Child Student visa in UK from Bangladesh

by Tahmidur Remura Wahid | Dec 19, 2022 | 2023, Law

Child Student visa in UK and how to get it:

The Child Student Visa is for children who are not from the UK or Ireland and want to study in the UK.

For applicants to be chosen, they must:

• Have a firm offer to take a course from a private school that qualifies
• Show that they have enough money to pay for the course and take care of themselves while they are taking it.
• Have their parent or legal guardian's written permission to study in the UK.
• The Tier 4 (Child) Student Visa no longer exists. The Child Student Visa has taken its place.

You can apply for the visa outside of the UK six months before the start of your course, and you will likely hear back in three weeks.

If you live in the UK and want to apply, you can do so three months before the course starts, and you should hear back in about eight weeks.

Those with a Child Student Visa who are under 16 years old can stay in the UK for the length of their course plus four months, which can be up to six years.

Visa holders who are 16 or 17 years old can stay for the course length (up to three years) plus four months after the course ends.

If you are eligible, you may be able to extend the visa so that you can keep studying in the UK.

Who can apply for the UK Child Student Visa?

Children aged between 4 and 17 years old can apply for the Child Student Visa. There are strict eligibility requirements involved in this immigration category to obtain entry clearance.

Applicants must ensure that the following applies to their situation:

• Must be a genuine student with a confirmed place at an independent fee-paying school
• Application is submitted within the required timeframe
• Confirmation of Acceptance for Studies (CAS) has been issued
• Parental or guardian written consent has been confirmed
• No record of overstaying a visa or breaching immigration rules
• Adequate finances to pay fees and maintain themselves throughout the duration of the course
• English language skills to the required level
• Evidence of required qualifications
• Evidence that the child will return to their home country when their course is finished

There are several requirements related to the types of eligible courses, and only specified educational institutes may be issue a Certificate of Sponsorship to the visa applicant.

What is the points requirement?

In order to be eligible to come to the UK as a Child Student, the child must obtain the following points:

Financial requirements

Child students must be able to demonstrate on their application that they have enough funds to be supported throughout their course.

The child student is not allowed to work until the age of 16, and then they may only work under certain conditions.

According to the Home Office (UK government department in charge of immigration), this includes the requirements below (where the child has been in the UK for less than 12 months at the time of application):

If the child student is using a student loan of government grant/ scholarship, they are required to have held the funds requirement for a period of 28 days.

How to apply for the UK Child Student Visa

To get the best chance of getting your Child Student Visa, you should carefully prepare before you send in your application.

If you aren't sure how to apply, you should talk to an experienced immigration lawyer who can help you.

Follow the steps below to get a Child Student Visa:

1. Apply to the most appropriate educational institute based on your situation
2. Receive an unconditional offer from the school
3. Submit a request for your Confirmation of Acceptance for Studies number
4. Identify your nearest visa application centre
5. Book a TB test (where relevant) and identify the coronavirus public health requirements (e.g., PCR tests, quarantining, etc.)
6. Ensure that you have the relevant supporting documents
7. Fill out the application form
8. Pay the application fee and immigration health surcharge (where relevant) to the Home Office
9. Book your biometrics appointment at your visa application centre (where relevant)
10. Attend your visa interview (where relevant)
11. Submit your information to get your biometric residence permit (where relevant)
12. Wait for a decision to be issued on your visa application

To maximise your chance of a successful application, you should ensure:

• Ensure that you meet the eligibility requirements
• Gather your supporting information in plenty of time
• Ensure that your documents are presented in the appropriate format
• Complete each section of your application fully and truthfully
• Follow the advice of your sponsoring institution

Parent of a Child Student Visa

If your child holds or is applying for a Child Student Visa, you may be eligible to apply for the Parent of a Child Student Visa.

To be eligible, the following must apply to your case:

• Your child is aged between four and eleven years old
• Your child is attending an independent school in the UK
• You are the only parent of your child accompanying them in the UK
• You continue to maintain your primary residence in your country of residence
• You have concrete plans to leave the UK when your visa expires

You can stay in the UK until your child's visa runs out or until they turn 12 years old, whichever comes first (whichever happens first). If you meet the requirements, you might be able to get the visa extended.

If your child stays in the UK to study after this age, you must make sure that plans are in place to take care of them.

You can't work, study, start a business, get benefits, or bring another family member to the UK while you're there.

You are also not allowed to live in the UK as your main home.

What documents do you need to apply?

To apply for the Child Student Visa, you will be required to submit some of the following documents to the Home Office.

• Valid passport or travel document
• Confirmation of Acceptance for Studies (CAS)
• Health certifications (where relevant)
• Evidence of financial maintenance and proof of payment of course fees (e.g., bank statements or other financial evidence)
• Confirmation of consent from parent or guardian
• Proof of payment of tuition fees, accommodation costs, etc.
• Certified translations of documents in a language other than English or Welsh

There may be additional documents required depending on your circumstances. You will be required to demonstrate your eligibility for the visa with a comprehensive set of documents.

Can you extend the visa?

The Child Student Visa is given out based on how long the child will be in school and how old they are.

If the 16- or 17-year-old child is taking a course that lasts longer than the maximum of three years, they will have to apply again before the end of their stay.

Students from outside the UK who are at least 18 years old and want to continue their studies in the UK must apply through the Student Visa route.

Most of the time, the time you spend in the UK on a Student Visa or Child Student Visa does not count toward Indefinite Leave to Remain (ILR).

FAQ on Child Student visa in UK from Bangladesh:

What is the Child Student Visa?

The Tier 4 Student (Child) Visa has been replaced by the Tier 4 Student (Child) Visa. The Tier 4 Student (Child) Visa was for international students between the ages of 4 and 17 who were not British or Irish citizens.

The visa lets children who qualify come to the UK to study for a certain amount of time. Visa holders can only study at private schools that charge a fee.

There are a number of requirements to meet in order to be eligible, such as having enough money to pay for school fees and living costs for the whole term.

About 25,000 international children from other countries study in the UK. For day students, the cost of an independent school is just over £15,000 per year, and for boarders, the cost is around £36,000 per year.

Can a child with a Visitor Visa go to school?

With a Visitor Visa, people can come to the UK for a short time to do certain things. The Short-term Study Visa is one type of Visit Visa.

This lets people take up to 11 months of short-term courses, which are usually English language classes. These courses can't count toward a degree.

Most of the time, a child student from outside the UK who wants to study in the UK will need to apply for a Child Student Visa and apply to an independent fee-paying school.

Can my child study in the UK?

The applicant must show that they have been accepted onto a course at an independent, fee-paying school. They must also have written consent from their parent or legal guardian.

This visa will need to be applied for from the child’s country of residence.

Proof of sufficient funds, which cover the child’s study period in the UK must be provided. In addition, identification documents and a lengthy application form must also be submitted.

Which schools can I send my child to?

With this type of visa, a child can go to any independent school in the UK.
But the visa holder can't go to an academy, a school run by the local government, or a state-funded school.

Our experts know a lot about the rules and regulations that the Home Office follows when giving out Child Study Visas. They will be able to tell you what you and your child can do with this visa.

How long can a child with a Child Study Visa stay in the UK?

Most of the time, the child can stay in the UK for the whole length of their course.

Then, after their course is over, they can stay for another four months. After that, they will have to leave the UK unless they have asked to stay longer or changed to a different type of immigration.

If your child is going to school for less than six months, you will need to apply for a Child Visitor Visa.

So overview:

Overview

You can apply for a Child Student visa if you’re between 4 and 17 years old and you want to study at an independent school in the UK.

You must:

• have an unconditional offer of a place on a course at an independent school
• be able to show you’ll have access to enough money to support you in the UK and pay for your course
• have the consent of your parent or guardian to study in the UK - you’ll need to prove this when you apply

If you’re 18 or over, apply for a Student visa instead.

This visa has replaced the Tier 4 (Child) student visa.

Points requirement

The Child student visa is part of the UK points-based system for immigration, hence applicants will only be considered if they score all of the following points:

How can Tahmidur Rahman Remura Wahid help?

