The Bank guarantee process in Bangladesh or performance guarantees are very popular and important in the era of mega development projects taking place in Bangladesh. As a result, this article will provide a comprehensive guideline on the concept of bank guarantee as well as the legal rules governing bank guarantees in Bangladesh.
A “contract of guarantee” is a contract to perform a third person’s promise or discharge his liability in the event of his default. The person who gives the guarantee is called the “surety”: the person in respect of whose default the guarantee is given is called the “principal debtor”, and the person to whom the guarantee is given is called the “creditor”. Similarly, when a bank provides any security, that security is referred to as the bank guarantee.
A bank guarantee means that the bank will ensure that the third party’s liabilities are met. In other words, for Bank Guarantee Process in Bangladesh, if the third party fails to meet its obligations, the bank will make up the difference. In summary, a bank guarantee can be defined as described above; however, the meaning of a bank guarantee is much broader than this.
In Bangladesh, the term “bank guarantee” has been defined in a large number of case laws. Nonetheless, in the most recent case, ABB India Limited vs. Power Grid Company of Bangladesh Limited and others of 2020, clear guidelines on bank guarantee issues were provided. As a result, our article will be based on the interpretations of this case, as well as references to other recent bank guarantee cases.
In regards to Bank Guarantee Process in Bangladesh, the term “bank guarantee” has been defined in a large number of case laws. Nonetheless, in the most recent case, ABB India Limited vs. Power Grid Company of Bangladesh Limited and others of 2020, clear guidelines on bank guarantee issues were provided. As a result, our article will be based on the interpretations of this case, as well as references to other recent bank guarantee cases.
How is a Bank Guarantee Created as per Bank Guarantee Process in Bangladesh?
The steps for creating a bank guarantee are summarised below.
(i) The applicant requests that the bank serve as a guarantee for their performance
(ii). The bank then enters into an agreement with the beneficiary at the applicant’s request.
(iii) In the deed of bank guarantee, the bank guarantees to pay the beneficiary a fixed amount specified in the deed of bank guarantee on demand if the applicant fails to perform as per the contract.
Bank Guarantees Explained
A bank guarantee is a promise made by a lending institution to cover a loss if a borrower defaults on a loan. The guarantee allows a company to purchase items that it would not be able to afford otherwise, promoting business growth and entrepreneurship.
Bank guarantees come in various forms, including direct and indirect guarantees. In foreign or domestic business, banks typically use direct guarantees issued directly to the beneficiary. Direct guarantees are used when the bank’s security does not rely on the main obligation’s existence, validity, and enforceability.
Individuals frequently choose direct guarantees for international and cross-border transactions because they are less formal and can be more easily adapted to foreign legal systems and practices.
Indirect guarantees are most common in the export business, particularly when government agencies or public entities are the beneficiaries. Many countries refuse to accept foreign banks and guarantors due to legal concerns or other formalities. With an indirect guarantee, a second bank, typically a foreign bank with a branch in the beneficiary’s country of residence, is used.
Bank Guarantee Examples:
In regards to Bank Guarantee Process in Bangladesh, There are numerous types of bank guarantees due to their general nature:
A payment guarantee ensures that the purchase price is paid on time.
An advance payment guarantee serves as collateral for reimbursing the buyer’s advance payment if the seller fails to supply the specified goods per the contract.
A credit security bond serves as collateral for loan repayment.
A rental guarantee is used to secure rental agreement payments.
A confirmed payment order is an irrevocable obligation in which the bank pays the beneficiary a predetermined amount on the client’s behalf on a specific date.
A performance bond serves as collateral for the buyer’s costs if services or goods are not provided in accordance with the contract.
A warranty bond acts as collateral to ensure that ordered goods are delivered on time.
Company A, for example, is a new restaurant that wants to spend $3 million on kitchen equipment. Before shipping the equipment to Company A, the equipment vendor requires a bank guarantee to cover payments. Company A asks the lending institution that manages its cash accounts for a guarantee. In essence, the bank cosigns the purchase contract with the vendor.
A bank guarantee program is also available from the World Bank. The World Bank’s project-based loan guarantees protect commercial lenders from payment defaults or failures by governments to meet performance obligations.
