The UK immigration system has undergone its most comprehensive restructuring in decades, marked by sharply elevated salary thresholds for sponsored workers, increased financial requirements for family visas, the nationwide rollout of digital eVisas, and tightened rules for international students. Navigating these changes requires applicants and sponsoring employers to understand the exact transitional protections, evidentiary criteria, and procedural rules that determine whether an application succeeds or fails. This guide sets out the definitive legal framework, financial thresholds, document requirements, and strategic considerations governing UK visa applications throughout 2025 and 2026.
Overview of the 2024â2026 Immigration Policy Overhaul
The UK Government implemented a series of major changes across primary immigration routes between late 2023 and 2025, primarily intended to reduce net migration and shift the focus toward higher-skilled domestic and international recruitment. Key legislative changes include:
- The general salary threshold for the Skilled Worker route increased from £26,200 to £38,700 per year, alongside an update to the Standard Occupational Classification (SOC) system from SOC 2010 to SOC 2020.
- The Shortage Occupation List was abolished and replaced by the narrower Immigration Salary List (ISL), removing the standard 20 percent going-rate discount.
- Care workers (SOC 6145 / 6135) and senior care workers (SOC 6146 / 6136) became ineligible to bring dependants to the UK, and sponsoring care homes in England must now be registered with the Care Quality Commission (CQC).
- The Minimum Income Requirement (MIR) for partner and spouse visas under Appendix FM increased from £18,600 to £29,000 per year.
- Most international students on postgraduate taught courses were barred from bringing dependants, and students can no longer switch to work routes before course completion.
- The Immigration Health Surcharge (IHS) increased by 66 percent, rising to £1,035 per year for main applicants and £776 per year for children and students.
- Physical immigration documents, including Biometric Residence Permits (BRPs) and vignette stickers, are being phased out in favour of digital eVisas accessed through UK Visas and Immigration (UKVI) accounts.
Understanding how these rules apply depends on the specific route, the date of initial entry into the immigration system, and whether transitional arrangements protect the applicant.
Skilled Worker and Sponsored Work Routes
Baseline Salary Thresholds and Going Rates
To qualify for a Skilled Worker visa under Appendix Skilled Worker, an applicant must score 70 points across mandatory and tradeable criteria. For standard applications where the Certificate of Sponsorship (CoS) was assigned on or after 4 April 2024, the applicant must be paid at least the highest of the following three figures:
- The new general salary threshold of £38,700 per year.
- The applicable occupational "going rate" based on the 50th percentile (median) of UK earnings under the SOC 2020 coding system.
- An hourly rate of at least £15.88 per hour.
If the job requires a 40-hour working week, the salary must meet both the annual requirement and the hourly floor. Sponsoring employers cannot meet the threshold by artificially inflating contracted hours if the resulting hourly rate drops below the statutory floor.
Tradeable Points and Salary Discounts
Applicants who earn less than the standard £38,700 threshold may still qualify if they meet specific criteria allowing for tradeable salary discounts, provided their salary does not drop below absolute statutory minimums:
- Relevant STEM PhD (Option B): 10 percent discount on the going rate, subject to a general salary floor of £34,830 per year and at least £14.29 per hour.
- Relevant Non-STEM PhD (Option C): 10 percent discount on the going rate, subject to a general salary floor of £34,830 per year and at least £14.29 per hour.
- Immigration Salary List (Option D): The job is listed on the ISL, allowing a general threshold of £30,960 per year, but the applicant must still be paid 100 percent of the occupation's going rate.
- New Entrant (Option E): 30 percent discount on the going rate and a general salary floor of £30,960 per year (and £12.72 per hour). The New Entrant concession is limited to a maximum cumulative period of 4 years across Graduate, Student, and Skilled Worker routes.
The Immigration Salary List (ISL)
The ISL replaced the previous Shortage Occupation List. While the old list granted a 20 percent discount on the going rate, the ISL only discounts the general threshold (down to £30,960). The employer must still pay the full going rate listed for that SOC 2020 code. Only roles formally recommended by the Migration Advisory Committee (MAC) and approved by Parliament feature on this list, which represents a significantly smaller proportion of occupations than the previous list.
