UK Immigration FAQs: Answers to the Questions Our Clients Ask Most Often
UK Immigration FAQs: Answers to the Questions Our Clients Ask Most Often
Prepared by: Alvyn Kee（纪律师）, Solicitor
UK immigration law can be difficult to navigate. The correct application, evidence and strategy will depend on your immigration history, family circumstances and long-term objectives.
Below, Alvyn Kee（纪律师） answers some of the questions most frequently raised by clients.
1. Which UK immigration application should I make?
There is no single application that is suitable for everyone. The appropriate route may depend on whether you wish to join a spouse, partner, parent or child; work or establish a business in the UK; extend your existing permission; rely on your family or private life; apply based on long residence; obtain Indefinite Leave to Remain; challenge a refusal; or become a British citizen.
Choosing the wrong form or immigration route can result in delay, additional expense or refusal. It is sensible to identify the correct route before submitting and paying for an application.
2. Can I switch to another visa while I am in the UK?
Some applicants can switch immigration categories from within the UK, but others must leave and apply from overseas. The answer depends on the person’s current immigration status, the route they wish to enter and any restrictions applying to their existing permission.
Visitors, for example, are generally restricted from switching into many long-term immigration routes from within the UK. Applicants should check the switching requirements before making an application or allowing their current permission to expire.
3. What happens if my visa expires while my application is pending?
Where a person submits a valid application to extend or vary their permission before it expires, section 3C of the Immigration Act 1971 may extend their existing permission while the application is being decided.
Their previous conditions, including any permission to work, will normally continue during that period. However, section 3C protection does not arise from an invalid or late application. It is therefore important to submit the correct application, pay the required fees and complete all validity requirements before the deadline.
4. How long will my immigration application take?
Processing times vary according to the visa category, whether the application was made inside or outside the UK and whether further evidence or enquiries are required.
The Home Office publishes current processing-time guidance, but these are service standards rather than guaranteed decision dates. Priority services may be available for certain applications.
If an application has been outstanding substantially beyond the published timescale, it may be appropriate to chase UKVI, submit a formal complaint or consider further legal action.
5. What evidence is needed for a partner or spouse visa?
Applicants normally need to demonstrate that their relationship is genuine and continuing, any previous relationships have permanently ended, they intend to live together in the UK, the relevant financial requirements are met, suitable accommodation is available, and the English-language requirement is satisfied or an exemption applies.
Evidence may include marriage certificates, joint correspondence, financial records, photographs, travel records and communications showing the development of the relationship. The precise requirements depend on the circumstances and, in some cases, when the applicant first entered the family route.
6. What is the difference between 10-year Long Residence and the 20-year Private Life route?
These are different immigration routes.
The 10-year Long Residence route generally requires ten years of continuous lawful residence in the United Kingdom. Time in different immigration categories can potentially be combined, subject to the applicable rules.
The 20-year Private Life route may be available to an adult who has lived continuously in the UK for at least 20 years. The period can include time spent with or without immigration permission.
A person who has lived in the UK for less than 20 years may also have a claim where there would be very significant obstacles to integration in the country of return.
7. Will absences from the UK affect my settlement application?
They can. Different immigration routes apply different continuous-residence and absence requirements. The dates and length of every absence should be reviewed carefully.
Long absences caused by serious illness, caring responsibilities or compelling compassionate circumstances should be fully explained and supported by appropriate evidence. Applicants should not assume that the Home Office will understand the reason for an absence without clear representations.
8. What should I do if I have overstayed?
An overstayer should obtain advice immediately. Submitting an application within 14 days of overstaying does not automatically reinstate the person’s previous immigration conditions or provide section 3C protection.
The available options will depend on the reason for the delay, the person’s family and private life, their immigration history and whether exceptional circumstances prevented an in-time application.
9. What can I do if my immigration application is refused?
The available remedy depends on the decision. A refusal may provide a right of appeal, a right to administrative review, an opportunity to submit a fresh application, grounds for a reconsideration request, or grounds for judicial review.
