GLOSSARY
Indefinite leave to remain definition
What does Indefinite leave to remain mean?
Immigration status that is granted to a migrant confirming that they are free from immigration control. This is also referred to as ‘settlement’ or ‘permanent residence’. Abbreviated to ILR.
Immigration
Leave under the Immigration Act 1971 (IA 1971) to enter or remain in the United Kingdom which is not limited as to duration: see IA 1971, s 33(1).
No conditions of a kind that can be attached to a grant of limited leave can be attached to indefinite leave and where limited leave is varied such that the limit on its duration is removed any conditions attached to the original leave shall cease to apply: IA 1971, s 3(3)(a). A person with indefinite leave can return to the UK within two years of last departing and be admitted as a person who has leave to enter granted before his arrival; however where a holder of indefinite leave has stayed outside the UK for a continuous period of more than two years the leave shall thereupon lapse: see Immigration (Leave to Enter and Remain) Order 2000, SI 2000/1161, art 13.
View the related practice notes about Indefinite leave to remain
Tier 1 (Investor): applying for indefinite leave to remain
This Practice Note considers the eligibility criteria for indefinite leave to remain under the Tier 1 (Investor) category. The Tier 1 (Investor) category was closed to initial applications, without warning, from 16.00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Those with existing leave in the route will still be able to extend their stay, including making an application for entry clearance outside the UK if they have held leave as a Tier 1 (Investor) migrant in the 12-month period preceding the date of application, and apply for settlement. Extension applications made inside or outside the UK must be submitted by 17 February 2026. Applications for settlement must be made before 17 February 2028. As this route was closed in part due to the concerns the route facilitated the transfer of illicitly obtained wealth, extension and settlement applications may face increasingly high levels of scrutiny. For further information, see: LNB News 17/02/2022 76.Significant changes were made to the eligibility criteria for all initial applications in the Tier 1 (Investor) category which were submitted on or after 6 November 2014. A further set of changes were made for initial applications made on or after 29 March 2019. With each set of changes, transitional arrangements were introduced to ensure that those who had
Extensions, switching and varying existing applications
In this Practice Note, the terms ‘leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. The word ‘permission’ replaces ‘leave’ in the Immigration Rules for simplified routes, but the former term is still used in other categories of stay and the relevant legislation.A person with permission to enter or remain in the UK, who wishes and is permitted to apply to stay beyond the date their current leave expires, or who wishes to change immigration category is generally required to make an application when in the UK to the Home Office to vary their permission.A person’s permission may be varied:•by restricting, enlarging or removing the limit on its duration, or•by adding, varying or revoking conditions attached to it. See Practice Note: Conditions of permission to enter or stay in the UK for further detailsThis Practice Note covers the following types of application submitted in the UK:•extensions of stay, eg to extend permission in the applicant’s current immigration category•indefinite leave to remain, otherwise known as ‘Settlement’, ie leave without a time limit•switching immigration route, ie an application to change from one immigration route to another•applying to vary a pending permission applicationWhere a person submits an application for variation of permission before their current permission is due to expire and that application or any
Applying to naturalise as a British citizen: eligibility
Applying to naturalise as a British citizen: eligibility Naturalisation is the most common way for adults to acquire British citizenship. The naturalisation route to British citizenship enables adults who do not fulfil automatic registration criteria but who have lived in the UK for specified periods to apply to become a British citizen. A person who becomes a British citizen through naturalisation is considered a British citizen otherwise than by descent. The current legal framework governing the criteria under which an application for naturalisation can be made is set out in the British Nationality Act 1981 (BNA 1981). BNA 1981, s 6 and Sch 1 set out a series of requirements, some of which are compulsory and others of which are subject to an exercise of discretion on the part of the Secretary of State for the Home Department (SSHD) to disregard. The requirements for naturalisation are different for an applicant who is married to, or in a civil partnership with, a British citizen, or who is in Crown service overseas or married to a British citizen in such service. Naturalisation, unlike registration, is not an entitlement. The grant of a certificate of naturalisation is at the discretion of the SSHD. Under BNA 1981, s 6, the SSHD may grant a certificate of naturalisation to a person of full age and
Schedule of absences