Care Workers and CQC Registration Rules
Care workers (SOC 2020 code 6135) and senior care workers (SOC 2020 code 6136) remain subject to lower general salary thresholds (£23,200 or the specific going rate, whichever is higher), but face strict regulatory conditions:
- Dependant Prohibition: Individuals granted entry clearance or permission to stay under these SOC codes from 11 March 2024 onwards cannot bring partners or children as dependants.
- CQC Registration Requirement: In England, the sponsoring employer must be actively registered with the Care Quality Commission and licensed for the regulated activity they are undertaking. Sponsoring organizations that operate without appropriate CQC registration risk immediate sponsor licence revocation and refusal of pending worker visas.
Transitional Provisions for Pre-4 April 2024 Skilled Workers
Workers who held valid permission as a Skilled Worker under a CoS assigned before 4 April 2024 benefit from transitional protections when extending their leave, changing employers, or applying for settlement before 1 December 2030:
- The general salary threshold is pegged to the 25th percentile of earnings rather than the 50th percentile, set at £29,000 per year (up from £26,200) or the updated 25th percentile going rate from Table 2 of the Immigration Rules, whichever is higher.
- The hourly floor for these transitional applicants is £11.90 per hour.
- When applying for Indefinite Leave to Remain (ILR), transitional workers must be paid at least £29,000 or the applicable 25th percentile going rate, avoiding the higher £38,700 benchmark.
+--------------------------------------------------------------------------------------------------+
| Skilled Worker Salary Threshold Decision Framework |
+--------------------------------------------------------------------------------------------------+
| |
| [Applicant holds continuous Skilled Worker permission based on CoS issued before 4 April 2024?] |
| | |
| +--- YES ---> Apply Transitional Rules: |
| | Salary must meet MAX of (£29,000, 25th percentile SOC going rate, £11.90/hr) |
| | |
| +--- NO ----> Apply Standard 2024/2025 Rules: |
| Does applicant qualify for tradeable points (New Entrant, PhD, ISL)? |
| | |
| +--- YES ---> Salary must meet discounted floor (£30,960 to £34,830) |
| | and relevant going rate percentage |
| | |
| +--- NO ----> Salary must meet MAX of (£38,700, 50th percentile going rate, |
| £15.88/hr) |
+--------------------------------------------------------------------------------------------------+
Family and Partner Visa Routes under Appendix FM
The £29,000 Minimum Income Requirement
On 11 April 2024, the gross annual income threshold required to sponsor a spouse, civil partner, or unmarried partner under Appendix FM rose from £18,600 to £29,000. Unlike the previous framework, there is no separate child surcharge component; the £29,000 requirement remains uniform regardless of the number of dependent children included in the application.
To satisfy the requirement, the applicant and sponsor must demonstrate income from specified sources permitted under Appendix FM-SE:
- Category A (Salaried/Non-Salaried Employment with Current Employer for 6+ Months): The sponsor (or applicant if legally working in the UK) must have been employed with their current employer for at least 6 months earning at or above the gross annual rate of £29,000.
- Category B (Employment with Current Employer for Less than 6 Months / Variable Income): The sponsor must show both that their current gross annual salary is at least £29,000 and that they received at least £29,000 in actual gross earnings across the 12 months preceding the application.
- Category C (Non-Employment Income): Property rental income, dividends, interest, or maintenance payments received in the 12 months before application.
- Category D (Cash Savings): Cash savings held in an accessible bank account for at least 6 months. Under the £29,000 threshold, the formula to rely solely on cash savings is:
$$\text{Savings Required} = (\text{Financial Threshold} \times 2.5) + \pounds 16,000$$ $$\text{Savings Required} = (\pounds 29,000 \times 2.5) + \pounds 16,000 = \pounds 72,500 + \pounds 16,000 = \pounds 88,500$$
Where an applicant has some income but falls short of £29,000, savings held above £16,000 can bridge the shortfall at a rate of £2.50 of savings per £1.00 of annual income deficit.
- Category E (Pensions): State, occupational, or private pension income received in the 12 months prior to the date of application.
- Category F and G (Self-Employment / Company Directors): Income from self-employment as a sole trader, partner, or director of a specified limited company during the last full financial year (Category F) or averaged over the last two full financial years (Category G).
