We are delighted that our recently introduced column ‘Gherson Answers Your Questions’ continues to gain traction.
Our team makes every effort to answer the various enquiries we receive on UK Immigration, Nationality, Human Rights and EU Law, (amongst others) and provide advice and recommendations.
Here is a round-up of some of the recent enquiries we have received.
Reporting a Change of Circumstances
Question: I am in the UK on a visa and I have recently got married and changed my name. Do I need to inform the Home Office about this? If so, how do I do that?
Answer: You will be required to inform UK Visas and Immigration of any changes to the following (either for yourself or any dependants):
- Personal details;
- Criminal convictions;
- Contact details;
- Legal Representative’s details;
- Dependants’ details.
In order to do this, you have to complete a paper form and provide the relevant proof of the change of circumstance. If you have an application pending with the Home Office there is an online form which you can use to update your or your legal representative’s contact details.
If the change is in relation to your own personal details, such as a change to your name, you may also be required to apply for a new Biometric Residence Permit (“BRP”).
The Global Talent Visa
Question: I am the creator and manager of a number of Technology businesses, all of which are profitable and which have won or been nominated for awards. I would like to apply for a Global Talent Visa. Do you have any experience with this visa route?
Answer: We regularly assist clients with applications under the Global Talent visa category. It is worth noting that unlike a number of other visa categories, this immigration route very much depends on the applicant’s individual achievements and therefore requires a bespoke approach in every case. Please also note that the application process is made up of two stages and that you must obtain an endorsement from a UK Designated Competent Body prior to making your visa application (such as Tech Nation for those specialising in Digital Technology for example). In light of the narrow eligibility requirements of this scheme, it may also be worth looking at other immigration routes that may be available to you.
The Sportsperson visa
Question: I am thinking of applying for a Tier 2 Sportsperson visa. What do I need in order to qualify?
Answer: This visa route is for an elite sportsperson or qualified coach who is sponsored to work in a role where they will make a significant contribution to the development of a sport at the highest level in the UK.
In order to apply for this visa you must satisfy the following requirements:
- You must be an elite sportsperson or a qualified coach;
- You must have a Certificate of Sponsorship that has been assigned to you by your employer (your employer must hold a valid Sponsor Licence that enables them to do so);
- Your application must be endorsed by the relevant Sports Governing Body to confirm that you are internationally established at the highest level and that your employment will make a significant contribution to the development of the sport at the highest level in the UK;
- You must satisfy the English Language requirement;
- You may need to demonstrate that you have sufficient funds to support yourself in the UK.
In addition, you must also not fall for refusal under the general grounds for refusal or be in breach of immigration laws.
Passing UK Nationality to a Child
Question: My son was born in Uganda. His father is a naturalised British citizen. Is it possible to obtain a British passport for my son based on his father’s British nationality?
Answer: Your son may have a claim to British citizenship and be able to apply for a British passport, provided he was born after his father obtained British citizenship himself. This is because your son’s father would have obtained his own British citizenship ‘otherwise than by descent’ and could thereafter pass his citizenship to his child, regardless of where the child is born. Please note, however, that HM Passport Office demands extensive evidence from a parent, which, amongst other things, may involve taking a DNA test to establish paternity, especially if the parents were not married at the time the child was born.
Family Visitor Visa: Warning for long-term Family Visitors
Question: I have a 2-year UK Family Visitor visa and I am planning to visit my daughter’s family in the UK. I would like to stay with them for several months and help look after my grandchildren. Is this possible?
Answer: You are allowed to come and visit your daughter and grandchildren in the UK for this purpose but you cannot undertake paid or unpaid work whilst you are staying in the UK as a visitor.
You are permitted to stay in the UK for up to six months per visit but you should be careful that you do not end up residing in the UK through frequent or successive visits. For example, if you stay in the UK for almost six months, leave for a few weeks and then come back for another five months, you may be considered to be residing in the UK and this would be in breach of the conditions of your visitor visa and this may jeopardise any future visa application. It is also very important that you do not overstay the permitted six months period per visit.
Contact Us!
Gherson has extensive experience in all aspects of UK immigration law and all the available visa routes. If you have any specific questions regarding relocation to the UK or you would like to talk to us about your specific circumstances, please do not hesitate to contact us.
The information in these blogs is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss, which may arise from accessing, or reliance on information contained in these blogs. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021