Adopted Children - UK Visa and Immigration

This guidance explains what the Immigration Rules say about adopted children coming to join one or both of their parents in the United Kingdom (UK), and about children coming to the UK to be adopted.

You must be able to show that:

• You currently live and are settled in the UK legally, with no time limit on your stay, and
• You can support your child and provide somewhere to live without needing help from public funds.

For your child to qualify to join you in the UK, you, or your child, must show that he or she:

• cannot support themselves financially, is not married and is not living independently away from their parents
• is under 18 years of age
• was adopted when both parents lived together abroad or when one or the other parent was settled in the UK
• has the same rights as any other child of the adoptive parents
• was adopted because their birth parents could not care for them and there has been a full and genuine transfer of parental responsibility
• has broken all ties with their birth family, and
• was not adopted just to make it easier to enter the UK.

Your adopted child must get a visa before they travel to the UK, unless they qualify for a passport issued by an EEA member state.

Under the Adoptions with a Foreign Element Regulations 2005, it is now an offence for prospective adoptive parents to bring a child into the UK to adopt them, unless the adoptive parents have met all the legal requirements. The penalty for not following legal requirements is an unlimited fine or up to 12 months’ imprisonment (or both).

The Adoptions with a Foreign Element Regulations 2005 aim to prevent people from bringing children into the UK to adopt them unless:

• the adoptive parents have already been assessed and approved by a local council or a voluntary adoption agency (VAA), and
• their suitability has been approved by the Secretary of State for Education and Skills.

To avoid committing an offence, these regulations say that prospective adoptive parents in England and Wales must already have:

• applied to a local council or VAA for approval of their suitability to adopt a child
• successfully completed the assessment process
• received confirmation, in writing, of the adoption agency’s decision to approve them as suitable adoptive parents, and
• received notification, in writing, from the Secretary of State for Education and Skills that they are prepared to issue a ‘certificate of eligibility’.

Within 14 days of the prospective adoptive parents' arrival in the UK with a child, they must tell their local council of their intention to adopt the child. Once the council has received this notification, the child will become a protected child under section 22 of the Adoption Act 1976 and will be monitored by the council under sections 32 and 33.

It is strongly recommend to read the Home Office's guidance on Inter-Country Adoption and the Immigration Rules, which can be found on the UK Border Agency website:
Inter-Country Adoption and the Immigration Rules

How long can my adopted child stay?

If your child was adopted in a designated country and both you and your husband, wife or civil partner are settled in the UK, or if you alone are responsible for the child, they will normally be allowed to stay permanently in the UK from the date they arrive.

If your child has not been adopted in a designated country, they will normally be allowed to stay in the UK for 12 months so the adoption process can continue through the UK courts.

Will my adopted child automatically become a British citizen?

Your child will only become a British citizen if you adopted them through the UK courts and at least one of you (as their adoptive parents) was a British citizen when the adoption order was made.

Does my adopted child need a visa?

All adopted children coming to the UK need a visa before they travel unless they qualify for a passport issued by an EEA member state.

How do I apply for a visa for my adopted child?

You can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell you about the ways in which you can apply.

Some visa sections will only accept visa applications made online. To find out if you can apply for your visa online please visit www.visa4uk.fco.gov.uk

If you cannot apply online, you will need to fill in a visa application form (VAF 4 – Settlement). You can download the form from this website, or get one free of charge from your nearest visa application centre.

You should apply for entry clearance for an adopted child in the country of which the child is a national or where they legally live.

In some countries, if you are applying for a visa to stay in the UK for more than six months, you may need to be tested for active tuberculosis before we will accept your application. You can find out if you need to be tested by using our Do I need a visa? questionnaire on the homepage of this website, or by contacting your nearest visa application centre.

What will I need to make an application for my adopted child?

You will need to make your child's application online or fill in a visa application form:

Application form VAF4 - Settlement

Settlement form guidance notes

You will also need the following:

• The adopted child’s passport or travel document.
• A recent passport-sized (45mm x 35mm), colour photograph of the child. This should be:
  • taken against a light coloured background
  • clear and of good quality, and not framed or backed
  • printed on normal photographic paper, and
  • full face and without sunglasses, hat or other head covering unless they wear this for cultural or religious reasons (but the face must not be covered).
• The visa fee. This cannot be refunded and you must normally pay it in the local currency of the country where you are applying.
• Supporting documents relevant to the application.

What is 'biometric' information?

All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process.

You will have to go to your nearest visa application centre in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to the British mission.

Your visa application will not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna), or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural or religious reasons but the face must not be covered).

What supporting documents should I include with the application?

You should include all the documents you can to show that the child qualifies for entry to the UK as your adopted child. If you do not, we may refuse the application.

As a guide, you should include the following.

• The child’s original birth certificate, showing its name at birth.
• A report from the overseas equivalent of the UK’s Social Services Department giving the child’s full history and how the adoption came about, or, if the child is related to you, a full statement in writing from you as the adoptive parent.
• A certificate of abandonment from the authorities previously responsible for the child, if the child has been abandoned.
• The adoption order.

The Entry Clearance Officer will try to make a decision using the application form and supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your child’s visa when you get it. You should make sure that:

• the child’s personal details are correct
• it correctly states the purpose for which the child wants to come to the UK, and
• it is valid for the date on which you want to travel. (You can ask for it to be post-dated for up to three months if the child will not be travelling immediately).