Transitional Protection for Existing Appendix FM Applicants
Applicants granted leave as a fiancé(e), proposed civil partner, or partner before 11 April 2024 are protected under transitional provisions. When applying to extend their leave on the 5-year partner route or applying for settlement, they continue to be assessed under the historical £18,600 threshold (plus £3,800 for the first child and £2,400 for each subsequent child), rather than £29,000. Cash savings required for those covered by transitional rules remain calculated at £62,500 for those with no dependent children.
Exceptional Circumstances under GEN.3.1 to GEN.3.3
If an applicant cannot meet the £29,000 financial threshold through standard sources, decision-makers must assess whether refusal would result in unjustifiably harsh consequences for the applicant, partner, or a relevant child under Paragraphs GEN.3.1 to GEN.3.3 of Appendix FM. In such instances, caseworkers can consider alternative sources of financial support, including prospective employment, credible third-party financial support, or mortgage/asset liquidation. Grants under this route lead to the 10-year settlement pathway rather than the standard 5-year pathway.
EU Settlement Scheme: Automated Systems and Pre-Settled Transitions
Automatic Pre-Settled Status Extensions
Under Appendix EU, individuals holding pre-settled status are granted an automatic extension of their status before it expires if they have not yet obtained settled status. The Home Office initially introduced 2-year automatic extensions and expanded this to 5-year extensions in mid-2024 to prevent individuals from falling into unlawful status following the High Court judgment in R (Independent Monitoring Authority) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin).
However, applicants must note the critical operational risks of relying on automated extensions:
- The extension is applied automatically on the UKVI digital database, but relying on an extension does not cure underlying absences that may break continuous residence.
- To secure full settled status (indefinite leave to enter or remain), the applicant must still demonstrate 5 years of continuous residence in the UK, Islands, or qualifying overseas territories.
- The Home Office runs automated checks against Department for Work and Pensions (DWP) and HM Revenue and Customs (HMRC) databases. If continuous residence cannot be verified automatically, an automated conversion to settled status will not occur, requiring a formal online application supported by manual evidence.
Late Applications and the Reasonable Grounds Test
The Home Office applies strict scrutiny to new or late applications under the EU Settlement Scheme. Following rule adjustments in August 2023 and throughout 2024, caseworkers assess whether valid "reasonable grounds" exist for the delay as a preliminary validity requirement before considering the substantive merits of the application.
Valid reasonable grounds are narrowly interpreted and require objective documentary verification, such as:
- Lack of physical or mental capacity over the extended period.
- Significant and continuous medical treatment.
- Victims of modern slavery, human trafficking, or severe domestic abuse.
- Children whose parents or local authority guardians failed to make an application on their behalf while they were minors.
General lack of awareness of the scheme, minor administrative delays, or misconceptions about status are routinely rejected as valid reasonable grounds, resulting in applications being rejected as invalid without right of appeal or administrative review.
The Digital Immigration System: Transition to eVisas
Phasing Out Physical Documents
The Home Office is transitioning all visa holders to a fully digital immigration platform. Physical documentation, including Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and passport vignette stickers, is being replaced by digital status records known as eVisas.
+--------------------------------------------------------------------------------------------------+
| eVisa Transition Architecture |
+--------------------------------------------------------------------------------------------------+
| |
| [Physical Document: BRP / BRC / Vignette] |
| | |
| v |
| [Create UKVI Account & Link via UK Immigration: ID Check App] |
| | |
| v |
| [Digital eVisa Record Active on Home Office Central Database] |
| | |
| +-------------+-------------+ |
| | | |
| v v |
| [Generate Online Share Code] [Carrier / Airline API Check] |
| - Right to Work - Direct Border Verification |
| - Right to Rent - Automated Boarding Validation |
+--------------------------------------------------------------------------------------------------+
Account Creation and Identity Verification Process
To access and maintain an eVisa, individuals must complete the following steps:
- UKVI Account Setup: Register an online UKVI account using an active, permanent email address and mobile phone number.
- Identity Verification: Link the account to the individual's identity using the "UK Immigration: ID Check" smartphone app to scan the biometric chip in their passport or expiring BRP.
- Status Linking: Confirm personal details to bind existing immigration grants to the new digital profile.
- Travel Document Maintenance: Ensure that current international passport details are linked to the UKVI account. If a passport is renewed or replaced, the new document must be updated inside the UKVI profile before international travel to prevent boarding denials at overseas transport hubs.
