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A visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence or the requisite evidence of a person's eligibility, though he is not a British citizen, for entry into the United Kingdom: see Immigration Act 1971, s 33(1).
Visa nationals and any other persons (not entitled to admission to the UK without leave) who are seeking entry for a period exceeding six months or are seeking entry for a purpose for which prior entry clearance is required under the Immigration Rules require an entry clearance in order to enter the UK: Immigration Rules, HC 395, para 24. An entry clearance which satisfies specified requirements will have effect as leave to enter the UK and the holder of such an entry clearance will not require leave to enter on arrival in the UK and, for the purposes of the Immigration Rules, will be treated as a person who has arrived in the UK with leave to enter the UK which is in force but which was given to him before
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When does indefinite leave lapse by operation of law?People with indefinite leave in the UK:•have no limit on the amount of time they can spend in the UK, and•cannot have conditions attached to their stay, eg their ability to work or claim social security benefits in the UK cannot be restricted for immigration reasons. For information about conditions of leave, see Practice Note: Conditions of permission to enter or stay in the UKHowever, people with indefinite leave still enter and stay in the UK by permission and therefore remain subject to immigration control.Indefinite leave is frequently referred to as settlement, or having settled status or permanent residence in the UK. In this Practice Note, the term 'indefinite leave' will be used to mean leave with no limit on its duration as defined in Immigration Act 1971 (IA 1971). The term ‘settled’, which appears in various places in immigration and nationality law, has two elements in IA 1971. These are: that a settled person is not subject to any restriction on...
ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: What does IP completion day mean for Immigration?. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview.This Practice Note looks at applications for entry clearance as a posted worker under the Vander Elst criteria and similar criteria for Swiss-posted workers. These concern the right of a business entity (or...
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Children of a parent with limited leave as a partner under Appendix FM: grant of limited leave to remain—information sheet You have now been granted limited leave to remain in the UK until [insert date] as the child of a parent with limited leave as a partner under Appendix FM. This information sheet outlines some of the key conditions of your stay in the UK, as well as your responsibilities to the Home Office. It is important that you understand these conditions. Please do not hesitate to contact us if you have any queries. Please note that while the information below is correct as at today’s date, UK immigration law is subject to regular change. Accessing your eVisa Your leave to remain (visa to stay in the UK) will be valid until [insert end date] and is issued in digital format (also known as an ‘eVisa’). [If you do not already have a UK Visas & Immigration (UKVI) online account, you will need to go to...
Senior or Specialist Worker—entry clearance—email at beginning of process Dear [APPLICANT], Your Senior or Specialist Worker entry clearance visa We have been instructed by [SPONSOR] to assist you [and your dependants] with an application for entry clearance to the UK (a visa) under the Global Business Mobility (GBM)—Senior or Specialist Worker route. This route is for established workers who are being transferred by their existing employer to do a skilled role in the UK. Eligibility To be eligible for a Senior or Specialist Worker visa, you must be currently working for [SPONSOR]’s group overseas and [have worked with [SPONSOR] outside the UK for 12 months and earn at least £48,500 per annum and the relevant going rate for your SOC 2020 occupation code OR earn at least £73,900 per annum and the relevant ‘going rate’ for your SOC 2020 occupation code and therefore be classified as a ‘high earner’ by the Home Office] in a role that is listed as eligible for the route in ...
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Once entry clearance has been granted under the Senior and Specialist Worker route, is there any method by which the start date on the visa can be bought forward if the start date for the role alters? Eg where the original start date for the role was the same date as the date the visa was granted from, but now the sponsor wants to make it earlier. We are not aware of any method by which an entry
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 employer but: • there is a change to your core duties which means you change jobs and the new job is in a different Standard Occupational Classification (SOC) code to the one stated on your CoS. (This does not apply if the SOC Code for your new job has only changed because of reclassification within the SOC system by the Office for National Statistics)’ This section of the guidance does not differentiate between Tier 2 (General) and Tier 2 (ICT), suggesting that a new application due to a change of employment would be necessary where the migrant’s SOC code has changed, regardless of the migrant’s sub category. Paragraph 39.27 of Tier 2 and 5: guidance...
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The Home Office has updated its ‘Online immigration status (eVisa)’ guidance to confirm that from 15 July 2025 applicants for entry clearance in study and work routes may not be issued with an entry clearance vignette in their passport, and instead will need to create a UKVI account and get access to it before they travel to the UK. Applicants will still get a vignette ‘as a dependant for any other visa or as a main applicant for visas other than study or work’. The new wording just says that applicants will be told what to do when they apply, so there are no details about whether application processes will change, whether this will apply to only certain work/study routes initially, or otherwise why the guidance is framed in ‘may’ terms. The practical benefit of the change, which was mentioned in the Immigration White Paper, is that persons to whom it applies will not need to return to a visa application centre to pick up their passport (or have it...
Welcome to the 29 May 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.
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