Common Concerns On UK Visa, Residency


Intending travellers to the United Kingdom from Nigeria have had to deal with a number of avoidable issues. In fact, the sheer lack of the right information has also made some to embark on life threatening steps. Below are answers to commonly asked questions on UK visas and residency.
What types of visitor visa available in the United Kingdom?
Four types of visit, each with a specific permitted duration:
Standard visitor is usually tourist or those intending to visit family or friends up to six months.
Private medical treatment (11 months).
Academic conducting permitted activities (up to 12 months)
Marriage/civil partnership (up to six months)
Permitted paid engagements (one month)
Student visitor-entry for a short course of study (studying English( up to 11 months.
What are my rights as a visa applicant?
To have your application considered within a reasonable time.
What are the possible routes to obtaining permanent residency in the UK?
Ten Year Rule – one can gain indefinite leave to remain in the UK if he can show that he has been residing in the UK continuously and lawfully for 10 years.
Continuous residence – means that the residency is not broken by the absence of up to six months or less.
Lawful residence – the 10 years period is with leave to remain or enter or where one is exempted from immigration control, for instance, soldiers.
Family members of qualified persons (EEA Regulations) – A non –EEA national spouse/dependent can accompany or join and reside with an EEA national who has a right to reside in the UK.
Spouse visa – you can apply to enter the UK as the partner of a person (sponsor) who is either British, settled in the UK or in the UK with refugee status or humanitarian protection.
Point based system
What about Student visa?
First step:- obtain college/university Certificate of Acceptance for Studies (CAS).
Second step:- apply for entry clearance three months before the start date of the course of study.
Length of visa:- Leave/visa will be granted for the duration of the course
If I have six months visa, can I work?
Taking up employment whilst in the UK on a standard visitor visa is prohibited.
Can I study within the six months period?
A short term study visa allows you to come to the UK for the sole purpose of doing a short course.
The standard visitor visa, marriage/civil partnership and permitted paid engagement visa allows you to study up to 30 days provided that studying is not your main reason for visiting.
Under what circumstance can I be deported from the UK?
If you overstayed your visit (breach of immigration laws/rules
If you commit a criminal offence and sentenced to imprisonment for a period of 12 months or more in one single conviction.
If the Home Office determines that your presence in the UK is not conducive to the public good.
What happens after the deportation, can I go back to the UK?
Where a person is deported, that person is prohibited to return, whilst such order is extant. Before attempting to apply to return to the UK, the deportee must first apply for the deportation order to be revoked.
Assuming I have a visa genuinely, can I still be refused an entry on arrival to the UK?
Yes, if you are suspected of making a false representation or your circumstances have changed.
If I am refused entry, what else can I do?
You contact a lawyer who will seek administrative review of the decision and apply for a temporary admission for you in order to make your application effective.
In what circumstances can I get compensation if wrongly refused a visa?
You will not get financial reward, but your case may be reconsidered under administrative review.
What happens if I am pregnant and have my baby born in the UK?
If you are pregnant by a British partner, then, your child automatically becomes a British citizen by birth.
If you are pregnant before you enter the UK, the child born has no claim to British nationality. However, if the child lives in the UK for the first seven years of his/her life, can acquire British nationality by registration.
What can I do if banned for 10 years as a visa applicant for an alleged fraud /deception?
If the allegations are true, you would have to wait for the 10 years to lapse. However, if you have evidence to the contrary, you would have to provide this in order to challenge the decision.
What should I do if I am invited for an interview?
Attend the interview and give an honest answer to questions.
Upon my arrival in the UK, what are my rights, if arrested as an immigrant?
Free legal advice
If I am refused visa can I apply again or appeal against the decision?
Yes, you can re-apply or ask for administrative review or challenge the decision at High Court in the UK. However, you do not have right of appeal.
What is the role of MartynsRose Solicitors in all these?
MartynsRose Solicitors can advise and represent affected applicants either at the start of the application or after a decision is made on the application. At the application stage, we can help and advise you in line with UK immigration laws.
At the decision stage, MartynsRose Solicitors can either ask the British High Commission to review its decision or judicially challenge the decision at the High Court in London.
Martyns is the Chief Executive Officer of MartynsRose Solicitors, London.