Gherson Answers Your Questions

We continue to provide advice and recommendations in response to enquiries concerning UK Immigration, Nationalityand Human Rights Law (amongst others). Please see below a compilation of some of the recent enquiries we have received and our answers to them.

Working in the UK

Question: I am looking to relocate to the UK for employment. How can I get a UK work visa?

Answer: If you are a non-EEA national (or an EEA national who entered (or will enter) the UK after 31 December 2020 and you do not qualify for Pre-Settled or Settled Status), and you have received a qualifying job offer from an eligible UK employer, you may be eligible to apply for a Skilled Worker visa. The requirements for a Skilled Worker visa are that:

• You have received an offer for employment in the UK from an organisation with a valid Sponsor Licence;
• The role you have been offered is a genuine vacancy;
• You will be undertaking a sufficiently skilled role in the UK;
• You will be paid in line with a minimum salary requirement; and
• You are competent in English language to a minimum level of B1 of CEFR in speaking and listening.

Depending on your circumstances, there may be other immigration categories available which will allow you to engage in employment in the UK. For example, if you are a citizen of a Commonwealth country and you have a grandparent who was born in the UK, you may qualify for an Ancestry visa.

Applying for British Citizenship

Question: I am a French national and have lived in the UK for 10 years. Am I eligible to apply for British citizenship?

Answer: Possibly, but you would need to meet all of the various requirements to naturalise as a British citizen. Eligibility will depend on a number of factors. The requirements will vary depending on whether you are married to a British citizen at the time of applying.

To be eligible to naturalise as a British citizen, an applicant who is not married to a British citizen:

1. must have been settled in the UK for at least one year before the date of application (i.e. they must have held indefinite leave to remain (“ILR”), permanent residence or settled status in the UK for at least 12 months before applying  and have been issued with a Home Office document confirming their status and when ILR was deemed granted);
2. must have been living in the UK legally for five years continuously before making the application;
3. must have been physically present in the UK on the date five years before the application is received by the Home Office;
4. must not have been absent from the UK for more than 450 days in total during the five year qualifying period, and no more than 90 days in the year immediately before the application is made (the Home Office may exercise discretion and disregard absences in certain circumstances);
5. must have sufficient knowledge of the English language and sufficient knowledge of life in the UK (this requirement is waived where the applicant is aged 65 or over);
6. must show good character. The applicant will be required to disclose, amongst other things, all criminal convictions and civil proceedings made against them in the UK or any other country including any criminal convictions for which they have not yet been tried in court. Criminal convictions include any convictions, including those for relatively minor offences such as TV licence and motoring offences. Note that the good character requirement covers a wide range of issues including bankruptcy and debt, notoriety and disreputable connections, etc. Where the applicant had been in breach of any immigration requirements within the 10 years prior to applying, this will likely result in the application being refused;
7. must show an intention to live in the UK (i.e. this requirement is usually met if the applicant’s stated intention is to have their home, or if more than one, their principal home in the UK).

Where the applicant is married to a British citizen, there is no requirement for the applicant to have been settled in the UK for a full year before applying. Instead, they must only hold ILR or Settled Status as at the date of application. The residence assessment is also different: they must only show that they have been lawfully and continuously resident in the UK for 3 years before the date of application (during which time they must not be absent for 270 days in total during the 3 year period, and no more than 90 days in the 12 months immediately prior to the date of application).

Question: My husband and I are EU nationals and our child was born in the UK. We have obtained Settled Status in the UK but only after our child was born. Is our child eligible for British citizenship?

Answer: As your child was born in the UK, and you subsequently obtained Settled Status, your child may be registered as a British citizen at any time prior to their 18^th birthday. Once the Home Office have registered your child as a British citizen, an application can be made for your child’s first British passport.

Beware of Scam job offers

Question: What documents do I need to apply for a Skilled Worker visa? I have been told that my employer will send documents for my work visa from their side, and I can then travel to the UK straight away! This does not sound right, should I be concerned?

Answer: Yes, you should! In almost all cases, you will be required to apply for a Skilled Worker visa at a UK Visa Application Centre in your country of residence before travelling. Only if the visa is issued would you be in a position to travel to the UK and commence employment with your sponsor employer.

We have received a worrying number of enquiries about phoney job offers sent out by criminals posing as UK companies. You should be especially wary of any prospective employers who request that you transfer money to them to cover the costs of a visa application. In order to help protect yourself from scammers and identify whether the job offer you have received is legitimate, we advise that you seek independent legal advice.

Please note that if you accept an illegitimate job offer and enter the UK illegally, it will be extremely difficult to regularise your immigration status once you are in the UK. If you are found to be living and working in the UK illegally, you are very likely to be deported to your home country and may find it difficult to return to the UK due to the negative impact this will have on your immigration history.

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.

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