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Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Do you need to submit a separate VAF4A (Appendix 2) form when making an entry clearance application using the new online form? On what basis can the Home Office request this?

Do you need to submit a separate VAF4A (Appendix 2) form when making an entry clearance application using the new online form? On what basis can the Home Office request this?

Do you need to submit a separate VAF4A (Appendix 2) form when making an entry clearance application using the new online form? On what basis can the...

Can you make an application for naturalisation using an expired Biometric Residence Permit (BRP) which confirms that they hold indefinite leave to remain?

Can you make an application for naturalisation using an expired Biometric Residence Permit (BRP) which confirms that they hold indefinite leave to remain?

Can you make an application for naturalisation using an expired Biometric Residence Permit (BRP) which confirms that they hold indefinite leave to...

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment?

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment?

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a...

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for another employer)? If so, is the sponsor required to report this change in employment via the sponsor management system?

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for another employer)? If so, is the sponsor required to report this change in employment via the sponsor management system?

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for...

Legal Guidance

Q&As

When an organisation wishes to add several branches to its Sponsor Licence, can this be done ‘in bulk’ (via one report on the Sponsor Management System and then a single submission of supporting documentation relating to each of the new branches), or must an individual SMS report be made for each new branch?

When an organisation wishes to add several branches to its Sponsor Licence, can this be done ‘in bulk’ (via one report on the Sponsor Management...
2nd May
Q&As

Where a non-visa national sponsored worker from a country whose nationals use eGates has ended their sponsored employment prematurely and that has been reported to the Home Office some time ago, but their leave has not been curtailed, how should they seek to re-enter the UK as a visitor?

Where a non-visa national sponsored worker from a country whose nationals use eGates has ended their sponsored employment prematurely and that has...
2nd Apr
Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

In the context of Brexit, what is meant by the ‘transition or implementation period’?The term ‘transition or implementation period’ is used in the...
31st Mar
tag iconBrexit
Q&As

Does an individual have to be sponsored continuously for five years under the Skilled Worker route to qualify for indefinite leave to remain or can there be gaps in sponsorship whilst their visa is still valid and they have not received their curtailment letter?

Does an individual have to be sponsored continuously for five years under the Skilled Worker route to qualify for indefinite leave to remain or can...
31st Mar
Q&As

Do you have to replace an Authorising Officer (AO) if the AO leaves and the sponsor licence is already dormant?

Do you have to replace an Authorising Officer (AO) if the AO leaves and the sponsor licence is already dormant?The Practice Note: Workers and...
25th Mar
Q&As

Can a company apply for multiple routes under a sponsor licence (in particular Skilled Worker and GBM: Expansion worker) at the same time?

Can a company apply for multiple routes under a sponsor licence (in particular Skilled Worker and GBM: Expansion worker) at the same time?A Sponsor...
Produced in partnership with Jocelyn Howorth of Baya Immigration Legal Services 25th Mar
Q&As

If a Skilled Worker licence application is refused because the entity is pre-revenue, will the cooling off period prevent an immediate application for an Expansion Worker licence?

If a Skilled Worker licence application is refused because the entity is pre-revenue, will the cooling off period prevent an immediate application for...
Produced in partnership with Jocelyn Howorth of Baya Immigration Legal Services 24th Mar
Q&As

Can an applicant submit a valid FLR(FP) application in the UK as the parent of a child while the appeal of a refusal of an EUSS application made from outside the UK is pending?

Can an applicant submit a valid FLR(FP) application in the UK as the parent of a child while the appeal of a refusal of an EUSS application made from...
7th Mar
Q&As

If a person is a dual UK/EU national, can they use their EU passport to enter the EU and avoid the need of an ETIAS and use their UK passport to re-enter the UK and avoid the ETA?