Medical Visa, Visa for Medical Treatment

Persons who require medical examination
Any person who intends to remain in the UK for more than 6 months should normally be referred for a medical examination. If the person declines, he or she can be refused. Longstanding policy has been for the Immigration Officer to refer to the Port Medical Inspector on arrival anyone who mentions health or medical treatment as a reason for their visit, appears to be unwell or is seeking entry for more than 6 months and comes from a country with high incidence of TB. Additionally, an ECO has discretion to refer any other person for an examination if necessary.

A returning resident may not be refused entry on medical grounds, although an Immigration Officer can require the person to undergo a medical examination on arrival in the UK.
The following should normally be referred for a medical examination (subject to local practice decided by individual Posts - see below) before you decide whether to issue an entry clearance.

1. Work Permit holders and dependants, including those entering under the Training and Work Experience Scheme or as seasonal workers, intending to stay longer than six months.
2. All dependants of persons settled in the UK applying for settlement.
3. Long term students, i.e. those who intend a stay over 6 months, and their dependants.

The following applicants should always be referred for a medical examination:

1. Those who appear bodily dirty.
2. Those whose condition might interfere with their ability to support themselves and their dependants.

Adopting a policy on medical referrals at Post

UK Border Agency, Visa Services Directorate recognise that many Posts will not need to maintain strict adherence to these medical requirements e.g. where a Post is satisfied that the health care system in the host country provides adequate guarantees that applicants for entry clearance will be in good health.

Each Post must have a clear policy on medical referrals which, if different from those recommended below, should be defensible in the light of local and (where appropriate) regional factors.

Where Posts consider that there are difficulties in following guidance in this chapter on resource or other grounds, they should report the problem to UK Border Agency, Visa Services Directorate.


The role of the Entry Clearance Officer

Where a medical referral is required for an applicant, the ECO may not issue an entry clearance without medical clearance.

An ECO is not expected to make any professional medical judgements. These are matters for the Medical Officer and Medical Referee (see below).


The recommended medical referral procedure

The Medical Officer (or designated doctor) undertakes a medical examination of an applicant when referred by an ECO.

Form PQ must be completed. The applicant completes questions 1 - 3 and the Medical Officer signs at 4. The Medical Officer will then complete the remaining questions 5 - 7. The applicant must supply two photographs, one of which the Medical Officer endorses with the words "I certify that this is a true likeness of ........". The Medical Officer then passes the completed form PQ together with the photographs directly to the Medical Referee.

The Medical Referee should enter a recommendation at the end of the form PQ, complete form XY on which the decision should be noted in code, and sign the photograph already endorsed by the Medical Officer. Both forms together with the photographs should then be sent directly to the ECO by the Referee.


Form XY is specially textured and must be ordered from the FCO catalogue. Copies must not be used.



Medical Officers, Medical Referees and their responsibilities

While the recommended procedure for arranging medical clearance is for each Post to appoint a Medical Officer (who does the medical examination) and a Medical Referee (who assesses whether the applicant can be medically cleared and reports accordingly to the ECO), Posts may adopt their own variants on this procedure provided that a reputable doctor always recommends on the question of medical clearance to the ECO.

For example, in Posts where large numbers of medical referrals are made, separate Medical Officers and Medical Referees are normally appointed. Elsewhere, however, the role of Medical Officer and Medical Referee can be combined.


When appropriate, the Medical Referee may recommend that a person should not be issued with an entry clearance until he/she has undergone a course of treatment, or until after a stipulated length of time.

The Referee may also recommend that the person undergo a course of medical treatment after arrival in the UK.

Medical Officers must not be asked to examine women to establish whether they have had sexual intercourse or given birth to children. A chest X-ray is not required for pregnant women nor for children aged under 11 years.


Who pays for the examination for a medical referral



The costs of any examination must be borne by the applicant. However, Medical Referees fees can be paid by Posts and charged to the UK Department of Health. Agreement to pay these fees, (or increase existing fees), must be approved by the UK Department of Health in advance. Cases should be made to:


Department of Health
Aspects of Public Health Unit
Room 601A
Skipton House
80 London Road
LONDON SE1 6LH
Tel: 020 7972 2000


Voluntary medical clearance


There may be applications where the ECO will not require an applicant to be medically cleared but is asked by the applicant whether medical clearance is advisable.

Voluntary medical clearance may be encouraged for any person intending to remain in the UK for longer than six months on the grounds that under the Rules an Immigration Officer may require such evidence before admission.

Travellers who arrange their own medical clearance should be advised to take evidence of this with them so that they can show it to the Immigration Officer if required.


Issuing entry clearance after medical recommendation


You may issue an entry clearance once medical clearance has been received. The certified photo should be attached to the XY form and authenticated so that the stamp covers a portion of both the photo and the form.

Form XY may then be handed to the person concerned with an instruction that it be produced to the Immigration Officer at the port of arrival.

Additionally, and when issuing entry clearance to work permit holders, the work permit/card should be endorsed "med/X-ray" (or "med", if no X-ray was undertaken) and authenticated with the official stamp. The uncertified photo should be attached to the permit/card and similarly authenticated.


Long term students


Many sponsored students are medically examined for the sponsor before their award is confirmed. In such cases, you should ask to see evidence that the student has been declared medically fit to accept the award. If the evidence is satisfactory, you need not ask for further medical clearance. In these circumstances, when the entry clearance is issued you should advise the applicant to take the medical evidence when travelling to the UK so that it can be produced to the Immigration Officer if required.


When there are compassionate grounds


When a Medical Referee recommends refusal of admission to the UK but you consider there are compassionate aspects which might outweigh any medical considerations, you should refer the case for a decision to the Home Office, with copies of form PQ and XY together with all related correspondence.
Referrals should be sent to Entry Clearance referrals, NCC2, UK Border Agency, through the Home Office referrals mailbox. Supporting material should be scanned and sent by email.


