20 Years Long Residence – what are the visa requirements?

This guide will briefly explain the general requirements that must be met to apply for leave to remain based on 20 years residence. All requirements must be strictly met, otherwise the application will be refused.

Firstly, what is the 20 years long residence route?

The 20 years long residence route allows a foreign national to apply for permission to stay in the UK for 30 months if this person has lived in the UK for 20 years continuously, whether lawfully or unlawfully. This visa is granted under Article 8 of the Human Rights Act 1998 as the right to respect for private and family life.

What are the requirements?

In order to qualify for 20 years long residence, you must satisfy a number of requirements. These requirements are as follows:

You have lived continuously in the UK for at least 20 years, either legally or illegally.
There are no public interest (public good) reasons why it would be undesirable to grant you leave to remain in the UK.
You meet the suitability grounds which includes any period of imprisonment or time spent in prison.
You have not been absent from the UK and have not left the United Kingdom

Continuous Residence

The Definition of “continuous residence” is to show that you have been in the UK for the past 20 years without any gaps in residence. Continuous residence is considered to be broken if the applicant has:

You have been absent from the UK for a period of more than six months at any one time, or absent from the UK for a shorter period but do not have valid leave to enter the UK on your return, or valid leave to remain on their departure from the UK.
You have been removed or deported from the UK, or have left the UK following the refusal of leave to enter or remain.
You have left the UK and by doing so, showed a clear intention not to return.
You left the UK under circumstances in which you could have no real chance of returning to the UK lawfully.
You have been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences.
You have spent a total of 18 months outside the UK throughout the whole 20-year period.

Process

Before the application, you will need to provide your identification documents such as passport and biometric information, as well as supporting documents showing that you have actually lived in the UK for 20 continuous years.

Once you application has been submitted, you will need to book a biometric appointment so that you can attend a visa centre to submit your biometric information (fingerprints and a photo). You will not be able to submit any further documents after your biometrics have been submitted and your application will be under consideration.

Presently, the Home Office can take up to 6 months from your biometric submission date to decide an application made for the first time unless there is a delay.

There is a number of reasons why an application can be delayed, but most commonly it can be failure to provide all the required documentation, and / or the need to attend an in-person interview. Doing everything right in your application increases the chances of the approval of your application within a short waiting time.

To help avoid such potential delays, please contact us to assist with your 20 years long residence applications, ensuring that avoidable delays, and refusals are dealt with at the application stage.

20 years long residence – what happens if it is granted?

Should your application be granted you will be granted limited leave to remain for a period of 2.5 years or a period of 30 months.

You will be eligible to live in the UK within this time. You will be able work without any restrictions and study in the UK.

20 years long residence – what happens if it is refused?

Where an applicant has had 20 years continuous residence in the UK, their application may only be refused on suitability grounds (generally on grounds of public good) or if their application is not valid (for example, they did not pay the correct fee).

Extension

A person who is already in the UK on leave to remain which was previously granted for 30 months on the basis of 20 years long residence can apply for renewal of his/her leave to remain 28 days prior to the expiry of their leave to remain.

Is fast track available?

Please note that super priority service is available in which you will get a decision the next working day. For applications made within the UK, the Home Office fee is £800.

Fees

You will need to make payment of the Home Office fee, Biometric fee, and Immigration Health Surcharge when your application to the Home Office is ready to submit. Presently, the fees are as follows:

Application	Home office fee	Biometric fee	Immigration Health Surcharge
20 Years Long Residence	£1,048	£19.20	£624 per year

Please note that when applying for entry clearance, the actual fee paid may be higher due to payment being processed in the local currency.

When can you apply for Indefinite Leave to Remain (ILR)?

After you get the 20 years long residence, you will then be eligible to apply for ILR once you have accumulated a period of 120 months (i.e., 10 years) lawful residence. So, under the 20-year rule, it will be 30 years from entry to the UK before the person is eligible to apply for settlement.

At Lisa’s Law, we regularly assist in applying for 20 years long residence applications within the UK. We will advise and represent you throughout the process. Contact us today to start the process.

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James Cook

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Account Freezing Order involving seven figure sum successfully challenged and cleared by Lisa’s Law

By Yitong Guo

In the past 6 months, the Litigation team at Lisa’s Law successfully assisted an individual client to challenge two Account Freezing Orders (AFOs) against their personal accounts and have the full seven figure sum released.