Generating Share Codes for Third Parties
Physical BRPs can no longer be used as primary proof for employment or tenancy checks. Status holders must generate a secure, time-limited alpha-numeric "share code" through the GOV.UK "View and Prove" service:
- Right to Work: Sponsoring employers must input the share code alongside the individual's date of birth into the employer checking portal to secure a statutory excuse against illegal working civil penalties.
- Right to Rent: Landlords and letting agents in England must verify the tenant's digital status through the online landlord checking portal.
- Share codes remain valid for 90 days from creation and can be regenerated on demand.
Student and Graduate Routes
Dependant Restrictions on Student Visas
Under Appendix Student, international students starting courses are prohibited from bringing dependants (partners and children) to the UK, with only two exceptions:
- Students enrolled on a postgraduate research programme, defined as a doctoral qualification (PhD) or a research-based master's degree.
- Government-sponsored students enrolled on a course lasting longer than 6 months.
Students on standard one-year or two-year taught master's programmes (MSc, MA, MBA) cannot bring dependants to the UK.
Switching Restrictions
Students in the UK cannot switch into sponsored work routes (such as Skilled Worker or Scale-up) until they have reached specific course completion milestones:
- Degree-level or above: The applicant must have completed their course of study, or the CoS must have a start date that is after the official course completion date stated on their Confirmation of Acceptance for Studies (CAS).
- PhD Students: The CoS start date must be at least 24 months after the start date of the PhD course.
Applications to switch submitted before these milestones are reached will be refused for failing to meet the validity and suitability criteria under the switching rules.
Comprehensive Threshold and Fee Schedule
Below is the fee and threshold schedule across the primary work, family, and settlement routes.
| Route / Category | Financial Threshold / Going Rate Floor | Application Fee (In-Country) | Application Fee (Out-of-Country) | Immigration Health Surcharge (Per Year) |
|---|---|---|---|---|
| Skilled Worker (Standard, up to 3 years) | £38,700 or 100% median going rate | £827 | £719 | £1,035 |
| Skilled Worker (Standard, over 3 years) | £38,700 or 100% median going rate | £1,636 | £1,420 | £1,035 |
| Skilled Worker (Transitional, up to 3 yrs) | £29,000 or 25th percentile going rate | £827 | £719 | £1,035 |
| Skilled Worker (Immigration Salary List) | £30,960 or 100% median going rate | £551 | £551 | £1,035 |
| Partner / Spouse (Appendix FM) | £29,000 gross annual income | £1,321 | £1,938 | £1,035 |
| Partner / Spouse (Transitional) | £18,600 gross annual income | £1,321 | £1,938 | £1,035 |
| Child Dependant (where applicable) | N/A (Standard maintenance) | £1,321 (FM) / Route Fee | £1,938 (FM) / Route Fee | £776 |
| Student Visa | Course fees + £1,483/mo (London) or £1,136/mo (Outer) | £517 | £517 | £776 |
| Graduate Visa (2 or 3 years) | N/A | £822 | N/A (In-country only) | £1,035 |
| Indefinite Leave to Remain (ILR) | Route specific (£38,700 / £29,000 / None) | £3,008 | N/A | Nil (Settled) |
Note: Priority and Super Priority processing services incur additional optional statutory fees of £500 and £1,000 respectively where available.
Evidentiary Standards and Caseworker Assessment Frameworks
Caseworkers assess applications against mandatory evidentiary frameworks set out in the appendices to the Immigration Rules. Failure to supply evidence in the exact prescribed format is a leading cause of refusal.
Appendix Continuous Residence Requirements
For routes leading to settlement (including Skilled Worker, Global Talent, Scale-up, Innovator Founder, and Appendix FM 10-year routes), applicants must satisfy Appendix Continuous Residence:
- The 180-Day Rule: The applicant must not have been outside the UK for more than 180 days in any rolling 12-month period during the qualifying qualifying period.
- Permitted Absences: Absences exceeding 180 days break continuous residence unless covered by statutory exceptions, such as assisting with a national or international humanitarian or environmental crisis, severe illness, or travel disruption caused by natural disasters.
- Calculating the Rolling Period: The Home Office calculates absences on a rolling basis, rather than calendar years or visa grant years. Every single departure and return date is cross-referenced.