Refusal resulting from medical recommendation



When an ECO decides to refuse entry clearance as a result of a recommendation by the Medical Referee, the applicant’s passport should be endorsed "EC Applied For/Med" and Forms PQ and XY retained.
Whether the refusal attracts a full right of appeal or a limited right of appeal depends on the reason for entry to the UK. For example, a visitor cannot appeal: a student can. When an appeal is made, the medical report must be annexed to the explanatory statement. If the results of an X-ray examination have formed part of the evidence in a refusal, the original X-ray(s) must be included with the report.

If you refuse a work permit holder or a seasonal agricultural workers scheme card holder after a medical referral, you should return the relevant permit/work card together with an explanatory covering note to UK Border Agency, PO Box 3468, Sheffield, S3 8WA.


Refusal wording



The refusal wording should read "... I have received confirmation from the Medical Referee that it is undesirable to admit you to the United Kingdom for medical reasons and I am not satisfied that there are strong compassionate reasons justifying your admission .."


Assessment of age



A physical examination by a doctor can be helpful in establishing the age of persons from countries without reliable systems of birth registration. But such assessments are approximations which need to be considered along with other evidence of age.

The use of X-rays to assess age is not admissible. Medical Officers/Referees should not be asked to use radiological data when giving age assessments.


Persons with a serious (e.g. terminal) illness


If an applicant for entry clearance has a serious illness e.g. HIV/AIDS you should decide on the application under the provisions of the Rules or, if in doubt, refer it to NCC2, Home Office.

The fact that an applicant has a serious illness is not sufficient grounds in itself for you to exercise discretion in issuing an entry clearance. Where in any case it appears that public health may be at risk, advice should be sought from the Department of Health.

You must refer all such persons to the Medical Officer/Referee (see above) for a medical examination which should contain a recommendation as to whether the person is able to maintain himself/herself and, if relevant, any dependants, during his or her stay in the UK (see the requirement above). For instance, although a person who is HIV positive may be well enough to work, study or undertake a visit, a person with full blown AIDS may not be capable.

A person with a serious illness who wishes to go to the UK for private medical treatment will have to meet the usual requirements of the Rules (see guidance in the Visits chapter).

You need normally only refer such applications to the Home Office for a decision when the circumstances are particularly difficult or sensitive.

If an applicant appears to be so ill that it is likely that he or she would require medical treatment while in the UK and the person could not meet the cost of the treatment privately, you should consider refusal under the general provisions of the Rules. Paragraph 37 of the Rules covers those who suffer from a disease or condition which would prevent them from supporting themselves or their dependants. Where you believe that a person intends to travel to the UK as a visitor in order to obtain free medical treatment, you may refuse entry because you are not satisfied that the applicant is genuinely seeking entry as a visitor. Visitors to the UK are not entitled to receive free National Health Service hospital treatment on a visit to the UK unless they are considered exempt from charge under NHS (Charges to Overseas Visitors) Regulations 1989, as amended. See Visits chapter for further details.


Surrogacy



Applications from women to enter or remain in the UK to act as surrogate mothers for friends or relatives should be rare.

There are no provisions in the Immigration Rules for a woman to be admitted for the purpose of being a surrogate mother. Admission as a visitor under the Immigration rules to act as a surrogate mother is inappropriate given the six month limit, as is admission for private medical treatment since the applicant would not be suffering from any medical condition.

An application on this basis should be considered according to the applicant’s individual circumstances which are likely by the nature of the application to involve particularly difficult compassionate factors. However, because of the complex legal and difficult ethical and practical problems which may arise the Government does not encourage the practice of surrogacy and consequently the UK Border Agency does not operate a concession outside the Rules to enable women to come to the UK for this purpose. An application from a woman to enter or extend her stay in the UK to act as a surrogate should normally be refused on the grounds that there is no provision in the Rules.


Tuberculosis (TB) testing programme


As part of the Five-year Strategy for Asylum and Immigration published in February 2005, the Government stated that there would be targeted health screening for tuberculosis (TB) in high-risk countries at the entry clearance stage. The initial phase of the programme has been in place since late 2005 in Bangladesh, Sudan, Tanzania and Thailand (Bangkok is also the designated entry clearance post for nationals of Cambodia and Laos). These countries were chosen as the first to be included in the programme as they have a high incidence of TB and represent a variety of entry clearance operations. The initial phase has allowed us to test the systems before further roll out.

The main phase of the programme has already been rolled out in Ghana, Kenya and Pakistan and may be extended to a further group of high risk countries.

Applicants from countries that are part of the programme applying for entry clearance valid for a stay longer than six months are required to produce a certificate showing that they are free from infectious TB. The testing procedure is outlined below.

If an applicant is not issued with a certificate because they have been found to have infectious TB, or refuses to produce one, but insists on making an application, you should accept it. But the application should be refused unless there are compelling compassionate circumstances. If you refuse the application, any other applicable reasons for refusal should be included in your refusal notice.
This requirement is in addition to the normal procedures for medical referrals, but any refusal will be under Paragraph 320(8) of the Rules, not 320(17). The applicant is refused for not producing a certificate, not for refusing to undergo a medical examination - see below under Refusals.


Compelling Compassionate circumstances


We think it is unlikely that there will be many applicants intending to come for more than six months who will fall into this category. But if there are urgent and compassionate reasons for them to travel, then it is at Posts' discretion whether to allow the application to continue without a certificate being held. If Posts do allow anyone to make their application without a certificate, they will be referred to the PMI on arrival at the port.