Keep reading to learn about the case and how we got the desired outcome for our client.

Background

The background and conduct of the case was relatively straightforward. Earlier in 2022, our client’s various UK bank accounts were subject to AFO applications issued by the police: some were with notice whilst others were not. The time requested for the AFOs to be effective was 6 months with possibility to extend.

We produced evidence and challenged on the facts that the time requested by the application was disproportionate. Our argument was accepted by the court and the valid time of the AFOs were ordered to be 4 months instead of 6 months. Thereafter, we worked hard to prove that our client’s funds were indeed from legitimate sources by going through every transaction that was asked by the police. It was a tedious auditing process.

Proceeds of Crime Act (POCA) and AFO

The AFO was introduced by the Criminal Financial Act 2017. It brought into force new powers under S 303Z1 to 303Z19 of the Proceeds of Crime Act 2002 (POCA). Funds can be frozen for up to 2 years whilst authorities are allowed to investigate.

S 303Z1 provides the definition of AFO as such: (a) an account freezing order is an order that, subject to any exclusions (see section 303Z5), prohibits each person by or for whom the account to which the order applies is operated from making withdrawals or payments from the account;

(b) an account is operated by or for a person if the person is an account holder or a signatory or identified as a beneficiary in relation to the account. (See the Proceeds of Crime Act 2002 )

As suggested, AFO will prevent the accounts in question from operating. The section also provides that the authorities can apply for such an order and the Court will grant the application where there are mere reasonable grounds to suspect that money held in the accounts originates from unlawful conduct or intended for use in unlawful conduct.

The AFO is a civil mechanism to freeze any suspicious assets. Although the application would normally be made by the relevant authorities including regional police forces, the Serious Fraud Office (SFO) and the National Crime Agency (NCA), the burden of proof for granting such orders is ‘not beyond reasonable doubt’ as in the criminal case, but more so on the probability of balance. More significantly, it works as a catch all mechanism to encompass any assets suspected of being used for unlawful conduct.

When compared to other economic restraining methods, for example, the Unexplained Wealth Order (Criminal Finances Act 2017, such order must be made to the High Court, the minimum value held must be in excess of £50,000.00); whilst Restraint Orders (section 41 of POCA, criminal investigation must be underway or there must be reasonable grounds to suspect that an individual has benefitted from criminal conduct).

AFO in comparison is relatively easy for the relevant authorities to satisfy the threshold for the court to grant the application. As a result, since it came into force, AFO became increasingly popular and it is adopted by the relevant authorities to freeze and forfeit funds in the bank accounts in the UK where criminal activity is suspected.

Satisfying Result

Given the wealth of experience that our team has, we understand the purpose of an AFO and its legal effect. We responded by assisting the client to challenge the police’s allegations against our client’s funds. We first gathered and consolidated evidence rebutting the reasonable grounds of the suspicion in relation to both the source and intended use for the funds. We managed to trace and prove the source of funds and source of wealth. Furthermore, we assisted client in replying to detailed enquiries made by the police.

In the end, the reply and evidence we have supplied were sufficient to satisfy the police’s investigation. After 4 months of investigation, the Police declared the funds to be cleared of suspicion and the full sum in all accounts were released. No forfeiture was made.

Conclusion

In recent years we have seen increasing cases involving AFO which prove to be an effective tool for the authorities. As for individuals or companies who are subject to such applications or orders, you might be asked by the relevant authorities to provide confidential documents on source of funds or be asked to have face-to-face interviews.

Despite this not being a criminal investigation, we strongly recommend that independent legal advice is sought before engaging with the relevant authorities or providing sensitive information which might be incriminating. This is especially the case among individuals who might have considerable amount of cash deposit into their account. There is a possibility that this conduct raises suspicions that the accounts were used as money exchange facility (without regulation) or money laundry, and that the deposit in effect, is likely to be seized as proceeds of crime or unlawful conduct.

The caseworker for this case Yitong Guo (Solicitor); the case is led by Evveline Loh (Litigation Supervisor).

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James Cook

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Most postgraduates on student visas to be banned from bringing dependents to the UK

Undergraduate students are not permitted to bring their partner and children to the UK when they come to the UK to study. However, until now, all postgraduate students have had the potential to do so.

