Applying in the UK

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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Applying to naturalise as a British citizen: eligibility

Naturalisation is the most common way for adults to acquire British citizenship. The naturalisation route to British citizenship enables adults who do

Resident Labour Market Test

An employer will be required to carry out a Resident Labour Market Test (also referred to as RLMT) before they can apply for a restricted Certificate

'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence

Important notice on Brexit: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal

Practice notes

Procedure for applying from overseas

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Produced in partnership with Gary McIndoe of Latitude Law 27th Oct

Practice notes

Partners applying for entry clearance under Appendix FM: eligibility table

This Practice Note sets out the requirements for an application for entry clearance as the fiancé(e), proposed civil partner, spouse, civil partner or...

21st Oct

Practice notes

Partners applying for limited leave under Part 8: eligibility table

Who can apply under Part 8?An application for further limited leave to remain as a spouse, civil partner, unmarried or same-sex partner can be made...

9th Oct

Practice notes

Making an outside the Rules or exceptional circumstances application

This Practice Note covers practical factors which will need to be considered when advising clients who may not meet all of the requirements of any...

Produced in partnership with Ed Mynott 5th Oct

Practice notes

Partners applying for limited leave to remain under Appendix FM: eligibility tables

Limited leave to remain as a partnerHow the category worksThis Practice Note sets out the requirements for an application for limited leave to remain...

5th Oct

Practice notes

Tier 1 (Entrepreneur)—summary and resources

The Tier 1 (Entrepreneur) category closed to new entrants on 29 March 2019. The only individuals who can now enter this category are those who have or...

26th Sep

Practice notes

Appendix FM: exceptional circumstances cases under para GEN.3

This Practice Note looks at the of ‘Exceptional circumstances’ provisions found in para GEN.3.1‒3.3 of the Immigration Rules, Appendix FM, which may...

26th Sep

Practice notes

Schedule of absences

The schedule of absences spreadsheets below may be used by Lexis®PSL Immigration subscribers to calculate a person’s absences from the UK for the...

26th Sep

Practice notes

General requirements for indefinite leave to remain in work, business and investment categories

This Practice Note examines the key common requirements for indefinite leave to remain (also known as ILR or settlement) applications in work-related...

26th Sep

Practice notes

Applying for a sponsor licence under Tiers 2 and 5: procedure

When applying for a sponsor licence under Tiers 2 and 5 of the Points-Based System (PBS), an organisation must go through the following process:•step...

26th Sep

Practice notes

Visitor (standard): eligibility

The visitor (standard) category enables short-term visitors to come to the UK for a range of purposes including recreation, business activities,...

25th Sep

Practice notes

Routes for applying to register a minor child as a British citizen

Applying to register a minor child as a British citizen is only necessary if the child has not automatically acquired British citizenship. Before an...

25th Sep

Practice notes

Illegal working: dealing with employees

An employer who is found to have employed a person unlawfully in the UK may be liable to civil penalties and/or criminal sanctions. For further...

25th Sep

Practice notes

Applying for a sponsor licence under Tiers 2 and 5: eligibility and suitability

The eligibility criteria for obtaining a sponsor licence are not located in statute law nor in the Immigration Rules; they are mainly contained within...

25th Sep

Practice notes

Sources of immigration law

There are multiple sources of immigration law. In addition to 16 or so statutes and the ever-changing Immigration Rules, there is a huge number of...

25th Sep

Practice notes

When does leave continue—making and withdrawing applications, challenging decisions and travel

This Practice Note explains what happens to a person’s leave to enter or remain in the UK when they:•travel outside the UK, the Channel Islands, the...

25th Sep

Most recent Applying in the UK content

Practice notes

When does leave continue—making and withdrawing applications, challenging decisions and travel

This Practice Note explains what happens to a person’s leave to enter or remain in the UK when they:•travel outside the UK, the Channel Islands, the...

25th Sep

Practice notes

Passport stamps, vignettes and codes—examples and common problems

This Practice Note explains and gives examples of the different immigration stamps and vignettes (stickers) endorsed in non-EEA nationals’ passports...

25th Sep

Practice notes

Biometric Immigration Documents—compliance requirements and sanctions

Biometric immigration documents (BIDs) have been progressively introduced since 2008 as a secure and easily verified proof of leave to enter or remain...

25th Sep

Practice notes

Evidential flexibility

This Practice Note outlines the evolution and scope of evidential flexibility policies in the consideration of UK immigration applications. It also...

25th Sep

Practice notes

Biometric Immigration Documents

What is a Biometric Immigration Document?A Biometric Immigration Document (BID) is a ‘document’ that contains the holder’s biometric and biographical...