Exemptions


The following are exempt from the requirement:

• holders of diplomatic passports travelling on official business or on a posting;
• children under 11 years old;
• returning residents;
• Certificate of Entitlement holders.

Refusals


Any applicant who does not supply a certificate at the time of their application and is refused should have their application refused under Paragraph 320(8A) of the Immigration Rules, which states that:
where the person seeking leave is outside the United Kingdom, failure by him/her to supply any information, documents, copy documents or medical report requested by an Immigration Officer;
Suggested refusal wording (assuming there are no other reasons for refusal):
You have applied for entry clearance for the UK as a [reason for period over six months].
You intend to stay in the UK for more than six months and under Paragraph 320(8A) of the Immigration Rules you were requested to produce a certificate issued by an approved clinic showing that you are free from infectious tuberculosis. You have not produced such certificate. I therefore refuse your application.


Testing Procedure



The International Organisation for Migration (IOM) run the testing programme in the initial phase countries. Applicants must obtain a certificate from IOM before they make their entry clearance application. IOM will be responsible for accrediting the clinics and hospitals that do the testing and for ensuring that they meet the required standards.

Only IOM will issue certificates and these will have safeguards to avoid fraud. There will also be systems in place to stop applicants from submitting forged certificates.

Applicants will be required to pay for the cost of testing themselves. For exceptions please see below.
Any applicants found to have infectious TB will not be issued with a certificate, and will be advised by IOM to seek medical treatment. A full course of treatment would usually take around six months. After the treatment is complete, the applicant can pay to undergo a further test and, if found to be free from infectious TB, will be issued with a certificate.

Applicants issued with a visa are advised to carry the original certificate in their hand luggage to present to an immigratiion officer on arrival in the UK. Those not able to do so may be delayed, or referred to the Port Medical Inspector (PMI).


Exceptions and gratis testing


EEA family permit applicants are NOT exempt from the testing requirement.
Family Reunion applicants are required to undergo testing but they do not have to pay for their own tests. The Home Office pays the costs of their tests. Posts are responsible for ensuring that IOM staff are aware of what constitutes a family reunion applicant.

Scholarship Students and others who may be entitled to gratis testing

This guidance should be read in conjunction with the general guidance on TB screening.

Some students applying to study in the UK under government sponsored scholarship schemes (Chevening, Commonwealth Scholarship and Fellowship Plan - CSFP, Dorothy Hodgkins postgraduate, Scottish International and Overseas Research Student Award - ORSAS, are issued with gratis visas (sometimes at Posts' discretion), or have the cost of their visas refunded by, for example, the British Council or the awarding body. There may also be a limited number of applicants in other categories who are entitled to gratis visas, for whom Posts want also to provide gratis TB screening.

The introduction of TB screening will add an additional cost to some students' visa applications. Please follow this guidance when dealing with applicants under the various schemes.


Timing of TB testing



Scholarship students will not normally need to be tested until just before they apply for their visa, leading to a risk that any found to have TB may lose their scholarship because they are not able to travel until they have finished a course of treatment (usually six months). Posts may wish to consider advising potential scholarship applicants of this requirement at the very beginning of the process, so that they have sufficient time to be screened and treated, should they test positive.

We cannot, of course, enforce early testing and decision to do so lies with the applicant. If they choose to test early and use IOM, timing needs to be planned carefully, as a certificate is valid for only six months. Test too early and those testing negative would need to take, and payfor, another test before applying for their visa. Any testing positive would in any case need to be tested again, so timing is not so critical. We shall advise the scholarship awarding bodies along the same lines.


Who should pay for screening?

The general principle should be that the applicant pays for their test, but that if the scholarship awarding body wants to cover the cost, they should either provide the applicant with an advance of funds, or allow them to reclaim the fee. Posts may, at their discretion, pay for the cost of the test for FCO funded scholars (e.g Chevening).


UK Border Agency, Visa Services Directorate would expect the use of Posts' discretion to cover the test fee on behalf of an applicant to be very limited. This discretion also applies to those in other categories.

UK Business Visa

Business in UK is possible through a number of immigration services which allow people to migrate to the UK in order to start a business, invest in a business, become self employed, or pursue an innovative idea in UK.

Additionally, foreign companies with no presence in the United Kingdom may send a sole representative to the country in order to establish a British branch or subsidiary.

The sections in this page of the site will discuss in detail the various UK business visas.

Tier 1 - Entrepreneur

The Tier 1 Entrepreneur visa is for foreign nationals applying to immigrate to the UK based on a substantial investment, by starting or assuming control of a UK business without having the need for a sponsor. However, applicants still need to reach a specified points limit based on both general Tier 1 visa requirements and more specific criteria.

Criterion

25 Points: Applicant has at least £200,000
25 Points: Funds are held in a regulated financial institution
25 Points: Funds are disposable in the United Kingdom

English Language Ability

Applicants must show that they are profficient in English by proving one of the following:

• They have passed a test in English equivalent to level C1 of the Council of Europe's Common European Framework for Language Learning (equivalent to a grade C or better at GCSE)
• Come from a country where English is the majority language spoken
• Have taken a degree taught in English (this is verified by using the National Academic Recognition Information Centre data)

Successful proof of one of these criteria will earn the required 10 points for the English language requirement.


Maintenance

Applicants from outside the country will be required to score ten points by proving they can support themselves and any dependants.

