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Tag Archives: marriage visas

Iran: Treasury Licence

Tier 1 Entrepreneur:

The Tier 1 Entrepreneur policy guidance states: We will not accept evidence of your money from a financial institution with which the Home Office is unable to make satisfactory verification checks. A list of financial institutions which do not satisfactorily verify financial statements can be found on our website at:

www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/financial-institutions/ and in Appendix P of the Immigration Rules’ http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixp/appendixpf/

 In appendix P, it currently states only:

Parsian bank and Bank Pasargad are accepted

Therefore if funds are in any other bank:

  • Would need to apply for a treasury licence (if they are a ‘designated person’ or the bank is designated – see https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/274596/irannuclear.pdf ) OR notification if they do not bank with a designated bank and are not a designated person
  • Transfer the funds to  a regulated bank in the UK
  • Then make the Entrepreneur application based on funds already in the UK
    But I don’t think applicants will be happy to do this before knowing if their application is successful or not

OR

For Investors 

If they are designated or they bank with a designated bank in Iran – treasury license.

If no, then they will be required to apply for authorisation as the amount is more than £400,000.

If a client banks with the following, the form is specific to these banks:

  • Melli Bank plc
  • Bank Sepah Iran
  • Bank Sepah International plc
  • Persia International Bank
  • Bank Saderat PLC

Please note that this is subject to change.

Getting notification/authorisation/treasury licence does not guarantee that the funds be transferred. This bank has the final decision. The notification/authorisation/treasury licence merely legalises the transfer of the funds.

Bank Pasargard website states that they do have a swift code:

No.430, Mirdamad Blvd., Tehran, 1969774511, Islamic Republic of Iran.Tel: +98 ( 21 )82890Email: info@bankpasargad.comhttp://www.bankpasargad.com/SWIFT Code : BKBPIRTH

Westkin Associates

info@westkin.com

5th Floor, Maddox House,
1 Maddox Street
Mayfair
London
W1S 2PZ
United Kingdom
0207 118 4546

Significant increase in visa fees to be implemented

In recent times the Government has announced changes to the fees for visa applications, applications for British Nationality and premium services. These changes are due to commence from 6th April 2014.

Minister for Immigration Mark Harper stated in his ministerial statement: “In developing these proposals, the Home Office has sought to limit most increases to 4%.”

The justification for such an increase, he says, is “Given the ongoing need to reduce public spending, we believe it is right that we continue to reduce the contribution made by UK taxpayers towards delivering the immigration system by asking those who use and benefit directly from the system to make a greater contribution.”

As has always been the case the changes in the fees translates to an increase in fees for most visa applications and in some cases the increase in fees is significant and far beyond the 4% increase stipulated. The categories that are most affected by the increase are visit visa applications and dependant applications.

For those who apply to visit the UK after the new fees are imposed, their fees will be increased by 4% (for up to 6 months stay), 8% (for up to 2 year stay) and 6.5% for visits of up to 5 years stay in the UK.

Settlement applications will see an increase of 4% in fees.

Tier 1, Tier 2, and Tier 4 applications made out of country will generally see an increase of 4%, with the exception of the new Tier 2 categories.

Fees for applications for British naturalisation will be increased by 4%.

The most significant increases can be seen in the applications for dependants for Indefinite Leave to Remain. In relation to the main applicant, the increase will be 4%, however, any dependants to an application will see an increase of a staggering 38.7%.

The situation is similar for Leave to Remain applications, where the main applicant fees are increased by 4% but any dependant to the application will have to pay an increase of an astounding 38.8%.

For in country Tier 1, Tier 2, Tier 4 and Tier 5 applications the main applicants will experience an increase of 4% with an average increase for all dependant applications of over 38%.

Given the imminence of the increase in fees for visa applications made both inside and outside the UK, Westkin would urge clients to prepare and submit their applications as soon as possible. As leaders in the field, our lawyers are able to assist with the swift preparation of your applications to ensure that your applications can be submitted before the new fees are implemented.

If you are considering making an application and wish to avoid paying an increased fee, please contact our lawyers. We are experts in all types of immigration applications and are able to provide accurate legal advice and prepare high quality applications within tight deadlines.

Westkin Associates

info@westkin.com

5th Floor, Maddox House,
1 Maddox Street
Mayfair
London
W1S 2PZ
United Kingdom
0207 118 4546

New Family Migration Rules Part 1

This blog post looks at old changes announced within immigration law. Take a look at our blog to read some more recent updates.

General Provisions

From the 9th July 2012, the family migration routes have been completely overhauled.

The new rules are contained in a new Appendix to the immigration rules and cover the new categories.

The general overriding changes are discussed below:

The new family migration rules commence with a Section marked “Gen” standing for general.

Paragraph GEN.1.2.  sets out the definitions of ‘partner’ under the rules, and these are limited to a spouse, a civil partner; a fiancé(e) or proposed civil partner; or a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application 

This last category is essentially an unmarried partner.