Schedule of absences The schedule of absences spreadsheets below may be used by Lexis®PSL Immigration subscribers to calculate a person’s absences from the UK for the purposes of various application types. Schedule of absences for settlement in work routes, and naturalisation applications (incorporating ‘rolling absences’ tool for periods of leave granted under the Immigration Rules in force from 11 January 2018) Click on the below link to download the spreadsheet: This spreadsheet may be used in preparing an application for indefinite leave to remain in the UK in work, business and investment routes under the Immigration Rules. All routes which have been ‘simplified’ for the post-Brexit Immigration system now refer to indefinite leave to remain as settlement. The spreadsheet may also be used for naturalisation as a British citizen under section 6 of British Nationality Act 1981. It is suitable for persons who have relevant initial leave granted under the Immigration Rules in force on or after 11 January 2018, as they will be fully subject to the ‘rolling absences’ requirement in relation to indefinite leave to remain, and the spreadsheet incorporates a tool which calculates absences using the rolling absences method. It will also be suitable for persons who are also relying on previous time spent under the Immigration Rules in place before 11 January 2018, but they may wish to use the General schedule of
British citizenship status: deprivation and nullity
British citizenship status: deprivation and nullity IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration? This Practice Note discusses the powers of the Secretary of State for the Home Department (SSHD) to deprive a person of British citizenship status or to declare the status a nullity. It also covers the procedure for deprivation of citizenship, the effects it has on the subject and their family members, appeal rights and relevant case law. Legislative framework and guidance A significant proportion of the cases on deprivation of British citizenship status are national security cases heard in the Special Immigration Appeals Commission where the reasons for deprivation are that a person is known or alleged to be a threat to national security. The circumstances in which a British national can lose their citizenship are, however, much broader. Powers of deprivation in the full range of cases are found in section 40 of the British Nationality Act 1981 (BNA 1981). Under section 40(1), British citizens, British Overseas Territories citizens, British
Right to work checks and illegal working: problem areas and practical tips
Right to work checks and illegal working: problem areas and practical tips This Practice Note looks at how advisers can balance the competing risks that arise in practice where an employer fails to conduct a compliant right to work check or comes to suspect that an employee does not have the right to work. For aspects relating to right to work checks on EEA and Swiss citizens, and their family members, before 1 July 2021, see Practice Note: Brexit materials—right to work checks. Suspected illegal working situations involve consideration of a number of intertwined issues including: • employment—employment law considerations are key as they regulate the employer’s decision whether or not to dismiss. Potential risks include unfair dismissal and discrimination claims. For further information, see Practice Note: Illegal working: dealing with employees • regulatory—an employer may become liable to pay a civil penalty (leading in some cases to a revocation of any sponsorship licence) for employing a person who does not have the right to work. See Practice Notes: Illegal workers—civil and criminal sanctions and Illegal working: dealing with a civil penalty • criminal—it is a criminal offence to employ a person who does not have the right to work while either knowing, or else having reasonable cause to believe, that the person is not entitled to undertake such work in the
Tier 1 (Investor): investment requirements for pre-6 November 2014 Rules applicants at indefinite leave to remain
Tier 1 (Investor): investment requirements for pre-6 November 2014 Rules applicants at indefinite leave to remain This Practice Note looks at the eligibility requirements in relation to money and investments that will be relevant for a Tier 1 (Investor) migrant applying for indefinite leave to remain, where their last leave was granted under the pre-6 November 2014 Immigration Rules covering the category and they are applying before 6 April 2022. This includes what investments will qualify (including relevant restrictions), how the qualifying investments should be maintained, and the evidence needed to show that the qualifying investments and, if relevant, any balancing funds have been maintained over the relevant specified continuous period. It should be read in conjunction with Practice Note: Tier 1 (Investor): applying for indefinite leave to remain. The same requirements will apply where an applicant in this situation misses the 6 April 2022 deadline. As this route was closed to any further initial applications on 17 February 2022, through Statement of Changes in Immigration Rules CP 632, in part due to the concerns the route facilitated the transfer of illicitly obtained wealth, extension and settlement applications may face increasingly high levels of scrutiny. For further information, see: LNB News 17/02/2022 76. Investment within three months of the specified date If a person wishes to rely upon the date of first entry after being granted