Tahmidur Rahman Remura Wahid specialises in all aspects of Child Student visas and Parent of a Child Student visa applications. If you engage our services, we can:

• Check if your child is eligible for a Child Student visa and provide further guidance
• Handle Child Student Visa application process from the outset to completion
• Handle visa refusal of a Child Student Visa application
• Advise on gaining ILR the UK for your child

For assistance with your child’s Child Student Visa application, please speak to our immigration lawyers for a free telephone consultation on 01847220062 or 01779127165 or by email at info@trfirm.com

References

¹ GOV.UK: Exception to financial requirement for child study visa

² GOV.UK: Applying from outside the UK

³ GOV.UK: Switch to a child study visa

Hire the best Immigration law firm in Bangladesh:

The best immigration lawyer in Bangladesh works for Tahmidur Rahman Remura. We have long-term experience helping our local and expatriate clients get work permits, permanent residences, and visas all over the world. When processing visas for clients, the immigration law firm in Bangladesh looks for a number of things.

Email: info@trfirm.com

Phone: +8801847220062 or +8801779127165

Indefinite Leave to Remain in UK from Bangladesh

by Tahmidur Remura Wahid | Dec 19, 2022 | 2023, Law

Indefinite Leave to Remain in UK

Indefinite Leave to Remain (ILR) 

Indefinite Leave to Remain (ILR) commonly known as 'Settlement' allows you to settle in the UK on a permanent basis and work in the UK without restrictions.

You can apply for Indefinite Leave to Remain (ILR) in the UK once you have lived in the UK for a certain number of years as required by the Immigration Rules.

If you need legal assistance with your Indefinite Leave to Remain (ILR) / Settlement application, please feel free to contact us to get immigration advice and legal assistance with your ILR application.

What are the different routes to ILR?

Below is a list of the few common routes to Indefinite Leave to Remain (ILR):

• ILR After 10 Years Long Residence
• ILR as a Spouse (5 Year Route)
• ILR as a Skilled Worker (5 Year Route)

Need Legal Advice & Assistance?

We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish. 

ILR After 10 Years of Living Abroad

Tahmidur Rahman Remura can help you get the Long Residence (ILR) visa for 10 years. You may be eligible for the 10 Years Long Residence (ILR) visa if you have lived in the UK for ten years without leaving. We can help you figure out if you are eligible for the 10 Years Long Residence (ILR) visa and help you fill out the necessary forms and documents.

Fees and how long it takes

The fee depends on what you’re applying for.

You’ll also need to have your biometric information (fingerprints and a photo) taken - there’s no fee for this.

You’ll usually get a decision within 6 months if you apply using the standard service.

Eligibility requirements

Applicants must meet the following rules to be eligible:

• They must be allowed to stay in the UK (can fall under one or more immigration categories)
• They must have lived in the United Kingdom for at least 10 years (Continuous Residence)
• Must have stuck to the rules on their UK visa.
• Applicants between the ages of 18 and 65 must be able to speak English and pass the Life in the UK Test.
• Applicants who don't meet the English language requirements and the Life in the UK Test have to wait ten years before they can apply again. This ten-year period starts from the time they entered the country with a visa or were given permission to stay.

Because of the referendum, neither the status nor the rights of European Union citizens living in the United Kingdom nor those of British citizens living in the European Union changed.

You must meet all the eligibility requirements.

Other ways you can stay

There is a different way to apply for indefinite leave to remain if you have a visa that’s on the basis of your private life (because of the time you’ve spent in the UK).

If you’re not eligible because of the time you’ve spent in the UK, there are other ways to apply for indefinite leave to remain.

If you’re not eligible for indefinite leave to remain, you may be able to extend your stay for another 2 years (known as ‘leave to remain’). You need to have already been in the UK legally for 10 years without gaps (known as your ‘continuous residence’).

Continuous residence

Continuous residence is how long a person has lived in the UK without leaving or coming back. During the Continuous Residence period, applicants can leave the country for up to 180 days at a time, or 540 days in total. The time spent in prison, a secure hospital, a young offender's institution, the Isle of Man, the Republic of Ireland, or the Channel Islands is not counted.

Required documents

The following documents must be submitted by applicants:

• Valid passport and travel identification card
• If they have one, their biometric residence permit
• Every passport they had while they were in the country was taken away.
• If they have one, a copy of their police registration card.
• Two color photos the size of a passport
• Requesting to live in the UK

People who want to move to the UK need to show the following documents:

The same documents as above Biometric information, such as fingerprints and a picture (they will have to visit a Post Office that accepts Biometric Information)

Within six months of applying for a 10 Years Long Residence (ILR) visa, applicants will know how their application is going. Some applications may take longer if they need to verify supporting documents, if they need to come in for an interview, or if they have a criminal record or have been convicted of a crime.

Visa extension

To get a visa extension, applicants must give the following information:

The same documents as above Biometric information, which includes fingerprints and a picture (they will have to go to a Post Office that accepts Biometric Information). They can apply for the 10 Years Long Residence (ILR) if they meet all of the established eligibility requirements. They don't have to wait until their visa runs out before they can apply for 10 Years Long Residence (ILR).

Relatives

Relatives of people who want to live or visit the UK will need to apply for a visa on their own. They can only apply if they depend on the person who is applying. A dependent includes:

• Partner
• Children under 18
• The relatives can't be listed as dependents on the application.

Relatives who do not qualify

If the applicant's application to stay in the country is approved, the applicant's partner can apply to live in the UK as the partner of a settled person if they don't meet the requirements to apply on their own. They can have any child under the age of 18. Children over 18 who don't have the right to apply to live in the UK on their own may have to leave the country.

ILR as a Spouse (5 Year Route) 

As a spouse or partner in the UK, you can apply for Indefinite Leave to Remain (ILR) by filling out the SET (M) application form online after you have lived there for at least 5 years with a spouse visa (5 years route).

The application will be looked at based on the requirements of the Immigration Rules, which are listed in Appendix FM.

As the spouse of a British citizen, you will be able to apply for British citizenship as soon as you get your ILR. You won't have to wait a year after getting your ILR.

We know how to handle all kinds of ILR applications. We will do everything that needs to be done on the application until we hear back from the Home Office UKVI.

Requirements for ILR as a spouse (5-year route)

The most fundamental requirements for ILR application as a Spouse are as mentioned below:

1. Financial Requirement
2. Continuous Residence
3. Suitability Requirement
4. English Language Requirement
5. Life in the UK Test Requirement

What we do

Tahmidur Rahman Remura Wahid visa team handles all aspects of Indefinite Leave to Remain (ILR) applications, including:

• Checking your eligibility for an Indefinite Leave to Remain (ILR)
• Preparing and submitting Indefinite Leave to Remain (ILR) applications
• Overcoming any problems with Indefinite Leave to Remain (ILR) eligibility
• Overcoming the refusal of Indefinite Leave to Remain (ILR)

Please contact our UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information so that we can advise you on the chances of success in your application in particular if you have any exceptional circumstances or any adverse personal or immigration history.

ILR as a Skilled Worker (5 Year Route) 

To apply for Indefinite Leave to Remain (ILR) as a Skilled Worker, the applicant must show that he worked for the employer who sponsored his stay in the UK for the whole time he had a work permit or Tier 2 General.

The person applying for ILR should also get a letter from the employer who paid for him to stay in the UK. This letter should say that the person has been working for the employer and that the person is still needed for the job for which he was paid to stay in the UK.

We know how to handle all kinds of ILR applications, and if you ask us to, we'll do all the work on the application until the Home Office UKVI makes a decision.

Please contact our UK immigration experts so they can fully assess your eligibility for ILR by looking at all the relevant information. This way, we can tell you how likely it is that your application will be approved, especially if you have special circumstances or a bad personal or immigration history.

ILR requirements & eligibility

There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain.

The most fundamental requirements are:

• Continuous Residence
• English Language Requirement
• Life in the UK Test
• Suitability Requirement 

Continuous residence requirement

Continuous lawful residence in the UK  is the main requirement of Indefinite Leave to Remain (ILR) applications. Continuous residence means the time you've spent in the UK without gaps.

ILR applicants are required not to be absent from the UK for more than 180 days in any 12 months during the ILR qualifying period. Such restriction of 180 days does not apply to ILR applications as family members of British Citizens and settled persons.

