For all queries please feel free to contact us on 020 8346 3448 or email us at brendan@bederlaw.com
Can I get a work permit? Work permits are issued in cases where an employer can demonstrate that it has not been able to recruit a suitable candidate locally. The application is made by or on behalf of the employer and it therefore follows that you must have a suitable job offer. Work permits are issued in respect of jobs satisfying a certain skills threshold and to candidates with appropriate qualifications and/or experience.
How long is a work permit valid for? Work permits can be issued for anything up to 5 years. Permits issued for a shorter period can be extended and after 5 years the work permit holder is able to apply for permanent residence.
I have been in the UK for 5 years. Am I entitled to residence? It is only possible to acquire permanent residence in the UK after 5 years in a limited number of categories. Essentially these are the categories relating to employment, self-employment or marriage to a British or EEA national. A person who has been in the UK for 5 years as a student is unlikely to be eligible for permanent residence.
Can I get an ancestry visa? If you are a Commonwealth national, over the age of 17, are intending to work or look for work in the UK and have a grandparent who was born in the UK, then it is likely that you will qualify for an ancestry visa. This will allow you to work in the UK for 5 years and to then apply for permanent residence.
Can I start my own business in the UK? The normal requirements for a person intending to start his or her own business in the UK are the investment of at least 200,000 pounds of his or her own money in the business and the creation of at least 2 full-time positions. In the case of certain businesses (high-tech, e-commerce etc) the money to be invested can be via a third party.
My 2 year working holiday visa is coming to an end. Can I extend my stay? It is not possible to extend this type of visa beyond 2 years. The only way to remain in the UK beyond the expiry of the visa is by changing your visa status. In the event that you are looking to stay only for a short period, the Home Office will consider applications to extend your stay as a tourist although this will not enable you to continue working.
Can I get a British passport? Unless you have an entitlement to a British passport by descent (ie. a father or (since 1983) a mother born in the UK) then it will be necessary for you to naturalise. This will depend on you already having acquired permanent residence in the UK and having spent a total of 5 or 3 (if married to a British citizen) years in the UK. There are at present restrictions on the number of days that you are allowed to spend out of the country during the 5 or 3 year period.
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