Bank Guarantee Types
There are two types of bank guarantees that are commonly used in business:
Financial Security
In most cases, for Bank Guarantee Process in Bangladesh these guarantees are issued in lieu of security deposits. Some contracts may require the buyer to make a financial commitment, such as a security deposit. Instead of depositing the money, the buyer can provide the seller with a financial bank guarantee, which will compensate the seller in the event of a loss.
Performance Warranty
These guarantees are given in exchange for the performance of a contract or obligation. The bank will make good the beneficiary’s loss if there is a default in the performance, non-performance, or short performance of a contract.
For example, A signs a contract with B to complete a specific project, and the contract is backed up by a bank guarantee. If A fails to complete the project on time and does not compensate B for the loss, B may seek compensation from the bank using the bank guarantee.
Considerations before entering into a Bank Guarantee Agreement
When a beneficiary enters into a bank guarantee agreement, it is critical that the following factors are properly considered, particularly when foreign entities obtain bank guarantees from banks outside their home country. The following are the key points to consider:
(i) Bank guarantee agreement terms and conditions
(ii) Terms and conditions relating to the extension of a bank guarantee, such as the process for extending the guarantee period, the number of times it can be extended, and so on (
iv) What documentation is required for a bank guarantee?
(v) The time required for the encashment of a bank guarantee.
(vi). If the bank guarantee agreement contains an arbitration clause. This clause aids in the resolution of any dispute in a timely manner.
(vii). It is also critical to investigate the authenticity and dependability of the bank that will act as the beneficiary’s guarantor.
Bank Guarantee Regulations
According to Bangladeshi case law and Bank Guarantee Process in Bangladesh, the most important thing to remember about bank guarantees is that they are an independent deed of the contract between the bank and the beneficiary, even if the bank enters into the contract at the request of a third party (applicant).
The following are a few key points to remember regarding bank guarantees from the recent case ABB India Limited vs. Power Grid Company of Bangladesh Limited and others of 2020:
(i) A bank guarantee is a legally binding agreement between the bank and the beneficiary.
(iii) The bank guarantee agreement is independent and distinct from the beneficiary-applicant agreement (iv). A bank guarantee is an irrevocable undertaking given by a bank to pay an amount in favor of its beneficiary as and when the beneficiary makes a demand on the underlying contract, without regard to any dispute between the applicant and the beneficiary.
(v) Whenever the beneficiary makes a demand to encash the bank guarantee, the bank is obligated to pay the money immediately.
(vi) A guarantor’s undertaking to pay under the guarantee is not subject to any claims or defenses based on any relationship or contract between the third party and the beneficiary.
(vii). As a result, there is no way to prevent its encashment by the bank, let alone a third party. Because the third-party/applicant is not a party to the bank guarantee agreement, this is the case.
(viii) Bank guarantee encashment cannot be barred on the basis of financial loss or business reputation because financial claims can always be resolved in arbitration.
(ix) In a number of cases, the court has extended the bank guarantee period even after it had expired while the court proceedings were in progress. In the case of Loyal Shipping (Pvt.) Ltd. vs. M.V. Anangel Wisdom and others, the court ordered an extension of the bank guarantee even though the request for an extension of the validity of the bank guarantee or for a new bank guarantee was made after the expiry of the previous bank guarantee.
Exceptions to the Bank Guarantee Law
The bank can only stop the encashment of a bank guarantee if a dispute is raised. Only the bank has the authority to file a valid and genuine dispute regarding the encashment of a bank guarantee if-
I the wrong person invokes the bank guarantee’s encashment; or (ii). Any other discrepancy in the bank guarantee is discovered by the bank.
Exception to Bank Guarantee Approved by the Court
In general, no injunction can be granted to prevent the encashment of a bank guarantee. According to ABB India Ltd vs Power Grid Company of Bangladesh Ltd and others (2020), the court has the authority to halt the encashment of a bank guarantee only when-
(i) Clearly fraudulent preparation of the bank guarantee (Himadri Chemicals Industries Limited vs Coal Tar Refining Company (2007) 8 SCC 110). and
(ii) If successful, the encashment will cause irreparable harm that cannot be reimbursed or recovered (U.P. Coop, Federation Ltd vs Singh Consultants and Engineers (P) Ltd (1988) 1 SCC 174).