Sponsored employee: applying under International Sportsperson
Sponsored employee: applying under International Sportsperson The International Sportsperson route is for elite sports players and coaches who intend to work in the UK. The route was introduced from 11 October 2021 by Statement of Changes in Immigration Rules HC 617, and replaced T2 Sportsperson, and the sporting element of T5 (Temporary Worker) Creative or Sporting Worker. It is a sponsored work category, which means that the applicant must be sponsored by an organisation that holds an A-rated licence from the Home Office under the International Sportsperson route. The single International Sportsperson route now incorporates short-term and long-term options. Entry clearance and permission to stay applications can only be made once the applicant has obtained endorsement from the relevant sports governing body and been assigned a Certificate of Sponsorship (CoS) by their sponsor. However, the issues associated with making an application for permission should be considered from the outset by both the sponsor and the applicant. For information on the sponsorship process, see Practice Note: Sponsoring an employee under International Sportsperson. This Practice Note examines the following aspects of the application which relate to the applicant: • eligibility including the English language, genuineness, financial, validity and suitability requirements • period and conditions of permission • dependants, and • settlement Key resources at a glance Immigration Rules Immigration Rules, Appendix International Sportsperson Immigration Rules, Appendix
Sources of immigration law
Sources of immigration law IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration? There are multiple sources of immigration law. In addition to 16 or so statutes and the ever-changing Immigration Rules, there is a huge number of statutory instruments, procedural rules and regulations, instructions and guidance issued by the Home Office plus a large volume of case law that, together with relevant European and international law, make up the body of immigration law. The importance of primary sources of the law Although the GOV.UK website is a major source of information on immigration policy and law, Home Office policy instructions and guidance should not be relied on alone as an accurate statement of the law. Further, given how easily and frequently changes are made to the Immigration Rules and how provisions in statutes are often fleshed out in secondary legislation, it is vital that primary sources of law are consulted. Hierarchy of the sources of law Not all sources of law carry equal weight and authority before a court. How
Making an application under the EU Settlement Scheme
Making an application under the EU Settlement Scheme Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus (COVID-19) outbreak. For updates and links to useful information, news and news analysis in relation to the implications for immigration lawyers, see Practice Note: Coronavirus (COVID-19) immigration resources. This Practice Note looks at the procedure for submitting applications for settled and pre-settled status under the EU Settlement Scheme (the Scheme). It covers: • the requirement to submit a ‘valid’ application • application procedures for applying for immigration permission under the Scheme (for European Economic Area (EEA) citizens and non-EEA citizens, inside and outside the UK) • the Home Office’s ‘EU Exit: ID document Check’ app • the evidential requirements (these relate to identity and nationality, residence and the additional documents required for family members) • authorisation for a legal representative to liaise with the Home Office in relation to the application, and • the requirement to keep the Home Office updated in relation to certain details following grant of leave The Practice Note also looks at the application process for family permit applications from outside the UK. For the purpose of this Practice Note, EEA citizens are defined as nationals of all remaining 27 EU Member States (excluding the UK), as well as Liechtenstein, Norway and Iceland and Switzerland. Although Switzerland is not a member of
View the related precedents about Indefinite leave to remain
Representative of an Overseas Business: settlement application—additional checklist
Representative of an Overseas Business: settlement application—additional checklist A. Additional documents for all main applicants Evidence of your employment for the last 12 months. This could include:—payslips—bank statementsPayslips should be either:— printed on company-headed paper showing the employer’s name, or—printouts of online payslips Your bank statements should show a full breakdown of your pay, including salary payments and any commission. Personal bank or building society statements should be either:—statements on bank stationery—ad hoc statements printed on the bank's letterhead (excluding mini-statements from Automatic Teller Machines (ATMs)), or—printouts of electronic statementsAll statements should include the following details:—your name—account number—date of the statement—the financial institution’s name, contact details and a branch code, and—any transactions over the periodThe last document should be dated no more than 31 days before the application. Some of this information will also be provided in a letter from your employer (see below).The format of documentation may vary depending on the country where you have your employment contract. There is some flexibility allowed in the format of payslips and evidence of documents from financial institutions—if your existing documents are not in the format suggested, please contact us for further advice as to whether they are acceptable. Your current job description For any absences from the UK over the qualifying period due to a serious or compelling reason: a personal letter from
