Your Questions Answered

Q.   I have a criminal conviction. Can I apply for Indefinite leave to Remain? 


If you have a criminal conviction and are currently otherwise eligible for indefinite leave to remain and wish to apply for it, we may need to assess your case i.e. nature of offence, whether the conviction resulted in a  custodial sentence or non-custodial sentence, if the conviction is such that will not be considered spent for the purpose of immigration etc. Therefore, each case will be different and so without knowing details it is not possible to give an accurate answer. 


Q. Will three points for speeding on my driving licence affect my British citizenship application?   


If that is the only offence you have and you otherwise meet all the requirements for British citizenship application, you may be able to make an application for British citizenship and this should not have an impact on the application, provided you were given fixed penalty point and fine and did not go to the Court. 

Q. Can I meet financial requirement for a Spouse visa throuogh irregular income?


Yes, it is possible to meet the financial requirement under Appendix FM for a spouse visa through irregular income if your irregular income will still meet the requirement of £18600 gross per annum based on your actual average earnings for the past six months prior to the date of the application. 


Q. Can I get a Software Engineer from abroad to work for my company in the UK?


Yes, it may be possible, if your company requires a special skills in IT, which you are genuinely struggling to find in the UK from within the settled workforce and you can prove that to the Home Office then you may be granted a sponsor licence by the home Office to sponsor a migrant to work for you in the UK for this position. 

Q. Can I establish any type of business in the UK as a Tier 1 (Entrepreneur) migrant?


As a Tier 1 (Entrepreneur) migrant you can establish any business in the UK which is legally permitted, except any business that is related to property i.e. you can not establish a business of buying and selling properties or buy and rent the properties or any such related business. 


Q. My husband's spouse visa has been refused. Should I appeal against it or make a new application?


It depends on the reasons for refusal and whether you provided the correct evidence with the application to meet the requirements of Appendix FM. If you did not provide the correct evidence then it will not be advisable to lodge an appeal against the refusal decision. It may then be better to make a fresh application with the correct documentary evidence as it will be quicker and will have higher chances of success.