What we do

Tahmidur Rahman Remura' ILR visa team handles all aspects of Indefinite Leave to Remain (ILR) applications, including:

• Checking your eligibility for an Indefinite Leave to Remain (ILR)
• Preparing and submitting Indefinite Leave to Remain (ILR) applications
• Overcoming any problems with Indefinite Leave to Remain (ILR) eligibility
• Overcoming the refusal of Indefinite Leave to Remain (ILR)

Please contact our UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information so that we can advise you on the chances of success in your application in particular if you have any exceptional circumstances or any adverse personal or immigration history.

ILR requirements for different immigration status 

To be eligible for ILR, you must first be in the UK with lawful status under a category that specifically leads to settlement, for a time period stipulated under the category:

ILR for dependants

You can also file for ILR on behalf of your husband, partner, and children if they depend on you.

Dependents can include:

Partner means a spouse, civil partner, or any other romantic partner (partners must either be in a civil partnership or marriage or, if not, have been living together for at least 2 years)
Children under the age of 18
Children over the age of 18 who depend financially on the main visa holder

Also, they have to meet the requirements for the Life in the UK test, the English language requirement, if it applies, and the continuous residency requirement.

Some ways to get ILR involve meeting a certain amount of money. For the Skilled Worker five-year route, you and your partner must usually have a combined income of at least £18,600 per year. If you have children who aren't British or Irish, don't have pre-settled status, and aren't permanently settled in the UK, you may be able to get more money. If you need to prove that you earned the extra money, you must earn the following over and above £18,600:

• Your first child will cost you £3,800 a year.
• For each child after your first, you get £2,400 a year.

Most of the time, family members can apply for ILR at the same time as the main visa holder. This is because they got their visas at the same time and for the same amount of time as the main visa holder.

But if they came to the UK after the ILR qualifying time, they may have to wait until then. If a family member can't get an ILR as a dependent, they may still be able to live in the UK through the EU Settlement Scheme, family visas, or the 10-year residency route. Get advice about what you can do.

ILR turned down?

Please know that you can usually get settled in the UK even if your ILR application is turned down or if the application of a family member who depends on you is turned down. You just need to know what to do.

First of all, you can appeal the decision if you can show that your request for permanent permission to stay was based on human rights grounds. If this is true of your application, an immigration lawyer can help you figure out what to do. But most ILR applications are not based on respecting human rights, so they can't be questioned. But there are still other things to do. You can appeal a decision not to give you ILR in the following ways:

• You can ask for a judicial review if you think UKVI made a mistake when it turned down your application.
• To challenge the legal reason for the refusal, an administrative review is needed.
• In some situations, it would be best to fill out a new ILR application.

Need Legal Advice & Assistance?

We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish. 

ILR requirements FAQs

What are the requirements for ILR?

For most immigration routes, such as the Skilled Worker Route and spouse visa, the minimum ILR requirement is continuous residence of at least five years. 

Can I apply ILR before 28 days?

It is possible to submit your ILR application up to 28 days before the end of your qualifying period. If you apply earlier, you will not be eligible and your application is likely to be refused. You will however need to ensure you apply you should apply before the end of your permitted stay in the UK.

How long is ILR valid for?

ILR is indefinite, however it may expire after 2 years absence from the UK, regardless of the expiry date on your proof of ILR, such as the BRP or passport stamp.

How much does ILR cost?

The Indefinite Leave to Remain (ILR) application fee charged by the Home Office is £2,404 per applicant as of 6 April 2023 .

Can I apply for ILR after 3 years?

If you have an Innovator or Global Talent visa, you may become eligible for ILR after 3 years if certain conditions apply.

Can I apply for ILR after 5 years?

For most eligible visa routes, holders can apply for ILR after five years.

Hire the best Immigration law firm in Bangladesh:

The best immigration lawyer in Bangladesh works for Tahmidur Rahman Remura. We have long-term experience helping our local and expatriate clients get work permits, permanent residences, and visas all over the world. When processing visas for clients, the immigration law firm in Bangladesh looks for a number of things.

Email: info@trfirm.com

Phone: +8801847220062 or +8801779127165

Spouse visa in UK from Bangladesh

by Tahmidur Remura Wahid | Dec 19, 2022 | 2023, Law

What exactly is the Spouse Visa in UK?

A Partner Visa UK, also called a UK Spouse Visa, is a settlement visa that lets you live in the UK for up to 30 months with your British partner. It is one of the types of visas for families.

If you meet certain requirements, it can be extended for another 30 months. Getting a Partner Visa is the first step toward getting Indefinite Leave to Remain (ILR) and, eventually, British citizenship.

To get a UK Spouse Visa and enter the UK, you must be married to or in a civil partnership with a British citizen, UK settled person, or UK refugee. The main requirements for eligibility are showing proof that you are in a real relationship and meeting certain financial requirements.

Contact our immigration lawyers to get professional advice on your UK Partner Visa case and to find out how you can enter the UK and get permission to stay with your UK citizen partner.

Note that this visa is different from the UK Marriage visitor visa, which only lets you come to the UK to get married or start a civil partnership, whether your partner is a British citizen or not.

What is a Spouse Visa for the UK?

A UK Spouse Visa is for people over 18 who don't live in the UK but are engaged, married, or planning to be civil partners with someone over 18 who lives in the UK. The UK partner visa is a type of settlement visa.

Whether or not your partner meets the requirements depends on their situation. You need to apply for a UK Partner Visa if you are coming from outside the European Economic Area to live with your partner or spouse in the UK.

With a Spouse Visa in the UK, you can work just like a British citizen. But you can't get most benefits, like government money, housing allowance, or tax credits.

Who is eligible to apply for a Spouse Visa?

A UK Spouse Visa can be requested if you are:

• 18 years old or older
• Marriage or a civil partnership that the UK recognizes
• married to a British citizen or a person who lives in the UK
• You've been in a relationship for two years and have been living together.
• You are engaged or have a Fiance Visa UK and will get married in the UK within 6 months.
• If their partner is eligible, a British citizen can send the leave to remain forms on their behalf. You must write down their name and information as the applicant's details.

What do you need to get a Spouse Visa?

Before you apply for a UK Spouse Visa, you need to do the following:

• Have all the paperwork you need.
• Give the "Genuine Relationship Test" a try.
• Meet the minimum financial and income requirements.
• Show how well you know the English language.
• Have proof that you, your partner, and any dependents will have a place to live.
• Get your fingerprints and photo taken to get permission to stay.
• Depending on where the applicant lives, they may also need to pass a medical test to show they don't have Tuberculosis (TB).

What does "Genuine Relationship Test" mean?

The person who wants a UK Spouse Visa must be in a real relationship with their British citizen partner, such as a civil partnership. You can send the Home Office a lot of different kinds of proof, such as:

• A joint mortgage or rental agreement in or outside of the UK
• Proof that you have children together, like a birth certificate
• Photos that show you two have spent a lot of time together
• A joint checking or savings
• Text messages or records of online chats
• Proof that you've both been to see each other at least once before you got married.
• Any papers that show you plan to live together in the UK

What are the money requirements for a Spouse Visa?

The UK citizen in the relationship is called the "sponsor," and he or she must meet certain requirements.

First, you will need to show that you and your wife/husband/partner have enough money to support yourselves without getting help from the government.

If there are no children who need help, the UK spouse needs to make at least £18,600 before taxes.

If you have one child who depends on you financially, you will need a pre-tax income of £22,400. The sponsor will have to pay an extra £2,400 for each child after the first one.

What if I don't have enough money to meet the requirement?

If you don't have enough money from all the listed sources of income to meet the mandatory Partner/Spouse Visa financial requirement, or if you're not sure about your income, talk to one of our expert immigration lawyers, as there may be special circumstances.

What are the documents you need for a Spouse Visa?

Making sure you have all the right documents to back up your application for a UK Spouse Visa will help make sure it is accepted and prevent delays.

