Commonwealth of Australia

Eton Bell made this Freedom of Information request to Home Office

Waiting for an internal review by Home Office of their handling of this request.

From: Eton Bell

8 April 2012

Dear Home Office,

I am writing to you to enquire, under the Freedom of Information
Act.

Could you please tell me how many UK citizens were extradited to
Commonwealth of Australia
since 2002 under existing extradition
treaties for offences allegedly or otherwise committed in
Australian
jurisdiction.

I also wish to know how many Australian citizens were extradited to
the UK
since 2002 for offences allegedly or otherwise committed in UK
jurisdiction.

Yours faithfully,

Eton Bell

Link to this

From: IND Public Enquiries

11 April 2012

Thank you for contacting the UK Border Agency.

You can no longer use this email address for immigration enquiries. 
However, if you have sent us information about an immigration offence, or
a complaint, we will forward it to the appropriate team.  You do not need
to send it again.

Please ensure to read the following information as you will not receive
another response.

Alternatively please visit our comprehensive website at
[1]http://www.ukba.homeoffice.gov.uk  for further information.

The information in this message answers the most frequently asked
questions.  It includes links to the relevant parts of our website, where
more detailed information can be found.  If we have not included
information or a link to the website for the subject you are enquiring
about, please enter key words into the “search” facility on the website.

If your enquiry is about one of the following, please re-send it to the
address shown:

British Citizenship and Nationality / Right of Abode:

[2][email address]

European Nationals and Family Members:

[3][email address]

Points Based System Sponsorship  (Employers and Educational Establishments
with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points
Based System): 

[4][email address]

If you are outside the UK:  Please go to the information pages for your
country on the UK Border Agency website
<[5]http://www.ukba.homeoffice.gov.uk/countr...>.

If you are outside the UK and you wish to make an application for Entry
Clearance, please contact the British Diplomatic Post (the High
Commission, Embassy or Consulate) where you will be submitting your
application for information.

Contact details for British Diplomatic Posts can be found on the Foreign &
Commonwealth Office website at:

[6]http://www.fco.gov.uk/en/travel-and-livi...

Please note that we are unable to confirm the authenticity of offers of
employment or appointments.  If you wish to report a fraud offence you
should contact Action Fraud either by telephone on 0300 123 2040 (Monday
to Friday 8am to 8pm, Saturdays 9am to 4pm or Sundays 10am to 4pm) or
email at [7][email address].   Alternatively if you wish to complete
a fraud report you can do this online via the online reporting tool at
[8]https://reportfraud.actionfraud.org.uk/f....

Information about the following subjects is provided below.

  1.  Outstanding Applications / Return of Documents 

  2.  Change of Address / Change of Circumstances  

  3.  Biometric Residence Permits for Foreign Nationals

  4.  HSMP Forum judicial review – Arrangements resulting from the
judgment

  5.  Points Based System – Tier 1, Tier 2, Tier 4, Sponsorship

  6.  Students – Work, Changing education provider or course, Course fees

  7.  Marriage, Unmarried Partner or Civil Partnership with a British or
Settled

       Person      

  8.  UK Ancestry

  9.  Working Holidaymakers – No Switching to PBS Categories

10 . Child born in the UK

11.  Settlement - Knowledge of Language & Life in the UK

12 . Indefinite Leave to Enter 

13.  New Passport – Transfer of Conditions or No Time Limit

14.  Reporting an immigration offence  

 

1.  Outstanding Applications

 

For data protection reasons, we are unable to respond to enquiries about
individual cases by e-mail.  UK Border Agency will contact you if further
information is required to complete your application.  If you sent your
application by Recorded or Special Delivery, its receipt can be confirmed
on the Royal Mail website at:

[9]http://www.royalmail.com/portal/rm

If you make an application before your authorised stay ends, your existing
immigration status will continue until your application is decided, even
if the decision is not made until after the end of your permitted stay. 
If your existing visa or other permission to stay here allows you to work,
you can continue to do so until your case is decided. 

 

Return of Documents

 

If you require the urgent return of your documents, please see the UK
Border Agency website at
[10]http://www.ukba.homeoffice.gov.uk/aboutu...

for the appropriate contact details.  However please note that return of
the applicant's passport submitted in support of a leave to remain
application, for travel outside the UK, will lead to the application being
withdrawn. 

An online process for the return of documents from PBS Tier 2 & 5
applications is now available on the UKBA website at: 

[11]http://www.ukba.homeoffice.gov.uk/siteco...

Please be advised that you will need to complete the online form with all
required information.

2.  Change of Address / Change of Circumstances

 

We are unable to deal with change of address/circumstances notifications
by e-mail. 

