UK ILR (Indefinite Leave to Remain)

We have many years experience in assisting migrants to obtain UK Indefinite Leave to Remain (ILR) visas, also known as settlement or permanent residence.

The normal qualifying period to obtain ILR is 5 years. However if one is married to a British citizen, then the qualifying period is 2 years. However, not every visa category is counted as “qualifying” for ILR. For instance, time spent in the UK on a Working Holiday visa or a student visa does not count.

The following visa categories DO count towards the 5 year qualifying period;

Tier 1 (General)

Tier 2 (General)

Work permit

Tier 1 (Investor)

Tier 1 (Entrepreneur)

Ancestral visa

Highly Skilled Migrant Programme (HSMP)


You can obtain your qualifying 5 years by living in the UK on one of these visas or a combination of these visas. However, applicants need to note that EEA visas and residence cards cannot be used in combination with any of the above categories to apply for ILR.

EEA visas and residence cards can lead to permanent residence in their own right under EEA law but not ILR through UK immigration.

Absences in the 5 Years

The main residence requirement is that the applicant has been living in the UK throughout the qualifying period.

All absences from the UK need to be declared in the application. The UK Border Agency will of course disregard short absences for annual leave every year or for business trips.

New guidance has been issued to UK Border Agency case officers in April 2011 on calculating the continuous period in the UK and permitted absences.

The guidance states that discretion can be used where absences are for up to 3 months for a single absence or total absences of up to 6 months. The UK Border Agency can look at longer absences where these were for;

“compelling grounds either of a compassionate nature of for reasons related to the applicant’s employment or business in the UK”.

As detailed in their guidance, the case officer will want to see that;

“the applicant has clearly continued to be based in the UK“



Proof of employment, self-employment throughout the 5 years

The applicant needs to provide evidence to show that they were employed or self-employed in the UK or otherwise resident here in accordance with the terms of their visa.

So, for instance, Ancestral visa holders need to show that they have been working or self-employed in the UK throughout the qualifying 5 years – i.e. that the visa holder complied with the terms of their visa throughout the 5 years.

This previously was a very flexible requirement. However it is now being viewed much more strictly by the UK Border Agency.

Applicants need to be diligent in compiling as much material as possible throughout the 5 years. Many applicants may need assistance in this situation especially where a previous employer is no longer trading or in providing the correct proof of self-employment.

Applicants married to British citizens do not usually need to show employment or self-employment throughout the qualifying period.

Criminal convictions

In 2011, the government issued much more stringent rules relating to any criminal convictions when applying for ILR.

In short, an applicant cannot have any “unspent convictions” when applying for ILR. Most convictions become “spent” after a set period of time passes. This has proved a major hindrance for many applicants who may only have been convicted of a minor offence.

Please contact us, in strictest confidence, if you wish to see if a criminal conviction is seen as “unspent” and when it can be “spent”.

Life in the UK Test

Unless exempt through age or disability, applicants need to sit the Life in the UK Test. This is available at centres throughout the UK and is designed to test applicants’ knowledge of UK society, history, politics and government.

The test is not seen as particularly onerous – however applicants should take some time to prepare and read the recommended text book on “Life in the UK”

If you are applying for ILR on the basis of an initial application through the old HSMP visa category, then please contact us so we can see if you need to sit the Life in the UK Test.

Spouses, Partners, Children

Previously, applicants could include their spouse, partners or children on their ILR application. Once declared on the application they would be granted ILR with the main applicant regardless of how long they had lived together.

The rights of dependents changed in 2011, when the government removed the automatic rights of spouses and partners to apply at the same time.

We now have to prove that spouses or partners have been living at the same address as the main applicant for a minimum of 2 years before they can apply for ILR.

2011 changes and future developments

The following are some of the main changes to apply for ILR announced in 2011, and future proposals

Applicants applying for ILR whose current visa is Tier 1 (General) are now points tested. This is a major change from the previous position where applicants just needed to show they were economically active through employment or self-employment. The new system requires the applicants to pass a points test based on age, qualifications and most importantly – recent earnings.

Applicants applying for ILR whose current visa is Tier 2 (General) need to provide specific documents to show that they are being paid at the correct rate of pay for their occupation’s code of practice.


Revised guidance has been published on absences from the UK throughout the qualifying period for ILR.

A recent consultation on family migration has proposed increasing the residence period for ILR for spouses and partners from 2 to 5 years.


Retaining ILR

Once granted, ILR allows the holder to remain indefinitely or permanently in the UK. After living in the UK for another 1 year, the applicant may be eligible to obtain UK citizenship.

The main requirement to retain ILR is to continue living in the UK.

Any absences of more than 2 years at any one time outside of the UK, can result in one’s ILR being revoked.

