Immigration FAQs

If you have encountered similar problems or have a problem not outlined below, please contact us or telephone us on +44 (0)20 8733 7200 and ask to speak to one of our advisors.

Can I work in the UK as visitor?
Generally you are not allowed to work in the UK as a visitor. If you have been granted leave to enter the UK as a 6-month visitor you must be able to support and accommodate yourself without working in the UK.
Can I change my stay in the UK from a visitor to a work permit?
You are not allowed to "switch" as a visitor in to the work permit category from within the UK. If during your stay in the UK you find an employer who is willing to employ you, please contact us and we will help you further.
I recently applied for a visa to come to the UK but it was refused. I am not in the UK. Can you help?
The simple answer is "yes"; if you are outside the UK and had your visa application refused we can certainly help.
You need to provide us with the following:
  • Copy of the refusal from the British High Commission.
  • Copy of the application you lodged.
  • Any other information you feel relevant to your situation.
    • You can send this information to us by fax on +44 (0)20 8733 7250 or by email to enquiries@lawrencelupin.co.uk, or if you have a sponsor in the UK they can deliver it to our office. We will then advise you on what steps you can take. You may be able to appeal the decision or ask for the application to be reviewed. We can advise you as to which option is best for you.
    If you have any questions please do not hesitate to contact us.
    Can I work when I come to the UK on a spouse visa?
    Yes, you can, there are no restrictions on you working in the UK once you have been granted a spouse visa.
    Can I bring my children with me if I have a spouse visa?
    Yes you can. If you have any children who are dependant on you and they are under the age of 18 you can make an application to have them join you in the UK with your spouse.
    What is a civil partnership and how can I benefit from it?
    The Civil Partnership Act 2004 came into operation on 5 December 2005 and enables a same-sex couple to register as civil partners of each other.
    A civil partnership can be registered in England and Wales in a registry office or in approved premises.
    Couples who form a civil partnership will have formal legal status - that of "civil partner".
    The law gives a civil partner the following rights and responsibilities:
  • The ability to remain in the UK with your partner if he or she has the right to remain here;
  • Duties to provide financial maintenance for your civil partner and any children; intestacy provision (where one of you dies without having made a will);
  • Fair treatment for financial purposes (for example: child support; life assurance; tax, including inheritance tax; employment and pension benefits; inheritance of a tenancy agreement);
  • Protection from domestic violence;
    • For more details about immigration rights, see our item on Family Members: Civil Partners.
    I am in a relationship with my same sex partner who is a British National, we don't want to register our relationship as civil partners, is there anything else we can do to stay together?
    You can apply as a "same sex partner" to stay further as long as your partner is present and settled in the United Kingdom. Settled means that you are living here lawfully with no time limit on your stay.
    To qualify you must both be able to show that:
  • any previous marriage or civil partnership that either of you were in has permanently broken down;
  • you have both been living together as if you were in a "civil partnership" for at least two years;
  • you both plan to live together permanently;
  • you both have enough money to support and adequately accommodate yourselves and any dependants without help from public funds and
  • You and your partner are aged 18 or over.
    • If successful you will be given permission to stay and work in the United Kingdom for two years. Near the end of this time, if you are both still in the relationship and you both plan to live together permanently, your same sex partner, can apply to stay here permanently.
    I am a British National and have been living with my girlfriend for the last 3 years. She is here as a Student but is nearing the end her studies. We don't want to get married yet. What can she do to remain with me in the UK?
    Your partner can apply to remain in the UK as an "unmarried partner". These type of applications tend to be more difficult than those based on marriage as you need to show that you have been living together for two years and that it is a permanent relationship.
    The requirements are as follows:
  • You have to show that any previous relationship whether in marriage or as an unmarried couple has ended;
  • You should have been living together for at least two years in a relationship similar to marriage. You will need to provide documentary evidence confirming that you have been living together for this time.
  • You must intend to live together permanently with your partner.
  • You must have sufficient funds to pay for both you and your partner's living expenses and those of any dependants without claiming public funds.
  • You must have suitable and available accommodation for both you and your unmarried partner and any dependants.
    • If successful you will normally be granted a visa for a probationary period of two years. If you are still living together at the end of two years in the UK, permanent residence (properly known as indefinite leave to remain) will usually be granted.
    I would like to apply to study in the UK; where do I start? Do I need a visa first or should I enrol with a college?
