Reading Points Based Immigration Solicitors | Berkshire Business Immigration Solicitors | Thames Valley Immigration Application Solicitors South East England

At Chatham Chambers Solicitors, we specialise in all aspects of personal immigration work, placing a particular emphasis on points-based immigration applications. We have extensive experience in the whole range of immigration, asylum and nationality work at all levels and have acted in a number of notable cases, including:

IG (Russia) v. ECO, appeal against refusal of elderly dependent relative visa
SN (Zimbabwe) and Others v. ECO, appeal against refusal of family reunion visa
RH (Indonesia) v. ECO, appeal against refusal of Indefinite Leave to Remain

Berkshire Business Immigration Solicitors

Our UK services include:

• Sponsor licence applications (Tiers 2, 4 and 5)
• Tier 1 (general, entrepreneur, investor, post-study worker)
• Tier 2 (general, intra-company transfer, sports persons, religious workers)
• Tier 4 (students)
• Tier 5 (youth mobility, creative and sporting, government authorised exchange, international
agreements, charity and religious workers, sponsored researchers)
• Sole representatives
• European free movement applications (EEA family permits, residence cards, permanent residence cards, retained rights, posted workers)
• European Association Agreement applications
• Sole representatives
• Entertainers and sportspersons
• UK ancestry
• Visitors (all categories, including special classes of visitor)
• Students
• Spouses, civil partners, unmarried partners, children and other dependants (in all applicable categories)
• Domestic workers
• Concessions and discretionary applications
• Entry clearance and visa applications
• Indefinite leave to remain (permanent residence) (in all applicable categories)
• Naturalisation and registration as a British citizen
• Applications under transitional arrangements (for those with leave in deleted categories)
• Expediting applications
• Emergency airport interviews
• Carriers' liability
• Appeals
• Human rights claims
• Judicial review

This list is a summary of the most frequently requested services and is not exhaustive.

Our Reading points-based immigration solicitors represent clients from around the world and have access to professional interpreters in any language. For further details of our UK immigration services, contact our firm online or telephone us on 0118 958 5855.

Points-Based System Applications

Highly Skilled Worker - Tier 1 — Work and Live in the UK

The Highly Skilled Worker Tier 1 (General) visa category is designed to attract highly skilled workers to live and work in the UK. This visa category is suitable for qualified individuals who wish to seek employment, attend job interviews or establish a business in the UK.

Applicants must be able to demonstrate they have the required English language ability, maintenance (funds) and a recognised qualification to be eligible to qualify under this visa category. In addition, applicants must meet the minimum point's requirements on an assessment for attributes including age, previous earnings and any UK experience.

Successful applicants will be granted temporary residence under the Tier 1 (General) visa category, which will permit them to live and work freely in the UK for an initial period of three (3) years.

Tier 1 (General) Visa Minimum Requirements and Entitlements

The UK Border Agency has set specific requirements that all applicants must meet in order to apply for a Work visa under the Tier 1 (General) category.

To qualify for migration under the Tier 1 (General) category, you must be able to satisfy the basic visa requirements related to your age, English language ability, qualification, previous earnings, UK experience and available maintenance (funds). These attributes will be assessed in a points test and you must obtain at least 10 points for each of English language ability and maintenance (funds); and a minimum of 75 points for the other attributes. The point allocation is configured such that applicants must hold a recognised qualification to meet the minimum requirements.

A Work visa under Tier 1 (General) is initially granted for three (3) years with the ability to apply for further stay and Indefinite Leave to Remain (ILR) after five years continuous residence in the UK (however, other requirements will have to also be met to qualify for Indefinite Leave to Remain).

Tier-1 Entrepreneur — Get a Visa to Establish a Business in the UK

This category is for migrants wishing to establish, join or takeover one or more businesses in the United Kingdom. For the purposes of this category a business means a sole trader, partnership or company registered in the United Kingdom.

Requirements

Applicants must not fall under the general grounds for refusal.
Applicants must score a minimum of 75 points under the attributes criteria.
Applicants must score a minimum of 10 points under the English language requirement.
Applicants must score a minimum of 10 points under the maintenance requirement.

Entry Clearance is not mandatory as individuals can switch into this category from within the UK, depending on which existing category an applicant falls into.

Tier-1 Investor — Get a Visa to Make Investments in the UK

This category is for migrants wishing to make substantial investments in the United Kingdom.

