This is the final part of our four-part series on the 2025 UK Immigration White Paper. In Part 1, we examined proposed changes to work routes and the closure of the care worker visa. Part 2 explored rising sponsorship costs and reduced options for international graduates. Part 3 focused on tougher English language rules, longer settlement timelines, and new barriers to citizenship. We now turn to the UK’s digital border transformation, changes to Electronic Travel Authorisation (ETA), and reforms to the asylum and humanitarian system. These proposals mark a new era in how the UK controls entry and responds to people seeking protection.

The UK is gradually introducing a new system known as the Electronic Travel Authorisation, or ETA. This is not a visa but a digital permission that travellers from certain countries must get before coming to the UK. It applies to people who do not normally need a visa to visit, such as those from the United States, Australia, or Canada.

The ETA was first introduced in 2023 for Qatari nationals and is being rolled out in stages to other countries. By the end of 2024, it is expected to apply to all non-visa nationals. Travellers must apply online or through an app before they travel, and if approved, their authorisation is linked electronically to their passport. It usually lasts for two years or until the passport expires.

The main purpose of the ETA is to improve border security. It allows the UK Government to check people before they arrive and to refuse permission in cases where someone may pose a risk. For example, the UK authorities can refuse an ETA application if someone has a criminal record, owes money to the NHS, or has broken immigration rules.

Although it is not called a visa, the ETA process includes some of the same checks—especially around what’s known as suitability. Suitability checks are background checks to see whether someone’s personal or immigration history makes them unsuitable to enter the UK. These checks are already part of almost every UK visa application, and the ETA brings them into the process for people who normally don’t need a visa.

For travellers, this means more paperwork before boarding a flight. But for the Government, it offers better control over who enters the country and helps reduce the risk of overstaying or illegal working.

Asylum and Humanitarian Routes Face New Restrictions

In the year ending March 2025, the UK received 109,343 asylum claims — the highest number since 1979. This was a 17% rise from the previous year. Just under half (49%) of initial decisions resulted in grants of protection. This is down from 61% in 2024. Around 45,084 people were granted protection at first decision — a 35% drop year-on-year. The tribunal backlog remains high, with 91,000 cases pending at the end of 2024. Roughly 42,000 appeals were still waiting to be resolved.

Under the new white paper, arriving in the UK without permission—no matter the threat of danger in one’s home country—could become grounds for refusing an asylum claim outright. The Government intends to introduce faster removal procedures, curtail appeal rights, and tighten eligibility across all humanitarian routes.

The UK plans a new Displaced Talent Mobility Scheme. It will bring in 10,000 skilled refugees over five years. The UN will help assess applicants. The scheme excludes family members and targets only high-demand skills.

Comparable programmes already exist internationally. In the United States, the Welcome Corps at Work initiative matches skilled refugees with US employers and provides a pathway to permanent residency—often including their families. Talent Beyond Boundaries performs a similar matching service internationally. These US schemes usually include family members. They also offer strong support for integration. This makes them more ambitious than the UK’s proposal.

Taken together, the UK’s proposed scheme represents a modest and selective approach compared to international equivalents. Employers will play a key role in making the scheme successful. Its success will also rely on clear identification of the prioritised skills and on whether future policy changes include family reunion.

What Should You Do Now?

These proposals are not minor adjustments. They represent a complete rethinking of who can come to the UK, on what basis, and for how long. If these planned changes affect you or those you advise, now is the time to assess the situation. Make informed decisions. Take action.

Review your situation or that of your clients carefully. Check eligibility under the current rules, and consider submitting applications before new restrictions come into force. Prepare for English language requirements, revisit financial planning, and ensure all documentation is in order.

With these sweeping reforms, the 2025 Immigration White Paper redefines the future of UK migration policy—from visas and settlement to family life, borders, and citizenship. If you’ve not yet read the earlier parts of this series, we recommend going back to Part 1 for a full understanding of the scale and structure of these changes.

This is a turning point. Understanding what’s ahead—and acting in time—could make all the difference.

The post UK Border Reform 2025: ETA Rules & Digital Checks Explained first appeared on UK VISA SUCCESS with Svitlana Shlapak.

Welcome to Part 3 of our four-part guide to the UK Government’s 2025 Immigration White Paper. This section focuses on how the Government is reshaping the path to long-term residence and British citizenship. From stricter English requirements to a longer wait for settlement, the emphasis is shifting towards deeper integration but at a higher cost for migrants and their families.

Part 1 covered new work visa rules and the closure of the care worker route. In Part 2 you’ll find an explanation of higher sponsorship costs and shorter graduate visas. Part 4 explores the UK’s new digital border and tighter asylum controls.

The proposed changes would extend existing English language progression requirements to a wider range of visa categories. Under Appendix FM, all partners of British citizens or settled persons must demonstrate A1-level English to enter the UK, A2 when applying to extend their stay after 33 months, and B1 when applying for settlement, usually after 60 months on this visa.

The Government now proposes a new staged English language model for most immigration routes. Under this plan, the applicants would need to demonstrate A1-level English when first applying for a visa. They would then need to show A2-level English when applying for an extension and meet B2-level English when applying for settlement. This model mirrors the existing requirements under Appendix FM, which already applies to partners of British citizens and settled persons.

At present, most adult dependants of workers and students are not required to meet any English language requirement. Introducing this tiered model would be a major shift in policy, placing greater emphasis on language ability for anyone planning to build a long-term future in the UK.

Some routes would remain outside these new rules. Visit visas, short-term student visas, seasonal work schemes, and protection-based routes such as asylum and humanitarian protection would not require applicants to meet any English language thresholds. These are short-term or exceptional categories, and the Government has so far excluded them from these changes.

Ministers argue that the proposed language rules are designed to support better long-term integration. The Government believes that stronger English skills improve access to jobs, reduce pressure on public services, and help migrants participate fully in British life. These principles appear in Section 117B of the Nationality, Immigration and Asylum Act 2002. The Immigration Act 2014 added this section, and it came into force in July 2014. This section sets out the public interest in ensuring that people who seek permanent residence in the UK are able to speak English, as part of the wider assessment of private and family life claims under Article 8 of the European Convention on Human Rights.

However, although the aims focus on integration, the proposed rules create new burdens. Extra exams mean more financial cost, time, and preparation. This could especially affect families with lower incomes, or those in areas with few test centres. For many, particularly from non-English-speaking countries, these changes could make an already complex system even harder to navigate. As the consultation process continues, these concerns will likely play a central role in shaping the final version of the new rules.

Settlement Will Take Longer for Most

Previously, many people could apply for settlement in the UK after five years of lawful residence. Under the Government’s new proposals, this qualifying period could double to ten years for most applicants. Exceptions may apply to partners of British citizens or those who make an “exceptional contribution” to UK society, though the white paper does not clearly define what qualifies as exceptional. It might include volunteering or working in sectors deemed critical.

The Government claims this shift is intended to reinforce the idea that settlement should be earned over time through long-term commitment and integration. It aligns with broader efforts to tighten migration rules and reduce net migration figures. By extending the required residence period, the UK aims to ensure that only those who demonstrate sustained economic and social contribution can achieve permanent status.

By contrast, both Canada and Australia generally allow permanent residency much earlier. In Canada, skilled workers can apply for permanent residency after three years of residence through programs like Express Entry. In Australia, many skilled migrants qualify for permanent residency within four years. These shorter timelines make both countries more attractive for international talent looking for stability and long-term opportunities. The UK’s proposed ten-year requirement risks discouraging skilled individuals who might favour faster-settlement countries.

Upcoming Changes to Family Migration Rules

The Government is reviewing family migration rules with the aim of introducing a unified set of standards across all family visa categories. Right no

w, family visa rules vary by route. Appendix FM sets rules for partners, children, and parents of British citizens or settled persons. Article 8 routes follow different standards based on private life. Other discretionary cases also have separate criteria. The white paper proposes consolidating these into one framework, with standardised requirements for relationship evidence, income, accommodation, and suitability.

A particular focus is on Article 8 claims made outside the standard family routes. The Government says the current rules allow for broad interpretation of compassionate or private life cases. This sometimes leads to approvals even when applicants don’t meet the standard criteria. The proposed changes will set stricter definitions for what counts as ‘exceptional circumstances’ or ‘unjustifiably harsh consequences’. Applicants won’t be able to rely on family ties alone unless they meet the main eligibility requirements.