Here are the papers you need to send to the Home Office to get the right to stay in the UK:

• Your original certificate of marriage or civil union
• Proof that you and your partner have lived together for at least the past two years
• To get permission to stay in the UK, you need a valid passport.
• A valid certificate to show that you can speak and write in English
• Proof of where to stay
• Demonstrating that the relationship is real
• Proof that you make enough money and meet the other requirements.
• Proof that you are married to a British citizen or a person who lives in the UK (for example, UK citizens can submit a copy of their passport)
• Please keep in mind that any documents that are not written in English need to be accompanied by a professional translation. All proof must be in the exact format that the Home Office asks for.

What kinds of income can be used to meet the financial requirements for a Spouse Visa?

To meet the UK Spouse Visa application's minimum income requirement, you can:

• Savings over £16,000
• Earnings from a job or from working for yourself
• Pay for childbirth, adoption, or being sick
• Pensions
• Other sources of income, such as rent or shares,
• If your partner is applying from outside the UK, they can use their savings, but not their earnings, to help reach the total income amount. Still, if your partner works in the UK, their income can be added to the total amount.

You can also use a mix of savings and earnings to help you meet the minimum income threshold. But you will have to show that you have enough money to cover the whole length of the permit.

To figure out how much you will need to save, take your minimum requirement and subtract any other income that you can use. Then, take this number, multiply it by 2.5, and add 16,000.

Can I use benefits money to help my case?

In some cases, you won't have to meet the mandatory eligibility requirements. For example, if you want any of the following benefits:

• Disability Allowance for living
• Allowance for a severe disability
• Industrial Injuries Disablement Benefit Attendance Allowance
• Allowance for Carers
• Personal Independence Payment
• Armed Forces Compensation Scheme Armed Forces Independence Payment or Guaranteed Income Payment
• Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension through the War Pensions Scheme.
• Police Pension for Injuries
• You will need to show that you have enough money to take care of your dependents, though. This is called "adequate maintenance," and the exact amount you need will depend on your own situation.

After paying for housing, you will usually need at least £120 per week. This amount will go up if you have a child or children.

What is the English Language Test for the Spouse Visa?

Those who want to live in the UK have to show that they can speak English. After you pass an English Language Test, the result is good for two years.

If you want to stay in the UK with your UK spouse, you must take an English test that checks how well you can speak and listen in English. Only if you take your English test through an approved Secure English Language Testing (SELT) Provider will your qualification be valid.

At the moment, SELT tests for immigration purposes are only available through Trinity College London or the IELTS Consortium.

You don't need to take an English test if:

• Are a citizen of a country where most people speak English
• Are younger than 18 or older than 65 Have a long-term physical or mental illness
• Have a degree or some other type of education where English was taught or researched. Your degree will only be valid if UK NARIC says it is.

What are the rules for housing for a UK Spouse Visa?

As part of your application for a UK Spouse Visa, you will need to show proof that you have a place to live that meets UK living standards.

Your UK national partner, who acts as your sponsor, will need to show that he or she can provide enough housing for themselves, the applicant, and any dependents who plan to live in the UK.

The Home Office will ask you for the following as proof that you have a place to live:

A description of the home where you and your spouse plan to live
Proof that the property has enough rooms for everyone. Proof that you can afford to pay for your family's room and board.

How can I meet the requirements for housing on a Spouse Visa?

To be eligible, your home needs to have enough rooms for the couple and any dependents. Each person needs his or her own room, but:

• Two people can sleep in the same room.
• You can include living rooms when you count bedrooms.
• Children under 1 don't need their own room.
• Children between the ages of 1 and 9 are counted as half a person.
• Children who are 10 or older are considered adults.
• Children of the same gender who are 10 years old or older cannot share a room.
• This means that two kids younger than 10 can share a room, and babies younger than a year can live with the couple.

How to get a visa for your spouse

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Make sure you start your Spouse visa application before you move to the UK, and don't book your flight or travel before you hear from the Home Office that your visa has been approved.

The process of applying for a UK Spouse visa can start online from outside the UK by filling out Appendix FM and other forms. But as part of the process, you may need to go to a visa application center to give your biometrics. Keep in mind that you need to fill out several forms and documents correctly and provide enough proof to improve your chances of getting a UK Spouse or Partner visa.

If you want to switch to a UK spouse visa from inside the UK, the process is different. You will need to show proof that you are in the country on a valid visa.

When the Home Office looks over your application, if they have any doubts about it, you may be asked to come in for a Spouse visa interview. During the interview, you will be asked questions to find out if your relationship is real and if you really want to live in the UK.

The process of getting a Spouse visa can be long and hard to do by yourself. We can assist. Call us now at 0333 363 8577 or send us a message online to talk to one of our immigration lawyers about your Spouse Visa UK application.

How much does it cost to get a UK Spouse Visa?

The current fee for an application sent from outside the UK to the Home Office is £1,523. The cost goes down to £1,033 if you submit your application from inside the UK. This fee will go up if you have dependents, and it will go up again for each dependent.

You can only apply from inside the UK if you are not trying to enter as a tourist or have permission to stay for more than 6 months. You also can't apply for a fiance(e) or proposed civil partner permit from inside the UK.

When you send in your forms for a UK Spouse Visa, you should think about the extra costs that come with it. Among these are:

• Documents that are not in English or Welsh will be translated by professionals.
• An approved English test, which is a requirement for most people who want to apply.
• If you want a response from the UKVI within five working days, you will have to pay extra for the Priority Premium Service from the Home Office.
• Health fees for immigrants

What will happen if my application for a UK Spouse Visa is accepted?

If your application is accepted, you will be given permission to stay in the UK, which lets you come back within 30 days. You will have 10 days from the time you arrive in the UK to get a Biometric Residence Permit (BRP).

If you don't make it to the UK within this time, you can apply for another 30-day entry permit. You will be charged an extra fee, though.

What happens if my application for a Spouse Visa is turned down?

If your case is turned down by the Home Office, you can file an appeal. This is a long and difficult process that is best done with the help of an immigration consultant.

Tahmidur Rahman Remura Wahid can help you in every way with your case. If you need help with your Spouse Visa appeal, please contact us, and one of our immigration experts will be able to help you.

We have offices in London, Manchester, and Birmingham, among other places in the UK. You can also use the office finder to locate the branch that is closest to you.

Can I extend my UK Spouse Visa or renew it?

If your current leave to remain hasn't run out, you can renew and extend your UK Spouse Visa for another 2.5 years.

After living in the UK on a Marriage visa for a total of 5 years, you can apply for settled status (ILR). If you need to renew your UK Spouse Visa, talk to one of our lawyers.

How long does it take to get a Partner Visa?

Processing a UK Spouse Visa case usually takes between 2 and 12 weeks.

The time it takes to process a Partner Visa depends on what documents are sent and where the application comes from.

Spouse Visa appeal process:

If you want to file an appeal for a Spouse Visa, you should move quickly and follow the steps below:

• Send your appeal to the Immigration and Asylum Chamber within 28 days if you are outside the UK or 14 days if you made your application in the UK.
• Make sure the reasons you want to appeal are valid and likely to be accepted.
• Prepare your case so that you can send the Immigration Tribunal the best application you can.
• Collect the documents that show why your application should be approved.
• Go to the Tribunal for your hearing (if relevant)
• How long does it take to appeal a Spouse Visa?
• The appeals process can take a long time, which is not good. Some people who want to appeal a Spouse Visa denial may have to wait up to a year or even longer for a decision.

Some of the reasons why someone might say no are:

• Not meeting the language or money requirements
• Not being able to prove that the marriage is real and still going on
• Not sending in the right documents to back up your claim
• Incomplete or inaccurate application
• The best way to avoid having to go through the Spouse Visa appeal process is to make sure that your first application is as accurate as possible.

Application form FLR(FP)

You must complete the form FLR(FP) to make a Spouse visa application under 10 years route. You can use FLR(FP) form online to extend your stay as a Spouse.

What is the Spouse visa 5-year route?

If you meet all the requirements of Appendix FM, you can apply or switch to a Spouse visa 5-year route to settlement. It means you can apply for Indefinite Leave to Remain (ILR) as a Spouse after spending 5 years on a spouse visa.

Can I switch from a Spouse visa 10-year route to a 5-year route?

Yes, you can switch to a Spouse visa 5-year route anytime if have leave to remain as a spouse under the 10-year route and you meet all the requirements of Appendix FM of the immigration rules.