If you have made a Points Based System application, details of how to
inform us about your change of address or other change of circumstances
can be found on the UK Border Agency website at:

[12]http://www.ukba.homeoffice.gov.uk/siteco...

For other applications, details can be found in the guidance notes for the
application form you have submitted, under “Contacting us after you have
applied”.  The guidance notes are also available on the UK Border Agency
website.

3.  Biometric Residence Permits for Foreign Nationals

 

UK Border Agency issues Biometric Residence Permits to foreign nationals
from outside the European Economic Area (EEA) and Switzerland who are
given permission to extend their stay in the United Kingdom in the
following categories:

*   All Tier 1 and Tier 5 applicants

* Sponsored Skilled Workers and their dependants, on application form
Tier 2 (General / Minister of Religion / Sportsperson / Intra
Company Transfer). 

·        Students and their dependants, on application form Tier 4
(G) or Tier 4 (C).

·        Persons applying on the basis of marriage or partnership
with a British or settled person and their dependants, on application
form FLR(M).

·        Academic Visitors (granted leave for more than six months),
Domestic Workers in a Private Household, UK Ancestry and Visitors for
Private Medical Treatment, on application form FLR(BID).

·        Representatives of an Overseas Business and Retired Persons
of Independent Means on application form FLR(BUS) or SET(BUS).

·        Dependants of the above, where applicable, and when applying
at the same time.

* Those applying for a transfer of conditions on application form
TOC.

Detailed information about the Biometric Residence Permits can be found
on the UK Border Agency website at:

[13]http://www.ukba.homeoffice.gov.uk/visas-...

If your BRP has been lost or stolen, or if you need a replacement BRP
for other reasons, you will need to submit an BRP(RC) application form. 
The application form and guidance notes are available on the UK Border
Agency website at: 

[14]http://www.ukba.homeoffice.gov.uk/visas-...

4.  HSMP Forum judicial review – Arrangements resulting from the
judgement

If you made your initial application for an HSMP approval letter before
3 April 2006, you are eligible to make an application for indefinite
leave to remain (ILR) under the HSMP Forum (UK) Ltd High Court judgment
of 6 April 2009, even if you did not receive the letter or subsequent
leave to enter or leave to remain until after this date.

In order to apply for ILR, you will need to meet the following criteria:

·        You have completed a continuous period of four years lawfully
in the UK, with your most recent leave being under the Highly Skilled
Migrant Programme (HSMP) or Tier 1 (General) and the remainder of your
leave being under HSMP, Tier 1 (General), Work Permit holder or
Innovator.

·         Throughout the four years spent in the UK, you have maintained
and accommodated yourself and any dependants without recourse to public
funds.

·         You must be economically active in the UK in employment,
self-employment or both, as required by the conditions of your leave.

If you are covered by the judgment and you meet the above requirements,
you can make an application for ILR on form SET(O) up to 28 days before
you complete the qualifying period.  You and any dependants who are
included in your application are not required to meet the Knowledge of
Language and Life (KOL) requirement.   

If you have completed four years in the UK, and you previously applied
for an extension in order to complete the five year qualifying period,
you can apply for ILR immediately provided you meet the criteria above. 

If you previously applied for ILR after four years and your application
was refused, you can request a review of the original decision.  You can
do so if you were granted further leave to remain following a successful
appeal, or if you did not appeal, or if your appeal was dismissed.  You
do not need to submit another ILR application.  You must obtain and
complete the Review form: HSMP ILR Judicial Review), which can be
downloaded from the UK Border Agency website at:

[15]http://www.ukba.homeoffice.gov.uk/visas-...

If you have completed four years in the UK in a qualifying period and
you have an outstanding application for Further Leave to Remain, you do
not need to take any further action.  Your application will be
identified as one which may be varied to Indefinite Leave to Remain and
you will be contacted about this. 

5. Tier 1 (Post Study Work)

 

You will need to complete a self-assessment before you complete the Tier
1 (Post Study Work) application form, in order to calculate the points
you can claim for Attributes, English Language and Maintenance
requirements.  Full details of the requirements and the Points Based
Calculator tool for self-assessment are available on the UK Border
Agency website at:

[16]http://www.ukba.homeoffice.gov.uk/visas-...

You can check on the Points Based Calculator tool whether the course you
are studying will earn sufficient points to qualify for leave to remain
in the UK under Tier 1 (Post Study Work).

If you score sufficient points to make an application, you will be able
to complete and submit application form Tier 1 (Post Study Work) which
is available on the UK Border Agency website. 

One of the required documents is your original certificate of award. 
However, if you are unable to provide it because it has not yet been
issued, you may submit your application without it, provided that the
letter from your academic institution includes additional information
explaining your individual circumstances.