Our country’s courts will grant injunctions over any civil dispute, such as a bank guarantee, if the applicant can show that there is an arguable case for the applicant and the loss cannot be recovered or reimbursed. Read the reference to the bank guarantee.
Difference between BG & Letter of Credit (LOC)
LOC is a financial document that requires the bank to pay the beneficiary upon completion of certain services as specified by the applicant. LOCs are issued by banks when a buyer requests that his bank pay the seller upon receipt of certain goods or services.
That is, if the buyer encounters cash flow issues or other similar situations and is unable to make an immediate payment to the seller, he will approach his bank and request that payment be made to the seller upon submission of certain documents. It is important to note that a bank guarantee is not the same as a letter of credit, although with both instruments the issuing bank accepts a customer’s liability if the customer defaults.
The bank will later recover the amount paid from the buyer, as well as the applicable charges. In contrast, under BG, the bank is only required to pay the third-party if the applicant fails to pay the third-party or fails to fulfill the contract’s required obligations.
A BG is essentially used to protect a seller from loss or damage caused by the other party’s failure to perform under a contract. LOC is frequently confused with BG because they share some characteristics. When the parties to the transactions do not have established business relationships, they both play an important role in trade financing. However, there are numerous distinctions between LOC and BG.
The following are the primary distinctions between a Letter of Credit (LOC) and a Bank Guarantee (BG):
Major differences between Letter of Credit (LOC) and Bank Guarantee (BG) are as follows:
Particulars
Letter of Credit (LOC)
Bank Guarantee (BG) in Bank Guarantee Process in Bangladesh
Nature
LOC is an obligation accepted by a bank to make payment to a beneficiary if certain services are performed.
BG is an assurance given by the bank to the beneficiary to make the specified payment in case of default by the applicant.
Primary liability
Bank retains the primary liability to make the payment and later collects the same from the customer.
The bank assumes to make the payment only when the customer defaults to make payment.
Payment
Bank makes the payment to the beneficiary as and when it is due. It need not wait for a default to be made by the customer.
Only when the customer defaults the payment to the beneficiary, the bank makes the payment.
Way of working
LOC ensures that the amount will be paid as long as the services are performed as per the agreed terms.
BG assures to compensate for the loss if the applicant does not satisfy the specified conditions.
Number of parties involved
There are multiple parties involved here – LOC Issuing bank, its customer, the beneficiary (third party), and advising bank.
There are only three parties involved – banker, its customer, and the beneficiary (third party).
Suitability
Generally, this is more appropriate during the import and export of goods and services.
Suits any business or personal transactions.
Risk
Bank assumes more risk than the customer.
Customer assumes the primary risk.
What is a Bank Guarantee?
A bank guarantee is a promise made by a bank to a third party to assume payment risk on behalf of its customers. A bank guarantee is given in the event of a breach of a contractual obligation between the bank and its customers. Such guarantees are commonly used in commercial and personal transactions to protect a third party from financial losses.
This guarantee enables a company to purchase items that it would not be able to afford otherwise, thereby assisting business growth and encouraging entrepreneurial activity.
For example, Xyz company is a newly established textile factory that wishes to purchase fabric raw materials worth BDT.1 crore. Before shipping the raw material to Xyz company, the raw material vendor requires a bank guarantee to cover payments.
The lending institution keeping Xyz company's cash accounts requests and receives a guarantee. In essence, the bank cosigns the purchase contract with the vendor. If Xyz company fails to pay, the vendor can recover the money from the bank.
Similarly, a large furniture manufacturer wishes to enter into an agreement with a small woodshop vendor.
Similarly, a large furniture manufacturer wishes to enter into an agreement with a small woodshop vendor. Before entering into a contract for BDT.50 lakh worth of wood material, the large manufacturer will require the small vendor to provide a bank guarantee. In this case, the beneficiary is a large manufacturer who requires a guarantee before entering into a contract. If the small vendor is unable to deliver the wood material, the large furniture manufacturer can seek reimbursement from the bank.
When is a bank guarantee required?
Bank guarantees are required when there is a shortage of funds or the lack of trust between the two parties.
Is a bank guarantee refundable in Bangladesh?
