thesmartmove2uk

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Improve your listening skills to become a coach for life

As a life coach, you have to be effective with certain skills. We’ve all heard terms like deep listening, reading between the lines or listen for what is not being said. This is all true and useful but sometimes is presented as something that is very complicated and challenging to learn. Let me share a different perspective on listening.

The normal practice of listening can be referred to as ‘lazy listening’. Lazy listening is paying attention to the first 10 seconds of a question or problem that someone shares with you. Whenever someone asks you a question or presents a problem that they need help with your mind usually does one of two things:

It comes up with all kind of solutions to the question presented halfway through the presentation of the question itself.

Sparks a need to respond. Most of us listen only to respond instead of listening to understand.

Now, when you are trained in the art of coaching with PRISM Certification, you probably notice these responses, absorb, and truly coach. However, most of our leaders are not trained in these skills and just follow their natural responses like mentioned above.

Through our coaching practice, PRISM Brain Mapping has found that a lot of people start with sharing their limiting beliefs before asking their query. Most people are not even aware that this is what they do. This query usually is just an effect of their limited understanding. Had that not been the case, they wouldn’t be stuck and have come up with a solution already. Let me share an anecdote to illustrate what I mean and to show how easy it is to practice lazy listening.

A common example in my experience as a life coach is people saying “This will never ever work,” without even trying it. Our natural behavior is to try proving them wrong and we usually end up in a battle of opinions. A better way is to create the environment for lazy listening by simply responding “How do you know that it won’t work?” For me, this is one of the most powerful questions because it helps to flush out the limiting beliefs behind the statement “This will never ever work.” Specifically, when you repeat that question a couple of times.

In essence, lazy listening is looking for limiting beliefs which are usually the true cause of someone going through the experience of getting stuck or jammed at something.

What’s the benefit? You become efficient in listening and more impactful in your responses to people. Imagine what might happen if you apply this skill in meetings, negotiations, etc. How much more quality will the attendants get out of these meetings?

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PRISM Brain Mapping and Personal Effectiveness: An Intimate Relationship

The brain plays a very important role in the way a person thinks, feels, acts and reacts. One can never separate the mental from the physical or emotional faculties. PRISM Brain Mapping brings this home to us in no uncertain terms, highly reliable and accurate [Cronbach Alpha of 0.9], PRISM Brain Mapping has helped thousands of individuals around the world to realize their full potential. We all have preferences i.e. a certain way in which we prefer to get things done. We often believe that if only everyone behaved the same way things would be so easy, however, we seldom pause to think if our preferences are appropriate for the situation. PRISM Brain Mapping makes us aware of how we can adapt best to any situation, thus enhancing personal effectiveness and enabling us to make the appropriate choice every time.

At the root of the PRISM Brain Mapping, the instrument is the basic fact that all behaviour is brain-driven. Each person has his or her own way of looking at the world (perception) and responding to it (behaviour). Those recurring responses – partly inherited and partly learned – fall into patterns, referred to as behaviour preferences. Each person exhibits his or her own personal behaviour preferences to a great extent by how and what they say and do. Much like a successful company, the brain relies on the input of its various parts prior to making a decision. Completing a PRISM Brain Mapping inventory takes only 20 minutes and can be taken from the comfort of your home or office. You get a tailormade report with insights into preferred behaviour preferences and an option to have a one to one counselling session with a Certified PRISM Brain Mapping Practitioner. The result – Improving your personal effectiveness, and your life will take on a whole new meaning.

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Canada’s Post-Graduation Work Permit Program is Booming

Foreign nationals have become an important source of labour in Canada. The number of international graduates on a Post-Graduation work permit has escalated substantially from 2,400 in 2001 to more than 143,000 last years. Canada’s immigrant friendly nature has proved to be a boon for foreign nationals who want to remain in the country and gain Canadian work experience.

The Post-Graduation Work Permit Program (PGWPP) was launched in the year 2000 with a view to attract and retain talented international students aiming to contribute to the Canadian economy. The program allows eligible international graduates to work in Canada for a maximum period of three years. Many foreign nationals have taken advantage of the PGWP program with more than 950,000 students applying for a work permit.

Canada has reaped several economic benefits from the PGWP program, as international students contribute significantly to the country’s economy. According to a federal government report, foreign nationals contribute more than $22 billion to Canada’s economy every year and support about 170,000 jobs. Furthermore, the report also suggests that international students have higher chances of landing a job in the Canadian due to their high language proficiency, Canadian work experience and education.

A Secure Deal

The PGWP program has become a notable and popular choice among international students due to certain merits associated with it. Owing to its simplified and straightforward application procedure, Canada has become one of the leading destinations of foreign students. Unlike other countries, international graduates in Canada get plenty of time to stay and work in the country. Here are some of the reasons why Canada’s PGWP program is the best choice for you:

1. Off-campus work permit

Canada has globally competitive colleges and universities with high cost of tuition and living expenses. To be able to support such expensive life, many foreign students want to work while studying in Canada. Addressing this problem in 2014, the Canadian government came-up with an off-campus work permit program, which allows students to work as a part-time employee for a maximum of 20 hours per week. As of 1 June 2014, certain international students can work even without a work permit.

2. Pathway to Canada PR

The Post-Graduate work permit program allows graduates to stay in Canada for a maximum duration of three years to gain work experience in the country. The Canadian work-experience gains extra CRS (Comprehensive Ranking System) scores to applicants. This eases the process of getting a Canadian PR and settling in the country.

