What amounts to travel disruption in COVID-19 related Long Residence cases?
The legal framework and the Home Office’s approach
The COVID-19 pandemic may have ended as a global emergency, but its impact continues to surface in UK immigration cases, particularly those involving applications for settlement based on ten years’ lawful residence, commonly known as the Long Residence route.
For many applicants, difficulties arise where the total allowable absences of 548 days have been exceeded as a result of lengthy trips abroad during the pandemic. In such cases, applicants may seek to have COVID-19-related absences disregarded on the basis of “travel disruption”.
However, what exactly amounts to travel disruption?
The answer is not always straightforward. Whilst the Immigration Rules expressly recognise, in paragraph CR 3.4 of Appendix Continuous Residence, “travel disruption due to natural disaster, military conflict or pandemic”, they do not define the term “travel disruption”.
The Home Office guidance to caseworkers offers little further clarity
“You should confirm, using publicly available and credible sources, that there was a natural disaster, military conflict or pandemic at the relevant time which caused travel disruption. The Foreign and Commonwealth Office travel advice pages on GOV.UK may be helpful to confirm this. You should normally expect the applicant to provide evidence of how their ability to travel to the UK was affected, for example, evidence of disruption to planned travel arrangements.”
In practice, the key question is whether the applicant’s prolonged absence resulted from circumstances outside their control rather than a voluntary decision to remain abroad.
This distinction is often decisive.
The clearest example of travel disruption involves an applicant who purchased a return ticket to the UK but was unable to travel because the flight was cancelled, rescheduled, or otherwise disrupted by pandemic-related restrictions. Documentary evidence of cancelled flights, airline notifications, border closures, or travel bans can provide compelling proof that the applicant intended to return but was prevented from doing so.
This scenario frequently arose in cases involving international students who returned to their home countries at the beginning of the pandemic following guidance from their educational institutions, only to discover that they were unable to return to the UK because of airline cancellations, lockdowns, or entry restrictions.
However, the reality of the pandemic was often more complicated.
In the early stages of COVID-19, international travel became highly unpredictable. Flight routes were suspended with little notice, entry requirements changed rapidly, and ticket prices increased significantly. Not every individual was in a position to purchase a return ticket before departing the UK.
For such applicants, demonstrating disruption to planned travel arrangements may be considerably more challenging. The challenge can be further compounded where the applicant was able to continue working or studying remotely from abroad. In those circumstances, the Home Office may be tempted to conclude that the applicant simply chose to remain overseas.
Our Immigration Team has represented clients seeking settlement under the Long Residence route in cases of varying complexity. For tailored advice and assistance, please do not hesitate to contact our Immigration Team.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Parent of a Child Student Visa UK: Complete Guide for Parents
The Parent of a Child Student visa allows one parent to live in the UK while caring for a child who is studying at an eligible independent school under the Child Student visa route.
This visa is designed for international parents whose child is aged between 4 and 11 and is attending an independent fee-paying school in the UK. It is a temporary immigration route and does not provide a direct route to settlement.
This guide explains who can apply, the financial requirements, visa restrictions, extensions and common application issues.
What is a Parent of a Child Student Visa?
A Parent of a Child Student visa enables a parent to come to or remain in the UK to care for their child during the child’s studies.
The child must:
- hold, or be applying for, permission under the Child Student route;
- be aged between 4 and 11 on the date of the parent’s application; and
- attend, or intend to attend, an independent fee-paying school that meets the requirements of the Child Student route.
The parent must intend to live with the Child Student during their stay in the UK. The school must not be a state school or academy.
Who Can Apply?
You may be eligible for a Parent of a Child Student visa if:
- you are aged 18 or over;
- you are the parent of a child who has, or is applying for, a Child Student visa;
- your child is aged between 4 and 11 when you apply;
- your child is attending an eligible independent fee-paying school;
- you intend to live with and care for your child in the UK;
- the child’s other parent is not living in the UK and is not seeking to come to the UK;
- you have sufficient funds to support yourself and any additional children in your care; and
- you do not intend to make the UK your main home.
The application can be made from outside the UK or, where permitted, from inside the UK to extend existing permission. The applicant must obtain entry clearance before travelling to the UK if applying from overseas
Can both parents accompany the child?
