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

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

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?

Rajiv

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

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

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