If your application is successful, you will be granted two years leave
to remain in the  UK during which time you will be free to seek
employment without having a licensed sponsor.

You will be able to apply to switch from Tier 1 (Post Study Work) to
Tier 1 Investor or Entrepreneur, Tier 2, or Tier 4.  However please
note, time spent in the UK in the Tier 1 (Post Study Work) category does
not count towards the qualifying period for Indefinite Leave to Remain.

 

By completing form Tier 1 Post Study Work, you are also applying for a
Biometric Residence Permit – there is no additional fee to pay for
this.  Please see paragraph 3 above for further details.

Tier 1 (General)

 

The Highly Skilled Migrant Programme was previously replaced by Points
Based System Tier 1 (General).

Tier 1 (General) is closed to new in-country applicants as of 6 April
2011 and is already closed for out of country applicants.

As of 6 April 2011, you will only be able to apply to switch to Tier 1
(General) in the UK if you currently have leave to enter or remain in
one of the following categories: Highly Skilled Migrant Programme, Self
Employed Lawyer, Writer, Composer or Artist.

Transitional arrangements will allow those already in the UK under Tier
1 General, and contributing to the economy, to continue their stay in
the UK.

You will need to complete a self-assessment before you complete the Tier
1 (General) application form, in order to calculate the points you can
claim for Attributes, English Language and Maintenance requirements.
Full details of the requirements and the Points Based Calculator tool
for self-assessment are available on the UK Border Agency website at:

[17]http://www.ukba.homeoffice.gov.uk/visas-...

If you score sufficient points to make an application, you will be able
to complete and submit application form Tier 1 (General), which is
available on the UK Border Agency website.  Details of the fee payable
for this application and required documents are included in the
application form and guidance notes.

For detailed guidance on how to claim points for previous earnings,
please visit the website at:

[18]http://www.ukba.homeoffice.gov.uk/visas-...

By completing form Tier 1 General, you are also applying for a Biometric
Residence Permit – there is no additional fee to pay for this.  Please
see paragraph 3 above for further details.

Tier 1 (General / Post Study Work / Entrepreneur) – Maintenance

 

When applying for Tier 1 (General, Post Study Work or Entrepreneur) from
within the UK, you are required to submit documents showing you have had
savings of at least £800 which must have been held for a consecutive 90
day period prior to the date of application. 

If you are including dependants in your application, or applying
separately for dependants, you will need to show additional savings of
£533 for each dependant.  If the main applicant is outside the UK, or
has been present in the UK for less than 12 months, each dependant must
show that they (or the main applicant) have at least £1,600 to support
themselves. 

The balance must be maintained at or above the required amount which
must have been held for a consecutive 90 day period prior to the date of
application.  If it has dipped below the required balance at any time
during the consecutive 90 day period prior to the date of application, 
the maintenance requirement will not be met and you are not eligible to
make an application.

The types of documents you need to send to support your application are
described in detail in the appropriate section of the UK Border Agency
website.

For further detailed information, please refer to the website at:

[19]http://www.ukba.homeoffice.gov.uk/visas-...

Tier 2

Points Based System Tier 2 (Skilled Workers) is for migrants with a job
offer from a licensed sponsor and a Certificate of Sponsorship.  It
includes the following four sub-categories:

General - For migrants with an offer of a skilled job that cannot be
filled by a settled worker. This category includes applicants coming to
fill shortage occupations.

Intra Company Transfer - For migrants that are employees of a
multi-national company and are being transferred to a United Kingdom
based branch of the same organisation either on a long term basis or
frequent short visits. You cannot use this route if you are employee of
an overseas organisation that is not linked by common ownership or
control to the UK entity.

Sportspeople - For a migrant coming to fill a vacancy as an elite
sportsperson or coach whose employment will make a significant
contribution to the development of their sport at the highest level.

Ministers of Religion - For a migrant coming to fill a vacancy as either
a Minister of Religion, undertaking preaching and pastoral work, or
Missionary or a Member of a Religious Order taking up employment, or a
post/role within a faith community in the United Kingdom.