Startup Costs £400
Funds £2,400
Total £2,800

2/3 of the £2,400 is required for first dependent of the main applicant, and 1/3 for each subsequent dependant.

Tier 1 - Investor

The Tier 1 Investor visa is designed for those who intend to make a substantial investment in the UK.

Although this is also a requirement of the entrepreneur category, the investment sum for those in this category is much larger and no requirements to engage in business activities are in place.

Investor Criteria

75 points is needed to satisfy the requirements for the specific criteria under the Investors sub-category.

Applicants have at least £1,000,000 of their own money in a regulated financial institution in the UK, or

A) Own personal assets which exceed £2,000,000 in value, provided they are not subject to any liabilities; and

B) Have money under their control held in a regulated financial institution and disposable in the UK of at least £1,000,000, which may include money loaned to them provided it was loaned by a financial institution regulated by the Financial Services Authority.

English Language Ability

Because potential migrants applying under the Investor sub-category are not expected to need to work, the English language requirement is waived.

Maintenance

By definition, potential migrants applying under the Investor category are extremely wealthy and do not need to prove an ability to support themselves and their dependants. Therefore, this requirement has been waived for the Investor sub-category.

Different Tiers Explained

How does one qualify for Tier 1? (HSMP earlier)

Tier 1 (Highly Skilled Workers) has four categories:

To qualify to apply under the points-based system under the Highly Skilled Tier 1 (General) scheme, you must score the following points:

• At least 75 points for your attributes (age, qualifications, previous earned income and experience in the UK)
• 10 points for English Language
• 10 points for available maintenance (funds)

Qualifications
Applicants will be awarded points for their highest qualification as follows:

• PhD = 50 points
• Master's degree = 35 points
• Bachelor's degree = 30 points

Previous earnings(Non-sterling currencies are converted to sterling - the overall figure takes account of regional differences between earnings)

• £40,000 + =45 points
• £35,000-£39,999 = 40 points
• £32,000-£34,999 = 35 points
• £29,000-£31,999 = 30 points
• £26,000-£28,999 = 25 points
• £23,000-£25,999 = 20 points
• £20,000-£22,999 = 15 points
• £18,000-£19,999 = 10 points
• £16,000-£17,999 = 5 points

Age
Candidates will be awarded points depending on their age as below. No points are awarded in this category for applicants aged 32 or older.

• Under 28 = 20 points
• 28 or 29 = 10 points
• 30 or 31 = 5 points

Previous earnings or qualifications in the UK
In addition to the points outlined below, applicants may be eligible for a further 5 points where they can show proof of earnings or of qualifications gained whilst in the United Kingdom.
Some Rules and Restrictions on the Tier 1 (General) permit holder:

• You have no work restrictions imposed on your stay in the UK.
• You do not have recourse to public funds.
• After three years you can apply for an extension which will be granted if the UK Home Office is satisfied that you meet the requirements for the Tier 1 (General) extension application.
• You are allowed to apply to bring your dependants to the UK on this programme.
• You cannot work as a Doctor in training – i.e. take a training post within the NHS

What happens at the end of the initial three year period:
A Tier 1 (General) permit holder will be able to apply for an extension at the end of his/her initial three year period as a Tier 1 (General) permit holder.
You will be required to claim at least 75 points for your attributes, 10 points under the English Language requirement, and 10 points under the maintenance requirement (as above) in order to qualify for the extension.


How does one qualify for Tier 2? (Work Permit earlier)
Tier 2 (Skilled Workers) has four categories:

• General - for persons coming to the UK with a job offer that cannot be filled by a resident worker, as well as for applicants coming to the UK to fill a shortage occupation.
• Intra Company Transfers - for employees of multi-national companies who are being transferred to a skilled job in a UK branch of the organisation.
• Sportsperson - for elite sportspersons and coaches whose employment will make a significant contribution to sport at the highest level.
• Ministers of religion - for persons coming to fill a vacancy as a Minister of Religion, Missionary or member of a religious order.

An applicant wanting to come to work in the UK under this tier will need to have obtained a Certificate of Sponsorship and show that he/she has at least 70 points to qualify under the criteria for this scheme – see tables below.
The points will include points related to the Certificate of Sponsorship, which will be issued to them by the prospective UK employer to fill a qualifying job. Two control tests are included as well, namely;

• A maintenance requirement, which is £800 for initial out-of-country applications, including 2/3 of this amount for each dependent they intend to bring with them. (pass mark is 10 points)
• English language ability. (Min 10 points). If an applicant is applying for permission to enter UK under Tier 2 (Intra Company Transfer) or extending their stay under this category, English language requirement is not required, if their extension does not take the length of stay to more than 3 years.

Qualifications

• A PhD qualification = 15 points
• A Master’s Degree = 10 points
• A Bachelor’s Degree = 10 points
• An NVQ level 3 qualification = 5 points

Prospective Earnings

• In Excess of £24,000+ = 20 Points
• £22,000 - £23,999 =15 points
• £20,000 - £21.999 = 10 points
• £17,000 - £19,999 = 5 points

Non-shortage positions are inherently worth 30 points, shortage positions will automatically receive 50 points. Candidates applying for an Intra Company Transfer (ICT) will also receive 50 points.
Having obtained this Certificate of Sponsorship, applicants will then apply for entry clearance from the British High commission or Consulate in their home countries.