Requirements

Applicants must not fall under the general grounds for refusal.
Applicants must have a minimum of 75 points under the attributes criteria.

If successful the applicant will be granted Entry Clearance for an initial period of 3 years.

If an applicant has Leave to Remain in one of the following categories they can apply to switch in-country into the Tier 1 (Investor) Migrants category:

Highly Skilled Migrant,
Tier 1 (General) Migrant,
Tier 1 (Entrepreneur) Migrant,
Tier 1 (Investor) Migrant,
Tier 1 (Post-Study Work) Migrant,
Businessperson,
Innovator,
Investor,
Student,
Student Nurse,
Student Re-Sitting an Examination,
Student Writing Up a Thesis,
Work Permit Holder,
Writer, Composer or Artist, or
Tier 2 Migrant.

An applicant can apply for Indefinite Leave to Remain in this category after a period of 5 years.

Tier-1 Post-Studies Work — Get a Work Permit After Completion of Studies in the UK

This category is for graduates who have studied in the United Kingdom to remain here and take on highly skilled work upon completion of their studies.

Requirements (Entry Clearance)

Applicants must not fall under the general grounds for refusal.
Applicants must not previously have been granted Entry Clearance or Leave to Remain as a Tier 1 (Post-Study Work) Migrant as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme), or as a Participant in the Fresh Talent: Working in Scotland Scheme.
Applicants must score a minimum of 75 points under the attributes criteria.
Applicants must score a minimum of 10 points under the English language requirement.
Applicants must score a minimum of 10 points under the maintenance requirement.

If successful, the applicant will be granted Entry Clearance for a period of 2 years.

Requirements (Leave to Remain)

Applicants must not fall under the general grounds for refusal, and must not be an illegal entrant.
Applicants must not previously have been granted Entry Clearance or Leave to Remain as a Tier 1 (Post-Study Work) Migrant.
Applicants must score a minimum of 75 points under the attributes criteria.
Applicants must score a minimum of 10 points under the English language requirement.
Applicants must score a minimum of 10 points under the maintenance requirement.
Applicants must have, or have last been granted, Entry Clearance, Leave to Enter or Leave to Remain in one of the following categories:
1. Fresh Talent: Working in Scotland Scheme,
2. International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
3. Student,
4. Student Nurse,
5. Student Re-Sitting an Examination, or
6. Student Writing Up a Thesis.

Upon completion of 2 years in this category, the applicant will need to switch into another Tier 1 or Tier 2 category or return to their home country.

Tier 2 - General — How to Get a Work Permit as a Skilled Worker in the UK

Tier 2 (General) is broadly equivalent to the current work permit scheme i.e. skilled workers with a job offer. Under the recently introduced five tier managed migration plan an applicant must achieve a certain number of points but must also have a job offer from a UK employer who will sponsor the application (Certificate of Sponsorship).

Sponsoring Employer

If an employer wishes to recruit a migrant under tiers 2, 4 or tier 5 they will have to apply for a sponsor licence online and send in payment and documents in support of their application. Employers can currently apply for licenses to sponsor tier 2 workers.

Under tier 2, the sponsor will need to be a UK-based employer. The sponsor must have good human resource systems and compliance in place to allow them to monitor and keep records of the migrants they employ or teach.

As a licensed employer, you will be given an A rating or a B rating, and you will be added to a published register of sponsors. Sponsors that the Home Office think could be a risk to immigration control or those who they consider not to have the correct systems in place will be given a B rating. B-rated sponsors must follow a sponsorship action plan designed to help them become A-rated or they risk losing their licence.

Sponsorship Duties

Licensed sponsors are held fully responsible for the actions of any migrant they employ and teach. They must ensure migrants comply with their immigration conditions, by keeping records on each migrant. If a sponsor does not comply with their duties, they can have their licence downgraded to a B rating or withdrawn.

Certificates of Sponsorship

Licensed sponsors are responsible for issuing certificates of sponsorship to migrants. As well as having a certificate of sponsorship, migrants must also pass a points-based assessment to come to or stay in the United Kingdom (see below).

Applicant

To be eligible to apply to come to the United Kingdom under Tier 2, skilled workers will need to have a job offer, a certificate of sponsorship from one of the licensed sponsors, and to have scored enough points to apply.

