• James Mugo
    Comprehensive immigration advice in all areas

Practice

stock-footage-businessmen-shaking-handsBelow, we have briefly explained some immigration requirements under different categories. But, remember that the UK immigration is very complex and changing all the time. It is therefore very important for you to seek legal advice from specialists in UK immigration law and practice. Please take NOTICE that the information given on this website does not substitute any individual advice in a particular case. Consequently, the information contained here is only for the purpose of passing information to you and should not be relied without seeking individual immigration advice from authorised immigration practitioners.

1. Working in the UK: It is always necessary within the immigration rules to get visa in advance to come to the UK in order to do any kind of long-term work or business, except for members of the EEC. For some workers, the  spouse and children under 18 of people admitted for these purposes will be allowed to come or stay here with them, for the same length of time, provided they can be supported and accomodated without recourse to public funds. New rules for entering or extending leave as a worker in the UK are under the PBS.

2.Students The basic requirements for students are that the applicant must show:

  • that the course povider is registered with the Department for education and skills and is either a publicly funded institution of further or higher education, a bona fide private education institution or an independent fee-paying school
  • ability and intention to follow either a recognised full-time degree course, a weekly full-time course at one institution with a minimum of 15 hours of organised daytime study of one subject or related subjects or a full-time course at an independent fee-paying school.
  • enrol for studies which meet the the requirements of Education Act 1944 if under the age of 16.
  • that he/she intends to leave the UK at the end of studies.
  • that one does not intend to engage in business or take employment without the consent of the Secretary of State
  • that one can meet the costs of the course and accomodation and maintenace without recourse to employment, business or public funds.

3. Postgraduate doctors and dentists- A person can get visa to enter or remain in the UK for postgraduate training as a doctor or dentist. They must show that they have not already spent 12 months in this capacity and that they are eligible for full or limited registration with the General Medical Council or Dental Council.

4. Asylum- Qualifying for asylum depends on whether you are a refugee as described in the United Nations 1951 Refugee Convention. It says a refugee is someone who is outside his or her Country of origin because of well-founded fear of persecution for one of the five reasons:

  • race
  • religion
  • nationality
  • membership of a particular social group
  • political opinion

A refugee must show that they are in real danger and need international protection for one of these reasons. For more details, please click here.

5.Humanitarian protection- If one can't meet all the conditions for recognition as a refugee, one could be granted leave to remain in the UK under humanitarian protection. However, one has to proof that his/her  life is in danger if returned, or would be at risk of torture or inhuman or degrading treatment.

If granted, humanitarian protection will last for five years, and at the end, one can apply to stay in the UK permanently. People who are granted humanitarian protection can be joined by their husband, wife or registered civil partner, and their children, but have fewer rights to travel and study than refugess who have been granted asylum.

6. Discretionary leave- If the Home Office accepts there are other reasons why it would be unfair to make one leave the UK, for example because of ill health or  for family and private life reasons, right to remain in the UK comes in the form of discretionary leave. This could be for 3 years at a time and settlement is not allowed until discretionary leave has been renewed for a total of 6 years.

7. EEC  nationals- EEC and Swiss nationals have the right to live and work in the United Kingdom. This is called the right of residence. You will only have the the right of residence in the United Kingdom if:

  • you are an EEA or Swiss national; and
  • you are working in the United Kingdom; or
  • you are able to support yourself and family in the United Kingdom without the help of public funds.