If you do switch to the Spouse visa 5-year route from the 10-year route, then any time spent on the 10-year route will not count towards your qualifying period for ILR.

Appeal against Spouse visa refusal

If your UK spouse visa application under the 10-year route has been refused and you think the spouse visa refusal is unlawful, then you may be able to appeal against the decision.

Book an appointment with our immigration solicitors to discuss the spouse visa refusal letter, appeal process, costs involved and the appeal processing time.

How can Tahmidur Rahman Remura Wahid help?

Applications for a spouse visa can be complicated, so it's best to hire an expert in immigration. You'll need to make sure you meet all of the necessary requirements, fill out the right forms, and gather your proof to send in. This will need to be detailed and show that you are really in a relationship.

At Tahmidur Rahman Remura, we know how important it is to be close to your loved ones, so as the only international law firm in Dhaka, we do everything we can to help you do this.

Our team of experts on immigration can help you with every step of the process for getting a Partner Visa in the UK. Our services include:

• communicating with you face-to-face, by phone, or via Skype at a time that works for you;
• figuring out if you are eligible, making sure your documents are enough for your Partner Visa application,
• making sure you have enough evidence to prove your relationship is real;
• putting together a Letter of Representation to send along with your application;
• communicating with the Home Office until your case is resolved; filling out each part of your application form to the highest standard.

Hire the best Immigration law firm in Dhaka:

The best immigration lawyer in Bangladesh works for Tahmidur Rahman Remura. We have long-term experience helping our local and expatriate clients get work permits, permanent residences, and visas all over the world. When processing visas for clients, the immigration law firm in Bangladesh looks for a number of things. Such as following the rules when it comes to documents, processing, and keeping in touch with the Bangladesh passport offices regularly.

Email: info@trfirm.com

Phone: +8801847220062 or +8801779127165

Skilled Worker visa in UK from Bangladesh

by Tahmidur Remura Wahid | Dec 19, 2022 | 2023, Law

Skilled Worker Visa in UK in 2023

What is a Visa for Skilled Worker?

The Tier 2 (General) work visa has been changed to the Skilled Worker visa. This permit lets people who are eligible stay in the UK to work for a sponsor or employer who has been approved.

You can apply for the free EU Settlement Scheme if you or a close family member are from the EU, Switzerland, Norway, Iceland, or Liechtenstein and moved to the UK before January 1, 2021. This means that you wouldn't need a visa to work in the UK. Irish people don't have to fill out an application for the EU Settlement Scheme or a visa.

Tahmidur Rahman Remura Wahid TRW immigration lawyers can help you get into the UK to do a specialized job if you are a skilled worker. You can reach our team at 01779127165.

Skilled Worker Visa Requirements

To get a Skilled Worker Visa, you must be sponsored by an employer in the UK. Also, you must meet the following rules to be eligible:

• You must be at least 18 years old. The job you want to do requires a valid Certificate of Sponsorship (CoS).
• Your job is a genuine vacancy
• Your job is at the right level.
• You will be paid a salary that is at or above the general salary threshold and the "going rate" for your job. Your sponsor has paid the required Immigration Skills Charge.
• You can show how good your English skills are (at least CEFR Level B1)
• You don't have to get money from the government to support yourself and your family.
• You can provide a criminal record certificate
• You can provide a valid TB certificate (if needed)
• Job eligibility

For a Skilled Worker Visa, you must have a job offer from a UK employer that meets all of the following criteria:

Under the new Skilled Worker Visa route, your job must be skilled to at least RQF level 3 to qualify for the visa (roughly equivalent to A-levels).

• You must be paid at least the "going rate" or minimum wage for the kind of work you will be doing. At least £25,600 per year is the minimum salary.
• Your employer must have a Certificate of Sponsorship and be approved by the Home Office.
• You must have a code for your job. If you've already been offered a job, you'll need to ask your employer for your code.
• Also, you must be able to show that the employer is paying for you to fill a real job opening. If the Home Office thinks that the job was made just for you to get the Skilled Worker visa or that it is a fake job, your application will be denied.

The need to speak English

To get a Skilled Worker Visa, you must show that you can speak English well. This must be at level B1 or higher (intermediate). You can meet this requirement in one of two ways:

Be a citizen of a country where most people speak English. Pass a Secure English Language Test. Get a GCSE/A Level or Scottish Highers in English while you were in school in the UK.
Have a degree taught in English Have already met this requirement as part of a previous application for entry clearance
Financial requirements

Under the Skilled Worker Visa, the general salary limit is £25,600 a year. This means that your salary must be at least this amount or 100% of the going rate for the job, whichever is higher. The assessment will be based on basic gross pay that is guaranteed.

Some workers could be paid less than the above amount if they get more "tradable points" for things like:

• Having a PhD in a STEM field related to the job or in a field related to the job
• Accepting an offer for a job on the list of jobs that are in short supply
• Applicants who are just starting out on the job market
• Jobs in health or education get the most applications.
• You will need to meet other financial requirements as well as the minimum salary threshold. You must have at least £1,270 in cash on hand to take care of yourself in the UK. This money needs to be in your bank account for at least 28 days straight before you apply.

What does a Skilled Worker Visa cost?

Depending on your situation, the fees for applying for a Skilled Worker visa range from £610 to £1,408.

When you apply for your visa, you also need to think about the following costs:

• Surcharge for health care: £624 per year
• You must have at least £1,270 on hand to show that you will be able to take care of yourself in the UK. You might not have to pay if you've been in the UK for at least 12 months with a valid visa or if your employer pays for your first month there.
• Getting a job with your family

Your partner and children can apply to move to the UK with you as your dependents if they are eligible. You can put on your application the following members of your family:

• Your spouse, civil partner, or partner who is not married
• Your children under 18
• Your children who are over 18 and living with you in the UK as long as they are not married.
• You must show proof of your relationship when you send in your application.

How to apply for a visa for a skilled worker

Online forms are used to apply for a Skilled Worker visa.

After you fill out your application, you must show that you are who you say you are. You can either go to a visa application center and give your biometrics (fingerprints and a photo) or use the "UK Immigration: ID Check" app to scan your identity document.

You will also have to pay the application fees and send in the documents.

You can only follow the steps above if you are outside of the UK. If you are already in the UK, you will have to apply to switch from the visa you use to stay there to a Skilled Worker visa. If you have any of the following visas, you cannot switch:

• Visitor visa
• Short-term student visa
• Parent of a Student Child Visa
• Seasonal worker visa
• Visa for a domestic worker in a private home
• Bail for immigrants
• Permission to stay in a country without following the rules
• If you have any of the above visas, you will have to leave the UK and apply from outside the UK.

How long does it take to get a skilled worker visa?

You can apply for a UK visa up to three months before you plan to start working there. This date can be found on your sponsorship certificate.

Depending on your situation, the Home Office may need more time to look over your documents and make sure you are who you say you are. Because of this, you should always give yourself more time and get your application in on time.

If you are outside the UK, it usually takes about 3 weeks to hear back from the Home Office. You may have to wait up to 8 weeks if you already live in this country.

How to get a Skilled Worker visa extension

Depending on your situation, your Skilled Worker visa will end after a certain number of years. You can ask to have your permit extended if you meet the following:

• You still do the same job you did when you first got your visa.
• When you were given permission to come to the UK, your job was in the same occupation code.
• You still work for the same company that paid for this application.
• Your family can also ask for a visa extension, but they need to do it on their own.

Those with a Tier 2 Visa

Those who got CoS before November 24, 2016

If you have already applied to extend your visa before May 24, 2023, your minimum salary requirement is set at a lower rate. This means that you need to make at least £20,800 a year.

If you got your Certificate of Status on or after November 24, 2016

You must meet the new salary requirements if you want to extend your visa before December 1, 2026. Allowances may also be part of your salary if they are guaranteed for the whole time you are there.

If you need help with your Skilled Worker Visa application, you can call our offices in London, Manchester, or Birmingham, or use our office finder to find the office closest to you.

Skilled Worker Visa refusal

Your application for a Skilled Worker Visa could be turned down for a number of reasons. Here are some of the most likely reasons:

• Not filling out the form all the way
• Not paying the full application fee or other costs
• Not including a correct certificate of sponsorship reference number or job code
• Not sending in the right, relevant documents to back up your application that show you are eligible.
• Not getting the required 70 points on the point system
• Not having a clean record with immigration and crime
• You could also get a Skilled Worker refusal if your employer doesn't have the right sponsor license or the right paperwork.

