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| info@breytenbachs.com | ||
| Fri, 30/7/2010 | ||
Question:
I am currently in the UK on an Ancestral Visa. My brother wants to apply for this type of visa during the next couple of months and we are worried about how the immigration cap will affect his application. Can you assist in this matter?
Answer:
Please feel free to contact our offices for more information.
Question:
My sister and brother-in-law wish to relocate to the UK from South Africa. My brother-in-law has Dutch citizenship. Will this enable him to live and work in the UK? Will my sister be able to accompany him and work whilst they are in the UK?
Answer:
Yes, any EU citizen can take up residence in the UK, in terms of the EU treaty. Their dependants are allowed to accompany them. Your sister will be able to accompany him as a dependant, subject to satisfying the maintenance and accommodation rules which now apply to EEA family applications from outside the EEA. She will also be allowed to take up work in the UK without any restrictions, provided that she has a valid EU family permit, your brother-in-law is still in the UK and their marriage subsists.
Question:
I am from New Zealand and a member of the UK armed forces. I want to get married to my girlfriend, who is back home, in order for her to join me in the UK. However, she only recently turned 20 years and I have been told at the beginning of the year that the marriage visa rules in the UK state that one can only obtain a marriage visa for your spouse if she is 21 years old or older. Is that still the case?
Answer:
From this day, the minimum age at which a person may be granted permission to come to or stay in the UK as the spouse, civil partner, fiancé, proposed civil partner, unmarried partner or same-sex partner of a serving member of HM Forces was reduced from 21 years to 18 years.
The UK Home Office said that the rule change was done in recognition of the partner's role in supporting those on the front line and reflects the unique circumstances in which the armed forces operate.
The changes apply only to serving members of the armed forces and their partners. The marriage visa age remains at 21 years old for all other persons.
Please feel free to contact our offices for more information
Question:
My husband and I have been living in the UK for the past two years. I have a dependency visa, based on his Tier 1 permit. However, our marriage is falling apart.
I am concerned about how a divorce will affect my visa status, as I would like to stay on in the UK. My husband has agreed for me to continue living in the UK as a dependant after our divorce as part of our settlement. Will his agreement be sufficient to continue my stay as a dependant?
Answer:
Your status as dependant will not depend on your husband’s consent. Your dependency visa was issued on the basis of your marriage to a Tier 1 permit holder. As soon as you get divorced you will have to switch to a permit or visa that will allow you to stay in the UK in your own right. If you are not successful in obtaining such a permit or visa, you will have to return to your home country.
Please contact our offices, so that we can assist you in the matter.
Question:
I am currently in the UK as a visitor and looking at the possibility of opening my own business. I also have a partner back home, who is willing to invest in such a new business. Does the UK have some kind of visa for persons looking to invest in a business in the UK?
Answer:
Yes, there is indeed a Tier 1 Entrepreneur category of the Points-based system that was introduced on 30 June 2008. The category is for those persons investing in the United Kingdom by setting up or taking over, and being actively involved in the running of one or more businesses in the UK. You will need to return to South Africa to apply for this visa.
In order to qualify for this permit, you must score at least 75 points for attributes. Applicants will also need to meet the English language requirement (10 points) and the separate requirement for maintenance (10 points).
In order to get the 75 points for attributes you have to prove the following;
You have £200,000 of your own money available to make a fresh investment in a business in the UK. Money may be included that are made available by a third party, that is available to you or the business you are running.
The money is held in one or more regulated financial institutions. This financial institution must be regulated by the home regulator, where the financial institution operates and the money is located.
The money must be disposable in the United Kingdom.
After five years on this permit, you will qualify to apply for permanent residence in the UK.
Please contact our offices for more information on the issue.
Question:
I am an Australian citizen, currently on a student visa in the UK, doing a degree course at a British university. I have been informed by fellow students that the UK Home Office has now introduced a Post-study category for students, which will enable me to work in the UK after completion of my studies. Can you please tell me more about this scheme?
Answer:
The UK Home Office has introduced the Tier 1 (Post-Study Work) category in order to retain the most able international graduates who have studied in the United Kingdom. This new category is part of the new points based immigration system which is currently being introduced. The category has been operational since 30 June 2008 and replaced the schemes; International Graduate Scheme and Fresh Talent: Work in Scotland Scheme.
The Tier 1 Post-Study Work category will allow successful applicants to stay in the UK for a period of two years after completing a degree or post-graduate course in the UK. During this time they will be free to seek employment in the UK, without the need of a sponsor. It is however possible for them to switch into another part of the points based system, for highly skilled or skilled workers, as soon as they are able to.
Time spent on this category does not count towards the qualifying period for permanent residence in the UK.
Please contact our offices for more information.
| Ask the Expert |
| 'I am a visitor in the UK and looking
at opening my own business. Does the UK have some kind
of visa that will enable me to realise my dream?' Read all the answers on the latest questions asked by our clients. |
| more >> |
| What our clients have to say |
| I CANNOT thank you enough for all the trouble and hard work you all put into my case - it really means a lot to me and is GREATLY APPRECIATED! Thank you very much! I know it is your job and you get paid to do it, but you have just given me my future and a great deal of happiness! Kim Joubert Do you want to know whether you qualify for a UK work permit or visa? Click here! |
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