    Your starting point is to enrol on a full time course at a recognised institute in the UK. Once this is done we can help prepare a student visa entry clearance application pack. In the application we will include our representation letter, the completed visa application form and all the necessary supporting documents.
    We will also email the British High Commission (BHC) a copy of your application to ensure that every care is taken when they consider it. We will be ready to help should the BHC have any questions relating to your application.
    If you have not yet decided which educational institution to enrol with, then you can visit the website of the official Universities and Colleges Admissions Service (UCAS); UCAS. This is the UK central organisation through which applications are processed for entry to higher education.
    As a student in the UK can I work?
    Yes, if you have been granted leave to remain in the UK as a student for more than one year, you can work a maximum of 20 hours per week during term time and full time during the holidays. For more information, look at our section on Students.
    If you are not too sure if you can work, give us a call and see how we can help.
    Can I bring my family with me if I have leave to enter as a student?
    Yes, but there are certain requirements of accommodation and the ability to financially support yourself and your family, which you must fulfill. If you would like more information on these requirements and how they affect you, contact us for further information.
    My husband came to the UK as a student and I came as his dependant. He is now nearing the end of his studies and I wish to apply to be a student and he wants to remain as my dependant. Can I apply to switch from dependant to student status and can my husband apply to be my dependant?
    Unfortunately the immigration rules will not allow a switch from student to dependant and from dependant to student status from within the UK. This can only be done from outside the UK, but if you would like further information give us a call.
    A friend told me that I should apply for a work permit if I wanted to work in the UK; do I need to get a work permit before I apply for the job?
    Once you have a job offer, it is for the employer to apply for a work permit.
    UK work permits are issued only to employers and allow them to employ a specific individual from outside the EEA to work in this country. Work Permits are not issued to individuals nor can an individual apply for a work permit to come to the UK.
    If you want to live and work in the UK you might also want to consider one of the other schemes that enable people to come to the UK to work. These include: the Highly Skilled Migrant Programme, Working Holiday Makers, Training and Work Experience, Graduate Employment Schemes.
    My mother is not a UK citizen and lives abroad. She lives alone and is getting quite frail and elderly. I've supported her for many years. Can I bring her to live with me in the UK?
    The immigration rules do allow certain individuals to come into the UK who are in a situation like this, but the requirements are very stringent. Generally if the person you are seeking to bring to the UK is over the age of 65, then the requirements are that:
    1. They are related to you as either your parent or grandparent;
    2. Can accommodate them without the use of public funds;
    3. You can financially support them without the use of public funds;
    If the person you are seeking to bring in to the UK is under the age of 65, then apart from the above three requirements, you must also prove that they are living alone in the most exceptional compassionate circumstances.
    If the person you are seeking to bring in to the UK is not your parent or grandparent but is related to you as a son or daughter under the age of 18, brother, uncle or aunt then the requirements are the same for as 1-3 above plus that proof that they are living in the most exceptional compassionate circumstances.
    If you would like specific advice about your situation then contact us for more information.
    I'm an employer. What are my rights and duties in relation to checking the immigration status of people I want to employ?
    Anyone employing an individual in the United Kingdom is required to ensure that person is legally entitled to work here and is not subject to any immigration control which would prevent them doing so. The prevention of illegal migrant working in the UK is currently governed by section 8 of the Asylum and Immigration Act 1996, which came into force on 27 January 1997
    Under this law, it is a criminal offence to employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the UK, or who works for you in breach of their conditions of stay in the UK.
    As well as providing legal advice on immigration matters, Lawrence Lupin Solicitors also has expertise on Employment Law.
    I am in business abroad. What rights do I have to come to the UK for business purposes?
    If you are a businessperson abroad then there are a variety of visas you can apply for, to come into the UK. It all depends on your position in your company and what type of business transaction you want to carry out in the UK. Consult our pages on Services to Business to find out more about your options, or contact us for further information.

    If you have encountered similar problems or have a problem not outlined above, please contact us or telephone us on +44 (0)20 8733 7200 and ask to speak to one of our advisors.

    We will be more than happy to deal with your queries and will let you know whether or not we can take on your case.