If a person is a dual UK/EU national, can they use their EU passport to enter the EU and avoid the need of an ETIAS and use their UK passport to...
7th Mar
Q&As

If a dependant of a Student visa holder applies to switch to a different visa category before their current visa expires (and a statutory extension of leave is triggered), what happens to that person’s right to work if the main applicant visa holder’s permission then expires?

If a dependant of a Student visa holder applies to switch to a different visa category before their current visa expires (and a statutory extension of...
7th Mar
Q&As

Can Key Personnel roles be filled by an employee, a director or a partner within either the main organisation applying for the licence or a linked entity that is being included in the licence application as a branch? The guidance refers to the key personnel being from 'your organisation' but doesn't define the term but paragraph L4.69 of your Sponsor Guidance Part 1 states ‘[t]he contact address given for each of your Key Personnel must be either your main business address or that of any branch or head office you are including in, or have subsequently added to, your licence’

Can Key Personnel roles be filled by an employee, a director or a partner within either the main organisation applying for the licence or a linked...
Produced in partnership with Tom Marsom of Vialto Partners 17th Feb
Q&As

If a non-EEA national makes an out of time EUSS application (as a family member of an EEA national) and it is refused, if they submit an administrative review (AR) under Appendix AR EU within 28 days, would making a fresh EUSS application (before determination) cause the pending AR to be withdrawn?

If a non-EEA national makes an out of time EUSS application (as a family member of an EEA national) and it is refused, if they submit an...
11th Feb
Q&As

If someone with permission as a Student makes an application to switch to the Skilled route but then withdraws the application before it is decided, does this impact their existing Student permission?

If someone with permission as a Student makes an application to switch to the Skilled route but then withdraws the application before it is decided,...
Produced in partnership with Gary McIndoe of Latitude Law 11th Feb
Q&As

When calculating whether salary meets the minimum thresholds under the Skilled Worker route, how should a sponsor approach a role that has an irregular working pattern, eg if the person will work a certain number of hours a week for three weeks, but a different number of hours in the fourth week, can they use the average of working hours for the weekly working hours?

When calculating whether salary meets the minimum thresholds under the Skilled Worker route, how should a sponsor approach a role that has an...
Produced in partnership with Tom Marsom of Vialto Partners 11th Feb
Q&As

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?Judicial review is considered to be a remedy of...
Produced in partnership with Jamas Hodivala KC of Matrix Chambers 6th Feb
Q&As

Does an individual whose naturalisation application has been approved but who has not yet attended their citizenship ceremony have a duty to disclose a pending police investigation which they learned of after a decision was made on their application?

Does an individual whose naturalisation application has been approved but who has not yet attended their citizenship ceremony have a duty to disclose...
10th Jan
Q&As

If an employee is engaged under an umbrella contract with an employer but has not conducted any work for them (ie not any actual engagement), is that considered working for the purposes of the immigration rules?

If an employee is engaged under an umbrella contract with an employer but has not conducted any work for them (ie not any actual engagement), is that...
6th Dec
Q&As

If a Tier 1 (Entrepreneur) migrant was outside the UK for over 180 days in a 12-month period because of compulsory military service in their home country, could this absence be classified as exceptional circumstances when the Home Office can grant the applicant indefinite leave to remain (ILR) when their continuous leave is broken?

If a Tier 1 (Entrepreneur) migrant was outside the UK for over 180 days in a 12-month period because of compulsory military service in their home...
Produced in partnership with Gary McIndoe of Latitude Law 5th Dec
Q&As

Is there now a requirement on sponsors to conduct right to work checks on all contractors/self-employed individuals carrying out work for them? Or is this only relevant to self-employed sponsored workers?

Is there now a requirement on sponsors to conduct right to work checks on all contractors/self-employed individuals carrying out work for them? Or is...
5th Dec
Q&As

Can a Visitor (non-visa national) switch to the Skilled Worker route in-country?

Can a Visitor (non-visa national) switch to the Skilled Worker route in-country?We have assumed that the applicant does not intend to rely on the Home...
30th Nov

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