No. Only one parent can hold permission under the Parent of a Child Student route.
The child’s other parent must not be in the UK or seeking to come to the UK. Separation, divorce or an assertion that one parent has sole responsibility does not, by itself, remove this requirement under the Parent of a Child Student rules.
The other parent may be able to visit the UK separately, provided they satisfy the requirements of the relevant visitor route. They cannot use a visitor visa to live in the UK or to accompany the child on a long-term basis.
Can other children accompany the parent?
Additional children may be able to accompany the parent if they also hold, or are applying for, permission under the Child Student route.
Other family members cannot be included as dependants under the Parent of a Child Student route. They may need to consider a separate immigration category, such as the visitor route, if they wish to come to the UK temporarily.
Financial Requirements
The parent must demonstrate that they can support themselves and any additional children without relying on public funds.
Where the relevant exemption does not apply, the parent generally needs to show:
- £1,560 for each month of the intended stay, up to a maximum of nine months; and
- £625 for each month, up to a maximum of nine months, for each additional child who will be under the parent’s care in the UK.
The applicant must also have sufficient funds to maintain their main home outside the UK. This is in addition to the funds required for living expenses in the UK.
The financial evidence will usually need to show that the required funds have been held for the prescribed 28-day period, subject to the evidential requirements in Appendix Finance.
Some applicants may not need to provide financial evidence. For example, an applicant applying to extend permission who has been lawfully in the UK for at least 12 months may satisfy the financial requirement without showing funds.
Restrictions Under This Visa
A Parent of a Child Student visa is subject to significant restrictions. The visa holder cannot:
- undertake paid or unpaid work;
- establish or run a business;
- study;
- access public funds; or
- make the UK their main home.
The purpose of the route is to enable the parent to care for the Child Student temporarily. It is not intended to provide a general right to work, study or settle in the UK.
Does This Visa Lead to Settlement?
The Parent of a Child Student route is not itself a settlement route, and time spent on it does not directly qualify the parent for indefinite leave to remain under this category.
However, lawful residence on many immigration routes may contribute towards the 10-year continuous lawful residence period under the long-residence rules. Eligibility depends on the applicant’s complete immigration history, permitted absences, continuity of residence and the rules in force at the time of application.
Applicants should obtain tailored advice before relying on time spent as a Parent of a Child Student when planning a long-residence application.
Common Practical Issues
Applicants should take particular care with:
- proving the parent-child relationship;
- confirming that the child has, or is applying for, Child Student permission;
- demonstrating that the school is an eligible independent fee-paying school;
- explaining the arrangements involving the child’s other parent;
- providing financial evidence in the correct form and covering the required period;
- demonstrating that the parent will live with and care for the child;
- showing that the UK will not become the parent’s main home; and
- ensuring that accommodation and care arrangements are suitable.
An application may be delayed or refused if the evidence is incomplete, inconsistent or does not address the specific requirements of Appendix Parent of a Child Student.
How We Can Help
At Chan Neill Solicitors, our immigration team advises international families on UK education-related immigration routes.
We can assist with:
- assessing eligibility for a Parent of a Child Student visa;
- reviewing the child’s Child Student visa and school arrangements;
- preparing the parent’s application and supporting evidence;
- advising on financial and accommodation documentation;
- addressing issues concerning the child’s other parent;
- advising on extensions and future immigration options; and
- liaising with the Home Office where appropriate.
If you are considering accompanying your child to the UK, our immigration solicitors can advise on the requirements and help you prepare a properly documented application.
Global Talent Endorsement – Practical tips
The UK Global Talent visa has grown in popularity due to high freedom of employment without sponsorship for eligible leaders or potential leaders, as well as a quicker pathway to settlement for talent endorsees. The eligible candidates are endorsed in the fields of academia or research, arts and culture as well as digital technology.
At Chan Neill Solicitors we have been fortunate to work with the most talented applicants as well as potential leaders in their respective fields. Each application is different due to the endorsement requirements and the candidate’s skills and experience; however, there is one aspect that ought to be present in every single application: a perfectly executed narrative.
