Transpondia Immigration FAQ ©

When I research the income needed to sponsor a spouse or fiance, I keep seeing web sites referring to a "magic figure" of GBP 100.95 per week. Where does this figure come from? And how do I use it?

In earlier times lots of people were submitting applications who had very low incomes and the decision-makers were refusing their applications because they did not believe the sponsor was earning enough money. Applicants, on the other hand, were arguing that these decisions were often whimsical and they would be prepared to live in reduced circumstances anyway.

So finally the courts stepped in and made a ruling that helped to settle the issue. What the courts said is somewhat complex, but it can be reduced to the following two points...

• It does not matter if the applicant and sponsor are happy to live in reduced circumstances, everyone must meet the same minimal standard. They called this standard "the yardstick".
• The yardstick the courts used is is the level of income and other benefits that would be available if the family were drawing income support.

After the ruling was published, applicants and decision-makers alike began to refer to it. People began looking on the internet and learned that a couple on income support received GBP 100.95 per week and so it became the "magic number". Since then applicants have been using GBP 100.95 as a reference point from which to judge the strength of their application. We have advised that this practice can be helpful but only if only if the applicant has a thorough understanding of what the court actually said along with a general understanding of the benefits system and how the figure of GBP 100.95 fits in to the bigger picture.

We have also heard discussions in which practitioners have advised that sometimes achieving GBP 100.95 may not be sufficient to meet the maintenance requirement.

The original court decision can be found at KA & Ors (Adequacy of Maintenance) Pakistan [2006] UKAIT 00065

I am using the online form to apply for an entry clearance, or settlement visa, as a spouse. The form requires that I enter travel dates, including a return date. I intend to settle in the UK, so what should I put?

If the form requires a return travel date and you are applying for settlement, you could probably put any date reasonably into the future. But to be rigorously correct however, you would put the expiry date of your current passport. This will indicate to the consulate that you intend to settle while at the same time demonstrating an awareness of the restrictions in your current passport.

What happens when someone is caught in the UK without a visa?

Their identity will be established and their circumstances will be examined. This may be followed by a decision to place the person in custody or to issue them an Administrative Removal (or both).

Can an illegal immigrant remain if they marry a British citizen?

There are no provisions in the rules for an illegal to regularise their status (except for the 14 year long residence concession)..  However, an applicant who has married a British citizen can usually successfully apply for FLR in their home country. 

Can a person with an ancestry visa work in the EU?

The provision allowing the holder of an ancestry visa to work in the UK applies to the UK only.  It is not useful outside of the UK.

I can't find the British Consulate in Novosibirsk.  Where is it?

Novosibirsk does not have a British consulate.  There is, however, a VAC there.

Which exceptional and compelling circumstances would permit a person to receive British citizenship?

There are compassionate circumstances that might allow a person to remain in the UK for a limited period of time, or even as a permanent resident.  But being allowed to remain in the UK as a resident is not equivalent to being a citizen, and there are very few opportunities to acquire citizenship for those who do not qualify.

Does an application for British citizenship require a blood test?

No.

Where can I find a list of documents needed to apply for a spouse visa?

You can have a look at Spouse visas

Can a self-employed person sponsor a visitor (fiance, spouse)?

Yes.  Please see http://www.londonelegance.com/transpondia/spouse for more information

Can a Brasilian national work in the uk on a fiance visa

No.  The holder of a fiance visa is not allowed to work, regardless of what country they emmigrated from.

Can I volunteer in the uk as a visitor?

The rules are clear that visitors may not undertake paid or unpaid work.  On the other hand, certain registered charities may be able to sponsor a volunteer to Work Permits UK. 

Can someone with a uk fiance visa travel outside of the uk?

Yes.  The rules were changed in the late '90s to make the fiance visa multiple entry.  Take careful note, however, that once the holder has married, the fiance visa must be switched to FLR because entering the UK with a different status is abusive.

Does an American citizen need a return ticket to visit the uk?

All visitors to the UK should be prepared to show that their onward journey has been paid for.  This advice holds true regardless of nationality.

There is no "official" table where someone can see the minimum amount needed in order to succeed in a fiance or spouse application. The UK Border Agency (UKBA) would not commit themselves to publishing such a table because it would be too complex (considering region, number of dependents, tax bands, personal lifestyles, and so on); and were they to attempt it, the table would be out-of-date within about a month. The decision about the suitability of an applicant's financial status is left entirely to each ECO, and this system is not going to change anytime soon.

We have always suggested that applicants who are concerned about not clearing this hurdle prepare a realistic budget to demonstrate their ability to make ends meet. The Office of National Statistics provides average household expenditures by region, and is a good reference point.

What is the title of the minister who is responsible for law and order and immigration?

The Home Secretary.  Reporting in to the Home Secretary are the Minister of Justice and the Minister of Immigration and Nationality.  These are two separate posts.

