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ILR guidance - Annex F

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

John
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Post by John » Wed Jun 13, 2007 10:39 am

I think it would be a good investment for you to pay £10 and make a Subject Access Request. That way you will find out exactly what information the Home Office are holding about you.
John

sunnyday
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Post by sunnyday » Fri Feb 08, 2008 12:12 pm

Is this guidance applicable to applications made in 2008?

John
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Post by John » Fri Feb 08, 2008 2:27 pm

I am not aware of any change in the procedure, so yes!
John

sunnyday
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Post by sunnyday » Fri Feb 08, 2008 5:18 pm

well, assuming the long residency rule and 5 year rule both have the same definition of continuous residency. then the recent 2007 april guidance on 'continuous residency' is a lot stricter than this one below. Can we use this one to back up our case then?

.1. Discretion in cases where continuous residence has been broken

In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:

* there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or

* there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

NB: Decisions in such cases must be taken at HEO level or above.

In cases involving breaks in residence and/or employment or self-employment other than or in excess of those detailed above, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.

vinny
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Post by vinny » Tue Mar 25, 2008 1:34 pm

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.

vinny
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Post by vinny » Fri Jun 13, 2008 11:22 pm

AIT's (14/05/2008) Long Residence 'continuous residence' interpretation.
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.

intgral
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Post by intgral » Mon Sep 01, 2008 11:14 am

This is a great decision that may apply in my case. Such as, it is not relevant under which type of visa/LTR is one under, it is the legality of that status that one is under. Having one or more work permits, during a 5 year period needs to be considered as part of the requirement for the ILR approval.

Please advise if you see it different.

Thank you.

vinny
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Post by vinny » Fri Nov 28, 2008 9:45 am

Long residence rules > Casework Instructions (updated 9 September 2008).
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.

RAJ2007
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Post by RAJ2007 » Fri Nov 28, 2008 11:22 am

Vinny you are a real gem (better than the gem we get in the market!).

As I understood, if someone leaves UK before his leave expires ,( suppose student visa) and then again re-enters UK with any other visa (like PSW with fresh entry clearance) and they are outside UK less than six months,

then they should be eligible for long residence category.

Is that correct?

vinny
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Post by vinny » Tue Jan 13, 2009 4:54 am

See also

28 November 2008
2 December 2008
20 December 2008

(Long Residence - Continuity, A Freedom of Information request)
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.

myTier1
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Post by myTier1 » Tue Apr 28, 2009 1:16 pm

Hi

I have been in UK since 5th Feb 2006. Back to India in April 21th and return to UK on May 28th. Back to India in March 5th 2009. Currently I may get delayed more than three months here in India.

As per the policy in Chapter F it is telling, it should not be more than 3 months and collectively not more than 6 months in all.

Actually I am getting confused here. Is it allowed to stay beyond 3 months for trip . or can I visit UK for about a week and come back ?

any help would be appreciated as I have to decide fast now.


Thanks in advance.

vkr mannam
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ILR - Guidelines

Post by vkr mannam » Thu Aug 06, 2009 6:56 pm

Hi,

Its simple, Any single travel outside UK should not be more than 3 months. And for Indefinte Stay you should not be more than 6 months outside UK irrespective of whether it is holiday or work related which is part of employment.

I am campaigning for removal of this rule/guidance. Please read the following and if you agree, kindly sign the petition.
____________________________________________________________

Dear Friends,

Work Permit & HSMP visa holders working out of UK for (UK Employer) as part of employment are discriminated and denied the right for Indefinite Leave to Remain.

Please open the link http://petitions.number10.gov.uk/ILR-Guidelines/ and sign the petition requesting to remove / amend the Home Office guidelines. (Please forward this email to all your friends in UK for their support)

FOLLOWING ARE THE REASONS:

1. There are several cases where ILR had been refused to the applicants who were outside of UK either for personal compassionate reasons or employment related absence for more than 6 months in a total of 4 or 5 years as the case may be. And some ILR applications approved. There is no uniformity in applying the guidance by the case workers. This is discriminatory.