Senior or Specialist Worker—entry clearance—email at beginning of process
Senior or Specialist Worker—entry clearance—email at beginning of process Dear [APPLICANT], Your Senior or Specialist Worker entry clearance visa We have been instructed by [SPONSOR] to assist you [and your dependants] with an application for entry clearance to the UK (a visa) under the Global Business Mobility (GBM)—Senior or Specialist Worker route. This route is for established workers who are being transferred by their existing employer to do a skilled role in the UK. Eligibility To be eligible for a Senior or Specialist Worker visa, you must be currently working for [SPONSOR]’s group overseas and [have worked with [SPONSOR] outside the UK for 12 months and earn at least £42,400 per annum and the relevant appropriate rate for your occupation code OR earn at least £73,900 per annum and the relevant appropriate rate for your occupation code and therefore be classified as a ‘high earner’ by the Home Office] in a role that is listed as eligible for the route in Tables 1 or 2 of Appendix Skilled Occupations of the Immigration Rules. I understand that you have been employed by [SPONSOR] since [OVERSEAS EMPLOYMENT START DATE] in the role of [ROLE], which falls within [OCCUPATION CODE] and earn £[SALARY] per year, therefore you are eligible to apply. Visa duration [SPONSOR] will apply for a [NUMBER OF YEARS OF VISA] year Senior or Specialist Worker visa for you [and linked visas for
Children of a parent with limited leave as a partner under Appendix FM: leave to remain—letter in support from sponsoring partner
Children of a parent with limited leave as a partner under Appendix FM: leave to remain—letter in support from sponsoring partner [Insert your current residential address] [Insert Home Office address where application is being sent] [Insert date] Dear [insert organisation name] Letter of support of leave to remain application of [insert name of child(ren), nationalit(ies) and date(s) of birth] I [am a British citizen OR have indefinite leave to remain in the UK OR have refugee status in the UK OR have humanitarian protection leave in the UK] and am the [spouse OR civil partner OR unmarried partner] of [insert name of applicant partner]. My date of birth is [insert date of birth] and I am currently [insert age]. I am the [state the relationship to the child(ren)] of [insert name of child(ren)] who [is OR are] applying for leave to remain under Appendix FM of the Immigration Rules. Their [other] parent is [insert name of applicant partner]. [Insert name of applicant partner] is currently resident in the UK with leave to [enter OR remain] [as my partner OR insert immigration
Spouses, civil partners and unmarried partners under Appendix FM: grant of entry clearance—information sheet
Spouses, civil partners and unmarried partners under Appendix FM: grant of entry clearance—information sheet You have now been granted entry clearance (a visa) until [insert date] as the partner of a person with [British citizenship OR settled status in the UK OR refugee leave in the UK OR leave in the UK under the humanitarian protection provisions]. This information sheet outlines some of the key conditions of your stay in the UK as well as your responsibilities to the Home Office. It is important that you understand these conditions. Please do not hesitate to contact us if you have any queries. Please note that while the information below is correct as at today’s date, UK immigration law is subject to regular change. Arrival in the UK and documents You have been issued with a short-term entry clearance valid for 30 days from [insert date], to enable you to travel to the UK. You will be required to collect your Biometric Residence Permit (BRP) from [insert details of relevant post office or alternative collection location] within ten days of arrival in the UK. Please contact us as a matter of urgency if any circumstances arise which mean that you will be unable to meet either of these deadlines. When collecting your BRP, you will need to show both your passport and your decision letter from the Home Office. If you
Children of a parent with limited leave as a partner under Appendix FM: entry clearance—letter in support from sponsoring partner