You will be able to apply to switch into Tier 2 (General / Sportspeople
/ Ministers of Religion) in the UK if you currently have leave to enter
or remain in one of the following categories: Any Tier 1 or Tier 4
category, Tier 2 (General), Tier 2 (Sportsperson), Tier 2 (Minister of
Religion), Tier 5 (Temporary Worker) in the Creative and Sporting sub
category, for a job as a professional footballer, Dependant partner of a
Tier 4 migrant, Highly Skilled Migrant Programme, Innovator, Fresh
Talent Working in Scotland Scheme, International Graduates Scheme (or
its predecessor the Science and Engineering Graduate Scheme), Business
and Commercial Work Permits (except multiple entry work permits), Sports
and Entertainment Work Permits ( except multiple entry work permits),
Jewish Agency Employee, Member of the Operational Ground Staff of an
Overseas Owned Airline, Minister of Religion, Missionary or Member of a
Religious Order, Overseas Qualified Nurse or Midwife, Person Writing Up
a Thesis, Postgraduate Doctor or Dentist, Representative of an Overseas
Business, Representative of an Overseas Newspaper, News Agency or
Broadcasting Organisation, Student, Student Nurse, Student Re-Sitting an
Examination, Student Union Sabbatical Officer .

You will be able to apply to switch into Tier 2 (Intra-Company Transfer:
Established Staff), if you currently have leave to enter or remain in
one of the following categories: Tier 2 (Intra-Company Transfer:
Established Staff), Tier 2 (Intra-Company Transfer), under the rules in
place before 6 April 2010, Intra Company Transfer work permit holder
(except multiple entry work permits), Representative of an Overseas
Business (this includes representatives of overseas media companies). In
all cases, you must be still working for the same employer named on your
previous application. If you are currently in the UK in any other
category, you will need to leave the UK and apply for Entry Clearance in
these categories.

If you are switching from a Tier 4 category, Student, Student Nurse,
Student Re-Sitting an Examination or a Student Union Sabbatical Officer,
you must have successfully completed a course which lasted at least one
academic year during your most recent period of Tier 4 leave (this is
your current leave if it has not yet expired) and meet the full points
requirement of Tier 2 in order to switch.

You will need to complete a self-assessment before you complete the Tier
2 application form, in order to calculate the points you can claim for
Attributes, English Language and Maintenance requirements. Full details
of the requirements and the Points Based Calculator tool for
self-assessment are available on the UK Border Agency website at:
[20]http://www.ukba.homeoffice.gov.uk/visas-...

If you score sufficient points to make an application, you will be able
to complete and submit application form Tier 2 , which is available on
the UK Border Agency website. Details of the fee payable for this
application and required documents are included in the application form
and guidance notes.

If your application is successful, you will be granted a maximum of
three years plus 14 days leave to remain in the UK, or in line with the
Certificate of Sponsorship plus 14 days, if it has been issued for less
than three years. 

When applying under Tier 2 from within the UK, you are required to
submit documents showing you have had savings of at least £800 which
must have been held for a consecutive 90 day period prior to the date of
application.  If the balance has dipped below £800 during the
consecutive 90 day period prior to the date of application, the
maintenance requirement will not be met.

If dependants are applying at the same time or separately, you will need
to show additional savings of £533 for each dependant. If the main
applicant is outside the UK, or has been present in the UK for less than
12 months, each dependant must show that they (or the main applicant)
have at least £1,600 to support themselves.

The maintenance requirement can also be met by the A-rated Sponsor
providing a written undertaking that, should it become necessary, they
will maintain and accommodate the applicant and their dependants during
their first month in the UK.  This must be confirmed on your certificate
of sponsorship.

The types of documents you need to send to support your application are
described on the UK Border Agency website at:

[21]http://www.ukba.homeoffice.gov.uk/visas-...

 

By completing form Tier 2, you are also applying for a Biometric
Residence Permit – there is no additional fee to pay for this.  Please
see paragraph 3 above for further details.

Tier 4 (General) and Tier 4 (Child) Students

Points Based System Tier 4 came into effect on 31 March 2009.  Tier 4
(General) is for adults (aged 16 or over) coming to or remaining in the
UK for study, and for those continuing their education from leave as a
Child Student.  Tier 4 (Child) is for children between the ages of 4 and
17 who wish to be educated in the UK.  Those aged between 4 and 15 may
only be educated at independent (private) fee-paying schools.    

In order to qualify, you need a valid Confirmation of Acceptance for
Studies (CAS) from an education provider which holds a Sponsor's
Licence. 

You also need to meet the applicable maintenance requirements, which
vary according to your circumstances.  Full details of the requirements
for adult and child students, and the application forms Tier 4 (G) and
Tier 4 (C), can be found on the UK Border Agency website at:
[22]http://www.ukba.homeoffice.gov.uk/visas-...

By completing form Tier 4, you are also applying for a Biometric
Residence Permit – there is no additional fee to pay for this.  Please
see paragraph 3 above for further details.

Students of any age may use a bank account in their parent’s name as
evidence that they meet the maintenance requirement.