As well as scoring a certain number of points, an applicant will either need to be applying for a shortage occupation (defined by a new Skills Advisory Body) or will need to pass a 'resident labour' test and demonstrate that resident labour is not being displaced. Migrants will need permission to come to the United Kingdom (known as 'entry clearance') and a biometric identity card before entering the United Kingdom.

Points Assessment

You will need to score a pass mark of 70 points from the three sets of criteria: Attributes, Maintenance and English language skills.

1. Attributes

The applicant must score at least 50 points in three categories, namely: sponsorship, qualifications and prospective earnings.

Sponsorship

A potential employer will only issue a certificate of sponsorship if you are filling a vacancy that requires a worker with skills at NVQ level 3 or above and will comply with the conditions of your permission to stay and leave the United Kingdom when your leave expires.

A certificate of sponsorship for a job on a shortage occupation list you will be awarded 50 points and a certificate of sponsorship for a job not covered by the shortage occupation list, but having passed the resident labour market test, will be awarded 30 points.

Qualifications

An applicant can score up to 15 points for their qualifications. Points will only be awarded points for the highest level qualification that you hold and will be awarded in the following way:

Qualifications	Points awarded
No qualifications	0
NVQ level 3	5
Bachelors or Masters	10
PhD	15

Prospective earnings

An applicant can score up to 20 points for their prospective earnings. Points will be awarded in the following way:

Prospective earning (£)	Points awarded
17,000 - 19,999	5
20,000 - 21,999	10
22,000 - 23,999	15
24,000 +	20

2. Maintenance

The applicant must score 10 points in this category by showing that they are able to support themselves while they are in the United Kingdom. To score these points you will need to show that you have £800 in savings that you will be able to use while in the United Kingdom. If you intend to bring dependants you will need to show you have a further £533 for each dependant.

3. English Language Skills

This is a mandatory requirement and the applicant must score 10 points in this category by showing that they are able to speak English to a basic standard. This will include an ability to understand and use familiar everyday expressions, basic phrases and be able to introduce themselves and others, and be able to answer basic personal questions about themselves.

You will need to show that you are competent in the English language by passing a test in English equivalent to the appropriate level, coming from a majority English speaking country; or having taken a degree taught in English (verified using national academic recognition information centre data).

Special Provision for Intra-Company Transfers

If you are already working for a company in another country and they are transferring you a post in the United Kingdom, you will need to a branch of the same company in this country; you can apply under the intra-company transfer category under Tier 2 (skilled worker). You will need to have worked overseas for the sponsoring organisation for at least six months and when you are in the United Kingdom you will earn a salary (including specific permitted allowances) appropriate for that job in the United Kingdom. The job must be at national vocation qualification level 3 (NVQ3) or above.

Applying

In November 2008 an applicant can apply for a Tier 2 visa by:

Obtaining an Entry Clearance for a Tier 2 visa (see Entry Clearance section); or
Switching to Tier 2 while in the UK (see Switching below).

If your application is successful you will be granted leave to enter or remain in the United Kingdom for the duration of your post. This can be for up to three years. You will also be able to apply for entry clearance for your dependants to accompany you to the United Kingdom. Dependants are your husband, wife, civil partner or unmarried partner and any children under 18 who are financially dependant upon you.

Extension

The extension test will be similar to the initial entry test, which will include the certificate of sponsorship and points' assessment. However, there will be no need to provide further evidence of maintenance as you will have been working in the United Kingdom and receiving the appropriate pay for that job. You will also score points for English language ability, as this will have been established when you initially applied under Tier 2 - skilled worker.

Settlement

Time spent in Tier 2 will count towards the period you need to be in the United Kingdom before you are eligible for settlement. You must complete a continuous period of five years in the United Kingdom before you can apply for settlement, otherwise known as indefinite leave to remain, and you must meet all the requirements of the immigration rules before you are eligible to apply.

Switching

You will only be able to switch into Tier 2 (General), if you meet the initial entry requirements for this category. If you are in the United Kingdom you can switch from all Tier 1 (highly skilled) sub-categories into Tier 2 (General) and from Tier 2 (sports people) into Tier 2 (General).