That was the case until this week, when the Home Office announced new restrictions to the student visa route. Postgraduate students will no longer be allowed to bring family members to the United Kingdom while they study unless they are on a PHD program or postgraduate research program.

The Home Office also announced that those on a student visa would no longer be able to switch to a work visa prior to their studies being completed. You can find out more about that change is our previous article here.

Rise in dependent visas

The Home Office has announced this new restriction on family members of students in light of the substantial increase in dependent visa in the UK. The new reforms will come into effect in January 2024, however the exact date is yet to be confirmed.

In the latest immigration figures announced today by the Office for National Statistics (ONS), it was revealed that student visas were up by 22% in 2022 at 480,000. The figure for dependents was also relatively high at 136,000, overall double 2021’s figure of 55,000 and over seven times 2019’s figure of 19,000. This goes some way to explaining the government’s desire to heavily reduce these figures as part of their overall aim to cut migration.

Students with a visa have to provide documents proving their relationship to their dependents, who must pay £490 for a visa, and also contribute an annual surcharge of between £470 and £624 towards the NHS. Postgraduate students also need to show that they have sufficient money to support their family in the UK.

If you are presently a postgraduate student here in the United Kingdom and wish to bring your family to the United Kingdom, contact us now as once the new rules come in next year it will be too late.

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James Cook

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Overseas students barred from switching from student visa to work visa until education is completed

In 2022 there were over 485,000 student visas granted according to the Government website. This represents a 29% increase compared with visas granted in 2021.

Many who come to the United Kingdom on a student visa complete their studies and apply for employment in the United Kingdom with their newly earned qualifications. This process involves obtaining sponsorship from an employer and applying for a work visa.

There are also those who have come to the UK to study and before completing their course have been able to secure sponsorship from an employer and have applied to switch from a student visa to a work visa, prior to completing their course. Immigration rules permit this, and we have helped those who have received an attractive offer midway through their studies do so.

Despite this, the Home Office has become increasingly concerned by the large increase in the number of students that are switching to work visas midway through their studies. The increase is something that the Home Office did not expect.

Change from January 2024

On 23rd May, the Home Office announced new restrictions to the student visa route. From January 2024, the Home Office’s new reforms will prevent overseas students from switching to a work visa until their studies have been completed. The government’s reasoning for this is to “prevent misuse of the visa system”.

This change is part of the government’s overall aim to cut net migration, a popular move with Conservative politicians and voters alike. Net migration was over 500,000 between June 2021 and June 2022, a figure expected to rise in tomorrow’s announcement by the Office for National Statistics. Home Secretary Suella Braverman has previously stated her aspiration to cut net migration to the “tens of thousands”, a figure unlikely to be achieved even with the latest announcement.

If you have been offered an attractive job offer and wish to switch, then contact us today and we will be happy to help.

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Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Welcome Qingge

We are delighted to welcome Qingge Zhao to Lisa’s Law. Qingge joins the team as a legal assistant and has already displayed her aptitude in the role since joining.

Qingge is a recent LLM graduate from London School of Economics and Political Science, and is hoping to qualify as a solicitor in the future. Previously, she completed her Bachelor of Laws at East China University of Political Science and Law in China.

Prior to joining Lisa’s Law, Qingge worked as a paralegal at a law firm, and as a judge’s assistant at a local court in China.

She is fluent in both English and Mandarin.

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Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Probate – frequently asked questions

In the last article in our series of frequently asked questions about some of the biggest Family Law topics, we take a look at the topic of probate, the process of dealing with someone’s estate once they die.

At Lisa’s Law, we specialise in probate and all other major aspects of family law. Need help with probate? Get in touch with us today.

But without further ado, let’s get into the FAQs.

What to do after someone passed away?

You first need to register the deceased’s death, obtain the death certificate, plan their funeral, and submit an application to the Court. If the deceased has a will, the executor named in the will can apply for probate, which he/she will have the authority to do so from the day the deceased passed away. If there is no valid will, it is a bit more complicated. Family members will need to submit an application to the Probate Registry for a grant of representation.

What is a grant of representation?

A ‘grant of representation’ is the generic term for the legal order issued by the probate court in the estate of a deceased person in England and Wales. The grant gives legal authority to prove that the executor or administrator (the personal representative) can administer the estate. There are two common types of grants of representation: (a) a grant of probate, which is used where the deceased left a valid will appointing executors who are able and willing to prove the will; (b) a grant of letters of administration, which is used when the deceased died without a valid will.