3. Plenty of time

Earlier, after receiving the notice of graduation international students were given 90 days to apply for a job, failing which they had to leave the country. However, last year the Refugees and Citizenship Canada (IRCC) expanded this time-frame to 180 days resulting in greater probabilities of landing a job by foreign nationals.

4. Upliftment of restrictions

The Canadian government has made the process of obtaining a work permit much easier by removing certain restrictions earlier associated with PGWP program. One such improvement is dismissal of the requirement that applicants must have a job with an employer in a field relevant to their studies. Now, international students can work in any domain irrespective of the stream of their degrees. Another requirement that students must have a valid study permit at the time they submit their work permit application has also been removed. All these improvements combined have made this process much easier and comprehensive.

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Proficiency in English or French Can Open Many Doors for the Immigrants to Canada

It is a proven thing to the people that Immigrants having proficiency in English and French have enough chance to get better job in Canadian Labour Market or having better business opportunities. Citizenship and Immigration Canada (CIC) affirms that the ability to communicate in one or both of Canada’s two official languages is key to finding employment and ensuring a smooth transition into Canadian life.

Language skill is one of the most important factors out of six selection factors which CIC consider to decide eligibility for express entry. One can prove their language ability through four modules which is listening, writing, speaking and reading. An individual applicant can get maximum 290 points out of 600 while going through express entry Program.

Importance of French Language in Canada Immigration

Québec is a very unique and demanding province for the immigrants and rather Quebec is the only province in Canada with French as its official language.

Ontario which is most demanding province by Immigrants issues letter of interest to the applicant through their French speaking skilled worker stream. By this one will come to know how important French language is there in Ontario, Canada

To prove your French language ability there is only one exam provided by Canadian Immigration Authorities which is TEF (The Test d’Évaluation du Français). One can get 15 additional points in Comprehensive Ranking system which is out of 600.

Language ability minimum requirement under express entry

For FSWP (Federal Skilled Worker Program) applicants must prove that they score minimum CLB 7

For FSTP (Federal Skilled Trade Program) applicants must prove that they score minimum CLB 5 for speaking and listening whereas CLB 4 for reading and writing

For CEC (Canada Experience Class) if applicant belongs to NOC falling under category O or A then minimum CLB required is CLB 7. Whereas if applicant belongs to NOC falling under category B then minimum CLB required is CLB 5.

Benefits to International Student in Canada

As per one of the international survey at least fifty per cent of International Students who are currently in Canada want to apply for Canada Permanent residency. The reason is while staying in Canada as student you will always find yourself surrounded by people who belong to Canada and speaking their official languages by which student take advantage of improving their Canadian language skills. As per report published in 2018 it states 22500 students out of 90000 who got Canada PR were International Student taking education in Canada or former student with Canadian Degree or Diploma. As per recent years Statistics report people with higher language proficiency (Like Canada International Student) are earning more during their early years of PR as compared to other immigrants.

Therefore considering all facts – having hold on English and/or French which are official languages of Canada will make it easy or rather beneficial to survive in Canada.

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My quest to study in Canada

If you are one the cohort who dream of going to a foreign country to study, Canada is one of the best destinations! With the beauty and serenity of the place, living and accommodation is also very affordable and safe.

Cities such as Vancouver surrounded by water make a great and beautiful place in Canada for outdoors and quality of education in some cities just rocks!

You get to make friends from different nationalities, study in a beautiful place, develop social relationships and form a long lasting friendships which are beneficial in the future too! In any case the memories remain.

And most importantly you get to learn new things in whichever subject you choose. You can go for grad, post grad or PhD.

Canada has some of the most leading universities of the world. Their way of teaching is far more qualitative and interesting to students. Also the learning environment is conducive to acquiring and building on knowledge.

All you need to do is have the appropriate eligibility given on the site of Canada visa and a valid offer from a university of Canada. Whilst you can apply to Universities online, you can also get assistance from experienced Canada study consultants and experienced immigration consultants for immigration advise.

So what you are waiting for!

Give wings to your aspirations and jet set to Canada. Search for the appropriate course and university and apply if you think you are eligible by reading the site. If you need help with selecting appropriate course and University, you can have a chat with our expert.

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Insights to Canada Job market

Professionals in Canada earn an average salary of C$ 55,807 per year, working 40 hours a week. Like any other developed country there are opportunities here qualified and experienced professionals in different fields, at varying positions, pay scales, education etc. in such a scenario it is important to be aware of certain factors when applying for jobs in Canada:

Language Skills

Appropriate licensing

Canada PR vs Work Permit

Minimum wage rate

Job roles in demand

Language skills

If you are looking for some decent job and with good position in the organization then you must possess advanced English language ability, basic knowledge of French can be an added bonus. As English – French bilinguals are in demand.

Licence from Canada

For professionals seeking employment in specific job roles like healthcare, accounting, law, architecture it is mandatory to have a Certificate of Practise recognised by the Canada bodies. So even if you are qualified and have a certificate of practice in your home country, ensure you are aware and have the equivalent certificate for Practise in Canada too.

e.g. If you are having educational qualification as B. Pharm having NOC 3131 but you are taking employment in a different domain then it is not necessary to get Licence from PEBC. Whereas if you are planning to work in Canada as pharmacist then it is mandatory to have licence from PEBC which is Canadian Government Body for Pharmacist.