Another anticipated change is the alignment of documentary requirements. Currently, family applicants face varying expectations depending on the route, whether it is the need for extensive evidence of a genuine relationship, accommodation assessments, or financial documents. The Home Office intends to create uniform documentary standards for all applicants, reducing inconsistencies between different case types.

These changes will not necessarily make it easier to apply. The aim is to limit discretion and make decisions more predictable. This could make it harder to get approval in discretionary cases. Applicants with complex histories or unusual family situations may struggle under the new rules. The Government plans to formalise these proposed changes by the end of 2025, depending on the results of the consultation.

Unlawful Entry May Block Citizenship

In February 2025, the UKVI updated its good character guidance. From 10 February 2025, if you apply for British citizenship after entering the UK unlawfully—such as without valid entry clearance, by small boat, or hidden in a vehicle—officials will normally refuse your application, even if your arrival happened many years ago. This represents a significant change. Previously, unlawful entry only counted against an applicant if it took place within the ten years prior to the application.

The new guidance confirms that unlawful entry will normally result in a refusal on good character grounds unless one of the narrow exceptions applies. These include individuals who were victims of trafficking or children who were brought to the UK without choice. For most applicants, however, there is now a strict presumption against granting citizenship in cases of illegal arrival.

The guidance also underlines the importance of lawful residence under the British Nationality Act 1981. Applicants under section 6(1) must show five years of lawful residence in the UK before the date of application. Applicants under section 6(2)—usually spouses or civil partners of British citizens—must show three years. If a person entered the UK unlawfully, their residence from that point will be considered unlawful and may prevent them from meeting this requirement, even if they have lived in the UK for far longer.

Judicial Review

In response to these developments, Wilson Solicitors have issued a pre-action protocol letter in preparation for a judicial review. They argue that the February 2025 guidance breaks the UK’s duty under Article 31 of the Refugee Convention. This article protects refugees who arrive without permission but claim asylum quickly. They also argue that the policy lacks fairness and legal certainty, particularly because there is no clear path to appeal.

The Home Office has indicated that it may adjust the guidance to reflect Article 31 concerns, but the legal action is expected to continue. Until a court rules otherwise or the guidance is amended, individuals who entered the UK without permission, regardless of how long ago, face a serious risk of refusal if they apply for British citizenship.

Language skills, lawful residence, and ‘good character’ are becoming central to your ability to stay in the UK permanently. But there’s more: the final article explains the digital transformation of the UK border and new restrictions on asylum and humanitarian routes. Don’t miss Part 4 to complete your understanding of these landmark changes.

The post Staying for Good? English Language Rules and Routes to Settlement first appeared on UK VISA SUCCESS with Svitlana Shlapak.

This is the second article in our four-part series on the 2025 UK Immigration White Paper. In Part 1, we explored how the system is being reshaped around skills and the closure of the care worker route. Here, we look at the rising cost of sponsorship and major reforms to graduate and talent-focused visas. These changes will hit employers and students hard, especially those planning long-term futures in the UK.

Skilled Worker Visa

The UK Government plans to raise the Immigration Skills Charge by 32%, making it more expensive for employers to hire workers from abroad. This charge applies to every Skilled Worker visa sponsorship and must be paid annually for each worker. Large employers currently pay £1,000 per worker per year, and this will rise to £1,320. Smaller businesses and registered charities pay £364, and they will soon face a new charge of £480 per year.

The Government introduced the Immigration Skills Charge in April 2017. The aim was to encourage employers to invest in training local workers rather than relying on overseas recruitment. This fee is separate from visa application charges and can quickly add up, especially for businesses sponsoring several workers over multiple years.

Raising this charge could hit small businesses and non-profit organisations the hardest. Many employers in hospitality, social care, and construction already operate on tight budgets. If these proposals go ahead, some may stop offering sponsorship altogether, reducing job options for overseas applicants.

Graduate Visa Time Cut Short

The Government now proposes to reduce the post-study Graduate visa from two years to just 18 months. The Graduate route allows international students who complete a UK degree to stay and work without employer sponsorship. The proposed change would reduce the time they have to remain in the UK after their studies. This affects their ability to find a job or switch into a longer-term visa, such as the Skilled Worker route. For students aiming to build a career in the UK, every month matters. Cutting six months from this period could make the UK less attractive, especially as countries like Canada and Australia continue to offer generous post-study options.

How Canada and Australia Help Graduates Stay and Settle

In contrast, Canada offers international graduates a Post-Graduation Work Permit (PGWP) that lasts up to three years, depending on the length of their study programme. This permit allows full-time work with any employer, giving graduates more time and flexibility to build their careers.

Australia also provides generous options: graduates can usually stay for two to four years under the Temporary Graduate visa, with additional time for those in regional areas or holding higher qualifications. These longer post-study periods make both countries attractive destinations for international students who want to work and remain long term.

Both Canada and Australia also allow graduates to build up experience that helps them apply for permanent residence. In Canada, graduates who complete an eligible study programme and gain at least one year of skilled work experience through the PGWP can apply for permanent residence under the Canadian Experience Class stream of the Express Entry system. This route rewards Canadian work experience and gives former students a competitive edge.

In Australia, graduates use the Temporary Graduate visa to work and then apply for permanent residence through the Skilled Independent visa or the Skilled Nominated visa. These routes depend on the graduate’s occupation, work location, and total points under the General Skilled Migration system. Many students who complete their studies in Australia successfully apply to stay permanently. In contrast, the UK Graduate route does not count towards indefinite leave to remain, which may affect how students choose where to study.

Historical Development of the Graduate Route

The UK has introduced or reintroduced a post-study work route four times in the past two decades, each time reflecting shifts in political priorities and economic needs. These routes have aimed to attract international graduates, support the labour market, and maintain the UK’s competitiveness in global education.

The first scheme appeared in 2004 with the launch of the Science and Engineering Graduate Scheme (SEGS), which allowed STEM graduates to stay in the UK for 12 months. In 2007, the Government broadened access through the International Graduate Scheme (IGS), extending the opportunity to graduates across all subjects. A year later, in 2008, IGS was replaced by the Tier 1 (Post-Study Work) route, which gave graduates two years to work without sponsorship in any sector. This system remained in place until 2012, when the Government abolished it due to concerns about misuse and lack of control.

The Return of the Graduate Route and Its Future at Risk

After nearly a decade with no dedicated post-study work route, the UK reintroduced the scheme for the fourth time in 2021 under the Graduate route, allowing most international degree holders to stay for two years (or three for doctoral graduates) without employer sponsorship. This reintroduction was part of the wider Points-Based Immigration System and was intended to help the UK compete with countries like Canada and Australia.

In 2021, the UK reintroduced the post-study visa as the Graduate route under the Points-Based Immigration System, granting two years of unsponsored work permission to most graduates and three years for doctoral students. The aim was to attract global talent and make the UK a top destination for international education. Reducing the time limit now appears to be politically motivated. Ministers are likely responding to concerns over net migration figures, suggesting that some students and dependants may be using the study route as a route to long-term stay without serious employment prospects. However, there are concerns that shortening the Graduate visa risks undermining the UK’s reputation in global education and could push high-potential graduates to competitor countries.

High Potential Individual Visa

The UK Government plans to expand the High Potential Individual (HPI) route by adding more international universities to the approved list. This visa offers a strong option for recent graduates from top-ranked global institutions, as it does not require a job offer or employer sponsorship. Successful applicants can work in any sector, be employed, self-employed, or even establish a business. The visa lasts two years, or three years if the applicant holds a PhD. While the HPI visa does not currently lead directly to settlement, many visa holders use it to switch into routes like Skilled Worker or Global Talent, which do offer settlement opportunities. Between May 2022 and June 2024, around 4,500 main applicants received HPI visas, far fewer than the 200,000 Graduate visas granted during the same period. Examples of qualifying institutions include Harvard, MIT, Oxford, Stanford, ETH Zurich, University of Toronto, National University of Singapore, and the University of Melbourne. The relatively low uptake suggests that the visa’s eligibility criteria and application process remain strict despite recent efforts to broaden it.

