Form Set(o) Economic Activity proof covering what duration?

Mustafa M made this Freedom of Information request to UK Border Agency

The request was successful.

From: Mustafa M

21 December 2009

Dear UK Border Agency,

In the Form Set(o) Point 9G states proof must be submitted to show
economic activity in UK, does it mean payslips and bank statements
for the last 5 years needs to be submitted or is it for the last x
months? If later what could be the x months

Yours faithfully,

M

Link to this

From: IND Public Enquiries

22 December 2009

Thank you for contacting the UK Border Agency.

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 you have sent us information about an immigration offence, or a complaint, please be assured that it will be forwarded to the appropriate team. You do not need to send the information again.

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

British Citizenship and Nationality / Right of Abode: [email address]

European Nationals and Family Members: [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): [email address]

Worker Registration Scheme / Bulgaria and Romania (BR applications): [email address]

Applications made outside the UK: [email address] Please consult the Visa Services website at www.ukvisas.gov.uk, where the answers to most enquiries can be found.

 
Information about the following subjects is provided below.

1.  Outstanding Applications / Return of Documents / Change of Address
2. Biometric Identity Cards
3. HSMP Forum judicial review - Arrangements resulting from the judgement
4. Points Based System - New Rules, Tier 1, Tier 2, Tier 4, Sponsorship
5. Students - Work, Changing university or course, Course fees
6.  Marriage to a British or Settled Person - Fiancé(e), COA, FLR(M), SET(M)
7. UK Ancestry
8. Working Holidaymakers - Employment, No switching to PBS Categories
9. Child born in the UK
10.  Settlement - Knowledge of Language & Life in the UK
11 . Indefinite Leave to Enter
12.  New Passport - Transfer of Conditions or No Time Limit
13.  Report 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.  Processing times for applications are shown on the UK Border Agency website. If you sent your application by Recorded or Special Delivery, its receipt can be confirmed on the Royal Mail website at: 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 http://www.ukba.homeoffice.gov.uk/contac... 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 United Kingdom, will lead to the application being withdrawn.  We aim to return requested documents within 10 working days.  

Change of Address / Circumstances
 
I regret that we are unable to deal with change of address notifications by e-mail.

You are only required to inform the UK Border Agency of a change of address if you have an outstanding application. 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 under "Change of Circumstances Form". 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 our website.

2. Biometric Identity Cards
 
From 25 November 2008, UK Border Agency is issuing identity cards 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:

·        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).

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

·        Dependants of the above, where applicable and when applying at the same time, and those applying for a transfer of conditions on application form TOC.

Foreign national identity cards for all those from outside the EEA and Switzerland who are coming to the UK for more than six months, or extending their stay in the UK in other categories, will be phased in over the next three years.

Detailed information about the identity cards can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/managi...

3. HSMP Forum judicial review - Arrangements resulting from the judgement

If you made your initial application for an HSMP approval letter before 3rd April 2006, you are eligible to make an application for Indefinite Leave to Remain (ILR) under the HSMP Forum (UK) Ltd High Court judgement of 6th April 2009. Provided your initial application was made before 3rd April 2006, you will be able to apply under the judgement even if you did not receive the letter or subsequent Leave to Enter or Leave to Remain 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 judgement 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 already obtained ILR, having completed five years in the UK, you can request a one-off payment from UK Border Agency to cover the cost of the application you made to extend your leave to remain in order to complete the five year qualifying period. Please use the HSMP Forum Judicial Review 09 ILR - one off payment request form, which is available on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/siteco...

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. When you submit your ILR application, you may receive a one-off payment from UK Border Agency to cover the costs you paid to obtain your extension. This will be automatically triggered by the application if applicable, and you do not need to send a separate request.

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:

http://www.ukba.homeoffice.gov.uk/workin...

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.

4.  Points Based System

 
New Rules for Skilled and Highly Skilled Migrant Workers

 The following changes to the requirements for initial Tier 1 (General) and Tier 1 (Post Study Work) applications were announced by the Home Secretary recently, and come into effect for applications made on or after 31 March 2009.

New Rules - Tier 1 (General) initial applications:

Points will be awarded for PhD or Masters degrees. No points will be awarded for Bachelors degrees.