As soon as the applicant pays his/her dues to the seller within the stipulated time frame, the bank guarantee becomes null and void.
What is the difference between the expiry date and the claim date in a bank guarantee?
The claim date is the date on which a beneficiary claims the benefits of the bank guarantee while the expiry date is the date by which the claim has to be made.
What is the limit of a bank guarantee in Bangladesh?
If a company regularly requires bank guarantees, the bank often issues them the guarantees with a fixed upper amount known as the bank guarantee limit.
Can a bank guarantee be amended in Bangladesh?
Yes, a bank guarantee can be amended. Both, the amount, as well as, the duration can be increased or decreased by sending a formal application of the same to the bank.
Hire the best law firm in Bangladesh to get help in regards to provisions relating to Bank Guarantee in Bangladesh:
Barristers, Advocates, and lawyers at Tahmidur Rahman Remura Wahid in Gulshan, Dhaka, Bangladesh are extremely experienced in regards to Bank Guarantee Process in Bangladesh: Tahmidur Rahman Remura’s Barristers, Advocates, and Lawyers in Gulshan, Dhaka, Bangladesh are highly experienced in assisting clients through the entire process and legal provisions relating to Bank Guarantee in Bangladesh. Do you require service in regards to Bank Guarantee Process in Bangladesh? Please contact us if you require legal assistance.
Email at: info@trfirm.com Call us on: +8801847220062 or +8801779127165 Address: House 410, Road 29, Mohakhali DOHS
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:
Points type
Requirements
Number of points
Study (all criteria must be met)
– Confirmation of Acceptance for Studies – Eligible course – Eligible independent school – Aged between 4 and 17 years old – Parental consent confirmed
50
Financial
– Met financial requirements
20
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):
Living arrangements
Required funds
Residential independent school boarding
Enough funds to pay the course fees and boarding fee for one academic year
Living with a private foster carer or close relative who is a British citizen or has settled status
Enough funds to pay the fees for one academic year
-The carer or relative must have funds of at least £570 per month of the course (max. nine months)
Living with the child’s parent of legal guardian
Sufficient funds to pay the course fees for one academic year
-If there are no other children to be cared by the parent, £1,560 per month must be available for max. nine monthsIf there are other children being cared for by the parent in the UK, £625 per month must be available for each child
Aged 16 or 17 and living independently
Sufficient funds to pay the school fees for one year
-£1,334 for each month of the course up to a max nine months (if studying in London)
– £1,023 for each month to a max. nine months where studying outside London
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:
Apply to the most appropriate educational institute based on your situation
Receive an unconditional offer from the school
Submit a request for your Confirmation of Acceptance for Studies number
Identify your nearest visa application centre
Book a TB test (where relevant) and identify the coronavirus public health requirements (e.g., PCR tests, quarantining, etc.)
Ensure that you have the relevant supporting documents
Fill out the application form
Pay the application fee and immigration health surcharge (where relevant) to the Home Office
Book your biometrics appointment at your visa application centre (where relevant)
Attend your visa interview (where relevant)
Submit your information to get your biometric residence permit (where relevant)
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.
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:
Requirements
Points awarded
A Confirmation of Acceptance for Studies
10
Eligible course
10
Eligible independent school
10
Aged between 4 and 17
10
Parental consent
10
Meet the financial requirements
20
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
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.
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.
What you’re applying for
Fee
Indefinite leave to remain
£2,404
Extend your stay
£1,048
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.
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 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:
Financial Requirement
Continuous Residence
Suitability Requirement
English Language Requirement
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.
Spouse or civil partner of a British Citizen or person settled in the UK visa
After 5 years
Unmarried partner
After 5 years
EEA Family Permit
After 5 years
UK Ancestry visa
After 5 years
Tier 1 (Investor) visa
After 2, 3 or 5 years depending on level of investment
Tier 1 (Entrepreneur)
After 3 or 5 years depending on the business activity
Tier 1 (Exceptional Talent) visa
After 3 years
Tier 2, T2, International Sportsperson or Skilled Worker visa
After 5 years
Scale Up visa
After 5 years
Innovator visa
After 3 years
Global Talent visa
After 3 or 5 years, depending on your visa and endorsement type
PBS visa dependants
After 5 years
Representative of overseas business visa
After 5 years
Turkish Worker of Businessperson visa
After 5 years
Retired Person visa
After 5 years
Discretionary Leave to Remain
After 6 years
Long residence
After 10 years continuous legal residency in the UK
Returning resident
If settled in the UK prior to departure and returning to the UK within 3 years of departure, they may be able to apply immediately on return
Turkish worker or businessperson
After 5 years
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.