Global Talent Visa

The Global Talent visa remains one of the UK’s most attractive immigration routes for highly skilled professionals in science, engineering, humanities, arts, and digital technology. Applicants can qualify either by securing an endorsement from a recognised body or by holding a prestigious award approved by the Home Office. The visa offers a high degree of flexibility: it does not require employer sponsorship, allows individuals to change jobs without permission, and permits freelance or self-employed work. Successful applicants endorsed under the exceptional talent category can apply for settlement after three years. Those endorsed under the exceptional promise category become eligible after five years. In recent years, this route has grown significantly in popularity. Between April 2020 and April 2023, over 17,000 individuals applied under this visa, and by the year ending September 2023, the number of grants had increased by 58% to more than 4,000. Endorsing bodies such as UKRI, Arts Council England, and Tech Nation have played a major role in the route’s development, with UKRI alone endorsing over 5,000 applicants. The Global Talent visa is now a key part of the UK’s strategy to attract and retain world-class talent.

The Innovator Founder Visa

The UKVI first introduced two major entrepreneur visas in 2013: the Start-up visa (for early-stage founders, no investment required) and the Innovator visa (for more experienced entrepreneurs with a £50,000 investment requirement). These replaced earlier routes like the Tier 1 (Entrepreneur) visa, introduced in 2008, which required £200,000 or £50,000 in qualifying investment funds, depending on the applicant’s background. Despite their purpose to attract more entrepreneurs, these routes saw limited uptake. Between 2019 and 2022, only a few hundred Innovator and Start-up visas were granted each year, and the success rates, while comparatively high in percentage, reflected low overall application numbers.

Innovator Founder Visa: Progress, Challenges, and High Entry Barriers

In April 2023, the Government launched the Innovator Founder route to simplify the system. This new visa removed the £50,000 investment requirement and merged the previous Innovator and Start-up routes. In its first year, the number of Innovator Founder visa grants rose to 494, a year-on-year increase of 88%. Another 492 Start-up visas were also granted before that route officially closed. Despite these improvements, the visa still presents difficulties. Endorsing bodies remain cautious, often requiring a proven business model, innovation, scalability, and occasionally charging high fees or demanding equity. Applicants must also meet an English language requirement at level B2, which is higher than many other UK immigration routes. Although the Innovator Founder visa offers a direct route to settlement after three years, many applicants still find it difficult to satisfy the criteria, giving this route a reputation for being one of the most demanding in the UK’s immigration system.

The UK’s talent and graduate routes are evolving—but not necessarily in favour of applicants. The next article explores a different kind of shift: stricter language rules, longer settlement timelines, and new barriers to citizenship. Head to Part 3 to see how integration and long-term residence will be redefined.

The post UK Visa Changes 2025: Who Pays and Who Stays? first appeared on UK VISA SUCCESS with Svitlana Shlapak.

Zahra had her plan: a Master’s in Birmingham, followed by two years of graduate work. Her brother Tariq, working in care in Kenya, hoped to join her under the UK’s care worker route. But in May 2025, everything changed. The UK Government published its immigration white paper that outlines proposed reforms before laws are officially drafted. White papers are not legally binding, but they signal the Government’s intentions and often lead to new legislation or changes to the Immigration Rules. This particular white paper, shaped by political pressure to reduce net migration, sets out a major overhaul of the current system. For Zahra and Tariq – and thousands of others with similar hopes – the road ahead has just become far more difficult.

This article is the first in a four-part series explaining the UK Government’s 2025 Immigration White Paper. The white paper sets out one of the most significant immigration reforms in over a decade. Because these proposals could affect thousands of individuals and families, I’ve broken them down into four clear sections to help you understand what’s changing and how it may impact you.

 What Is a White Paper—and How Did This One Take Shape?

A white paper is an important government document that spells out future policy trends but isn’t yet law. Think of it as the official draft before legislation: it invites feedback, sets the direction, and acts as a bridge between political debate and legal reform. This particular immigration white paper, Restoring Control Over the Immigration System, was developed over several months and reflects thorough discussions in both the House of Commons and House of Lords. Ministers, MPs, peers, industry leaders, and charities contributed to debates, captured in Hansard. Hansard is the official written record of everything said in Parliament on issues ranging from tech-driven border controls and care-worker shortages to refugee sponsors and Windrush compensation. The name Hansard comes from Luke Hansard, the 18th-century printer who first published the official reports of parliamentary debates.

Following these parliamentary debates, the Home Office turned proposals into a structured white paper, clearly laid out under five key principles:

1. reducing net migration,
2. linking immigration to skills
3. enforcing simpler but stricter rules
4. improving legal defences against misuse, and
5. supporting integration.

The white paper then moves into a consultation phase: feedback is gathered from professionals and the public, opportunities for revision are provided, and only then, depending on consultation findings, might some proposals be translated into changes to the Immigration Rules or guided into Parliament as legislation. Not every policy in the white paper is guaranteed to progress. Those with enough support and legal alignment are more likely to reach formal regulations; others may be dropped or modified. This staged approach ensures the final rules are both practical and legally sound – a crucial process for developments as impactful as these.

So, what exactly has the Government proposed in this white paper—and what emerged from the parliamentary discussions that shaped it?

Higher Skills Could Soon Be Required for Work Visas

Under current rules, it’s possible to apply for a Skilled Worker visa with A-level equivalent qualifications (RQF Level 3). This makes a wide range of roles eligible, including positions in hospitality, retail, and logistics. However, the Government now proposes to raise the minimum skill level to RQF Level 6, which is equivalent to a university degree. If implemented, this shift would mean that many existing jobs (such as chefs, warehouse supervisors, and support workers) would no longer meet the requirements. Employers would likely struggle to fill key roles, especially in sectors already facing staff shortages.

Short-Term Options Proposed for Lower-Skilled Roles

The white paper suggests that a limited, time-restricted route for lower-skilled roles could remain but only under strict conditions. Employers may be permitted to recruit from overseas where a role appears on the Shortage Occupation List, but only if the Migration Advisory Committee (MAC) agrees there is a long-term shortage, and only where the sector has a credible domestic workforce strategy. They must also demonstrate active efforts to train and hire UK-based staff. If approved, such roles would be capped and subject to regular review.

Examples could include fruit pickers in agriculture, certain roles in food processing, or meat hygiene inspectors, sectors historically reliant on overseas labour. These would not lead to settlement and would be tightly controlled.

This list of eligible roles is maintained under the Immigration Salary List, introduced in April 2024, which replaced the older Shortage Occupation List. While the purpose remains similar—to highlight jobs that face significant recruitment difficulties in the UK—the criteria and structure of the new list are stricter. You can view the most recent version here:
gov.uk/government/publications/immigration-salary-list

For sectors like hospitality, food production, and seasonal work, these proposals create considerable uncertainty, as continued access to overseas labour is not guaranteed.

Care Worker Route Is Closing

The white paper proposes ending new overseas recruitment for care workers. Thousands of migrants have come to the UK to train and work in social care, helping to support the country’s ageing population. In 2023, the Government issued a record 106,000 Skilled Worker visas for social care roles, making up around 75% of all health and care worker visas. However, this number dropped significantly in 2024, with just 27,174 Health and Care Worker visas granted – a sharp decline of 81% compared to the previous year.

Between April 2024 and January 2025 alone, main applicant approvals under this route fell from 115,000 to 23,200, marking one of the most dramatic reductions in recent visa trends. These figures reflect deeper issues: England’s adult social care sector reported over 131,000 vacancies in 2023–2024, with a vacancy rate of 8.3% almost twice the national average. This means that for every 100 care jobs in England, more than 8 remained unfilled during that period.

From March 2022 to March 2024, approximately 185,000 migrant workers entered care jobs in the UK. This temporary influx helped ease some of the pressure, but the demand has remained consistently high. The proposed closure of this route to new overseas applicants means only those already in the UK will be able to extend or switch until 2028. Employers and families who had relied on this route for staffing or reunification will need to look for alternative immigration routes.

This white paper marks a serious tightening of the UK’s immigration framework. But there’s more to understand—especially about costs, visas for graduates, and what’s changing for families. Continue reading Part 2 to learn how the financial and post-study visa rules are shifting.

The post 2025 UK Immigration White Paper: What’s Changing and Why first appeared on UK VISA SUCCESS with Svitlana Shlapak.

Who Is Affected by the March 2025 Changes?

The UK’s March 2025 immigration updates affect a broad group of people: visitors, students, workers, and families already in the country.

