?

Is a sponsor permitted to pay a Tier 2 (ICT) migrant in the l-term staff category an accommodation allowance in excess of 30% of their total gross salary package?

Intra-Company Transfer—entry clearance—email at beginning of process

Intra-Company Transfer—entry clearance—email at end of process

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