The United Kingdom Border Agency controls immigration and protects the UK Border. The United Kingdom immigration also considers applications for permission to stay or enter on an asylum or citizenship basis in the UK.
United Kingdom Immigration Policy
The United Kingdom immigration policy in the twentieth century allowed the propagation of the citizenship statuses, the removal of certain rights and the delays concerning rights to entry.
The leave to enter the United Kingdom is incumbent upon the Immigration Officer, who may impose all or any of the conditions under Secs 3 and 4 of the Immigration Act of 1971.
At present, UK has a progressive reform program to respect the Schengen agreement within the Amsterdam Treaty of Europe. The Border Security Agency of the United Kingdom is more focused on extending the process of the immigration visa not only for business, but also for aliens who enter the United Kingdom intending to reside in the country.
Types of Visas
Tier 1 Skilled Migration Visa
All skilled workers in the United Kingdom and abroad can apply for the Tier 1 Skilled Migration Visa. Skilled workers already in the United Kingdom who want to extend their stay can apply for a Tier 1 visa. Qualified for this Tier 1 visa are students, workers and businessmen or businesswomen already in the United Kingdom.
UK Business Visa
Economic immigration is the main component of the United Kingdom economy. It allows skilled immigrants of desirable talents or skill and those wanting to join the domestic workforce in the UK. The Highly Skilled Immigrant Program is a point-based visa specifically designed to attract gifted individuals. This is done to establish their nature of business while in the United Kingdom. Business-based UK visa takes a variety of forms, and the Global visa may help people to get United Kingdom entry clearance and apply for business visa through several routes. The entrepreneur visa allows experienced businessmen or businesswomen to establish businesses, work and live in the UK.
Family Visa
A successful applicant for United Kingdom immigration can usually bring dependent children, partners and spouses with them in the United Kingdom. The family member will enjoy the same benefits as the main applicants in terms of study and work rights in the United Kingdom.
Working Holiday Visa
Under the Working Holidaymakers Visa, the young commonwealth citizens may explore the United Kingdom and earn money while they travel. The United Kingdom Holiday Visa is for citizens who want an extended holiday in the United Kingdom with various forms of work to accommodate their holiday expenses. The requirements for a Working Holiday Visa are listed below:
- The applicant should be between 17 to 30 years old with no dependent children aged 5 years old.
- The applicant should be single or in a relationship with someone also eligible for a working holiday visa.
- The applicants should have enough funds to support themselves with no access to public funds.
- The applicant should have previously acquired a working visa.
Student Visa
If the applicant is offered a full time place in a United Kingdom educational institution, the applicant may be eligible to enter the United Kingdom on a Student visa. Individuals should have a secured place in a United Kingdom-based institution for full time study, and they should be able to support themselves with no access to public funds. They should also be able to pay for their maintenance, course and all accommodations. A student can work for a minimum of 20 hours per week and 40 hours per week during holidays.
Au Pair Visa
The Au Pair Visa application must be made outside the UK territory. All Association Agreement and EU nationals are qualified to take part in an Au pair system. The Au pair visa may be granted for two years to those wanting to assist with housework and care for the children. The Au pair should receive pocket funds and lodging. An unmarried person without a dependant child between the ages 17 to 27 and from a country that has an agreement with the United Kingdom can acquire this type of visa.
Marriage Visa
Spouses of United Kingdom citizens or a permanent resident can come to the United Kingdom under the marriage visa and can be employed as soon as a visa is granted. The requirements for this visa are listed below:
- Spouses who have been together for four years are granted marriage visa for a probationary period of two years.
- Spouses who have been together for four years or more outside UK territory can be granted leave to stay in the UK without the need of living in the country for two years.
- Spouses must live together permanently.
- The spouses seeking to enter the United Kingdom on the basis of marrying a UK national must apply for the entry clearance before coming to the United Kingdom.
- If the spouses have visas valid for 6 months or less in the United Kingdom, they cannot change status.