Canada PR vs Work permit

Employers in Canada prefer to hire employees who have a PR as it reduces the effort on part of the employer to obtain permissions from CIC. In the case of a work permit there are several restrictions starting from the length of permit to the kind of job roles it can be applied for.

Minimum wage rate

Workers in Canada are protected by legislation against exploitation by the employers. The minimum wage provisions made by Canadian legislation ensure appropriate wages are set based on province, type of work and industry.

Job roles in demand

Considering world is getting changed with new needs of life at different front be it health, technology, research etc. occupation in demand always keep on changing.

Appended are the top 10 domains of jobs in demand in Canada

IT & ITES

Accounting & Finance, Fintech

Healthcare, medicine & pharmacy

Early child Education/Teaching

Sales/Marketing/PR

Architecture

Mechanical and Production Engineering

Hospitality related jobs

Construction

Legal & HR

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UK Visa refusal? “No problem,” says the Home Office, “you still have Skype.”

What one sees as a tragedy, another sees as ‘part of the job’. Such is the irony of the condition of thousands of families who have been denied permission to stay in the UK with their loved ones, as Home Office officials suggest using ‘modern channels’ like Skype to keep in touch with your family in case you face a UK Visa refusal.

When Daniel Goldman (all names in the article have been changed to protect privacy) married his longstanding partner Steve in London in 2016, he did not expect any problems with securing his new husband’s right to remain in the UK.

Instead, the couple has spent much of the past year and a half in a bottomless pit of frustration and agony. Without information from the Home Office, they have been kept in complete darkness. Earlier this month, the department not only rejected the application but suggested Steve should return to his home country and that the couple could maintain their UK marriage visa through “modern means of communication”, such as Skype.

The Home Office is currently reconsidering the decision after the Goldman’s solicitor threatened to bring a judicial review for the UK Visa refusal. According to Goldman and Steve, the Home Office is refusing thousands of people the right to remain in the UK each year and telling families that while they will be separated, “the existence of phones, messaging apps, Facebook, and other internet modes of communication makes the distance immaterial.”

The SmartMove2UK is a niche immigration law firm with expertise in immigration law of the UK. We are dedicated to empowering and assisting people of any country with issues they might have with respect to UK visas and other migratory processes and cases. If you, or someone you know, is facing a UK Visa refusal of some kind, or are keen to NOT face a refusal for your UK visa applications, be sure to consult us before going ahead with your visa applications.

From the UK Marriage Visa to UK Work Visas; if you think UK Visas, think The SmartMove2UK.

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3 UK Visit Visa Refusal Reasons Inspired By True Stories

Visas are very common and the application process is simple. People often apply for UK Visit Visas for a vacation with their family or friends. Though it is in the simplest visa application, people often get refused due to several reasons which they overlook. Let us discuss some real life visa rejection reasons:

Mr. Ajit is a retired businessman. He and his wife had a restaurant business for 10 years. They have traveled to many places across the globe. Their goal was to travel and see the world together. One fine day they thought of planning a trip to the UK. They were excited to go to the UK. They applied for the UK Visit Visa. They were waiting for their Visa result. One fine day they received the courier from VFS and it was regarding the Visa Application. In no time they opened the pack to check the result. But unfortunately, they were refused. The excitement vanished. They were upset about the refusal of UK visa. The visa rejection reason was that the Bank Statement of Mr. Ajit had huge cash deposits, which Mr. Ajit explained nicely in his cover letter. The large deposits were due to their restaurant business, which runs on a cash basis. The ECO overlooked the explanation of the deposits and refused the application.

In another case, Mr. Sachin is an Employee and is working as a Sales Manager. He is married to Mrs. Anjali 3 years ago and has a child. He wanted to have a short visit to the UK, so he applied for the UK Visit Visa. After few days a decision on his application was made. The result received was unfortunately not so good; his UK Visit Visa was refused. The reason for refusal was that Mr. Sachin didn’t submit any evidence of his family ties in India. UK Immigration Rules suggest that the person visiting the UK for visit must return to his home country and for this, he needs to submit some proof that he will return back to his home country. Mr. Sachin failed to submit the proof; hence he was refused UK Visa.

In this case, Ms. Kavita is an Employee and is working as a Business development executive. She wanted to visit her cousin who is settled in the UK with his family. She planned the entire trip and submitted the application. She was excited about the decision to come. Her excitement vanished when she saw that her application was refused. After finding out the visa rejection reason she felt very upset. The reason for refusal was that on the application form she mentioned that she will be staying with her cousin and on the other hand she submitted documents of hotel bookings for her stay in the UK. The Entry Clearance Officer refused her visa application due to this confusion created by her. The application should be filed with utmost care and attention. You must file all the documents without any confusion or doubt in mind.

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Dreams of Business Expansion to the UK Shatter

Refusal of a UK Sole representative visa often creates a very confusing, frustrating and an upsetting experience for an individual or for the company. Even after submitting a whole lot of documents, there are few aspects, which are by chance overlooked by you or the entry clearance officer assessing your application. Let us share few real-time stories and insights on refusals on Sole representative visa UK faced by few of our clients.

