At Craig Smith & Associates we are committed to providing value to our clients, whilst offering the highest standards of legal professionalism. Should you be seeking qualified UK immigration lawyers based in South Africa, to assist you in your move to the UK then please do not hesitate to contact us.
Employment Based Migration
Highly Skilled Workers – Tier 1
- Tier 1 (General)
Highly skilled workers applying for leave to enter the UK under Tier 1 (General) will be awarded points based on academic qualifications, previous earnings, UK experience, age, English language proficiency and available funds to finance their living costs in the UK.
IMPORTANT - The Tier 1 (General) highly skilled migrant visa category is now CLOSED to applications from outside the UK. Only applicants who are currently inside the UK with a visa which allows for 'switching' into Tier 1 (General) can apply.
Tier 1 (General) will close indefinitely on 05 April 2011 for applications from inside the UK.
Tier 1 (General) will be replaced by a new "exceptional talent" category with an allocation of 1000 visas per year. This category will be designed for individuals such as scientists, academics and artists who have achieved, or are likely to achieve, international recognition or acclaim.
Please consult our website for developments on this in due course.
- Entrepreneurs- Tier 1 (Entrepreneur)
Entrepreneurs applying for leave to enter the UK under the Tier 1 (Entrepreneur) category will have to demonstrate their eligibility by satisfying a points-based assessment.
This category is for those investing a minimum of 200,000 GBP in the UK by setting up or taking over, and being actively involved in the running of, one or more businesses in the UK. There is no longer the requirement to prepare a detailed business plan from the outset. The key requirements are to have access to the required investment funds, further that the funds are held in an appropriately registered financial institution and are readily available for investment in the UK.
There will be no cap on the number of visas granted under the Entrepreneur category. Please note that the UK Government plans to create a new route for start-up companies, whereby they would not be required to meet the current investment funds threshold.
- Investors- Tier 1 (Investor)
High net worth individuals wishing to invest in the UK will also need to satisfy a points-based assessment under the Tier 1 (Investor) category.
Applicants must provide evidence that they intend to invest at least £1,000,000 in the UK. There will be no cap on the number of visas granted under the Investor category.
Investor applicants will not be required to satisfy the otherwise mandatory English language proficiency and available funds (maintenance) requirements. This category centres on demonstrating access to the required investment sum, and the manner in which it will be invested in the UK.
Skilled Workers – Tier 2
The Tier 2 category effectively replaced the previous work permit arrangements.
There are four categories of Tier 2 work permits:
- Skilled Worker - The Tier 2 (General) skilled worker category is for migrant workers with a specific skilled job offer in the UK who are needed to fill a genuine job vacancy.
- Intra-Company Transfer (ICT) - This category is for people who are being transferred to a UK branch of their organisation.
- Sports People - This category is for elite professional athletes and coaches.
- Minister of Religion - The minister of religion category is for workers within a bona fide religion. In order for an employer to sponsor a foreign worker, the employer must first have a Sponsor License.
British Citizenship
Registration as a British Citizen application (UKM)
Individuals may be eligible to register as British citizens if they are able to satisfy all of the requirements outlined below. The applicant would need to demonstrate that he/she:
- was born before 1 January 1983; and
- would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass this citizenship on to their children in the same way as men at the time of his/her birth; and
- would have had the right of abode in the UK and have become a British citizen on 1 January 1983, if s/he had become a citizen of the United Kingdom and Colonies; and
- is a person of good character.
If the application for registration is successful the individual will become a British citizen by descent. And once resident in the UK, an application to naturalise as a British citizen can be lodged. If the naturalisation application is successful, this will confer British citizenship other than by descent.
Family Migration
- Dependants
The UK Home Office can allow dependent children and other relatives to come to the UK under certain circumstances.Applications under this category can be complex due to the high level of evidence required to establish dependency, especially with regards to dependent children over the age of 18 and elderly relatives (over 65 years of age).Our migration experts have considerable experience in handling these matters.
- Marriage / Civil Partnership
The marriage / civil partnership visa allows individuals to apply for leave to enter the UK on the basis of their marriage or civil partnership with a British citizen or a person who is settled in the UK (i.e. a person who holds indefinite leave to remain or the right of abode).
Couples will need to satisfy specific requirements set by the UK government regarding their relationship, available funds and accommodation arrangements in the UK. If the application is successful, a 2-year probationary visa will be granted, which allows for unrestricted employment and can lead to settlement (colloquially referred to as “permanent residence”).
Spouses who are not from a majority English speaking country will also need demonstrate that they speak a sufficient level of English.
- Unmarried Partner
This family based category is in place for individuals who are in a permanent and enduring relationship with a British citizen or a person who has settled status (Indefinite Leave to Remain) in the UK. The applicant and his/her partner must be able to provide evidence of cohabitation for a minimum of 2 years, as well as their available funds and accommodation arrangements in the UK.
The relationship may be a heterosexual or a same-sex relationship. This visa category also allows for unrestricted employment in the UK.
As is the case for the marriage/ civil partnership visa, this visa is initially granted for a 2 year probationary period (5 years if the sponsoring partner is a citizen of an EEA country other than the UK). At the end of the two years, applicants may apply for indefinite leave to remain provided they can evidence that their relationship is still subsisting.
UK Ancestry
To qualify under this category, individuals need to be Commonwealth citizens who are able to show that one of their grandparents was born in the UK (including Southern Ireland prior to 31 March 1922). It is crucial to submit original birth certificates to trace the line of descent.
The successful applicant will be allowed to enter the UK and stay for a period of up to 5 years which a view to qualifying for permanent residence at the end of the 5 year period.
Employment is permitted without restriction on this visa, whether on an employed or self-employed basis. In fact a cornerstone of the application is that individuals must demonstrate that they intend to take or seek employment in the UK for the duration of the visa.
Study Based Migration
Tier 4 (General)/ Student Visa
The majority of student visa applications need to be made outside of the UK. Applicants will need to prove that they have been accepted to study a UK-recognised qualification, and the academic institution or education provider needs to be licensed to sponsor applicants under the UK’s Points Based System.
Applicants will also need to prove that the selected course of study is:
- A recognised, full-time degree course; or
- A course which is run during the week that involves at least fifteen hours of organised daytime study per week, or
- A full-time course of study at an independent fee-paying school.
A student may not work more than 20 hours per week during term time. Dependants, such as a spouse and minor children (under 18 years of age), can accompany a student to the UK. A dependant spouse will be permitted to work provided the student (main holder of the right) has been granted permission to stay in the UK for a minimum period of 12 months.
It is important to highlight that unmarried partners are not considered to be approved dependants under this category.
Fiancé/Fiancée Visa
All fiancé/ fiancée visa need to be applied for outside the UK. The central requirements are that the applicant and his/her partner must have the intention to live together permanently and they should plan to marry within a 6-month period. The duration of this visa is limited to six months, and employment is not allowed.
Generally this visa is applied for when parties who are travelling to the UK in order to get married, and the natural step thereafter is to apply for a spousal visa, which is two years in duration and leads to settlement.