Points will be awarded for earnings of £20,000 or over. No points will be awarded for earnings below £20,000.

Applicants who currently have leave to remain under the Highly Skilled Migrant Programme; Writers, Artists, Composers or Self Employed Lawyers categories, and are applying to extend their leave to remain in the UK under Tier 1 (General) will not be affected by the changes announced by the Home Secretary.

New Rules - Tier 1 (Post Study Work)

Points will be awarded for Postgraduate Certificates in Education. Applicants will not be awarded points for any other Postgraduate Diplomas or Postgraduate Certificates.

Tier 1 (Post Study Work)
 
The International Graduates Scheme and Fresh Talent: Working in Scotland Scheme were replaced by Points Based System Tier 1 (Post Study Work), with effect from 30th June 2008.

You will need to complete a self-assessment before you complete the 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: http://www.ukba.homeoffice.gov.uk/workin...

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 licenced sponsor.

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:

http://www.fco.gov.uk/servlet/Front?page...

Alternatively, you can visit the comprehensive website of the UK Border Agency International Group at www.ukvisas.gov.uk

You will be able to apply to switch from Tier 1 (Post Study Work) to Tier 1 General, 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.

Tier 1 (Post Study Work) - IGS - Transitional Arrangement
 
If your leave to remain on the basis of IGS or SEGS expired before 30th June 2008, you will not be eligible to apply for an extension under Points Based System Tier 1 (Post Study Work).
You can apply under these transitional arrangements at any time if you have valid leave to remain under IGS or SEGS. However please note that you will need to meet the points requirement for maintenance. You will need to use application form Tier 1 (Post Study Work), which is available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
If your application is successful you will be granted further leave to remain, up to a combined total of two years in your existing category and the Post Study Work category, during which time you will be free to seek employment without having a sponsor.
Please note, you cannot make an application under these transitional arrangements if you are not in the UK.

 
 Tier 1 (General)
 
The Highly Skilled Migrant Programme has been replaced by Points Based System Tier 1 (General) - Highly Skilled Workers. You will 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, Fresh Talent: Working in Scotland Scheme, International Graduates Scheme (IGS), Innovator, Post Graduate Doctor or Dentist, Student, Student Nurse, Student re-sitting an exam, student writing up a thesis, work permit holder, business Person, Self-employed Lawyer, Writer, Composer or Artist, Tier 1 (Entrepreneur), Tier 1 (Investor), Tier 1 (Post Study Work), Tier 2 or Tier 4. If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance in this category.
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: http://www.ukba.homeoffice.gov.uk/workin...
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.
If your application is successful, you will be granted a maximum of three years leave to remain in the UK. During this time, you can seek employment without a sponsor or set up a business in the UK. You will not be able to take employment as a doctor in training, unless you previously held leave to enter or remain in the UK as a Highly Skilled Migrant, Postgraduate Doctor/Dentist, Innovator or Tier 1 (General) Migrant and you were not subject to a condition prohibiting employment as a doctor in training.
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:
&&http://www.fco.gov.uk/servlet/Front?page...
Alternatively, you can visit the comprehensive website of the UK Border Agency International Group at www.ukvisas.gov.uk

Tier 1 (General / Post Study Work / Entrepreneur) - Maintenance
 
When applying for Tier 1 (General, Post Study Work or Entrepreneur) from within the United Kingdom, applicants are required to submit documents showing they have had savings of at least £800 for at least three months before applying. 

If they are including dependants in their application, or applying separately for dependants, they 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 the main applicant or they themselves have at least £1,600 to support themselves.

The balance must be maintained at or above the required amount throughout the whole of the three month period. If it has dipped below the required balance at any time during the three month period, 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 relevant section of the UK Border Agency website.