Transitional Arrangements

If you are a work permit holder and you have existing leave to enter or stay granted under the current work permit arrangements, you will be able to extend your leave under Tier 2 (General) as long as you meet the Tier 2 (General) eligibility criteria. Similarly, if you are an existing work permit holder and you wish to change employment after Tier 2 comes into force, you will need to apply under the points-based system and meet the full eligibility criteria for Tier 2 - general. Should your work permit leave expire before Tier 2 comes into force, you will be able to seek an extension of stay under the current work permit arrangements in the normal way.

Appeal

There are no appeal rights to the Asylum and Immigration Tribunal. However, there is the opportunity for Administrative Review whereby applicants can have the refusal decision rechecked if they believe an error was made. This is an entitlement provided the applicant applies within 28 days.

Tier 2 - Ministers of Religion — Visas for Missionaries and Pastoral Duties

The Sponsored Worker (Tier 2 Minister of Religion) visa is for Ministers of Religion coming to the UK to perform pastoral duties. The Sponsored Worker (Tier 2 Minister of Religion) visa category also caters to those seeking to come to the UK as a missionary or member of a religious order, such as monks, nuns or members of similar religious communities.

Applicants who are granted temporary residence under the Sponsored Worker (Tier 2 Minister of Religion) visa scheme are permitted to live and work in the UK for the duration of their employment for a maximum three (3) year period.

Minimum Visa Requirements and Entitlements

The basic requirement for this visa is to score a minimum of 70 points for attributes including sponsorship, English language and available maintenance (funds).

Applicants under the Tier 2 (Minister of Religion) include those who act in the capacity of a Minister of Religion (either regularly or occasionally), missionaries and members of religious orders. Duties performed by eligible applicants under Tier 2 (Minister of Religion) can include:

Leading worship;
Preaching or teaching religious education;
Officiating at marriages, funerals and other religious services;
Offering counselling or welfare support to members of a congregation;
Recruiting, training or coordinating the work of local volunteers and preachers; and
Organising missionary activities.

In the first instance, a prospective sponsor will apply to the UK Border Agency in order to be granted a licence. When successfully licensed, a sponsor can apply for a number of certificates of sponsorship, which they can then present to the people whom they intend to sponsor. Once a prospective employee has been allocated a certificate of sponsorship, he or she will be eligible to apply for UK entry clearance or leave to remain in the UK.

The Sponsored Worker (Tier 2 Minister or Religion) visa is issued for an initial grant of three (3) years. The individual can then apply for a further extension.

Upon successfully holding a Sponsored Worker (Tier 2 Minister of Religion) for a total of five (5) years, individuals may be entitled to apply for Indefinite Leave to Remain (ILR). ILR entitles individuals to permanent residency in the UK, as well as visa-free travel to and from the UK. It is also possible for eligible dependants to accompany the main applicant to the UK in which case they will be allowed to work and study without limitation.

Tier 2 - Sportsperson — How to Get a Visa for Coaches and Sportspersons

The Sponsored worker (Tier 2 Sportsperson) visa is for internationally established elite level sportspersons or coaches with a job offer in the United Kingdom. Applicants would be expected to make a significant contribution to the development of their chosen sport in the UK.

Applicants who are granted temporary residence under the Sponsored worker (Tier 2 Sportsperson) visa scheme are initially permitted to live and work in the UK for the duration of their employment for a maximum three (3) year period.

Minimum Visa Requirements and Entitlements

The basic requirement for this visa is to score a minimum of 70 points for attributes including sponsorship, English language and available maintenance (funds).

Elite sportspersons and coaches who are internationally established are eligible to apply under the Tier 2 (Sportsperson) category. Applicants are required to obtain endorsement from their sport's governing body to obtain sponsorship.

The Sponsored Worker (Tier 2 Sportsperson) visa is issued for an initial maximum period of three (3) years.

Upon successfully holding a Sponsored Worker (Tier 2 Sportsperson) for a total of five (5) years, individuals may be entitled to apply for Indefinite Leave to Remain (ILR). Eligible dependants may also qualify to be included and upon obtaining the visa, may also work or study without any restrictions.

Tier 2 - Intra-Company Transfer — How to Get a Visa for a Transfer in Your Company

The Sponsored worker (Tier 2 Intra-Company Transfer) visa is for medium and highly skilled workers, with a job offer in the United Kingdom on the basis of a transfer or secondment with their existing employer.