When can the monarch express her or his views on government matters?

We suggest having a look at http://www.royal.gov.uk/

Are children required to take the "Life in the UK" test in order to qualify for British nationality?

No.  Children are exempt from this requirement.

Where can I find a list of the compassionate circumstances that enable someone to settle in the UK?

There is no list as such.  The IND regards each case as unique, and an attempt to enumerate all the various possibilities would not be productive.

Does someone coming to the UK with a fiance visa need to show a return air ticket?

For the 1,000th time:  NO.

What is the difference between 'permanent residence' and 'indefinite leave'?

They both mean the same thing.

What is the difference between an Entry Clearance Officer and an Entry Clearance Manager?

An Entry Clearance Officer (ECO) makes the decision about whether or not a given application is successful. An Entry Clearance Manager provides supervision and reviews decisions in border-line cases.

What are the grounds for appealing a refusal of a Working Holiday Maker visa?

This sort of question is ambiguous and should be taken up with a professional. Please visit getting assistance for information on locating a professional who can help.

Can a Working Holiday Maker use the NHS?

Generally yes, but for lengthy or complex treatment, other provisions in the NHS rules may apply.

Does a previous overstay affect an application?

It depends upon the application and the circumstances of the overstay. We advise those who plan to make future visa applications to avoid overstaying because it affects the applicant's credibility.

Does Jersey have the equivalent of a UK Ancestry Visa?

Yes. Applications should be made at the cognizant British consulate.

Why is the Home Office called 'Lunar House'?

This name was coined by the property developers in conjunction with the original tenents and has no explicit or implicit inference whatever towards immigration or immigrants.

Why don't you answer email?

The content of the FAQ reflects our knowledge of UK immigration systems, and if it does not appear on the site, then we don't know the answer.

What does the Government think about your site?

Site statistics tell us that approximately 5% of our visitors come from UK Government agencies, and approximately another 8% come from Citizen's Advice Bureaux. They have not told us what they think and we have not asked. We hope they find the information here useful, and they are certainly able to access our feedback page to address any concerns or issues they wish to take up.

What is the purpose of the 'Landing Card'?

The 'landing card' provides the Immigration Officer with additional information about someone's entry into the UK. Sometimes the number on the 'Landing Card' is transcribed into the passport so that it can be used as a tracking number.

What do the letters 'VIPP' in my passport mean?

This means simply "Visa in Previous Passport". It is nothing at all to be concerned about.

Will the Home Office visit our house to see if we have a sham marriage or not?

The Home Secretary is empowered to instruct the Immigration Service to make house visits if he or she deems it necessary.

I am in the UK illegally, and I am hoping that the Government will declare an amnesty so that I can become legal. When will this happen?

The Government has declared amnesty in the past, but it covered only a small number of cases and was not as successful as originally predicted. Moreover, the prevailing mood in the UK obviates this from happening again any time soon, and we suggest that a strategy based upon the possibility of an amnesty is ill conceived.

Has the Government ever tried to shut you down?

Transpondia is no stranger to threats and accusations from the Office of the Immigration Services Commissioner, and fending them off has taken a large amount of time and resources. But to date, the OISC have not been successful, and we will persist. We strive to have excellent relationships with all other Government agencies.

Can someone make a donation to your site?

No.

Why does the British consulate not accept internet bank statements?

Internet bank statements are too easily forged.

There is an illegal immigrant working where I work. How can I shop them and avoid recriminations?

Simply call the police. They will know what to do next.

I sent the British consulate in Moscow an email 3 weeks ago and they have not replied. What can I do?

In our experience, sending email to consulates is a hit-or-miss proposition. We suggest that you send a letter via 'snail mail' to UKvisas in London. They will try to reply to you within 20 days, and when they do, the response is almost always satisfying.

Where can an overstayer go to get help?

Try Selected UK Advisers

Are foreign divorces recognized in the UK?

Usually a divorce that is legal in the jurisdiction where it was obtained will be recognized by the UK although there are some notable exceptions, see Talaq Divorce.

Also, the UK is a signatory to the Hague Convention on the Recognition of Divorces and Legal Separations, and is bound to recognize divorces obtained in the jurisdictions of the other signatories. See Hague Convention for more information.

Where is the best internet forum to obtain visa advice?

Have a look at our links page...

What should I say when immigration asks if I gave my sponsor any gifts?

We advise all applicants to tell the truth to immigration officials. To deceive an immigration official is a violation of UK law.

How long does it take to convert a student visa to British citizenship

10 years of continuous legal residence in the UK will enable someone to qualify for permanent residence, and a full year of permanent residence is needed for citizenship. So the answer is 11 years.

How can I be an immigration adviser?

There is an examination you can take that will give you the needed qualification.

How often are you in this chat room?

One of our volunteers will host the chat room (Paltalk, ICQ, MSN, and so on) when they have the time, but there is no set schedule.