Immigration Rules
The United Kingdom immigration has a point-based system for the skilled immigrants. All immigrants need to complete certain point-based requirements according to qualifications and salary. Global visa and visa authorities will help skilled workers wanting to enter and work in the UK. The countries named herein require visas to enter the United Kingdom.
Immigration Permits
UK Work Permit
A United Kingdom work permit provides the right to work and live in the UK once offered work by a UK-based employer. The United Kingdom work permit will be issued for any employment period lasting between one and sixty months. Applicants who are under the United Kingdom work permit can acquire new work permits if they change work while they remain in the United Kingdom.
This was elaborated in a post at the Britain Expat Forum last June 5, 2009:
If the company is sponsoring your work permit, it should be fairly straightforward to make the visa application yourself. Take a look at the British consulate or embassy website. Normally the procedure is that the employer files their paperwork with the immigration officials and once permission for the work permit is granted, you should be notified – either by the employer or by the consulate. At that point, you then file your visa application – lots of paper to assemble, possibly have translated, and file (make copies of everything!) but otherwise no particular need for an agent (and agency fees!).
Immigration Points
Applicants who want to enter the UK will require a sufficient number of points to get an entry clearance or extension in their leave that will allow them to remain in the UK. Points can be awarded for different criteria specific to each individual. The points can be awarded for criteria that the individuals are likely to comply with the immigration requirements. In Tier one and two, points can be awarded for criteria like prospective salary or previous salary, age and qualification.
The application of this rule was discussed in a post at the Britain Expat Forum last August 9, 2009:
- Marriage in an Anglican Church in England is not subject to a CoA or you could marry in any other country that will let you, which should be most countries of the world. Under US law you could marry by proxy in a few US states. Such marriages are, these days, mostly used by American servicemen in war zones to get military benefits for a fiancé and any children. But they are no less valid for that, and may be recognized in the UK.
- Obtaining a marriage license and getting married in the USA are independent of immigration status. You may be asked for your passport but only to identify yourself. Virtually all states and counties have their marriage license criteria listed online. There is a general proprietary site that is easier to use, albeit unofficially.
- There is an easy and cheap workaround for everything. If your fiancé is financially, linguistically and professionally able to spend six months with you in another EU/EEA/Swiss country such as the Irish Republic, having (or looking for) a job or self-employment there qualifies him and you for European migrant status and you get a free and gratis Community spousal visa to return to Britain and live. That is the Surinder Singh principle. There is a lot of info online about the effects of this case in the Luxembourg court.
- You should be able to marry in another EU member state as a tourist and as fiancé of a European citizen. US Embassies usually have on their Web sites a list of local requirements for marriage. If you require a “certificate of non-impediment” the US spouse gets a letter stamped by the US consul and the GB spouse gets the banns posted in his or her county of residence.
- As an EU migrant you are relieved of most obstructions to migration based on violation of laws, whether immigration or other, in the UK. The exceptions are for major crimes and threats to the polity, like terrorism. Even membership in the Church of Scientology isn’t any longer an obstacle (think: Van Duyn v. Home)
- The 28-day rule is discussed. But as I said this should really not affect you if you seek European rights (whereby even a British citizen gets more favorable treatment for himself and third-country nationals in his family). If, by the way, your fiancé has a second, EU/EEA/Swiss nationality then he is anyway entitled to be treated as a European “migrant”. This is an anomaly brought on by the Northern Ireland situation where most persons born there are dual Irish-British and Catholics tend to declare themselves as Irish and Protestants as British. (See the appendix to the Belfast Agreement for more on this.)
- It is wildly improbable that you would be refused a fiancé visa on the bare facts given, assuming the other requisites are there (freedom to marry, age, fiancé’s ability to support…) But the European option is cheaper if your spouse can do that, given his present employment if any. And one workaround for that is to live in Ireland or France or Belgium and for him to work in England and commute “home” there on weekends. Weekend commuters get particular concessions in European law. And, as I said, after six months a European (or EU or Swiss) citizen having availed him/herself of the right of establishment etc. retains European migrant rights in his or her own country.
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