Ram sons International, a family-owned business have been into leather and equine accessories business since the early 90’s. They then decided why not test the water outside Mumbai, India. Mr. Ram being the founding partner of the company decides to send his son to the UK to open a branch subsidiary office in the UK. They later applied for a sole representative visa, submitted all relevant company documents but much to their surprise when they received the refusal they were upset as it was refused. They knew they lost the sole representative government visa fees and more than that, the amount of time they invested t006F get this visa. They knew how important the UK sole rep visa was for their company.

Mr. Ram spoke to us and upon our review, it came to our notice that the application was wrongly refused and requires an administrative review.

The Entry clearance officer observed that the applicant shared a large proportion of the remuneration and profits between his father and himself. The sole representative visa immigration requirement clearly lays down that the applicant should not have more than 50% of share in the parent company. The ECO in the present case overlooked the company documents as the applicant was not a majority shareholder.

It is interesting to share this bit with the readers that what goes in the UK Home Office records once can always be held against you to assess any subsequent applications.

Upon further review the refusal letter the ECO did point out the designation and job role of the applicant few months before his present sole representative visa application. The immigration requirement suggests that the applicant should be employed with the company for the last 12 months in the capacity of a minority shareholder to apply for a sole representative visa.

In another interesting case, a famous jewellery house wished to set up a subsidiary branch office in the UK. They never thought they would be refused under the English language proficiency requirement. When it comes to UK Immigration rules they keep on changing and are very specific and only in few cases alternate documents are being considered by the Entry clearance officer. The applicant submitted a PTE Academic test report to evidence that his knowledge of English is equivalent to level A1 or above of the Council of Europe’s Common European Framework for Language Learning. The UKVI has laid down the prescribed test centres and specific exams to be taken for a Sole rep visa the UK and not only would any English test of any level be acceptable to meet the requirement. In Mr. Zaveri’s case, he had previously been to the UK on Sole representative visa where in his previous application he did meet all the requirements and successfully got the sole representative visa.

It is when a few years ago the English language requirement was different than as on today when he made the application, only when the revised Immigration rules came the English language requirement for approved English language test was changed and kept at CEFR Level A1 in speaking and listening.

Stay tuned to hear from us more about refusal cases for UK Sole representative visa category. For immediate information, contact our associates for a consultancy appointment today: Phone: +91 9819 127 002 Email: info@ smartmove2uk.com

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What To Do Next If Your UK Visa Gets Rejected

When you receive your UK Visa Refusal, it will explain whether or not you have the right to appeal your refusal. Visa appeals are most common for people who are related to, married to, or dependent on British citizens.

If you have applied for any of the points-based visas, you won’t have the right to appeal the decision but there is another process called the administrative review to look at these applications. This review looks at the points allocated and checks whether your application was correctly assessed by the original officer. Unlike a visa appeal, you cannot attend the First Tier Tribunal (Administrative review is not available in case you want to provide additional evidence/documents to the home office).

Your Notice of Appeal is lodged. What next?

Once you have filed your appeal forms and supporting documents, the Entry Clearance Manager or Immigration Officer will review its original decision. If the review maintains the original decision, for non-settlement cases, the Entry Clearance Manager (if you are outside of the UK) should take up to 8 weeks (11 weeks if lodged with AIT directly) to prepare the necessary documentation for your appeal. If, however, your case is a settlement case it should take up to 16 weeks (19 weeks if lodged with AIT directly) and if it is for a visit visa, then it should take 12 weeks (15 weeks if lodged directly with AIT) to prepare the necessary documentation.

What happens after the UK visa appeal that has come and gone?

If you have attended an oral hearing, sometimes the Immigration Judge will give his decision at the end of the hearing but usually, decisions are reserved and take 3 to 4 weeks to be received in writing. All appeal decisions are given in writing and are effective from the date of written determination or promulgation. Where there has been no oral hearing the Judges’ determination will also be received in writing.

On Being Refused a Visa – Points Based System – Administrative Review

If your visa application has been refused under the Points-Based System, you don’t have a full right of appeal but you can apply for an Administrative Review. You will get an Administrative Review request notice and guidance notes along with the refusal notice.

You can apply for an Administrative Review, which is a mechanism for reviewing UK visa refusal decisions. If you think/feel that the Embassy has made an error in refusing your visa application under the Points-Based System, you can request them to review their decision which is free of charge. The Administrative Review will look at whether your claimed indications were correctly assessed by the Entry Clearance Officer.

You should demand an Administrative Review no more than 28 days after the date when you receive the refusal notice (GV51) from the Embassy. When you receive the visa refusal notice, the Embassy will also send you:

An Administrative Review request notice; and

An Administrative Review request notice guidance notes.

Judicial Review

Judicial review is a type of court proceeding in which a Judge reviews the lawfulness of a decision or action made by the UK Home Office. Judicial review is the process whereby the Judges of the Administrative Court, and the Upper Tribunal (Immigration and Asylum Chamber) (UT), exercise jurisdiction over the lawfulness of acts or omissions of public bodies and a supervisory jurisdiction over inferior Courts and Tribunals.

Following the changes implemented by the Immigration Act 2014 with respect to the limitations set out for the right to appeal following an immigration decision, the judicial review becomes a way in which a decision can be legally challenged. This does not necessarily mean that all matters must be reviewed through a judicial review process.

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10 Most Common UK Visa Rejection Reasons

A visa rejection is the primary concern for any UK Visa applicant. The UK is one of the hubs for migration in today’s world. Therefore, many people apply for UK visas. UK Visas consists of Work Visas, Business Visas, Tourist Visas, and many more. As per the data, there were 373,580 visas refused in 2018.