Essentially, a narrative is a series of events, a story, that has to be executed with a clear and engaging structure. When viewed from the Global Talent endorsement application perspective, it is an account of the applicant’s skills, education and professional experience, highlighting technical knowledge and personal attributes through well-executed documentary evidence and a visible public profile.
The latter requires special attention as an outdated or non-existent public profile, for example, LinkedIn, restricts the perception of the applicant’s professional identity. Another factor that limits the perception is a lack of external validation. Corroborations from independent third-party sources are essential to prove the industry recognition of the applicant’s work and the impact of that work on the wider sector.
When it comes to highlighting skills and professional experience, materially, supporting documents must be well organised. It is incumbent on the applicant to present the information clearly and coherently to avoid misunderstanding by the endorsement committee.
The endorsement rejection should not be seen as a failure, but rather as an opportunity to correct the omissions. In most cases, it is advised to proceed with the Administrative Review of the endorsement decision in an attempt to gather further feedback to benefit a fresh application.
Lastly and most importantly, the applicants must recognise their own accomplishments, which is a foundation for a strong endorsement application.
At Chan Neill Solicitors, we offer:
- Consultation service designed to review the applicant’s experience as well as public profile and provide directions for presenting a strong endorsement application;
- Document Checking Service, that includes the review, check and examination of a fully completed endorsement application bundle as well as written feedback on identified errors or omissions;
- A full representation service that offers the application strategy, advice on evidence and referees selection and feedback on drafts, as well as assistance with the application preparation and its submission to the endorsing body;
- Assistance with Administrative Review application preparation and submission.
Do not hesitate to contact our Immigration Team for legal advice and assistance.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
What permission do I need to visit the UK?
Back in the day, the United Kingdom had a manual visa-free entry method for non-visa nationals, who simply had to physically appear at the UK Border and were allowed entry as a visitor for a period of up to 6 months. This changed in May 2023, when the UK Government introduced the Electronic Travel Authorisation (commonly known as ETA) to strengthen border security and digitise immigration.
The ETA is a digital permission to travel to the United Kingdom. It was first launched on the 25th of October 2023 for Qatari nationals, acting as the initial phase of a wider rollout and the first step toward the UK’s transition to the digital immigration system.
On the 1st of February 2024, the ETA was extended to other Gulf Cooperation Council States, namely, Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the UAE. On the 27th of November 2024, the ETA was opened for other non-European nationalities, including the USA, Canada, Australia and New Zealand.
The UK Electronic Travel Authorisation (ETA) scheme was opened to additional nationalities in March last year. Although European nationals were expected to begin applying from April 2025, the ETA did not become mandatory at that stage.
Mandatory enforcement will instead begin on 25 February 2026, at which point all eligible non-visa nationals travelling to the United Kingdom, including European nationals, must hold a valid ETA prior to travel.
An up-to-date list of eligible nationalities is available on the UK Government website: https://www.gov.uk/guidance/check-when-you-can-get-an-electronic-travel-authorisation-eta
At the time of writing, the ETA costs £16. The application process implies the submission of an application form, which can be done via the UK ETA app (available on Google Play and the App Store) or online. The process time varies from 1 to 3 working days, with further delays possible. More information about how to apply can be found here: https://www.gov.uk/eta/apply.
The ETA is valid for 2 years or until the passport, which was used during the application process, expires, whichever is sooner.
The carriers can deny boarding to anyone who requires an ETA but does not have one.
What if I am a visa national?
For visa nationals, the process of acquiring the right to enter the UK as a visitor involves a submission of a visa application and attendance at a designated Visa Application Centre, often in a country of residence, to submit biometric data.
As part of the UK’s wider transition to a fully digital border, physical entry clearance vignettes are being phased out in favour of eVisas, which are digitally linked to a traveller’s passport. While the exact date on which all visa nationals will move entirely to eVisas has not been formally confirmed, it is clear that from 25 February 2026, all travellers to the UK will be required to hold either a valid ETA or an eVisa linked digitally to their passport.
Essentially, an eVisa is a digital record of UK immigration status containing conditions of stay. Upon a successful visitor visa application, the applicant will be given instructions on how to create a UKVI account and how to demonstrate a valid permission to enter the UK to the carriers and at the UK border.