 
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 a job offer that cannot be filled by the resident workforce, or to fill shortage occupations.
Intra Company Transfer - For a migrant transferring within a multinational company to a skilled post in a UK based branch of the company.
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, Missionary or a Member of a Religious Order.
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: PBS Tier 1 or Tier 2, Highly Skilled Migrant Programme, Innovator, Jewish Agency Employee, Member of the Operational Ground Staff of an Overseas Owned Airline, Minister of Religion, Missionary or Member of Religious Order, Overseas qualified nurse or midwife, Fresh Talent: Working in Scotland Scheme, International Graduates Scheme (IGS) / SEGS, Post Graduate Doctor or Dentist, Work Permit Holder, Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, Student, Student Nurse, Student re-sitting an exam, student writing up a thesis, Student Union Sabbatical Officer.
You will be able to apply to switch into Tier 2 (Intra Company Transfer) if you currently have leave to enter or remain as a Work Permit holder, where that leave was last granted as an Intra Company Transferee and you are still working for the same employer as you were at the time of the earlier grant of leave.
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.
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: http://www.ukba.homeoffice.gov.uk/workin...
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 and one month leave to remain in the UK, or in line with the Certificate of Sponsorship plus one month, if it has been issued for less than three years.
When applying under Tier 2 from within the United Kingdom, applicants are required to submit documents showing they have had savings of at least £800 for at least three months before applying. If the balance has dipped below £800 during the three month period, the maintenance requirement will not be met.
If dependants are applying at the same time or separately, they 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 the main applicant or they themselves 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. The letter from the Sponsor should be submitted with the application form.
The types of documents you need to send to support your application are described on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
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:
http://www.fco.gov.uk/servlet/Front?page...
Alternatively, you can visit the comprehensive website of the UK Border Agency International Group at www.ukvisas.gov.uk

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

 Points Based System Tier 4 opened 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 Visa Letter from an education provider which holds a Sponsor's Licence.

The educational establishment at which you intend to study is required to assess your academic ability to complete the course, and must provide evidence that they have done so. This may include the level or type of qualification you have obtained previously and the qualification awarding body and/or institution (if applicable). You must submit all the supporting documents listed on your Visa Letter with your application.

You also need to meet the applicable maintenance requirements, which vary according to your circumstances. Full details can be found on the Tier 4 application forms and guidance notes.
From 21st August we are changing the maintenance requirements under Tier 4 to allow all students of any age to use a bank account in their parent's name to evidence that they meet the maintenance requirement.
At present, under transitional arrangements, you will need to provide evidence that you have the required maintenance funds at the time you submit your application. You will not be required to demonstrate that you have held the funds for 28 days. However, you will still 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.
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:

http://www.ukba.homeoffice.gov.uk/studyi...

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: Tier 1 (Post Study Work), Tier 2 (General; Intra Company Transfer; Minister of Religion), Tier 4 (Child) Student, Prospective Student, Student, Student re-sitting an examination, Student Nurse, Student writing up a thesis, Student Union Sabbatical Officer, Work Permit holder, Science and Engineering Graduates Scheme, International Graduates Scheme, Fresh Talent : Working in Scotland Scheme. You can apply to switch into Tier 4 (Child) if you are currently in the UK with permission to stay as a Prospective Student or Student.

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), every migrant from outside the UK (except those applying under Tier 1) will need a Certificate of Sponsorship from a sponsor (Employer or Educational Establishment) 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:

http://www.ukba.homeoffice.gov.uk/managi...

5. Students

Students - Work

The student category of the Immigration Rules has been replaced by Points Based System Tier 4, with effect from 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 or under Points Based System Tier 4, for 6 months or more, may undertake employment for:

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

A student must not engage in business, self-employment or the provision of services as a professional sports person or entertainer. A student is not permitted to pursue a career by filling a permanent full-time vacancy.

You can continue working full time when your studies are completed for a period of four months or until your visa expires, whichever is sooner, whilst waiting for your examination results, prior to attending your graduation ceremony or before commencement of your new course.

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 university or course

 
If you already hold a student visa under the previous Immigration Rules, you can change your course or university 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 will need to advise the UK Border Agency of this change in writing to:
Notifications Team, Compliance Team South, 8th Floor, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.