In order to not be part of that statistic, let’s discuss 10 common visa rejection reasons for several visa categories that you should keep in mind:

1. Mistakes in the application form

A single mistake in the application form can lead to a refusal. Always fill in the form correctly and double-check all the information mentioned. Make sure you are consistent when providing information in your personal statements.

2. Large Deposits – UK Visit Visa

In the UK Visit Visa, the applicants submit their bank account statements as a proof of their financial situation. Many times these bank statements reflect huge deposits. Applicants usually fail to explain the source of these deposits in their cover letter and often get refused.

3. Wrong Visa Category

Many times people often select wrong visa category and later get refused due to the same. For instance, some people select UK Fiancé Visa as their category instead of Spouse Visa and many more.

4. Documents Not Submitted

Another reason for UK Visa rejection is that people often fail to submit their supporting documents. Some fail to submit the bank statements, some fail to submit their relationship documents, etc. So at the time of your application pay utmost attention to what all documents you are including and what documents you are submitting.

5. Non-Disclosure of Previous issues

Often applicants have had previous immigration or legal issues that they decide not to disclose, such as bans or certain criminal convictions already spent — especially if a long time has passed. But the Home Office miss nothing and question everything. Worse still, if they believe an applicant has attempted to mislead or misrepresent themselves intentionally (deception) a UK visa refusal might be the least of your worries.

6. Failure to meet financial requirements

Another common reason for UK Visa refusal is a failure to meet the financial requirements. Every Points Based Visa application has to meet a certain financial requirement. Every applicant under these kinds of visa has to meet the criteria of financial requirement.

7. Documents not in proper format

One of the reasons for UK visa refusal is that the documents are not in the proper format as required by the Home Office i.e. the documents should not be laminated or torn, etc.

8. Correct Documents not provided

It is really important that you provide all the documents required for your application. Different visa categories require several supporting documents, so it is important to make sure your application is specific to you, and that nothing is missed out. It’s no good listening to someone who tells you they got a visa with A, B, and C when your application also asks for D, E, and F.

9. Insufficient Evidence of Relationship

If you are trying to secure a spouse visa or any dependent visa, the most common reason for denial in this situation is insufficient evidence of a relationship. You need to prove that your relationship is genuine by providing necessary supporting documents.

10. You did not seek expert advice and followed advice from friends

If you think that just reading from a website of the Home Office or by asking friends, it is easy for you to fill in application form correctly, provide documents which are required in the required format and order, then you may be wrong. You should ask the experts as they know the nitty-gritty of everything when it comes to applying for a UK Visa.

Do not let any of these avoidable courses of action become one of your visa rejection reasons. Approaching The SmartMove2UK for help guarantees you a 99% success rate. For further queries and clarifications, Call us on +91 98191 27002 or email us at info@smi.legal and book your consultation appointment.

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Delays in UK Visa Processing Keeping Families Apart Over New Year’s

Another New Year’s comes by, bringing with it a new set of heart breaking stories of families kept apart over New Year’s by the United Kingdom’s visa laws, thanks to delays in UK Visa processing 2018.

Overstatements are not uncommon at this time of the year, but this is one such statement that stays true to the magnitude of the problem it describes.

Now before we get into the thick of things, a little bit of scale would be useful to get things into perspective.

The case we have presented below is one out of the hundreds of UK visa cases our firm deals with it every year. The cases that our firm deals with is just a small percentage of the total number of people who apply for UK Visas from India and everywhere else in the world. Now just imagine if this one story is causing so many heartbreaks, how many other painful experiences are taking place this very moment due to families being forced to stay away. And why? Because they couldn’t complete their Visa procedures in time in some cases, or their visa procedures are halted without any good reason whatsoever in some cases, like the case of Anjali from Pune.

Case Summary:

Anjali came to our firm way back in the summer of 2017. Her UK Spouse Visa had been refused and she wasn’t sure about the course of action she should take next. Our lawyers assessed her case and came to the conclusion that the only reason she was refused was that she hadn’t submitted her TB test reports along with her application, and hence advised her to go for an appeal. 18 months and several periods of severe stress later, Anjali has still not managed to join her husband in the UK.

Case details:

Due to the trivial nature of the refusal, our lawyers advised Anjali to appeal against the decision instead of filing for a new Spouse Visa Application altogether. In most cases, such circumstances don’t even occur as the Home Office tends to get back to the applicant in case they have forgotten to turn in an important document integral to the visa application process. They generally send an email along the lines of “you haven’t provided us with so and so documents, please do the same so we can move ahead with your application review.” This email is sent out in order to avoid unnecessary refusals and the consequences of the same.

Considering this trend in the Home Office’s decision making, our attorneys decided that the most straightforward path to take for Anjali would be to file an appeal against her decision, saving the hassle of arranging for all the documents and evidence again for a second application process from scratch.

Our team sent the “appeal pack” in July of 2017. Appeal decisions tend to take about 6 months to a year depending on the circumstances of the case and the applicant’s profile. As we predicted, Anjali’s spouse visa refusal decision for overturned on the 17th of April, 2018; 9 months from the date our immigration team sent in the required documents for a UK Visa appeal process.