Applicants who are granted temporary residence under the Sponsored worker (Tier 2 Intra-Company Transfer) visa scheme are permitted to live and work in the UK for the duration of their employment for n initial maximum grant of three (3) years.

Minimum Visa Requirements

The basic requirement for this visa is to score a minimum of 70 points for attributes including sponsorship, qualifications, prospective earnings, English language and available maintenance (funds). Intra-company transferees will automatically be awarded points for English language (except in cases where the applicants combined stay in the UK on this visa will then exceed three (3) years).

Applicants under the Tier 2 (Intra-Company Transfer) visa must have been employed by their existing overseas employer for a minimum of six (6) months with essential company knowledge and experience prior to lodging an application. The applicant's employer (overseas company) must be linked to the receiving UK employer by way of common ownership.

Tier 3 - Currently Suspended

This tier is currently suspended.

Tier 4 — Students

If you are not a settled resident of the UK or a national of the European Union, it will be necessary for you to obtain permission to enter the UK as a student. For some (known as "non-visa nationals," e.g. US citizens) it is possible to apply at the airport when you arrive in the UK if the course you intend to follow is of less than 6 months duration. However, if the course if longer than 6 months, and for all others (known as "visa nationals") it will be necessary to obtain a visa from the nearest British Embassy prior to travelling to the UK.

To ensure that your studies get off to the right start, you should take special care when applying for your student visa. Receiving professional legal advice to ensure that your application is in order can save increase your chances of success and avoid months of distress if your application is refused.

What You Will Need to Demonstrate

The same criteria for qualifications applies to both visa and non-visa nationals. An applicant must show that he:

(i) has been accepted for a course of study, or a period of research, which is to be provided by or undertaken at an organisation which is included on the Register of Education and Training Providers, and is at either;

(a) a publicly funded institution of further or higher education which maintains satisfactory records of enrolment and attendance of students and supplies these to the Border and Immigration Agency when requested; or

(b) a bona fide private education institution; or

(c) an independent fee paying school outside the maintained sector which maintains satisfactory records of enrolment and attendance of students and supplies these to the Border and Immigration Agency when requested; and

(ii) is able and intends to follow either:

(a) a recognised full-time degree course or postgraduate studies at a publicly funded institution of further or higher education; or

(b) a period of study and/or research in excess of 6 months at a publicly funded institution of higher education where this forms part of an overseas degree course; or

(c) a weekday full-time course involving attendance at a single institution for a minimum of 15 hours organised daytime study per week of a single subject, or directly related subjects; or

(d) a full-time course of study at an independent fee paying school; and

(iii) if under the age of 16 years is enrolled at an independent fee paying school on a full-time course of studies which meets the requirements of the Education Act 1944; and

(iv) if he has been accepted to study externally for a degree at a private education institution, he is also registered as an external student with the UK degree awarding body; and

(v) he holds a valid Academic Technology Approval Scheme (ATAS) clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, he intends to undertake and the institution at which he wishes to undertake it; if he intends to undertake either,

(i) postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to these Rules; or

(ii) postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these Rules; or

(iii) a period of study or research, as described in paragraph 57(ii)(b), in one of the disciplines listed in paragraph 1 or 2 of Appendix 6 to these Rules, that forms part of an overseas postgraduate qualification; and

(vi) intends to leave the United Kingdom at the end of his studies; and

(vii) does not intend to engage in business or to take employment, except part-time or vacation work undertaken with the consent of the Secretary of State; and

(viii) is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking employment or engaging in business or having recourse to public funds; and

(ix) holds a valid United Kingdom entry clearance for entry in this capacity. If you are taking a degree level or above course, you no longer have to demonstrate that you have an intention to leave the UK at the end of your studies. This is a concession that is operated by the UK authorities that may change as it has yet to be incorporated into the immigration rules.

Forms

If you are applying to a British post, you will need to submit your application on form VAF3. You will be required to pay a fee for this application.

Timing

You should contact your local British Embassy to enquire how long it will take to process your application. Time scales vary dramatically between posts and can be dependent upon current staffing levels and the volume of applications. You should bear this in mind when planning the timing of your application.

If your application is successful you will be issued with a visa, which is valid for a specified period. If you know the date on which you are going to travel to the UK you should ask for the visa to be valid from that day. If you do not, your visa will be valid from the date that it is issued, (this could mean that your visa might run out before the end of your course).