British dual nationals
This cohort of travellers does not require an ETA or eVisa. They can travel on a valid British passport or a passport endorsed with a Certificate of Entitlement (CoE). On the 26th of February 2026, the CoE vignettes will be replaced by a digital CoE and will not require renewal when a passport expires. Instead, the CoE holders will be able to update passport details via their UKVI account for free.
Other travellers
Certain individuals do not require an ETA or eVisa because they are exempt from the UK Immigration control. From the 25th of February 2026, this group of travellers will receive a Digital Record of Exemption, which will replace a physical exempt vignette in a passport.
The holders of Home Office Travel Documents, such as Commonwealth citizens and foreign nationals (often refugees), as of the 26th of February 2026, will be able to automatically link their status to the UKVI account.
Do I need a lawyer to assist with ETA and eVisa?
When applying to visit the UK, visa nationals (eVisa applicants) and non-visa nationals (ETA applicants) must meet the relevant Immigration requirements, which, at the time of writing, are set out in Appendix V: Visitor of the Immigration Rules.
For most applicants, the visa application process is usually straightforward and does not require legal assistance. However, applicants with a past or present criminal records, offences, and visa refusals, or activists should seek legal advice on eligibility under the Immigration Rules, to avoid disappointment of receiving a refusal.
At Chan Neill Solicitors LLP, we have decades of experience in assisting a wide range of travellers to the United Kingdom. Do not hesitate to contact our Immigration Team for advice and assistance.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Sponsorship License Compliance visit – top tips
According to the UK Visa & Immigration Transparency Data, by Q3 of 2025, there were 127,859 licensed sponsors under the Skilled Worker, Student and Temporary Worker routes, which is 3.8 times more organisations that can sponsor migrant workers than in Q4 of 2019 (pre-Brexit).
The Transparency Data provides insight into the number of new sponsor applications submitted each quarter, but is unhelpfully silent on the refusal percentage of the submitted applications.
What is revealed is the number of suspended and revoked Sponsorship Licenses. For example, in Q3 of 2025, there were 608 Licenses suspended and 541 revoked, which is a staggering increase from 2 suspended and 2 revoked Licenses in Q3 of 2021.
Our Experience with Sponsor Licence Compliance Visits
At Chan Neill Solicitors, we have been assisting Licensed Sponsors for many years. We cannot help but notice an increase in the Home Office Compliance visits and Skilled Worker Interviews in recent months. Given the number of revocations and suspensions, as well as the measures that have been and yet to be implemented by the UK Government aimed at the reduction of net migration, the Home Office’s tougher approach is apparent, and the Sponsoring organisations should take their duties and obligations as ever seriously.
This article is primarily aimed at assisting existing License holders with the preparation for the Home Office Compliance visit, but can also serve as a reference point to the prospective sponsors in the preparation for their Pre-License Compliance visits.
There have been reports that the Home Office is moving towards Digital Compliance visits, which are conducted remotely via digital platforms such as MS Teams. While Digital inspections are currently more common in Skilled Worker visa application interviews, in our experience, for Sponsorship License Compliance visits, in-person checks remain the standard practice.
The visit usually lasts 2-3 hours, during which time a series of questions are asked about the company’s nature of business, operations and current CoS allocation, practices used to monitor immigration status and preventing illegal working, maintaining worker contact details, record keeping and recruitment practices, migrant tracking and monitoring, as well as about general sponsor duties.
In particular, the Licensed sponsor must be ready for the following line of questioning and have all the necessary documents prepared for the visit. Note: the interviewee is the company’s Authorising Officer as mentioned on the License.
General Information:
- Full name, date of birth and nationality of the interviewee.
- Interviewee’s position within the organisation.
- Company’s incorporation date.
- Information about current Directors and Shareholders.
- Company’s name and the nature of the business.
- Business address.
- Company’s operational hours.
- Company’s official website.
- Current CoS allocation limit and justification for the current undefined CoS allocation.
- Email address that is accessible by the Authorising Officer.
- Who submitted the Sponsorship License application?
- How members of staff are being paid.
- Tip: Prepare to provide the company’s business bank statements and employees’ payslips.
- What is the company’s pension scheme?
