- Minimum salary likely for ILR applicants post 2016
- A2 worker rules likely to remain in force until 2014
- Revised shortage occupation list proposed by the MAC
- Tier 1 (Exceptional Talent) category starts 9th August 2011
- Government signals end of ILR for migrant workers
Settlement
UK Visas have specialist consultants authorised by the OISC to provide advice on indefinite leave to remain, settlement and British citizenship and has a 100% success rate in such cases. The laws concerning both are forever changing (see below), so using a firm such as UK Visas to manage your particular case is well worthwhile, particularly as the Home Office charges for processing these applications is considerable and are non-refundable.
Further, from Monday 23rd May 2011, the UK Border Agency have now stated that, if your application is refused and you have the right to appeal, you will no longer be able to submit any new documents at the appeal stage.
This is a significant step-change in the UKBA’s treatment of cases. It means that if you fail to submit a perfect case, you will no longer be able to correct this mistake through an appeal. It is therefore essential that you ensure your application includes every document required, and that all documents submitted are in the proper format.
Our ILR applications have a 100% success rate.
Here is an overview of the current rules relating to people wishing to settle in the UK:
Once you have lived legally in the UK for a certain number of years you may apply for "Indefinite Leave to Remain" (ILR) or "Permanent Residency" (PR) as it is also known. Many migrants who come to live and work in the UK aim for this status as it is also the last step towards British Citizenship.
ILR allows a person after a set period of time (depending on the visa they are on – see table below) to make an application to settle – ie: remain in the UK indefinitely. The main benefits of ILR apart from ensuring that a person does not have to return home when their visa expires are as follows:
- No more immigration related restrictions on the business or work that you may do within the UK
- No time limits on the length of your stay in your UK
- You will not have to apply for anymore visa extensions
To qualify for ILR (also known as Permanent Residence), you will need to remain in the UK on your specific visa for a set amount of time. The number of years you must have been here in the UK before you can apply for ILR needed varies dependant on the visa you currently have, so:
- Spouse or Partner visa holders may apply after two years*
- Tier 1 (Investor) visa holders may apply after 2,3 or 5 years depending on the extent of their investment
- Tier 1 (Entrepreneur) visa holders may apply after 3 or 5 years depending on the number of new jobs created or business income created.
- HSMP visa holders (who applied before 3rd April 2006) may apply after four years
- Turkish business person or family member may apply after four years
- Tier 1 or Tier 2 visa holders may apply after five years
- Those on Ancestry visas, writers, composers and artists visa may apply after five years
- Legally here under any visa without interruption may apply after ten years
- Those here unlawfully at any time may apply after fourteen years
* or straight away if you have been married for four years or more
Indefinite Leave to Remain (after two years)
You may apply for ILR after two years:
- If you have been residing in the UK under a Spouse or Partner visa
- If you were granted a Tier 1 (Investor) visa and have invested at least £10 million
Decisions for these applications are not made using the Points-based system. Instead you must be able to show that:
- you have been here continuously without lengthy absences (Spouse or Partner visa holders only)
- you have passed the ‘Life in the UK ‘ test (not applicable if you are over 65)
- you can show that you are financially independent and have the means of supporting yourself in the future.
Indefinite Leave to Remain (after three years)
You may apply for ILR after three years:
- If you were granted a Tier 1 (Entrepreneur) visa and have created ten new jobs or created income of at least £5 million
- If you were granted a Tier 1 (Investor) visa and have invested at least £5 million
Decisions for these applications are not made using the Points-based system. Instead you must be able to show that:
- you have been here continuously with absences of no more than 180 days in any 12 calendar months during this period
- you have passed the ‘Life in the UK ‘ test (unless you applied for HSMP before 3rd April 2006 or are over 65)
- you can show that you are financially independent and have the means of supporting yourself in the future.
Indefinite Leave to Remain (after four years)
You may apply for ILR after four years:
- If you were granted an HSMP visa which was applied for before 3rd April 2006
- You are a Turkish businessperson or family member of a Turkish businessperson
Decisions for these applications are not made using the Points-based system. Instead you must be able to show that:
- you have been here continuously without lengthy absences
- you have passed the ‘Life in the UK ‘ test (unless you applied for HSMP before 3rd April 2006 or are over 65)
- you can show that you are financially independent and have the means of supporting yourself in the future.