If your application is refused, you will have a right of appeal against the Entry Clearance Officer/Immigration Officer's decision which is processed in the UK.

Tier 5 - Youth Mobility Scheme — Live and Work in the UK

This category is for young people from countries participating in the scheme to live and work in the United Kingdom temporarily.

Requirements

Applicants must not fall for refusal under the general grounds for refusal.
Applicant must be:
1. a citizen of a country participating in the scheme, or
2. a British Overseas Citizen, British Overseas Territories Citizen or British National (Overseas), as defined by the British Nationality Act 1981 and must provide the specified documents to show that this requirement has been met.
Applicants must score a minimum of 40 points under the attributes criteria.
Applicants must score a minimum of 10 points under the maintenance requirement.
Applicants must not have children under the age of 18 who are either living with him or for whom he is financially responsible.
Applicants must not previously have spent time in the United Kingdom as a Working Holidaymaker or a Tier 5 (Youth Mobility Scheme) Temporary Migrant.

Entry Clearance under this category is mandatory. If successful the applicant will be granted Entry Clearance for a period of 2 years.

Tier 5 - Temporary Workers — Live and Work in the UK

This category is for temporary workers required for cultural, charitable, religious and international objectives.

Requirements (Entry Clearance)

Applicants must not fall for refusal under the general grounds for refusal.
Applicants must score a minimum of 30 points under the attributes criteria.
Applicants must score a minimum of 10 points under the maintenance criteria.

Requirements (Leave to Remain)

Applicants must not fall for refusal under the general grounds for refusal, and it must not be an illegal entrant.
Applicants must have a minimum of 30 points under the attributes criteria.
Applicants must have a minimum of 10 points under the maintenance criteria.

If an applicant has Leave to Remain in one of the following categories they can apply to switch in-country into the Tier 5 (Temporary Workers) Migrants category:

Tier 5 (Temporary Worker) Migrant, or
Sports Visitor or Entertainer Visitor, provided:
1. the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows that he is being sponsored in the creative and sporting subcategory; and
2. the Certificate of Sponsorship reference number was allocated to the applicant before he entered the UK as a Sports Visitor or Entertainer Visitor.

Entry Clearance (Visa) — What It Is

What Is Entry Clearance?

Entry clearance is leave to enter granted in advance of arrival in the United Kingdom, provided its purpose is endorsed on its face along with any conditions to which it is subject.

You will not need entry clearance (a visa) if you hold a United Kingdom passport or one issued by another country in the European Union (EU) or European Economic Area (EEA), or Switzerland.

Entry clearance consists of visas for visa nationals*, stateless persons and refugees and entry certificates for non-visa nationals and British nationals other than British citizens.

Visa nationals require an entry clearance whatever the purpose of their travel to the United Kingdom and should anticipate refusal of entry if they travel without one.

Other persons (non-visa nationals) seeking entry for a period exceeding six months or for a purpose for which prior entry clearance is required under the Immigration Rules also need to obtain entry clearance.

Application

Applicants must be outside the United Kingdom and Islands at the time of their application. An application for entry clearance as a visitor can be made at any British diplomatic post offering a visa service. All other entry clearance applications must be made to the British diplomatic post in the country or territory where you are living.

An application for entry clearance will be considered in accordance with the appropriate provisions in the Immigration Rules governing the grant or refusal of leave to enter. An application is not deemed to have been made until the appropriate fee has been paid. An application for entry clearance is to be decided in the light of the circumstances existing at the time of the decision, save where a minor attains the age of 18 between making the application and the decision upon it.

Revocation

Entry clearance may be revoked in the following circumstances:

if, whether or not to the holder's knowledge, false representations were employed or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the entry clearance;
where a change of circumstances since the entry clearance was issued has removed the basis of the holder's claim to be admitted to the United Kingdom, except where the change of circumstances amounts solely to his exceeding the age for entry in relation to "children" categories since the issue of the entry clearance;
where the holder's exclusion from the United Kingdom would be conducive to the public good.

Conditions

Limited leave to enter or remain may be given subject to conditions:

regarding restriction of employment or occupation in the United Kingdom;
requiring maintenance and accommodation of the principal and any dependants, without recourse to public funds; and
requiring registration with the police.

