A Look into the UK Settlement Visa and Reasons for Rejection


Legal permission granted by the government of the United Kingdom to any foreign individual seeking to permanently stay in the United Kingdom is referred to as settlement. The permission is granted as a document referred to as a visa. Different visa categories exist such as tier 1 investor visa, UK business visa, entrepreneur visa UK, British citizenship by investment, and many other categories depending on the purpose of the settlement that the individual has put forth. In this way, the individual is not a target of immigration control. Although, this does confirm full citizenship status.

Filling out your Visa Application Form the Right Way

Applicants should use a black pen when filling out there visa application form. All details such as names, addresses and other required details to be filled out should be written in capital letters. An empty box should be left between the parts of sections where details such as payment information have to be written. If you are not filling out a certain section of the visa application form, a letter detailing the reason must be attached.

Is there any online website where I can get a visa application form?

All forms regarding visa applications can be found online on:

www.gov.uk/government/collections/uk-visa-forms

Applicants will download the form, have it printed, fill it, and mail it to the address specified.

Applicants must apply online if they wish to enter the United Kingdom for reasons which are:

  • To study
  • To join any family member or a partner
  • To visit the United Kingdom
  • To work in the United kingdom /business purposes (tier 1 investor visa, UK business visa, entrepreneur visa UK etc.)

Can an applicant apply in any other alternate form if he/she is disabled?

You can email the Home Office at alternativeformats@homeoffice.gsi.gov.uk and specify your disability and any alternate technology that you wish to apply through.

Is it necessary to show documents that demonstrate my right to be in the United Kingdom?

Yes, recent amendments in the United Kingdom law make it obligatory for applicants to show documents that prove their right to be in the country. This is for reasons such as work purposes, to rent any form of property in the United Kingdom or use any resources in the United Kingdom.

What reasons are there on the basis of which my visa might be cancelled?

If the applicant enters the United Kingdom before the entry time specified on his/her visa, or lies on his/her visa application regarding visit to the United Kingdom, the government will hold the right to detain and deport the individual in violation of the law.

Can the United Kingdom government deny any applicant a long term visa because of any illness?

If an applicant is found to be suffering from active pulmonary tuberculosis, the Home Office can deny a long term visa. Applicants have to take a test to check whether they are suffering from the disease or not.

What are the most common reasons of permanent settlement applications being rejected?

Almost nine percent of the total applications regarding citizenship were refused in the year 2015, as indicated by the Migration Observatory. Ever since 2002, the major reason of most applications being refused by the Home Office has been because of applicants failing to qualify the ‘good character’ requirement of the application. Other than that, failing to meet the English language requirement and the ‘Life in the UK test’ has also been a small percentage of applications for permanent settlement.

Which countries are the most susceptible to have their visas for settlement refused?

India is at the top of the list having settlement visas refused at a figure of 18%. Pakistan is the second on the list at a ten percent rate of refusal on its settlement visa. Zimbabwe, Nigeria and China follow respectively. Other countries include Philippines, the United States of America, South Africa, Bangladesh and Sri Lanka.

The above list is representative of data that was recorded in the year 2015.

Continuous Residence

The time period an individual has resided in the United Kingdom without any form of gaps is referred to as continuous residence. Applicants are allowed to leave the United Kingdom for a period of 6 months at any time. But, an applicant is only allowed to leave for a total of 540 days on a whole.

This time excludes any time that might have been spent in a prison, in a secure hospital, the Channel Islands, the Republic of Ireland, a young offender’s institution or the Isle of Man.

What action can the United Kingdom government take if I stay beyond the time period that was allowed to me?

If the time period that was allowed by the Home Office to stay in the United Kingdom expires for an individual and the foreign national does not leave, the government will put them on the Migration Refusal Pool (MRP). When any foreign national is placed on the Migration Refusal Pool (MRP), the government takes action to detain and deport the individual to the country that they came from. The majority of individuals placed on the Migration Refusal Pool (MRP) are students who came to the United Kingdom on a Tier 4 visa.

