New point based system and how it will affect 10 years ILR

Background

Many people who are eligible for ILR are waiting for resuming priority and super priority services. At the same time new immigration system could significantly change ILR process/eligibility. It is important we keep ourselves update about them and monitor when they will be implemented.

New immigration system guide is available here:

https://www.gov.uk/guidance/new-immigra ... on-process

On 13 July 2020, the government set out further details on the UK’s points-based system.

https://assets.publishing.service.gov.u ... ssible.pdf

The key point that is related to ILR from page 10 of this update:

“Settlement

This is also known as indefinite leave to enter or remain and means a successful applicant can stay in the UK without any immigration conditions or time restrictions. In the tables for specific routes, if there is a ‘yes’ next to settlement then years that a migrant spends in the UK on the route can count towards the qualifying period for settlement. If there is a ‘no’ this means that any years spent in the UK on that route do not count towards the qualifying period.”

For many routes there is a NO next to settlement such as:

Start-up
Student route
Intra-Company
Graduate route (new post study route)

So any years spent in the UK on these route do not count towards the qualifying period for ILR.

When the new UK's Points-Based Immigration System will be implemented:

Different sources contradict each other. The document said it will be implemented in 2021 but some universities officially said “the new UK's Points-Based Immigration System will be phased in from October 2020” such as:

https://www.bath.ac.uk/announcements/st ... er-4-visa/

https://www.southampton.ac.uk/studentse ... index.page


Questions:

1. They discuss settlement in general and they did not mentioned any specific settlement route such as SET (O), SET (LR),…. Will the paragraph above be considered for SET (LR) 10 years route?

2. When will these New immigration system be implemented and affect applicants for SET (LR) 10 years route?


Thanks

Dr Strange

There is NO change to the 10 year legal stay rules, where all visas count.

The updated guidance and route is specific to ILR based on 5 years and the categories listed don't qualify even now so won't qualify in the future either for ILR based on 5 years residence.

Please do not post about this in the COVID UKCVAS Biometric Appointment Topic. Any FUTURE changes is not relevant to that topic which is about CURRENT ILR applicants waiting for biometric appointments.

CR001 wrote: ↑

Thu Jul 30, 2020 3:51 pm

There is NO change to the 10 year legal stay rules, where all visas count.

The updated guidance and route is specific to ILR based on 5 years and the categories listed don't qualify even now so won't qualify in the future either for ILR based on 5 years residence.

Thanks for your quick reply, Could I ask you where in the update it is stated "The updated guidance and route is specific to ILR based on 5 years"

or do you have any other source for what you mentioned.

CR001 wrote: ↑

Thu Jul 30, 2020 3:58 pm

Please do not post about this in the COVID UKCVAS Biometric Appointment Topic. Any FUTURE changes is not relevant to that topic which is about CURRENT ILR applicants waiting for biometric appointments.

No problem,

Many people like me who are eligible for ILR are waiting for resuming priority and super priority. Many of them mentioned this in the "COVID UKCVAS Biometric Appointment Topic" so I thought it was relevant.

Could you please suggest any other relevant topic?

The new PBS routes and guidance is specific to the PBS routes. Qualifying PBS routes can apply for ILR after 5 years. Nothing in this regard has changed. All qualifying visa routes for ILR require 5 years before ILR can be applied for, not only PBS but all other qualifying routes.

There has been absolutely NO change to the 10 year ILR route immigration rules, where all visas (even visitor visas) count.