What do you need to do before applying for a grant?

Executors/administrators first need to identify assets and liabilities and ascertain the value of the estate, this might include checking how much is left in the bank account(s) or checking whether there is anything valuable left in the deceased’s safe. If the deceased owned properties, the value of the properties needs to be ascertained. They would also need to acquire information on the amount of outstanding liabilities as of the date of death, any credit card bills etc.

If the total amount of the estate is over the nil rate band (£325,000 for 22/23), the executor/administrator should deliver an account to HMRC giving full details of the deceased’s estate and pay the relevant inheritance tax. The executor/administrator also will need to submit an application for the grant of representation.

What do you need to do after obtaining the grant? Is a grant necessary?

The grant application involves filling in an application form, you would also have to submit the original death certificate and the original will. After the grant is issued by the court, you would have to repay all the debts owed by the deceased before distributing the estate to the beneficiaries. If there is a will, the estate can be distributed according to the testator’s wishes. If there is no will, you would have to administer the estate according to the intestacy rules.

It is necessary to apply for a grant if there are real properties in the estate, or if the deceased had a large amount of cash in his bank account(s), or if he had stocks and shares. That is because in order to deal with these assets, organisations such as the banks, the Land Registry and companies etc would need to see the original grant issued by the court.

Does inheritance tax need to be paid before the application for a grant of representation?

Before you submit an application for probate, you would first need to declare and pay the inheritance tax due. In practice, after HMRC confirms the IHT has been paid in full, HMRC will issue the IHT receipt to the Probate Registry directly (not to the payee). Once the Probate Registry has the record of the IHT receipt, it can proceed with the relevant probate application. Therefore, in order to obtain the grant, the personal representatives will have to pay any IHT due on the delivery of the IHT account.

Is it correct to think of inheritance tax as a death tax?

Most people understand inheritance tax to be a tax on the deceased’s estate (property, money and belongings), but this is not entirely true. The value transferred for IHT purposes is measured by the “loss to donor” principle, which means if an individual gives away an asset, the value of his overall estate is reduced. The amount of this reduction is the ” loss to donor “.

For inheritance tax purposes, a “chargeable transfer” is not only a transfer on death, but also applies to lifetime gifts. In effect, when an individual dies, he is deemed to have made a chargeable transfer of the amount equivalent to the value of all his assets at the date of death. If a gift is made during an individual’s lifetime, the value transferred by that gift may also be subject to inheritance tax, as there would be a loss to the transferor of the estate as a result of such an actual disposal. Of course, there is no inheritance tax involved in arm’s length transactions, i.e. where a sale is made without any “gratuitous intent”. Expenditure on the maintenance of an individual’s family is also not considered to be a transfer of value for inheritance tax purposes.

What are Potentially Exempt Transfers?

Potentially exempt transfers are deemed to be exempt while the donor is alive. All gifts between individuals are generally potentially exempt transfers, whereas a gift to a corporation is not a potentially exempt transfer. A potentially exempt transfer will not give rise to an inheritance tax charge while the donor is alive. If the donor survives for 7 years from the date of the gift, then the potentially exempt transfer will be fully exempt. If the donor dies within 7 years of the transfer of the gift, it becomes a chargeable transfer.

It is important to note that if the transferor retains any interest in the assets after giving them away, regardless of when the gift is made, it does not qualify as a potentially exempt transfer, which is known as a gift with reservation of benefit.

Inheritance Tax nil-rate band

The nil rate band is the maximum amount on which an estate is not subject to inheritance tax. Everyone is entitled to a tax-free nil rate band, which is £325,000 in the tax year 22/23. The portion of an estate that does not exceed the nil rate band threshold is charged at a rate of 0%. Any part of the estate above the threshold is subject to a rate of 40%.

What should I do if my relative passes away without leaving me any inheritance in the Will?

Testators are free to dispose of their estate, but they have to satisfy the test of testamentary capacity, and they have to comply with the formal requirements for making a will, etc. They can choose to not make a will, in which case their estate will be distributed according to the rules of intestacy. The Inheritance (Provision for Family and Dependants) Act 1975 gives the Court the power to change how the deceased’s estate will be distributed so that the deceased’s family and dependants will be able to get a certain amount from the estate.

