Baya Immigration Legal Services
4 Contributions by Baya Immigration Legal Services Experts
PRACTICE NOTES
Changes in a person’s circumstances which occur after the grant of entry clearance or permission:
can result in cancellation or curtailment of a person’s stay in the UK where their leave to enter or remain is limited, and
will frequently need to be notified to the Home Office
Notifying the Home Office of a significant change of circumstances can, in itself, prompt cancellation or curtailment. This Practice Note addresses both matters.
The withdrawal of a person’s permission is described as:
cancellation, when this happens at the port of entry or while the person is outside the UK, or
curtailment, when the individual is already in the UK
From 1 December 2020, the Immigration Rules, Part Suitability (and before it, Part 9) no longer uses the term curtailment, referring instead to cancellation throughout. For the purposes of the Rules,
Immigration
PRACTICE NOTES
The Parent of a Child Student route
Under the Immigration Rules, Appendix Child Student, the Parent of a Child Student route allows a parent to travel with, or later join, a child who either already holds, or is concurrently seeking, Child Student permission as defined there. The child must be between four and 11 years old and enrolled at an independent, fee‑paying school in the UK, which cannot be a state school or academy anywhere. This immigration route permits only one parent of the child to be present in the UK. Introduced on 24 April 2015, it replaced the ‘parent of a child at school’ route and at that time was titled ‘Parent of a Tier 4 (Child)’. From 5 October 2020, in line with the replacement of the Tier 4 (Child) category, it adopted the name Parent of a Child Student for this
Immigration
Q&As
Refer to the relevant Practice Notes: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability (covering pre-revenue businesses) and Applying for a Workers and Temporary Workers sponsor licence: procedure (concerning licence re-application).
Cooling off period and who it applies to
If a sponsor licence application is refused, the Home Office will, in most cases, impose a cooling off period. This is typically six months, though in some situations it can be as long as five years. The Home Office may choose not to apply the cooling off period, for example where documents were provided late, or where a representative submitted the application. See Practice Note: Applying for a Workers and Temporary Workers sponsor licence: procedure/cooling-off periods...
Immigration
Q&As
A Sponsor may submit applications for multiple licence tiers concurrently; however, in the scenario raised in this Q&A it would be unwise, as approval of one would, by necessity, preclude success of the other. For a Skilled Worker licence (a Worker route), one of the criteria is that the company is lawfully operating or trading in the UK. The Home Office has, of late, taken a firm stance in rejecting Sponsor Licence applications under the Skilled Worker route where the business is not yet producing income—often described as ‘pre‑revenue’. Although limited cases exist in which a pre‑revenue enterprise might still obtain a licence, the prevailing position now is that such bids are typically declined. This reflects current Home Office practice today...
Immigration
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