Children of a parent with limited leave as a partner under Appendix FM: entry clearance—letter in support from sponsoring partner [Insert your current residential address] Entry Clearance Officer [Insert address of [Embassy OR High Commission OR Consulate to which application is being sent]] [Insert date] Dear [insert organisation name] Letter in support of entry clearance application of [insert name of applicant child(ren), nationality(ies) and date(s) of birth] I [am a British citizen OR have indefinite leave to remain in the UK OR have refugee status in the UK OR humanitarian protection leave in the UK] and am the [[spouse OR civil partner OR unmarried partner]] of [insert name of applicant partner]. My date of birth is [insert date of birth] and I am currently [insert age]. I am the [state the relationship to the applicant children] of [insert name of applicant children] who [is OR are] applying for entry clearance under Appendix FM of the Immigration Rules. Their [other] parent is [insert name of applicant partner] [[Insert name of applicant partner] has applied for entry clearance as my partner, and [he OR she] and [our OR his OR her] children will be coming to live in the UK following the approval of their applications for entry clearance. OR [[insert name of applicant
Children applying for indefinite leave under Part 8 and Appendix FM: grant of indefinite leave—information sheet
Children applying for indefinite leave under Part 8 and Appendix FM: grant of indefinite leave—information sheet I am pleased to confirm that you have been granted indefinite leave to [enter OR remain in] the UK. You are now treated as having settled status. [You have been issued with a short-term entry clearance valid for 30 days from [insert date], to enable you to travel to the UK. You will be required to collect your Biometric Residence Permit (BRP) from [insert details of relevant post office or alternative collection location] within ten days of arrival in the UK. Please contact us as a matter of urgency if any circumstances arise which mean that you will be unable to meet either of these deadlines. OR I am pleased to enclose a letter from the Home Office which confirms that you have been granted indefinite leave to remain in the UK. It is important that you keep this letter in a safe place. I also enclose a Home Office leaflet which explains your new immigration status. You will shortly receive a BRP which confirms your new immigration status. If you are working, please ensure that you show your original passport and BRP to your UK employer as soon as possible, and preferably on the first working day after you receive the BRP. They must check and take a copy of both
Children of a parent with limited leave as a partner under Appendix FM: grant of limited leave to remain—information sheet
Children of a parent with limited leave as a partner under Appendix FM: grant of limited leave to remain—information sheet You have now been granted limited leave to remain in the UK until [insert date] as the child of a parent with limited leave as a partner under Appendix FM. This information sheet outlines some of the key conditions of your stay in the UK, as well as your responsibilities to the Home Office. It is important that you understand these conditions. Please do not hesitate to contact us if you have any queries. Please note that while the information below is correct as at today’s date, UK immigration law is subject to regular change. Biometric Residence Permits Your UK immigration status will be recorded in and evidenced by a BRP, rather than by a stamp in your passport. You will shortly receive your BRP. When you do, it is very important that you check that all the details recorded on the document are correct. Please also let us have a copy for our records. If there is an error on the BRP relating to the length or conditions of leave granted, this will need to be corrected by means of an administrative review procedure. For other types of mistake (eg relating to your personal details), you must contact the Home Office within ten days of receipt, to request correction. The Home
Spouses, civil partners and unmarried partners: extension of stay or indefinite leave to remain—letter in support from sponsoring partner
Spouses, civil partners and unmarried partners: extension of stay or indefinite leave to remain—letter in support from sponsoring partner [Insert your current residential address] [Insert Home Office address to which application is being sent] [Insert date] Dear [insert organisation name] Letter in support of [extension of stay OR indefinite leave to remain] application of [insert name of applicant, nationality and date of birth] I confirm that I [am a British national OR have indefinite leave to remain in the UK OR have refugee status in the UK OR have humanitarian protection leave in the UK] and am the [spouse] [ civil partner or unmarried partner] of [insert name of applicant]. My date of birth is [insert date of birth] and I am currently [insert age]. I confirm that [name of sponsoring partner] and I are in a genuine and subsisting relationship and have been living together at the following addresses since our last grant of leave: [insert addresses and dates covered]. [Between the following dates we were unable to live together for the following reasons: [insert dates and full
Children applying for indefinite leave under Part 8—letter in support from sponsor(s)
Children applying for indefinite leave under Part 8—letter in support from sponsor(s) [Insert current residential address(es) of sponsor(s)] [Entry Clearance Officer, [Insert name of Entry Clearance post and address] OR [Insert Home Office address where application is being sent]] [Insert date] Dear [insert organisation name] Letter of support for [insert name of applicant, nationality and date of birth] [I am a [insert the nationality of the sponsor] national and am the [state the relationship to the child applicant] of [insert name of applicant]. [Insert confirmation that either: (i) the child's other parent is dead, (ii) they have had sole responsibility for the care and upbringing of the child, (iii) for indefinite leave to remain applications only, the child normally lives with them and not the child's other parent, or