If you’re planning to visit the UK from Trinidad and Tobago, you’ll now need a visa. If you’re in the UK under the Ukraine Scheme, new conditions may affect your right to stay.

Care workers and their sponsors face updated salary thresholds. Short-term English language students will need to prove their intentions more clearly.

This article explains the key changes and helps you understand what steps you’ll need to take to stay compliant.

Visa Required for Trinidad and Tobago Nationals

From 12 March 2025, nationals of Trinidad and Tobago will need a visa to visit the UK. You can no longer enter with an Electronic Travel Authorisation (ETA). This change follows a rise in asylum claims from citizens of Trinidad and Tobago. Many of these were made at the UK border, increasing pressure on immigration staff and resources.

If you’re from Trinidad and Tobago, you’ll need to apply for a standard visitor visa before travelling. ETA applications are now closed to Trinidad and Tobago nationals.

Changes to Ukraine Schemes: Key Updates

Extending Permission to Stay

The Ukraine Permission Extension Scheme (UPE), introduced in February 2025, now covers more children who entered the UK outside the usual routes. This helps these children continue living legally with their parents. To be eligible, the child must already be in the UK and have received permission to enter before the rules allowed them to join parents with Homes for Ukraine status.

Homes for Ukraine: Sponsor Rules Now Consistent

If you’re applying under the Homes for Ukraine route, you’ll now need a confirmed sponsor to meet the new entry and eligibility requirements. The definition of ‘parent’ has also changed. Step-parents are no longer included, to bring this scheme in line with broader immigration policy.

In addition, the temporary option of switching from a travel permission letter to a residence permit after arrival in the UK has ended. All new arrivals will now need to apply for entry clearance before travelling.

Updates to the EU Settlement Scheme

If you’re part of the EU Settlement Scheme (EUSS), several changes now apply. You can use a biometric residence card that has expired by up to 18 months as proof of identity. If you do, you won’t need to provide new fingerprints.

If you’ve requested an administrative review and you’ve not left the UK, the Home Office will not remove you while that review is pending.

You can no longer sponsor an EUSS family permit if you only became an EU citizen after Brexit.

Suitability checks are also tighter now. If you’ve been involved in conduct that breaches public policy or public security (before Brexit), your application could be refused even without a deportation order.

New Rules for Short-Term English Students

If you’re planning a short English course in the UK, you’ll need to meet new requirements. You have to show that:

• You genuinely plan to study the course you’ve been accepted onto
• You’re not using the course as a route to settle in the UK
• You have enough money to support yourself and won’t work during your stay

To prove your intention, it helps to include a letter of acceptance from your school, evidence of payment or deposits for your course and proof that you’ve arranged accommodation. Bank statements should show you have funds to cover your living costs without working.

The Home Office now expects stronger, clearer evidence from short-term English language students.

Skilled Worker Visa: Updates for Care Workers

If you’re applying as a care worker or senior care worker, or you’re an employer sponsoring someone for these roles in England, the rules are changing from 9 April 2025.

There are two key updates to be aware of:

1. Salary Threshold Increase

The minimum salary floor is rising. From 9 April 2025, care workers and senior care workers will need to be paid at least £25,000 per year (or £12.82 per hour). This is an increase from the previous threshold of £23,200 per year (or £11.90 per hour), which was set in April 2024.

This new rate is designed to stay well above the National Living Wage, which is also going up in April 2025. Going rates for care roles that are based on national pay scales have also been updated.

2. New Local Recruitment Requirement

If you’re an employer in England and want to sponsor a care worker from overseas, you’ll now need to try recruiting from the existing pool of care workers already in the UK who have lost sponsorship.

Before offering a certificate of sponsorship to a new overseas recruit, you’ll have to show that:

• You’ve tried to recruit locally, including from this pool of displaced care workers.
• You’ve received written confirmation from your regional or sub-regional adult social care partnership that there were no suitable UK-based candidates available.

This new rule only applies to care jobs with work locations entirely in England. It does not apply to:

• Jobs based in Scotland, Wales or Northern Ireland
• Workers in England who were already sponsored before the changes take effect
• Applicants switching into these roles after working lawfully for the same sponsor for at least three months

3. Salary Deduction Restrictions

Employers cannot reduce the worker’s salary below the required threshold by deducting things like accommodation or sponsorship-related costs — unless this is specifically allowed by law. This change closes loopholes that previously allowed applicants to subsidise their own pay by investing in their sponsor’s business or covering expenses that should be the employer’s responsibility.

These updates are part of the Home Office’s plan to protect migrant workers, prevent exploitation, and ensure that the care sector in England is staffed by fairly paid and lawfully sponsored professionals.

Permit Free Festivals: Updated List

If you’re an artist or performer coming to the UK, the updated Permit Free Festival list for 2025 may help. Performers at these events can now receive payment without needing a work visa.

The list includes major festivals like Glastonbury, Boomtown, Wireless, Latitude, and Reading, among others. New names are added each year, so it’s worth checking the current list before making travel or performance plans.

You’ll still need the correct visa to enter the UK, but for these events, no work visa is required to be paid.

Electronic Travel Authorisation (ETA) Updates

There are two main ETA changes.

First, children under 18 who study in France can now travel to the UK as part of an organised school trip without needing an ETA — but only if they travel in a group of five or more.

Second, British Nationals (Overseas) are now exempt from the ETA requirement. This is especially relevant for people living in Hong Kong with this status.

These changes simplify travel for thousands of people and reduce administrative delays.

Safeguarding and Child Student Visas

Children applying to study in the UK under the Child Student visa route now face stricter safeguarding checks.

If a child will be living with a nominated guardian, that person must:

• Be a British citizen or have settled status
• Have no serious criminal convictions
• Not live with anyone who has a serious criminal record

The Home Office will refuse the child’s application if the nominated guardian or anyone in their household has received a prison sentence of 12 months or more. Convictions may also result in refusal, depending on the circumstances.

These updates are designed to protect young international students and give peace of mind to their families.

Administrative Reviews: Stricter Validity Rules

If your visa application is refused and you plan to challenge the decision, be aware of new rules for administrative reviews.

You can no longer:

• Apply for a review from outside the UK if your application was made while you were in the UK
• Submit a review of a decision if you’ve already made a new application since that decision

These changes aim to reduce delays and stop people from submitting multiple overlapping applications, which can slow down the decision-making process for everyone.

What These Changes Mean for You

The March 2025 updates to UK Immigration Rules will affect thousands of people in different ways from visitors and students to care workers, families, and performing artists.

If you’re planning to visit, live, work, or study in the UK, make sure you understand the new requirements that apply to your situation. Some rules are now stricter, and others follow clearer, more straightforward procedures.

By staying informed and preparing your application carefully, you’ll improve your chances of success and avoid unnecessary delays or refusals.

The post 2025 UK Immigration Changes: What You Need to Know first appeared on UK VISA SUCCESS with Svitlana Shlapak.

John is a Skilled Worker in the UK. His son Stephen is 15 years old. He lives abroad and wants to join John in the UK as a dependent child of a Skilled Worker. Stephen’s mother, Gwen, separated from John when Stephen was only 5 years old. After separation, Stephen continued living with his father. Although they are still officially married, Gwen has not seen Stephen for many years. She did not play any role in the child’s upbringing.

Will Stephen encounter any challenges when making such an application?

This topic involves discussion of many elements. For your ease of reference, I have divided this article into two parts. This is part 2 of 2. You can read part one HERE.

What is NOT Sole Parental Responsibility

• sole parental responsibility is not the same as legal custody
• significant or even exclusive financial provision for a child does not in itself demonstrate sole parental responsibility
• sole parental responsibility can be recent or long-standing. However, the Home Office will scrutinise any recent change of arrangements to make sure this is genuine and not an attempt to circumvent immigration control.

Care of Other Adults

The Home recognises that it is unrealistic for a child to have contact with no other adult other than the parent exercising sole responsibility. They do accept that the child will have contact with other adults, including relatives, and that these are likely to include some element of care towards the child. For example, John’s relatives could have taken Stephen to and from school.

Also, actions of this kind that include looking after the child’s welfare may be shared with others who are not parents, for example, relatives or friends, who are available in a practical sense. However, John will need to prove that he was the one with the overall responsibility for Stephen’s welfare.