- Has the company requested a refund of a CoS and Immigration Skills Charge from a sponsored worker?
- What funds does the company have available to fund employees’ salaries?
- Tip: Prepare to provide the current contract for services, invoices and other relevant documents.
Monitoring immigration status and preventing illegal working:
- How many members of staff are currently employed, and an explanation of their roles.
- Number of migrant workers employed.
- Procedure used to conduct a right-to-work check.
- Tip: Prepare to present each worker’s valid passport and eVisa (or other form of permission).
- How expiry dates of passports/visas are monitored.
- Tip: Prepare to demonstrate the system currently in place.
Maintaining Worker Contact Details:
- What HR system is currently in place?
- System used to monitor contact details (historical data).
- Tip: Prepare to demonstrate the system currently in place.
- How the changes are recorded.
Record Keeping & Recruitment Practices:
-
- Tip: Prepare to provide the company’s up-to-date hierarchy chart.
- What vacancies are available?
- Tip: For employees that require sponsorship, prepare to provide information about job title, SOS Code, salary and weekly working hours.
- What are the company’s recruitment practices?
- Tip: Prepare to demonstrate past and present job advertisements.
- Tip: Prepare to demonstrate CVs and Interview Notes for all candidates who have applied for a job for which a migrant worker was identified.
- Tip: Be prepared to provide an explanation why each candidate was suitable/not suitable for the role on offer.
- Tip: Prepare to provide employment contracts for current employees and a job description for prospective employees.
Migrant Tracking & Monitoring:
- The company’s policies regarding annual leave and how annual leave is requested.
- How the employees’ attendance is monitored.
The questions may have different phrasing, but maintain the underlying purpose of inspecting the compliance with duties and obligations as a Licensed sponsor.
Upon the conclusion of the interview, the interviewee has an opportunity to review the Compliance Officer’s written notes and request corrections if necessary. The interview notes are then passed onto the case working team who makes the final decision.
- Final tip: The interview notes must be read thoroughly before signing to check for any incorrectly recorded information.
To stand the best chance at a successful interview, at Chan Neill Solicitors LLP, we offer Licensed Sponsors service to prepare them for the Compliance Visit, including a mock interview and review of the company’s practices and documents. Do not hesitate to contact our Immigration Team for more information.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Earned settlement – what we know so far?
The UK Government’s intention to introduce changes to the standard qualifying period for permanent residence (also known as indefinite leave to remain or settlement) was first heard of in the 12th of May 2025’s White Paper.
On the 20th November 2025, the Home Office published a statement and accompanying consultation on earned settlement, which shed light on what the new earned settlement rules may look like. The consultation is now open until 11.59 pm on the 12th of February 2026, and the changes are expected to start being implemented in the April 2026 Statement of Changes.
Most welcome news is that the spouses and dependents of British Citizens and British Nationals (Overseas) Citizens on Hong Kong route will be unaffected by the proposed changes. Note that parents in the ten-year route may still be caught by the reform. The other unaffected groups are those under the EU Settlement Scheme, Windrush Scheme and HM Armed Forces.
The most distressing news is that there may be no transitional arrangements for those currently in the UK on a route to settlement. Those who may be affected by the reform should participate in the consultation (link is below) and “strongly disagree” with the question To what extent do you agree or disagree that there should not be transitional arrangements for those already on a pathway to settlement?
The gist of the change is to grant settlement on the basis of contribution to the UK rather than after a fixed period. Earned settlement is to be based on a “time adjustment” model built on four core pillars: character, integration, contribution and residence.
The default qualifying period (also called the baseline) will be 10 years, with the exception of certain groups or individuals and 20 years for those recognised as refugees. There will be three mandatory requirements when applying for settlement, namely:
Suitability:
- Requirements in Part Suitability must be met
- No current litigation, NHS, tax or other government debt
Integration:
- English Language Requirement – level B2
- Life in the UK test
Contribution:
Annual earnings above £12,570 for a minimum of 3 to 5 years, in line with the current thresholds for paying income tax and National Insurance Contributions (NICs), or an alternative amount of income
If the mandatory requirements are met, considerations will be given to the baseline period, which can be adjusted upwards or downwards.