UK Expansion Worker—entry clearance—email at beginning of process
UK Expansion Worker—entry clearance—email at beginning of process Dear [APPLICANT], Your UK Expansion Worker entry clearance visa We have been instructed by [SPONSOR] to assist you [and your dependants] with an application for entry clearance to the UK (a visa) under the Global Business Mobility (GBM)—UK Expansion Worker route. This route is for senior managers or specialist employees who are being temporarily assigned to the UK to set up a branch of an overseas business. Eligibility To be eligible for a UK Expansion Worker visa, you must be currently working for [SPONSOR] and [have worked with [SPONSOR] outside the UK for a cumulative 12-month period and earn at least £42,400 per annum and the relevant appropriate ‘going rate’ for your occupation code OR earn at least £73,900 per annum and the relevant appropriate ‘going rate’ for your occupation code and therefore be classified as a ‘high earner’ by the Home Office OR (for Japanese nationals establishing a branch/subsidary under the UK-Japan Comprehensive Economic Partnership Agreement) earn at least £42,400 per annum and the relevant appropriate ‘going rate’ for your occupation code in a role that is listed as eligible for the route in Tables 1 or 2 of Appendix Skilled Occupations of the Immigration Rules] [[I understand that you have been employed by [SPONSOR] since [OVERSEAS EMPLOYMENT START DATE] in the role of [ROLE], which falls within [OCCUPATION CODE] and
View the related q&as about Indefinite leave to remain
In a situation where an EU national has lived in the UK for over six years, but has only recently registered under the EU Settlement Scheme (EUSS), can they rely on the fact that they had permanent residence status as a matter of law for six years to apply for British citizenship immediately after settled status is ‘granted’ under the EUSS? Or do they have to wait 12 months from the date the settled status is recognised/granted under the EUSS before applying?
In a situation where an EU national has lived in the UK for over six years, but has only recently registered under the EU Settlement Scheme (EUSS), can they rely on the fact that they had permanent residence status as a matter of law for six years to apply for British citizenship immediately after settled status is ‘granted’ under the EUSS? Or do they have to wait 12 months from the date the settled status is recognised/granted under the EUSS before applying? One of the requirements for an adult's naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981 (BNA 1981) is to have ‘not at any time in the period of 12 months so, ending [been] subject under the immigration laws to any restriction on the period for which they might remain in the United Kingdom’. There are two ways of satisfying this requirement which may be relevant to European Economic Area (EEA) nationals: • through indefinite leave to remain (including ‘settled status’ granted under Appendix EU) that has been granted more than 12 months ago, or • through providing a document confirming that the applicant has acquired permanent residence (PR) under the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 more than 12 months ago. The letter that is issued by
If an applicant applies for a new Spouse visa (via entry clearance) before their current spouse visa expires, and then they come back to the UK with the new visa, will they still be eligible to apply for indefinite leave to remain based on their current visa and their previous five years in the UK under this category? The applicant for the fresh grant of leave to enter as a spouse is overseas and is unable to travel to the UK.
If an applicant applies for a new Spouse visa (via entry clearance) before their current spouse visa expires, and then they come back to the UK with the new visa, will they still be eligible to apply for indefinite leave to remain based on their current visa and their previous five years in the UK under this category? The applicant for the fresh grant of leave to enter as a spouse is overseas and is unable to travel to the UK. In this situation, an individual has been granted leave to enter as a spouse for the initial period (up to 33 months under the Immigration Rules, Appendix FM, Section E-ECP), but is out of the UK for reasons beyond their control at the point of the extension application for leave to remain as a spouse (under the Immigration Rules, Appendix FM, Section R-LTRP). The type and length of leave required to make a settlement applications is set out at the Immigration Rules, Appendix FM, Section E-ILRP: ‘1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either: (a) at least 60 months in the UK with: (i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or (ii) limited leave to remain as a partner
Can a child of a points-based system migrant apply for settlement with the main applicant parent if the other parent cannot apply for indefinite leave to remain and is instead applying for an extension?