Migrants who applied for their last Tier 4 visa on or after 5th October who wish to change their educational establishment will be required to submit a new charged Tier 4 application and submit new biometrics, prior to enrolling on their new course. Migrants will be unable to start their new course until the new Tier 4 visa has been approved.
Migrants who applied for their last Tier 4 visa before 5th October will not be required to submit a new charged Tier 4 application when changing educational establishment but should email [email address] with the following details 
the new course
the start and finish dates of the course   
the new education provider's name, address and contact details to obtain a letter of permission. 
There is no charge for this document. Migrants are able to start the new course before receiving the letter of permission providing they have informed us, but do so at their own risk as UKBA could refuse permission.
If you have leave to remain under Tier 4 and you wish to do a shorter course of study with your approved education provider, or if you wish to do the same or a different course of study with a new approved education provider, you must tell UK Border Agency.
Details of what information you need to send and where to send it to can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/studyi...
If your Tier 4 leave will expire before the end of the new course, you should submit a fresh Tier 4 application.
 
Students - Course Fees
 
Please contact your Educational Establishment or Local Education Authority for information about whether you are considered an overseas or home student.

6.  Marriage to a British or Settled Person
 
The fiancé(e) visa is issued for a 6 month period, during which time you would be expected to finalise your wedding plans and marry. Employment is prohibited under this visa. Once the marriage has taken place, you will need to apply for further leave to remain as a spouse on application form FLR(M).
The spouse visa is for a probationary period of 2 years, 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 this visa expires, on application form SET(M).
If the spouse 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.  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 this form, you are also applying for a biometric immigration document (or Identity Card for Foreign Nationals, ICFN) - there is no additional fee to pay for this. Please see point 3 above for further details.
If you did not enter the UK with Entry Clearance as a Fiancé(e) or Marriage Visitor, you may need to obtain a Certificate of Approval in order to marry. Information about the Certificate of Approval can be found on the UK Border Agency website at:
 http://www.ukba.homeoffice.gov.uk/visiti...

7. 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(BID) 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.
By completing this form, you are also applying for a biometric immigration document (or Identity Card for Foreign Nationals, ICFN) - there is no additional fee to pay for this. Please see point 3 above for further details.
Further information and the application form are available on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/siteco...

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.

8. Working Holidaymakers - Employment
 
Working Holidaymakers must not intend to spend more than 12 months of their stay in employment, and must intend to spend the rest of their stay holidaying. You may not engage in business or provide services as a professional sports person and you may only engage in work for a maximum period of 12 months in total throughout your stay. You may choose when to work and when to take your holiday breaks as you wish, but those who exceed the maximum 12 month period of work permitted will be in breach of their conditions. The following guidance should be used in order to calculate the total period to be spent in permitted work

As an employee:
The maximum 12 months period of permitted work is calculated on the basis of the total period spent in employment (including weekends and any leave of absence, e.g. sick leave, annual leave and public holidays that occur during a period of employment), not on the basis of the actual number of days worked. This guidance applies whether the employment concerned is full-time or part-time, and whether the Working Holidaymaker is employed by an agency or any other employer.

Self-employed:
If a Working Holidaymaker engages solely in self employment during his stay in the category, and so is paid by the persons or companies (whether located in the United Kingdom or overseas) for whom he provides services only for the actual work he performs, and has not at any stage during his stay been an employee employed for any periods of time by an employer, he may spend up to a maximum of 365 days working during his stay as a Working Holidaymaker.

Employee and self-employed:
If you have spent some time as an employee and some time self-employed, the total period spent as an employee (see above) should be subtracted from the 12 month period in which work is permitted, when calculating in days the period that remains available to be spent in self-employment.

If you are employed on one job and self-employed on another at the same time, the period spent in work should be calculated on the basis of the period spent in employment as an employee, not in self-employment.

Signed with an employment agency:
If you sign up with an agency you are declaring that you are 'available' to take up work. It is not until you actually 'engage' in work that it can be counted as actual employment. Only periods of actual employment count towards the maximum permitted 12 months work.

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 (e.g. Tier 1 (General), Tier 2 (Highly Skilled) or Tier 5 (Temporary Worker). 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.

9. 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 application form FLR(O), or PBS (Dependant) if you were granted leave to remain under the Points Based System, in order for them to be granted leave to remain as your dependant.

On form FLR(O), the baby's details should be entered in Section 1 - Applicant's Details. On form PBS (Dependant), the baby's details should be entered in Section 2 - Dependant's Details. You should enclose your own passport 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.

10.  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:

http://www.ukba.homeoffice.gov.uk/ukresi...