Our ILR service

We have many years experience in securing ILR for our clients. The process can be complicated and is not granted easily by the UK government – it does, after all, allow permanent residence and is a very important step on the route to British citizenship.

We can handle the whole application from start to finish. The service includes everything from pre-application advice, document review, completing forms, covering letter, drafting your personal statement, submission to the authorities and bringing to a successful conclusion. This continues throughout the whole process until your visa is approved.

You will only deal with one dedicated immigration adviser to provide you with a focused one to one service.

Our success rate is second to none and we can provide numerous verifiable references from satisfied clients for you to review and inspect.

At this stage, we just need you to complete this quick registration form on our website;

http://www.commonwealthimmigration.com/assesment_form.html

This should give us all the information we need to give you the correct advice.

We can then review in full and get back to you

net migration up again

Net migration to Britain remained steady at 250,000 in the year to June 2011, according to figures released today.

However when compared with the figures for the year ended June 2010, the figures showed an increase from 235,000.

The government has promised to cut net migration by 2015 to the "tens of thousands".

It seems that the reduction in numbers of British citizens moving abroad and economic turmoil in the eurozone will see this target become harder and harder to reach.

for more information on moving to the UK, visit our website

www.commonwealthimmigration.com

UNITED KINGDOM – MORE RESTRICTIONS

The Immigration Minister has outlined some of his future plans in a major policy speech.

Changes to be implemented in the new few months will include further changes to family migration and reforms to settlement, breaking the link between temporary and permanent migration

The changes to family migration are expected to include much tougher provisions on sponsoring overseas spouses to settle in the UK. A minimum income figure for the UK sponsor is likely to be introduced.

Furthermore, the government plans to implement a much longer probationary period before spouse visa holders can become permanent residents. This may be increased from 2 to 5 years.

Launch of Australian Skilled Select system

The Australian government have launched the Skill Select website which will be operational from July 2012.

SkillSelect is an online system that enables skilled workers interested in migrating to Australia to record their details to be considered for a skilled visa through an Expression of Interest (EOI).

Intending migrants could be found and nominated for skilled visas by Australian employers or state and territory governments, or they could be invited by the Australian Government to lodge a visa application.

Although an Expression of Interest cannot yet be submitted, please feel free to contact us for information on migrating to Australia;

http://www.commonwealthimmigration.com/australia.htm

Online submission option for Tier 2 visas

The UK Border Agency have introduced a new system that will enable applicants applying under Tier 2 and 5 and their dependants who are in the UK to apply online for permission to stay (further leave to remain) in the UK

This service will be launched on 14 February 2012.

If you want to apply online you should complete the online application form, make an online payment and if you want to use the premium service, make an online booking for an appointment at a public enquiry office.

In order for your application to be valid you will need to meet the following requirements:

If you are applying under the non-premium postal route, you must:

· submit any required supporting documents specified as mandatory within 15 working days; and

· book and attend an appointment at a public enquiry office to provide biometric information. You must attend this appointment by the date we request you to.

If applying under the premium route:

· you must attend an appointment at a public enquiry office to submit any required supporting documents specified as mandatory, and enrol your biometric information when requested, within 45 working days.

If any of the above requirements are not met, your application will be rejected.

SUMMARY - So, whilst the application form and fee can all be paid online, the application documents then need to be posted in. Maybe, one day an actual “online” application will be available, similar to Australia, where the whole application (including documents) can be made online.

For more information on Tier 2 visas, please see our website;

http://www.commonwealthimmigration.com/immigration-consultants-uk.htm

Impact of migration in the UK

The government's official advisers on migration say there is a link between immigration from outside the European Union and job losses among UK workers.

The Migration Advisory Committee said there were 23 fewer UK jobs for every 100 migrants from outside the EU.

But a separate report from the National Institute of Economic and Social Research (NIESR) says immigration has had little impact.

The government has just re-iterated its standard line that "it was working to reduce net migration".

The Migration Advisory Committee (Mac) estimates that 160,000 British born workers have been displaced following non-EU immigration between 1995 and 2010.

For information on all types of UK visas, please visit our website

http://www.commonwealthimmigration.com/immigration-consultants-uk.htm

the Canadian "Super visa "

Today the Canadian government announced details of a new "Super visa" for parents and grandparents of Canadian citizens and permanent residents.

This allows applicants to stay for up to 2 years as visitors in Canada without needing to renew their visa.

Obviously the lengthy processing times for Parent category visas (and the resulting criticism) has encouraged the introduction of a visa like this to allow familiies to be reunited.

Are you interested in migrating to Canada ? If so, then please contact us through our website;

http://www.commonwealthimmigration.com/immigration-consultants-canada.htm