Adequate Maintenance

Providing the level of maintenance is broadly equivalent to that of a person receiving income support and the associated benefits that normally accompany it (e.g. housing benefit, council tax relief, free school meals) then that will be considered to be adequate for the purposes of the immigration rules.

Maintenance can usually be provided by a third party sponsor such as a relative. However, third party support is not permissible in child cases.

Adequate Accommodation

Accommodation must be adequate for the person coming to the UK other than in the student category. For people seeking entry on a long-term basis there are two main considerations:

the sponsor/applicant must 'own or exclusively occupy' the proposed accommodation in family cases. Accommodation can be shared with other members of a family provided that at least part of the accommodation is for the exclusive use of the sponsor and his dependants. This may be as small as a separate bedroom but must be owned or legally occupied by the sponsor.
the proposed accommodation must not be overcrowded once the applicant arrives. A room must have a floor area larger than 50 Sq. ft. and normally used as a bedroom or living room. It relates number of rooms to number of persons, allowing for the fact that children aged between 1 and 10 years only count as half a person: 1 room = 2 persons, 2 rooms = 3 persons, 3 rooms = 5 persons, 4 rooms = 7.5 persons, and 5 rooms = 10 persons.

Public Funds

Public funds are income-related benefits paid by the state. These include:

Housing — accommodation as a homeless person and accommodation from a local authority register;
Benefits — income support/Income-based Job seeker's Allowance, Housing Benefit, Council Tax Benefit, Attendance Allowance, Severe Disablement Allowance, Carer's Allowance, Disability Living Allowance, State Pension Credit, Child Tax Credit and Working Tax Credit.

Social housing, education, health care and benefits paid as a result of contributions such as incapacity benefit or contributory job seekers' allowance are not considered to be public funds for the purposes of the Immigration Rules.

Reporting Conditions

Any foreign nationals from certain countries or territories** need to report, as do the stateless and those holding non-national travel documents, where they are given limited leave to enter the United Kingdom for longer than six months or given limited leave which takes them over 6 months from arrival.

Exempt from this requirement are seasonal agricultural workers, private servants in diplomatic households, ministers of religion, missionary or member of a religious order, persons whose leave flows from marriage to a person settled in the United Kingdom or unmarried partnership with a person settled here, persons exercising access rights to a child resident in the United Kingdom, parents of children at school, and those given leave following the grant of asylum.

Intention to Leave

Intention to leave the UK is a pre-requisite for all categories which do not lead to settlement. In practice this requirement is not applied to students who are studying at a higher level and who therefore may be able to switch into Work Permit employment on completion of their studies. In considering an intention to leave the United Kingdom the decision maker can look at all the circumstances of the applicant but must not make decisions based purely on suspicion.

Relevant factors for the ECO and on appeal will include:

Immigration history (previous compliance with immigration laws is an excellent indicator of intention to leave)
Family links with own country, such as wife and children or elderly parents
Other links, such as a job to return to or studies to complete
Levels of income (not decisive taken alone, but it is not possible to argue this is not a relevant consideration)
Absence or otherwise of links in the UK - this could cut both ways, as having a sponsor is helpful, especially if he or she can give evidence at an appeal hearing, and having someone to visit provides a visit-like purpose, but if the family has shown a 'history of immigration' this may cause some ECOs to refuse the application.

Grounds of Appeal

A refusal of entry clearance is an immigration decision and may be appealed to the Asylum and Immigration Tribunal.

There are a number of grounds of appeal available to appellants. Contestable grounds are that:

the decision is not in accordance with the Immigration Rules;
the decision constitutes unlawful race discrimination by public authorities;
the decision breaches human rights (this refers to incompatibility with Section 6 of the Human Rights Act 1998;
the appellant is an EEA national or a member of the family of an EEA national and the decision breaches the appellant's rights under the Community Treaties in respect of entry to or residence in the United Kingdom;
the decision is otherwise not in accordance with the law. "Not in accordance with the law" has been interpreted as including public law principles such as a failure to apply a policy;
the person taking the decision should have exercised differently a discretion conferred by the Immigration Rules.

Those refused entry clearance as a visitor enjoy a right of appeal on grounds other than race discrimination, human rights or asylum only where their purpose was to visit a member of their family. Family members are for this purpose defined as:

the applicant's spouse, parents, children, grandparents, grandchildren, siblings, uncles, aunts, nephews, nieces and first cousins;
the parents and siblings of the applicant's spouse;
the applicant's sons or daughters in law;
the applicant's stepparents, stepchildren and stepsiblings; or
the applicant's co-habitee.