The table below sets out the proposed considerations that will reduce the baseline period:
The following considerations will increase the baseline period:
The other proposed changes are:
- The qualifying period for settlement of adult dependents of economic migrants will be separately determined based on their own attributes and circumstances.
- Minor children of economic migrants will be eligible to be granted settlement in line with their parents.
- A cut-off point linked to the age of dependent children may be introduced to transition to an immigration pathway and progress to settlement in their own rights.
- The Long Residence route will be scrapped.
- An increase in the baseline qualifying period to 15 years for those in the Skilled Worker route in a role below RQF level 6 (equivalent to a bachelor’s degree).
To reiterate, the above is subject to a consultation, and anyone who is interested should take part: https://ukhomeoffice.qualtrics.com/jfe/form/SV_1yMmiaG7zqwPuM6
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
What to expect from the Home Office during the Skilled Worker interview
With the increase in the number of Licensed sponsors and subsequently in the number of work visa applications, the Home Office interviews became more common.
The purpose of the interview is to assess the applicant’s eligibility for the role on offer, including their education, relevant qualifications and work experience and that the role that the applicant is being sponsored to do genuinely exists, not s sham and has not been created mainly to gain entry to the United Kingdom.
For the entry clearance application, the Home Office interview is conducted virtually, with the applicant being seated in front of a computer at the VAC in the country of nationality. The legal representative can be present and provided with a link to the conference call upon request. The interpreter can be requested if the applicant prefers to be interviewed in their native language.
In this article, we would like to list the questions for a Full Stack Software Developer role:
- Q1: The applicant is asked to confirm their full name, date of birth and nationality;
- Q2: The applicant is asked whether they hear the interviewer clearly and can understand what is being said;
- Q3: The applicant is asked whether they are happy with the interview being recorded;
- Q4: The applicant is asked whether they are fit and well enough to be interviewed;
- Q5: The applicant is asked to answer questions slowly and clearly because the questions and answers are being typed;
- Q6: The applicant is informed that they can ask for the questions to be repeated or rephrased;
- Q7: The applicant is asked not to take pictures, and whether anyone was with them in the interview room;
- Q8: The applicant is asked not to speak to anyone during the interview, including their legal representative. The legal representative can comment at the end of the interview;
- Q9: The applicant is asked whether anyone assisted them with the documents for the visa application;
- Q10: The applicant is asked whether they want to provide any information they forgot to include in their application;
- Q11: The applicant is asked whether their Sponsor asked them to pay any fees;
- Q12: The applicant is asked what relevant training or education they have to take on the sponsored role;
- Q13: The applicant is asked to provide details of the sponsor in the UK, including their name, office address and the nature of business;
- Q14: The applicant is asked to name a line manager for the sponsored role;
- Q15: The applicant is asked to provide job duties on a day-to-day basis;
- Q16: The applicant is asked to clarify why they were chosen for the role;
- Q17: The applicant is asked what are key considerations are when designing a scalable system;
- Q18: The applicant is asked to define “arise”;
- Q19: The applicant is asked how they approach debugging;
- Q20: The applicant is asked how they write code that is sustainable and reusable;
- Q21: The applicant is asked to define “Test-driven development”;
- Q22: The applicant is asked to define “Integrated development environment”;
- Q23: The applicant is asked what a computer programmer does;
- Q24: The applicant is asked what programming language they use in their work;
- Q25: The applicant is asked to define “Agile methodology”;
- Q26: The applicant is asked what Front End and Back End mean in relation to programming;
- Q27: The applicant is asked what considerations should be made to ensure a functional and responsible interface;
- Q28: The applicant is asked when the code is clear and testable, and when it is badly written;
- Q29: The applicant is asked to describe what happens in a code review;
- Q30: The applicant is asked what steps they take to ensure the data they work on can be relied upon;
- Q31: The applicant is asked how they collaborate with other developers to deliver features;
- Q32: The applicant is asked how they found out about the job in the UK and whether they were interviewed for the job;
- Q33: The applicant is asked about their prospective weekly working hours and salary;
- Q34: The applicant is asked whether they have applied for any other jobs in the UK;
- Q35: The applicant is asked to confirm their work address in the UK, including post code;
- Q36: The applicant is asked where they will reside in the UK and how they will get to work from their residential address;
- Q37: The applicant is asked about their current job, namely the name of the company they work for, their duties and salary, the company’s size and the names of their line managers, the company’s address;
- Q38: The applicant is asked whether they have any relatives in the sponsoring company;
- Q39: The applicant is asked about any relatives living in the UK, including their full names and residential addresses;
- Q40: The applicant is asked about the highest level of education, where they studies and what grade they achieved.