Some Rules and Restrictions on a Holder of a Tier 2 permit:

• You must have no recourse to public funds.
• You may not own more than 10% of the sponsor's shares, if the sponsor is a limited company.
• You are not allowed to take up any additional employment except working for the sponsor in the employment that the certificate of sponsorship specify. You are also allowed to take up supplementary employment and voluntary work. However, strict rules apply in this regard.
• You can apply for dependants to join you in the UK. Your dependants will be able to work without restriction in the UK.
• You are allowed to change employment within the organisation or with a new organisation, but this will call for a new application under Tier 2.

Does this visa lead to indefinite leave to remain?
Yes, at the end of successful completion of a five-year period on a Tier 2 permit, you will qualify to apply for indefinite leave to remain.
Visa FAQs: http://www.visa4uk.fco.gov.uk/FAQ.aspx

Business & special visitors:

You can come to the UK as an entertainer visitor for a maximum of six months.

How do I know if I am an entertainer visitor?

You will be an entertainer visitor, if during the course of your short visit, you intend to:

• take part as a professional in one or more music competitions; or
• fulfil one or more specific engagements as an individual amateur entertainer or as part of an amateur group; or
• take part, as either an amateur or a professional, in a cultural event that is included in the list of specific permit-free festivals - you can find this list under ?Internet links? on the right side of this page; or
• be a member of a visiting entertainer's support staff or an official attending the same event as the visiting entertainer; or
• take part in broadcasts or public appearances, provided you are not being paid; or
• do an audition, provided this is not performed in front of an audience.

You will need to be able to show that you:

• want to visit the UK for a maximum of six months;
• plan to leave the UK at the end of your visit;
• have enough money to support and accommodate yourself without working or help from public funds, or will be supported and accommodated by relatives or friends;
• do not intend to charge members of the public for services provided or goods received;
• do not intend to study;
• can meet the cost of the return or onward journey; and
• intend to take part in particular events, including charity events, and will not be paid other than cash prizes or for board and lodging expenses.

How to come to the UK as an entertainer visitor

You will need to apply for permission to come to the UK (known as a 'visa' or 'entry clearance') as an entertainer visitor if you are a visa national. See our Visa services section for more information.

If you are a non-visa national, you do not need to obtain permission before you come here as an entertainer visitor.

Multiple entry visas for entertainer visitors are available for six months and for one, two, five and 10 years. Our Visa services section contains more information.

back to top

Can I extend my stay as an entertainer visitor?

The maximum time that you can spend in the UK at any one time as an entertainer visitor is six months. When you arrive in the UK, the length of your permitted visit will be stamped in your passport. If you are given permission to come here (known as 'leave to enter') for three months when you arrive, you may apply for an extension - but your visit must not last for more than six months in total.

back to top

Can I switch into another category while I am in the UK as an entertainer visitor?

You are not allowed to switch into any immigration category other than that for which we gave you permission to stay.

This is unless you have a certificate of sponsorship under the 'creative and sporting category' of Tier 5, which was given to you before you came to the UK. If you do, you can apply to switch into this category to do this prearranged work without leaving the UK.

While you are in the UK as an entertainer visitor, you can also carry out the activities of a business visitor or sports visitor.

back to top

Can my dependants come to the UK?

If you are coming to the UK as an entertainer visitor, your dependants can also come for up to six months. A dependant is a wife, husband, civil partner, same-sex partner or unmarried partner, or a child under the age of 18 years.

Your dependants may need permission to enter before they come. Our Visa services section contains more information on how they should apply to come.

back to top

Can I appeal if I am refused permission to enter as an entertainer visitor?

If we refuse your application, the entry clearance officer or immigration officer will tell you in writing why you have been refused. If you have full rights of appeal, you will be told who you should contact.

If you travel to the UK without permission to enter and are refused permission to enter, we recommend that you apply for permission to enter before you try to travel to the UK again.

Permanent Residency or UK Citizenship

There are already discussions within the UK government to completely stop the permanent residency for immigrants who enter the UK for work and stay for 5- 6 years. 2011 may be the last year to be able to do so.

Indefinite leave to remain or ILR is the expression confirming the fact that there is no limit to the leave period you can stay in the UK. This is also often referred to as permanent residence. This status is granted to a person on the basis that they are settled in the UK.

If a holder of indefinite leave to remain spends a continuous period of two years or more outside of the UK, at any time, it will then be deemed that the person is no longer settled in the UK and the status of indefinite leave to remain could be withdrawn from them.

Indefinite leave to remain can be achieved in a number of ways. We list only some of these circumstances, as there are various ways by which this status can be obtained:

• On the basis of successfully completing the five-year ancestry visa.
• On the basis of successfully completing the two-year marriage visa to a UK citizen or four year period of marriage to a EU-national.
• On the basis of successfully completing a five year work permit.

After obtaining indefinite leave to remain you can qualify to apply for British citizenship. To qualify you normally need to have lived in the UK for six years. However the spouse of a British citizen may qualify for citizenship after three years. If successful in this application a person will have the same rights as a person born as a British citizen.
Please note that as of November 1, 2005, you also have to pass the UK government's new Life in the UK test before you can apply for citizenship.

Naturalisation after six years in the UK

If you are not married to a British Citizen you will need to meet the following requirements to apply for naturalisation:

• You must be aged 18 or over and are not of unsound mind.
• You must be of good character.
• You should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if you are elderly or mentally handicapped.
• You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom.

If you are not married to an UK Citizen you will need to meet the following residence requirements over the last six years.

• You must have been living in the UK exactly six years before the date the application reaches the Home Office; and
• During the six-year period you must not have been outside the United Kingdom for more than 450 days (about 15 months); and
• During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days; and
• During the last 12 months of the six-year period your stay in the United Kingdom you must have held permanent residence/ indefinite leave to remain (ILR); and
• You must not have been living in the United Kingdom in breach of the UK immigration rules at any time during the six-year period ending with the date that the application is received by the Home Office.