If you are applying under Tier 4 you must show that you have held the
funds for at least 28 days before applying. You will need to provide the
correct documents to support your application, as specified in the PBS
Tier 4 Application Form and Policy Guidance. 

If you have paid fees and other expenses in advance, you can deduct the
amount paid from the maintenance funds shown, but you must provide the
required evidence that confirms payment has been made, as described on
the application form.  Any advance payments made before you have been
granted leave to enter or remain are made entirely at your own risk. 
You should seek advice from the education provider or other organisation
to which payment will be made regarding their terms and conditions.

You will be able to apply to switch into Tier 4 (General) if you meet
the requirements and you are currently in the UK with permission to stay
in one of the following categories: Post study worker (Tier 1), Skilled
worker (Tier 2 General), Intra-company transfer (Tier 2), Minister of
religion (Tier 2), Child student (Tier 4), Prospective student, Student,
Student re-sitting an examination, Student nurses, Students writing up a
thesis, Student Union sabbatical officer, Work permit holder,
Postgraduate doctor or dentist, participant in the Science and
Engineering Graduates Scheme, participant in the International Graduates
Scheme, participant in the Fresh Talent: Working in Scotland Scheme.

If you are currently in the UK in any other category, you will need to
leave the UK and apply for Entry Clearance.

Sponsorship

Under the Points Based System (PBS), migrants from outside the UK will
need to be sponsored by an employer or education provider on the UK
Border Agency’s Sponsors Register in order to obtain a visa. 

For further information regarding the Points Based System and
Sponsorship, please visit the UK Border Agency website at:

[23]http://www.ukba.homeoffice.gov.uk/busine...

6.  Students

Students – Work

The student category of the Immigration Rules was replaced by Points
Based System Tier 4 on 31 March 2009 – see above for details.

Unless their visa states otherwise, a person who is aged 16 or over, and
holds valid leave to enter or remain as a student under the student
category of the Immigration Rules for 6 months or more, may undertake
employment for:

*          20 hours per week during term time
*          Full time during vacation periods

If you have leave to enter or remain to study under Tier 4 (General),
the maximum amount of part-time work you can do during term time is:

Where a Tier 4 (General) student is following a course at NQF 6/QCF
6/SCQF

9 or above with a sponsor which is a UK Higher Education Institution,

or is undertaking a short-term study abroad degree programme at an

overseas Higher Education Institution, the following work is allowed:

 

* part-time during term-time, which is no more than 20 hours a week;
* full-time during vacations;
* on a work placement as part of the course;
* as a postgraduate doctor or dentist on a recognised Foundation
* Programme;
* as a student union sabbatical officer for up to two years.

Where a Tier 4 (General) student is following a course at NQF 3, 4 or
5/QCF 3,

4 or 5/SCQF 6, 7 or 8, with a sponsor which is a UK Higher Education
Institution,

the following work is allowed:

* part-time during term-time, which is no more than 10 hours a week;
* full-time during vacations;
* on a work placement as part of the course;
* as a student union sabbatical officer for up to two years.

Where a Tier 4 (General) student is following a course at any level with
a

sponsor which is a publicly funded further education college, the
following work

is allowed:

* part-time during term-time, which is no more than 10 hours a week;
* full-time during vacations;
* on a work placement as part of a course where the Tier 4 (General)
student is
* studying with a Highly Trusted Sponsor or with any sponsor where
the course is
* at NQF 6/QCF 6/SCQF 9 or above
* as a student union sabbatical officer for up to two years

Where a Tier 4 (General) student is following a course at any level with
a Tier

4 sponsor which is not a UK Higher Education Institution, a short-term
study abroad

degree programme at an overseas Higher Education Institution or a
publicly funded

further education college, he/she is not allowed to work whilst in the
UK.

Where a Tier 4 (General) Student is allowed to work, he/she must not
fill a full-time permanent vacancy (other than on a recognised
Foundation Programme) and the Tier 4 (General) Student must not be
self-employed, employed as a doctor in training (other than on a
recognised Foundation Programme) or as a professional sportsperson
(including coach) or entertainer.

Where a Tier 4 Student is allowed to work, he/she can work full-time
during vacation

periods, within the limits detailed above. If a Tier 4 student, having
completed his/her

course, makes an application for leave under the Points Based System
before his/her

existing leave expires, he/she will be permitted to work full-time,
within the limits

described above, until his/her application is decided.

If you are encountering difficulty, the UK Border Agency runs a
dedicated helpline for potential employers designed to give advice
regarding immigration and employment.  Please pass this information to
your potential employer and ask them to call: 0300 123 4699.

Students – Changing education provider or course

 

If you already hold a student visa under the previous Immigration Rules,
you can change your course or education provider as long as the new
course still meets the following immigration requirements:

Full time course, 15 hours per week daytime study, Studying towards a
recognised qualification, Studying at a recognised institution.