2. The Home Office guidelines mentioned at IDI – Chapter 5, Section 1, Annex F part 3 is contradicting The British Nationality Act 1981 - Case working Instructions Chapter 18 Annex ‘B’ 4.1.1 and 4.1.2 C. The British Nationality Act 1981 contemplates absences totaling 480 to be normally disregarded for the purposes of Naturalization.

3. The commentary/text at page 438 paragraph 2 of JCWI Immigration & Nationality refugee Law Handbook mentions that the Home Office representative accepted and I quote: “the general rule that absences not exceeding three months in any one year did not break continuity, should be applied to the settlement rules for private servants as wellâ€

yasir785
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ILR

Post by yasir785 » Sun Sep 13, 2009 1:58 pm

I have a visa under the HSMP scheme which is coming up for renewal on 14 December 2009. I qualify for an extension under the current Tier 1 rules without any issues.

However, I will complete 5 years working in the UK (3 years under work permit and 2 years under HSMP) on 5 February 2010. As per the settlement guidelines I could apply for ILR 28 days before the completion of the 5 years period i.e 7 January 2010. My question is as follows:

Can I apply for ILR early i.e on 14 December 2009 instead of 7 January 2010 (51 days earlier than the completion of 5 years in uk) rather than first applying for an extension under HSMP (tier 1) and then applying for ILR. This would help me in avoiding to pay fees twice i.e for HSMP and then for ILR?

musaratnasreen
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Re: ILR guidance - Annex F

Post by musaratnasreen » Mon Oct 05, 2009 4:01 pm

penanglad wrote:This is marked "Not disclosed" on the IND website, but I sent an email asking for it under the Freedom of Information Act 2000.

------------------
IMMIGRATION DIRECTORATES' INSTRUCTIONS


CHAPTER 5 > ANNEX F
SECTION 1

EMPLOYMENT, BUSINESS OR INVESTMENT

SETTLEMENT - GUIDANCE - GENERAL


1. INTRODUCTION

Under various paragraphs of HC 395 settlement may be granted to those who have spent 4 years here in certain categories, but only if it has been specifically applied for. This arrangement is also extended to those who have remained here exceptionally outside the rules in permit-free employment for 4 years.

The advice in this annex should be read in conjunction with the section of these instructions relevant to the category in which indefinite leave is being sought.


2. CATEGORIES TO WHICH THIS GUIDANCE APPLIES

2.1. Under part 5 of the rules

Work permit holders (Paragraph 134)

Representatives of overseas newspapers etc. (Paragraph 142)

Sole Representatives (Paragraph 150)

Private Servants in diplomatic households (Paragraph 158)

Employees of overseas governments (except those exempt from control) or the United
Nations or other international organisation of which the United Kingdom is a member (Paragraph 167)

Ministers of religion, missionaries or member of religious orders (Paragraph 176)

Airport based operational staff of overseas owned airlines (Paragraph 184)

Commonwealth citizens with United Kingdom ancestry (Paragraph 192)


2.2. Under part 6 of the rules

Businessmen (Paragraph 209)

Businessmen under provision of EC Association Agreements (Paragraph 222)

Investors (Paragraph 230)

Writers, composers and artists (Paragraph 238)


2.3. Under part 7 of the rules

Retired persons of independent means (Paragraph 269)


2.4. Exceptionally outside the rules

Domestic servants accompanying employer

Employees of a government sponsored press, trade, tourist or cultural organisation

Civilian employees of and employees of firms under contract to NATO forces

Other, smaller-scale concessionary arrangements permitting full time employment for four years.


3. CALCULATION OF THE FOUR YEAR PERIOD FOR SETTLEMENT

In assessing whether or not an applicant has fulfilled the requirement to have spent 4 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.


3.1. Discretion in cases where continuous residence has been broken

In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:

* there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or

* there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

NB: Decisions in such cases must be taken at HEO level or above.

In cases involving breaks in residence and/or employment or self-employment other than or in excess of those detailed above, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.


