I am doing an MBA with University of Wales through my college. I have completed my PG Diploma in Management and am waiting for the results. My visa is finishing on 30th April and I need to apply for my visa extension as I need to submit my dissertation as part of my MBA programme. My college has informed that they will issue me a CAS Letter. I wish to know whether I qualify for reduced maintenance and what proof should I keep with, my application as I have not received my results yet.
You qualify for reduced maintenance as you are currently studying a single course, of which you have completed at least six months of study. If you will not be able to get your results at the time of the application, a letter from the college confirming that you have completed the Post Graduate Diploma will suffice. The letter should give the details of the start and end of the course with all your details.
Paul John

If you wish questions to be answered by Paul John please send it to news@ukmalayalamapathram.com

Dear Sir,
I came to UK as a student nurse in August 2005. I completed adaptation and got a work permit on 16th June 2006. My visa was stamped in the passport on 20th October 2006. I wish to know when I can apply for PR in UK?.

You can apply for PR on or after 22nd September 2011 if you satisfy all other requirement of the immigration rules. Even though you got a work permit approval letter in June 2006, the same will get effect as a work permit visa for residency purposes when it was endorsed in the passport as a work permit visa on 20th October 2006 and your five year residency period starts from that date for settlement purpose.
Paul John
If you wish questions to be answered by Paul John please send it to news@ukmalayalamapathram.com

I am in UK on a Tier 2 visa and has visa until 02nd July 2013. My husband is in India and he got my dependant visa last week. His brother is going to get married in May. Is there any problem if he comes to UK after his brother’s marriage in May?

No, there is no problem if he comes after May. There is no requirement in Tier 2 dependant visa that he should come within a particular time. He can come at any time within the validity of his visa as long as the marriage is subsisting.

I got PR last year and can apply for British Citizenship this year in April. I own a house in Kerala and I also have other properties in India. I am told that if you take British citizenship I can’t hold any properties in India. Is it true? I am worried to apply for British Citizenship.

A foreign citizen cannot hold properties in India. But as it is possible to hold dual nationality, taking a British Citizenship will not affect your properties in India if you apply for Overseas Citizenship of India. OCI will give you a status as an NRI and you will be able to hold properties as NRI’s are allowed to purchase property in India. There is certain limitation for holding plantations but otherwise being an OCI you can hold ancestral and acquired properties in India.

My Tier 1 General visa is finishing in May 2011. I need to have 2 more year’s extension to apply for permanent residency. My friends are telling me that the Tier 1 general visa route is closing down from 6th April and I will not be able to extend my visa. Is this correct. Will I be able to extend my visa?

Yes, you will be able to extend your visa if you are able to satisfy the requirements under the rule. You need to get sufficient points as per the rules which were applicable at the time of the grant of Tier 1 visa. You can check your point status from the point calculator in the UKBA website. The new change is only with regard to new applications. From 06th April there will no longer be Tier 1 general visa for fresh applications. Those who already in UK in a Tier 1 General visa can apply for visa extensions.

I am in tier2 general visa, as a restaurant manager, I came here as a student in 2008 and change to tier2 in 2009 jan. Do I am eligible for PR. In 2009 July I changed my employer .And if I want to change my employer is it possible after April 6 th 2011 when the new rule comes up! Looking forward to hear u

Yes, you are eligible for PR under current rules in January 2014 if you satisfy all the other requirements of the settlement rules. It is possible to change your employer after 6th April if you are in Tier 2 visa

Dear Sir,

I am in UK as a Tier 4 Migrant student. I came in December and my visa expires in April. The first 2 semester of my course was taught in India and the last 2 semesters are taught in UK. The course has been delayed and I need to extend my visa in UK. I am told that I need to show full maintenance to extend my visa. Is it correct?


A student qualifies for reduced maintenance only if he/ she has an established presence in UK. A student will make an established presence in UK if he /she has completed a course of 6 months duration or is studying a course and has completed 6 months of study in that course within the past 4 months. In your case as you have been in UK for less than 6 months you will not be considered to have an established presence in UK and therefore you will not qualify for the reduced maintenance requirement under the policy guidance. You may be able to argue that clause 127 ( 2) of the guidance is applicable in your case as you are currently studying a single course, of which you have completed at least six months, amalgamating the study you have done in India and in UK. But it will be difficult to convince the UKBA official regarding this and you may need to go before an Immigration Judge to establish your case in appeal. So the easiest and more practical way to adopt in your case is to show full maintenance. In case you don’t have the required funds for showing full maintenance you should get legal advice from a legal advisor to make an application in this regard.

Paul John

As per the new immigration law, it is heard that senior carer visa is removed from the short list for getting visa. In this case is there any chance for those who have already tier 2 visa as senior carer to renew it on its expiry in 2013?

Jithesh

Dear Jithesh,

The new rule which come into force in April will only affect the issuance of new Tier 2 visas. It doesn’t affect the extension application. You will be able to extend the Tier 2 visa as a skilled senior care worker after April 2011 as well. I hope this clarifies your doubt.

Paul John