In other words, the Home Office will not be considering whether John has day-to-day responsibility for Stephen. They will be assessing if John has continuing sole control and direction of the child’s upbringing, including making all the important decisions in his life.

The burden of proof is on John. He will need to provide satisfactory evidence. Sometimes, the Home Office may even decide to interview John to establish whether they have sole responsibility for the child. Also, they may want to talk to Gwen to check per perspective. However, John will need to consent to this.

Documents Proving Sole Responsibility

Let’s start with the obvious documents:

• Stephen’s birth certificate;
• Certificate of divorce or dissolution.
• Documents confirming that Stephen’s mother no longer has parental responsibility for Stephan (if they have such a document). This can be a death certificate, court order/letter, or another official document.
• Documents proving that John has and continues to make important decisions regarding Stephen’s upbringing of their child. This is most likely to be from Stephen’s school.

They may also consider submitting additional documents, such as:

• A statement from a relative or friend who was temporarily looking after Stephen where the person confirms that the person can no longer do this;
• Communication from John confirming when/how who made significant decisions in Stephen’s life. For example, when he applied to a certain school on Stephen’s behalf;
• Money transfer slips confirming that John has been fully supporting Stephen;
• Letters from documents, social carers or other people who were involved in Stephen’s life;
• proof of continued contact such as records of visits (plane tickets), print-outs of messages from Facebook, WhatsApp, etc;
• a statement from John explaining his involvement in Stephen’s life. If he did not make an application for Stephen to join him before, it would help if he explains why he didn’t bring Stephen to the UK earlier;
• pictures taken at important family events (e.g. birthdays, Christmas, Easter, New Year, trips abroad, etc).

Conclusion

You should be aware that the threshold for these types of cases is very high. It is not enough to confirm that the parties wish for the child to live in the UK with the UK-based parent.

The Home Office guidance states:

Where both parents are involved in the child’s upbringing, it will be rare for one parent to establish sole parental responsibility.

Proving that a UK-based parent has sole responsibility for a child is a significant challenge. Even in cases where a parent has a foreign court order confirming that a UK-based parent has legal custody of the child, the Home Office may still refuse the application.

The ultimate test will be whether John has provided enough evidence to prove that the refusal of Stephan’s application (and their subsequent separation as a result) will affect the child in a way that can be considered as ‘serious and compelling’ circumstances. Therefore, it is of crucial importance to gather a number of very strong objective pieces of evidence to prove the parent and the child meet the test.

Click HERE to read part 1 of this article.

The post Children in UK Work Visa Routes first appeared on UK VISA SUCCESS with Svitlana Shlapak.

John is a Skilled Worker in the UK. His son, Stephen, is 15 years old. He lives abroad and wants to join John in the UK as a dependent child of a Skilled Worker. Stephen’s mother, Gwen, separated from John when Stephen was only 5 years old. After separation, Stephen continued living with his father. Although they are still officially married, Gwen has not seen Stephen for many years. She did not play any role in the child’s upbringing.

Will Stephen encounter any challenges when making such an application?

This topic involves discussion of many elements. For your ease of reference, I have divided this article into two parts. This is part 1 of 2. You can read part two HERE.

Three Requirements

Generally, the rules allow dependent partners and children to join a Skilled Worker in the UK. To succeed in such an application, Stephen will need to meet the following 3 requirements:

1. Age and Independent Life Requirement
2. Care Requirement
3. Relationship Requirement

Age and Independent Life Requirement

First of all, if applying outside the UK, Stephen needs to be under 18.

However, a child may be over 18 on the date of application if they were last granted permission as the dependent child of their parent.

Also, Stephen needs to prove that he is not leading an independent life.

According to the Home Office rules, this means:

1. living with their parents (except where they are at boarding school, college or university as part of their full-time education)
2. is not employed full-time (unless aged 18 years or over)
3. is wholly or mainly dependent upon their parents for financial support (unless aged 18 years or above), and
4. is wholly or mainly dependent upon their parents for emotional support.

Care Requirement

Once the above requirement is satisfied, the next step will be for Stephen and his father to prove that they meet the care requirement. In other words, John needs to demonstrate that he has suitable arrangements for the child’s care and accommodation in the UK that comply with relevant UK law. This means that Stephen will need to have exclusive use of the property and that there are sufficient rooms for the family to live in.

The Relationship Requirement

This is the most challenging aspect of Stephen’s application. This is because, in addition to proving that Stephen is John’s child and intends to join John, who is in the UK as a Skilled Worker, they’ll generally need to show that the second parent is either in the UK already (not as a visitor) or is applying with the child at the same time.

There are 3 exceptions to this rule:

1. The Skilled Worker parent is the sole surviving parent or has sole responsibility for the child’s upbringing; or
2. The second parent, who does not have permission:
   • is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
   • lives, or intends to live, in the UK; or
3. there are serious and compelling reasons to grant the child’s visa application.

In our case scenario, the 3^rd exception applies.

Common Misconception

Most parents assume that if one parent travels to the UK and the other stays behind, the child should be automatically allowed to join the one who intends to live in the UK. Sadly, this is not the case.

In these case scenarios, the UKVI will only allow for the child to join his parent in the UK if they can prove serious and compelling reasons for a child to do so.

Why is it so hard for the child to join the parent in the UK in these circumstances? The Home Office is concerned that children will become a burden on the UK education system. They have introduced the ‘serious compelling reasons’ test to deter applicants like Stephen and John from using the UK solely to obtain free education and to access the social security system.

Serious and Compelling Reasons

Proving serious compelling reasons is not a straightforward matter. John and Stephen will need to gather strong, objective evidence to demonstrate that these reasons exist.

They can do so proving that if the Home Office does not grant the application, Stephen will be separated (excluded) from John and that such an exclusion will be detrimental to Stephen’s wellbeing.

 Exclusion Undesirable

When making an assessment, the decision-maker will focus on the circumstances of the child’s life, age, and social background. They’ll check if there was evidence of neglect or abuse, which is, most likely, not relevant in John’s and Stephen’s case. Also, whether there are unmet needs that should be catered to and if there are stable arrangements for the child’s physical care.

This is a highly fact-sensitive matter and will all depend on the family’s circumstances and the evidence provided to prove them. It doesn’t cover situations where it is more ‘convenient’ or it is simply the ‘desire’ of both parents for their child to move to the UK.

The Best Interest of the Child

Section 55 of the Borders, Citizenship and Immigration Act 2009 is a very powerful section which places an obligation (a statutory duty, in fact) on the decision-maker to assess and take into account the need to safeguard and promote the welfare of children. However, this section does not apply to children who are outside the UK.

Sole Responsibility

Another valid argument will be that John has sole parental responsibility for Stephen.

In almost all cases, the UKVI should agree that it will be in the child’s best interests to live with their UK-based parent.

According to the UKVI’s guidance, ‘sole parental responsibility’ means that one parent has abdicated or abandoned parental responsibility, and the remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare.

If the child intends to live with a carer or a relative as a result of the Skilled Worker moving to the UK and the other parent cannot or does not want to provide care, then it will be a very strong argument for the child to be admitted to the UK.

Factors to Consider with Sole Responsibility Cases

In very simple terms, the sole responsibility test consists of three main parts:

1. legal responsibility (i.e. legal custody of the child);
2. financial responsibility; and
3. emotional responsibility.

When assessing this, the Home Office consider many factors, including (but not limited to) the following:

• who made major decisions in relation to Stephen’s upbringing
• was this done with Gwen’s input?
• was John responsible for Stephen’s welfare and for what happens to him in key areas of his life, and that Gwen does not share this responsibility for the child
• does John have exclusive responsibility for:
  • making decisions regarding Stephen’s education, health and medical treatment, religion, residence, holidays, mode of dress and recreation;
  • protecting Stephen and providing him with appropriate direction and guidance
• where has Stephen been residing before making an application
• who makes legal representation on Stephen’s behalf?
• did Stephen have sole responsibility for a substantial amount of time?

click HERE to continue reading part 2.

The post Dependent Children in UK Work Visa Routes first appeared on UK VISA SUCCESS with Svitlana Shlapak.

Applying as a dependant of a Skilled Worker in the UK can seem daunting. However, with the right information and a clear understanding of the process, you can ensure your application is both successful and stress-free. This guide is designed to provide you with a straightforward approach to applying as either a partner or child of a Skilled Worker.