The acceptance of the appeal was communicated to us through email. In general circumstances, the next steps to be taken after receiving the acceptance of an appeal against a spouse visa decision by the Home Office are as follows:

Get an updated TB test as these test reports are not valid for more than 6 months.

Make the UK Immigration Health Surcharge (IHS) payment

With the assistance of our team, Anjali arranged for both. She made her IHS payment on the 5th of June 2018. Again if all goes well, we expect 2 emails from the UKVI (United Kingdom Visas and Immigration) after taking care of the above 2 steps on our end:

A mail from WorldPay confirming the transaction with a reference number

A mail from UKVI confirming the payment, along with the applicant’s name and Date of Birth.

In Anjali’s case, we only received the email from WorldPay. Causing the first unforeseen delay. By the time the UKVI finally sent the email with Anjali’s name, DOB and receipt of payment, it was the 31st of July, 2018.

Following the receipt of this email from UKVI, Anjali submitted her passport to the VFS center at Pune on the 1st of August (the day after we received the UVI email). From that date until the 27th of December (the day before this article has been written), we received no further news regarding Anjali’s passport or it’s status. On the 27th of December, Anjali received an SMS text message from the VFS informing her that her passport had arrived and ready to be collected.

We breathed a huge collective sigh of relief. Anjali might just be able to travel to the UK in time for her to spend the New Year’s with her long awaiting husband…

But it turns out that was wishful thinking on all of our parts. Because when she went to the VFS center this morning (28th of December, 2018), she was informed by the Manager there that the British High Commission had called for her passport back. The passport has been sent back to the High Commission at this point of time. When asked about the reason, the answer was less than comforting: they don’t know. According to our experience in the field of UK Immigration law, chances are that there might just be some tiny internal issue with the workings of the High Commission and the passport should be back in a few days. But that does not deter from the fact that Anjali, like so many other unfortunate souls, has been forced to stay away from her loved one for yet another New Year’s thanks to UK Visa bureaucracy.

We Strive to do our bit at The SmartMove2UK…

Our heartfelt wishes to Anjali and others like her. It’s only a matter of time until you will be with your families again. The UK Visa processing delays have been a talking point for a long time now. As immigration lawyers, we feel obliged to keep the world up to date with the consequences of such time delays. New Year’s is a time of joy, hope, and new beginnings. Visa procedures are the last thing that should be preventing you from achieving any of those things.

Here at SmartMove2UK (a unit of Smart Move Immigration), we strive to provide our clients with the confidence and UK Visa process support through their entire immigration procedures to the UK, regardless of the type of Visa, so that you can spend more time living your life, and less time worrying about immigration. When it comes to UK visas and immigration, no one does it better than us. Feel free to contact us with your UK visa related queries at info@smartmove2uk.com.

We have our offices in Mumbai, Delhi, Chandigarh, Bangalore, and London. Remember that these delays in UK Visa processing 2018 need not be your case with the right support and guidance.

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Your UK Visa appeal has the best chance of success

Recent statistics released on a quarterly basis by the Office for National Statistics, Home Office and Courts & Tribunals Service have thrown up some interesting points.

The net migration statistics [i.e. the number of immigrants coming to live in the UK minus the number of emigrants] shows a drop in the net migration statistics of EU nationals – this means that more EU nationals are leaving the UK than are arriving in to the UK since the Brexit referendum. However, this decrease has been offset by the increase in the net migration of non-EU nationals. This goes to affirm that UK remains a favored destination for non-EU migrants.

Furthermore, the number of appeals decided by judges at the First-tier Tribunal (Immigration and Asylum Chamber) has fallen significantly over the years. Mainly in light of the fact that the Home Office has stripped away rights to appeal against its decisions in several categories of visas. According to latest statistics the First Tier Tribunal received around 50,000 appeals, down from 200,000 appeals in 2008-2009. But whilst the number of appeals received by the tribunals now is lesser than ever, the average waiting time for the appellants has been rising with an average case taking almost 11 months to come before a judge. This is almost double from the approximate period of 4 months during the first quarter in 2013.

However, appellants can take heart that when appeals are finally heard, the Home Office loses around half of them. The report states that the success rate for appellants in their First-tier Tribunal appeals was 52% for cases heard between April and June 2018 which is an all-time high. So, if you have had a UK visa application refused and have been awarded appeal rights – there is a better than even chance of your appeal being granted.

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UK Visa Refusal: What To Do Next

Facing a UK Visa refusal is not the end of the world.

The above statement cannot be reiterated enough. There is a process to apply for an appeal or a review for most of the visa categories. Today we are going to focus on UK Visa refusal of Visit Visas. What can you, as a visa applicant do, if you are facing a UK Visa refusal for your visit visa?

Holiday season is upon us and so is Christmas. What better place to celebrate the festival than in the snowy winters of the UK? UK tourism stays active throughout the year. All seasons in the UK open up a variety of tourist attraction for the visitors. But it’s truly magical to experience Christmas in the UK.

To experience the beauty and culture of the UK, visitors are required to apply for a UK Visit Visa. It is easy to apply for a visit visa but it may not be as easy to successfully obtain that visit visa stamp on your passport. Even a simple inconsistency in the application can possibly lead to an outright refusal by the Home Office.

The question that arises here is that what is your next course of action after receiving the refusal? Do you have a remedy other than reapplying for the application?