The effect of the said legislation is that the testator will not be able to disregard the need of someone who is dependent on him. However, the purpose behind the legislation is not to reward disappointed beneficiaries but to ensure that the reasonable needs of dependents are met.

What are the conditions for making a claim under the Inheritance (Provision for Survivors and Dependants) Act 1975

The first requirement is that the deceased had to be domiciled in England and Wales at the date of death. There are also strict time limits on the application as it must be brought within six months of the date of the grant of representation. If six months have passed, it can only be brought with the permission of the Court.

The applicant can be the deceased’s spouse or civil partner; the ex-spouse who has not remarried; a cohabitant who has lived with the deceased for at least 2 years; a child of the deceased or a person who was considered a child by the deceased during his or her lifetime; a person who was wholly or mainly dependent on the deceased immediately prior to his death. An applicant may apply to the Court for reasonable financial support in respect of the deceased’s estate.

What are the factors the Court must consider in an Inheritance Act claim?

The Court must first consider two questions: (a) Whether reasonable financial provision has been made for the applicant under the Will or the intestacy rules and (b) if not, what order should be made for financial provision from an estate. The Inheritance (Provision for Family and Dependants) Act 1975 gives a list of factors for the Court to consider, this includes:

the financial resources and needs that the applicant has or is likely to have in the foreseeable future;
the financial resources and needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
the financial resources and needs which any other applicant has or is likely to have in the foreseeable future;
any obligations and responsibilities which the deceased had towards any applicant or any beneficiary of the estate of the deceased;
the size and nature of the net estate of the deceased; any physical or mental disability of any applicant or any beneficiary of the estate of the deceased;
or any other matter the Court may consider relevant, including the conduct of the applicant or any other person.

How much do your change for the application for a grant representation?

Depending on the complexity of the estate, our fees start from £2,000 to around £5,000+VAT.

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Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Late-night sausage rolls on the menu as Greggs and Westminster Council reach license agreement

There are many who, after a night out on the town, may find it difficult to resist the siren’s call of the nearest fast-food establishment. However, licensing rules in England and Wales often prevent certain hospitality businesses from opening late at night. Such a situation recently arose in a dispute between the high-street bakery chain, Greggs, and Westminster Council over the past year. However, in the lead up to an appeal hearing, the two parties finally came to a license agreement earlier this week.

But what was this dispute about and why are Greggs unable to sell ‘hot food’ from their flagship Leicester Square store?

Keep reading to find out.

Background

Prior to opening its flagship Leicester Square store last year, Greggs applied for a license under the Licensing Act 2003 to sell hot food between the hours of 11am and 5am. This formed part of their plans to operate the store 24 hours a day, however this was quickly quashed by the council’s decision to reject the application. This decision was informed by claims by the police that a successful application could lead to a wave of “crime and disorder” through “late-night disturbances and antisocial behaviour” in the area. This is despite the fact that a nearby McDonald’s is allowed to open late into the night.

The situation is slightly complicated by the fact that Greggs doesn’t need a license to sell products such as sausage rolls and other bakes as they are made elsewhere and kept at an ‘ambient temperature’ in the store.

Greggs does however need permission to sell hot food and drinks, including bacon baps, sausage breakfast rolls, chicken goujons, as well as tea and coffee between 11pm and 5am. Schedule 2 to the Licensing Act 2003 specifically refers to ‘hot food and drink’ between the hours of 11pm and 5am. Food is only considered to be hot if, prior to being supplied to the consumer, it has been heated for the purposes of being consumed above the ambient air temperature. The point of supply is defined as being when a meal is served at a table or when a takeaway is handed to the customer.

This only applies to premises such as takeaway food outlets and night cafes, with shops, stores and supermarkets selling cold food and cold drink from 11pm not licensable as providing late night refreshment.

Greggs announced its intention to appeal the ban in April 2023, with the three-day appeal hearing scheduled for 16^th May at Westminster magistrates court.

Greggs and Westminster reach agreement

Despite the scheduled court hearing, the two parties reached an agreement in the last few days to trade into the early hours at its Leicester Square store. The agreement will allow Greggs to open the flagship store until 2am from Thursday to Saturday, and until midnight from Sunday to Wednesday.

