IMMIGRATION

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The latter requires special attention as an outdated or non-existent public profile, for example, LinkedIn, restricts the perception of the applicant’s professional identity.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

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What permission do I need to visit the UK?

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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

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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 20^th 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

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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

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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

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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.

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The 20-Week Cooling-Off Period: Balancing Reflection with Practicality

In April 2022, England and Wales reformed divorce law with the Divorce, Dissolution and Separation Act 2020, introducing a no-fault divorce system that allows couples to separate without assigning blame. A key feature is the mandatory 20-week cooling-off period, which begins when a divorce application is filed and must pass before a conditional order can be sought. This article outlines the UK’s no-fault divorce process and explores the debate around the cooling-off period, assessing whether it balances thoughtful decision-making with the need to avoid unnecessary delays.

The Divorce Process in England and Wales

Under the no-fault system, a spouse—or both spouses jointly—can apply for a divorce by stating that the marriage has irretrievably broken down. Unlike the old system, there is no longer a need to prove one partner's wrongdoing.

1. Filing the Divorce Application and Acknowledgment of Service: The divorce process begins when one spouse (the applicant) submits a divorce application to the family court, or both spouses file jointly. Once the court receives the application, it sends an acknowledgment of service form to the respondent. The respondent has 14 days to complete and return the form, confirming receipt and awareness of the proceedings.
2. The 20-Week Reflection Period: A mandatory 20-week period begins after the court issues the acknowledgment of service.
3. Applying for the Conditional Order: Following the 20-week reflection period, the applicant(s) may request a conditional order, previously known as the decree nisi. The court will review the application to confirm that all procedural requirements have been fulfilled. If approved, a certificate of entitlement is issued, and a date is set for the conditional order to be formally pronounced.
4. Applying for the Final Order: Six weeks after the conditional order is pronounced, the applicant(s) can apply for the final order, formerly known as the decree absolute. This final step legally dissolves marriage, granting both parties the freedom to remarry if they wish.
5. Financial and Child Arrangements: Financial matters, such as the division of property, spousal maintenance, and pensions, may be resolved during the divorce but require a separate application for a financial order to make them legally binding. Similarly, if children are involved, custody, visitation, and support arrangements should be agreed upon and formalised through a child arrangements order.

Understanding the 20-Week Cooling-Off Period

The 20-week reflection period serves as a statutory interval designed to provide couples with time to reflect on their decision to divorce. The government asserts that this period encourages thoughtful decision-making and ensures that divorce is not pursued impulsively.

Critiques of the Cooling-Off Period

Despite its intended purpose, the mandatory 20-week period has faced criticism. Critics argue that it unnecessarily prolongs the divorce process, particularly for couples who have already engaged in considerable reflection before initiating divorce proceedings. By extending the overall timeframe for divorce, the 20-week period has led some to question its necessity.

This waiting period can also place additional emotional and financial strain on individuals seeking to move forward with their lives. In cases involving domestic abuse or high-conflict situations, it may exacerbate challenges or prolonged exposure to harmful circumstances

Support for the Cooling-Off Period

Supporters of the cooling-off period emphasize its role in promoting deliberate decision-making. Divorce is a life-altering event with significant implications for all involved, including children. The reflection period allows couples to consider the full impact of their decision, explore reconciliation, and make informed arrangements regarding finances and child custody. This time can be particularly beneficial in reducing impulsive divorces and encouraging amicable resolutions.

Balancing Reflection with Practicality

The 20-week cooling-off period in no-fault divorces aims to encourage thoughtful decision-making but has raised questions about its practicality. Balancing the seriousness of divorce with the realities faced by couples remains essential. In our view, a more flexible approach, such as exemptions or shorter timelines in agreed or urgent cases, could better accommodate diverse situations. As divorce laws continue to evolve, finding this balance will be crucial to ensuring the system works effectively for all.

At Chan Neill Solicitors LLP, we specialise in family law and understand the unique challenges of the 20-week cooling-off period. Our experienced solicitors provide tailored advice to protect your interests and guide you through the divorce process. Contact us today to see how we can assist you.

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No Time Limit (NTL) - purpose, procedure and its future

No Time Limit (commonly known as NTL) is an administrative process that gained wider awareness in light of the rollout of the new digital immigration status (eVisa). For many years this application has served as a remedy to those who have had their indefinite leave to enter or remain status (also known as “settlement”) lost, stolen or expired. With the introduction of an eVisa, those who are unable to convert their “settled” status to the digital format due to lack of a valid Biometric Residence Permit (commonly known as a BRP) card, should lodge an NTL application to get the ILR converted to the digital format.

Historically, those who have their “settled” status endorsed in an old passport or hold the status in the form of a legacy document, could convert it to a BRP to evidence the right to work or rent in the UK or to facilitate travel. As a procedure went, the Home Office required the applicant to provide evidence of UK residency since being granted the status and to confirm that the applicant has not left the UK for more than 2 consecutive years at any point in time. This became an issue for those, who were granted the ILR status decades ago or who cannot evidence the residency (e.g. due to unemployment).

On the 11th of October 2024, the Home Office held a webinar session on the NTL applications, during which they confirmed that if the applicant can provide evidence of holding indefinite leave and has not lost it by being absent from the UK for 2 consecutive years, no evidence of UK residency should be requested. The application form will be simplified to streamline the process.  The current processing time is around 3 months.

The question was posed as to what approach the Home Office will take when receiving applications where there was more than a 2-year absence during the COVID pandemic but there was no break in UK residency since. Such applications, as confirmed by the Home Office, will be decided on a case-by-case basis. As a reminder, since 6 July 2018, those who have been absent from the UK for 2 consecutive years and whose ordinary residence isn’t in the UK, must apply for entry clearance as a returning resident.

The Home Office also confirmed that there is no immediate need to apply for NTL but there will be benefits in doing so. In light of the hostile environment, it is yet to be seen whether ILR status holders (otherwise than in digital format) will experience any issues as of the 1st of January 2025, especially when travelling abroad, however, it seems that the whole purpose of digitalising the immigration status is to stop accepting paper documents sooner rather than later. Having said that, the Home Office has confirmed that Right of Abode (ROA) holders, who usually have their passport endorsed with an ROA vignette, will not be able to convert the status to the digital format at any time soon.

With BRP cards going out of circulation at the end of October 2024, NTL applicants will be able to create an eVisa account as a part of the NTL application process. Those who lost BRP recently but still have a record of its number, can create an eVisa account using the BRP number without going through the NTL process.

Our immigration team is well-versed in the NTL process. Do not hesitate to reach out for 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

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