Q&As

What are the documentary requirements for a Tier 2 (General) application for indefinite leave to remain in respect of the requirement for continuous residence in the UK, and is there any flexibility to these requirements in circumstances where a previous employer has ceased to trade?

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Published on LexisPSL on 02/10/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • What are the documentary requirements for a Tier 2 (General) application for indefinite leave to remain in respect of the requirement for continuous residence in the UK, and is there any flexibility to these requirements in circumstances where a previous employer has ceased to trade?

In order to be granted indefinite leave to remain in the UK as a Tier 2 (General) Migrant, an applicant must meet the requirements under Immigration Rules, Part 6A, paragraph 245HF, which includes ‘a continuous period of 5 years lawfully in the UK’ (para 245HF(b)). For further information, see Practice Note: Tier 2 (General): applying for indefinite leave to remain.

‘Continuous period of lawful residence’ is further defined at Immigration Rules, Part 6A, para 245AAA. For further information, see: ‘Absences and lawful continuity of residence’ in Practice Note: General requirements for indefinite leave to remain in work, business and investment categories.

For the purpose of this Q&A, the relevant section is Immigration Rules, Part 6A, para 245AAA(c) which states that any absences from the UK during the relevant period of residence must have been for a purpose consistent with the applicant’s basis of stay in the UK, namely annual leave, business trips or other seri

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