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Where is the ILR section in the Immigration Rules?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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JohnOhn
Junior Member
Posts: 84
Joined: Fri Mar 29, 2013 10:18 am

Where is the ILR section in the Immigration Rules?

Post by JohnOhn » Tue Jan 09, 2018 10:18 pm

You know how there are certain sections and paragraphs covering different visa schemes in the Immigration Rules (for example, Immigration Rules part 6A applies to Tier 1 visas)?

Well, I'm looking for the official section in the Immigration Rules that specifically lays out the requirements that every ILR applicant–no matter which Tier they are on–must meet and the specific wording in the Immigration Rules describing the evidential requirements for all ILR applicants.

I can't find such a section in the Immigration Rules. Is there one?

vinny
Moderator
Posts: 32800
Joined: Tue Sep 25, 2007 7:58 pm

Re: Where is the ILR section in the Immigration Rules?

Post by vinny » Tue Jan 09, 2018 11:56 pm

The rules for ILR are scattered within the Immigration Rules, subject to each category.

If you can tell us which category that interests you, then perhaps I can point to the specific paragraphs.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JohnOhn
Junior Member
Posts: 84
Joined: Fri Mar 29, 2013 10:18 am

Re: Where is the ILR section in the Immigration Rules?

Post by JohnOhn » Wed Jan 10, 2018 1:24 am

vinny wrote:
Tue Jan 09, 2018 11:56 pm
The rules for ILR are scattered within the Immigration Rules, subject to each category.

If you can tell us which category that interests you, then I can point to the specific paragraphs.


Thanks, Vinny.

I'm referencing from the SET(O) application form itself, on page 74 "Section 12 - Documents" then subsection "12A All applicants", then on page 75 "Your Finances" the following paragraphs:
For all applicants except those applying in the bereaved partner category.
Evidence of your finances. If you have to complete section 5, bank statements, building society savings book(s), pay slips or other formal documents as evidence of your ability to maintain and accommodate yourself and any dependants without recourse to public funds. (See Note 4).

Note 4: We do not accept cashpoint statements as evidence of finances. Online statements can be accepted if accompanied by a supporting letter from the bank or building society, on company headed paper, confirming the statement provided is authentic or if they bear the official stamp of the bank or building society on every page. If you claim that a relative or friend is providing you with financial support (see question 5.4), in addition to evidence of your own finances, you must provide bank statements or other documents of the kind described above as evidence of their financial resources. The documents showing the finances available to you and to any person supporting you should cover at least the last three months.
If I'm correct, there are no maintenance fund minimum requirements for ILR applications?

So I'm wondering what exactly they want to see in the documents, which is why I wanted to see the official Immigration Rules for this requirement as I know caseworkers must go by the official rules that are what is actually written in immigration law and not in HO guidance, application instructions, or emails from HO staff.

If I just submit 3 months of my current account statements is that all they are looking for?

What if I've just switched banks and send them one current account statement from one bank for the most recent month and then two current account statements from my former bank for the two previous months?

vinny
Moderator
Posts: 32800
Joined: Tue Sep 25, 2007 7:58 pm

Re: Where is the ILR section in the Immigration Rules?

Post by vinny » Wed Jan 10, 2018 1:57 am

vinny wrote:
Tue Jan 09, 2018 11:56 pm
If you can tell us which category that interests you, then perhaps I can point to the specific paragraphs.
For example, for PBS migrants (Q2):
General Requirements

Tier 1 (Exceptional Talent) Migrants (245BF)
Tier 1 (General) Migrants (245CD)
Tier 1 (Entrepreneur) Migrants (245DF)
Tier 1 (Investor) Migrants (245EF)

Tier 2 (Intra-Company Transfer) Migrants (245GF)
Tier 2 (General) Migrants, Tier 2 (Minister of Religion) Migrants and Tier 2 (Sportsperson) Migrants (245HF or 245HG)

KoLL

Appendix A, B, C, J, K

39E (overstay), 322(1C)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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