It is evident that the Home Office goes into great detail to ask the applicant very specific questions about the sector knowledge, and the applicant should look out for tricky questions. If the question is too generic, the applicant should ask the interviewer to narrow it to ensure an accurate answer. If the question does not directly relate to the applicant’s experience, this should be explained to the interviewer rather than trying to come up with an answer which may not be accurate.
We hope that this article will assist prospective applicants and their legal representatives in their preparation for the Home Office interview.
At Chan Neill Solicitors, we provide a wide range of corporate services to prospective sponsors, Licensed sponsors, as well as assistance with visa applications under the work routes, including the preparation for the Home Office interview. Our immigration team has over a decade of practical experience in Immigration Law, and we take on cases with a high degree of complexity. Do not hesitate to reach out for advice or assistance.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Acquisition of British Citizenship for Irish
On the 22nd of July 2025, the British Nationality (Irish Citizens) Act 2024, which introduces section 4AA of the British Nationality Act 1981, will come into effect, implementing a simpler and cheaper process for Irish citizens of any age to apply for British citizenship. This act introduces a swifter application process for Irish citizens residing in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man, avoiding obstacles that any other national would face.
One of the many simplified requirements in registration for the Irish includes a fee reduction to £723 for adults and £607 for children. As well as this, it is no longer necessary for the Irish to sit the Life in the UK test or display proof of knowledge of the English language, but they must still meet expectations such as:
- Providing evidence of living in the UK for 5 years prior application.
- Spending no more than 450 days outside the UK in the 5-year period before making the application.
- Spending no more than 90 days outside the UK in the 12-month period before making the application.
- Being of good character.
- Avoiding breaching immigration laws during the 5-year qualifying period.
In special circumstances where a person does not meet one or more of the above requirements, discretion can be exercised by the Secretary of State.
A further benefit allows for the Irish citizenship to be maintained when applying for a British one. Therefore, being recognised as a national of both countries simultaneously.
The British National (Irish Citizens) Act 2024 has a direct link to the Good Friday/Belfast Agreement of 1998, which outlined relations between the UK and Ireland, as well as underpinning the birthright of the people of Northern Ireland to identify and be accepted as British, as well as Irish, and are entitled to be granted British citizenship. These rights are evidently now being expanded to citizens of the Republic of Ireland.
DUP Leader Gavin Robinson expresses his warm welcome of the act, explaining the impact and issues the absence of it had: “The Belfast Agreement sought to address issues of identity and whilst people living in Northern Ireland could avail of an Irish passport, there was no reciprocal arrangement in the other direction. Those born in the Republic of Ireland after 1948 needed to undertake a lengthy and costly process of applying to the Home Office for British citizenship”.
Do not hesitate to reach out for assistance with the acquisition of British Citizenship under the new British Nationality (Irish Citizens) Act 2024.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Primary activity and source of revenue approach under Sole Representative visa route
Commonly known as a Sole Representative visa and formally called Representative of an Overseas Business visa, it was designed for employees of overseas companies to be recruited to set up and supervise a United Kingdom branch or a wholly-owned subsidiary. Being closed on 11 April 2022 for new applicants and replaced by a UK Expansion Worker route, this visa route continues to be employed by existing Sole Representative visa holders and their family members to extend their stay or settle in the United Kingdom.
The Sole Representative visa route, introduced on 1 October 2009, slowly gained popularity. As a number of applicants eventually grew, the Home Office started implementing tougher requirements and a more thorough approach to decision-making.
This post intends to bring attention to the existing Sole Representative visa holders the “primary activity and source of revenue” approach in the Home Office decision-making in a case of business diversification.
The purpose under the Sole Representative visa route is for the UK establishment to operate in the same business as its overseas parent company. This requirement must be met throughout the period the applicant requires to qualify for settlement in the United Kingdom, which in most cases is 5 years.