Despite this, the bakery chain will continue to be unable to sell hot food after 11pm. This means no chicken goujons and potato wedges for customers, but hot drinks will be permitted.

Further conditions will also be applied to Greggs, including the installation of CCTV, use of door supervisors, as well as the requirement to clear litter outside the premises. Greggs have argued that the overnight hours would mainly attract shift workers and emergency service workers, rather than groups of antisocial people.

Our comments

The continued restrictions on Greggs being able to sell hot food late at night seems fairly arbitrary considering that the nearby McDonald’s is able to do so. Westminster Council stated that Greggs would “need to try to convince the court that their evidence provides exceptional reasons for allowing the premises to operate until 5am”, which clearly it failed to do.

The official guidance on the licensing of late night refreshment states that the reason for the regulations is because of alcohol-fuelled crime and disorder in the night-time economy, particularly if they are near pubs and nightclubs. Clearly, this disproportionately affects a capital city like London, which has continued to seen a decline since Covid. This is exemplified by the fact that there has been a 27% fall in the number of hospitality employees working between 6pm and 6am since 2018.

Fundamentally, it is important to ensure that you and your business understand the rules regarding the licensing of late night food and drink. This also applies to the sale of alcohol, which can itself carry a punishment without the appropriate license.

As a law firm which specialises in commercial law, if you have any doubts regarding whether your business requires a license, please don’t hesitate to get in touch with us today!

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Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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UK Visitor Visa – FAQs

You may have seen our recent guide on the UK Visitor Visa. Well, in today’s article we have compiled a range of the most frequently asked questions about the Visitor Visa.

Have a question about this visa? You’ll probably find the answer to it below. If not, get in touch with us today!

Q: How much funds do I need to show for a UK Visitor visa?

A: It is necessary to have enough money to support yourself during your stay in the UK, but there is no specific amount required. It’s important to consider your planned activities and living expenses in the UK, as the caseworker reviewing your application will assess the potential cost of your stay and your available sources of revenue. They will also consider your income and savings in relation to any financial responsibilities you have in your home country to determine whether you have enough funds to support yourself during your visit.

Q: What is the earliest time for me to apply for a Visitor visa?

A: The earliest you can apply is 3 months before you travel.

Q: Who can sponsor a visitor to the UK?

A: To support an application for a UK Visitor Visa, a sponsor such as a friend, family member, or business associate can provide sponsorship. The necessary documents for sponsoring a UK Visitor Visa typically include evidence of accommodation arrangements and the sponsor’s financial status, as demonstrated by their bank balance.

Q: What does it mean to make “frequent or successive visits” to the UK?

A: There is no fixed limit on the amount of time you can spend in the UK as a visitor, as long as you don’t exceed six months on each visit. However, if a caseworker suspects that you are attempting to establish UK residency through frequent or repeated visits, your application for a Standard Visitor Visa may be rejected. Your travel history will be assessed by the caseworker, including the duration and frequency of your previous visits to the UK.

Q: Can I renew my Visitor visa?

A: The maximum duration for a Tourist visa is six months, and it is not possible to apply for or extend it beyond that period. If an applicant initially applied for less than six months and wants to extend their stay, they must apply for an extension before their current leave expires.

Individuals who require frequent visits to the UK can apply for a multi-entry visit visa that can be valid for two, five, or ten years. However, they must provide evidence that there is a valid reason for their frequent visits. It is mandatory for multi-entry visa holders to ensure they do not stay in the UK for more than six months in any consecutive 12-month period.

When applying for a multi-entry visa, the applicant should provide evidence that they will depart the UK at the end of each visit and that their purpose for visiting the UK remains the same throughout the validity period of their visa.

Q: What happens if my application for a UK Visitor visa is refused?

A: If your application is refused, it is unlikely that you can appeal the decision. If you wish to challenge a refusal, you may have to do so by way of judicial review.

In case of a refusal, seeking expert legal advice from our immigration solicitors might be helpful for making a fresh application. Lisa’s Law will help you with a well-prepared application that addresses each reason for the refusal, which would be essential for the success of the fresh application.

Q: Can I switch from a Visitor visa to a different type of visa?

A: No, you cannot switch from a Visitor visa to any other visa in the UK. You will need to make a fresh application on other types of visa which you wish to apply. The purpose of the Visitor visa is to allow individuals to come to the UK for a temporary visit rather than for a long-term or permanent stay in the country.