In certain cases it may be possible for you to ask for a review. (Success chances of Visa Appeals)

For all UK visa refusals, the applicants are provided with a Notice of Refusal detailing the reason for refusal and specifying the options available to the applicant. This may be either in the form of an Appeal or filing an Administrative review petition.

But Appeals and Administrative Review are not available for visit visas. So if your visit visa application is refused, then you do not have the right to appeal or administrative review.

If your refusal has been made on the ground of human error or genuine mistake in the application, then making a fresh application is the favourable and less expensive option to choose. But if the refusal has been made on an unlawful ground or if you believe that the caseworker has not acted in line with the legal provisions then you may choose to initiate a Judicial review of the same. The first stage in the Judicial review process would be to file a Pre-Action Protocol (PAP). PAP comes at a pre-litigation stage, essentially so that unnecessary court proceeding are avoided and the court’s time is saved.

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How to apply for a UK Visa appeal

UK Visa refusal rates have been consistently around 15% but thanks to Brexit there is going to be a further increase in the refusal rate as the UK government is on the mission to curb immigrants entering the UK. Therefore it would be a very good idea for any aspiring UK Visa applicant to know how to apply for a UK Visa appeal.  One can apply for appeal in the First Tier Tribunal Immigration & Asylum Chamber or can re-apply a fresh application as per the facts and circumstances of the case.

One can apply for appeal in the First Tier Tribunal Immigration & Asylum Chamber only in the following circumstances:

If the Home Office refuses ‘asylum claim’ or any ‘human rights claims’ or revoke it.

If the Home Office has made a decision under the European Economic Area (EEA) Regulations and has decided to deport or refused to issue a residence document

If the Home Office has decided to take away British citizenship

Most of the applications under the Work Points Based System (PBS) do not have the opportunity to appeal but at times an administrative review is allowed which is mentioned in the refusal letter if such privilege is granted.

The right to administrative review is only reserved for a period of 28 days and the decision post administrative review is also received within 28 days.

A period of 14 days is allotted in the case if the applicant wishes to appeal in the Tribunal Court if he resides in UK and 28 days if the applicant resides outside the UK at the time of the rejection letter. The applicant’s case is entertained only after the fees is paid.

In the case of in-country visa application, the applicant usually receives the application within 5-6 weeks and out of country visa application may sometimes take up to 6 months.

The applicant always reserves the right to appeal to the Upper Tribunal if he feels that there is no evidence to support the said decision or if procedure or law was not adopted by the court.

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Appealing against a decision of the Entry Clearance Officer for Entry Clearance applications

This is the first step in the appeal process; the grounds of appeal are filed before the relevant authority countering the reasons for refusals and providing rebuttals on the same. Drafting the grounds of appeal in an organized way can help the applicant to get a favourable outcome on their application.

When can you Appeal?

Applicants can file an appeal to the tribunal if they have been given a legal right to appeal – this is mentioned in the Notice of Refusal received by the applicants.

Appeal rights are typically granted for refusal of applications by the British High Commission Post or Home Office in the following categories:

Refusal of Leave to Remain, extend leave and variations (i.e. Curtailment) of leave in the UK as Fiancée, Spouse, Dependent Children, Civil Partner, Unmarried Partner, or as a Dependent.

Refusal of Entry Clearance under Fiancée visa, Spouse visa, Dependent Children visa, Elderly Dependent visa, Adult Dependent visa, Civil Partner visa, Unmarried Partner visa, Family visitor visa etc.

The decision to Deport someone already in the UK.

The decision to ask person to leave the country from the airport.

Refusal to allow someone asylum in the UK.

You can appeal against the following decisions from outside the UK

A decision to refuse a Human Rights Claim for Entry Clearance.

A Human Rights or protection refusal (where you can only apply after you’ve left the country)

A decision by the Home Office to deport you as a European Economic Area (EEA) National.

Your application for an EEA family permit as a family member of an EEA National was refused by the Home Office under the EEA Regulations.

Certain decisions about applications submitted before 06 April 2015.

You can appeal against the following decisions from within the UK

Your human rights or protection claim has been refused while you’re in the UK

A decision made under the European Economic Area (EEA) Regulations, e.g. the Home Office has refused to issue you a residence document

A decision by the Home Office to deport you (as an EEA National)

A decision where you’ve been detained and your decision letter was sent by the Detained Asylum Casework team at the Home Office

A decision to remove your UK citizenship

A decision to take away your protection status

Certain decisions about applications submitted before 6 April 2015

(Read our blog appeal against a UK Visa refusal with the help of consultants.)

UK Visa Appeals – Timelines

If you are outside the UK and your application for entry clearance (UK visa) is refused by the Entry Clearance Officer (ECO) and you have been given appeal rights, then you can appeal to the First-Tier Tribunal within 28 days of the receipt of the notice of refusal from the Entry Clearance Officer (ECO). This is usually known as an entry clearance appeal.

For applications that are made in the country (within the UK), applicants can file an appeal to the First-Tier Tribunal against the refusal of such application within 14 days after the date the refusal letter was received by the applicant.

At The SmartMove2UK, our UK Immigration experts deal with a wide range of appeals that include appeals against refusal of entry clearance, leave to enter, leave to remain and the curtailment of leave.

