How many days am I allowed to stay outside UK to apply for ILR?

In order to meet the continuous residency requirement, applicant should not be outside UK for more than 180 whole days in any of the five consecutive 12 month periods, preceding the date of the application for Indefinite Leave to Remain (ILR). The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 1st December 2013, the 12 months period would start from 1st December 2013 to 31st December 2012 and every consecutive year counting backwards.

Can I apply for Sole Representative Visa if my company already has a legal entity?

The company must have no branch, subsidiary or other representative in the UK. If the company has a legal entity in the UK, but this does not employ staff or transact business, applicant may still be able to come here as its sole representative. Applicants can be admitted as a Sole Representative after a branch is established in the UK, as long as that branch exists only as a legal entity, has set up a bank account, and/or has identified and set up premises.

Rights of Dependants?

Dependants (including children under 18 years of age or husband, wife, civil partner, unmarried partner or same-sex partner) will be eligible to live and stay in the UK with the main applicant. They can live and work in the UK without any restrictions. They will be granted leave in line with the expiry date of the main applicant’s leave. Dependants will have the following conditions attached to their leave:

• No recourse to public funds

Conditions of Stay?

Applicants will have the following conditions attached to their leave:

• No recourse to public funds

Biometric Requirement?

Foreign nationals from outside the European Economic Area making certain applications to the Home Office have to apply for a biometric residence permit. This applies to both postal applications and applications made in person (known as ‘premium applications’). The biometric residence permit is a residence permit which holds a migrant’s biographic details (name, date and place of birth) and biometric information (facial image and fingerprints), and shows their immigration status and entitlements while they remain in the UK. This also means that a UK visa will no longer be stamped in applicant’s passport and all applicants will be issued one of the new Biometric visa cards instead. These cards look very similar to a (pink) UK driving license except they have a microchip on the back. Applicants who wish to extend their stay in the UK by post, the Home Office will send them a letter asking them to enrol their biometrics after the Home Office have received their application. Applicants will be able to enrol their biometric information one of the Post Offices offering this service across the UK using their walk-in service. For application submitted overseas, the applicants have to provide their biometric enrolment at one of the Visa Facilitation Centres. Successful applicants will receive a 30 day ‘vignette sticker’ in their passport instead of a vignette with the full grant of leave. This 30 day visa will be the date they indicated as their intended travel date in their visa application. Applicants will be required to collect their BRP from the Post Office branch detailed in their decision letter within ten days of arrival in the UK. The Post Office branch is linked to the postcode that they submitted in their visa application. The BRP card can then be used as proof of right to work, study and access public services in the UK.

Immigration Health Surcharge?

The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6th April 2015. People (non-EEA) coming to the UK for more than six months have to pay this health surcharge as a part of their immigration application towards the National Health Service (healthcare in the UK).

Offshore applicants will have to pay the health surcharge if they are applying for a visa for a period of longer than six months, and onshore applicant will have to pay the health charge for any length of visa. Applicants will have to pay £150 per year as a student or £200 per year for all other visa and immigration applications. Dependants will usually need to pay the same amount as the main applicant. The exact amount they have to pay depends on how much leave they are granted. They can calculate how much they will have to pay before you apply. If the period of grant applied for is less than 6 months, then half of the yearly amount to be paid and if the period of grant applied for is more than 6 months, then whole year amount is to be paid. Visa application will not be granted if applicants do not pay the healthcare surcharge or application will be delayed if the right amount is not paid. Following persons are exempted to pay the IHS:

• Applicants applying for a Tier 2 (Intra-company Transfer) visa and their dependants;

Government Fees

Processing Times

In line with the Home Office service standards for processing UK visa applications, they decide 90 per cent of non-settlement applications within 3 weeks, 98 per cent within 6 weeks and 100 per cent within 12 weeks of the application date.