You do not need to get our permission if you want to do a different
course of study with your Tier 4 sponsor and the new course will finish
before your current permission to stay expires. Your Tier 4 sponsor will
tell us that you have changed course.

If your new course will end before your permission to stay expires, you
must tell us by sending an email message to
[24][email address].

If your new course will end after your current permission to stay
expires, you will need to make a new Tier 4 application to us. You will
therefore need a new confirmation of acceptance for studies from your
Tier 4 sponsor. You can make this new application at any time before
your current permission to stay expires, but we recommend that you do
this as soon as possible.

If you applied for your Tier 4 student visa on or after 5 October 2009
and you want to leave your current course in order to study the same or
a different course with a different education provider, you must apply
for a new Tier 4 visa. The new education provider must be a licensed
Tier 4 sponsor, and must assign a new confirmation of acceptance for
studies to you.

You can start your new course before we have approved your new Tier 4
application if:

* you have applied to us for permission to stay and study with a Tier
4 sponsor which has a highly trusted sponsor rating; and
* your permission to stay and study in the UK with your former
sponsor is still valid; and
* your prospective Tier 4 sponsor has assigned a confirmation of
acceptance for studies to you for your new course.

You will start your new course at your own risk, as we may refuse your
application.

You cannot start your new course until we have approved your new
application, if you are applying to us for permission to stay and study
with a sponsor that has an A (Trusted) or B (Sponsor) rating.

If you are already studying in the UK when you decide to change to a
different Tier 4 sponsor, you must make your new application from inside
the UK

If you applied for your Tier 4 student visa before 5 October 2009 and
you want to leave your current course in order to study a course with a
different education provider under your current permission to stay in
the UK, you must get our written permission.

To request this permission, you must complete and send us a Tier 4 (PTS)
application form. You can download this form and guidance notes from the
UK Border Agency website at:
[25]http://www.ukba.homeoffice.gov.uk/visas-...

We will write to tell you that you can study with your new education
provider under your existing permission to stay, if:

* the new education provider is on the register of Tier 4 sponsors,
which you can download from the right side of this page; and
* we can confirm that the education provider wants to be your new
education provider; and
* the course meets the requirements for your Tier 4 category.
However, Tier 4 (General) students may continue to study a course
at or above level A2 of the Common European Framework of Reference
for Languages.

After you have sent us your Tier 4 (PTS) application form, we will write
to you saying that we have received it. You can start your new course
before we have decided whether to approve your request - but you do so
at your own risk, as we may refuse the request.

Under the Immigration Rules, we may shorten your permission to stay as a
student if you change your education provider without getting our
permission.

If your new course will finish after your current permission to stay
expires, you will need to make a new Tier 4 application to us. You will
therefore need a confirmation of acceptance for studies from your new
education provider. 

Students – Course Fees

 

Please contact your Educational Establishment or Local Education
Authority for information about whether you are considered an overseas
or home student.

The refund of course fees paid to colleges is not something within the
UK Border Agency remit.

For advice on this matter you may wish to contact UCAS who's details can
be found at the following link: [26]http://www.ucas.ac.uk/

7.  Marriage or Civil Partnership with a British or Settled Person

 

The fiancé(e)/proposed civil partner visa is issued for a 6 month
period, during which time you would be expected to finalise your plans
and marry or register your civil partnership.  Employment is prohibited
under this visa.  Once the marriage or civil partnership has taken
place, you will need to apply for further leave to remain as a
spouse/civil partner on application form FLR(M).

The spouse/civil partner visa is for a probationary period of 2 years if
you apply from within the UK or 27 months if you applied from your home
country abroad, during which time you will be able to work without
restriction.  You will be able to apply for indefinite leave to remain
in the United Kingdom no more than 28 days before the end of your 2-year
qualifying period. If you do, we may refuse your application and we will
not refund the fee. However, you must apply before your current
permission to remain in the UK ends, on application form SET(M). 

If the spouse/civil partner visa was obtained overseas, you can submit
an application for indefinite leave to remain 23 months after entering
the UK.  However, if your entry was delayed by up to 3 months after the
issue of your visa, and your visa expires before you have completed 23
months from the date of entry into the UK, you should submit a SET(M)
application by post before your visa expires.  The application will be
placed on hold until the qualifying period has been completed.
Alternatively, you can submit an FLR(M) application and, if you meet the
requirements for this application, you will be granted a further period
of leave to enable you to complete the probationary period.