Currently, the issue of foreign nationals overstaying their welcome in the United Kingdom is one of the primary issues faced by the country. A matter of public debate during elections and other mediums, the United Kingdom is facing widespread pressure economically and from the public regarding illegal overstay. The government has tried to curb illegal overstay by putting certain countries, the nationals of which abuse this law the most, on high risk. The countries included are:

  • Bangladesh
  • Nigeria
  • India
  • Sri Lanka
  • Ghana
  • Pakistan

Generally, if the foreign national has overstayed in the country for a period of twenty eight days or less than that time, the government disregards any action to deport or disregard the individual.

Is it common for individuals to fake marriages so that they can permanently settle in the United Kingdom?

Yes, it is common for citizens of the European Union (EU) to marry an individual from outside of the European Union (EU) so that the non-EU citizen can apply for permanent settlement in the United Kingdom. However, this is strictly illegal and anyone who is discovered to be faking a marriage in order to obtain a permanent settlement visa can have strict action taken against them by the United Kingdom government. Mostly, the fake marriage scam is carried out by desperate immigrants who wish to enter the country through any means. In the past, the United Kingdom has cracked down fake marriages being carried out and sent individuals involved in the process to prison.

Section 24 of the Immigration and Asylum Act of 1999 gives marriage registrars the obligation to report any suspect activity being carried out by two individuals wishing to marry or file a civil partnership.

Any individuals who wish to carry out a marriage under this specific scenario will have to go the marriage registrar prior to the wedding and inform them of the planned date of the wedding in advance and seek approval, to ensure the government is informed of the marriage in advance. The law also states that any two individuals wishing to marry or file a civil partnership, and decide to carry out the marriage twenty eight days before the planned date of the wedding to be placed under a notice board.

The law also states that anyone who is suspect of carrying out a fake marriage to have their notice period be further extended to seventy days so that the government can thoroughly investigate the case.

For this very reason, the United Kingdom government has implemented a rule for any two individuals marrying under this scenario to stay in the relationship for a minimum period of five years before they can be permanently settled in the country. A figure given by the Home Office from the government department that handles immigration cases in the United Kingdom, that roughly ten thousand fake marriages are carried out annually by individuals looking to permanently settle in the United Kingdom.

Are there any documents that I need to submit if I wish to enter the United Kingdom through the Channel Tunnel?

Yes, proof of your identity and where you are from (in the form of your passport including a visa) must be provided if you wish to enter the United Kingdom through the channel tunnel. This helps the relevant authorities determine whether the individual requires a visa to enter the country and what conditions should be set before approval of entrance is given.

Are my baggage and vehicle inspected by the border control of the United Kingdom when I come to the country? 

It is possible for the border control agency to inspect your luggage or any items that you may be carrying if they consider you of a suspect nature. Although not necessary, it can happen. Mostly when individuals are found to be carrying items in their luggage that indicates that they intend to permanently settle, while they have been granted a visit visa, your application will be refused.

Will the border control agency ask me any further questions regarding the reason for my visit to the United Kingdom?

Yes, the UKVI expects the individual entering the country to answer questions that includes there intention of stay and what their plans are during this period of time. This can happen at the airport or at the border where the individual might be entering from. The person being asked these questions are under obligation to answer these questions.

If I wish to rent any property in the United Kingdom as an immigrant, will my landlord perform an immigration check?

It is required by law for landlords holding property in the United Kingdom to check whether someone even has the right to hold property or not. Landlords are required to request original documents as evidence that proves the individual has permission to rent out property in the country. Landlords are also requested to keep copies of the documents that were provided by the immigrant who rents out the property and it is crucial that the date the immigration check was performed be recorded.

Landlords do not follow the above procedure and give out property anyway can be fined up to 3000 pounds or be sent to jail.

Is it worth my time to make an appeal on a decision that was made by the Home Office regarding my immigration decision?

Figures obtained from the UK Law Society, an organization that is the representative of all solicitors in Wales and in England, indicate that almost half of the total immigration decisions taken by the United Kingdom are overturned on appeal. There are a number of reasons for this decision such as new evidence coming to light regarding the applicant and the reason he provided.

So, the above mentioned evidence does suggest that there is a certain flaw present in the way the immigration process is carried out in the United Kingdom and the way visa applications are often refused by the United Kingdom. This gives way to the fact that applicants who are refused entry into the United Kingdom for any purpose such as coming to study in the United Kingdom, for visit purposes in the country, for work purposes in the United Kingdom or for tourism can file an appeal against their decision taken by the Home Office.