Can a child of a points-based system migrant apply for settlement with the main applicant parent if the other parent cannot apply for indefinite leave to remain and is instead applying for an extension? A child of a relevant points-base system (PBS) migrant can apply for settlement if they meet the requirements set out in the Immigration Rules, Part 8, para 319J. When looking at the immigration status of the parents, Immigration Rules, Part 8, para 319J states that the dependent child can apply for settlement if: • both of their parents are lawfully settled in the UK • both of their parents are
When an applicant has leave under Appendix FM of the Immigration Rules and their relationship with the British sponsor is breaking down, how can they protect their position and evidence an active role in their child’s life if the sponsoring partner is making an application for the child’s indefinite leave to remain after five years? What are the difficulties with making a leave to remain application on the basis of their relationship with a child and would the position change if the child is over the age of 18 (at the time of making the application)?
When an applicant has leave under Appendix FM of the Immigration Rules and their relationship with the British sponsor is breaking down, how can they protect their position and evidence an active role in their child’s life if the sponsoring partner is making an application for the child’s indefinite leave to remain after five years? What are the difficulties with making a leave to remain application on the basis of their relationship with a child and would the position change if the child is over the age of 18 (at the time of making the application)? It has been assumed, for the purpose of this Q&A, that the child in question is not the child of the British sponsor. If it were, it would, in the vast majority of cases, also be British, or have the option of registering as such under the British Nationality Act 1981. In this scenario, the applicant’s child would only be eligible to apply for indefinite leave to remain under Immigration Rules, Part 8, as Immigration Rules, Appendix FM only allows a child to apply for limited leave to remain. The applicant in these circumstances appears to be prevented from applying for indefinite leave to remain in the partner route. They would only have the option to apply for leave as a parent if they
For the purposes of a PBS/Appendix W child dependant application, would the main applicant’s step-daughter be permitted to join him in the UK? The mother (PBS/Appendix W dependant partner) has sole responsibility for the child.
For the purposes of a PBS/Appendix W child dependant application, would the main applicant’s step-daughter be permitted to join him in the UK? The mother (PBS/Appendix W dependant partner) has sole responsibility for the child. The Immigration Rules, Introduction, para 6 defines a stepfather as ‘a parent’ only in circumstances where the child’s father is dead. The Immigration Rules, Part 8, para 319H provides the framework for an application for a dependent child of a PBS or Appendix W migrant. One of the requirements in Immigration Rules, Part 8, para 319H(b) is that: ‘…(b) The applicant must be the child of a parent who has, or is at the same time being granted, valid entry clearance, leave to enter or remain, or indefinite leave to remain, as: (i) a Relevant Points Based System Migrant or Appendix W Worker, or (ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.’ Where the mother of the child has leave (or is being granted leave at the same time as the dependant child) as the partner of a relevant PBS/Appendix W migrant, Immigration Rules, Part 8, para 319H(b)(ii) would apply. However, para 319H(f) states that: ‘…(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than
For the purposes of a child’s settlement application under the Immigration Rules, Part 8, para 298, is there any guidance or case law on the meaning of ‘normally lives with’ their parent at para 298(c), in particular on whether there is a minimum time requirement?
For the purposes of a child’s settlement application under the Immigration Rules, Part 8, para 298, is there any guidance or case law on the meaning of ‘normally lives with’ their parent at para 298(c), in particular on whether there is a minimum time requirement? In order to secure indefinite leave to remain, amongst other requirements, a child must comply with the Immigration Rules, Part 8, para 298(c), which states as follows: ‘(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent;’ Originally, the Immigration Rules, Part 8, para 298(c) only concerned whether a parent had sole responsibility of the child, but the provision was amended on 13 December 2013, allowing the requirement to be satisfied if the parent could prove that the child ‘normally lives with’ them. Therefore, if a parent of a child can demonstrate that the child normally lives with them and not their other parent, the above requirement can be satisfied and the child should be permitted to remain with them in the UK. The Home Office has not published any guidance in relation to what must be satisfied in order to demonstrate that a child normally lives with one parent and not the other under the
Are there any time restrictions on making an application for a biometric residence permit (BRP) on form BRP(RC), where the applicant holds indefinite leave to remain (ILR), their current BRP is due to expire, and they were a person aged under 16 when their BRP was issued?