Deadlines can be very short. The refusal letter should be reviewed promptly before deciding which option provides the strongest remedy.
Many applicants must first obtain Indefinite Leave to Remain and hold it for at least 12 months before applying for naturalisation. A person married to a British citizen may not need to wait 12 months after obtaining settlement, but must satisfy the separate three-year residence requirements.
Citizenship applications can also involve requirements relating to physical presence in the UK on the relevant qualifying date, absences, English language, the Life in the UK Test and good character. Naturalisation is discretionary, so eligibility should be checked carefully before applying.
11. How do I prove my immigration status?
Most people with digital immigration status can view their eVisa online and generate a share code. A share code can be used to prove immigration status and associated rights to an employer, landlord or other organisation.
Passport and contact details linked to the UKVI account should be kept up to date, particularly before travelling.
12. Should I obtain legal advice before applying?
Not every application requires a solicitor. However, legal advice can be particularly valuable where there are previous refusals, overstaying or gaps in immigration status, criminal convictions or allegations of deception, complex absences, insufficient documentary evidence, medical or compassionate circumstances, children whose best interests must be considered, or urgent deadlines.
Early advice can identify the correct route, expose potential difficulties and ensure that the evidence addresses the requirements before the application is submitted.
Immigration Advice from Alvyn Kee（纪律师）, Solicitor
Alvyn Kee（纪律师） advises individuals and families on complex UK immigration and nationality matters, including partner applications, long residence, Private Life, settlement, British citizenship, refusals, appeals and judicial review.
Clear advice. Personal service. Strong representation.
This article provides general information only and does not constitute legal advice. Immigration Rules, fees, policies and processing times may change. Every application is determined according to its individual circumstances and the rules applying at the relevant time.
UK Immigration FAQs: Answers to the Questions Our Clients Ask Most Often
UK Immigration FAQs: Answers to the Questions Our Clients Ask Most Often
Prepared by: Alvyn Kee（纪律师）, Solicitor
UK immigration law can be difficult to navigate. The correct application, evidence and strategy will depend on your immigration history, family circumstances and long-term objectives.
Below, Alvyn Kee（纪律师） answers some of the questions most frequently raised by clients.
1. Which UK immigration application should I make?
There is no single application that is suitable for everyone. The appropriate route may depend on whether you wish to join a spouse, partner, parent or child; work or establish a business in the UK; extend your existing permission; rely on your family or private life; apply based on long residence; obtain Indefinite Leave to Remain; challenge a refusal; or become a British citizen.
Choosing the wrong form or immigration route can result in delay, additional expense or refusal. It is sensible to identify the correct route before submitting and paying for an application.
2. Can I switch to another visa while I am in the UK?
Some applicants can switch immigration categories from within the UK, but others must leave and apply from overseas. The answer depends on the person’s current immigration status, the route they wish to enter and any restrictions applying to their existing permission.
Visitors, for example, are generally restricted from switching into many long-term immigration routes from within the UK. Applicants should check the switching requirements before making an application or allowing their current permission to expire.
3. What happens if my visa expires while my application is pending?
Where a person submits a valid application to extend or vary their permission before it expires, section 3C of the Immigration Act 1971 may extend their existing permission while the application is being decided.
Their previous conditions, including any permission to work, will normally continue during that period. However, section 3C protection does not arise from an invalid or late application. It is therefore important to submit the correct application, pay the required fees and complete all validity requirements before the deadline.
4. How long will my immigration application take?
Processing times vary according to the visa category, whether the application was made inside or outside the UK and whether further evidence or enquiries are required.
The Home Office publishes current processing-time guidance, but these are service standards rather than guaranteed decision dates. Priority services may be available for certain applications.
If an application has been outstanding substantially beyond the published timescale, it may be appropriate to chase UKVI, submit a formal complaint or consider further legal action.
