🚀New UK Visa Rules & PR Updates! Immigration Lawyer Answers Indian Student Queries @RichaSauravWorld

Sometimes it's about immigration, sometimes it's about students. I have brought a professional who has experience. He has been practicing here for the past 11-12 years. He is buying a sponsor job from India. The second case is that he has come to the UK as a student. He is converting his visa to a care home. He is buying a sponsor job. When you sign an employment contract, there is a provision in it. They are tackling it under the Moulton Slavery Act. They are taking a step to stop it. A very common question from students is that if they have completed their post-study visa for 2 years and they didn't get a sponsor job, then what are the options for the student? Hi guys, welcome back to our channel, Rich & Sourabh World. Sourabh is with me today. And we have Mr. Vineet. So Mr. Vineet will do a small introduction round with us today. We will also interview him as he has a lot of information to share with us. First, let's talk about Vineet. Vineet is a solicitor here. He is an immigration lawyer. What else do you do? Landlord and tenancy. If you have any problems with your landlord or tenant, Vineet covers all these things. We will put Vineet's link in the description. If you want to connect with him, you can do it. Will he charge us or not? It's up to him. If you are in a need and he wants to help you, you can contact him. If you think you can also pay, you can talk to him. Because they are professionals here. So we thought to talk to him and share information with you which is important for many people. What is important is that he is an immigration lawyer and consultant. So you can ask him a lot of questions. I get a lot of questions. So today I am going to ask him that. First of all, let's ask about him. How many years ago did he come to the UK? I came here in 2007. You were a lawyer in India and here. You are practicing in both places. Yes, I am a practicing advocate in India. And I have been here since 2011. He gets a lot of questions from people. Sometimes about immigration, sometimes about students. So I thought I can't give a good answer. There may be some problems. It may not be a legal right. So I have brought a professional who has experience. He has been practicing here for the past 11-12 years. His answers will be correct. Because he gives all these advices to people. The first question that everyone is asking us and it is related to students. There is a lot of news that student laws are changing. That post-study visa is going to be cancelled. That it is going to take 8 years instead of 5 years for ILR. You know the laws perfectly. So can you tell us? First of all, the changes in student visa from July this year. They have changed that the post-study visa that used to be available for masters could bring their dependents. But they have changed it from July this year. Only researchers, PhD researchers can bring their families, dependents. Masters cannot bring anyone with them as their dependents. So this is the first major change. And the rest of the hours, they can do it for 20 hours. Masters who are doing their degree. Full time. And researchers can also do it for 20 hours. There is no change in this. The post-study visa is still there. So those who finish, successively completing the course, they can go for this post-study 2 years visa. And the ILR, basically the PR, instead of 5 years, it is going to be 8 years. It keeps coming in the news a lot. A lot of people keep saying this on YouTube. Has that change happened or not? Or is it going to happen? See, what is coming in the news or what they are saying, there is nothing like that. This is not effective. This consultation is going on because the Rishi Sonak government, they have to keep the numbers down in the net immigration. They are finding new ways to cut down the immigration. Out of that also, how to delay the ILR or PR, which is 5 years, to 8 years. But now, this is only in the consultation stage. Nothing has happened. Once the law is implemented, it gets effective from the very date when it happens. Nothing like that has happened. So I would like to tell everyone, do not speculate. The question is, if you want to take PR here, then it comes with a lot of people that if I come here and make my kid here in the UK, will the kid get a passport? Right. When a child is born here in the UK, one of the parents have to be either settled status, ILR or settled status under EUSS, under the European scheme, settled status, or ILR, or British passport, one of the parents. Then the child who is born, he can automatically register as a British. If the parents, who do not have a settled status, then the child will take a dependent visa. And until the parents are settled, he cannot get a settled status. Once they are to get settled status, then they can move on to getting British passport. Okay, so there is one more thing related to this. Suppose someone has come, for 5 years, the parents have already lived in the UK for 4 years. So now if a child is born, means a kid, so after one year, will he get it? This is when the child is born, when it is born, that status will be seen. So the child also has to cover 5 years? Yes, but at this stage, what can the parents do, who have been here for 4 years, or 1 year is left, some time is left. So what they do, if they do not want to go out of the UK, then they keep him like this, without any visa status, or immigration status. When they apply for their ILR, they can add their dependent. As long as the child is born in the UK, his birth certificate is of the UK. The registration certificate is of the UK. So whenever the mother or father applies for ILR, they can add the child directly for ILR. So basically you are saying that the child's passport should not be applied. The child is not eligible for direct passport. I would like to add on to this. The child is eligible for the passport where the parents are British, or have settled status. When the child is born, then he can be registered directly, as a British, and his passport can be applied. So the next question is, what many people are doing, that from India, they are buying a sponsor job of a care home directly. Or the second case is, like students have come to the UK, here they are converting their visa to a care home, giving money and taking a sponsor job. Is it a good thing to do? Right, first we will talk about students. Like students, since July this year, they have changed it. Until a student completes his education, he cannot switch his visa. He has to complete his education. Now there is no longer this option to get your student visa, switch to work visa, without finishing your education first. So the first thing is, if a student comes to study, which was mostly happening here, he used to do one semester, he used to come directly, he used to find a job, he used to switch directly to work visa. On this, the UK Immigration, they are not selling the education, they are not coming for education, they are selling the back door entry to work or settlement in the UK. They have closed that. Their argument was that, the agents are selling the settlement, not education. So they are being sold work visa to the back door. So they have completely closed it. Finish your studies, after that you can switch. And the second, for care home workers, see this is going on nowadays, a lot of care home workers are