What can you do if you don't get your Skilled Worker Visa?

If your application for a Skilled Worker Visa is turned down, you can do a number of things, depending on your situation. Administrative review is the most common choice.

The following are some reasons why an application might be turned down:

• Application for the Skilled Worker Visa for the first time
• Getting a Skilled Worker Visa instead
• Getting the visa renewed or made longer
• If your application is denied, you only have a certain amount of time to ask for an administrative review of the decision. If you applied outside the UK, you have 28 days to file the request. If you applied inside the UK, you have 14 days.

The Home Office (UKVI) will let you know what they think about your request within 28 days. If you don't like how this decision turned out, you may be able to file a pre-action protocol for judicial review. If you don't agree with this decision, you might be able to ask the court to look at it again.

If your Skilled Worker Visa is denied, you should talk to an experienced immigration lawyer as soon as you can to find out what other options you have. We can help you send in the form for administrative review, write up the case grounds, and stand in your place until the problem is solved.

How to extend your Skilled Worker visa

Your Skilled Worker visa is due to expire after a certain number of years, depending on your circumstances. You can apply to extend your permit if you meet the following requirements:

• You have the same job as when you were first granted your visa
• Your job is in the same occupation code as when you were given permission to enter the UK
• You are still working for the same employer who sponsored your current application.

Your family can apply for a visa extension, but they will need to submit a separate application.

If you hold a Tier 2 Visa

If you got CoS before 24^th November 2016

If you have already applied to extend your visa before 24 May 2023, your minimum salary requirement is fixed at a lower rate. This means that you need to be paid at least £20,800 per year.

If you got your CoS on or after 24^th November 2016

If you apply to extend your visa before 1^st December 2026, you need to meet the new salary requirements. Your salary may also include allowances, if they are guaranteed for the length of your stay.

Skilled Worker Visa refusal

There are a number of reasons why your Skilled Worker Visa application may be refused. Some of the most likely reasons include:

• Not fully completing the application form
• Not fully paying the application fee or other associated costs
• Not including an accurate certificate of sponsorship reference number or job code
• Not submitting the appropriate, relevant supporting documents to accompany your application demonstrating your eligibility
• Not meeting the 70 points requirements on the points-based system
• Not having a clean immigration and criminal history

Alternatively, you may experience a Skilled Worker refusal if your employer does not have the correct sponsor licence and necessary documentation.

What can you do if your Skilled Worker Visa is refused?

If your Skilled Worker Visa application is refused, you have a number of options available, depending on your circumstances. The most common option is administrative review.

Applications may be refused in the following situations:

• Initial application for the Skilled Worker Visa
• Switching to the Skilled Worker Visa
• Renewing or extending the visa

If you receive a notice of refusal on your application, you have a limited period of time to apply for an administrative review of the decision. You have 28 days to file the request if you applied outside the UK, or alternatively, 14 days if you applied inside the UK.

The Home Office (UKVI) will respond to your request within 28 days with a decision. If you are unsatisfied with the outcome of this decision, you may have the option to file a pre-action protocol for judicial review. You may be eligible to submit a request for a judicial review if you are unsatisfied with this decision.

If your Skilled Worker Visa is refused, we recommend speaking to an experienced immigration lawyer as soon as possible to explore the available options. We can assist you with submitting the form for administrative review, preparing the case grounds, and representing you until the matter is resolved.

What you can and cannot do on a Skilled Worker visa

As a Skilled Worker visa holder, you can:

• Work and study in the UK
• Bring your family (your partner and your children) if they are eligible for dependant visa
• Do voluntary work or take on additional work (in certain circumstances)
• Apply to settle in the UK after 5 years of lawful residence in this country.

What you cannot do:

• Change job or employer unless you submit an updated visa application
• Apply for public funds, benefits, or the State Pension

Also Your job offer must be at skill level RQF3 (A-level) or higher (20)

The UK points-based immigration system awards candidates with 20 points if they hold a job offer which requires skill level – RQF 3 or above (A Level and equivalent).

Below is the RQF level table for LeveL 1 to 8, Level 1 being the lowest level that shows minimum expertise to Level 8 for candidates with a Ph.D in their field of study.

Points Table for Skilled Workers under the new UK points-based Immigration System

You need 70 points to be eligible for a Skilled Worker Visa. Below is a breakdown of the points you can score under the UK's four deciding factors.

Here’s how you can earn the necessary ‘Tradeable points’:

Note: The ‘going rate’ can be higher that the general salary threshold for highly paid occupations like doctors, chief executives and so on.

Fact 8: This visa opens up the path to Permanent Residence

If you’ve lived in the UK for 5 years with the UK Skilled Worker Visa and if you meet certain eligibility requirements, you can apply for an ‘Indefinite Leave to Remain’ (ILR). This allows foreign nationals to permanently live, work and settle in the UK.

Fact 9: Doctors and Nurse can apply for the Health and Care Worker Visa 

If you are a doctor or nurse, or you are a skilled professional working in health or adult social care, you can apply for the Health and Care Worker visa instead.

It has its own eligibility requirements and is cheaper.

You will be free from the otherwise mandatory payment of the annual health surcharge of £624 for every year that you have lived as an immigrant in the UK. Any immediate family members accompanying you to the UK are also exempt from paying the health surcharge.

Fact 10: You can earn a little ‘extra’ with the UK Skilled Worker Visa

The Skilled Worker Route lets you take up additional paid work or unpaid voluntary work alongside working for the job which you were sponsored to do.

You are allowed to work up to 20 hours a week in a job which has the same occupation code and job levelas your primary job.

Another option open to you is working for a job on the Shortage Occupation List.

If you want to work for more than 20 hours a week or in a different occupation code, you are required to apply to update your visa and you must be sponsored to do both jobs.

Note: Due to COVID-19, there’s currently no limit on the number of hours you can work or volunteer if you have a second job as an NHS doctor, nurse or paramedic.

Cost of a Skilled Worker Visa

The visa process itself has been made quicker by UK Visas and Immigration (UKVI) where the decision on whether or not you’ll be getting a visa comes to you within three weeks.

To summarize, here’s a table for UK’s new points-based immigration system for the Skilled Worker Route:

If you have any doubts regarding the new process, you can contact our visa experts at Tahmidur Rahman Remura.

We specialize in UK visas and have been doing so for over 7 years. Let us help you.

What is the minimum salary for a skilled worker?

You need to be paid at least £25,600 per year, unless the “going rate” for your job is higher. Depending on your occupation code, your role might have an annual going rate, which you and your employer can check online.

Different salary rules apply for those working in healthcare or education jobs.

Can you switch job in skilled worker visa?

The Skilled Worker Visa only grants you permission to work for the employer that originally sponsored your application in the role that you were sponsored for.

If you wish to work for a new employer or if you want to switch to a job of a different occupation code with the same employer you will need to apply to update your Skilled Worker Visa.

You must also apply to update your visa if you move from a job that was on the Shortage Occupation List to one that is not on the Shortage Occupation List.

If you stay in the same job, but this role is taken off the Shortage Occupation List, you do not need to update your Skilled Worker Visa.

Hire the best Immigration law firm in Dhaka:

The best immigration lawyer in Bangladesh works for Tahmidur Rahman Remura. We have long-term experience helping our local and expatriate clients get work permits, permanent residences, and visas all over the world. When processing visas for clients, the immigration law firm in Bangladesh looks for a number of things. Such as following the rules when it comes to documents, processing, and keeping in touch with the Bangladesh passport offices regularly.

Email: info@trfirm.com

Phone: +8801847220062 or +8801779127165

How much it costs

You, your partner or children will each need to:

• pay the application fee
• pay the healthcare surcharge for each year of your stay
• prove you have enough personal savings

Check how much money you’ll need.

If you work in public sector healthcare

If you’re a doctor or nurse, or you work in health or adult social care, check if you’re eligible to apply for the Health and Care Worker visa instead. It’s cheaper to apply for and you do not need to pay the annual immigration health surcharge.