Applying Online

Your journey begins with the online application. Depending on your current location, the form you’ll need to complete varies:

• Outside the UK: Choose the ‘Dependant partner visa’ or ‘Dependant child visa’ forms.
• Inside the UK: Select ‘Dependant partner’ or ‘Dependant child’.

Key Steps for a Valid Application

To ensure your application progresses without hitches, follow these essential steps:

1. Fee Payment. Settle any application fees along with the Immigration Health Charge.
2. Biometrics Submission: Provide the necessary biometric information.
3. Identity and Nationality Proof: A valid passport or similar document is needed to verify your identity and nationality.

Eligibility Criteria

Your eligibility is primarily dependent on your relationship with the Skilled Worker. The Skilled Worker in question should either be in the midst of their visa process, currently hold a visa, or have previously been granted permission and is now settled or a British citizen. For partners, it’s important to note that you must be at least 18 years of age when applying.

Special Conditions for Applicants Within the UK

If you’re applying from within the UK, there are specific conditions to be aware of. You cannot be on a visa as a Visitor, Short-term student, Parent of a Child Student, Seasonal Worker, or Domestic Worker in a Private Household. Students looking to change their status to a dependant must meet additional criteria related to their course completion and current study status.

Consequences of Incomplete Applications

An application failing to meet these requirements risks being rejected. It’s vital to double-check all details and ensure compliance with the criteria to avoid unnecessary delays or rejection.

By breaking down the application process into manageable steps and understanding the eligibility criteria, you can confidently navigate your way to joining or staying with your loved one in the UK under the Skilled Worker route.

Navigating Suitability Requirements for Dependants of Skilled Workers

When you’re looking to stay in the UK as a dependant of a Skilled Worker, there are also specific suitability requirements you need to meet to ensure your application is successful. This section helps you understand these requirements clearly, allowing you to prepare your application without overlooking crucial details.

Avoiding Grounds for Refusal

Your first step is to ensure that you don’t fall under any grounds for refusal as outlined in Part 9 of the Immigration Rules. This means your application should not contain any details or history that could lead to automatic refusal. Paying attention to your immigration history and ensuring it aligns with the UK’s immigration policies is vital.

Staying Within the Law

If you’re applying from within the UK, your immigration status plays a significant role in your application’s success. Specifically, you should not be:

• In breach of immigration laws: Your stay in the UK must be lawful, and you should not have overstayed your visa. However, if you have overstayed under circumstances covered by paragraph 39E, this period of overstaying may be disregarded, offering a bit of leniency under specific conditions.
• On immigration bail: Being on immigration bail indicates unresolved issues with your immigration status and could negatively impact your application.

Meeting these suitability requirements is crucial for a smooth application process as a dependant partner or child of a Skilled Worker. Ensuring that you align with these guidelines will help avoid delays or refusal, bringing you one step closer to securing your stay in the UK alongside your loved one.

Understanding Eligibility for Dependants of Skilled Workers in the UK

When planning to join a loved one in the UK as their dependant, there are specific eligibility requirements you need to meet. These requirements ensure that dependant partners and children align with the UK’s immigration rules. Let’s break down what you need to know to make your application process as smooth as possible.

Entry Clearance Requirement

The first step in your journey is to secure entry clearance before arriving in the UK. Whether you’re a partner or a child of a Skilled Worker, obtaining this clearance is mandatory. This means you’ll need to apply for and receive confirmation that you’re allowed to enter the UK as a dependant. Doing so ensures that your entry into the UK is lawful and sets a solid foundation for your stay.

Tuberculosis Screening

Health is a significant concern, and the UK takes steps to ensure that those entering do not pose a public health risk. If you’re from a country where tuberculosis (TB) screening is required (you can find this list in the Appendix Tuberculosis of the immigration rules), you need to undergo screening for active pulmonary tuberculosis.

Here’s what you need to do:

• Get Screened: Before applying for your visa, undergo TB screening at a clinic approved by the UK Home Office.
• Submit a Medical Certificate: Along with your visa application, provide a valid medical certificate confirming that you’ve been screened for TB and that it is not present. This certificate is a crucial part of your application and must be submitted to meet the health requirement.

Meeting Relationship Requirements for Dependants of Skilled Workers in the UK

Joining a loved one in the UK as a dependant of a Skilled Worker requires meeting specific relationship criteria. These criteria differ slightly depending on whether you’re applying as a partner or a child. Let’s explore what you need to know to navigate these requirements successfully.

For Dependant Partners

If you’re aiming to join your partner in the UK, your relationship needs to fit one of the following scenarios:

1. Your Partner Holds a Skilled Worker Visa: This is straightforward—if your partner is already in the UK on a Skilled Worker visa, you can apply as their dependant partner.
2. Joint Applications: If your partner is applying for a Skilled Worker visa, you can also apply as their dependant at the same time. Both applications should be successful if you meet the requirements.
3. Settled or British Partners: If your partner has settled in the UK or become a British citizen after being on a Skilled Worker visa, you can apply provided you were already their dependant partner at the time they settled.

Additionally, your relationship have to meet the standards set in the Appendix Relationship with Partner. This usually means proving that your relationship is genuine and that you intend to live together in the UK.

For Dependant Children

Children looking to join their parent(s) in the UK must satisfy specific criteria outlined in Appendix Children, which include:

• Relationship Requirement: The child must be related to the Skilled Worker or their partner in a way that meets the UK’s immigration requirements for dependant children.
• Care Requirement: There must be evidence that the child is properly cared for and that their move to the UK will not adversely affect this care.
• Age and Independent Life Requirement: The child has to be under 18 and not leading an independent life. This means they should not be married, in a civil partnership, or have formed an independent family unit.

The Financial Requirement for Dependants of Skilled Workers

If you’re planning to join or remain with a Skilled Worker in the UK as their dependant partner or child, understanding the financial requirements is crucial. These rules ensure that dependants have sufficient support during their stay in the UK. Here’s a breakdown of what you need to know.

Long-term Residents

For those who have been living in the UK for 12 months or longer with permission, the process is straightforward:

• You automatically meet the financial requirement and do not need to provide evidence of funds. This simplifies your application process significantly.

New Entrants or Short-term Residents

If you’re applying for entry clearance or have been in the UK for less than 12 months, the rules differ:

• You have to show access to funds of specific amounts, which the Skilled Worker, or another parent (in the case of a dependent child) who is lawfully in the UK or applying simultaneously need to have.

Alternatively, the Skilled Worker’s A-rated sponsor can pledge to support you financially.

Required Funds

The amount you need to have access to depends on your relationship to the Skilled Worker:

• Dependent Partner: £285
• First Dependent Child: £315
• Any Additional Dependent Child: £200

These funds are essential for ensuring you can comfortably start or continue your life in the UK without immediate financial stress.

Additional Financial Details

Combining Funds: If relying on collective funds, remember that the amount for the dependant(s) is in addition to any funds the Skilled Worker needs to meet their own financial requirement.

28-Day Rule: The funds must have been in the account(s) for at least 28 days before applying, as outlined in Appendix Finance. This period demonstrates financial stability.

Criminal Record Certificate for Dependant Partners

If you’re applying as a dependant partner of a Skilled Worker sponsored for one of these jobs:

1181 Health services and public health managers and directors

• 1184 Social services managers and directors
• 1241 Health care practice managers
• 1242 Residential, day and domiciliary care managers and proprietors
• 2211 Medical practitioners
• 2212 Psychologists
• 2213 Pharmacists
• 2214 Ophthalmic opticians
• 2215 Dental practitioners
• 2217 Medical radiographers
• 2218 Podiatrists
• 2219 Health professionals not elsewhere classified
• 2221 Physiotherapists
• 2222 Occupational therapists
• 2223 Speech and language therapists
• 2229 Therapy professionals not elsewhere classified

and

• 2231 Nurses
• 2232 Midwives
• 2312 Further education teaching professionals
• 2314 Secondary education teaching professionals
• 2315 Primary and nursery education teaching professionals
• 2316 Special needs education teaching professionals
• 2317 Senior professionals of educational establishments
• 2318 Education advisers and school inspectors
• 2319 Teaching and other educational professionals not elsewhere classified
• 2442 Social workers
• 2443 Probation officers
• 2449 Welfare professionals not elsewhere classified
• 3213 Paramedics
• 3216 Dispensing opticians
• 3217 Pharmaceutical technicians
• 3218 Medical and dental technicians
• 3219 Health associate professionals not elsewhere classified
• 3231 Youth and community workers
• 3234 Housing officers
• 3235 Counsellors
• 3239 Welfare and housing associate professionals not elsewhere classified
• 3443 Fitness instructors
• 3562 Human resources and industrial relations officers
• 6121 Nursery nurses and assistants
• 6122 Childminders and related occupations
• 6123 Playworkers
• 6125 Teaching assistants
• 6126 Educational support assistants
• 6141 Nursing auxiliaries and assistants
• 6143 Dental nurses
• 6144 Houseparents and residential wardens
• 6145 Care workers and home carers
• 6146 Senior care workers

You’ll have to provide a criminal record certificate. This requirement applies to countries where you’ve lived for 12 months or more, in total or continuously, within the last 10 years, starting from the date of your application, and when you were 18 or over. However, if obtaining such a certificate is not reasonably practicable, providing a satisfactory explanation may exempt you from this requirement.

