UK immigration

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UK immigration FAQ of 2019

2019 was a busy year, with many changes to the UK immigration rules. We have compiled some of
the most frequently asked questions we have received from clients this year.

UK immigration

Image via Adobe Stock

Switching to another Tier 2 UK employer

I am a Tier 2 (General) visa holder. Will switching to another Tier 2 employer jeopardise my Indefinite Leave to Remain qualifying period?

Tier 2 (general) migrants can switch employers while in the UK and still obtain ILR after completing five years in the UK. They will then have obtained this status by using a combination of both the initial employment and the new employment.

For a new company to take over the Tier 2 sponsorship, they will need to ensure that they have followed the correct processes before the migrant commences work with them.

Applying for a Tier 4 Student Visa

I would like to study in the UK. How soon can I apply for a Tier 4 Student visa?

Once the UK educational institution accepts you on a study course, they will provide you with an electronic Confirmation of Acceptance of Studies (CAS). You will only be able to apply for your UK student visa three months before the start of your study course. To start the process and get all documents ready, you can, of course, contact Breytenbachs in advance of these three months. Please keep in mind that your CAS number is only valid for six months.

Applying for UK visa while in the UK as a tourist

I am currently visiting my sister in the UK, and have a UK visitor visa. Can I switch to another UK visa while I am here?

Persons often think that they can visit the UK to check things out, and decide whether they want to live and work in the UK, and then apply for another type of visa while they are there.

It is important to note that one is not allowed to switch to another type of UK visa while in the UK on a UK visitor visa. You have to return to your home country, and submit the application for the visa or permit from there.

It is only in very exceptional circumstances that a person is allowed to switch while on a visitor visa, e.g., a person coming to the UK to get funding for the Innovator visa, and who already have a supporting letter from the endorsing body.

Protecting your South African citizenship

Do I need to do anything regarding my South African citizenship, before I apply for my British citizenship?

South Africans have to apply to retain their SA citizenship before taking on any other nationality through naturalisation. If a person fails to follow this process, they will automatically lose their South African citizenship. Furthermore, we have found that even if a person takes up a second nationality through direct descent, it is important to safeguard his/her SA nationality status.

UK Ancestry Visa dependants and British Citizenship

I am a UK Ancestry Visa holder. My dependants only arrived in the UK a number of months after I have arrived. When will they qualify for British Citizenship?

The dependants of the Ancestry visa holder can apply Indefinite Leave to Remain at the same time as the main visa holder. Even if they have only been in the UK on this status for a period shorter than the qualifying period of five years, they can apply. However, once they obtain Indefinite Leave to Remain, they will first have to fulfil the five-year residence period in the UK, before they can apply for British citizenship.

Immigration Health Surcharge and ILR application

I will qualify to apply for Indefinite Leave to Remain later this year. I am very concerned about the cost of the Immigration Health Surcharge, as I am struggling to put money aside for my ILR and British citizenship application fee. Do both applications entail an IHS payment?

The good news for persons applying for Indefinite Leave to Remain and British citizenship is that there is no Immigration Health Surcharge payable with these types of application. 

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. For more information or help with your immigration matter, please send an email to info@bic-immigration.com or visit the Breytenbachs website at www.bic-immigration.com