5. What evidence is needed for a partner or spouse visa?
Applicants normally need to demonstrate that their relationship is genuine and continuing, any previous relationships have permanently ended, they intend to live together in the UK, the relevant financial requirements are met, suitable accommodation is available, and the English-language requirement is satisfied or an exemption applies.
Evidence may include marriage certificates, joint correspondence, financial records, photographs, travel records and communications showing the development of the relationship. The precise requirements depend on the circumstances and, in some cases, when the applicant first entered the family route.
6. What is the difference between 10-year Long Residence and the 20-year Private Life route?
These are different immigration routes.
The 10-year Long Residence route generally requires ten years of continuous lawful residence in the United Kingdom. Time in different immigration categories can potentially be combined, subject to the applicable rules.
The 20-year Private Life route may be available to an adult who has lived continuously in the UK for at least 20 years. The period can include time spent with or without immigration permission.
A person who has lived in the UK for less than 20 years may also have a claim where there would be very significant obstacles to integration in the country of return.
Read our detailed guide: The 20-Year Long Residence Rule: A Route to Stay in the UK, Explained.
7. Will absences from the UK affect my settlement application?
They can. Different immigration routes apply different continuous-residence and absence requirements. The dates and length of every absence should be reviewed carefully.
Long absences caused by serious illness, caring responsibilities or compelling compassionate circumstances should be fully explained and supported by appropriate evidence. Applicants should not assume that the Home Office will understand the reason for an absence without clear representations.
8. What should I do if I have overstayed?
An overstayer should obtain advice immediately. Submitting an application within 14 days of overstaying does not automatically reinstate the person’s previous immigration conditions or provide section 3C protection.
The available options will depend on the reason for the delay, the person’s family and private life, their immigration history and whether exceptional circumstances prevented an in-time application.
9. What can I do if my immigration application is refused?
The available remedy depends on the decision. A refusal may provide a right of appeal, a right to administrative review, an opportunity to submit a fresh application, grounds for a reconsideration request, or grounds for judicial review.
Deadlines can be very short. The refusal letter should be reviewed promptly before deciding which option provides the strongest remedy.
Read our related guide: How to Avoid a UK Immigration Application Refusal.
10. When can I apply for British citizenship?
Many applicants must first obtain Indefinite Leave to Remain and hold it for at least 12 months before applying for naturalisation. A person married to a British citizen may not need to wait 12 months after obtaining settlement, but must satisfy the separate three-year residence requirements.
Citizenship applications can also involve requirements relating to physical presence in the UK on the relevant qualifying date, absences, English language, the Life in the UK Test and good character. Naturalisation is discretionary, so eligibility should be checked carefully before applying.
11. How do I prove my immigration status?
Most people with digital immigration status can view their eVisa online and generate a share code. A share code can be used to prove immigration status and associated rights to an employer, landlord or other organisation.
Passport and contact details linked to the UKVI account should be kept up to date, particularly before travelling.
12. Should I obtain legal advice before applying?
Not every application requires a solicitor. However, legal advice can be particularly valuable where there are previous refusals, overstaying or gaps in immigration status, criminal convictions or allegations of deception, complex absences, insufficient documentary evidence, medical or compassionate circumstances, children whose best interests must be considered, or urgent deadlines.
Early advice can identify the correct route, expose potential difficulties and ensure that the evidence addresses the requirements before the application is submitted.
Immigration Advice from Alvyn Kee（纪律师）, Solicitor
Alvyn Kee（纪律师） advises individuals and families on complex UK immigration and nationality matters, including partner applications, long residence, Private Life, settlement, British citizenship, refusals, appeals and judicial review.
For advice about your circumstances, call 020 3161 5450 or contact Qazi & Co Solicitors.
Clear advice. Personal service. Strong representation.
This article provides general information only and does not constitute legal advice. Immigration Rules, fees, policies and processing times may change. Every application is determined according to its individual circumstances and the rules applying at the relevant time.
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