What you can and cannot do

With a Skilled Worker visa you can:

• work in an eligible job
• study
• bring your partner and children with you as your ‘dependants’, if they’re eligible
• take on additional work in certain circumstances
• do voluntary work
• travel abroad and return to the UK
• apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) if you’ve lived in the UK for 5 years and meet the other eligibility requirements

You cannot:

• apply for most benefits (public funds), or the State Pension
• change jobs or employer unless you apply to update your visa

If your application is successful, you’ll get a full list of what you can and cannot do with a Skilled Worker visa.

Tier 1 Entrepreneur Visa UK

by Tahmidur Remura Wahid | Dec 19, 2022 | 2023, Law

Tier 1 Entrepreneur Visa

The Tier 1 Entrepreneur Visa UK is used by people who want to start their own business in the UK. You can also apply for this visa if you want to move to the UK to run a business that is already up and running.

Those who want to go this route must be actively involved in running the business (or businesses) in the UK. It gives chances to people who want to start a business on their own, in a partnership, or as a UK-registered company. To get a Tier 1 Entrepreneur Visa, you must get a total of 95 points and meet all the other requirements set out in the Immigration Rules. You can get points if you have at least £200,000 (or £50,000 if you are a graduate entrepreneur) in the bank.

Who needs a Tier 1 Entrepreneur Visa?

To be eligible for a Tier 1 Entrepreneur visa, the applicant must be a citizen of a country that is not in the European Economic Area (EEA) or Switzerland and have plans to invest the specified amount of money in a business in the UK.

Also, the applicant must have full access to at least 50,000£ and up to 200,000£ in investment funds that are set aside for a UK business.

What is the difference between UK Tier 1 and UK Tier 2 visa?

How to apply for Tier 1 Entrepreneur Visa?

You must apply for a Tier 1 Entrepreneur Visa from outside the UK, more specifically from your home country, three months before you plan to travel. You will have to submit your application online through the UK government's website. There, you will have to give some basic information about yourself and why you want to visit the UK, as well as upload scanned copies of your original documents.

If this is your first trip to the UK, you will need to make an appointment at the nearest application center, UK embassy or consulate in your home country. There, you will need to give your biometric information and a photo of yourself.

If a person is already in the UK with a valid visa and wants to:

Endorsing bodies must be able to demonstrate a proven track record of supporting UK entrepreneurs. However, a new organisation which has been set up by another body (with a proven track record) will also be eligible.

Endorsement bodies will determine the validity of a business idea through three measures:

• The applicant needs to demonstrate that they have a genuine and original business plan which meets a new or existing market need, and that the idea will provide benefit to the British workforce and economy
• Applicant needs to prove that they have all the necessary knowledge, skills and market awareness to successfully run the business
• The applicant will also need to show that there is potential for growth and job creation

What are the Required Documents for the Innovator Visa?

The documents which you need to provide will differ depending on the circumstances of the applicant and their application.

The following documents will be required with any Innovator Visa application:

• Current passport or other valid travel identification
• B2 English language test pass certificate/evidence (if applicable)
• Evidence of investment funds
• Bank statements showing at least £945 in savings in your bank account for 90 consecutive days before you apply
• Tuberculosis test results if you’re from a country where the test must be taken

Innovator Visa Cost

The cost of the Innovator Visa depends on the particular nature of the application.

Applicants will also need to pay for their healthcare surcharge. In most cases, they will need to pay £19.20 for their biometric information to be taken too.

How Long Does it Take to Process Innovator Visa Application?

If you are applying from outside of the UK, you should receive a decision on your application within three weeks. Applications which are made from within the UK can take up to eight weeks to process.

If immigration officials encounter a problem with your application, it will take longer for it to be processed.

The Immigration Advice Service provide expert assistance with UK visa applications. One of our immigration law specialists can help ensure that your application fulfils all requirements and meets the strict Home Office administrative standards, ensuring you have the greatest possible chance of a successful outcome.

Call us now on +8801779127165 for more information.

Can my Family Join Me Under an Innovator Visa?

Certain family members, classed as dependents, will be able to join you in the UK if you receive an Innovator Visa.

The following people will be classed as dependents of the Innovator Visa holder:

• A partner
• A child under 18
• A child over 18, if currently in the UK as a dependent

Applicants will need to prove that they have at least £630 of savings per dependent if they wish to bring them to the UK.

If the dependent is already living in the UK, it is possible for them to switch from the visa they are currently on to become a legal resident as the dependent of the Innovator Visa holder.

For expert guidance on the Tier 1 Innovator Visa, please call us now. CONTACT US

Tier 1 Entrepreneur ILR job creation requirement

If you started a new business or businesses or put money into an existing business, you must have created the equivalent of two full-time paid jobs for at least two people who meet the Immigration Rules' definition of settled workers at the time they start working for you. Every job must have been around for at least a year.

A single job doesn't have to last for 12 months in a row. For example, it could be open for 6 months in one year and 6 months in the next, as long as it's the same job with the same title (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period).

Jobs that were made during a previous leave period can be used in an application for settlement if they have been kept for at least another 12 months during the most recent extension.

If jobs that were needed during a previous leave no longer exist, then 2 new jobs will need to be created and be in place for at least 12 months during the most recent extension.

All relevant UK laws, like the national minimum wage and the working time directive, must be followed.

If the COVID-19 pandemic has made it hard for you to run your business, you don't have to hire at least two people for 12 months in a row. Instead, you must hire someone for a total of 12 months. This can be done by giving them different jobs in different months, as long as all of them add up to 2 full-time jobs.

Your employees' time off under the UK Government's furlough scheme can still count toward the 12 months, as long as they were paid at least 80% of their normal salary during that time.

If your visa expires and you haven't been able to hire staff for 12 months, you may still be able to stay for another 2 years as long as you've created at least 2 jobs for locals and haven't been able to meet the normal requirements because of the pandemic.

If you were given a covid-related extension of leave before, you will need to show that you created two full-time jobs in the past 12 months on top of the job creation requirement for settlement. For example, if you rely on having created two full-time jobs for settled workers that existed for 12 months during your most recent leave, you will also have to show that two full-time jobs existed for another 12 months. These jobs can be the same ones, as long as they will be around for at least another 12 months.

The requirement to create jobs can be hard to understand. You might want to talk to an immigration lawyer as soon as possible to make sure you can meet the requirement.

Tier 1 Indefinite Leave to Remain (ILR) for Entrepreneurs:

If you have lived in the UK as a Tier 1 Entrepreneur for 5 years straight, you can apply for ILR through the Tier 1 Entrepreneur route.

As a Tier 1 Entrepreneur, you can apply for accelerated ILR after 3 years if you have created at least 10 full-time jobs for people already living in the country. You may also be eligible for accelerated settlement after 3 years if your UK business made at least £5 million in gross sales in the last 3 years. If you put money into a business that was already running, your services or investment must have led to a net increase of £5 million in gross income from business activity over a three-year period, compared to the three-year period right before you got involved with the business.

You can fill out an application for a Tier 1 Entrepreneur visa ILR up to 28 days before you meet the requirements. Your qualifying period will be the three or five years right before the date you apply for settlement or the three or five years right before the date a decision is made on your settlement application, whichever is better for you. Getting help from an immigration lawyer will make sure that your Tier 1 Entrepreneur visa ILR application is sent at the right time.

Residence requirement for a Tier 1 Entrepreneur ILR settlement application

In order to get indefinite leave to remain (ILR) as a Tier 1 Entrepreneur, you can't have been away from the UK for more than 180 days in any 12 month period during your qualifying 3 or 5 year period.

For any times you were out of the UK while on leave under the Rules in place before January 11, 2018, you couldn't have been gone for more than 180 days in each 12-month period that ended on the same day of the year as your Tier 1 Entrepreneur visa ILR application. The Home Office will look at a rolling 12-month period for any time spent outside of the UK during a period of leave given under the Rules in place since January 11, 2018.

In either case, the Tier 1 Entrepreneur ILR residence and absence requirement will not be met for the days spent traveling to or from the UK.