Specified Evidence for Employment and Income (Appendix FM-SE)
Under Appendix FM-SE, income evidence must satisfy strict conditions:
- Payslips: Must cover the exact continuous period required (6 months for Category A; 12 months for Category B). Payslips must be formal payslips or accompanied by a letter from the employer on company letterhead confirming their authenticity.
- Bank Statements: Must be corresponding bank statements covering the exact period of the payslips, showing that each gross salary payment reflected in the payslips was deposited into the account.
- The 28-Day Rule: The closing date of the most recent bank statement and the date of the employer's letter must be no older than 28 days before the date the online visa application form is formally submitted and paid for.
- Employer Letter: Must confirm the employment status, gross annual salary, contract type (permanent, fixed-term), duration of employment, and period over which the salary has been paid at that level.
Genuine Vacancy and Salary Verification Checks
In sponsored employment routes, caseworkers apply the "genuine vacancy" test under paragraph SW 5.1 of Appendix Skilled Worker. Caseworkers evaluate:
- Whether the role actually exists within the sponsor's operational structure.
- Whether the assigned SOC 2020 code accurately reflects the true duties and responsibilities, or whether it was chosen to artificially bypass higher salary thresholds.
- Whether the applicant possesses the relevant qualifications, professional registrations, and career background to perform the described role.
- Internal company payroll records via HMRC Real Time Information (RTI) checks during extensions, verifying that the worker was paid at or above the certified salary throughout their prior leave.
Refusal Triggers and Common Mistakes
+--------------------------------------------------------------------------------------------------+
| Top Primary Refusal Vectors |
+--------------------------------------------------------------------------------------------------+
| |
| [SOC Code Mismatch] ----------> Sponsoring under inappropriate code to avoid salary minimums |
| |
| [28-Day Rule Violation] ------> Financial evidence closing balance older than 28 days at filing |
| |
| [Section 3C Leave Break] -----> Filing late after visa expiry, destroying continuous residence |
| |
| [Unlisted Dependants] --------> Sponsoring family on routes where dependants are now barred |
| |
| [Part 9 Grounds Refusal] -----> Failure to declare past cautions, refusals, or driving offences |
+--------------------------------------------------------------------------------------------------+
1. Inappropriate SOC Code Selection
Selecting a SOC code that does not match the everyday duties of the job is a primary reason for sponsor compliance investigations and application refusals. If a caseworker determines that the employer selected a lower-paying SOC code to avoid paying the higher going rate of the actual job, the CoS will be cancelled, the visa refused, and the sponsor's licence subjected to suspension or revocation.
2. Violations of the 28-Day Financial Rule
In family and student applications, bank statements that end 29 days or more before the online submission date are routinely rejected. The date of application is strictly defined as the date the online form is submitted and the application fee paid, not the date of the biometric appointment. Generating bank statements after submitting the online form will not cure an out-of-date statement.
3. Miscalculating Cash Savings Deficits
Applicants often fail to apply the Appendix FM cash savings formula correctly. Holding £29,000 in cash savings is insufficient to satisfy the £29,000 income requirement. As shown above, the minimum required savings amount without any qualifying income is £88,500 held continuously for at least 6 months, or £62,500 under transitional protections.
4. Breaks in Section 3C Leave
Under Section 3C of the Immigration Act 1971, an individual's lawful status and conditions of leave are extended automatically while an in-country application submitted before their existing visa expired is awaiting decision. Common pitfalls that destroy Section 3C leave include:
- Submitting an in-country application even one day after the existing visa expires (unless formal paragraph 39E late application exceptions apply).
- Submitting an application without paying the mandatory application fee or IHS surcharge, causing the application to be rejected as invalid without ever engaging Section 3C.
- Leaving the Common Travel Area (UK, Ireland, Isle of Man, Channel Islands) while an in-country application or administrative review is pending, which causes the application to be treated as automatically withdrawn under paragraph 34K of the Immigration Rules.
5. Part 9 General Grounds for Refusal
Paragraphs 9.1.1 to 9.32.1 of Part 9 of the Immigration Rules mandate or permit refusal for non-disclosure, deception, or bad character. Key issues include:
- Failure to Disclose Immigration History: Omitting previous visa refusals from any country (including the US, Canada, Schengen Area, or Australia) is treated as false representation or failure to disclose material facts under paragraph 9.7.1 or 9.7.2, leading to mandatory refusal and a potential 10-year re-entry ban.