coming, but they don't actually have a job here. They are paying some agents, either in their home country or UK, to get the visa, but here they know, there is no job. And here only their visa is given, but there is no work. They are left alone, on their own in the UK. So don't do this. Come from a proper route. There is work, talk to the employers directly. I won't recommend to agents, who take money and apply for a visa, because you have to go back. And you can lose the money, which you are giving to the agents. You are left with no money, and no work, and nothing. You have to go back to your country. Once you don't have a visa, the UK people deport you. Within 60 days, your visa will be curtailed, and you will be told to go back. With the debt or whatever, you have paid the agent. Another question, on this one again. There are some people, who have already switched. And we are hearing a lot of bad stories, that instead of 40 hours, they are being given 70 hours of work. They are not being paid. So what should be done in such cases? When you sign an employment contract, there is a provision, a working time regulation. Here, you cannot be forced, to work more than 48 hours per week. But if you opt out of it, in the working time regulation, then your employer is free to give 70-80 hours, because you are out of that protection, which the government has given you. So first, check the employment contract. If you feel that you have been opted out, without your knowledge or consent, then get it changed. And this 70-80 hours, the UK government knows, that it is being misused. They are tackling it, under the Modern Slavery Act, on which they are taking a step, to stop it. But right now, this is going on. So already, if some people are trapped, do they have any option, to file a case, against the employer? Right, they can file a case. They are employment criminals. They are legal remedies. But what will happen by filing a case? The employer will tell the home office, that he doesn't have a job, for the person, whoever the worker is. The home office, will have to know their option, just to curtail the current visa, and to keep them on a curtailment notice, which gives you a maximum of 60 days, to either find another job, or to leave the country, within the 60 days. So mostly, in cases, when you are on a curtailment notice, then 60 days are very less, to find another sponsored job. So you have to go at the end of the day. And within, I would like to add, in a curtailment notice, if you go out of the UK, a common travel area, including Ireland, then it becomes immediate. You don't even have 60 days. Like, you will be given a notice, for 60 days, if you go out of the UK, you won't be able to come back. Okay, a very common question, is coming from the students, that if, they have taken their post-study visa, completed two years, and they don't have any sponsored job, then what are the options, for the student? Right, a post-study visa, students get it, for two years, to find a sponsored employment. Unfortunately, if no one is getting it, then, the agents, who go to them, they tell them, that they can apply for an asylum. Okay, they take money from them, and their, free asylum, application, which is not made, they still force them, to take money. So, I would like to tell everyone, that you get an asylum, only if, your life is in danger, there is a threat to your life, in your home country, and there are authorities, in your home country, they are not able, to protect you. only then, you are eligible, for getting asylum, which is called, Refuse, in the UK. unless, you don't have, any back story, or evidence, which can tell you, that your life, is really in danger, it can be, of any reason, because of your religion, sexuality, or your caste, creed, anything. Only then, you apply for asylum, and only then, you will be eligible, otherwise, you will only pay, the agents, and at the end of the day, you won't get asylum, you have to go back. There is a question, which was asked to me, 2-3 days ago, by 2-3 people, they are saying, that I am working, in a care home, and I should get, minimum 40 hours, of work, and according to that, I should get salary, but they said, care home, because they have, given license to a lot of people, they are giving me, only 10 hours of work, and basically, on that basis, they are giving salary, and on that basis, will I have a problem, in ILR, this is the first question, along with this, there is a 7th question, that if, in the last year, they show, the full 40 hours, and give salary, in the last year, in the last 6 months, so, will you get ILR, from this or not? Right, see, when you, go to ILR, on the work base, so, there is a minimum, minimum criteria, for income, so, you have to, take that, if you have, lesser income, so, you are not eligible, for ILR, where you are getting, 10 hours, that means, you are working, just part time, not full time, if you are working, part time, then again, you are not eligible, for ILR, on the basis of, your work route, because you have to, work full time, and minimum criteria, that is set by, Home Office, you have to take, minimum, minimum income, in a year, if you are not, taking that, then you can't, get ILR. In this case, what should they do, because they got, the cost of 40 hours, they got from the company, that I am going to get, so much money, but the employer, is not giving, so what should they do? Yes, this is what I said, in the beginning, this is what is going on, agents are taking money, applying for visa, from India, Kenya, Africa, all over the world, they are coming, care workers, but when they come here, they find out, there is no work here, they have a visa, but the employer, through whom, the sponsored employer, says, we don't have work, so somewhere, in the middle, I won't say, agents, or employers, there is something, who are taking money, and applying for visa, but here, they are just, they find out, there is no work, so they get stuck, they don't have money, to even go back, to their home country, to buy the airfare, so I will appeal to all of them, till you are not confirmed, don't apply for visa, usually in cases, this is seen, where you have given money, to agents, that is not legal, or genuine, you just give money, to the middle man, which is not the right way, okay, come from the proper route, talk to the direct employer, do your paperwork directly, don't get involved, in any agents, or sharing, so for today's video, we got a lot of information, from Mr. Vineet, thank you so much, for joining us today, especially, we came to meet him, and we thought, to shoot an informative vlog, because his input, his thoughts, you can say, are very important, because he is getting such cases, at least 10 cases, regularly, he is getting 20-30 cases, in a week, which are immigration, and all these cases, so, we would like to say, if in case, you have any queries, or any actual, professional, advice, you can contact, Mr. Vineet, we will put, his details, in the description, if in case, you have any friends, family, who are in need, at this time, so they are ready to help, thank you so much, for giving your time, it's been a great, meeting you, and thank you, Sourav, for being a good reporter, and thank you so much, being a good cameraman, so now, with cameraman Richa, reporter Sourav, and Vineet, vlogging off, so we will meet you, next week, in the next video, and stay tuned, with us, bye guys,