If you delayed your travel by more than 3 months, you will need to
submit an FLR(M) application before your visa expires.  If you meet the
requirements for this application, you will be granted a further period
of leave to enable you to complete the probationary period.

By completing form FLR(M), you are also applying for a Biometric
Residence Permit – there is no additional fee to pay for this.  Please
see paragraph 3 above for further details.

With effect from 29 November 2010, UKBA has introduced a new English
language requirement for those applying for Leave to Enter or Remain in
the UK as the spouse, civil partner, fiancé(e), proposed civil partner,
unmarried partner or same-sex partner of a British citizen or someone
who is present and settled in the UK.

An applicant can meet the requirement in one of the following ways;

* are a national of a majority English-speaking country; or
* have passed an English language test approved by us at the
appropriate level;
* hold a degree that was taught in English and is equivalent to a UK
bachelor's degree or above.

For further information, please visit the UK Border Agency website at:

[27]http://www.ukba.homeoffice.gov.uk/siteco...

8.  UK Ancestry

 

A person needs to complete 5 years under the UK Ancestry visa prior to
applying for Indefinite Leave to Remain.  An application will normally
be successful if it can be satisfactorily demonstrated that the
applicant meets the requirements of the rules and has spent a continuous
period of 5 years in the United Kingdom in this capacity.  For this, the
application form SET(O) is required.

The earliest you may submit an application for Indefinite Leave to
Remain is up to 28 days before the completion of your 5th year.

In order to apply for an extension on your UK Ancestry visa to allow you
to complete 5 years in this capacity, the application form FLR(O) is
required.  With this application you will be required to provide your
full birth certificate, full birth certificates for your parent and
British born grandparent and, where necessary to establish the
relationship, marriage certificates and/or adoption papers. 

Further information and the application form are available on the UK
Border Agency website at:

[28]http://www.ukba.homeoffice.gov.uk/siteco...

By completing form FLR(O), you are also applying for a Biometric
Residence Permit – there is no additional fee to pay for this.  Please
see paragraph 3 above for further details.

The Immigration Rules do not allow a person to switch in the UK from
another category into UK Ancestry or dependant of a person holding UK
Ancestry.  In both cases, entry clearance must be obtained.

9. Working Holidaymakers – no switching to Points Based System
categories

Working Holidaymakers are not permitted to switch in the UK to any
Points Based System categories, including Tier 2 (Sponsored Skilled
Workers) or Tier 5 (Temporary Workers).  If they meet the requirements
for a Points Based System category, they are required to return to their
home country and obtain the appropriate Entry Clearance.    

10.  Child born in the UK

 

If your child was born in the UK and you currently have limited leave to
remain, you will need to obtain and complete one of the following
application forms, in order for them to be granted leave to remain as
your dependant.

* FLR(O) if the person whom the child is dependant on has been
granted leave to remain under the Points Based System.
* FLR(O) if the person whom the child is dependant on has been
granted leave to remain in any other category.

On form FLR(O) the child’s details should be entered in Section 1 -
Applicant's Details.  Your passport should also be enclosed with the
application.

If you will be leaving the UK and do not intend to return under the
conditions of your current leave to remain, you are not required to make
an application to the UK Border Agency for your baby.  They are deemed to
have leave to remain in the UK until you leave. 

If you will be making an application for further leave to remain or
indefinite leave to remain and do not intend to travel before you do so,
you can include the baby as your dependant at that time.  However please
note, if you travel outside the UK before your baby obtains leave to
remain, you will need to obtain Entry Clearance for the baby before you
return to the UK.

11.  Settlement - Knowledge of Language and Life in the UK

 

If you are applying for settlement in the United Kingdom you may be
required  to demonstrate Knowledge of Language and Life in the United
Kingdom, in addition to meeting the other requirements for
settlement.  For further information, please visit the UK Border Agency
website at:

[29]http://www.ukba.homeoffice.gov.uk/visas-...

12.  Indefinite Leave to Enter

 

In terms of your status in the UK, Indefinite Leave to Enter and
Indefinite Leave to Remain are exactly the same.  The Indefinite Leave to
Enter Entry Clearance means, in terms of your current immigration status
in the UK, that there is no time limit on your stay in the UK.  

The end date shown on an Indefinite Leave to Enter Entry Clearance (EC)
vignette is a guide to the holder for travel purposes only, or relates to
the validity dates of the passport/travel document in which the vignette
is endorsed.

The validity and activation of the Entry Clearance is determined by the
dates noted on the Entry Clearance vignette not by any ink stamp endorsed
in the passport or travel document by a UK Immigration Officer at the port
of entry. 

The Immigration Officer’s stamp merely indicates when the Entry Clearance
was used to enter the UK but the Entry Clearance is still valid without an
on-entry stamp. 