The processing times for naturalization applications is currently about six to seven months.

Naturalisation after three years in the UK as a spouse of an UK Citizen

The requirements for naturalization as a spouse of a British citizen are very similar to those mentioned above. The main difference is that there is a shorter residency requirement of three years in the UK as opposed to six years. The three years of the residency requirement are counted from the date your naturalization application is received by the Home Office.
Further details on residency requirements are as follows:

• You must have been living in the United Kingdom at the beginning of the three- year period; and
• On the date that your application is received in the Home Office, you must have permanent residence/ ILR in the UK; and
• During the three-year period you must not have been outside the UK for more than 270 days (approximately 9 months); and
• During the last 12 months of the three-year period you must not have been outside the UK for more than 90 days; and
• You must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK.

UK Work Visa, Study Visa

Working or Studying in the UK - Visa requirements

What you will need to work in the UK

Each year more than 50,000 people from destinations like Australia, South Africa, Canada and New Zealand, India make the decision to spend some time living and working in the UK. Spending time in a totally different environment is an awesome way to experience new things, gain work experience, embrace new cultures and broaden your horizons.

How Do I Get There?
If you are one of the lucky few who already have a European Union passport this article is not for you. Travellers with EU passports can work not only in the UK but anywhere in the European Union. If you don’t have an EU passport keep reading.

A large selection of Immigration Visas, Residency and work permits are on offer in the UK to enable to make your dream of living and working in the UK a reality. Some of these options can even eventually lead to permanent residency, British Citizenship and a UK Passport.

Types of Visas: (PBS : Point Based System)
The Points Based System or PBS focuses the structure of UK immigration services into a five-tier immigration model. The tier visa system is designed to cover all non-EEA nationals immigrating to the UK except those entering through a family based visa application.

Tier 1
Categories: General (HSMP) , Entrepreneurs, Investors, Post-Study Work.

Tier 2 (replaces the previous system of Work Permits as part of the new UK visa structure)

Tier 4 Applies to Students, wishing to study in UK universities and other educational institutes.

Tier 5 is designed to allow temporary workers and 18-30 year olds in the Youth Mobility Scheme to undertake short-term, temp work to satisfy essentially non-financial objectives.


Tier 4 Student Visas:

From March 2009 adults wishing to study in the UK must apply for a Tier 4 Student Visa.

The tier 4 Student Visa replaces the current UK Study Visa and allows an adult student to study in the UK with a licensed sponsor on the Tier 4 register of sponsors and embark upon a course of study.

See the approved list of Tier 4 registered sponsors.

Benefits
The Tier 4 Student Visa service offers overseas students the opportunity to gain recognised qualifications from reputable and government approved universities and colleges in the UK.

Study Abroad at a UK educational institution and you will be embarking on a life-long journey, where the skills and experience you learn in the UK are recognised the world over in industries such as commerce, science, technology and government.

The tier 4 Student Visa does not constitute a route to settlement or indefinite leave to remain, however, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon successful completion of your course.

If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa.

However, the benefit of studying in the UK under a visa for students is that you will also be permitted to undertake limited employment and extend your visa if your course of study lasts longer than 4 years.

Duration
Tier 4 student visas are granted for the period of your course.

If you are studying at degree level or above, you can stay for the full duration of your course, up to four years.

If your course is longer than four years, you can apply for a UK Visa Extension to finish your course.

If you are studying below degree, your Student Visa will allow you to stay for up to three years.

One route for staying in the UK beyond a course of study, is through switching to a Tier 2 Work Permit. You will require a specific offer of employment from a British company.

Eligibility

The new student route under the points based system introduces five key changes to the current system. Adult students applying to study abroad in the UK must:

• Have a proven track record in studying before coming to the UK.
• Have recognised qualifications equivalent to National Qualification Framework (NQF) in the UK education system.
• Produce evidence of sufficient funds to pass a maintenance test.
• Produce documents used to obtain an offer from the university or college sponsoring, such as qualification certificates.

To be able to travel to the United Kingdom as a general student after the end of March 2009, adult students must pass a points-based assessment and score 40 points.

Visa letter from education provider = 30 points.

Maintenance fees to cover course fees and living expenses = 10 points.

What is a visa letter?

It is an offer letter from your education provider who is your immigration sponsor, including information about you, your sponsor, the course, and your finances.

What is a licensed sponsor?

The licensed sponsor is the university or college you have chosen to enrol with.

Global Visas have extensive partnerships with many schools, colleges and universities on the tier 4 register of sponsors. Find the tier 4 licensed sponsor list here.

Can I work?

Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following:

• Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
• Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
• Work full-time in a permanent job.

Depending on what you have studied, if you want to stay on in the United Kingdom once you have successfully got your qualification, you may be eligible to switch to the Tier 1 - Post-Study Work visa.

Spouse and Dependent Immigration
Spouse immigration is only permitted for married partners and unlike a Fiance visa or UK De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.

Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.

Scholarships and Funding:

Studying in the UK might cost less than you think, especially when you think of the real value a UK qualification provides. Visit our Education UK website to search for scholarships and find information on fees for all types of courses and how much studying in the UK is likely to cost.

The scholarships cover funding for full-time study leading to a degree at undergraduate or Master’s level (or equivalent in further education) in England, Scotland, Wales and Northern Ireland.

They also give funding for accredited study periods of up to one year’s length at recognised higher education institutions for students whose college or university has an exchange agreement with a partner institution in the UK.