Tier 1 Entrepreneur ILR settlement application processing times

If you are a Tier 1 Entrepreneur and you use UK Visa & Immigration's standard service to apply for indefinite leave to remain, you should get a decision within 26 weeks of the date you submitted your ILR application. At the moment, Tier 1 Entrepreneur visa ILR applications are not given priority by the Home Office. But we've heard that Tier 1 Entrepreneur ILR applications will soon be processed in 30 days.

Indefinite Leave to Remain as a Tier 1 Entrepreneur Tier 1 Entrepreneurs: Applying for Accelerated Settlement after 3 Years in the UK Entrepreneur Visa Success Stories
Applications for Tier 1 Entrepreneur ILR settlement from outside the UK

As a Tier 1 Entrepreneur, you can't apply for ILR from outside the UK, unfortunately. Applicants for Tier 1 Entrepreneur ILR can only do so from inside the UK.

UK Entrepreneur visa How Tahmidur Rahman Remura Wahid immigration lawyers can help with an ILR settlement application

The Immigration Rules are very strict about the documents that must be submitted with an ILR application for a Tier 1 Entrepreneur visa. An immigration lawyer can be helpful if you want to make sure that your application looks good and is correct from a legal point of view.

Most people agree that Tahmidur Rahman Remura Wahid Lawyers are one of the best immigration firms in the Bangladesh, UK and US for Tier 1 Entrepreneurs. Our immigration barristers and immigration lawyers work hard to help entrepreneurs. Their work has been recognized by the Investment Migration Council and the Investor Support Network of the Department of International Trade.

Our team of immigration lawyers has helped all kinds of business owners get permission to stay in the UK indefinitely before. Whether you started a new business in the UK or put money into an existing one, our barristers know exactly what you need to do to get a Tier 1 Entrepreneur visa ILR and will help you understand the complicated rules and policies of the Home Office.

We're proud of being easy to talk to and quick to understand and meet our clients' needs. We are a team of very driven immigration lawyers who are committed to giving entrepreneurs clear and reliable advice about immigration as part of a professional and friendly service.

Start-up Visa Eligibility

Applicants for the Start-up Visa do not need a specific amount of funds to invest in their business. This is the biggest difference between the Innovator Visa and the Start-up Visa.

Those who meet the following criteria could be eligible for the Start-up Visa:

• At least 18-years-old
• From outside the EEA and Switzerland
• Must have endorsement for their business idea from an approved body
• Must have a B2 level of English as set out by the Common European Framework of Reference for Languages (unless exempt)
• Has personal savings of at least £945 for 90 consecutive days before they apply

What do I Need to Know About the Start-up Visa Business Proposal Endorsement?

Anyone who wishes to apply for a  start up visa must have their business idea endorsed by an authorised body.

The idea must be endorsed by an authorised body that is either a UK higher education institution or a business organisation which has a history of supporting UK entrepreneurs.

In order for the business proposal to be considered, it must meet the following conditions:

• New idea. Cannot join or invest in a business that is already trading
• Innovative. The business idea must be original and different from anything else on the market
• Viable. Potential for growth

Which Documents do I Need to Provide in a Start-up Visa Application?

The main required documents for a Start-up Visa are identical to the Innovator Visa, apart from evidence of the investment funds.

Applicants will need to provide:

• A current passport or other valid travel identification
• Bank statements showing that you’ve had at least £945 in savings in your bank account for 90 consecutive days before you apply
• Proof of B2 level of English (unless exempt)
• Tuberculosis test results if you’re from a country where you have to take the test

Any documents which are not in English must be translated by an accredited translator.

Start-up Visa Application Processing Time

In most cases, the Home Office will process Start-up Visa applications within three months. If the application is made from outside the UK, the decision should be reached within three weeks.

Start-up Visa Application Cost

As with the Innovator Visa, applicants will also need to pay for the healthcare surcharge and for their biometric information to be taken.

Can my Family Join Me Under a Start-up Visa? 

If your Start-up Visa application is successful, certain family members can join you in the UK as dependents.

A dependent family member can be:

• Your husband, wife or partner
• A child under 18
• A child over 18 if they’re currently residing in the UK as a dependent

If your family is coming with you to the UK, you must have at least £630 more than the standard £945 to support them there.

Dependents can apply from inside or outside the UK. As part of the application, dependents will have to give biometric information like fingerprints and a picture.

What is the Investor Visa?

The Investor Visa is a slightly different type of visa for people who have a lot of money to put into a business in the UK.

The main requirement for this special visa is that the person applying must have at least £2,000,000 to invest.

A standard application for an Investor Visa costs £1,623. The Investor Visa is good for three years and four months, after which it can be renewed.

The terms of the Investor Visa are better than those of most UK visas. Investor Visa holders may be able to get British settled status after just two years of living in the UK if certain conditions are met.

• Can apply to settle after two years if you invest £10 million
• Can apply to settle after three years if you invest £5 million
• Can apply to settle after five years if you invest £2 million

Can I Switch to the Innovator Visa from another UK Visa?

It is possible to switch to the Innovator Visa from the following UK Visas (provided you meet the eligibility criteria for the visa):

• Start-up visa
• Tier 2 Visas
• Visitor Visa (if applicant is in the UK to acquire funding and a supporting letter from an endorsement body)
• Tier 1 Graduate Entrepreneur Visa
• Tier 1 Entrepreneur Visa

Bear in mind that you will need to have received an endorsement for your business idea from an approved body in order to be eligible.

An applicant can remain in the UK until a decision has been made on their Innovator Visa application, as long as they applied before the expiration of their current visa.

Can I Switch to the Start-up Visa from another UK Visa? 

Yes, it is possible to switch to the Start-up Visa from certain other UK visas.

These are:

• Tier 1 (Graduate Entrepreneur)
• Any Tier 2 Visa
• Tier 4 (General) Student Visa
• Standard Visitor Visa. (Applicants will need to get a supporting letter from an endorsing body to prove they’re looking for funding)

Keep in mind that if you switch from the Tier 1 (Graduate Entrepreneur) Visa to the Start-up Visa, the time you have already spent under the Tier 1 Entrepreneur Visa will count toward the two years of the Start-up Visa.

The Home Office will take up to eight weeks to process a request to switch to a Start-up Visa.

How Long Can I Stay in the UK with an Innovator Visa?

With an Innovator Visa, you can stay in the UK for up to three years. At the end of the three years, you can apply for a three-year extension of your Innovator Visa.

After living in the UK legally for five years with an Innovator Visa, you can apply for Indefinite Leave to Remain.

After living in the UK for a year with ILR, you can apply to become a British citizen.

How Long Can I Stay in the UK with a Start-up Visa?

You can live in the UK for up to two years if you have a Start-up Visa. The Start-up Visa can't be extended like the Innovator Visa can. If you want to stay in the UK for longer than two years, you will need to apply for a different visa.

Can I Still Apply for a Tier 1 Entrepreneur Visa or Tier 1 Graduate Entrepreneur Visa?

The Tier 1 Entrepreneur Visa and the Tier 1 Graduate Entrepreneur Visa are no longer available.

But if you are still legally living in the UK on a Tier 1 Entrepreneur Visa, you can still switch to a different visa (which was given before April of 2019).

You can still switch from the Tier 1 Entrepreneur Visa to the Innovator Visa or Start-up Visa, and in some cases, you can still apply for an extension of the Tier 1 Entrepreneur Visa.

Also, time spent in the UK with a Tier 1 Entrepreneur Visa or a Tier 1 Graduate Entrepreneur Visa counts toward the minimum time requirements for Indefinite Leave to Remain and British citizenship.

If you need support with your visa application, you can contact us at our offices in Dhaka, London or New York.

Hire the best Immigration law firm in Dhaka:

The best immigration lawyer in Bangladesh works for Tahmidur Rahman Remura. We have long-term experience helping our local and expatriate clients get work permits, permanent residences, and visas all over the world. When processing visas for clients, the immigration law firm in Bangladesh looks for a number of things. Such as following the rules when it comes to documents, processing, and keeping in touch with the Bangladesh passport offices regularly.

Email: info@trfirm.com

Phone: +8801847220062 or +8801779127165

If you already have a Tier 1 (Entrepreneur) visa

You can still apply:

• to settle in the UK (indefinite leave to remain)
• to extend your visa
• for family members to join you