The areas of work that we deal with include visas for students, partners, spouses, work permit holders, fiancés and visitors. We have great experience in dealing with complicated matters and advising clients accurately. Our UK Immigration experts can manage UK visa refusal appeal cases in all areas including immigration appeals against a refusal of:

entry clearance

leave to enter

leave to remain

The appeal process has two parts:

Filing of Grounds of Appeal

Hearing of the Appeal

Our UK Immigration Solicitors have successfully filed grounds of appeal for several categories including dependent and settlement applications.

At The Smartmove2UK, our UK Qualified Solicitors and UK Immigration experts have helped individuals successfully file appeals against refusals received for their entry clearance applications.

If you would like to ascertain your eligibility to file grounds of appeal against a decision received from the Entry clearance officer, you can contact our UK qualified Solicitors for advice and assistance on +91 98191 27002 or email us at info@smartmove2uk.com.

Administrative Review

The administrative review process exists for unsuccessful visa applicants under the points-based system. If the application for a visa under the points-based system is refused for applicants outside the UK, they do not have a full right of appeal.

However, all applicants can apply for an administrative review, which is a mechanism for reviewing refusal decisions.

An administrative review can be filed if the applicant thinks that the assessing authority has made an error in refusing the visa application under the points-based system. The review will look at whether the claimed points were correctly assessed by the entry clearance officer. Click here to know more about an administrative review.

At The Smartmove2UK, our UK Qualified Solicitors and UK Immigration experts have helped individuals to successfully file Administrative review against refusals received for their entry clearance applications. If you would like to ascertain your eligibility to apply for an administrative review, you can contact our UK qualified Solicitors for advice and assistance on +91 98191 27002 or email us at info@smartmove2uk.com.

Judicial Review

The Upper Tribunal (Immigration and Asylum Chamber) is responsible for the judicial review of certain decisions made by the Secretary of State for the Home Department, entry clearance officers and others, under immigration legislation.

Where the Home Office (UKVI) has refused an application for entry clearance or leave to remain and have not granted a right of appeal against the refusal of the application, such a refusal can be challenged by way of Judicial Review (JR) within 90 days from the date of the refusal letter.

Per Civil Procedure Rules, a Pre-Action Protocol (PAP) notice must be sent to the Home Office (UKVI), giving them at least 14 days to review their decision and change their decision considering the information/documentary evidence given through the Pre-Action Protocol letter. The main aim of the PAP is to avoid unnecessary litigation.

It is possible that because of the Pre-Action Protocol letter, the Home Office (UKVI) may review their decision to refuse the application and either maintain the refusal or grant the visa.

If the decision to refuse is maintained or the Home Office does not respond to the Pre-Action Protocol letter within the stipulated time, applicants can make an application to the Upper Tribunal for permission to apply for Judicial Review.

Such an application is made on papers; the court will refuse and grant permission on papers without a court hearing. Click here to know more about Judicial Review.

At The SmartMove2UK, our UK Qualified Solicitors and UK Immigration experts have helped numerous individuals successfully file for a Pre-Action Protocol (PAP) for Judicial review against refusals received for their entry clearance applications, including for Entry clearance on visit visa. If you would like to ascertain your eligibility for filing a PAP, you can contact our UK qualified Solicitors for advice and assistance on +91 98191 27002 or email us at info@smartmove2uk.com.

UK Immigration Appeals Specialists Offering advice and assistance for UK visa refusals

Has your UK visa application been rejected?

Are you considering filing Grounds of appeal for your UK visa rejection?

Are you considering filing Judicial review petition for UK visa refusal

At The SmartMove2UK, our UK Immigration experts have adequate knowledge of UK Immigration rules to file an Appeal / Judicial Review for an entry clearance application for a UK Unmarried Partner visa, UK Fiancée visa, UK spouse visa, UK Visit visa, India Tourist visa, Tier 1 Visa, UK Administrative review for Tier 4 Student Visa, Tier 2 General visa, Tier 2 sponsor licence, or PBS Dependent.

Call us on +91 98191 27002 or email us at info@smartmove2uk.com to book an initial consultation with our UK Appeals Consultants. We have offices in Mumbai | Delhi | Gurgaon | Chandigarh | Bangalore | London.

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UK Domestic worker visa in a private household consultant in India

The ‘domestic worker in a private household’ visa allows employers to bring their domestic workers with them when they visit the UK for up to 6 months. In order to be eligible, the applicant must be an ‘established’ member of the employer’s staff – this means that the applicant must have worked for at least 12 months in the employers household or at a household that the employer frequently uses. The applicant is required to confirm that they would be working full-time in the UK as a domestic worker for that employer in a household that the employer will live in. Immigration rules require that there is a written agreement between the Domestic worker and their employer setting out the terms and conditions of the employment.

The applicant must be accompanied by:

their employer (or their husband, wife, civil partner or child) who is either a British or EEA national, usually residing outside the UK and who do not intend to live in the UK for more than 6 months; or

Their employer (or their husband, wife, civil partner or child) who is a foreign national who is coming to the UK on a visit and who don’t intend to remain for more than 6 months

The category of Domestic workers includes cleaners, chauffeurs, cooks, those providing personal care for the employer or a member of the employer’s family, and nannies.

Applicants are not permitted to change employer while they are in the UK or change to a different type of employment.

The immigration solicitors at The SmartMove2UK based in Mumbai, Delhi, Gurgaon, Bangalore and London are experts in dealing with an application for Domestic Worker visa.

Our experts have a proven track record of successful cases and provide fast, reliable and professional immigration advice and assistance.