Scholarships – starting for the academic year 2007–08 – include funding for tuition fees, accommodation, travel expenses to and from country of residence and living expenses in the United Kingdom.

Student loan or Study loan:

There are a host of loan options available for that coveted degree from a UK university. This depends on the university admission offer that you have, course you have selected, your work expereince if any and your financial status.

Sources of funding:

The British Council and UKCISA – the Council for International Education – have collaborated to produce a free booklet for international students on how to find sources of funding for UK study. Download or view this booklet here: Sources of Funding for International students

UK course fees vary depending on what you are going to study and for how long.

UK Dependant Visa

If you are working in UK and want to get your spouse to the UK, you can apply for a dependant visa, given you satisfy the criterian laid out by the UK Home office.

It is best to apply for the dependant's visa when applying for the work visa in your home country, as you only need proof of marriage. Also, reducing the risk of refusal due to insufficient documents when applying separately.

Here is a comprehensive list of Documents you would need for a sucessful application, when applying separately. ( when the sponsor is in UK.)


A) Sponsor's Documents: ( Holder of Work authorisation / Work Permit or PBS)
1) 6 months Bank statements
2) 6 months pay slips
3) Address proof: Electric Bill/Water Bill or Council Tax notice. (Mobile bills is not accepted as proof of residence.)
4) Rental Agreement (showing sufficient accommodation available for the dependant(s).) Please see the over crowding policy laid out by the home office.
5) Rent receipts / Derict Debits showing rent payments.
5) Sponsor's passport copy ( Visa page and stamping page)
6) Sponsor's Work permit
7) NI number letter
8) Employer's letter for employement proof

B) Dependant's Documents / Spouse Visa Document:
14) Passport photo copy (all pages)
15) Proof of address ( ration card, Electric bill / Telephone bill)
16) Marriage proof ( usually Marriage certificate)
17) Birth Certificate (in case dependant is a minor)

Dependant's are, usually issued visa for the same period as the Sponsor's work visa. Dependant's are free to work or take up a job in the UK ( as per the governing policies of Home office.)

Situation One or more child staying in home country with a legal guardian.

In a situation where you may have more than 1 child and may have travelled to UK with spouse and one child and you may want to get the second child also to join you in UK at a later date and time, you may easily do so.

You need not worry you can apply to the British High Commission for a dependant visa in the child's country of residence using the same documents as mentioned above and accompany her back to UK. The processing time usually is less than a week.


Medical Care:



Holder of work visa and their dependants are registered free at the local Health center, part of NHS (National Health Trust). Consulation with the Dr. (referred to as GP, General Physician). Medicines are free for dependant children below the age of 16 yrs.


Medicines need to be paid for, for Adults. Minor illness (Cough, cold, fever, indigestion small cut / bruise, headache etc.) medicines are available over the counter and do not need a written precription by the GP. Quite a few drugs are available only through a written precription by the GP and not available otherwise.

If the illness / injury can not be attended to by the local Health center they may refer your case to the nearest Hospital and you may receive a direct appointment from them to see / be treated by a Dr. in the hospital. Any inpatient expenses for authorised workers & dependants are free.

Maternity procedure is free for people who are registered with NHS and their dependants. NHS provides free Maternity deliveries and free medicines for both mother as well for an additional year from the time of the delivery. Apart from this the Health visitors & Midwife (may be referred to as Jr. Drs in other parts of the world), visit you at home (for 10-15 days) once you have been discharged from the hospital.


Hence you do not need a Medical Insurance to cover maternity expenses(even if the delivery is complicated and may involve an operation.). However, you can explore buying a Medical Insurance for some of the uncovered expenses by NHS like Dental, Optical checks etc. Some of the famous Medical Insurance names are BUPA, Norwich Union etc.

For more information you can visit Department of health

How do I qualify to join my fiancé, fiancée or proposed civil partner in the UK?

You must show that:

• you plan to marry or register a civil partnership within a reasonable time (usually six months)
• you plan to live together permanently after you are married or have registered a civil partnership
• you have met each other before
• there is somewhere for you and your dependants to live until you get married or register a civil partnership, and you will be able to live without help from public funds, and
• you and your dependants can be supported without working or claiming any help from public funds.

You will be allowed to stay in the UK for six months but without permission to work. When you are married or have registered a civil partnership, you can apply to the UK Border Agency for a two-year extension to your visa. When you do this you will be required to pay a non-refundable fee and provide certain documents as specified on the UK Border Agency website: Form FLR (M) and guidance notes.

If your application is granted you will be allowed to work. Before the end of your probationary two years Further Leave to Remain (FLR) you will need to apply to the UK Border Agency for Indefinite Leave to Remain (ILR) in the UK.


Can I join my unmarried or same-sex partner in the UK?
You can apply to join your unmarried or same-sex partner in the UK, as long as:

• they currently live and are settled in the UK, or they are coming to live permanently in the UK, and
• you and your sponsor are both aged 21 and over.

How do I qualify to join my unmarried or same-sex partner in the UK?
You and your unmarried or same-sex partner must show that:

• any previous marriage, civil partnership or similar relationship, has permanently broken down
• you have been living together in a relationship similar to marriage or civil partnership for two years or more
• you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
• you can support yourselves and any dependants without any help from public funds
• you intend to live together permanently
• your partner is not under 21, and
• you are not under 21.

The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

• documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and
• letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, you can apply to stay permanently in the UK.

If you and your unmarried or same-sex partner have been living together outside the UK for four years or more and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see the relevant section of this guidance for more information).