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Sun 25th Feb 2018
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Is there is any other test other than IELTS for Tier 2 visa application?
Dear Sir,

I am currently in UK as a student doing NVQ Level 4. My employer just offered to give me a work permit as a senior carer. But I am told to get IELTS in order to process my application. I have previously done IELTS but I did the exam 2 years before and the result is not valid now as 2 years have passed. I checked for doing the IELTS exam but I was told that the result will not come in 2 weeks time and I need the results before 2 weeks as I am told that there is no senior carer visa after 6th April. What can I do in these circumstances? Please help me

Preethy, Woking

Dear Preethy,

IELTS is only one of the English qualifications which can be used for scoring points in Tier 2 visa applications. There is another test called The Certificate in English Language Test ( CIELT) which also is accredited by the UKBA for Tier 1 and Tier 2 Visas. The test is offered by a college called College of excellence in Greenford, Middlesex. As far as I am aware you can get the result of the test in the same day. I normally recommend this test to those visa applicants who approach me for Tier 1 and Tier 2 Visa application. The telephone no of the college is 0208 575 5145. I therefore suggest you to contact this college and do the exam at the earliest possible date. All the best wishes.

Solicitor Paul John
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Does a child need to satisfy residency requirement to get indefinite leave to remain in UK?
Dear Sir,

I am in UK as a work permit holder and I qualify for PR in July 2011. My 5 year old daughter is at th moment in Kerala. I wish to bring her to UK at the time of my PR application. I am told by a friend that my daughter will not get PR as she is away from UK for more than 6 months. Is it correct?
Ancy, London

Dear Ancy,
The dependants of a work permit holder will get PR if they are in UK at the time of application and they are still dependant on the main work permit holder. Therefore your child is eligible to apply for PR along with you if she is present with you in UK at the time of application. Children below 18 are normally not required to prove that they are dependent on the main work permit holder. Further it is for the work permit holder who needs to demonstrate that she is not absent from UK for more than 6 months during the past 5 years of stay in UK. The chid doesn’t need to prove that she was in UK continuously for the past 5 years.

Paul John
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Can I apply for Post study work visa from India?
Can I apply for Post study work visa from India?

Dear Sir,

I am studying for an MBA programme with University of Sunderland. My visa is running out on 25th February 2011. My results will come only after 15th March 2011. The university is not willing to issue me a CAS for extending my visa as my course has finished. They have advised me to go back to India and apply for post study work visa from there. Is it possible to apply for Post Study Work Visa from India?


Yes it is possible to apply for Post study work visa from India. But you need to show £2800 for 3 months in your account for applying from India.

Paul John
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Student visa refused?
Dear Sir,

I am in UK as a student and applied for student visa extension. I came to UK to study Msc in IT at Staffordshire University. I failed in my dissertation and was awarded only a Post Graduate Diploma in IT. Meanwhile I joined for a P G Diploma in Management with a college and applied for the extension of my visa. My application was refused stating that I have breached the immigration rules. I have been given an appeal right. I need your advice as to what should I do now.

Jairaj, Stoke on Trent.

Dear Jairaj,

Without seeing the refusal letter I will not be able to give an accurate view. From my experience I guess that the UKBA has refused your application on the basis that you have joined a course before a CAS letter has been issued for that particular course. We have recently seen a lot of refusal in the student visa in the above way and in one of our cases the UKBA withdraw its decision while in the Immigration Tribunal and granted the student the visa. As per the new Borders Act you cannot start studying for a course while you are in the CAS of another sponsor and had left the sponsor. You have informed me that you completed your P G Diploma with Staffordshire University. Therefore without seeing the details of your new admission dates I cannot make a precise analyse of your case. Normally the UKBA will send a copy of their decision in detail why your application was refused if you appeal the decision. Therefore I recommend you to see a solicitor as early as possible and lodge the appeal with the Asylum and Immigration Tribunal.

Paul John
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What I have to do if I want to change my Tier2 sponsor?
Dear Sir,

I am in UK on a tier 2 visa as a senior care worker. I came to UK as a student to do NVQ Level 3 and I was working part time in a nursing home. As my nursing home didn't have sponsor licence, I applied for job with another job and got this Tier 2 visa. Now my nursing has got a sponsorship licence. Is it possible for me to change my Tier 2 visa to my old employer and what are the formalities for the same.

Reni. Ipswich

Dear Reni,

First check with your old employer whether they have been given any valid certificate of sponsorship by the UKBA. As per my knowledge even though any new applicant will be granted the sponsorship licence, the UKBA will not give any certificate of sponsorship. This means that new registrants in the sponsorship licence system will not have any certificate of sponsorship to sponsor overseas employees. They will have to make request for additional certificate of sponsorship and currently additional COS are not been issued for jobs like senior care assistant. Therefore I don't think your old employer will now be able to issue a certificate of sponsorship. Enquire with them whether they have been issued with any certificate of sponsorship by UKBA. If they say no then it is better to stay in your current job.

Paul John
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For getting PR do we have to work with the same employer?

I came to the uk in April 2006 assenior carer's work permit through one of the agency but the agency sent me to another nursing home, I received another senior carer work permit in the month of august for 5 years.I have completedONP in the same home and moved to another one as a nurse in June and now I am working in nhs as a nurse,I lost my 1st and 2nd work permit I have got the 3rd and the present one, amI eligible to apply for aPR in April.

Thank you

Mrs. Mani , London

You cannot apply in April as you didn't work with your employer at that time. You can apply for PR on the basis of the work permit which was issued to you in August 2006 as you started working legally in UK since that date.

You have said that you lost your 2nd work permit. A copy of the work permit can be obtained from the UKBA under the data protection act and this normally takes 1 month time. Accordingly apply for your file from UKBA under the data protection Act. Normally at the PEO reception they wish to have sight of your work permit in order to process the application on the same day.

So from the information provided by you can apply for PR in August 2011 if you satisfy all other requirements of the immigration rule.

Mr Paul John
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My wife is getting benefits, will that be a problem to get PR ?
Dear Sir,

I am in UK as a dependant husband of a British citizen. I have 27 months visa. My wife is not working and she is getting income support. We are also getting child benefit. I am in full time employment. I will be eligible to apply for PR in March 2011. I am told by my friends that I will not get PR as my wife is on benefits. Kindly advise?

Madhu, Barking

You can apply for PR as you are in full time employment and will be able to support yourself without recourse to public funds. Your wife is entitled to claim public funds as she is a British Citizen but she cannot use that public funds to support you. As you are in full time employment, you will be able to maintain and accommodate yourself without public funds and therefore you can apply for PR.

Paul John
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How to get details of Tier 2 Visa Cancelled by employer?
Dear Sir,

I am in UK as a work permit holder as a chef. I had a bad time with my previous employer and left the job. I got another job and got a new work permit 2 years back. I will be qualified for applying for PR in June this year. I have been told that my previous employer could have cancelled my work permit when I left. Is it possible? I am not in good terms with my old employer so how can I know this has happened in my case. Kindly give a reply

Prashanth, London

Dear Prashanth,

It is true that your previous employer can apply to the UKBA to cancel your visa when you left his employment. If he cancels your work permit normally the UKBA will inform you if you had left a forwarding address with your previous employer. The only way to know whether your work permit was cancelled is to get a copy of your immigration file from the UKBA. This can be obtained from the UKBA for a nominal fee. Contact an independent legal advisor and they can assist you to get a copy of your file from the UKBA

Paul John
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