Q: What happens if I have overstayed on my Visitor visa?

A: In case you fail to leave the UK within 30 days of your visa or leave expiring, you will be considered an overstayer and will be liable for deportation. You should find out what steps to take if you are at risk of being deported. If you leave the UK after 30 day, you may face a ban from re-entering the UK for a period between 1 to 10 years.

Q: What happens if I get caught working on my Visitor visa?

A: If you get caught, there are several consequences you may face such as being deported to your home country, needing additional documents for future travel to the UK, or receiving a ban from entering the UK for several years. Should this be applicable to you, please contact us.

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James Cook

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Can I still apply for settlement if I exceeded the absence limit due to Covid?

We were recently approached by a client who entered the UK in 2012. Since entering, he applied for a number of visas and accumulated 10 years lawful residence in the UK. Our client applied for Indefinite Leave to Remain / Settlement himself on the basis that he had been in the UK for 10 years lawfully.

Paragraph 276 of the immigration rules confirms what is considered as lawful residence and in what circumstances lawful residence is considered broken. One of those circumstances is if the applicant has left the UK for longer than 548 days in 10 years.

Our client left the UK for over 1,000 days within the last 10 years and therefore his application was refused. However, the Home Office did not seem to consider the fact that 700 days’ worth of absences was due to the client being stuck in China during the Covid-19 pandemic.

We are of the view that the Home Office have a duty to consider such circumstances as exceptional. Covid was a worldwide catastrophic event and should not be taken lightly. There are many people from China and other places in the world who faced severe restrictions preventing their return to the UK.

We have helped many in successfully waiving such absences. However, we do note that many have submitted applications themselves or are preparing to do so. We would like to give some guidance on how to prepare such an application.

So how should you prepare an application where you have exceeded absences due to Covid?

Well, the starting point would be to ensure that you are requesting that your absences related to Covid are to be considered exceptional and / or compassionate circumstances.

Entry and Exit

We suggest including your flight ticket in your application. If you could not use your return ticket, it shows that you have had an intention to return to the UK on a scheduled date but for unforeseen circumstances.

If you didn’t book a return ticket, then explain why. Were you unsure as to when you would come back for a particular reason? If so, explain and how long you were intending to leave the UK for.

UK Employment / Studies

If you had employment or studies in the UK at the time you left the UK, provide details. This is a good way of showing your commitments in the UK and that you did not intentionally wish to travel abroad for such a long time. If any consequences arose from this explain. For example, if you had to resit exams, take unpaid leave etc.

Health

If you or your family member fell ill provide details. Hospital records would help if you had them. If you had elderly family members who required support and had no one else to turn to explain. A good way is to write a statement explaining the support that you had to give. It is well known that Covid-19 posed the most risk to those who are elderly or vulnerable.

Family in the UK

If you left the UK during Covid but had family living in the UK provide details. This helps to show that you did not intend to leave the UK for so long. If you were still supporting them from abroad then provide details.

Covid-19 restrictions

Many countries had restrictions during the pandemic. For example, if you are from China, like the person in this case, explain the restrictions that China had during Covid-19. Flights were cancelled and the country was in lockdown. Once flights resumed, mention how soon after you returned.

Efforts to return to the UK.

A good idea is to provide details of efforts that you made to return to the UK. This could be arranging flights, communicating with your UK employer, or University. Email correspondence could really help evidence this.

Accommodation

Provide details if you had to organise temporary accommodation. Were you staying in a hotel? If so, provide details and argue that this cannot be considered a permanent solution. Back in the UK was you still paying your rent and complying with your tenancy, or if you own a property, still applying the mortgage? All of this shows that you had an intention to return much sooner than you did. Bank Statements would be the starting point to evidence this.

Future lies in the UK

Finally, it is a good idea to conclude such an application by providing details as to how you have built a life in the UK, how your future clearly lies within the UK and how any refusal would breach your rights under the European Convention of Human Rights.

The above is of course not an exhaustive list. It is situations that you should think about to see if it applied to you and if so, then any application should argue that the absence should be considered as a compassionate or exceptional.

All applications relying on this should be carefully considered a well prepared. Should you require assistance with such an application, then please contact us.

For more articles like this, subscribe to our newsletter today.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

James Cook

See Full Bio