If the overseas company diversifies its business offerings, for example bringing new product lines or services that become the primary activity and the primary source of revenue, so must the UK entity. In our most recent settlement application under the Representative of an Overseas Business visa route, we had to dive deep into the “primary activity” and “primary source of revenue” approach to satisfy the Home Office requirements.
Essentially, “primary activity” is a core function of a business to generate revenue, whereas “primary source of revenue” is income generated from primary business activity. If the business has several activities, it is the activity that generates the most revenue is regarded as the business’s primary activity.
When the business starts diversifying its offerings, under the provisions of the Sole Representative rules, it is imperative that whatever activity becomes the primary activity of the overseas business, it also becomes the primary activity of the UK establishment. This is exactly what happened in our case, where the overseas business, due to the COVID-19 pandemic and the Ukrainian war, had to diversify its primary activity several times to ensure the continuous profitability. The UK establishments mirrored the parent company’s offerings.
During the application review process, the Home Office’s caseworker team thoroughly assessed the financial accounts of both parent and UK entities. The consideration was given to the revenue generated during each financial year and what business activity generated the most revenue at each point of the business’s diversification. The Home Office caseworking team also assessed the business’s website on whether it reflects the business’s current primary offering.
Interestingly, the Home Office also quired what experience and, if applicable, qualifications the Sole Representative applicant had to be able to successfully supervise the UK business in the wake of the overseas business bringing new offerings to the equation. This was not covered in the original application but was evidenced with the relevant documentary evidence in the additional information request received from the Home Office caseworking team. This only demonstrates how thorough the decision-making team is in their application review.
Our Immigration Team has many years of experience assisting Sole Representative applicants in their visa applications, often successfully taking on cases with a high degree of complexity.
Do not hesitate to get in touch for an assessment of your circumstances and advice on how we could assist.
Complete Guide to Entering the UK with an eVisa
If you are planning to travel to the UK, this is the latest step-by-step eVisa entry guide to ensure a smooth journey.
Step 1: Register a UKVI Account
Start by registering for a UK Visas and Immigration (UKVI) account on the official UK government website. This account is essential, as it allows you to view and share your eVisa details.
Tips:
- Provide basic personal details such as your name, nationality, and passport number.
- Use the same email address and phone number you used for your visa application. This ensures you can easily receive verification codes and important updates.
Step 2: Apply for an eVisa
Once you have registered your UKVI account, you can proceed with the eVisa application:
- Log into your UKVI account and select “Start application” on the website.
- Use the UK Immigration: ID Check app to verify your identity:
- Upload your BRP card (if you have one) and a self-portrait photograph of you.
- If you don’t have a BRP card, you can use your passport instead, provided it was used to register your UKVI account.
- After completing the identity verification section, return to the UKVI account to fill out contact details and answer security questions.
- Submit your application and wait for a confirmation email from UKVI, which will include a link to your eVisa.
Step 3: Prepare Entry Documents
Before traveling, make sure your eVisa is successfully linked to your passport information. This ensures border officers can quickly verify your visa.
In addition to your eVisa, prepare the following:
- Passport
- Flight tickets
- CAS (Confirmation of Acceptance for Studies) if you're a student.
Note: While eVisa is widely accepted, some airlines and border control officers may not yet fully support electronic visas. It is advisable to carry your BRP card as a backup if you have one.
Step 4: Entering the UK
At UK border control, present your passport and eVisa to the officers. In most cases, they will automatically verify your eVisa electronically. However, they may also request additional documents, such as:
- A letter from your school (if applicable)
- Your flight itinerary
Pro Tip:
- Double-check your eVisa details before departure, including your name, visa type, and validity period.
- For first-time travellers to the UK, having your visa vignette (sticker) and approval letter at hand is crucial. Familiarise yourself with UK customs and entry requirements to avoid delays.
Additional Tips:
- Regularly review your eVisa status and updates on your UKVI account.
- Print a copy of your eVisa confirmation email as a precaution, especially if traveling with an airline or through a border where eVisa support is limited.
By following this guide, you will be well-prepared for a seamless entry into the UK. Safe travels!