In this article Blair Melville debunks 5 common myths around visa applications.
1.You can only make a Visa application from your country of origin
a. FALSE - While this is true for settlement applications, applicants seeking a Transit or Visit Visa or an EEA Family Permit can make an application in any country offering a UK Visit visa service.
2. You cannot travel while your Visa application is being processed.
a. FALSE -While this is largely true, if you are applying for an EEA Registration Document or EEA Residence Document you can request return of your passport which would enable you to travel while the application is being determined. Unfortunately, in non EEA cases the Home Office will retain your passport whilst your application is being processed, this applies to applications made overseas and also to applications made from within the UK. If you request return of your passport and leave the UK, your application will be considered to have been withdrawn. Applicants based overseas will also have their passport retained by the Home Office whilst their application is being processed.
3. Your Visa will be endorsed on your passport
a. FALSE – the Home Office now issue Biometric Residence Permits (BRP) which contain the grant of immigration leave. These are ID cards that look not dissimilar to a driving licence. Successful applicants overseas will receive their passport back with a letter of decision together with an endorsement on their visa allowing them entry for 30 days to enable to them collect their BRP at a participating Post Office.
4. You can always work in the UK while your application is being considered by the Home Office
a. FALSE – this depends entirely on your personal circumstances. Applications made in the UK prior to the expiry of existing leave will by virtue of statute have their right to work extended until a decision is reached. However, your employer will require to obtain a Positive Verification Notice from the Home Office in order that they have a defence against illegal employment.
5. You can come to the UK on a visitor Visa and stay
a. FALSE – you can’t. Even if you come over here with your British Spouse and British child, the Home Office are incredibly reluctant to let you stay. In nearly all cases you will need to return and make a fresh entry clearance application.
If you have any queries about how to make any immigration application please contact one of Drummond Miller’s Immigration Team to arrange an appointment and we will be happy to assist.