3.2. Retired persons of independent means

Cases involving retired persons of independent means are less straightforward since they have no business or employment to tie them to the United Kingdom. Absences abroad consistent with holidays retired or wealthy people may take are acceptable provided it is clear that the applicant is not maintaining a business or a main base in another country. In such cases settlement can be granted in the normal way after a period of 4 years.


4. ACTION WHEN ALL REQUIREMENTS EXCEPT CONTINUITY OF RESIDENCE HAVE BEEN MET

Where a person has spent less than half his time in the United Kingdom he should be refused indefinite leave to remain and not granted a further extension of stay.

Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period.


5. REFUSAL ON OTHER GROUNDS

In other cases where an application for settlement is to be refused, the settlement group should refer the case back to the caseworking group, who should consider whether an application for further limited leave to remain would succeed under the relevant paragraph of the Rules. If so the applicant should be granted an extension for the period of approved employment, not exceeding 3 years, on the same Code as before. Where the relevant requirements of the Rules are not met, the application should be refused.


6. APPLICANTS WHO QUALIFY BUT DO NOT REQUEST SETTLEMENT

In cases where settlement is not requested, further leave to remain should be granted up to a maximum of 3 years on Code 1 provided the relevant requirements of the Rules for the immediate grant of settlement are met. Where the requirements for settlement are not met the application must be considered against the requirements of the Rules for further limited leave to remain.


6.1. Further applications after 3 years

A person who has qualified and continues to qualify under the Rules for settlement but has not previously applied for it may be granted settlement, on application, or up to 5 years' further leave to remain on Code 1 provided there has been no single break in residence of more than 6 months. In the case of an absence from the United Kingdom of over 6 months but under 2 years the application should not be refused but referred to an SEO or Grade 7.
Fantastic Information. God bless you. Please help me

My time line is
HSMP visa stamped on 14 jun 2006 for 1 year
Date of entry 14 sep 2006
FLR refused in jun 2007 but given 1 year extension to compansate mistake by visa office which should have issued 2 years in the first place
FLR till 4 Aug 2011 approved with a letter saying it is sufficient to take to ILR
Unfortunately letter misplaced
Can I apply for ILR still being short by 40 days from 5 years
Can I request copy of lost letter and what address please

I am stressed. Please help

syed8550
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waiting for ilr decision

Post by syed8550 » Mon Oct 26, 2009 8:30 pm

Hi
I was a student and applied for ilr on the basis of long term residency of children spent full time in school for 7 years under article 8 of uchr. application was submitted on 31/03/09, payment taken on 7/4/09. recieved a letter from home office on 2/07/09that your application is valid and need some enquiries and passed to a team where these enquiries are made. after that nothing received. can Any one has similar case advise me.

oluwa112
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Re: waiting for ilr decision

Post by oluwa112 » Thu Oct 29, 2009 4:23 pm

syed8550 wrote:Hi
I was a student and applied for ilr on the basis of long term residency of children spent full time in school for 7 years under article 8 of uchr. application was submitted on 31/03/09, payment taken on 7/4/09. recieved a letter from home office on 2/07/09that your application is valid and need some enquiries and passed to a team where these enquiries are made. after that nothing received. can Any one has similar case advise me.
Its past 14 weeks since your letter was issued with regards to Them needing further enquiries, I would sugget that you call them and ask what is going on, better still if you still have the letter they sent to you Look up the name of the person that signed the letter an dtry to e-mail them. But at this stage I would really ask that you call them and find out what is going on.

I am kind of in the same situation applying on the 10 year route but I went in person in Liverpool BAck in August. My same day service was declined and I was given a Letter Similar to your, My application is valid but futher queries where needed and will be passed on to the team where these queries woould be made.

After 10wks of waiting I decieded to e-mail the interviewing officer that signed, You can have a look at the e-mail I sent and her reply:

http://www.immigrationboards.com/viewto ... c&start=40

If your case worker is Nice enough she might reply you, but you can at least try. When i e-mailed I stayed clear of directly asking her for an update on my application, so it didnt feel like i was pressuring her, but her reply answered question i that I wanted to have answers to but could not ask directly... :-)

taliska
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Re: ILR

Post by taliska » Thu Oct 29, 2009 5:42 pm

yasir785 wrote:I have a visa under the HSMP scheme which is coming up for renewal on 14 December 2009. I qualify for an extension under the current Tier 1 rules without any issues.