Students applying for leave to remain in relation to short courses and prospective students, and their dependents, may not appeal against a refusal of entry clearance on grounds other than race discrimination, human rights or asylum.

Procedure on Appeal

The Notice of Refusal explains the grounds on which you may appeal against the Entry Clearance Officer's decision.

Notice of appeal on a form AIT-2 by a person who is outside the United Kingdom must be given not later than 28 days after he is served with notice of the decision.

Those who are outside the United Kingdom appealing against decisions of Entry Clearance Officers ("ECOs") can serve the appeal on the ECOs.

The Tribunal will only allow a late appeal to proceed where there are special circumstances.

When the tribunal fixes a hearing it must serve notice of the date, time and place of the hearing on every party.

In most cases, the tribunal will direct the appellant to serve, not later than five working days before the full hearing (or ten days in the case of an out-of-country appeal), on the tribunal and the respondent:

Witness statements of the evidence to be called at the hearing, such statements to stand as evidence in chief at the hearing;
A paginated and indexed bundle of all the documents to be relied upon at the hearing with a schedule identifying the essential passages;
A skeleton argument, identifying all relevant issues including human rights claims and citing all the authorities relied upon; and
A chronology of events.

The respondent will be directed to serve, not later than five working days before the full hearing, on the tribunal and the appellant a paginated and indexed bundle of all the documents to be relied on at the hearing, with a schedule identifying the relevant passages, and a list of any authorities relied upon.

The appellant may by legally represented at the appeal and the sponsor should attend the oral hearing to give evidence as required. Although in normal circumstances a witness statement should stand as evidence in chief, there may be cases where it will be appropriate for appellants or witnesses to have the opportunity of adding to or supplementing their witness statements.

The immigration judge's determination should be sent to the appellant in three-four weeks from the date of hearing.

If the immigration judge does not allow the appeal there is the possibility of "statutory review" or reconsideration. Challenges may be made only on the identification of a material "error of law".

The most common errors are likely to be:

The making of perverse or irrational findings on a matter or matters that were material to the outcome;
Failing to give reasons or any adequate reasons for findings on material matters;
Failing to take into account and/or resolve conflicts of fact or opinion on material matters;
Giving weight to immaterial matters;
Making a material misdirection of law on any material matter;
Committing or permitting a procedural or other irregularity capable of making a material difference to the outcome or the fairness of the proceedings; and
Making a mistake as to a material fact which could be established by objective and uncontentious evidence, where the appellant and/or his advisers were not responsible for the mistake, and where unfairness resulted from the fact that a mistake was made.

* Nationals or citizens of the following countries or territorial entities:

Afghanistan, Albania, Algeria, Angola, Armenia, Azerbaijan, Bahrain, Bangladesh, Belarus, Benin, Bhutan, Bosnia Herzegovina, Burkina Faso, Burma, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, People's Republic of China (with some exceptions), Colombia, Comoros, Congo, Cuba, Democratic Republic of the Congo, Djibouti, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Georgia, Ghana, Guinea, Guinea Bissau, Guyana, Haiti, India, Indonesia, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kenya, Korea (North), Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Madagascar, Malawi, Mali, Mauritania, Moldova, Mongolia, Morocco, Mozambique, Nepal, Niger, Nigeria, Oman, Pakistan, Peru, Philippines, Qatar, Russia, Rwanda, Sao Tome e Principe, Saudi Arabia, Senegal, Sierra Leone, Somalia, Sri Lanka, Sudan, Surinam, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Vietnam, Yemen, Zambia, Zimbabwe, and the territories formerly comprising the socialist Federal Republic of Yugoslavia.

** Nationals or citizens of the following countries or territorial entities:

Afghanistan, Algeria, Argentina, Armenia, Azerbaijan, Bahrain, Belarus, Bolivia, Brazil, China, Colombia, Cuba, Egypt, Georgia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Libya, Moldova, Morocco, North Korea, Oman, Palestine, Peru, Qatar, Russia, Saudi Arabia, Sudan, Syria, Tajikistan, Tunisia, Turkey, Turkmenistan, United Arab Emirates, Ukraine, Uzbekistan and Yemen.