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.
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 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:
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
/ 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.
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.
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.
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 24th 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 24th November 2016
If you apply to extend your visa before 1st 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.
RQF Levels
Educational Qualification
Level 1
General Certificate of Secondary Education (GCSE) grades D-G or 3-1
Level 2
General Certificate of Secondary Education (GCSE) grades A*-C or 9-4
Level 3
A level
Level 4
1 of a 3 year Bachelor’s degree, Higher National Certificate (HNC)
Level 5
2 of a 3 year Bachelor’s degree, Higher National Diploma (HND), Foundation degree
Level 6
Bachelor’s degree
Level 7
Postgraduate, Master’s degree
Level 8
Doctorate
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.
70-Point Table for Skilled Worker Route
Maximum Points
Have a job offer from a licensed UK sponsor
20 points
English Language Skills
10 points
Job offer for Skill Level RQF3 (A-level equivalent) or higher
20 points
Additional ‘Tradeable Points’ earned
20 points
Here’s how you can earn the necessary ‘Tradeable points’:
Tradeable points you can earn
Maximum Points
Minimum salary of £25,600 or ‘going rate’ for the job – whichever is higher
20 points
Job offer in a ‘Shortage Occupation List (SOL)’
20 points
You are a ‘new entrant’ to the labour market
20 points
You hold a Ph.D. in a relevant STEM subject
20 points
You have a Ph.D. in a relevant non-STEM subject
10 points
Note: The ‘going rate’ can be higher that the general salary threshold for highly paid occupations like doctors, chief executives and so on.
Tradeable points on Salary Requirements
Maximum Points
Salary of £20,480 (minimum) to £23,039
0
Salary of £23,040 to £25,599
10
Salary of £25,600 or above
20
Salary of £20,480 and job listed in health or education sector meeting national pay scale
20
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
Visa type
Visa application fee (BDT)
Skilled Worker
If certificate of sponsorship is issued for three years or less
For main applicant and dependants
93,515
For main applicant (CESC)
87,789
Skilled Worker in a Shortage Occupation
If certificate of sponsorship is issued for three years or less
For main applicant and dependants
78,313
For main applicant (CESC)
72,587
If certificate of sponsorship is issued for over three years
For main applicant and dependants
96,627
For main applicant (CESC)
90,900
Skilled Worker for Health and Care Visa
If certificate of sponsorship is issued for three years or less
For main applicant and dependants
34,157
For main applicant (CESC)
28,430
If certificate of sponsorship is issued for over three years
For main applicant and dependants
58,313
For main applicant (CESC)
52,587
Skilled Worker in a Shortage Occupation for Health and Care Visa
If certificate of sponsorship is issued for three years or less
For main applicant and dependants
54,157
For main applicant (CESC)
58,430
If certificate of sponsorship is issued for over three years
For main applicant and dependants
68,313
For main applicant (CESC)
62,587
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:
Points Table for UK’s Skilled Worker Route
Maximum Points
Have a job offer from a licensed UK sponsor
20 points
English Language Skills
10 points
Job offer for Skill Level RQF3 (A-level equivalent) or higher
20 points
Additional ‘Tradeable Points’ you must earn
20 points
Tradeable points you can earn
Minimum salary of £25,600 or ‘going rate’ for the job – whichever is higher
20 points
Job offer in a ‘Shortage Occupation List (SOL)’
20 points
You are a ‘new entrant’ to the labour market
20 points
You hold a Ph.D. in a relevant STEM subject
20 points
You have a Ph.D. in a relevant non-STEM subject
10 points
Tradeable points you can earn on Salary
Salary of £20,480 (minimum) to £23,039
0 points
Salary of £23,040 to £25,599
10 points
Salary of £25,600 or above
20 points
Salary of £20,480 and job listed in health or education sector meeting national pay scale
20 points
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.
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
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.
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.