However, I will complete 5 years working in the UK (3 years under work permit and 2 years under HSMP) on 5 February 2010. As per the settlement guidelines I could apply for ILR 28 days before the completion of the 5 years period i.e 7 January 2010. My question is as follows:

Can I apply for ILR early i.e on 14 December 2009 instead of 7 January 2010 (51 days earlier than the completion of 5 years in uk) rather than first applying for an extension under HSMP (tier 1) and then applying for ILR. This would help me in avoiding to pay fees twice i.e for HSMP and then for ILR?
Check out the HSMP JR(judicial Review) rules on the forum as this may entitle you to apply for ILR after 4 years(3yrs 11months to be precise. If you do not come under those rules then no you cannot apply before the 28 day period or your application will be refused

vijay13
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Help please

Post by vijay13 » Sat Nov 14, 2009 4:39 pm

Hi Senior members,

Need to clarify if i am eligible to apply for ILR,
Came to uk on 24/5/2004 stayed till 23/3/2006 on WP,the visa got expired on 15/5/2006.Came again on 24/8/2006 on WP but for a different client am still here but have changed my status to Tier 1.Can i apply now for ILR or have to wait till Aug 2011.

Would appreciate if senior members can guide me.

Cheers

horizon123
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Urgent help needed - Query on dependent

Post by horizon123 » Wed Jan 20, 2010 8:23 pm

Hello all,
My husband is eligible for ILR after 4 yrs (hsmp holder before 6th April 2006)
I have Tier 1 visa. My husband lost his job last year due to recession and I am still employed. We both want to apply for ILR with me as his dependent. I transfer a specified amount to his account every month.
My query is that is it possible to apply for ILR with me as his dependant and also earning for family (for two of us)? We have an appointment booked for next week. We would really appreciate your help.
please let me know asap.
Thanks

f2k
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Location: London

Re: Urgent help needed - Query on dependent

Post by f2k » Thu Jan 21, 2010 1:51 pm

horizon123 wrote:Hello all,
My husband is eligible for ILR after 4 yrs (hsmp holder before 6th April 2006)
I have Tier 1 visa. My husband lost his job last year due to recession and I am still employed. We both want to apply for ILR with me as his dependent. I transfer a specified amount to his account every month.
My query is that is it possible to apply for ILR with me as his dependant and also earning for family (for two of us)? We have an appointment booked for next week. We would really appreciate your help.
please let me know asap.
Thanks
The main problem that i think you might face is the fact that for you to apply as his dependent you need to have come to the UK on a dependent visa or at least changed to one.

With regards to earnings i am not sure how they are treating cases of those made redunndant recently as it is quite a widespread issue

horizon123
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Re: Urgent help needed - Query on dependent

Post by horizon123 » Thu Jan 21, 2010 4:54 pm

Thanks f2k.
I did not come to UK on dependent visa. But then is it possible that they approve ILR for my husband and not for me. I mean is it that if this may be a problem then atleast they consider my husband's application if not mine as his dependent??

blossom2009
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SEO/Grade 7?

Post by blossom2009 » Thu Jul 15, 2010 10:07 am

Does anyone know what SEO/ grade 7 stands for??

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Jul 15, 2010 10:32 am

British Civil Service: Encyclopedia wrote:Senior Executive Officer (SEO)
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.

optimist_eternal
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Post by optimist_eternal » Thu Aug 12, 2010 3:17 pm

The full range of the UKBA warranted grades are:

* Assistant Immigration Officer (equivalent to an Administrative Officer)
* Immigration Officer (Executive Officer)
* Chief Immigration Officer (Higher Executive Officer)
* HM Inspector (Senior Executive Officer)
* Assistant Director (Grade 7)
* Deputy Director (Grade 6)

(Source: Wikipedia - UK Immigration Service)

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