11.  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 dates shown on an Indefinite Leave to Enter Entry Clearance (EC) vignette are a guide to the holder for travel purposes only or relate 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 the your, "No time limit "status remains extant.

 
 
12.  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.
Alternatively, if you have Limited Leave to Remain and you have retained your old passport, you may travel with both the old and the new passports.
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 TOC or NTL application.

13.  Report 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 e-mail to this address.  (You do not need to re-send the information if you have already done so.)
We may 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.
To enable us to send your information quickly to the local immigration team closest to the offence you are reporting, please help us by putting the name of the town or the postcode in the subject line (title) of your e-mail. Please give us as much information as possible about the immigration offence, including names, home and work addresses, to help our investigation.
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 you have read this message and looked on the UK Border Agency website, but you have not found the information you require, please re-send your enquiry with "FAQ" in the subject/title line to:
[email address]

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Link to this

From: Mustafa M

23 December 2009

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Form Set(o) Economic Activity proof
covering what duration?'.

Whoever from UK border agency responsible to answer questions
should be more responsible and should appreciate the need of
someone who came on this website to ask his question, and should
not assume the person asking a question is stupid enought that he
cannot visit Border agency website and check for information which
was pasted from the generic reply format as a reply.
The question asked was very specific to a point in the Form Set(o)
( if the person replying has some knowledge of the forms Border
Agency uses and he must have this basic information before being
appointed to answer questions) Details about the point from the
form in subject are not available in the guidelines or the website
hence a precise answer was expected not someone just pasting the
general requirements and rules for HSMP!

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

Yours faithfully,

Mustafa M

Link to this

From: Freedom Of Information Team \( IND \)
UK Border Agency

6 January 2010

Dear Sir/Madam,

Thank you for your request for an internal review. Your enquiry has been
dealt with outside of the Freedom Of Information Act therefore, we are
unable to complete an internal review for your enquiry. If you wish to
request this information under the Freedom Of Information Act, we will
deal with your request under the provisions of the Freedom Of
Information Act.

Yours Sincerely

Freedom Of Information Team
UK Border Agency

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Link to this

From: Mustafa M

8 January 2010

Dear Freedom Of Information Team ( IND ),

Can you please make another request to Home office requesting
precise answer to my question, their long answer does not answers
my question.

Yours sincerely,

Mustafa M

Link to this

From: Freedom Of Information Team ( IND )
UK Border Agency

2 February 2010

Dear Mr Mustafa

Thank you for your Email.

In order to assess whether your request falls to be considered under the
Freedom of Information Act we kindly request that you provide us with
details of your original enquiry.

Your sincerely
Freedom of information Team
UKBA

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Link to this

From: Mustafa M

2 February 2010

Dear Freedom Of Information Team ( IND ),
Here is my original question to Home Office to which they just
pasted their usual FAQ instead of answering it. Their FAQ did not
answered my question and that was the reason this question was
asked.
"
Dear UK Border Agency,

In the Form Set(o) Point 9G states proof must be submitted to show
economic activity in UK, does it mean payslips and bank statements
for the last 5 years needs to be submitted or is it for the last x
months? If later what could be the x months

Yours faithfully,

M"

Yours sincerely,

Mustafa M

Link to this

From: Mustafa M

7 February 2010

Dear Freedom Of Information Team ( IND ),

I have requested information about the Form Set(o) point about
Economic Activity proof, I wanted to know documents covering what
duration is required to be submitted, is it for the last 5 yrs or
for a specific period, I need this information to maintain the
required documentation for the submission of the application form.

Yours sincerely,

Mustafa M

Link to this

From: Freedom Of Information Team \( IND \)
UK Border Agency

8 February 2010

Dear Sir,
As this is a request relates to your personal circumstances, it does not
fall to be answered under the Freedom of Information Act. Your enquiry
has been forwarded to the Public Enquiries section to answer.
Kind regards

Freedom of Information Team
UK Border Agency

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Link to this

S Garg left an annotation (12 February 2010)

Quote-marks Hi Mustaffa,

You may want to see this response to my similar question. which really answers your question too.

http://www.whatdotheyknow.com/request/ec...

Shashi

Link to this

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