Are there any time restrictions on making an application for a biometric residence permit (BRP) on form BRP(RC), where the applicant holds indefinite leave to remain (ILR), their current BRP is due to expire, and they were a person aged under 16 when their BRP was issued? Practice Note: Biometric Immigration Documents confirms that: ‘An application for a replacement BRP must be made if the original BID is lost, stolen or damaged, if they are a child and their BID has expired ahead of their leave, or if they have ILR and their BID has expired. The application in such circumstances is made on form BRP(RC).’ The requirement to apply for a replacement BRP derives from the Immigration (Biometric Registration) Regulations 2008, SI 2008/3048, reg 19. This states (our emphasis): ‘19 (1) A person who has been issued with a biometric immigration document under regulation 13(1), 13A(1) or 13B(1) is required to apply for a replacement biometric immigration document where his original document— (a) has been cancelled under paragraphs (a) to (g) of regulation 17; or (b) has ceased to have effect under regulation 13(4)(b), (c) or (d), regulation 13A(6)(b), (c) or (d), or regulation 13B(4)(b). (2) A person required to apply for a biometric immigration document under paragraph (1) must do so within 3 months beginning with the date that the original document was cancelled or ceased
Do the general grounds for refusal in the Immigration Rules, Part 9, paragraph 322 apply to applications for indefinite leave to remain by Tier 2 (General) migrants?
Do the general grounds for refusal in the Immigration Rules, Part 9, paragraph 322 apply to applications for indefinite leave to remain by Tier 2 (General) migrants? The general grounds for refusal of an application for indefinite leave to remain by a Tier 2 (General) migrant under the Immigration Rules, Part 6A, para 245HF are set out in the Immigration Rules, Part 9, para 322. Immigration Rules, Part 9, para 322 states: ‘In addition to the grounds for refusal of extension of stay set out in Parts 2–8 of these Rules, the following provisions apply in relation to the refusal of an application for leave to
Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment?
Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment? A system of civil and criminal penalties for employers who hire illegal workers exists for employment commencing from 29 February 2008 under the Immigration, Asylum and Nationality Act 2006 (IANA 2006). Under IANA 2006, s 15 employers who unwittingly employ an illegal worker (ie without immigration permission) are liable to pay a civil penalty unless they can benefit from the statutory excuse. For further information, see Practice Note: Illegal workers—civil and criminal sanctions. A correctly conducted right to work check can provide an employer with a statutory excuse against a civil penalty for employing a person illegally, should it be that the employee in question does not have, or loses, the right to work at some point during the employment. To obtain the excuse, the employer must show that it has taken particular steps during the right to work check, which must be undertaken prior to the commencement of employment. Obtaining relevant documentation
Where an applicant has joined an existing business, they are required to show a net increase of employment. How is net increase calculated for job creation where the employment has fluctuated throughout the year before the applicant joins the business? In addition, what constitutes a job? For example, where there are 10 waiters in a company, does this count as 10 different jobs or is it just one job—that of a waiter?
Where an applicant has joined an existing business, they are required to show a net increase of employment. How is net increase calculated for job creation where the employment has fluctuated throughout the year before the applicant joins the business? In addition, what constitutes a job? For example, where there are 10 waiters in a company, does this count as 10 different jobs or is it just one job—that of a waiter? The job creation requirement must be satisfied by applicants making applications to extend their leave as Tier 1 (Entrepreneurs), or later applying for indefinite leave to remain (ILR) having spent the required period in the UK in that route. As the Q&A identifies, where a Tier 1 (Entrepreneur) has taken over or invested in an existing business or businesses, they must show a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least two new full time jobs (row 4, Table 5, Appendix A to the Immigration Rules). The rules at paragraph 50(g) and (h) of Appendix A to the Immigration Rules require certain evidence to be provided in respect of the job creation requirement, and the net increase in jobs: '(g) if the applicant took over or joined a business, they must provide a signed and dated letter from an accountant, showing: (i) the name
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