Decision Making Process

Your application will undergo a thorough review process:

Approval: If you meet all the suitability and eligibility requirements, the UKVI will approve your application as a dependent partner or child.

Refusal: Failing to meet the criteria results in refusal, but you have the option to apply for an Administrative Review under Appendix AR if you believe there’s been an error in the decision.

Period and Conditions of Grant

The duration and conditions of your stay are tailored to ensure alignment with the main Skilled Worker visa holder’s status:

Dependent Partner:

• You will receive permission that aligns with your partner’s visa expiry date, or
• A 3-year permission if your partner is being granted settlement.

Dependent Child:

• Permission ends on the same date as the parent with the earliest visa expiry;
• Grant a 3-year permission unless both parents are settling or have become British citizens.

Conditions of Your Stay

include:

No Public Funds: You cannot access public funding.

Work Rights: You can engage in employment, including self-employment and voluntary work, except as a professional sportsperson or coach.

Study Rights: You may study, but you need to meet additional requirements if you are over 18 and your course requires an Academic Technology Approval Scheme (ATAS) certificate.

The post UK Skilled Worker Dependant Visa: Essential Guide first appeared on UK VISA SUCCESS with Svitlana Shlapak.

There are over 85 UK visa types. To help you understand various UK immigration routes, I’ve divided these visa types into six main categories.

There are visas for:

1. Visiting the UK
2. Studying in the UK
3. Working in the UK:
   1. Long-term UK work visas
   2. Short-term UK work visas
   3. Investor, business, and talent routes
   4. Other work-related routes
4. Joining family members in the UK:
   1. General rules
   2. Family members in work routes
   3. Family members of those who are settled in the UK
5. EU, EEA, and Swiss citizens
6. Protecting citizens

This article is a part of the ‘UK Immigration and All UK Visa Types in 2022’ article series. You can get all the links to articles and videos from this series HERE.

In this article, I’ll explain the general rules about all dependants. Then, in the next article, I’ll concentrate on the rights of dependent family members in work routes to join their loved ones in the UK. In article No3 I’ll elaborate on the rules for family members of British citizens and those settled in the UK.

Who Can Apply as a Dependant?

In the majority of cases, only partners and children can apply.

Children

According to Immigration rules, ‘child’ means a person under the age of 18 at the time of making their 1^st application.

Children over 18 can only apply if:

• they are making an application for permission as a dependant of their parent or parents, having last held permission as a dependant of the main applicant. The Home Office calls the main applicant: ‘lead applicants’.
• they are not leading an independent life after the Home Office granted their first visa application.

Also, for children to qualify, they’ll need to prove that they do not lead an independent life and are dependent (financially and emotionally) on a lead applicant.

Child Leading an Independent Life

What does this mean?

Although it may help, there is no requirement for partners and dependent children to apply at the same time.

When children are over 16, they’ll need to prove that they are still dependent on the lead applicant or their dependent partner when applying.

In other words they:

(a) do not have a partner; and

(b) are living with their parent (except where they are at boarding school, college or university as part of their full-time education); and

(c) are not in full-time employment; and

(d) are wholly or mainly dependent upon their parent for financial support; and

(e) are wholly or mainly dependent upon their parent for emotional support.

How can you prove this?

Usually, the Home Office will accept the following documents:

• bank or building society statement (which may show funds that their parent is providing to support them)
• credit card bills
• NHS registration document
• an official letter from their current school, college, or university that confirms their address

Suppose you are not living with the family because you are attending school, college, or university. In that case, the Home Office will usually want to see more evidence confirming that you are not leading an independent life.

So, if you live at a separate address, you will need to provide confirmation that it is due to you studying elsewhere.

Evidence of this can include:

• official confirmation of your studies from school, college, or university
• evidence that your parents are financially supporting you up to the point of applying (for example, evidence covering 3 months before the application).

Partners

In the definition of ‘partners’, the Home Office included the following categories:

• Spouses
• civil partners
• partners who are not married or in a civil partnership. However, in these cases, the UKVI will usually expect the applicants to prove that they have lived together, under the same roof, for at least 2 years.

They all have to be over 18 to qualify.

Children from Previous Relationships

The term ‘parent’ includes:

(a) the stepfather of a child whose father is dead, and reference to stepfather includes a relationship arising through civil partnership; and

(b) the stepmother of a child whose mother is dead, and reference to

stepmother includes a relationship arising through civil partnership; and

(c) the father, as well as the mother, of an illegitimate child where the person is proved to be the father; and

(d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK;

(e) in the case of a child born in the UK who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parents’ inability to care for the child.

Biometrics and Immigration Health Surcharge for Children

All family members will need to pay the fee for visa application, Immigration Health Surcharge, and provide their biometrics.

Children under the age of 6 only need to provide their photos only. Those, between 6 and 16 will need to provide their photographs and fingerprints. Children over 16 will also need to sign their visa applications.

Children under 18 will need to pay Immigration Health Surcharge at the reduced rate of £470 per year (the full rate is £624 per year).

How to Prove Your Relationship with the Lead Application

If you are married or formed a civil partnership, your marriage or civil partnership certificate should be enough to demonstrate proof of the relationship. It is provided these documents are recognised in the country where marriage or civil partnership took place.

Partners in Durable Relationship

It gets trickier with partners in a durable relationship. To succeed in your application, you’ll need to provide evidence confirming that you have lived together for at least 2 years before the date of the application. The documents, which you may submit with the application to prove this, may include, but are not limited to:

• bank/building society statements, council tax, or utility bills
• residential mortgage statements or tenancy agreements
• official correspondence or documents that link the lead applicant and their partner and show they are living at the same address

You will need to complete a 2-year period before the date of the application.

Exceptions to these general rules are possible. However, you’ll need to gather solid evidence to prove that:

• it was not reasonably possible for the other partner to accompany or join the lead applicant, and
• also you’ll need to provide evidence confirming that the relationship continued throughout the period of separation, after the departure of the lead applicant to the UK. For example, you provide documents confirming that you visited each other regularly. Also, you can submit letters, logged phone calls, shared financial accounts, etc.

Parental Relationship

The documents, which will prove that the main applicant is your parent, include:

• a full birth certificate, which includes the names of both parents
• a court order such as a special guardianship order
• a government-issued household registration certificate

The Home Office does not accept affidavits as these are only evidence someone has made a sworn statement regarding a claimed relationship, and not evidence of that relationship by themselves.

Financial Requirements

If the immigration route of the main applicant permits the dependants to join them, you’ll need to provide documents confirming that you meet the financial requirement.

There are several exceptions to this general rule:

1. you don’t need to prove that you meet the financial requirement if you are applying for permission to stay and have been living in the UK with permission for 12 months or longer on the date of application;
2. if the route requires evidence of adequate maintenance and accommodation for the lead applicant (for example, Representative of an Overseas Business and UK Ancestry).
3. Finally, the last exception is when the lead applicant is in the UK on Temporary Worker routes, the Intra-Company routes, the T2 Minister of Religion route, the International Sportsperson route, and the Skilled Worker route, the sponsors can confirm financial support instead of the lead applicant.

If these exceptions don’t apply, you’ll need to have:

• £285 for a dependent partner
• £315 for the first dependent child
• £200 for any other dependent child

Funds have to be in the lead applicant’s account for at least 28 days

The post General Rules for Family Members Travelling to the UK first appeared on UK VISA SUCCESS with Svitlana Shlapak.

