Trust & Service Confidence

Monday, July 16, 2018

Counselling Aimed at Immigration & Permanent Visa

More and more citizens from EU and non-EU Countries in recent years have been choosing the UK as a tourist destination but also as a working place to escape from the crisis.

The United Kingdom has not signed the Schengen treaty, therefore it is free to exercise control over people. In contrast, other EU Countries have the right to apply the same controls at their borders.Those who belong to one of the member States of the European Union do not need a residence permit or a visa to enter the UK.

In the UK, the Laws in the field of immigration are issued by the Immigration Act, 1971 and subsequent amendments. There are also other provisions governing control of immigrates, i.e. rules that expand or decrease the right of residence to particular categories of citizens or sanctions against those who let foreigners enter illegally without the mandatory documents.
The citizens of the member States of the British Commonwealth (Intergovernmental Organization composed of 53 member States which formerly belonged to the British Empire but Mozambique and Rwanda), only need a permit to enter the UK both for working for a short time and for living there permanently.

According to the Law in force, a foreigner who does not belong to a member State of the British Commonwealth with the right to enter or who does not belong to a EU member State requires a specific permit (Entry Clearance) to enter the territory of the United Kingdom, which is issued by the department of the agency which is responsible for the procedures of immigration control (Border and Immigration Agency of the Home Office).

To obtain such a permit, the applicant must demonstrate that he can afford to live there and he has a suitable accommodation, moreover he must register at the offices of the referring Authorities.

Entering and subsequent staying in the United Kingdom for foreigners who do not belong to the EU depends on the type of visa issued by the competent Authority.

By way of example:

  • VISITOR VISA: There are different categories of visitors. A visitor is someone who generally intends to stay in the United Kingdom for a short term in order to visit friends and relatives, to do business, to attend a short educational course, to have private medical treatment. It is necessary to show one would like to stay in the UK for a maximum period of six months and can sustain his staying there during that lenght of time.
  • LONG TERM VISIT VISA: their validity can be 1, 2, 5 or 10 years. The applications are taken into account if the applicant demonstrates the frequent and consistant need to stay in the United Kingdom, e.g. for family reasons or for working with companies which are already incorporated in the United Kingdom. The applicant must be able to prove his financial support during his staying in the United Kingdom.
  • BUSINESS VISA: it is issued to those who, in order to do their business, have to visit the United Kingdom for short periods to carry our new working activities.
  • WORK PERMIT: EU, European Economic Space and Swiss citizens do not need a visa to work in the UK. It is used to allow British employers to recruit workers who do not come from EU and EES Countries. The employer must submit the referring request.

Recently, the British Government issued a new point system for controlling the entry of non-EU foreigners in the UK which only allows skilled workers to enter the Country when it needs manpower in their fields. The goal is to get more qualified workers. Under the new measures, the employer who wants to hire a foreigner must prove that he first offered the position to British people. Foreigners are numerous in the UK. Immigration has made a strong contribution to the economy of the Country, however, it is an increasingly difficult phenomenon which is complex to manage.

TIER 1: It is a type of permit which is only thought for entrepreneurs, investors, exceptional talents and graduated entrepreneurs.

TIER 2: It is a work permit which is sponsored by COS (Certificate of Sponsorship) by an English employer who must prove to the Border and Immigration Agency that the work can not be given to a British citizen.

Other situations where a person must apply for a visa when he enters the Country are:

  • Stateless Individual.
  • Possession of a valid travelling document with no indication of their nationality.
  • Possession of a passport issued by a non-approved Authority in the United Kingdom.
  • The citizens of Countries such as Australia, Canada, Hong Kong, Japan, Malaysia, New Zealand, Singapore, South Africa, South Korea and the United States willing to remain in the UK for more than six months.

I Visas are issued for a maximum period of six months. If a longer visa is required, you have to leave the Country and apply for a new one. It is possible to apply for a visa which provides more admissions during the six months.

Visas and other forms of admission permits for England, Wales, Scotland and Northern Ireland must be obtained prior to one's arrival in the United Kingdom.

The application for a residence permit may be refused. This is provided when the application for residence is a danger to national security in relation to the characteristics and behavior of the applicant.

The granting of a residence permit may be subjected to specific restrictive criteria with regard to the possible uses of the applicant. the duration and any conditions of stay shall be written as a rule by the office issuing the document.

If only there is a missing a stamp or if a signature is not affixed in the correct space, or if a document is not delivered to a not responsible office, so the whole procedure may be cancelled with the result for the foreign subject that he can no longer stay in the British territory. So becomes important the "Warranty & Assistance" that Bright Business Consulting LLP has to offer in this regard, to ensure the greatest certainty about obtaining a visa for your needs.

The illegal entry is punishable by imprisonment up to six months and a penalty payment of compensation. The same penalties are applied when the alien stays beyond the time allowed in the British land, his failure to compliance with a specific condition contained in his permit.

Those who wish for any reason to reside permanently in the United Kingdom must obtain a "Permanent Visa".

The term "Permanent Visa" refers to permanent residence in the United Kingdom, that is the right to live in the Country for an indefinite period and the ability to work and move without any restriction or without any of a visa or a work permit. However, you can not leave the UK for more than two years, unless you risk to lose your status as a resident.

Only the following categories of non-EU citizens expressly provided by law can wish to reside permanently in the UK after their entry:

  • Minor, unmarried sons/daughters who are economically dependent from their British parents or who are resident in the United Kingdom.
  • Spouses or unmarried partners, aged more than 16, of British citizens or lawfully foreign resident in the UK as long as the couple has sufficient financial resources to maintain both. Former residents who, having a residence permit which does not expire, intend to come back and live in the UK.
  • Students who are economically self-sufficient.
  • Commonwealth citizens with British citizens ancestors.
  • Some categories of workers, such as doctors or dentists, religious ministers, domestic workers, inventors, au pairs and so forth.
  • Some categories of highly skilled foreigners who have no current employment contract in the UK.

How to get a "Permanent Visa":

  • After a year of marriage to a British citizen.
  • After 4 years of continuous work in the Country.
  • When a person has been legally living in the Country for at least 10 years.

The production of "Permanent Visa" is not so easy to manage, first depending on the competent authorities in the examination of applications, those concerning the "Permanent Visa", which the National interests are predominant to the motivations of the foreigner investor, then the rather long and complex administrative issue procedure that requires skill and specific knowledge for the correct compilation, presentation of the documentation in order to ensure wide margins to issue the visa.



Bright Business Consulting LLP
58/60 - Kensington Church Street


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