The Entry Clearance should be used to enter the UK within three months of
issue but can be used after this date at the discretion of the Immigration
Officer. 

Once the expiry date noted on your EC is passed it is not necessary for
the holder of Indefinite Leave to Enter status to apply within the UK for
Indefinite Leave to remain status as they are effectively the same thing
and your "No time limit "status remains extant. 

 

13.  New Passport - Transfer of Conditions or No Time Limit

 

If you have a new passport and you wish to have your Limited Leave to
Enter or Remain status transferred to it, you will need to submit a TOC
(Transfer of Conditions) application form. 

If your passport has been lost or stolen, you need to report this to the
Police and include the Police Report and/or Crime Reference Number with
your TOC application.

Alternatively, if you choose not to transfer your permit, you should carry
both your old and new passports when you travel to the UK - this will
prove to our immigration officers that you have the right to be in the UK.
If you cannot produce your residence permit when you arrive at our border,
you may not be allowed to enter the country. We cannot transfer your
residence permit to your new passport at passport control when you enter
the UK.

If you want a TOC stamp for your new passport, you must apply using form
TOC at least four weeks before the end of your permitted stay in the UK.
We will not confirm your permission to stay in a new passport if that
permission has already run out - your fee will not be refunded, and you
will have to apply for further permission to stay in the UK.

If you have Indefinite Leave to Enter or Remain, you will need to submit
an NTL (No Time Limit) application form in order to have your status
transferred to a new passport.  You are advised to transfer your
Indefinite Leave to Remain status into the valid passport before you
travel.  If you have retained your old passport and you need to travel as
a matter of urgency, you may travel with both the old and the new
passports.  You are advised to submit an NTL application to the Home
Office on your return to the UK.

If your passport has been lost or stolen, you need to report this to the
Police and include the Police Crime Report and/or Crime Reference Number
with your NTL application.

Alternatively, if you choose not to transfer your permit, you should carry
both your old and new passports when you travel to the UK - this will
prove to our immigration officers that you have the right to be in the UK.
If you cannot produce your residence permit when you arrive at our border,
you may not be allowed to enter the country. We cannot transfer your
residence permit to your new passport at passport control when you enter
the UK.

If you have been naturalised as a British citizen since being given
permission to settle in the UK, you should not apply for an NTL stamp - as
a naturalised citizen, you have the right of abode in the UK and are no
longer subject to immigration control. If you do not have a Biometric
Residence Permit (BRP), and your passport has been lost or stolen, you
need to report this to the Police and include the Police Crime Report
and/or Police Reference Number with your TOC or NTL application.

If your BRP is lost or stolen, please see Paragraph 3 above for
information about the BRP(RC) form. 

14.  Reporting an immigration offence

 

If you know someone is breaking immigration laws, for example by being in
the United Kingdom illegally or by employing an illegal immigrant, please
write to us at the following address:

UK Border Agency, Evidence & Enquiry, Lunar House, 40 Wellesley Road,
Croydon CR9 2BY.

Alternatively you can send the details by completing the online form at
[30]http://www.ukba.homeoffice.gov.uk/aboutu...
(You do not need to re-send the information if you have already done so.)

We will not be able to acknowledge your letter or e-mail but we will pass
it on to the relevant local immigration team.  Where appropriate, they
will investigate and take action.

We treat all personal information as confidential.  This means we will not
tell the person involved that you contacted us.  It also means we will not
be able to tell you what was done as a result of your information.

If we have not included information or a link to the website for the
subject you are enquiring about, please visit our comprehensive website at
[31]http://www.ukba.homeoffice.gov.uk for further information.

show quoted sections

Link to this

From: Eton Bell

9 May 2012

Dear IND Public Enquiries,

I am contacting you to respond promptly to my request made under
Freedom of Information. The Home Office, by law, should normally
have responded promptly to my request or provide adequate
explanation for the delay. Should a response not
be recived by the end of the 11th May 2012
I will have little choice but to request an internal review. 

Yours sincerely,

Eton Bell

Link to this

From: Eton Bell

11 May 2012

Dear Home Office,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Home Office's
handling of my FOI request 'Commonwealth of Australia'.

My request was submitted on the 8th April 2012, via
WhatDoTheyKnow.com.

By law, the Home Office should normally have responded
promptly and by the 8th May 2012 I think that the Home Office has
failed to respond to my request promptly and within 20 working
days, despite the law requiring it to do so.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...

Yours faithfully,

Eton Bell

Link to this

From: Eton Bell

4 July 2012

Dear IND Public Enquiries,

I have passed this to the ICO

Yours sincerely,

Eton Bell

Link to this

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