Due to the size and the complexity of the Article 8 area, I’ve divided this article into 5 parts.

Below is the summary of what I’ll cover in each part:

Part 1:

What is Article 8

Taxpayer’s Interests

The 5-year and the 10-year Routes

Article 8 for Visitors

What Happens when the Home Office Receives Your Visa Application?

Paragraph EX.1.

Part 2:

Parental Relationship with a Child

The Child’s 7 Years of Residence in the UK

Is there a Genuine and Subsisting Parental Relationship?

Is it Reasonable for the Child to Leave the UK?

Strategical Considerations

Part 3:

Is there a Genuine and Subsisting Relationship with a Partner

Insurmountable Obstacles

What Does Not Help

What May Help

Part 4:

Article 8 Exceptional Circumstances

The Minimum Income Requirement

Other Sources of Income, Financial Support or Funds in Exceptional Circumstances

There are Strings Attached

The Genuineness, Credibility and Reliability

Part 5:

The Best Interests of a Child

How the Home Office considers the Best Interests of a Child:

• Generally
• Where the child is resident overseas
• when the child resides in the UK
• Where there are Family Court orders

No Recourse to Public Funds

Coronavirus (COVID-19) Concessions

This is part 5.

The Best Interests of a Child

The Home Office will dig for Article 8 grounds in cases where the interests of children are involved – either directly or indirectly.

In the Supreme Court judgment in MM (Lebanon) & Others, the court asked that Appendix FM give ‘direct effect’ to the Secretary of State’s existing duties under section 55 of the Borders, Citizenship and Immigration Act 2009 and Article 3 of UN Convention on the Rights of the Child, to take into account, as a primary consideration, the best interests of a child affected by an immigration decision.

How the Home Office considers the Best Interests of a Child

The Home Office encourages the decision-makers to assess how the child’s overall well-being will be affected by the decision. They emphasise that they should not blame the childfor any failure by their parent(s) to comply with UK immigration controls.

The following is a non-exhaustive list of factors that may be relevant:

• whether their parent or parents is (are) expected to remain outside or to leave the UK
• the age of the child at the date of application
• the child’s nationality, with particular importance to British citizenship where the child has this
• the child’s current country of residence and length of residence there
• the family circumstances in which the child is living
• the physical circumstances in which the child is living
• the child’s relationships with their parent or parents overseas and in the UK
• how long the child has been in education and what stage their education has reached
• the child’s health
• the child’s connection with the country outside the UK in which their parents are, or one of their parents is, currently living or where the child is likely to live if their parents leave the UK
• the extent to which the decision will interfere with, or impact on the child’s family or private life

Where the child is resident overseas, additional relevant factors will include:

• the reasons for the child being overseas
• where the child is a child of a previous relationship of the applicant or their partner: did the applicant show that s/he or their partner have sole parental responsibility for the child? Has the child’s other parent consented to the child’s relocation to the UK, and was it in the child’s best interest?
• whether the child has siblings under the age of 18 overseas or in the UK, and their age and nationality
• where the child or those siblings were born in the UK
• whether the child has previously visited or lived in the UK

Where the child is resident in the UK, additional relevant factors will include:

• how renewable the child’s connection is with the country outside the UK in which their parents are, or one of their parents is, currently living
• whether (and, if so, to what extent) the child will have linguistic, medical or other difficulties in adapting to life in that country
• whether there are any factors affecting the child’s well-being that can only be alleviated by the presence of the applicant in the UK
• what effective and material contribution the applicant’s presence in the UK would make to safeguarding and promoting the child’s well-being. Is this significant in nature?

For example, support during or following a major medical procedure, especially if this is likely to lead to a permanent change in the child’s life where there is no other family member in the UK able to care for the child and the applicant’s presence in the UK will form part of achieving a durable solution for the child that is in their best interests.

On the other hand, support for the child in the UK during exams is unlikely to be sufficient. Unless there are additional factors in the child’s circumstances requiring a clear contribution and support from the applicant.

The Home Office says that the factors have to be substantive and compelling.

What about Court Orders?

Issued by the Family Court in the UK? The UKVI suggests to its decision-makers that they have to be considered but should not be determinative of the immigration decision. Family orders, such as contact, care, ward of the court and residence orders, do not limit the exercise of the Secretary of State’s powers with respect to immigration control.

No Recourse to Public Funds

If the Home Office does agree that there are exceptional circumstances that would render refusal a breach of ECHR Article 8, they’ll allow the application. However, as you already know, they’ll switch you from a 5-year route to settlement to a 10-year one. Also, as will all standard cases, the UKVI will impose a ‘no recourse to public funds on your stay in the UK.

If you are unable to meet Appendix FM requirements and are trying to prove Article 8 exceptional circumstances and if you know that you’ll not be able to live without relying on public funds – you need to state so in the application. If you don’t and later claim benefits with ‘with no recourse to public funds’ condition imposed on your stay – you’ll be committing an immigration offence.

In other words, you’ll need to provide documents confirming that you are destitute. Also, if it applies, there are particularly compelling reasons relating to the welfare of a child of a parent in receipt of a very low income.

It will help to submit as many documents as possible confirming the existence of exceptional circumstances relating to your financial circumstances. It will always help if you elaborate on the reasons in your letter in support of the application.

What does ‘Destitute’ Mean?

A person is destitute if:

• they do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met)
• they have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs

A person is at imminent risk of destitution if:

• at the time the application is received, they have accommodation and can meet their essential living needs. However, there are reasons why these are unlikely to continue beyond 3 months from the date of application.

Coronavirus (COVID-19) Concessions

The pandemic may have caused disruption to travel plans, causing breaks in continuous lawful immigration status/residence requirements. It might have affected your ability to meet the requirements for settlement.

Visitors

For this reason, the Home Office introduced certain concessions. For example, you may request them to exercise discretion to allow you to start, stay on (extend – apply for further leave) or complete a route to the settlement despite being in the UK as a visitor or with leave of six months or less, in-country or overseas for a short period without leave. You’ll need to provide that you were not able to travel or apply due to COVID-19 between March and 31 August 2020.

However, despite the original rule, some visitors could still make their applications from the UK after 31 August 2020, and it was allowed on a case by case basis until 30 June 2021. Usually, the Home Office allowed this where applicants could provide documents confirming that their visa application was urgent or that they could not apply from outside the UK as a result of COVID-19 on that date.

Fiancé and Fiancée

If a person was in the UK with 6 months’ leave as a fiancé, fiancée or proposed civil partner and their wedding or civil ceremony had been delayed due to coronavirus, they may have been granted additional time to stay. The UKVI called it ‘exceptional assurance’. Any period of stay under such exceptional assurance extended the same conditions as their initial leave granted under this route. The exceptional assurance policy ended on 31 October 2021.

If a person is here with 6 months’ leave as a fiancé, fiancée or proposed civil partner, the current family Immigration Rules allow them to apply for an extension of their visa. It is provided they can prove that there is good reason for their wedding or civil partnership not taking place during the initial 6 month period of leave to enter. For example, the cancellation of a wedding or civil partnership ceremony due to COVID-19 is a good reason under this policy.

1 March 2020 and 19 July 2021

The Home Office encouraged their decision-makers to disregard a short period of time spent overseas up to 6 months between 1 March 2020 and 19 July 2021 where leave to enter or remain expired and an applicant could not return to the UK to renew their leave due to COVID-19. However, all applicants needed to provide documents confirming that they made their next visa application as soon as practicable.

Also, the UKVI recognises that the break-in continuous residence may be because a Visa Application Centre was closed or inaccessible. It is provided, as a result the applicant could not apply for further leave to enter – where they should have been applying for leave to remain, or the applicant returned to the UK as a visitor or following a visa waiver or carrier waiver in order to complete an application for further leave once back in the UK.

Also, rather unprecedently, some applicants could make their indefinite leave to remain (settlement) applications outside the UK.

Generally, you may claim to rely on Covid exemption for the period between 1 March 2020 and 30 June 2021, provided you can explain how the pandemic affected you.

The post Article 8 and Exceptional Circumstances in Family Life (part 5 of 5) first appeared on UK VISA SUCCESS with Svitlana Shlapak.