- Criminal and Driving Convictions: Non-custodial sentences, fixed penalty notices (if unresolved or cumulative), and driving convictions (such as driving without insurance or drink-driving) must be fully disclosed on the application form.
Complex Scenarios and Edge Cases
Dependant Age-Out and Independent Life Provisions
Children who turn 18 while holding dependant status in the UK do not automatically lose their ability to extend leave with their parents, provided they do not lead an "independent life":
- The child must not be married, in a civil partnership, or living with a partner.
- The child must continue to reside with the main applicant and sponsor, or be in full-time education living away from home while remaining financially supported.
- The child must not have formed an independent family unit.
- Evidence such as joint bank statements, letters from universities, and electoral register confirmations must be submitted to verify continuous dependence.
Employer Compliance, Right-to-Work, and Penalty Increases
Civil penalties for illegal employment increased substantially:
- First breach: Up to £45,000 per illegal worker.
- Repeated breaches: Up to £60,000 per illegal worker.
Sponsors must maintain active compliance systems, including:
- Running share code checks before employment commences and scheduling follow-up checks before digital statuses expire.
- Reporting changes in sponsored worker circumstances (unauthorised absences exceeding 10 consecutive working days, resignations, salary reductions, changes in job title or work location) via the Sponsor Management System (SMS) within 10 working days.
- Ensuring sponsored employees do not undertake supplementary employment exceeding 20 hours per week, and that any supplementary work is either on the Immigration Salary List or in the same profession and professional level as the primary sponsored role.
Switching In-Country vs Applying for Entry Clearance
Not all visa holders are permitted to switch into alternative routes from inside the UK. Individuals holding permission in the following categories are legally barred from switching in-country and must depart the UK to apply for entry clearance:
- Standard Visitors (tourism, business visits).
- Short-term Student route holders.
- Seasonal Workers.
- Domestic Workers in a Private Household.
- Individuals on Immigration Bail or with Temporary Admission.
Attempting to lodge an in-country application from a non-switchable category will result in an immediate validity rejection, leaving the individual without Section 3C protection and at risk of becoming an overstayer.
Exceptional Absence and Continuous Residence Calculation
For applicants on 5-year routes to settlement (such as Skilled Worker or Appendix FM 10-year routes), absences exceeding 180 days in any 12-month period break continuous residence unless falling under specific exceptions under Appendix Continuous Residence:
- Evacuation from a conflict zone or pandemic-related travel bans.
- Documented medical treatment for a life-threatening illness or injury requiring prolonged recuperation overseas.
- Work-related overseas postings where the employer formally certifies that the travel was required by the business (applicable to certain economic routes, but strictly constrained).
If continuous residence is broken, the 5-year qualifying clock resets to zero, requiring the applicant to complete a fresh 5-year period before qualifying for Indefinite Leave to Remain.
Practical Steps for Applicants and Sponsors
- Audit Baseline Status and Protections: Review the date your first Certificate of Sponsorship or family visa was granted to determine whether you qualify under transitional salary arrangements (£29,000 Skilled Worker / £18,600 Partner) or must meet standard thresholds (£38,700 Skilled Worker / £29,000 Partner).
- Transition to eVisa Immediately: If you hold a physical BRP, BRC, or passport vignette, create your UKVI account and link your digital eVisa. Ensure your active travel passport details are synchronized to avoid border transit issues.
- Verify Evidentiary Compliance: Review all financial and employment evidence against Appendix FM-SE and Appendix Skilled Worker criteria before paying the application fee. Confirm that all bank statements and official letters comply strictly with the 28-day rule.
- Conduct Thorough Background Checks: Disclose all historical visa refusals, entry denials, driving offences, and civil/criminal matters across all jurisdictions to prevent refusals under Part 9.
- Monitor Sponsor Compliance Duties: Sponsoring employers must ensure their SMS reporting is up to date, salaries meet updated going rates on extension, and all workers have completed digital Right to Work checks.
Reviewed by Wesbridge Associates team on . We check our published guidance against GOV.UK and current Home Office rules.
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