Indefinite Leave to Remain (after five years)
You may apply for ILR after five years:
- If you have been residing in the UK with permission to work (eg: HSMP. Tier 1, Work Permit or Tier 2 but excluding Tier 1 Post-study work visas)
- A Bulgarian or Romanian business person (or family member of a Bulgarian or Romanian businessperson)
Decisions for these applications are not made using the Points-based system. Instead you must be able to show that:
- you have been here continuously without lengthy absences
- you have passed the 'Life in the UK' test (not applicable if you are over 65)
- you can show that you are financially independent and have the means of supporting yourself in the future.
- If here under Tier 1 you must be able to show that you continue to score the same earnings points that you had to show when you last applied for leave to remain.
- If here under Tier 2 you must provide a letter from your sponsor confirming your employment is still required and that your pay is in accordance with the relevant Code of Practice.
Indefinite Leave to Remain (after ten years)
You may apply for ILR after ten years:
- If you have been residing in the UK for ten years continuously with permission to do so.
Decisions for these applications are not made using the Points-based system. Instead you must be able to show that:
- you have been here continuously without lengthy absences
- you have passed the 'Life in the UK' test (not applicable if you are over 65)
UK VISAS manages ILR applications on a weekly basis and has a 95% success record with these to date, so you can be confident you will receive correct advice and have your application prepared properly by employing us to make your application for you.
UK VISAS also offers a same day service for two, three, four and five year ILR applications
Fees breakdown
Our fee for managing an ILR applications is:
|
Postal application: |
£495 + VAT* |
|
Same day service (four or five years): |
£745 + VAT* |
|
Dependants: |
no extra charge |
* Please note an additional £150 + VAT is chargeable for applicants here on HSMP or Tier 1.
The Home Office charges are:
|
Postal application: |
£972 plus £486 for each dependant |
|
Same day service: |
£1350 plus £675 for each dependant |
Recent changes to the rules –as of 6th April 2011
From 6th April 2011, the UK Border Agency has changed the immigration rules for anyone applying for an Indefinite Leave to Remain visa (aka Permanent Residency). There have been two types of changes:
- Changes that affect all applicants that are applying for Indefinite Leave to Remain;
- Changes that affect only those on a Tier 1, Tier 2 or Work Permit applying for ILR
Changes affecting all applicants
The following two changes affect everyone:
Criminal Convictions
You can no longer apply for Indefinite Leave to Remain if you have been convicted of a crime and not enough time has passed for the conviction to become "spent". "Spent" is a legal term that means the conviction can no longer be held against you in line with the Rehabilitation of Offenders Act 1974. Please note this includes traffic offences such as drink driving or driving without insurance for example but does not include penalty charge notices, parking tickets or fines.
Dependants
Prior to 6th April 2011 your dependents would be granted ILR with the main applicant regardless of their length of time in the UK. Now however, you must be able to show that your wife or husband (dependent) has been living at the same address as you (the main applicant) for no less than 2 years before they can apply for Indefinite Leave to Remain.
Changes affecting those who are currently on a Tier 1, Tier 2 or Work Permit visa
From 6th April 2011, the UK Border Agency has introduced changes for any HSMP, Tier 1, Tier 2 or Work Permit visa holders applying for Indefinite Leave to Remain.
Changes affecting HSMP/Tier 1 visa holders:
Tier 1 (General) visa holders applying for ILR will now have to satisfy the same points requirement they needed to qualify for their Tier 1 extension (i.e. 75 points if you got your first HSMP/Tier 1 visa before 6th April 2010 or 80 points if after
Changes affecting Tier 2/Work Permit visa holders:
Tier 2 visa holders now have to show that their earnings continue to comply with the relevant Code of Practice applying to their role.
Latest proposals to close ILR route for working migrants
As shown on our Latest News section, the UK Government has, on 9th June 2011, set out proposals for breaking the link between temporary and permanent migration.
This means that migrants coming to the UK to work on temporary visas will no longer be able to apply for settlement.
Key proposals under consideration in the 12 week consultation are as follows:
- re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route
- allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement
- creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement
- allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time
- introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement
- restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months
- closing or reforming routes for overseas domestic workers.
This has yet to be enacted but gives a clear flavour as to current Government thinking.