Paragraph GEN.1.3. sets out a number of assumptions, which are relatively straightforward. Variations of leave are included in the definition an application. At all times, any sponsor who is returning to the UK with the migrant will be treated as being present in the UK. The same applies to British Citizens children coming to the UK with their parents. 

Paragraph GEN.1.4. confirms that you must have the evidence required in appendix FM-SE to succeed in an application, similar to PBS applications. 

Paragraph GEN.1.5. fairly obviously confirms that if the UKBA feels that a document provided is not genuine or is of doubtful genuineness, they will not take it into account. 

Paragraph GEN.1.6. confirms that the excepted nationals  from an English test are:

(a) Antigua and Barbuda;
(b) Australia;
(c) the Bahamas;
(d) Barbados;
(e) Belize;
(f) Canada;
(g) Dominica;
(h) Grenada;
(i) Guyana;
(j) Jamaica;
(k) New Zealand;
(l) St Kitts and Nevis;
(m) St Lucia;
(n) St Vincent and the Grenadines;
(0) Trinidad and Tobago;
(p) United States of America.

Paragraph GEN.1.9. confirms that although normally an Article 8 claim has to be made as part of a valid application, this requirement will not apply when the Article 8 claim is made as part of an asylum of fresh asylum claim; when the applicant is detained, when removal is imminent; or as part of a one stop appeal notice.

Next Entry: Family Life as a Partner

Westkin Associates

info@westkin.com

5th Floor, Maddox House,
1 Maddox Street
Mayfair
London
W1S 2PZ
United Kingdom
0207 118 4546

Marriage Visas – a UK guide

Marriage Visas in the UK require skill and care from an immigration solicitor or immigration lawyer. Hassan Padhani, one of our immigration lawyers specialising in marriage and spouse cases explains:

There are two main categories that fall under the marriage route;

– Those Married to a British citizen
– Those Married to an EEA national

When considering making an application under the marriage route to a British citizen, you may apply either In-Country or Out-of-Country depending on various factors. In Country means applying inside the UK, Out of Country means applying from the home country of the foreign spouse.

When making an In-Country UK based application as a married partner of a British citizen, you have to satisfy many requirements, but two main requirements tend to be checked by our lawyers first:

– you must be married to a British citizen
– you must have certain valid leave to remain in the UK, ie be legally in the UK (usually most categories bar the visit visa)

Once the two main requirements are satisfied, then you can proceed to ensuring that you both satisfy all the 6 sub requirements under section 281 of the Immigration Rules.

If you are not married; the initial stage is giving notice of intention to get married to a registrar in the UK.

Following this the registrar will invite you and your intended spouse to an
interview where they will determine whether it is a genuine relationship, if the registrar is satisfied it is a genuine relationship you will be able to set a date
in order to get married.

Following the marriage ceremony, you may proceed to make an application for leave to remain as a spouse of a British national having to satisfy the requirements under
Section 281 of the Immigration Rules, these include amongst others;

– The applicant has sufficient knowledge of the English Language
– The applicant and his wife/civil partner have met
– The applicant and sponsor intend to live permanently together as spouses/civil partners
– The marriage/civil partnership is still subsisting
– There will be adequate accommodation for the applicant and sponsor, including any other dependants
– The applicant and sponsor are able to maintain themselves without recourse to public funds
– The applicant does have not any criminal convictions within the meaning of the Rehabilitation of Offenders Act 1974

In the alternative, if the applicant does not hold valid leave in the UK or on a visit visa in the UK then it is strongly recommended that you make the marriage application
via the British Embassy in your country of residence.

This entails the same criteria as above, except that the application will be submitted to the British Embassy in the applicant’s country of residence under form Vaf 4,
rather than the FLR (M) route which is made In-Country.

If the visa is issued, the applicant is normally granted a 24/27 month visa for leave to remain in the UK as a spouse of a British national. This is normally referred
to as the probationary period, and at the end of this period if you are both still together at the end of this period you can make an application for indefinite leave
to remain in the UK, and subsequently 12 months later you may then proceed to apply for British nationality.

Please note that if you make the application In-Country without a valid visa then there is normally an element of discretion that will be expected to be applied by
the Home Office, on the basis that you are unable to return back to your country of residence, usually this must be an extremely good reason. If it is granted you
will be granted a 3year visa and then another further 3 years, subsequently meaning that after the end of the 6 year period you can apply for Indefinite leave to remain
in the UK, and subsequently 12 months after apply for British nationality.

This is clearly a longer route when trying to attain permanent residence in the UK.

Please stay tuned for our next blog when we discuss marriage to an EU national.

Westkin Associates

info@westkin.com

5th Floor, Maddox House,
1 Maddox Street
Mayfair
London
W1S 2PZ
United Kingdom
0207 118 4546

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