26th Sep

Practice notes

Retention of documents by the Home Office

The Home Office has a policy of retaining valuable original documents where an in-country application has been refused or has been deemed to be...

26th Sep

Practice notes

Extensions, switching and varying existing applications

A person with leave to enter or remain in the UK, who wishes and is permitted to apply to stay beyond the date their current leave expires, or who...

26th Sep

Practice notes

Applying in the UK: validity of applications for leave to remain

There are a number of Immigration Rules relating to the validity of an application for leave to remain. These are set out in the Immigration Rules,...

26th Sep

Q&As

Case study—what are the implications for a Points-Based System (PBS) dependant spouse when a PBS migrant applies for indefinite leave to remain under the long residence rules?

Case studyWe have considered the following question:Where a person has leave as a Points-Based System (PBS) dependant spouse of a Tier 2 (General)...

28th Sep

Q&As

Does section 3C of the Immigration Act 1971 operate to extend leave on claiming Asylum under the 1951 Convention, provided that the Asylum Claim was made when an individual had valid leave to remain as a student for the purposes of ten-year long residence route to settlement?

Section 3C leave (Immigration Act 1971)Section 3C of the Immigration Act 1971 (IA 1971) temporarily extends an applicant’s leave for the period that...

Produced in partnership with Gary McIndoe of Latitude Law 28th Sep

Q&As

Where an applicant wishes to vary an existing application while on section 3C leave, is it better to make the application to vary after or before they have attended the UK Visa and Citizenship Application Services (UKVCAS) centre to validate their application (by enrolling their biometrics and exhibiting their passport) or should they apply to vary their application during the period where they have made the initial application online but not completed the validation stage at the UKVCAS centre?

Where an applicant makes a valid ‘in-time’ application to extend or vary their leave to remain in the UK, their leave will be extended until the...

28th Sep

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...

28th Sep

Q&As

If an applicant leaves the UK after submission of their online application but prior to enrolment of their biometrics, does this impact on their leave under section 3C of the Immigration Act 1971? Is there a risk that the applicant could be served with an invalidity notice after their departure which would result in their previous leave being treated as the end of their immigration permission?

This response assumes that a request was not made to the Home Office to withdraw the application, nor for the return of passport before leaving the...

Produced in partnership with Nick Nason of Edgewater Legal 28th Sep

Q&As

With what entry clearance applications should a sponsorship undertaking (SU07) be submitted?

Paragraph 35 of Part 1 of the Immigration Rules provides as follows:‘35. A sponsor of a person seeking leave to enter or remain in the United Kingdom...

28th Sep

Q&As

If a person has leave extended by section 3C of the Immigration Act 1971 and now wishes to withdraw their application, how long can they remain in the UK without triggering a mandatory re-entry ban if they wish to subsequently return to the UK?

The Practice Note: Mandatory grounds for refusal and re-entry bans at the heading ‘Overseas and on-entry applications—mandatory refusal with resulting...

28th Sep

Q&As

Where a person has an outstanding postal No Time Limit Biometric Residence Permit application and withdraws their passport to travel, will this withdraw their application?

It is assumed that this Q&A relates to travel outside of UK, Republic of Ireland, Channel Islands or Isle of Man.In order to request the return of a...

Produced in partnership with Jocelyn Howorth of Westkin Associates 28th Sep

Q&As

If a main applicant is applying for accelerated settlement after three years because they are on a Tier 1 Exceptional Talent Visa, can their spouse also apply for accelerated settlement? If the spouse cannot apply for accelerated settlement, what options are open to them to remain in the UK?

Tier 1 Exceptional Talent applicants are sorted into two categories:•exceptional promise applicants, who are often at an early stage in their career...

Produced in partnership with Shara Pledger of Latitude Law 28th Sep

Q&As

What is the earliest that a person who holds entry clearance as a partner can apply for an extension in this category?

This Q&A does not address any practical issues relating to eligibility of a particular applicant, eg as to when they may need to apply to meet the...

28th Sep

Q&As

Can an applicant notify the Home Office of a change in their name at the same time as making an application for further leave to remain (including indefinite leave to remain) or must they obtain a new Biometric Immigration Document first?

As confirmed in Practice Note: Biometric Immigration Documents—compliance requirements and sanctions under the heading ‘The Biometric Immigration...

28th Sep

Q&As

Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK? And when applying for leave to remain under the Turkish worker category, would the requirement of ‘a holder of a work permit allowing you to work in the UK’ include: a migrant with leave under Tiers 2 or 5 of the Points-Based System, and those exempt from Immigration control (eg diplomats)?

Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK?For an overview...

Produced in partnership with Nick Nason of Edgewater Legal 28th Sep